Thursday, 2 May 2019

Granting of GP Rs. 5400 in PB -2 (Level 9 in Pay Matrix) on completion of four years of service in the GP Rs. 4800 (Level 8 in Pay Matrix) to ASPs on non functional basis


Granting of GP Rs. 5400 in PB -2 (Level 9 in Pay Matrix) on completion of four years of service in the GP Rs. 4800 (Level 8 in Pay Matrix) to ASPs on non functional basis. 

No. 4-1/2019-PCC
Government of India
Ministry of Communications
Department of Posts
Dak Bhawan, Sansad Marg
New Delhi - 110001
Date : 22.04.2019
To
Shri Arup Kumar Seal,
General Secretary,
All India Association of Inspectors and Asstt. Supdt. Posts,
Qtr. No. 12, P&T Colony, Khurshid Square,
Civil Lines, Delhi -110054.

Sub : Granting of GP Rs. 5400 in PB -2 (Level 9 in Pay Matrix) on completion of four years of service in the GP Rs. 4800 (Level 8 in Pay Matrix) to ASPs on non functional basis.
 
Sir,
I am directed to refer to your letter No.SG/AIAIASP/03/2018 on the above mentioned subject and to inform that the issue of granting NFSG in pre­ revised GP Rs. 5400/- in PB-2 corresponding to Level 9 to Asstt. Superintendent Posts on completion of four years of service in the pre-revised GP Rs. 4800/- (Level 8 in Pay Matrix) has been examined with following observations:-

i. The NFSG Scale is given to AAOs in P&T Accounts vide MoF OM No. 25-2/2017- IC/E.III (A) dated 18.06.2018 as per recommendations of 7th CPC in Para 11.12.140 of the report whereas there is no such recommendation for ASP cadre. Moreover, AAOs in P&T Accounts are having all India Transfer Liability and on contrast, the ASP is a Circle level cadre. Further, ASPs are enjoying Rule 38 transfer from one Circle to other whereas there is no such provision for AAOs. As such, the plea for granting NSFG to ASP cadre in line of AAO cadre as mentioned in the representation is not tenable.

ii. There is different time span in promoting IPs to ASPs in Circles as ASP is a Circle level cadre. In some Circles IPs get promotion in ASPs cadre immediately after completion of minimum qualifying years of service in IP cadre viz 3 years (now 5 years) whereas in some Circles IPs are waiting their hierarchical promotion in ASP cadre even after regular service of 10-13 years in the cadre. The NSFG Scale would not only make a huge disparity in pay among ASPs who are originally entered in IP cadre on the basis of same examination and are borne on the same IP gradation list.

Therefore, the proposal to grant NSFG to Asstt. Superintendent Posts on completion of four years of service cannot be recommended.
Yours sincerely,
sd/-
(SB Vyavahare)
Asstt.Director General (GDS/PCC)
Source: NFPE
Pay Matrix-asp-grade-pay-as-per-7th-cpc-deptt-of-posts-order


DoPT: Framing of the Recruitment Rules for the post of Physiotherapist in the Lal Bahadhur Shastri National Academy of Administration, Mussoorie


DoPT: Framing of the Recruitment Rules for the post of Physiotherapist in the Lal Bahadhur Shastri National Academy of Administration, Mussoorie
 
No. T-21011/2/2019-Acad Desk
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Training Division
Old JNU Campus, Block IV,
New Mehrauli Road, New Delhi-110067
02 May, 2019
Office Memorandum

Subject: Framing of the Recruitment Rules for the post of Physiotherapist in the Lal Bahadhur Shastri National Academy of Administration, Mussoorie - Regarding. 

The undersigned is directed to upload the draft recruitment rules for the post of Physiotherapist in the La! Bahadhur Shastri National Academy of Administration, Mussoorie and to request for comments, if any, from all the stakeholders on the draft RRs. The comments may kindly be on e-mail id: 'meena.shiv@nic.in' latest by 02.06.20 19.

End: As above.
(Anita Bilung)
Under Secretary to the Government of India
Telephone: 011-26166856
To
All concerned Stakeholders

Copy to: NIC, Training Division with the request to upload the above OM alongwith draft RRs for the post of Physiotherapist in LBSNAA, Mussoorie.

