Monday, 22 October 2018

Important Central Administrative Tribunal (CAT) Judgement

Important Central Administrative Tribunal (CAT) Judgement 

Central Administrative Tribunal
Principal Bench
New Delhi

OA No.571/2017
Order Reserved on: 13.02.2018
Pronounced on: 17.04.2018

Hon'ble Mr. K.N. Shrivastava, Member (A)
G.C. Yadav,
S/o late Kamal Singh Yadav,
(aged about 61 years)
(retired as Deputy Secretary)
R/o H.No.1627/3, Lane No.6,
Rajiv Nagar, Mata Road,
Gurugram-122001.
- Applicant
(By Advocate Shri L.R. Khatana)
-Versus-
1. Union of India
Through Secretary to the Govt. of India,
Ministry of Home Affairs,
North Block, New Delhi-110001.

2. Secretary to the Govt. of India,
Department of Pension & Pensioners' Welfare,
Ministry of Personnel, Public Grievances & Pensions,
North Block, New Delhi-110001.

3. Secretary to the Govt. of India,
Department of Personnel & Training,
Ministry of Personnel, Public Grievances & Pensions,
North Block, New Delhi-110001.
-Respondents
(By Advocate Shri N.D. Kaushik)
(OA No.571/2017)
O R D E R

The applicant retired from the post of Deputy Secretary in the Ministry of Home Affairs, Government of India with effect from the afternoon of 31.12.2015 on attaining the age of superannuation. His date of birth is 01.01.1956. He has been deprived of the benefits of 7th Central Pay Commission's recommendations, which came into effect w.e.f. 01.01.2016 on the ground that he retired prior to that date i.e. 31.12.2015.

2. The applicant submitted his representation dated 14.12.2015 (Annexure A-4 colly.) to the Secretary, Department of Personnel & Training (DoP&T) (respondent no.3) stating therein that he would cease to be a Government servant in the midnight of 31.12.2016 and thus acquired the status of a pensioner in the forenoon of 1st January, 2016. Hence, he is entitled to all the pensionary benefits viz. gratuity, fixation of pay/pension as per 7th Central Pay Commission’s recommendations. The representation dated 14.12.2015 of the applicant was forwarded by the Additional Secretary (S&V), DoPT to the Joint Secretary, Pension, Department of Pension and Pensioner's Welfare (DoP&PW) vide letter dated 29.02.2016. The relevant portion of  the said letter is extracted below:
"2. In his representation, Shri Yadav has contended that the pensionary benefits accrue to a person when he acquires the status of Pensioner. As per the judgment of the Hon'ble Supreme Court in the case of S. Banerjee, the persons born on 1st January, 2015 were in Government service upto midnight of 31st December, 2015 and acquired the status of pensioner only in the forenoon of 1st January, 2016. Applying the law laid down by the Hon'ble Supreme Court in the case of S. Banerjee, the persons born on 1st January, 1956 acquired the status of pensioner only in the forenoon of 1st January, 2016. The recommendations of the 7th Pay Commission are likely to be implemented with effect from 1st January, 2016."
3. Pursuant to the implementation of the 7th Central Pay Commission's recommendations, DoP&PW (respondent No.2) issued Annexure A-2 Om dated 04.08.2016 revising the pension of pre-2016 pensioners/family pensioners. The grievance of the applicant is that his retiral benefits have been fixed in terms of Annexure A-2 OM, treating him as a pre-2016 retiree whereas he should be treated as a retiree w.e.f. 1.1.2016 and thus the 7th Central Pay Commission's benefits should  accrue to him.

4. Respondent No.2 considered the representation dated 14.12.2015 of the applicant, which was duly forwarded by the DoPT vide aforementioned letter dated 29.02.2016 and vide impugned Annexure A-1 OM dated 03.01.2018 has declined the request of the applicant. The relevant portions of this OM are reproduced below:
"4. In the case of Shri Yadav, he actually retired on 31.12.2015 and was not in service on 1.1.16. Judgment of Hon'ble Supreme Court in the case of Shri S. Benerjee has no relevance in his case. In fact Rule 5 (2) of CCS (Pension) Rules, has already been amended and as per the amended rule date of voluntary retirement is treated as the last working day. Therefore, those who retired voluntarily on 1.1.2016 would be eligible for pay and pension benefits of 7th CPC as a post 1.1.2016 retiree.

5. Since Shri Yadav retired on superannuation on 31.12.2015, he is to be treated as a pre-2016 pensioner and is accordingly entitled to the benefit in revision of pension under the OM No.38/37/46-P&PW(A)(ii), dated 4.8.16."
5. Aggrieved by the impugned Annexure A-1 OM dated 03.01.2017, the applicant has filed the instant OA praying for the following relief:
"B) That this Hon'ble Tribunal may be pleased to hold and declare that the impugned orders/action of the respondents is illegal, arbitrary, discriminatory, unconstitutional and violative of Articles 14 and 16 of the Constitution of India and quash and set aside the same and be pleased to further hold that since the Applicant superannuated with effect from the afternoon of 31.12.2015 and relinquished the charge of the post of Deputy Secretary in the afternoon of that date, he, as per law, is deemed to have effectively retired on or with effect from 1.1.2016 and therefore, cannot be treated as pre-2016 pensioner and direct the respondents to grant the retiral benefits such as fixation of pension, DCRG, commutation of pension, leave encashment etc. accordingly and pay the arrears thereof  with 12% interest within a specified time-frame."
6. Pursuant to the notices issued, the respondents entered appearance and filed their reply in which they have broadly made the following important averments:
6.1 The applicant retired from Government service on 31.12.2015 and accordingly he has been treated as a pre-2016 pensioner and his pensionary benefits have been fixed in terms of the OM dated 4.8.2016 (Annexure A-2) of the DoP&PW.

6.2 As per the provisions of FR 56(a), a Government servant whose date of birth is first of a month shall retire from service in the afternoon of the last day of the preceding month on attaining the age of 60 years. Hence, the applicant, whose date of birth is 1.1.1956 is deemed to have been retired in the afternoon of 31.12.2015.

6.3 The judgment of Hon'ble Supreme Court in S. Banerjee v.Union of India, [AIR 1990 SC 295], relied upon by the applicant in para 4 (d) of the OA, is not relevant in the instant case. It is stated that Shri S. Banerjee had retired voluntarily and his date of retirement was 1.1.1986 whereas in the instant case the applicant retired on attaining the age of superannuation in the afternoon of 31.12.2015 and as such was not in service on 1.1.2016.

Check the Judgement Copy

CBDT releases Direct Tax Statistics


CBDT releases Direct Tax Statistics

Constant growth in direct tax-GDP ratio over last three years
Growth of more than 80% in the number of returns filed in the last four financial years
Number of persons filing return of income has also increased by about 65% during this period from 3.31 crore in FY 2013-14 to 5.44 crore in FY 2017-18
22 OCT 2018
Continuing the practice of placing key statistics relating to direct tax collections and administration in public domain, the Central Board of Direct Taxes (CBDT) has further released time-series data as updated up to FY 2017-18 and income-distribution data for AY 2016-17 and AY 2017-18. The key highlights of these statistics are as under:
  • There is a constant growth in direct tax-GDP ratio over last three years and the ratio of 5.98% in FY 2017-18 is the best DT-GDP ratio in last 10 years.
  • There is a growth of more than 80% in the number of returns filed in the last four financial years from 3.79 crore in FY 2013-14 (base year) to 6.85 crore in FY 2017-18.
  • The number of persons filing return of income has also increased by about 65% during this period from 3.31 crore in FY 2013-14 to 5.44 crore in FY 2017-18.
There has been continuous increase in the amount of income declared in the returns filed by all categories of taxpayers over the last three Assessment Years (AYs). For AY 2014-15, corresponding to FY 2013-14 (base year), the return filers had declared gross total income of Rs.26.92 lakh crore, which has increased by 67% to Rs.44.88 lakh crore for AY 2017-18, showing higher level of compliance resulting from various legislative and administrative measures taken by the Government, including effective enforcement measures against tax evasion.

The total number of taxpayers (including corporates, firms, HUFs, etc.) showing income of above Rs. 1 crore has also registered sharp increase over the three-year horizon. While 88,649 taxpayers disclosed income above Rs. 1 crore in AY 2014-15, the figure was 1,40,139 for AY 2017-18 (growth of about 60%). Similarly, the number of individual taxpayers disclosing income above Rs. 1 crore increased during the period under reference from 48,416 to 81,344, which translates into a growth of 68%.

The average tax paid by corporate taxpayers has increased from Rs.32.28 lakh in AY 2014-15 to Rs.49.95 lakh in AY 2017-18 (growth of 55%). There is also an increase of 26% in the average tax paid by individual taxpayers from Rs.46,377/- in AY 2014-15 to Rs.58,576/- in AY 2017-18.
During the three-year period under reference, the number of salaried taxpayers has increased from 1.70 crore for AY 2014-15 to 2.33 crore for AY 2017-18 (up by 37%). The average income declared by the salaried taxpayers has gone up by 19% from Rs.5.76 lakh to Rs.6.84 lakh.

