. FLASH !!! GOOD NEWS TO PRE-2006 PENSIONERS(ESPECIALLY EX-SERVICEMEN). NO PRORATA REDUCTION OF PENSION FOR LESS THAN 33 YEARS SERVICE FROM 50% MINIMUM PENSION

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Thursday, June 30, 2016

Cabinet approves Implementation of the recommendations of 7th Central Pay Commission

 
The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the implementation of the recommendations of 7th Central Pay Commission (CPC) on pay and pensionary benefits.   It will come into effect from 01.01.2016.

In the past, the employees had to wait for 19 months for the implementation of the Commission’s recommendations at the time of 5th CPC, and for 32 months at the time of implementation of 6th CPC.  However, this time, 7th CPC recommendations are being implemented within 6 months from the due date.

The Cabinet has also decided that arrears of pay and pensionary benefits will be paid during the current financial year (2016-17) itself, unlike in the past when parts of arrears were paid in the next financial year. 

The recommendations will benefit over 1 crore employees. This includes over 47 lakh central government employees and 53 lakh pensioners, of which 14 lakh employees and 18 lakh pensioners are from the defence forces.

Highlights:

1.            The present system of Pay Bands and Grade Pay has been dispensed with and a new Pay Matrix as recommended by the Commission has been approved. The status of the employee, hitherto determined by grade pay, will now be determined by the level in the Pay Matrix. Separate Pay Matrices have been drawn up for Civilians, Defence Personnel and for Military Nursing Service. The principle and rationale behind these matrices are the same.

2.            All existing levels have been subsumed in the new structure; no new levels have been introduced nor has any level been dispensed with. Index of Rationalisation has been approved for arriving at minimum pay in each Level of the Pay Matrix depending upon the increasing role, responsibility and accountability at each step in the hierarchy.

3.            The minimum pay has been increased from Rs.  7000 to 18000 p.m.  Starting salary of a newly recruited employee at lowest level will now be Rs.  18000 whereas for a freshly recruited Class I officer, it will be Rs.  56100.  This reflects a compression ratio of 1:3.12 signifying that pay of a Class I officer on direct recruitment will be three times the pay of an entrant at lowest level.

4.            For the purpose of revision of pay and pension, a fitment factor of 2.57 will be applied across all Levels in the Pay Matrices.


5.            Rate of increment has been retained at 3 %. This will benefit the employees in future on account of higher basic pay as the annual increments that they earn in future will be 2.57 times than at present.

6.            The Cabinet approved further improvements in the Defence Pay Matrix by enhancing Index of Rationalisation for Level 13A (Brigadier) and providing for additional stages in Level 12A (Lieutenant Colonel), 13 (Colonel) and 13A (Brigadier) in order to bring parity with Combined Armed Police Forces (CAPF) counterparts at the maximum of the respective Levels.

7.            Some other decisions impacting the employees including Defence & Combined Armed Police Forces (CAPF) personnel include :

·               Gratuity ceiling enhanced from Rs.  10 to 20 lakh. The ceiling on gratuity will increase by 25 % whenever DA rises by 50 %.
·               A common regime for payment of Ex-gratia lump sum compensation for civil and defence forces personnel payable to Next of Kin with the existing rates enhanced from Rs. 10-20 lakh to 25-45 lakh for different categories.
·               Rates of Military Service Pay revised from Rs.  1000, 2000, 4200 & 6000 to 3600, 5200, 10800 & 15500 respectively for various categories of Defence Forces personnel.
·               Terminal gratuity equivalent of 10.5 months of reckonable emoluments for Short Service Commissioned Officers who will be allowed to exit Armed Forces any time between 7 and 10 years of service.
·               Hospital Leave, Special Disability Leave and Sick Leave subsumed into a composite new Leave named ‘Work Related Illness and Injury Leave’ (WRIIL). Full pay and allowances will be granted to all employees during the entire period of hospitalization on account of WRIIL.

8.            The Cabinet also approved the recommendation of the Commission to enhance the ceiling of House Building Advance from Rs.  7.50 lakh to 25 lakh. In order to ensure that no hardship is caused to employees, four interest free advances namely Advances for Medical Treatment, TA on tour/transfer, TA for family of deceased employees and LTC have been retained. All other interest free advances have been abolished.

