Tuesday, 15 January 2019

Single Male Govt Servants can avail Child Care Leave

Child Care Leave at Six Spells for Single Female Govt Servants



Department of Personnel and Training issued a Notification for granting Child care leave for Single male govt servants and CCL at 
Six Spells in a year for Single female govt servants. Read the part of the Notification below 
(C) in rule 43-C. (a) for sub-rule (1), the following sub-rule shall be substituted, namely”;
“(1) Subject to the provisions of this rule, a female Government servant and single male Government servant may be granted child care leave by an authority competent to grant leave for a maximum period of seven hundred and thirty days during entire service for taking care of two eldest surviving children, whether for rearing or for looking after any of their needs, such as education, sickness and the like.” ;
(b) for sub-rules (3) and (4), the following sub-rules shall be substituted, namely:-
“(3) Grant of child care leave to a female Government servant and a single male Government servant under sub-rule (1) shall be subject to the following conditions, namely:-
(i) it shall not be granted for more than three spells in a calendar year;
(ii) in case of a single female Government servant, the grant of leave in three spells in a calendar year shall be extended to six spells in a calendar year.
(iii) it shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied about the need of child care leave to the probationer, provided that the period for which such leave is sanctioned is minimal.
(iv) child care leave may not be granted for a period less than five days at a time.
(4) During the period of child care leave, a female Government servant and a single male Government servant shall be paid one hundred percent of the salary for the first three hundred and sixty five days, and at eighty percent of the salary for the next three hundred and sixty five days.
Explanation.—Single Male Government Servant’ means – an unmarried or widower or divorcee Government servant.”;

Friday, 14 December 2018

Implementation of Judgement to grant increment for pensionary benefit to employees retiring on 30th June: Ministry of Personnel, PG & Pension Statement

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO: 427
ANSWERED ON: 12.12.2018
Judgement on Writ Petition
ASADUDDIN OWAISI
Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) whether the Hon. Madras High Court ruled that employees retiring on 30 June are entitled for increment on 1st July of that year for pensionary benefit as they retire after completion of that year’s full service; 
(b) if so, the details thereof; 
(c) whether Hon. Supreme Court has dismissed the petition filed against the Madras High Court’s above judgement; 
(d) if so, whether the Government has issued orders regarding granting annual increment to those employees who are retiring on 30th June after completion of one year of service; 
(e) if so, the details thereof and if not, the reasons therefor; and 
(f) the time by which such orders are likely to be issued in this regard?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)
(a) & (b): No, Madam. High Court of Madras in Writ Petition No. 15732/2017 has granted relief personal to the petitioner. 
(c): Yes, Madam.
(d) to (f): As the judgment is in personam and contrary to the personnel policy of Government of India, the question of issuing a general order does not arise.

Opportunity for revision of option to come over to revised pay structure within 3 months: Fin Min OM 12.12.2018

No. 4-13/17-IC/E-IIIA
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, the 12th, December, 2018
Office Memorandum
Subject: Central Civil Services Revised Pay) Rules, 2016 - opportunity for revision of option to come over to revised pay structure
The undersigned is directed to invite attention to Rules 5 & 6 of the CCS (RP) Rules, 2016 regarding exercise of option to come over to the revised pay structure effective from 1.1.2016 as notified by the CCS(RP) Rules, 2016 and to say that the said option was to be exercised within 3 months of the date of notification, i.e. 25.7.2016 of the said Rules. The Rule 6(4) thereof provides that the option once exercised shall be final.
2. The Staff Side of the National Council (JCM) has requested that employees may be given another opportunity to re-exercise their option in view of certain hardships caused to certain employees. A number of references have also been received in this Ministry, proposing that the affected employees may be given an opportunity to re-exercise their option.
3. The matter has been considered and the President is pleased to decide that in relaxation of the stipulation contained in Rule 6(4) of CCS(RP) Rules, 2016, the Central Government employees, who have already exercised their option to come over to the revised pay structure as notified by the CCS(RP) Rules, 2016, shall be permitted another opportunity to revise their initial option in terms of Rules 5 & 6 thereof. The revised Option shall be exercised within a period of 3 months from the date of issue of these orders. The option once exercised in terms of these orders shall be final and shall not be liable to any further change under any circumstances. All other terms and conditions as laid down in the said Rules 5 and 6 shall continue to be applicable.
4. It is obvious that in respect of those employees who have already exercised option to come over to the revised pay structure from 01.01.2016 itself or in whose case the revised pay structure took effect from 01.01.2016 and who ire-exercise their option under these orders to come over to the revised pay structure from a date subsequent to 01.01.2016 as per Rule 5 of 008 (RP) Rules, 2016, the arrears on account of revised pay already drawn by them from 01.01.2016 up to the date from which they now Opt to come over to the revised pay structure shall be recovered.
5. In their application to the employees serving in IA&AD, these orders were issued after consultation with the Comptroller and Auditor General of India.
(Amar Nath Singh)
Director
To,
1. All Ministries/Departments of the Government of India (As per standard distribution list)
2. Guard File
3. NIC with the request that the same be posted on the website of Ministry of Finance, Department of Expenditure.