During the same period, there has also been a growth of 19% in the number of non-salaried individual taxpayers from 1.95 crore to 2.33 crore and the average non-salary income declared has increased by 27% from Rs. 4.11 lakh in AY 2014-15 to Rs. 5.23 lakh in AY 2017-18.

The availability of the time-series data and the income-distribution data of fairly long periods in the public domain will be found to be useful by the academicians, scholars, researchers, economists and the public at large in studying long-term trends of various indices of the effectiveness and efficiency of direct tax administration in India.

The new releases are available alongwith older publications at www.incometaxindia.gov.in.

PIB

One lakh benefitted under PMJAY health insurance scheme in one month of its launch


One lakh benefitted under PMJAY health insurance scheme in one month of its launch

Nearly a month after the roll out of the Centre's PMJAY health insurance scheme, one lakh people have availed the benefits of the ambitious programme, Union Health Minister J P Nadda said Sunday.
The Pradhan Mantri Jan Arogya Yojana (previously Ayushman Bharat), touted as the world's largest health insurance programme, was launched pan-India by the prime minister from Jharkhand on September 23.

"Prime Minister Narendra Modi launched Pradhan Mantri Jan Arogya Yojana on September 23 and within a month, one lakh beneficiaries have benefitted from it. We are committed to ensure the benefits of the scheme reach the last man," Nadda said in a tweet in Hindi.

The scheme is expected to benefit up to 55 crore people, providing them an annual health cover of Rs 5 lakh for secondary and tertiary care hospitalisation through a network of Empanelled Health Care Providers (EHCP).

There is no cap on family size and age in the scheme.

On October 5, two weeks after the launch of the PMJAY, Indu Bhushan, CEO of National Health Agency, said around 38,000 people have availed the benefits of the scheme.

The health ministry has said the scheme will help in reducing expenditure on hospitalizations and help mitigate the financial risk arising out of catastrophic health episodes.

Over 9,000 hospitals have been empanelled for the scheme, and 32 states and Union territories have signed MoUs with the Centre and will implement the programme. Telangana, Odisha, Delhi and Kerala are not among the states which have opted for the scheme.

PTI

Income Tax Rates Assessment Year 2018-19, 2019-20

Income Tax Rates Assessment Year 2018-19, 2019-20

Tax Rates
1. In case of an Individual (resident or non-resident) or HUF or Association of Person or Body of Individual or any other artificial juridical person
Taxable incomeTax Rate
Up to Rs. 2,50,000Nil
Rs. 2,50,000 to Rs. 5,00,0005%
Rs. 5,00,000 to Rs. 10,00,00020%
Above Rs. 10,00,00030%
Less: Rebate under Section 87A [see Note]
Add: Surcharge and Education Cess [see Note]
Assessment Year 2019-20
Taxable IncomeTax Rate
Up to Rs. 2,50,000Nil
Rs. 2,50,000 to Rs 5,00,0005%
Rs. 5,00,000 to Rs. 10,00,00020%
Above Rs. 10,00,00030%
Less: Rebate under Section 87A [see Note]
Add: Health and Education Cess [see Note]
2. In case of a resident senior citizen (who is 60 years or more at any time during the previous year but less than 80 years on the last day of the previous year)
Assessment Year 2018-19
Taxable incomeTax Rate
Up to Rs. 3,00,000Nil
Rs. 3,00,000 - Rs. 5,00,0005%
Rs. 5,00,000 - Rs. 10,00,00020%
Above Rs. 10,00,00030%
Less: Rebate under Section 87A [see Note]
Add: Surcharge and Education Cess [see Note]
Assessment Year 2019-20
Taxable IncomeTax Rate
Up to Rs. 3,00,000Nil
Rs. 3,00,000 to Rs 5,00,0005%
Rs. 5,00,000 to Rs. 10,00,00020%
Above Rs. 10,00,00030%
Less: Rebate under Section 87A [see Note]
Add: Health and Education Cess [see Note]
3. In case of a resident super senior citizen (who is 80 years or more at any time during the previous year)
Assessment Year 2018-19
Taxable incomeTax Rate
Up to Rs. 5,00,000Nil
Rs. 5,00,000 - Rs. 10,00,00020%
Above Rs. 10,00,00030%
Add: Surcharge and Education Cess [see Note]

Assessment Year 2019-20
Taxable IncomeTax Rate
Up to Rs. 5,00,000Nil
Rs. 5,00,000 to Rs. 10,00,00020%
Above Rs. 10,00,00030%
Add: Surcharge and Education Cess [see Note]
Assessment Year 2018-19
a) Surcharge:
i) The amount of income-tax shall be increased by a surcharge at the rate of 10% of such tax, where total income exceeds fifty lakh rupees but does not exceed one crore rupees. However, the surcharge shall be subject to marginal relief (where income exceeds fifty lakh rupees, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of fifty lakh rupees by more than the amount of income that exceeds fifty lakh rupees).
ii) The amount of income-tax shall be increased by a surcharge at the rate of 15% of such tax, where total income exceeds one crore rupees. However, the surcharge shall be subject to marginal relief (where income exceeds one crore rupees, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of one crore rupees by more than the amount of income that exceeds one crore rupees).
b) Education Cess:The amount of income-tax and the applicable surcharge, shall be further increased by education cess calculated at the rate of two per cent of such income-tax and surcharge.
c) Secondary and Higher Education Cess: The amount of income-tax and the applicable surcharge, shall be further increased by secondary and higher education cess calculated at the rate of one per cent of such income-tax and surcharge.
d) Rebate under Section 87A: The rebate is available to a resident individual if his total income does not exceed Rs. 3,50,000. The amount of rebate shall be 100% of income-tax or Rs. 2,500, whichever is less.
Assessment Year 2019-20
a) Surcharge:
i) The amount of income-tax shall be increased by a surcharge at the rate of 10% of such tax, where total income exceeds fifty lakh rupees but does not exceed one crore rupees. However, the surcharge shall be subject to marginal relief (where income exceeds fifty lakh rupees, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of fifty lakh rupees by more than the amount of income that exceeds fifty lakh rupees).
ii) The amount of income-tax shall be increased by a surcharge at the rate of 15% of such tax, where total income exceeds one crore rupees. However, the surcharge shall be subject to marginal relief (where income one crore rupees, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of one crore rupees by more than the amount of income that exceeds one crore rupees).
b) Health and Education Cess:
The amount of income-tax and the applicable surcharge, shall be further increased by health and education cess calculated at the rate of four percent of such income-tax and surcharge.
c) Rebate under Section 87A:
The rebate is available to a resident individual if his total income does not exceed Rs. 3, 50,000. The amount of rebate shall be 100% of income-tax or Rs. 2,500, whichever is less.
4. Partnership Firm
I. For the Assessment Year 2018-19, a partnership firm (including LLP) is taxable at 30%.
Add:
a) Surcharge:
The amount of income-tax shall be increased by a surcharge at the rate of 12% of such tax, where total income exceeds one crore rupees. However, the surcharge shall be subject to marginal relief (where income exceeds one crore rupees, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of one crore rupees by more than the amount of income that exceeds one crore rupees).
b) Education Cess:
The amount of income-tax and the applicable surcharge, shall be further increased by education cess calculated at the rate of two per cent of such income-tax and surcharge.
c) Secondary and Higher Education Cess:
The amount of income-tax and the applicable surcharge, shall be further increased by secondary and higher education cess calculated at the rate of one per cent of such income-tax and surcharge.
II. For the Assessment Year 2019-20, a partnership firm (including LLP) is taxable at 30%.
Add:
a) Surcharge:
The amount of income-tax shall be increased by a surcharge at the rate of 12% of such tax, where total income exceeds one crore rupees. However, the surcharge shall be subject to marginal relief (where income exceeds one crore rupees, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of one crore rupees by more than the amount of income that exceeds one crore rupees).
b) Health and Education Cess:
The amount of income-tax and the applicable surcharge, shall be further increased by health and education cess calculated at the rate of four percent of such income-tax and surcharge.
5. Local Authority
I. For the Assessment Year 2018-19, a local authority is taxable at 30%. Add:
d) Surcharge: The amount of income-tax shall be increased by a surcharge at the rate of 12% of such tax, where total income exceeds one crore rupees. However, the surcharge shall be subject to marginal relief (where income exceeds one crore rupees, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of one crore rupees by more than the amount of income that exceeds one crore rupees).
e) Education Cess: The amount of income-tax and the applicable surcharge, shall be further increased by education cess calculated at the rate of two per cent of such income-tax and surcharge.
f) Secondary and Higher Education Cess: The amount of income-tax and the applicable surcharge, shall be further increased by secondary and higher education cess calculated at the rate of one per cent of such income-tax and surcharge.
II. For the Assessment Year 2019-20, a local authority is taxable at 30%. Add:
a) Surcharge:
The amount of income-tax shall be increased by a surcharge at the rate of 12% of such tax, where total income exceeds one crore rupees. However, the surcharge shall be subject to marginal relief (where income exceeds one crore rupees, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of one crore rupees by more than the amount of income that exceeds one crore rupees).
b) Health and Education Cess:
The amount of income-tax and the applicable surcharge, shall be further increased by health and education cess calculated at the rate of four percent of such income-tax and surcharge.
6. Domestic Company
I. For the Assessment Year 2018-19, a domestic company is taxable at 30%. However, tax rate would be 25% where turnover or gross receipt of the company does not exceed Rs. 50 crore in the previous year 2015-16.
Add:
a) Surcharge: The amount of income-tax shall be increased by a surcharge at the rate of 7% of such tax, where total income exceeds one crore rupees but not exceeding ten crore rupees and at the rate of 12% of such tax, where total income exceeds ten crore rupees. However, the surcharge shall be subject to marginal relief, which shall be as under:
(i) Where income exceeds one crore rupees but not exceeding ten crore rupees, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of one crore rupees by more than the amount of income that exceeds one crore rupees.
(ii) Where income exceeds ten crore rupees, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees.
b) Education Cess: The amount of income-tax and the applicable surcharge, shall be further increased by education cess calculated at the rate of two per cent of such income-tax and surcharge.
c) Secondary and Higher Education Cess: The amount of income-tax and the applicable surcharge, shall be further increased by secondary and higher education cess calculated at the rate of one per cent of such income-tax and surcharge.
II. For the assessment year 2019-20, a domestic company is taxable at 30%. However, the tax rate would be 25% if turnover or gross receipt of the company does not exceed Rs. 250 crore in the previous year 2016-17.
Add:
a) Surcharge:The amount of income-tax shall be increased by a surcharge at the rate of 7% of such tax, where total income exceeds one crore rupees but not exceeding ten crore rupees and at the rate of 12% of such tax, where total income exceeds ten crore rupees. However, the surcharge shall be subject to marginal relief, which shall be as under:
(i) Where income exceeds one crore rupees but not exceeding ten crore rupees, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of one crore rupees by more than the amount of income that exceeds one crore rupees.
(ii) Where income exceeds ten crore rupees, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees.
b) Health and Education Cess:The amount of income-tax and the applicable surcharge, shall be further increased by health and education cess calculated at the rate of four percent of such income-tax and surcharge.
7. Foreign Company
Assessment Year 2018-19 and Assessment Year 2019-20
Nature of IncomeTax Rate
Royalty received from Government or an Indian concern in pursuance of an agreement made with the Indian concern after March 31, 1961, but before April 1, 1976, or fees for rendering technical services in pursuance of an agreement made after February 29, 1964 but before April 1, 1976 and where such agreement has, in either case, been approved by the Central Government50%
Any other income40%
Add:
a) Surcharge: The amount of income-tax shall be increased by a surcharge at the rate of 2% of such tax, where total income exceeds one crore rupees but not exceeding ten crore rupees and at the rate of 5% of such tax, where total income exceeds ten crore rupees. However, the surcharge shall be subject to marginal relief, which shall be as under:
(i) Where income exceeds one crore rupees but not exceeding ten crore rupees, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of one crore rupees by more than the amount of income that exceeds one crore rupees.
(ii) Where income exceeds ten crore rupees, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of ten crore rupees by more than the amount of income that exceeds ten crore rupees.
For Assessment Year 2018-19
b) Education Cess: The amount of income-tax and the applicable surcharge, shall be further increased by education cess calculated at the rate of two per cent of such income-tax and surcharge.
c) Secondary and Higher Education Cess: The amount of income-tax and the applicable surcharge, shall be further increased by secondary and higher education cess calculated at the rate of one per cent of such income-tax and surcharge.
For Assessment Year 2019-20
Health and Education Cess:The amount of income-tax and the applicable surcharge, shall be further increased by health and education cess calculated at the rate of four percent of such income-tax and surcharge.
8. Co-operative Society
Assessment Year 2018-19 and Assessment Year 2019-20
Taxable incomeTax Rate
Up to Rs. 10,00010%
Rs. 10,000 to Rs. 20,00020%
Above Rs. 20,00030%
Add:
a) Surcharge: The amount of income-tax shall be increased by a surcharge at the rate of 12% of such tax, where total income exceeds one crore rupees. However, the surcharge shall be subject to marginal relief (where income exceeds one crore rupees, the total amount payable as income-tax and surcharge shall not exceed total amount payable as income-tax on total income of one crore rupees by more than the amount of income that exceeds one crore rupees).
For Assessment Year 2019-20
b) Education Cess: The amount of income-tax and the applicable surcharge, shall be further increased by education cess calculated at the rate of two per cent of such income-tax and surcharge.
c) Secondary and Higher Education Cess:The amount of income-tax and the applicable surcharge, shall be further increased by secondary and higher education cess calculated at the rate of one per cent of such income-tax and surcharge.
For Assessment Year 2019-20
Health and Education Cess: The amount of income-tax and the applicable surcharge, shall be further increased by health and education cess calculated at the rate of four percent of such income-tax and surcharge.