9.            The Cabinet also decided not to accept the steep hike in monthly contribution towards Central Government Employees Group Insurance Scheme (CGEGIS) recommended by the Commission. The existing rates of monthly contribution will continue. This will increase the take home salary of employees at lower levels by Rs. 1470. However, considering the need for social security of employees, the Cabinet has asked Ministry of Finance to work out a customized group insurance scheme for Central Government Employees with low premium and high risk cover.

10.        The general recommendations of the Commission on pension and related benefits have been approved by the Cabinet. Both the options recommended by the Commission as regards pension revision have been accepted subject to feasibility of their implementation. Revision of pension using the second option based on fitment factor of 2.57 shall be implemented immediately. A Committee is being constituted to address the implementation issues anticipated in the first formulation. The first formulation may be made applicable if its implementation is found feasible after examination by proposed Committee which is to submit its Report within 4 months.

11.        The Commission examined a total of 196 existing Allowances and, by way of rationalization, recommended abolition of 51 Allowances and subsuming of 37 Allowances. Given the significant changes in the existing provisions for Allowances which may have wide ranging implications, the Cabinet decided to constitute a Committee headed by Finance Secretary for further examination of the recommendations of 7th CPC on Allowances.  The Committee will complete its work in a time bound manner and submit its reports within a period of 4 months. Till a final decision, all existing Allowances will continue to be paid at the existing rates.

12.        The Cabinet also decided to constitute two separate Committees (i) to suggest measures for streamlining the implementation of National Pension System (NPS) and (ii) to look into anomalies likely to arise out of implementation of the Commission’s Report.

13.        Apart from the pay, pension and other recommendations approved by the Cabinet, it was decided that the concerned Ministries may examine the issues that are administrative in nature, individual post/ cadre specific and issues in which the Commission has not been able to arrive at a consensus.

14.        As estimated by the 7th CPC, the additional financial impact on account of implementation of all its recommendations in 2016-17 will be Rs. 1,02,100 crore. There will be an additional implication of Rs. 12,133 crore on account of payments of arrears of pay and pension for two months of 2015-16.

 Source: PIB

Wednesday, March 23, 2016

Release of additional instalment of Dearness Allowance to Central Government employees and Dearness Relief to Pensioners due from 1.1.2016


The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has approved release of an additional instalment of Dearness Allowance (DA) to Central Government employees and Dearness Relief (DR) to Pensioners w.e.f. 01.01.2016. This represents an increase of 6 percent over the existing rate of 119 percent of the Basic Pay/Pension, to compensate for price rise.

This will benefit about 50 lakh Government employees and 58 lakh pensioners.

The increase is in accordance with the accepted formula, which is based on the recommendations of the 6th Central Pay Commission (CPC). The combined impact on the exchequer on account of both Dearness Allowance and Dearness Relief would be of Rs. 6796.50 crore per annum and Rs.7929.24 crore respectively, in the financial year 2016-17 (for a period of 14 months from January, 2016 to February, 2017). 
Source: PIB

MOFUSSIL ALERT LIST HYDERABAD SUPDTS

Moffussil Alert List-2016


Monday, February 15, 2016

DEFENCE MINISTRY INSTRUCTIONS -WHY NOT TO IMPLEMENT TO OTHER MINISTRIES

New Delhi: Cracking down on routine filing of appeals in the Supreme Court by defence ministry in several cases decided in favour of employees and pensioners, Minister Manohar Parrikar has issued a fresh set of guidelines overhauling the procedure.
Defence Minister Manohar Parrikar. PTI
Defence Minister Manohar Parrikar. PTI
The step is likely to bring down grievances of civil and military employees, pensioners and disabled soldiers, since the ministry was known to litigate till the Supreme Court decided against it.
In the fresh MoD policy, the concern of the defence minister over rising litigation in routine matters and those
involving meagre financial implications has been noted.
The fresh procedure would now involve the processing of proposals by the Defence Services Headquarters on whether to file an appeal or not. The joint secretary concerned would either send the file back for implementation or for the views of Legal Advisor (Defence) if he feels that the case is fit for appeal.
If the legal advisor feels that the case is not fit for appeal and the joint secretary agrees, then the file would be sent for implementation. In case the joint secretary is in favour of filing an appeal, the approval of additional secretary would have to be taken.
The policy also states that no appeals would be filed in sensitive matters or those involving public policy unless approved by the minister.
On implementation, the ministry is expected to shed the "compulsive litigant" tag, experts said.
The move comes soon after the submission of the report of the Committee of Experts constituted by the defence minister which expressed displeasure with the MoD for "indulging in luxury of litigation" and which recorded that appeals were being filed as a default reaction by indulging in "ego-fuelled" litigation.
The committee, comprising Lt Gen (retd) Mukesh Sabharwal, Lt Gen (retd) Richard Khare, lawyer (retd) Major Navdeep
Singh, Kargil veteran Major (retd) DP Singh and former Judge Advocate General (retd) Maj Gen T Parshad, had reminded the ministry that government was not an ordinary litigant trying to win against its own citizens by hook or crook and it was its duty to settle honest claims and policies already adjudicated by high courts and Supreme Court.
The Committee had recommended that in case of both civil and military employees, decisions of tribunals in their favour should normally be accepted and a challenge should only lie in exceptional cases at best till the high court and only in the rarest of rare cases to the Supreme Court.