[To be published in the Gazette of India, Part II, Section 3, Sub-section (i)]

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Training Division

Notification
New Delhi, the 2019
G.S.R… - In exercise of the powers conferred by the proviso to article 309 of the Constitution the President hereby makes the following rules regulating the method of recruitment to the post of Physiotherapist (Group B) in the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Lal Bahadur Shastri National Academy of Administration, Mussoorie , namely:-

Short title and commencement- (1) These rules may be called the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Lal Bahadur Shastri National Academy of Administration, Mussoorie Physiotherapist, Group B post, Recruitment Rules, 2019.
(2) They shall come into force on the date of their publication in the Official Gazette.
  1. Number of post, classification and level in pay matrix.- The number of the post, its classification and level in pay matrix attached thereto shall be as specified in columns (2) to (4) of the Schedule annexed to these rules.
  2. Method of recruitment, age-limit, qualifications, etc.- The method of recruitment, agelimit, qualifications and other matters relating thereto shall be as specified in columns (5) to (13) of the said Schedule.
  3. Disqualifications.- No person,-
  • who has entered into or contracted a marriage with a person having a spouse living, or
  • who having a spouse living, has entered into or contracted a marriage with any person,
shall be eligible for appointment to the said post:
Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.

Power to relax. - Where the Central Government is of the opinion that it is necessary or expedient so to do, for reasons to be recorded in writing, and in consultation with Union Public Service Commission, relax any of the provisions of these rules with respect to any class or category of persons.

Saving.- Nothing in these rules shall affect reservation, relaxation of age-limit, and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, the exServicemen and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

Check the Schedule here

Grant of Notional Increment on completion of 12 Months of Service on of July of a Calendar Year (After Retirement) for the purpose of Pension to Government employees

Grant of Notional Increment on completion of 12 Months of Service on of July of a Calendar Year (After Retirement) for the purpose of Pension to Govt. employees. Dealing with the Pending/ Under Consideration Cases.
Government of Haryana
Finance Department
No.6/ 183/2018-4PR (FD),
From
The Additional Chief Secretary to Government Haryana Finance Department.
To
  1. All of the Administrative Secretaries in Haryana Stale.
  2. All of the Heads or Departments in Haryana State.
  3. All or the Divisional Commissioners in Haryana State.
  4. All of the Deputy Commissioners in Haryana State
  5. All of the SDOs (Civil) in Haryana State.
Date Chandigarh the, 03.04.2019

Subject: Grant of Notional Increment on completion of 12 Months of Service on of July of a Calendar Year (After Retirement) for the purpose of Pension to Govt. employees. Dealing with the Pending/ Under Consideration Cases.

Sir,
have been directed to refer to the subject cited above and to state that the Hon’bIe Madras High Court vide its judgment dated 15.9.2017 in CWP No. 15732 of 2017-P. Ayyamperumal Vs. Union of India had allowed an Annual Increment on notional basis for the purpose Of pensionary benefits to the petitioner on I .7.2013 who had otherwise retired on 30.52013. The rationale of the judgment was that the Increment has to be granted On completion On full year or service and s:nce the employee concerned had retired on 30.69013 after the fun length of service of one year from 1 .7.2012 to 30.6.2013 he was allowed the Annual Increment as on 1.7.2013 on notional basis for the oi pensionary benefit*. This judgment was later on upheld in the Hon’ble Supreme Court in SLP No. 22283 of 2018- Union of India Vs. p. Ayyamperumal, decided on 23.7.2018.

A number of cases on the same lines are being received comprising administrative proposals, judgments from the Hon’ble Punjab & Haryana High Court delivered in terms of judgment of Hon’ble Supreme Court ibid. Further, a number of CWPs, Representations from retired Employees and certain Legal Notices have also been received and have pouring in regularly relying upon the judgment Of Hon’ble Supreme Court ibid.

In view Of the above the matter was considered meticulously weighing all possible pros and cones and since the judgment or Hon’ble Supreme Court ibid has been delivered a case where Central Govt was party, the Central Govt. has, therefore, been requested vide this Department Ietter dated 28.3.9019 to apprise or the latest position in this respect to the Haryana Govt. so that appropriate policy decision may be taken accordingly. This request has been sent to Central Govt. since the remedy Of Review

Application and Curative Petition still subsists with it end it would be in the fitness of things that a decision by the Haryana Govt. may be taken Only after ascertainment of final decision from the Govt. of india. A copy of request dated 28.3.201′ sent to Central Govt. is attached herein.
In view of the above it is requested that all of the pending cases i.e. CWPs/Court Cases, Representations, Legal Notices on the instant subject may be dealt with/disposed of accordingly. In the decided cases where in a direction has been issued by the Hon’ble High Court/ I-d. Courts to decide the Representations/ Legal Notices of the petitioners LEC Petitioners/ Counsel of Petitioners may be informed accordingly. Likewise, adjournment may he requested in the cases Where Reply is to be fled. ‘The under consideration Representations/ Legal Notices may also be disposed Of in the same terms informing the factual position to the Employees (Counsels concerned. The next line of action be informed in due course.
sd/-
Chief Accounts Officer (PR)
for Additional Chief Secretary to Government Haryana
Finance Department

Endst . No. 6/ 183/2018-4PR(FD)

A copy is forwarded to the Accountant General Haryana, (A&E) and (Audit), Chandigarh for information.