Saturday, 20 October 2018

Revision of pension of pre-2016 pensioners/family pensioners in implementation of Government's decision on the recommendations of the 7th CPC Concordance tables-regarding Dated 17.10.2018

Revision of pension of pre-2016 pensioners/family pensioners in implementation of Government's decision on the recommendations of the 7th CPC Concordance tables-regarding Dated 17.10.2018

No. 17(1)/2017 (02)/D(Pension/Policy)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare,

New Delhi, dated: 17th October, 2018
To
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Sub: Revision of pension of pre-2016 pensioners/ family pensioners in Implementation of Government's decision on the recommendations of the 7th Central Pay Commission Concordance tables - regarding.

Sir,
The undersigned Is directed to convey that instructions were Issued for revision of pension/family pension with effect from 1.1.2016 in respect of Armed Force pensioners/ family pensioners who retired/ died prior to 1.1.2016 vide this Ministry's letter No. 17(01)/2017(02)/ D(Pension/Policy) dated 5.9.2017. As per the same, revision of pension for pre-2016 Armed Force pensioners/ family pensioners under first formulation, was to be done by notionally fixing their pay in the pay
matrix recommended by the 7th Central Pay Commission in the level corresponding to the pay in the pay scale/ pay band and grade pay at which they retired/died. The notional pay fixation In 7th CPC pay matrix has to be arrived by fixing pay under each Intervening Pay Commission based on the formula for revision of pay. The revised rates of Military Service Pay, Non Practising Allowance, where applicable, and 'X' Group pay & Classification Allowance for JCO/ORs, If applicable, notified in terms of 7th CPC orders, shall also be added to the amount of pay notionally arrived at under the 7th CPC pay matrix and shall be termed as notional reckonable emolument as on 1.1.2016 for determining the revised pension/family pension in terms of para 5 of this Ministry's letter dated 5.9.2017.

2. Based on past Instructions on fixation of pay in various pay commissions, concordance tables for fixation of notional pay for Armed Force personnel who retired/died in various ranks during the 4th, 5th and 6th Pay Commission periods (including 3rd Pay Commission for Sailors only) have been prepared and the same are enclosed herewith. In the case of commissioned officers who retired/ died in harness before 1.1.1986, these concordance tables may be used based on their notional pay as on 1.1.1986, which was fixed in accordance with this Ministry's letter No 1(3)/98fD(Pen/Policy) dated 27.5.1998. Concordance tables for JCO/ORs who discharged/ died in service prior to 1,1.1986 (prior to 1.1.1973 for Sailors), are under preparation and shall be Issued separately.

3. These concordance tables have been prepared to facilitate fixation of notional pay of pre-2016 pensioners/ family pensioners by the concerned Record Offices and attached Pay Account Offices In case of JCO/ORs of the three Services and PCDA(O) Pune/ Naval Pay Office. Mumbai/ AFCAO New Delhi in case of commissioned officers of Army / Navy / Air Force respectively. Due care has been taken to prepare these concordance tables based on the fitment tables for fixation of pay from 3rd to 4th (only for Sailors), 4th to 5th, 5th to 6th and 6th to 7th Pay Commission. in case of any inconsistency in the concordance tables vis-a-vis the relevant rules / instructions, the notional pay and pension / family pension of pre-2016 pensioners / family pensioners may be fixed in accordance with the rules / instructions applicable for fixation of pay in the intervening Pay Commission periods.

4. The pension / family pension of pre-2016 Armed Forces pensioners / family pensioners may be revised using the appropriate concordance table in accordance with the Instructions contained in this Ministry's above quoted letter dated 5.9.2017.

5. This issues with concurrence of Ministry of Defence (Finance/Pension) vide their UO No. Part.file 1 to 30(0l)/2016/Fin/Pen dated 27.09.2018.

6. Hindi version will follow.
Yours faithfully,
(Manoj Sinha)
Under Secretary to the Govt. of India

OROP to the Defence Force Personnel Corrigendum table dated 17.10.2018


OROP to the Defence Force Personnel Corrigendum table dated 17.10.2018

No. 12(1)/2014/D(Pen/Policy)/Pt.II
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
New Delhi, 17th October, 2018
To
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Sub: One Rank One Pension to the Defence Force Personnel.

Sir,
The undersigned is directed to refer to this Ministry's letter No. 12(1)/2014/D(Pen/Policy)-Part-II dated 03.02.2016, appending 101 pension tables indicating rates of pension/family pension under OROP scheme notified vide this Ministry's letter No. 12(1)/2014/D(Pen/Po1)-Part-II dated 07.11.2015.