Wednesday, January 27, 2016

APEX COURT STAYED THE OPERATION OF ORDER OF KERALA HIGH COURT ON MACP IN PROMOTIONAL HIERARCHY

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Passport First – Verification Later for First Timers – The police verification process, which can take place after the applicant has acquired the new passport.


index (Copy)Liberalising the passport system, External Affairs Minister Sushma Swaraj on Monday announced the government’s decision to do away with police verification for the issuance process, for first-time normal category passport applicants.
The applicants can acquire passport faster with other government-issued identity papers. The new system prioritises issuance of normal passports, leaving police verification for a later date. “If you submit application with copies of Aadhaar, Voter ID and PAN Card, with an affidavit of no criminal case, we will issue passport,” Ms. Swaraj tweeted.
An official release said: “… normal passport applications of all first-time applicants furnishing Aadhaar, Electoral Photo Identity Card (EPIC), Permanent Account Number (PAN) Card and an affidavit in the format of Annexure-I will be processed on Post-Police Verification basis… subject to successful online validation of Aadhaar number.”
Annexure-1 of the passport application form lays out the format of the affidavit declaring “no criminal record” of the applicant.
The police verification process, which can take place after the applicant has acquired the new passport, has been streamlined with the launch of “mPassport Police App” for speedy submission of Police Verification (PV) report.
“The app would facilitate the field level verification officers to directly capture the PV report into the system digitally. With launch of this app, the need to download and print the physical Personal Particulars Form and questionnaire would no longer be required, resulting in paperless end-to-end digital flow of the PV process,” the press release said. The new app will reduce the police verification process to 21 days.