Chief Accounts Officer (PR)
for Additional Chief Secretary to Government Haryana,
Finance Department
“CONSERVE WATER – SAVE LIFE”
Government of Haryana
Finance Department
No. 6/ 183/2018-4PR (FD)
To
The Secretary to the Govt. of India
Ministry of personnel, Public Grievance and Pensions
Department of Pension
New Delhi
Date 28th March, 2018

Subject:- Grant of Notional Increment on completion of 12 Months of Service on July of Calendar year (After Retirement) for the purpose of pension to Govt. employees.

Respected Sir,
I am directed to refer to the subject cited above and to state that The Haryana Govt. has broadly followed the pattern Oi Central Govt. in Pay and Pension Structure while its Pay pension Rules pursuant. To recommendations of Central Pay Commissions. the Pay Rule of 2006 there was a uniform date or grant or Annual Increment being of July of eve-or calendar month Whereas in the 2015 Rules there are two dazes being Of January and of July depending upon the circumstances. The minimum length of service Lo earn the Annual Increment is uniform In of the Rules i.e. six months of qualifying service.

Some of the retired Officers/ Employees brought to the notice of this Department a judgment dated 25-9.2017 (Copy Attached) of DB Of Hon’ble Madras High Court delivered in CWP No. 15732 of 2017- P. Ayyamperumal Vs. Union India wherein the Hon tile Madras High Court has allowed the benefit of Annual increment, on notional basis to the petitioner who retired on 30.6.2013 for Pensionary benefits only for the period of I. 7.2012 to 30-62013 though the Increment [ell due on The Operative part of the judgment ibid is reproduced herein below for your ready reference;-

The petitioner herein had completed one full year service as on 30.6.2013, but the increment feu due on 1.7.2013, on which date he was not in service. In view of the above judgment of this Court, naturally he has to be treated as having completed one year of service though the date of increment fans on the next day of his Applying the said judgment to the present case, the writ petition Es allowed and the impugned order passed by the first respondent-Tribunal dated 21.3.2017 is quashed. The petitioner shall be given one notional increment for the period from 7.7.2012to 30.6.2013, as he has completed one fun year of service, though his increment fell on 01.07.2013, for the purpose of pensionary benefits and not for any other purpose. No Costs.

This judgment was later on upheld by the Hon’ble Supreme Court Of India vide its judgment dated 23.7.2018 (Copy Attached) in SLP NO. 22283 Of 2018 and the inference comes out is that this issue has attained finality until and unless it has been challenged further by the Govt. of India by means Review Application/ Curative Petition, if any.

In view of the legal position as above, the Hon’ble Punjab & Haryana High Court has disposed of number of cases is The same terms against the State of Haryana wherein the retired employees of the Haryana Govt. had demanded similar benefit being affinity Of Rules. Besides, a. number of CWPs/Court Cases are also sub judice in the Hon’ble High Court and the Haryana Govt is not able to file proper reply therein in view of the judgment Of Hon’ble Supreme Court ibid. Further, number Of Legal Notices arc also pending and lot more arc also In on regular intervals from the relired employees demanding same benefits and a warning of filing of Court Case in the cage Of denial thereof is also being conveyed

As such: it is kindly requested that the factual position may Se clarified conspicuously as per points mentioned below;

1.As to whether the Govt. of India has further challenged the Aforesaid judgment in SLP by way of RA/Curative Petition and if yes the detail thereof may please be conveyed.
2.If the action to challenge has not been materialized then as to whether it is under consideration.
3.As to whether the same has been implemented and if yes, the copy of relevant Rule/ Instruction/ Order may please be provided
4.It may please be clarified, in case this judgment has been implemented as to whether the Increment is countable for Pension purpose exclusively or for other retiral benefit i.e. Communication of Pension, DQÜ and Leave Encashment etc.
5.Though the judgment ibid has been delivered keeping in view the Pay Rules 2006 wherein only single date of Annual Increment i.e. 1st July of every calendar year was provided whereas With the commencement or 2016 Rules [here have been provided two dates of Increments i.e. 1st of January and 1st July. It may, therefore, please he clarified RS to whether it would also apply to Govt. employees retiring after 01.01-2016.
6.As to whether the Govt- of India has accordingly amended or contemplating to amend its Pay and Pension Rules (please clarify conspicuously) to make them compatibIe in view of the factual position as such.