2. As per Para-3 of GoI, MoD letter No. 12(1)/2014/D(Pen/Pol)-Part-II dated 11.2015, OROP tables had been prepared on the basis of the average of minimum and maximum pension of personnel retired in 2013 in the same rank and with same length of service. However, in preparing the tables of EC/SSC officer (other than medical officers) data of pension of Cdr, (Lt. Col. in Army) was inadvertently taken as pension of Lt. Cdr. (Major in Army). This has affected tables No. 5, 14, 23, 32, 41, 50, 63, 64, 74, 83 and 92. The modified tables are enclosed herewith. Pension of the affected pensioners may be revised according to amended tables. However, if pension revised in these cases according to amended tables w.e.f, 1.7.2014 is less than the pension as on 30.06.2014, the same will not be revised to the disadvantage to the pensioner.

3. Further, in table No. 7, the pension rate of Hony.Nb.Subedar with qualifying service of 13 years has not been protected with reference to the lower rank viz. Havildar of same qualifying service i.e. 13 years. As such following amendment may be carried out in table No. 7 :
Rank  - Hony. Nb. Sub.
Group - X
Qualifying Service - 13 Years
For - 8078
Read - 8136
4. Any arrears/recovery of over payment pension would have to be adjusted by the concerned PDAs as per the extant rules/procedure.

5. All the terms and conditions which are not affected by this order shall remain unchanged.

6. This issue with the concurrence of Finance Division of this Ministry vide their ID No. PC.I. to 10(11)/2012/Fin/Pen dated 14.08.2018.

7. Hindi version will follow.
Yours faithfully,
(Manoj Sinha)
Under Secretary to the Government of India
Source: desw.gov.in

Problems faced by GDS BPMS while operating the RICT machines

Problems faced by GDS BPMS while operating the RICT machines
AIGDSU


Letter No. GDS/CHQ/84/5/2018 

Dated:17.10.2018
To,

Shri A.N Nanda jee,
Secretary,
Department of Posts,
Dak Bhavan,
New Delhi - 1

Sir,

Sub: Problems faced by GDS BPMS while operating the RICT machines-Reg

The department of posts introduced RICT and DARPAN in Branch post offices. The GDS BPMs have to perform all kinds of transactions on RICT machine including B.O. Daily Account. Implementation of RICT must be after complete success of the scheme. Lots of problems are being faced by the staff, mainly because of network issues. At least in future all precautions should be taken before implementation of the said schemes. The GDS BPMs are facing following Problems.
(i) Proper signals are not available during working hours. Due to network problem they are waiting for hours to open the device.
(ii) The device went back to login for every two minutes.
After completion of one transaction, the GDS BPM has to login to continue the work. Due to this type of arrangement, GDS has to spend more time to complete the B.O. task.

You are requested to take appropriate steps to reduce the difficulties mentioned above.

This union also suggests that it is better to provide computers and printers to Branch offices in place of hand devices to work efficiently without interruption.

With regards
Yours Faithfully

(S.S.Mahadevaiah)
General Secretary

GDS-AIGDSU

Friday, 19 October 2018

BOMBAY High Court Judgment dated 15-10-2018 on MACPs

BOMBAY High Court Judgment dated 15-10-2018 on MACPs

ORDER
(a) The impugned judgment and order dated 16th April, 2013 made by the CAT is hereby set aside.

(b) The petitioner is held entitled to receive the benefit of MACP with effect from 1st January, 2006 together with all consequential benefits.

(c) The respondents are directed to work out the benefits of MACP with effect from 1st January, 2006 together with consequential benefits and to pay the same to the petitioner as expeditiously as possible and in any case within a period of three months from today.

(d) If, such benefits/consequential benefits are not paid to the petitioner within three months from today, then the respondents will liable to pay interest thereon @ 6% p.a. from the date such payments became due and payable, till the date of actual payment.

(e) Rule is made absolute in the aforesaid terms. There shall however be no order as to costs.
( M. S. SONAK, J. )
( A. S. OKA, J. )
Source: Confederation

Government to allow data service initially under in-flight connectivity


Government to allow data service initially under in-flight connectivity

The telecom department is considering to allow only data services initially in flights and water vessels within Indian territorial boundaries, an official source said.

Under the proposed in-flight connectivity guidelines, both voice and data services would be provided to passengers on flights and maritime transport within the national boundaries.

"DoT will initially seek application for data services under IFC (in-flight connectivity) guidelines. There are some issues around gateway for voice so that will not start immediately," a Department of Telecom official told PTI.

In-flight connectivity service is available in most of the developed markets.

While mobile phone use will still be restricted during takeoff and landing, the Telecom Commission has approved lifting the ban on the use of mobile phones and internet services at cruising altitudes.

Globally, many airlines are offering wi-fi for passengers, but they have to switch off the facility when they enter Indian airspace.

AirAsia, Air France, British Airways, Egypt Air, Emirates, Air New Zealand, Malaysia Airlines, Qatar Airways and Virgin Atlantic are among 30 airlines that are already allowing mobile phone use on aircraft but not in Indian airspace.

The DoT is likely to approach the Law Ministry next week for the review of these guidelines before notifying them.

PTI

Thursday, 18 October 2018

7th CPC: Travel entitlements of Government employees for the purpose of LTC post Seventh Central Pay Commission


Travel entitlements of Government employees for the purpose of LTC post Seventh Central Pay Commission - clarification reg.

Government-Employees-7thCPC-LTC

No. 31011/8/2017-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-IV Desk
North Block New Delhi.
Dated October 18, 2018
OFFICE MEMORANDUM

Subject: Travel entitlements of Government employees for the purpose of LTC post Seventh Central Pay Commission - clarification reg.

The undersigned is directed to refer to this Department's O.M.of even no. dated 19.09.2017 on the subject noted above, which inter-alia provides that the travel entitlements of  Government servants for the purpose of LTC shall be the same as TA entitlements as notified vide Ministry of Finance's O.M. No. 19030/1/2017-E.lV dated 13.07.2017, except the air travel  entitlement for Level 6 to Level 8 of the Pay Matrix, which is allowed in respect of TA only and not for LTC.

2. It is observed that many Government employees in Level 6 to Level 8 of the Pay Matrix had inadvertently travelled by air on LTC during the intervening period from 13.07.2017  to 19.09.2017 (i.e. post issue of MoF's O.M. dated 13.07.2017 and before the issue of DoPT's  O.M. dated 19.09.2017) under the impression that they were entitled for air travel as per the  revised TA rules. This Department is in receipt of references from the Government employees  and various Ministries/Departments seeking relaxation in respect of such Government  employees in view of the hardships faced by them in settlement of their LTC claims.

3. The matter has been examined in this Department in consultation with Department of Expenditure. In relaxation to this Department's O.M. of even no. dated 19.09.2017, it has been decided to allow the claims of the Government employees in Level 6 to Level 8 of the Pay Matrix, who had travelled by air as per the revised TA rules while availing LTC during 13.07.2017 to 19.09.2017. This shall be subject to the fulfillment of other conditions of air travel on LTC such as booking of air tickets through the authorised modes, fare limit of LTC-80, etc.

4. Hindi version will follow.
(Surya Narayan Jha)
Under Secretary to the Government of India
To
The Secretaries
All Ministries/Departments of Government of India
(As per the standard list)

ELIGIBILITY OF PERMANENTLY DISABLED UNMARRIED SON OF A ECHS BENEFICIARY TO AVAIL ECHS FACILITY


ELIGIBILITY OF PERMANENTLY DISABLED UNMARRIED SON OF A ECHS BENEFICIARY TO AVAIL ECHS FACILITY 

Year of Disability in line of Duty - Eligibility for ECHS Beneficiaries

Tele : 011-25684847
ASCON : 36832
Fax : 011-25684946
Email : diropsechs-mod@nic.in
Central Organisation ECHS
Adjutant General's Branch
HQ of MoD (Army)
Maude Lines
Delhi Cantt - 110 010
26 Sep 2018
B/49701-PR/AG/ECHS/2018
IHQ of MoD (Navy)/Dir ECHS (N) Air HQ (VB)/DPS
All Comd HQs (A/ECHS)
AMA ECHS, Embassy of India, Nepal
Director General of Indian Coast Guard
Director General NCC
Director General SFF
ADG TA/TA-3
All Regional Centres, ECHS

ELIGIBILITY OF PERMANENTLY DISABLED UNMARRIED SON OF A ECHS BENEFICIARY TO AVAIL ECHS FACILITY

1. "The Rights of Persons with Disabilities Bill - 2016" has been revised, which will replace the existing PWD Act - 1995. The permanent disabilities have been increased from existing 7 to 21.
2. In consonance with spirit of Indian Army wherein the year 2018 has been declared "Year of Disability in line of Duty" MoD (DoESW) has approved applicability of PWD Act 2016 wef 18 Sep 2018 vide their ID No 18(77)/2017/WE/D(Res-I) dated 18 Sep 2018 wherein sons suffering from following disabilities :-
(a) Blindness.
(b) Low-vision.
(c) Leprosy Cured persons.
(d) Hearing Impairment (deaf and hard of hearing).
(e) Locomotor Disability.
(f) Dwarfism.
(g) Intellectual Disability.
(h) Mental Illness.
(j) Autism Spectrum Disorder.
(k) Cerebral Palsy.
(l) Muscular Dystrophy.
(m) Chronic Neurological conditions.
(n) Specific Learning Disabilities.
(o) Multiple Sclerosis
(p) Speech and Language Disability
(q) Thalassemia
(r) Hemophilia
(s) Sickle Cell Disease
(t) Multiple Disabilities including deaf, blindness
(u) Acid Attack Victim
(v) Parkinson's Disease
(BS Sisodia)
Col
Dir (Ops & Coord)
for MD ECHS

GDS: Implementation of recommendations of One-Man Committee on issue of Identity cards to the Gramin Dak Sevaks


Issuing of Identity cards to GDS
No.17-31 2016-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)
Dak Bhawan, Sansad Marg,
New Delhi -110001
Dated: 17th October, 2018
Office Memorandum
Sub: Implementation of recommendations of One-Man Committee on issue of Identity cards to the Gramin Dak Sevaks (GDS).