Saturday, January 16, 2016

ORDER OF HON'BLE CAT CHANDIGARH ON 5400 AFTER 4 YEARS TO ACP INSPECTORS

CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH


(I) OA No. 060/01044/2014 Date of decision:04.11.2015.
(II) OA No.060/00018/2015


Coram: HON BLE MR. SANJEEV KAUSHIK, MEMBER (J)
HON BLE MR. UDAY KUMAR VARMA, MEMBER (A)
(I) OA No. 060/01044/2014
1. Munish Kumar son of Sh. K.L. Sharma, age 45 years, Superintendent, Central Excise Division, Mandi Gobindgarh, Punjab.
2. Ramesh Arora son of Sh. Daulat Ram Arora, age 47 years, Superintendent, Audit Commissionerate, Circle Chandigarh-I, Chandigarh.
3. Bikram Singh son of Angrez Singh, age 44 years, Superintendent, Audit Commissionerate, Circle Chandigarh-I, Chandigarh.
4. Rajesh Kaushal son of Late Sh. R.C. Kaushal, age 45 years, Superintendent, Audit Commissionerate, Circle Chandigarh-I, Chandigarh.
5. Mohinder Singh Sandhu son of Sh. Jit Singh, age 48 years, Superintendent, Audit Commissionerate, Circle Chandigarh-I, Chandigarh.
6. Varinder Singh son of Harnam Singh, age 47 years, Superintendent, LCS Rail Caro, Customs Commissionerate, Ludhiana.
7. Kewal Singh son of Tara Singh, age 52 years, Superintendent, LCS Rail Caro, Customs Commissionerate, Ludhiana.
8. Naresh Kumar Soni son of Sh. Manohar Lal, age 46 years, Superintendent, LCS Rail Caro, Customs Commissionerate, Ludhiana.
9. Ramesh Chand Sharma son of Sh. Sada Ram Sharma, age 56 years, Superintendent, LCS Rail Caro, Customs Commissionerate, Ludhiana.
10. Dinesh Kumar Negi son of Sh. P.S. Negi, age 45 years, Superintendent, Anti Smuggling Unit, Customs Commissionerate, Ludhiana.
11. S.K. Kaler son of Sh. Piara Lal, age 49 years, Superintendent, Anti Smuggling Unit, Customs Commissionerate, Ludhiana.
12. Manoj Nayyar son of Sh. Y.P. Nayyar, age 46 years, Superintendent, Audit Commissionerate, Circle Chandigarh-II, Chandigarh.
13. Munish Arya son of Sh. R.L. Sood, age 45 years, Superintendent, Adjudication Branch, Central Excise Commissionerate, Chandigarh-I.
14. Bhagwan Singh son of Sh. Babu Singh, age 47 years, Superintendent, Central Excise Commissionerate, CERA Branch, Chandigarh-I.
15. Jatinder Kumar Saini son of Sh. Bakhtawar Singh Saini, age 46 years, Superintendent, Headquarter Preventive, Central Excise Commissionerate, Chandigarh-I.
16. Sanjeev Kumar Sharma son of Late Sh. Prag Nath Sharma, age 48 years, Superintendent, Audit Commissionerate, Circle Chandigarh-I, Chandigarh.
17. Ajay Singh son of Late Sh. Bikram Singh, age 43 years, Superintendent, Headquarter Preventive, Central Excise Commissionerate, Chandigarh-I.
18. Munish Bhatnagar son of Sh. V.K. Bhatnagar, age 44 years, Superintendent, Chief Commissionerate Unit, Central Excise, Chandigarh Zone, Chandigarh.
19. Anish Dhawan son of Sh. S.K. Dhawan, age 46 years, Superintendent, Chief Commissionerate Unit, Central Excise, Chandigarh Zone, Chandigarh.
20. Prit Inder Singh son of Sh. H.P.S. Bhatia, age 45 years, Superintendent, Tax Recovery Cell, Central Excise Commissionerate, Chandigarh-II.
21. Maninder Singh son of Sh. Tara Singh, age 46 years, Superintendent, Headquarter Preventive, Central Excise Commissionerate, Chandigarh-I.
22. Pardeep Kumar Kaura son of Sh. Y.K. Kaura, age 49 years, Superintendent, System Branch, Central Excise Commissionerate, Chandigarh-II.
23. Kulwant Singh son of Sh. Naranjan Singh, age 45 years, Superintendent, Review Branch, Central Excise Commissionerate, Chandigarh-II.
24. Rajesh Roy son of Sh. Naresh Roy, age 47 years, Superintendent, Review Branch, Central Excise Commissionerate, Chandigarh-II.
25. Karun Kumar Kataria son of Sh. Kewal Krishan, age 46 years, Superintendent, Review Branch, Central Excise Commissionerate, Chandigarh-II.
26. Jasmir Singh Walia son of Sh. S.S. Walia, age 45 years, Superintendent, Adjudication Branch, Central Excise Commissionerate, Chandigarh-II.
27. Ramesh Chander son of Sh. Ram Krishan, age 46 years, Superintendent, Adjudication Branch, Central Excise Commissionerate, Chandigarh-II.