Wednesday, 12 December 2018

PJCA STRIKE NOTICE SERVED

TO THE SECRETARY /DIRECTOR GENERAL , DEPARTMENT OF POSTS FOR 2 DAYS STRIKE ON 08th /09th JANUARY-2019



PART-A
CHARTER OF DEMANDS

1.    Implement all positive recommendations of Sri Kamlesh Chandra Committee report and grant Civil servant Status to GDS.
2.    Fill up all Vacant Posts in all cadres of Deptt of Post i.e P.A/S.A, Postmen, Mail Guard ,  Mailmen, MMS, MTS, GDS, Postal Acctts, P.A  Admn Offices, P.A SBCO & Civil Wing etc  within a time frame  and separate identity of all cadres.
3.    Settle all the problems arisen out of implementation of C.S.I & R.I.C.T.
4.    Withdraw NPS and Guarantee minimum pension 50% of last pay drawn.
5.    Membership verification of G.D.S and declaration of result of regular employees membership verification conducted in 2015.
6.    Implementation of orders of   payment of  revised wages and arrears to the casual , Part time, Contingent employees & daily rated mazdoors as per 6th and   7th CPC and Regularize Services of  casual Labourers.
7.    Implement Cadre Restructuring for left out categories i.e RMS, MMS, Postman/MTS, PACO, PASBCO, Postal Acctts, Postmaster Cadre and Civil Wing etc.
8.    Stop Privatization, Corporatization and out sourcing in Postal Services.
9.    Scrap Bench Mark in MACP .
10. Implement 5 days week in Postal and RMS
11. Enhancement of higher pay scales to those categories whose minimum qualification has been enhanced e.g Postmen, Mail guard.
12. Grant of pension to the promoted GDS based on Supreme Court Judgement in SLP No (C) 13042/2014
13. Withdraw orders of enhancement of cash conyance limit without security.
14.  Implement all High Court and Supreme Court decisions in C/W MACP, RTP and others.
15. Cash less treatment under CGHS  and allotment of adequate fund under head MR & T.A
16. Retention of Civil wing in the Deptt of Post.
17. Holding of Deptt Council Meetings and periodical meetings at all levesl.
18. Stop Trade Union victimization and in the name of unscientific targets.
19. Provide 40 percent SCF quota promotion in AAO cadre and amend RR incorporating the modifications demanded by AIPAEA.
20. Status of audit to SBCO.
21. Restore Special Allowance to PO & RMS Accountants and OSA to RMS/MMS Staff.
22. All NSH and I.C. Speed Post Hubs should be under the administrative control of RMS and All L-2 Mail Offices should be identified as I.C. Speed Post Hubs and as Parcel Hubs.
23. Permission to all Staff of Circle Office, Postmaster Cadre, SBCO, Postal Accounts and RMS/MMS Staff to appear in Departmental Examination for promotion to PSS Group-B.
PART-B

      1.  Urgent measures for containing price rise through universalization of 
        public distribution system and banning speculative trade in commodity  
        market.

      2. Containing unemployment through concrete measures for employment
       generation.

3.    Strict enforcement of all basic labour laws without any exception or exemption and stringent punitive measures for violation of labour laws.

4.    Universal social security cover for all workers.

5.    Minimum wage of not less than 18000/- per month with provisions of indexation (for unskilled worker).

6.    Assured enhanced pension not less than 3000 P.M.  for the entire working population (including unorganized sector workers).