The aforesaid information/ documents may please be provided at the earliest so that the Haryana Govt. may take appropriate decision in all the pending cases accordingly and no awkward position is faced in the Hon’ble High Court/other Ld. Courts.

If this issue does not relate to this Department/ Division then this communication may please refereed transferred to the Department/ Division concerned under intimation to this Department so as to enable it to follow-up the same accordingly With the authority concerned.

Thanking You
DA/ As above
Yours Faithfully,
Chief Accounts Officer
for Additional Chief Secretary to Govt_ Haryana
Finance Department
(Haryana Civil Secretariat, Chandigarh)

Public Consultation on the proposal for amendment of Rules for Profit attribution to Permanent Establishment

Public Consultation on the proposal for amendment of Rules for Profit attribution to Permanent Establishment
F.No.500/33/2017-FTD.I
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
(Foreign Tax and Tax Research-I)

New Delhi, dated the 18th April, 2019

Subject: Public Consultation on the proposal for amendment of Rules for Profit attribution to Permanent Establishment-reg.

Taxation of non-residents in India is governed by the provisions of the Income-tax Act, 1961 (“the Act”) and the provisions of the Double Taxation Avoidance Agreement(s) [DTAA(s)] concluded or adopted by the central government under the 'X' wers conferred under Section 90 or 90A of the Act, respectively. Under the Act, the income tax is charged for the assessment year in respect of the total income of the previous year of every-person. In respect of a who is a non-resident, the total income includes all income from whatever source derived which is received or deemed to be received or accrues or arises or deemed to accrue or arise in India. The incomes that shall be deemed to accrue or arise in India are specified in Section 9 of the Act which. inter alia, provides that all income accruing or arising whether directly or indirectly, through or from any business connection in India shall be deemed to accrue or arise in India. However, in cases where a DTAA is also applicable, taxes on business income of a non-resident can be levied to the extent the same is permissible under such agreement. Thus, business income of a non- resident can be taxed in India if it satisfies the requisite thresholds provided under the Act as well as the threshold provided in the applicable tax treaty, by a concept of Permanent Establishment (PE). which is defined in Article 5 of Model Tax Conventions and tax treaties.

Under Article 7 in the Indian treaties, profits are to attributed to the PE as if it were a distinct and separate entity on the basis of the accounts of the PE and where such accounts are not available to enable determination of profits attributable to the PE, the profits attributable to the PE can be determined under the domestic laws. For the application of this method, the Assessing Officer in India can resort to Rule 10 of Income- tax Rules, 1962.

Recognizing the significance of issues relating to attribution of profits to a permanent establishment as well as the need to bring greater clarity and predictability in the applicable tax regime, a Committee was formed to examine the existing scheme of profit attribution to PE under Article 7 of DTAAs and recommend changes in Rule 10 of the Income-tax Rules. The Committee has submitted its report (enclosed herewith) and it has been decided to seek stakeholder’s comments on the Report of the committee.

In this regard, suggestions/comments of the stakeholders and the general public are invited on the following question:

a. What are your views on the recommendations of the Committee as contained in Section 11 of the Report? In answering this question please consider the objectives and policy rationale behind the change which have been elaborated in detail in the Report.

Comments and suggestions may sent electronically (in word format) at usfttr-1@gov.in within 30 days of the publication of this the email address document on website of the Income Tax Department

(www.incometaxindia.gov.in).
(Deepak Kapoor)
Under Secretary
Foreign Tax & Tax Research Division
Central Board of Direct Taxes

AICPIN for the month of March 2019

AICPIN for the month of March 2019

A fresh press release has been released by the Labour Bureau today regarding Consumer Price Index for Industrial Workers (CPI-IW) for the month of 2019.

The All India CPI-IW for March 2019 increased by two points and pegged at 309.

The next issue of CPI-IW for the month of April 2019 will be released on Friday 31st May 2019. The same will also be available on the official website of labour bureau.

JANUARY 2019307
FEBRUARY 2019307
MARCH 2019 309

Source: labourbureaunew.gov.in

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