28. Sharuti Kant son of Sh. Vijay Kumar, age 46 years, Superintendent, Adjudication Branch, Central Excise Commissionerate, Chandigarh-II.
29. Mani Ram Jangra son of Late Sh. Zile Singh, age 49 years, Superintendent, Range-II, Central Excise Division, Derabassi.
30. Jasprit Singh Virk son of Sh. Kulwant Singh, age 45 years, Superintendent, Range-III, Central Excise Division, Mandi Gobindgarh.
31. Jasbir Kaur wife of Sh. Teja Singh, age 48 years, Superintendent, Refund Section, Central Excise Commissionerate, Chandigarh-II.
32. Vinod Kumar son of Sh. Madan Lal, age 46 years, Superintendent, CFS (OWPL), Customs Commissionerate, Ludhiana.
33. Deepak Gupta son of Sh. Nihal Chand Gupta, age 43 years, Superintendent, CFS (OWPL), Customs Commissionerate, Ludhiana.
34. Deepak Sharma son of Sh. Madan Lal Sharma, age 43 years, Superintendent, ADC Unit, CFS (GRFL), Customs Commissionerate, Ludhiana.
35. Jagmohan Singh Rawat son of Sh. Alam Singh Rawat, age 46 years, Superintendent, CFS (OWPL), Customs Commissionerate, Ludhiana.
36. I.P. Singh son of Sh. Sewa Singh, age 55 years, Superintendent, ADC Unit, CFS (GRFL), Customs Commissionerate, Ludhiana.
37. Anil Sandhu son of Sh. Ram Lal, age 48 years, Superintendent, ADC Unit, CFS (GRFL), Customs Commissionerate, Ludhiana.
38. R.K. Saroha son of Sh. Mangat Kumar Saroha, age 49 years, Superintendent, ADC Unit, CFS (GRFL), Customs Commissionerate, Ludhiana.
39. Rajnish Bhagat son of Late Sh. Nanak Chand Bhagat, age 45 years, Superintendent, CFS (PSWC), Customs Commissionerate, Ludhiana.
40. Gurdial Singh son of Bakhtawar Singh, age 47 years, Superintendent, ADC Unit, CFS (GRFL), Customs Commissionerate, Ludhiana.
41. Ranjit Singh Randhawa son of Sh. Sardul Singh, age 58 years, Superintendent, CFS (PSWC), Customs Commissionerate, Ludhiana.
42. Rajeev Dhawan son of Late Sh. Sahib Ram Dhawan, age 46 years, Superintendent, Director General of Central Excise Intelligence, Ludhiana.
43. Sanjay Kapoor son of Late Sh. Raj Pal Kapoor, age 48 years, Superintendent, Central Excise Division-II, Ludhiana.
44. Kuldip Singh son of Sh. Mohinder Singh, age 45 years, Superintendent, Headquarter Office, Central Excise Commissionerate, Ludhiana.
45. Viney Goyal son of Late Sh. A.P. Goyal, age 45 years, Superintendent, International Airport, Customs Commissionerate, Amritsar.
46. Harmesh Lal son of Late Sh. Piara Ram, age 49 years, Superintendent, Customs Commissionerate, The Mall, Amritsar.
47. Sanjeev Kumar Sharma son of Late Sh. D.D. Sharma, age 49 years, Superintendent, Preventive Branch, Central Excise Division, Sangrur.
48. Malkiat Singh son of Sh. Waryam Singh, age 46 years, Superintendent, Rajpura Range, Central Excise Division, Patiala.
49. Narinder Mohan son of Sh. Dev Raj, age 47 years, Superintendent, Central Excise Commissionerate, J&K, Jammu.
50. Ashwani Kumar son of Sh. Harkesh Singh, age 47 years, Superintendent, Central Excise Division-I, Ludhiana.
51. Jagjit Singh son of Sh. Teja Singh, age 48 years, Superintendent, Vig. Branch, Central Excise Commissionerate, Chandigarh-I.
52. Ram Parkash son of Sh. Dev Raj, age 51 years, Superintendent, Tech. Branch, Central Excise Division, Chandigarh.
53. Deepak Jain son of Sh. V.K. Jain, age 46 years, Superintendent, Chief Commissionerate Unit, Central Excise, Chandigarh Zone, Chandigarh.
54. Prabal Kumar son of Sh. Gian Chand, age 42 years, Superintendent, S&I Branch, Central Excise Commissionerate, Chandigarh-I.
55. Harbinder Singh son of Late Sh. Balwant Singh, age 46 years, Superintendent, Special Economic Zone, RGCTP, Chandigarh.
56. P.J.S. Brar son of Sh. Jarnail Singh, age 46 years, Superintendent, Central Excise Range, Malerkotla.
57. Poonam wife of Sh. Rajinder Kumar Bhandari, age 45 years, Superintendent, Audit Commissionerate, Circle Chandigarh-I, Chandigarh.
58. Gurdip Singh son of Sh. Nachhatar Singh, age 46 years, Superintendent, Headquarter Preventive, Central Excise Commissionerate, Chandigarh-I.
59. Shamsher Singh son of Sh. Mukhtiar Singh, age 48 years, Superintendent, Central Excise Range-II, Jalandhar.
APPLICANTS
BY ADVOCATE: SH. V.K. SHARMA.