7.    Stoppage of disinvestment in Central/State public sector undertakings

8.    Stoppage of Contractorisation in permanent /perennial work and payment of same wage and benefits for contract workers as that of regular workers for the same and similar work.
                                    
9.    Removal of all ceiling on payment and eligibility of bonus , provident fund and increase in quantum of gratuity

10. Compulsory registration of trade unions within a period of 45 days from the date of submission application and immediate ratification of ILO conventions C-87 & C-98.

11. No FDI in Railways, Defense and other strategic sectors.

      12. No unilateral amendment to labour laws.

Streamlining of National Pension System (NPS) - Govt Decision for 18 lakh central government employees: PIB News

Press Information Bureau
Government of India
Ministry of Finance
10-December-2018 15:01 IST
Streamlining of National Pension System (NPS)
Decision
The Union Cabinet in its Meeting on 6th December, 2018 has approved the following proposal for streamlining the National Pension System (NPS).
  • Enhancement of the mandatory contribution by the Central Government for its employees covered under NPS Tier-I from the existing 10% to 14%.
  • Providing freedom of choice for selection of Pension Funds and pattern of investment to central government employees.
  • Payment of compensation for non-deposit or delayed deposit of NPS contributions during 2004-2012.
  • Tax exemption limit for lump sum withdrawal on exit has been enhanced to 60%. With this, the entire withdrawal will now be exempt from income tax. (At present, 40% of the total accumulated corpus utilized for purchase of annuity is already tax exempted. Out of 60% of the accumulated corpus withdrawn by the NPS subscriber at the time of retirement, 40% is tax exempt and balance 20% is taxable.)
  • Contribution by the Government employees under Tier-II of NPS will now be covered under Section 80 C for deduction up to Rs. 1.50 lakh for the purpose of income tax at par with the other schemes such as General Provident Fund, Contributory Provident Fund, Employees Provident Fund and Public Provident Fund provided that there is a lock-in period of 3 years.

Background

The new entrants to the central government service on or after 01.01.2004 are covered under the National Pension System (NPS). The Seventh Pay Commission (7th CPC), during its deliberations, examined certain concerns regarding NPS and made recommendations in the year 2015. The 7th CPC recommended for setting up of a Committee of Secretaries in this regard. Accordingly, a Committee of Secretaries was constituted by the Government to suggest measures for streamlining the implementation of NPS in the year 2016. The Committee submitted its report in the year 2018. Accordingly, based on the recommendations of the Committee, draft Cabinet Note was placed before the Cabinet for its approval.

Implementation strategy and targets

The proposed changes to NPS would be made applicab
le immediately once time critical decisions are taken in consultation with the other concerned Ministries / Departments.
Major impact
  • Increase in the eventual accumulated corpus of all central government employees covered under NPS.
  • Greater pension payouts after retirement without any additional burden on the employee.
  • Freedom of choice for selection of Pension Funds and investment pattern to central government employees.
  • Benefit to approximately 18 lakh central government employees covered under NPS.
  • Augmenting old-age security in a time of rising life expectancy.
  • By making NPS more attractive, government will be facilitated in attracting and retaining the best talent.

Expenditure involved

The impact on the exchequer on this account is estimated to be to the tune of around Rs. 2840 crores for the financial year 2019-20, and will be in the nature of a recurring expenditure. The financial implications on account of provisions regarding payment of compensation for non-deposit or delayed deposit of NPS contributions during 2004-2012, would be in addition to the amount indicated above.

No. of beneficiaries
Approximately 18 lakh central government employees covered under NPS would be benefitted from the streamlining of the National Pension System.

States/districts covered
Pan India.

Details and progress of scheme if already running
Presently, the new entrants to the central government service on or after 01.01.2004 are covered under the NPS. NPS is being implemented and regulated by Pension Fund Regulatory and Development Authority in the country.