The undersigned is directed to convey the approval of the Competent Authority on recommendations of One-Man Committee on issue of Identity Cards to the Gramin Dak Sevaks (GDS)

2. Keeping in view the above, it has been decided to issue consolidated instructions in suppression of all earlier OMs on the subject of issue of Identity cards to the Gramin Dak Sevaks as under
(i) Identity cards will be issued free of cost to all Gramin Dak Sevaks, who are engaged after due engagement formalities as prescribed in GDS Engagement Rules, as per attached format.
(ii) The size of the Identity card will be standard size as issued by the Department/Government.
(iii) The Divisional Head will be the competent authority for issuing of Identity cards
(iv) An application will be submitted to the Divisional Head on a simple paper along with two passport size photographs for the purpose of issue of Identity cards by the Branch Postmasters/Assistant Branch Postmasters/Dak Sevaks through/duly recommended by Sub Divisional Heads. In case of Dak Sevaks serving in the Head post Offices/MDG the application will be submitted through/duly recommended by the Sr. Postmaster/Postmaster respectively.
(v) A separate register is to be maintained at Divisional Office for issue of Identity cards to GDSs. Records for returned identity cards invariably be maintained at Divisional Office and these returned identity cards will be destroyed in due course under the supervision of Divisional Head.
(vi) A duplicate card can be issued to GDSs, if the card is. lost/stolen/invisible due to carelessness of GDSs by taking a fee of 50/-.
(vii) At the time of Promotion/Discharge/Removal/Dismissal/Death/Transfer (to another Sub Division/Division) of GDSs, card will be returned/surrendered.
(viii) While issuing of identity cards to the GDS, the unique employee identity numbers assigned in CSI will mandatorily be mentioned on the identity cards.
(ix) No identity card shall be issued to substitute engaged on leave vacancy.
3. These above instructions will come into effect from the date of issue of this O.M.

4. Hindi version will follow.
(S.B. Vyavahare)
Assistant Director General (GDS/PCC)

Railways: Planning of various Signaling and Telecommunication modernization works on IR

Railways: Planning of various Signaling and Telecommunication modernization works on IR

(GOVERNMENT OF INDIA)
(MINISTRY OF RAILWAYS)
(RAILWAY BOARD)
******
No.ERB-I/2018/23/43
New Delhi, dated 05.10.2018

ORDER

Ministry of Railways (Railway Board) have decided to constitute a Committee for planning of various Signaling and Telecommunication modernization works on IR. The Committee will consist of the following:-

(i) Shri N. Kashinath, DG(S&T), Railway Board  …………. Chairman
(ii)Ashok Jhunjhunwala, Professor/IIT Chennai …………. Special Invitee
(iii) Shri Sunil Gupta, ED/Mobility(S&T), Railway Board …………Member
(iv) Shri Pradeep M Sikdar, ED/Signal Development, Railway Board  …. Member
(v) Shri Sandeep Mathur, ED/Coordination/Signal/RDSO …………. Member

2. The Terms of Reference of the Committee will be as under:-

"To close pending issues for effective planning and smooth implementation of modernization works of Signaling and Telecommunication system."

3. The tenure of the Committee shall be one year from the date of its constitution.

4. The Headquarters of the Committee will be at New Delhi.

5. Signal Directorate of Railway Boat’ will be the Nodal directorate for functioning of the Therefore, submission of report of the Committee for consideration of Railway Board, implementation of its recommendations and all related issues including Parl. Questions, RTI cases and other formalities with regard to the Committee, shall be dealt with by Signal Directorate of Railway Board.

6. The Chairman and Members of the Committee will draw TA/DA as per extant rules.

7. The Terms and Conditions of engagement of the Special Invitee (Prof. Ashok Jhunjhunwala) will follow.
(Vijay Kumar)
Under Secretary (Estt)-I
Railway Board

Wednesday, 17 October 2018

Government Hikes GPF Interest Rate To 8% For October-December quarter


Government Hikes GPF Interest Rate To 8% For October-December quarter.

The government has increased the rate of interest for General Provident Fund (GPF) and other related schemes by 0.4 percentage points to 8 per cent for the October-December quarter.
The rate is in line with that for Public Provident Fund.

The interest rate on GPF was 7.6 per cent for the July-September quarter of 2018-19.

"… during the year 2018-2019, accumulations at the credit of subscribers to the General Provident Fund and other similar funds shall carry interest at the rate of 8 per cent with effect from October 1, 2018, to December 31, 2018," a Department of Economic Affairs' notification said.

The interest rate would apply on Provident Funds of central government employees, railways and defence forces.

Last month, the government announced that the interest on small savings, including NSC and PPF, will be hiked by up to 0.4 percentage point for the October-December quarter, to align it with rising deposit rates in the banks.

PTI

Appeal to NPS Pensioners - Confederation


Appeal to NPS Pensioners - Confederation
NPS PENSIONERS - YOUR ATTENTION PLEASE

As you are aware Confederation of Central Govt Employees & Workers has been opposing and fighting against the Contributory Pension Scheme (known as NPS) from the very beginning.
At the time of introduction of NPS, it is only Confederation Confederation, All India State Govt Employees Federation and the Left parties which strongly opposed it. Now a situation has developed that more than 50% of the employees in Central Government & State Government services and also in Central / State Public Sectors are NPS employees and even those Federations / Unions / Associations in the Central / State Govt services who were either confused or kept quite or supported Govt decision to introduce NPS in the initial stage are compelled to change their original stand and started raising their voice against NPS.

Confederation of Central Govt Employees & Workers, as an organization spear heading this struggle, is making intensive campaign against NPS and trying to build up a broad united movement of all like-minded organizations, so that a wider and bigger movement is built up no sooner than later, with an ultimate aim of organizing a nationwide indefinite strike to "SCRAP NPS" in future, if Govt is not ready to change their stand.

For effective campaign and also to expose the hollowness of the claim of the Govt and supporters of NPS, the following details of those NPS employees who have already retired from service is required.

(1) Name in full and Designation at the time of retirement:
(2) Name of the office and Department from which retired.
(3) Date of entry in service.
(4) Date of retirement.
(5) Completed years of service.
(6) Basic pay at the time of retirement.
(7) Amount of Insurance Annuity Pension being received now per month.

The information should be authentic.

All are requested to cooperate and furnish the above information before 31-10-2018.
M.KRISHNAN
Secretary General Confederation
Mob & WhatsApp: 09447068125
e-mail: mkrishnan6854@gmail.com
Source: Confederation

Cadre Review of Barrack and Stores Cadre - MoD Orders


Cadre Review of Barrack and Stores Cadre - MoD Orders

Ministry of Defence
D(Works-II)

Subject: Cadre Review of Barrack and Stores Cadre- reg

Reference is invited to MoD letter no. 76002/1St CR/BS Cadre/CSCC/23(l)/2017/D(W-II) dated 15.12.2017 and letter dated 10.05.2018.

2. During Inter Ministerial consultation regarding the Post of Joint DG (Resources), DoPT have noted some procedural and other discrepancies and stated as under
(i) The proposal of BS Cadre does not specifically mention the cadre as organised Group 'A' Cadre. However, the proposal has been finalized in a manner that it contains attributes of organised Group 'A' service such as DR element at JTS to the extent of 50%, all standard grade of Group 'A' Service upto SAG, making all the posts above JTS promotional, provision of 30% NFSG and mention of NFU, As such, the proposal tantamount to formation of an Organised Group 'A' service.

(ii) As per procedural requirements, for formation of a Service as Group 'A' Cadre/Group 'A' Service/Organised ' Service, the cadre review guidelines issued by the DoPT on 14/12/2010 are applicable. Proposals for formation of a Service as Group 'A' Cadre/Group 'A' Service/Organised Services are to be placed. before the Cadre Review Committee (CRC) headed by Cabinet Secretary with Secretary (Personnel), Secretary (Expenditure), Secretary (Administrative Department) and the Senior Most Member of the service concerned as Members. Based on the recommendations of CRC, approval of MoS (PP) and Finance Minister is obtained and subsequently the proposal is submitted for approval of the cabinet. The above, procedure has not been completed in the Cadre Review of Barracks and Store Cadre and the sanction letter has been issued only on the basis of approval of Deptt. of Expenditure.