LTC - Request for seeking relaxation for booking of air tickets from private travel agents: DoPT OM dt 10-12-2018

No. 31011/2/2018-Estt (A.IV)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-IV Desk 
North Block, New Delhi-10001
Dated: December 10, 2018 
OFFICE MEMORANDUM 
Subject:- Procedure for booking of air-tickets on LTC – compliance of instructions regarding. 
The undersigned is directed to refer to this Department’s O.M. No. 31011/5/2014-Estt.A-IV dated 24.09.2014, 23.09.2015 and 21.08.2017 on the procedure for booking of air tickets on LTC and to say that as per the extant instructions, whenever a Government servant claims LTC by air, he/she is required to book the air tickets directly from the airlines (Booking counters, website of airlines) or by utilizing the services of the authorized travel agents viz. ‘M/s Balmer Lawrie & Company’, ‘M/s Ashok Travels & Tours’ and ‘IRCTC’ (to the extent IRCTC is authorized as per DoPT O.M. No. 31011/6/2002-Est(A) dated 02.12.2009) while undertaking LTC journey(s). 
2. In this regard, it is observed that despite reiterating the above instructions from time to time, this Department still continues to receive numerous references from various Ministries/Departments and individuals seeking relaxation for booking of air tickets for the purpose of LTC through private travel agents. In most of the cases, the common reasons cited by the Government employees are lack of awareness of the rules and work exigencies. 
3. Therefore, all the Ministries/Departments are advised to ensure wide circulation and strict compliance of the guidelines stated in para 1 of this OM. This point may also be emphasized by the Administration whenever any advance is sought or intention to avail LTC is conveyed by the Government servant. It is stated that henceforth only those cases, where it is established that bonafide mistake has occurred and the Administrative Ministry/Department is satisfied that undue hardship is being caused to the Government servant, shall be considered by this Department for relaxation provided that the information is received in the Proforma enclosed along with supporting documents. 
End.: As above 
Sd/-
(Surya Narayan Jha)
Under Secretary to the Government of India 
booking-of-air-ticekt-on-ltc-dopt-om-10-dec-2018

Proforma for sending the request for seeking relaxation for booking of air tickets for the purpose of LTC from private travel agents.


The Administrative Ministry/Department needs to examine each case on the following parameters and where the Ministry/Department is satisfied that a bonafide mistake has occurred and undue hardship is being caused in any particular case, it may be sent to this Department in the following Proforma along with supporting documents:-
S.No.CriteriaResponse
1.Whether booking of air tickets on LTC has been done according to the prescribed procedure. If no, reasons thereof .
2.Whether the employee has travelled by Air India flight or any other airlines as authorised by the Government for the purpose of LTC from time to time?
3.If answer to s.no. 1 above is 'No', then such cases shall not be considered for relaxation.
4.Whether the tickets were purchased at LTC-80 fare or less?
5.It may be confirmed/ verified from the concerned airlines whether the tickets were booked at the same price on the date of booking as indicated on the ticket?
6.Whether the Govt. servant has availed of any tour package or other facility from the travel agent except the tickets?
7.The tickets may be checked for any additional, hidden or superfluous charges. If yes, the same shall not be admissible . ·
8.Government servant shall submit a self certification to his office/Administration that he has not availed of any tour package or any other facility from the travel agent except the tickets.

*N.B. - If it is found that any fraudulent attempt has been made by the Government servant to inflate the LTC claim, it shall make him/her liable for appropriate action under Rule 16 of CCS(LTC) Rules, 1988 and the relevant disciplinary rules.
proforma-sending-request-seeking-relaxation-booking-airticket-for-ltc-from-private-agent
Source: [https://dopt.gov.in/sites/default/files/PDF_1_20181210160318904.pdf]

Major Change in NPS – Govt Contribution Raised to 14%&The Cabinet Committee also approved to increase the commutation percentage from 40% to 60%.

NPS To OPS: Major Change in NPS
Govt Contribution Raised to 14%
New Pension Scheme to Old Pension Scheme: As per the media news, the Union Cabinet approved on Thrusday (6.12.2018) to raise the contribution to National Pension Scheme (NPS) to 14 per cent.
Major Changes has been inititated by the Central Government in the exisiting National Pension Scheme applicable for the employees joined on or after 1.1.2004 in Central Govenment Services. The maximum contribution is now 10% of basic pay. The Government contribution may be raised to 14% of basic pay.
National Pension System (NPS) is a defined contribution pension system in place of existing defined benefit system, applicable for fresh entrants to Central Government Service from 1-1-2004 except the Armed Forces. The monthly contribution to be deducted amounts to 10% of the Basic Pay and DA to be paid by the employee and matched by the Central Government. The maximum limit of monthly contribution is 10%.

At present, there is only one default scheme for Tier I for Government employees. In the default scheme, the contribution is allocated to three PFMs, viz. SBI Pension Funds Private Limited, UTI Retirement Solutions Limited and LIC Pension Fund Limited in a predefined proportion.
With effect from 10.06.2015, each of the PFMs will invest the funds in the proportion of upto 50% in Government Securities and Related Investments, upto 45% in Debt Instruments and Related Investments, Upto 5% in Short-term Debt Instruments and Related Investments, upto 15% in Equities and Related Investments and upto 5% in Asset Backed, Trust Structured and Miscellaneous Investments.

Amendment in FR 22(1)(a)(1) Notification dated 19-11-2018

In the Fundamental Rules. 1922, in rule 22. in sub-rule (1), in clause (a). for sub-clause (I). the following amendment was made.
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
New Delhi, the 19th November, 2018
G.S.R.370.— In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Fundamental Rules. 1922, namely:-
(1) These rules maybe called the Fundamental (Amendment) Rules, 2018.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Fundamental Rules. 1922, in rule 22. in sub-rule (1), in clause (a). for sub-clause (I). the following sub clause shall be substituted, namely:-
“(1) where a Government servant holding a post, other than a tenure post, in a substantive or temporary or officiating capacity is promoted or appointed in a substantive. temporary or officiating capacity, as the case may be, subject to the fulfilment of the eligibility conditions as prescribed in the relevant Recruitment Rules, to another post carrying duties and responsibilities of greater importance than those attaching to the post held by him, his initial pay in the time-scale shall be fixed by giving one increment in the level from which the Government servant is promoted and he or she shall be placed at a cell equal to the figure so arrived at in the level of the post to which promoted or appointed and if no such cell is available in the level to which promoted or appointed, he shall be placed at the next higher cell in that level.
Save in cases of appointment on deputation to an ex cadre post. or to a post on ad hoc basis or on direct recruitment basis, the Government servant shall have the option, to be exercised within one month from the date of promotion or appointment, as the case may be, to have the pay fixed under this rule from the date of such promotion or appointment or to have the pay fixed initially at the next higher cell in the level of the post to which he or she is promoted on regular basis and subsequently, on the date of accrual of next increment in the level of the post from which Government Servant is promoted, his pay shall be re-fixed and two increments (one accrued on account of annual Increment and the second accrued on account of promotion) shall be granted in the level from which the Government Servant is promoted and he or she shall be placed. at a cell equal to the figure so arrived, in the level of the post to which he or she is promoted; and if no such cell is available in the level to which he or she is promoted, he or she shall be placed at the next higher cell in that level.
In cases where an ad hoc promotion is followed by regular appointment without break, the option is admissible from the date of initial appointment or promotion. to he exercised within one month from the date of such regular appointment.
In cases where an officer has retired as ad hoc before being regularised to that post and later on has been assessed during the process of regularisation and found fit by the competent authority along with his or her juniors, who are still in service and are eligible to avail of the option facility from a date on which the retired employee was still in service, the same option facility shall also be extended to the retired employee, to be exercised within three months from the date when his or her junior became eligible to avail of option facility and in cases where such retired employee was himself the junior most, he or she may exercise the option facility within three months from the date when his or her immediate senior became eligible to avail of option facility: Provided that where a Government servant is in immediately before his promotion or appointment on regular basis to a higher post, drawing pay at the maximum of the level of the lower post, his initial pay in the level of the higher post shall be fixed at the cell equal to the figure so arrived at in the level of the post to which promoted or appointed by increasing his pay in respect of the lower post held by him on regular basis by an amount equal to the last increment in the level of the lower post and if no such cell is available in the level to which he is promoted or appointed, he shall be placed at the next higher cell in that level.”
[F.No. 13/1/20 17-Estt.(Pay-t)J
RAJEEV BAHREE, Under Secy
View the Notification

Cadre Restructuring of Group 'C' employees in Department of Posts Clarification


Wednesday, 5 December 2018