(iii) The Cadre Review for Barrack and Stores cadre may also have serious implication on. the concept of organized Group 'A' Service/ Group 'A' Service/ NFU/NFSG etc. and various court cases on the matter of organized status/NFU/extension of 30% NFSG etc.

(iv) Accordingly, MoD's letter dated 15/ 12/2017 needs to be immediately withdrawal/kept on hold wrt Group 'A' cadre till the approval of the competent authority (i.e Cabinet) on the Cadre Review/formation of Group 'A' Cadre/Group 'A' service/organized status. The procedure as per Cadre Review guidelines issued by the DoPT on 14/12/2010 needs to be followed and proposal submitted to DoPT along with all necessary details. However, if it is intended to retain the cadre as Group 'B'/Group 'C' and not as Group 'A', the proposal may be revisited accordingly in consultation with DoE and while revisiting the provisions of DR element at JTS, 30% NFSG, NFU etc. which are characteristic/attributes of organized Group 'A' service may be withdrawn.
3. E-in-C's Branch is requested to review the Cadre Review proposal and resubmit the file in the light of DoPT instructions whether they intend to retain the cadre as Group 'B'/ Group 'C' or intend to create an Organised Group 'A' service. Based on the inputs, the proposal will be resubmitted to DoE if it is decided to retain the Cadre as Group 'B'/Group 'C' or will be taken up with DoPT as per the guidelines if the intention is to create an Organised Gr 'A' Service.

4. Further, E-in-C's Branch is requested to keep the Pay and Allowances of Barrack and Stores Cadre (BSO and above) in abeyance in light of the DoPT instructions till finalization of the case and in case pay fixation of the posts (BSO and above) have been carried out immediate steps may be taken to withdraw the same.

5. This issues with the approval of competent authority.
sd/-
(Vishnu Dutta Jha)
Under Secretary to the Government of India
Source: http://mes.gov.in

PL Bonus 2017-18 - Civilian Employees of Defence Production Establishments - Ordnance Factory, DGQA, DGAQA


PL Bonus 2017-18 - Civilian Employees of Defence Production Establishments - Ordnance Factory, DGQA, DGAQA

BONUS 2018


No.10(1)/2018-D(Estt/NG)
Government of India,
Ministry of Defence,
(Deptt. of Defence Production)
New Delhi
Dated: the 15th Oct, 2018.
To

The Chairman.
Ordnance Factory Board,
10A, S, K. Bose Road,
Kolkata-700001.

The Controller General of Defence Accounts,
New Delhi;

The Director General of Quality Assurance,
New Delhi;

The Director General of Aeronautical Quality Assurance,
New Delhi;

Subject: Payment of Productivity Linked Bonus to Civilian Employees of Defence Production Establishments for the year 2017-18.

Madam Sir,
I am directed to refer to this Ministry's letter No.48(4)/98/D(B&C) dated 27 July, 2000 on the above subject and to convey the sanction of the President to payment of Productivity Linked Bonus for the year 2017-18 equivalent to 40 days wages to the eligible employees in Defence Production Establishments as mentioned therein with an overall ceiling of wages of Rs.7000/- per month. PLB is to be calculated taking average number of days per month as 30.4 days.
02. The casual labour who has worked for at least 240 days, in each year, for 03 years or more, will be eligible for this PLB payment. The amount will be paid on a notional monthly wages or Rs.1200/-. In case where the actual emoluments fall below Rs.1200/- per month, the amount will be calculated on actual monthly emoluments. All payments under these orders will be rounded off to the nearest rupee.

03.The above sanction is subject to the following condition:-

(a) OFB will submit a monthly status report on the progress achieved to review the formula for calculation of PLB which otherwise would have been reviewed after three years from implementation ie from the accounting year 1999-2000.

(b) GMs of each of the respective factories should submit the Certificate regarding standard man-hour for jobs whenever there is a change in production processes or when new labour saving machines are introduced, incorporating the following details :-
(i) Standard Man Hours before the installation of CNC Machines.
(ii) Standard Man Hours after the installation of CNC Machines.
(iii) Difference between the above two leading to savings in Standard Man Hours.
In the event of more than one CNC Machine being installed on two different occasions each time figures are to be updated for additional subsequent addition of CNC Machine.

04. The expenditure will be debited to Major Head 2079 of the Defence Service Estimates (Ordnance Factories) and to the respective Heads to which the pay and allowances of employees of allied establishment: are debited.

05. This issues with the concurrence of Ministry of Finance and MoD (Finance Division) vide their Dy. No. 361 dated 15/10/2018.
Sd/-
(SANJAY RAWAT)
Under Secretary
Ministry of Defence
New Delhi
Source: http://pcafys.nic.in

ECHS: PRIOR SANCTION FOR TREATMENT IN NON EMP HOSPITAL


ECHS: PRIOR SANCTION FOR TREATMENT IN NON EMP HOSPITAL

Tele: 25682870
Mil: 36833
Central Organisation, ECHS
Adjutant General’s Branch
Integrated Headquarters
Ministry of Defence (Army)
Maude Lines
Delhi Cantt-110010
B/49770/AG/ECHS
05 Oct 18
All Regional Centres
PRIOR SANCTION FOR TREATMENT IN NON EMP HOSP
1 Ref Para 18(a) of SOP on treatment Management in ECHS.

2. All prior sanctions for treatment in Non Empanelled Hospitals will be accorded by Dir RC except in the following cases:-

(a) Major cardiac surgery/ interventional cardiology.
(b) Oncology
(c) Organ transplant cases.
(d) Joint Replacement cases.
(e) Major Neurosurgical / Neurology cases.
(f) Bariatric surgery cases.
3. Format of prior sanction by Dir RC ECHS will be same as is being followed by CO ECHS.

4 Bills will be reimbursed at CGHS Rates only. No representation will be accepted for full reimbursement in such cases.

5. No TA is admissible in such cases.

6. Cases already received and dispatched by 10 Oct 18 will be processed by Central Org ECHS Org ECHS.
sd/-
(Ravi Pal Kapoor)
Lt Col
Jt Dir (Med)
for MD ECHS
Source: https://echs.gov.in

Tuesday, 16 October 2018

EPFO: 60 days Productivity Linked Bonus for the year 2017-18

EPFO: 60 days Productivity Linked Bonus for the year 2017-18

Through Web Circulation Only
Employees' Provident Fund Organisation
(Ministry of Labour & Employment, Govt. Of India)
Head Office
Bhavishya Nidhi Bhawan,14-Bhikaiji Cama Place, New Delhi-1 10066

No. WSU/25(1)/2017-18/PLB/13218
Date: 15.10.2018
All Addl. CPFC (HQ/Zones),
Addl. CPFC (ASD), Head Office
Director (PDUNASS) and
All Regional P.F. Commissioners-Incharge of
Regional Offices.

Sub: Declaration of Productivity Linked Bonus (P.L.B.) for the employees of the EPFO for the year 2017-2018.

Madam/Sir,

The Central Government has conveyed its approval to the existing Productivity Linked Bonus Scheme for the year 2017-2018 for the employees of EPFO vide MoL&E letter No A-26022/1/94-SS.1 (Pt) dated 12th October, 2018.

2. Accordingly, the competent authority is pleased to convey the approval for payment of the Productivity Linked Bonus for the year 2917-2018 for 60 (Sixty) days in all the offices of EPFO. The bonus of 60 days has been assessed on the basis of data/information submitted by the Zonal Offices in compliance to Head Office letter dated 25.09.2018. The payment of bonus is to be released to all Group 'C' and Group 'B' (Non-Gazetted) employees of EPFO.

3. The terms and conditions governing payment of P.L.B. will be as per the instructions issued by the Ministry of Finance O.M. No. 7/24/2007/E.III(A) dated 08.10.2018 for payment of the bonus to the employees in Central Government departments from time to time. However, the quantum of bonus may be assessed as per the following formula, as given in above letter:-


= (AVERAGE EMOLUMENTS) x (NUMBER OF DAYS OF BONUS)
-------------------------------------------------------------------------------------------
30.4*
(*Average number of days in a month)


4. The expenditure incurred for payment of bonus may be debited from the budget head-
"Productivity Linked Bonus."

(This issues with the approval of Central P.F. Commissioner).
Yours faithfully,
(Jag Mohan)
Addl. CPFC (HQ)-Finance
EPFO: 60 days Productivity Linked Bonus for the year 2017-18

Source: www.epfindia.gov.in

DoPT: Official dealings between the Administration and Members of Parliament and State legislatures - Observance of proper procedure

DoPT: Official dealings between the Administration and Members of Parliament and State legislatures - Observance of proper procedure

F.No. 11013/4/2018-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment Division
North Block, New Delhi
Dated 11 October, 2018
OFFICE MEMORANDUM

Subject: Official dealings between the Administration and Members of Parliament and State legislatures - Observance of proper procedure.

The undersigned is directed to refer to this Department’s Office Memorandum No. 11013/4/2011-Estt.(A) dated 1st December 2011 subsequently reiterated vide D.O. letter dated the October 9, 2012 from Secretary (Personnel), O.M. No. 11013/2/2012-Estt.A. dated 19.11.2014 and O.M. of even No. dated 7.02.2018 (copies enclosed) on the subject mentioned above and to reiterate these instructions for strict compliance on the recommendations of the Committee of Privileges, Lok Sabha in its Sixth Report tabled in the Lok Sabha on 20.12.2017 and Committee on Violation of Protocol Norms and Contemptuous Behaviour of Government Officers with Members of Lok Sabha in its Fourth and Fifth Report tabled in the Lok Sabha on 01.08.2018.

2. All Ministries/ Departments are requested to ensure that instructions issued through aforementioned communications are followed by all officials concerned, both in letter and spirit. Violation of these guidelines will be viewed seriously.

3. Chief Secretaries of all States/ UTs are requested circulate these instructions to all State Government officials at the State/ Division and District levels and sensitize them with regard to their duties and obligations in so far as the movement of Members of Parliament in general and more particularly during Parliament sessions. It is also requested to periodically review implementation of these instructions.

4. Hindi version will follow.
(Nitin Gupta)
Under Secretary to the Government of India
Tel: 011-23040264
Source: DoPT

A Victim of Child Sexual Abuse can file a complaint at any time irrespective of his/her present age: WCD Ministry

 Ministry of Women and Child Development

A Victim of Child Sexual Abuse can file a complaint at any time irrespective of his/her present age: WCD Ministry
16 OCT 2018

The Ministry of Women and Child Development had recently consulted Ministry of Law in view of the overriding provisions of the Protection of Children from Sexual Offences (POCSO) Act over other criminal laws and provisions of mandatory reporting of such offences. The Ministry of Law after examining the provisions of POCSO Act vis-a-vis provisions of CrPC has advised that there appears no period of limitation mentioned in Section 19 in regard to reporting of the offences under the POCSO Act, 2012. The POCSO Act does not provide for any period of limitation for reporting the child sexual offences. On receipt of the opinion of Ministry of Law, Smt. Maneka Sanjay Gandhi, Minister of WCD stated that "Now any victim, at any age, can complain the sexual abuse faced by him/her as a child". She urged the victims to report the cases through POCSO e-Box.

Often, children are unable to report such crimes as the perpetrator in most cases is either a family member, a relative or closely known person. Studies have also shown that the child continues to carry the trauma of sexual abuse till very late in life.In order to overcome this trauma many grown up people have started coming out to report the abuse faced by them as children.

The Protection of Children from Sexual Offences Act (POCSO), Act 2012, came into force on 14.11.2012. It is a gender neutral Act which has been enacted to strengthen the legal provisions for the protection of children from sexual abuse and exploitation.

The Protection of Children from Sexual Offences Act, 2012 defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography.

PIB

Monday, 15 October 2018

Productivity Linked Bonus for the Accounting year 2017-18

Productivity Linked Bonus for the Accounting year 2017-18.

F.No.26-1/2018-PAP
Government of India
Ministry of Communications
Department of Posts
(Establishment Division)
P.A.P Section
Dak Bhawan, Sansad Marg
New Delhi - 110 001
Dated: 15th October, 2018
To
1. All Chief Postmasters General
2. All Postmasters General
3. Sr. Deputy Director General (PAF), Department of posts
4. All General Managers (Finance)
5. Directors/Deputy Directors of Accounts (Postal)
6. Director, RAKNPA/Directors of All PTCs

Sub: Productivity Linked Bonus for the Accounting year 2017-18.

The undersigned is directed to convey the sanction of the president of lndia to the payment of Productivity Linked Bonus for the Accounting year 2017-18 equivalent of emoluments of 60 (Sixty)Days to the employees of Department of Posts in MTS, /Group 'C' and non-gazetted Group 'B'. Ex-gratia payment of bonus to Gramin Dak Sevaks who are regularly appointed after observing all appointment formalities, and Ad-hoc payment of bonus to Casual laborers who have been conferred Temporary Status are also to be paid equivalent to allowance/wages respectively for 60 (Sixty) Days for the same period

1.1 The calculation for the purpose of payment of bonus under each category will be done as indicated below:-

2. REGULAR EMPLOYEES:

2.1 Productivity Linked Bonus will be calculated on the basis of the following formula:-
Average emoluments X Number of days of bonus
-------------------------------------------------------------------
30.4 (average no. of days in a month)

2.2 The terms "emoluments" for regular Departmental employees includes Basic Pay in the Pay Band plus Grade Pay, Dearness Pay, Personal pay, Special pay (Allowances), S. B Allowance, Deputation (Duty) Allowance, Dearness Allowance and Training Allowance to Faculty members in Training Institutes. In case of drawal of salary exceeding Rs.7000/- (Rupees Seven Thousand only) in any month during the accounting year 2017-18, the emoluments shall be restricted to Rs.7000/-  (Rupees Seven Thousand only) per month only.

3.5 In case of those Gramin Dak Sevaks who were under put off, or on whom dies-non was imposed, or both during the accounting year, the clarificatory orders issued vide Paras 1 & 3 respectively of this office order No 26-08/80-PAP (Pt-l)dated 11.6.1981 and No. 26-04/87-PAP(P.II) dated 8.2.1988 will apply.

4. FULL TIME CASUAL LABOURERS INCLUDING TEMPORARY STATUS CASUAL LABOURERS.)

4.1 Full Time casual Laborers (including Temporary status casual Laborers who have worked for 8 hours a day, for at least 240 days in a year for three consecutive years or more (206 days in each year for three years or more in case of offices observing 5 days a week) as on 31 03.2018) will be paid ad-hoc bonus on notional monthly wages of Rs 1200/. (Rupees Twelve hundred only) The maximum ad-hoc bonus will be calculated as below:

(Notional monthly wages of Rs.1200) X (Number of days of bonus)
------------------------------------------------------------------------------------------
30.4 (average no. of days in a month)
Accordingly, the rate of bonus per day will be worked out as indicated below:
Maximum ad-hoc bonus for the year
-----------------------------------------------------
365
The above rate of bonus per day may be applied to the number of days for which the services of such casual laborers had been utilized during the period from 1.4.2017-31 .03.2018. In cases where the actual wages in any month fall below Rs.12001 during the period 14.2017 to 31 3.2018, the actual monthly wages drawn should be taken into account to arrive at the actual ad-hoc bonus due in such cases.

5. The amount of Productivity Linked Bonus/ex-gratia payment/Ad-hoc bonus payable under this order will be rounded off to the nearest rupee. The payment of Productivity Linked Bonus as well as the ex-gratia payment and ad-hoc payment will be chargeable to the Head "salaries" under the relevant Sub-Head of account to which pay and allowances of the staff are debited The payment will be met from the sanctioned grant for the year 2018-19.

6. After payment, the total expenditure incurred and the number of employees paid may be aicertained from all the units by Circles and consolidated figures be intimated to the Budget Section of the Department of Posts The Budget Section will furnish consolidated information to PAP Section about the total amount of bonus paid and the total number employees (category-wise) to whom it was disbursed for the Department as a whole.

2.3 "Average Emoluments" for a regular employee is arrived at by dividing by twelve, the total salary drawn during the year 2017-18 for the period from 1.4.2017 to 31.03.20.18, by restricting each month's salary to Rs. 7000/- per month. However, for the periods of EOL and Dies-Non in a given month, Proportionate deduction is required to be made from the ceiling limit of Rs 7000/-

2.4 In case of those employees who were under suspension, or on whom dies-non was imposed or both, during the accounting year, the clarificatory orders issued vide Paras 1 & 3 respectively of this officer order No 26-8/80-PAP (Pt.l) dated 11.6.1981 and No. 26-4/87-PAP(Pt.II) dated 8.2 1988 will apply.

2.5 Those employees who have resigned/retired or left services or proceeded on deputation within tire Department of Posts or those who have proceeded on deputation outside the Department of Posts after 31 .03 2018 will also be entitled to bonus. In case of all such employees, the Productivity Linked Bonus admissible will be as per provisions of Paras 2.1 to 2 3 above

3. GRAMIN DAK SEVAKS (GDS)

3.1 In respect of GDS employees who were on duty throughout the year during 2017-18, Average Monthly Time Related continuity Allowance will be calculated taking into account the Time Related Continuity Allowance (TRCA) plus corresponding Dearness Allowance drawn by them for the period from 1.4.2017 to 31.3.2018 divided by 12. However, where the Time Related Continuity Allowance
exceeds Rs. 7000/- in any month during this period, the allowance will be restricted to Rs.7000/- per month Ex-gratia payment of bonus may be calculated by applying the bonus formula as mentioned below:

Average TRCA X Number of days of bonus
-----------------------------------------------------------
30.4 (average no. of days in a month)
3.2 The allowance drawn by a Substitute will not be counted towards bonus calculation for either the Substitutes or the incumbent GDSs. In respect of those GDS who were appointed in short term vacancies in Postmen/MTS Cadre, the clarificatory orders issued vide Directorate letter No 26-6/89-PAP dated 6.2.1990 and No. 26-7/90-PAP dated 4.7.1991 will apply.

3.3 If a GDS has been on duty for a part of the year by way of a fresh appointment, or for having been put off duty, or for having left service, he will be paid proportionate ex-gratia bonus calculated by  applying the procedure prescribed in Para 3.1 above.

3.4 Those Gramin Dak Sevaks who have resigned discharged or left service after 01.04.2018 will also be entitled to proportionate ex-gratia Bonus. In case of all such Gramin Dak Sevaks, the Ex-gratia Bonus admissible will be as per provisions of Para 3.1 above.

7. This has the approval of Hon'ble Finance Minister vide Ministry of Finance, Department of Expenditure's ID No. 942259/E.III(A)/2018 dated 12.10.2018 and issue with the concurrence of AS & FA vide Diary No 100/FA-2018/CS dated 15.10.2018.

8. Receipt of this letter may be acknowledged.
(D.K. Tripathi)
Assistant Director General (Estt.)

Productivity Linked Bonus for the Accounting year 2017-18




Rate of DA applicable from 01.07.2018 to Railway employees 6th CPC

Rate of DA applicable from 01.07.2018 to Railway employees 6th CPC

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
S.No. PC-VI/390
No. PC-VI/2008/1/7/2/1
The GMs/CAO(R),
All Zonal Railways & Production Units,
(as per mailing list)
RBE No.152/2018
New Delhi, dated 8.10.2018

Sub: Rate of Dearness Allowance applicable w.e.f. from 01.07.2018 to Railway employees continuing to draw their pay in the pre-revised pay scale/ grade pay as per 6th Central Pay Commission.

Please refer to this Ministry’s letter of even number dated 12.4.2018 (S.No. PC­VI/385, RBE No.58/2018) revising the rates of Dearness Allowance w.e.f. 01.01.2018 in respect of railway employees continuing to draw their pay in the pre-revised pay scale/ grade pay as per 6th Central Pay Commission.

2. The rate of DA admissible to railway employees of above category shall be enhanced from the existing rate of 142% to 148% w.e.f 01.07.2018.

3. The provisions contained in Paras 3,4 & 5 of this Ministry’s letter of even number dated 09.09.2008 (S.No. PC-VI/3, RBE No.106/2008) shall continue to be applicable while regulating Dearness Allowance under these orders.

4. This issues with the concurrence of the Finance Directorate of the Ministry of (Authority- MoF' s OM No.1/3/2008-E.II(B)dated 11.9.2018).
(U.K.Tiwari)
Dy. Director, Pay Commission-VI
Railway Board

Productivity Linked Bonus for the Indian Navy for the year 2017-2018


Productivity Linked Bonus for the Indian Navy for the year 2017-2018

40 days Bonus to Civilian of Indian Navy for 2017-18
Productivity Linked Bonus for the Indian Navy for the year 2017-2018
No.20(3)/2018/D(JCM)
GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
New Delhi, the 10.10.2018
To
The Chief of the Navy Staff,
New Delhi.

Subject : Productivity Linked Bonus for the Indian Navy for the year 2017-2018.

Sir,
I am directed to refer to the Productivity Linked Bonus Scheme already circulated vide this Ministry’s letter No. F.24(6)/80/D(JCM), dated 28th September, 1983, as amended from time to time, and to convey the sanction of the President to the payment of 40 days (Forty days) wages in cash as PLB for the year 2017-2018 to the eligible civilian employees of the Indian Navy.

2. The entitlement has been worked out on the basis of the working results for the year 2017-2018 in accordance with the agreed formula.

3. The PLB will be paid to all eligible Gp. 'B' (Non-Gazetted), Gp. 'C' & Gp. 'D' civilian employees of ADC who are covered under PLB Scheme for the accounting year 2017-2018. The calculation ceiling of Rs.7000/-(7000×40/30.4) and other terms and conditions of the. PLB Scheme will remain unchanged.

4. Productivity Linked Bonus to the casual labourer will be paid at the assumed wages of Rs.1200/- p.m. (1200×40/30.4) for the accounting year 2017-2018. However, in cases where the actual wages fall below Rs.1200/- pm, the amount will be calculated on the actual monthly wages. The other conditions remain unchanged.

5. The expenditure on this account will be debitable to Defence Services Estimates under respective Heads to which the pay and allowances of these employees are debited. The entire expenditure on the payment of PLB is to be met out of the sanctioned budget grant for the year 2018-2019, without any additionality.

6. This issues with the concurrence of the Ministry of Finance [Department of Expenditure] vide their ID No 922249/E.III(A)dated 04/10/2018 and Defence (Finance /AG/PB) vide their Dy. No. 155/AG/PB dated 10.10.2018.
Yours faithfully
sd/-
(Amitava Saha)
Under Secretary to the Government of India
Source: https://mod.gov.in/

Productivity Linked Bonus for eligible industrial civilian employees of the Indian Air Force for the year 2017-2018


Productivity Linked Bonus for eligible industrial civilian employees of the Indian Air Force for the year 2017-2018
indian-airforce-bonus

PLB for Indian Air Force for the year 2017-2018

No.20(5)/2018/D(JCM)
Government of India
Department of Defence
Ministry of Defence
New Delhi, dated the 10/10/2018.
To
The Chief of the Air Staff,
New Delhi.

Subject: Productivity Linked Bonus for eligible industrial civilian employees of the Indian Air Force for the year 2017-2018.

Sir,
I am directed to refer to the Productivity Linked Bonus Scheme already circulated vide this Ministry's letter No.F.24(10)/80/D(JCM), dated 2nd November, 1983 as amended from time to time, and to convey the sanction of President to the payment of 40 days (Forty days) wages in cash as PLB for the year 2017-2018 to the eligible civilian employees of the Indian Air Force.

2. The entitlement has been worked out on the basis of the working results for the year 2017-2018 in accordance with the agreed formula.

3. The PLB will be paid to all eligible Gp.'B'(Non-Gazetted), Gp.'C' and Gp.'D' civilian employees of Indian Air Force who are covered under PLB Scheme for the accounting year 2017-2018. The calculation ceiling of Rs.7000/-(7000x40/30.4) and other terms and conditions of the PLB Scheme will remain unchanged.

4. Productivity Linked Bonus to the casual labourer will be paid at the assumed wages of Rs.1200/- p.m.(1200x40/30.4) for the accounting year 2017-2013. However, in cases where the actual wages fall below Rs.1200/- pm, the amount be calculated on the actual monthly wages. The other conditions remain unchanged.

5. The expenditure on this account will be debitable to Defence Services Estimates under respective Heads to which the pay and allowances of these employees are debited. The entire expenditure on the payment of PLB is to be met out of the sanctioned budget grant for the year 2018-2019, without any additionality.

6. This issues with the concurrence of the Ministry of Finance (Deptt. of Expenditure) vide their ID No. 937036/E.III/A/12018 dated 08.10.2018 and MoD (Finance/AG/PB) vide their Dy No. 137/2018/AG/PB/2018 dated 08.10.2018.
Yours faithfully,
Sd/-
(Amitava Saha)
Under Secretary to the Govt. of India
Source: mod.gov.in

Friday, 12 October 2018

Admissibility of SPORTS (Society for Promotion of Nature Tourism and Sports) tour package to Lakshadweep Islands on ships operated by Lakshadweep Administration on LTC


Admissibility of SPORTS (Society for Promotion of Nature Tourism and Sports) tour package to Lakshadweep Islands on ships operated by Lakshadweep Administration on LTC

No. 31011/10/2017-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-lV Desk
North Block, New Delhi.
Dated October 11 2018
OFFICE MEMORANDUM

Subject: Admissibility of SPORTS (Society for Promotion of Nature Tourism and Sports) tour package to Lakshadweep Islands on ships operated by Lakshadweep Administration on LTC.

The undersigned is directed to say that this Department is in receipt of references seeking clarification regarding the admissibility of journey performed by ships booked through SPORTS (Society for Promotion of Nature Tourism and Sports), Lakshadweep, for the purpose of journeys performed on LTC.

2. The matter has been considered in this Department in consultation with Department of Expenditure and UT of Lakshadweep. It has been decided that the tour pacakages conducted by SPORTS to Lakshadweep Islands on the ships owned and operated by Lakshadweep Administration shall be allowed for the purpose of LTC journey subject to the following conditions:
(i) SPORTS is offering various tour packages to the tourists, fare of which is charged as per the transportation and accommodation chosen for the destination. Only transportation charges shall be reimbursable for the respective tour package.
(ii) SPORTS shall issue a certificate for transportation charges to the Government servants indicating the fare components separately and certify that the journey was actually performed by the Government servant and his family members for which he/she is claiming the Leave Travel Concession.
(iii) Fare reimbursement for the journey performed by boat/ship shall be exercised in accordance with TA entitlement of the Government servant for journey by sea or river steamer.

3. These instructions shall take effect from the date of issue of this O.M. The LTC claims already settled will not be re-opened.

4. In their application to the staff serving in the Indian Audit and Accounts Department, this order issues with the approval of Comptroller & Auditor General of India.

5. Hindi version will follow.
(Surya Narayan Jha)
Under Secretary to the Government of India
To
The Secretaries
All Ministries/Departments of Government of India
(As per the standard list)

Source: DoPT

Flash News

2% Dearness Allowance to Central Government employees & Pensioners

2% Dearness Allowance 2% Dearness Allowance to Central Government employees & Pensioners Cabinet approves two percent Dearness...