VERSUS

1. Union of India through the Secretary to Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi.
2. Central Board of Excise and Customs, Ministry of Finance, Department of Revenue, New Delhi through its Chairman.
3. Chief Commissioner, Customs, Central Excise and Service Tax, Chandigarh Zone, C.R. Building, Sector 17, Chandigarh.
4. The Commissioner, Central Excise Commissionerate, Chandigarh-I, Central Revenue Building, Sector 17, Chandigarh.
RESPONDENTS
BY ADVOCATE: SH. SANJAY GOYAL.


(II) OA No.060/00018/2015


1. Sanjeev Dhar son of Sh. K.N. Dhar, aged 47 years, Superintendent, Office of Audit Commissionerate, Chandigarh (Jammu Circle).
2. Parvinder Singh Tuli son of Sh. Pritam Singh Tuli, aged 48 years, Superintendent, Central Excise Range, Poanta Sahib.
3. Kanwar Vinod Kumar son of Sh. Harbans Lal, aged 49 years, Superintendent, Office of Audit Commissionerate, Chandigarh (Jammu Circle).
4. Jagtar Singh Arora son of Sh. Harbans Singh, aged 49 years, Superintendent, Office of Central Excise Commissionerate, J&K, Jammu.
5. Deep Chand son of Sh. Puran Ram, aged 53 years, Superintendent, Customs (P) Division, Jammu.
6. Rana son of Sh. Arjan Ram, aged 50 years, Superintendent, Central Excise Commissionerate, J&K, Jammu.
7. Inder Bhushan son of Late Sh. Shiv Kumar, aged 47 years, Superintendent, Central Excise Commissionerate, J&K, Jammu.
8. Harmesh lal son of Sh. Ajit Ram, aged 49 years, Superintendent, Central Excise Commissionerate, J&K, Jammu.
9. Ranjeet Singh son of Sh. Bhawani Singh, aged 43 years, Superintendent, Central Excise Commissionerate, J&K, Jammu.
10. Rakesh Kumar son of Sh. Sukhdev Raj, aged 48 years, Superintendent, Central Excise Commissionerate, J&K, Jammu.
11. Kailash Chander Shajgotra son of Late Sh. Jagdish Raj Sharma, aged 48 years, Superintendent, Central Excise Commissionerate, J&K, Jammu.
12. Gurpreet Singh son of Sh. Joginder Singh, aged 45 years, Superintendent, Central Excise Commissionerate, J&K, Jammu.
13. Sandeep Kumar son of Sh. Vishwa Nath Sharma, aged 47 years, Superintendent, Central Excise Commissionerate, J&K, Jammu.
14. Sewa Ram son of Sh. Puran Ram, aged 50 years, Superintendent, Central Excise Commissionerate, J&K, Jammu.
15. Manoj Kumar Sharma son of Sh. Ram Kumar Sharma, aged 45 years, Superintendent, Central Excise Commissionerate, J&K, Jammu.
16. Seema Banga daughter of Sh. Jai Ram Dass, aged 47 years, Superintendent, Central Excise Commissionerate, J&K, Jammu.
17. Vivek Rawal son of Sh. P.V. Rawal, aged 48 years, Superintendent, Central Excise Commissionerate, J&K, Jammu.
18. Sanjeev Prabhakar son of Sh. O.P. Prabhakar, aged 46 years, Superintendent, Audit Commissionerate, Chandigarh (Jammu Circle).
19. Amrit Pal Singh son of Sh. Arjan Singh Malhotra, aged 46 years, Superintendent, Central Excise Commissionerate, Jalandhar.
20. Inderjeet Mehta son of Sh. R.S. Mehta, aged 47 years, Superintendent, Central Excise Commissionerate, J&K, Jammu.
21. Pushpdeep Singh son of Sh. Manmohan Singh, aged 46 years, Superintendent, Customs (P) Commissionerate, Amritsar.
22. Subash Bhasin son of Dev Raj Bhasin, aged 48 years, Superintendent, Audit Commissionerate, Chandigarh (Jammu Circle).
23. Tarsem Lal son of Sh. Dhani Ram, aged 50 years, Superintendent, Customs (P) Division, Jammu.
24. Kulwinder Kumar son of Sh. Ram Rattanb, aged 48 years, Superintendent, Central Excise Division, Patiala.
25. Neeraj Gandhi son of Late Sh. Harbans Gandhi, aged 47 years, Superintendent, Central Excise Division, Patiala.
26. Kishu Gupta daughter of Sh. Bir Bahadur, aged 48 years, Superintendent, Chief Commissioner Unit, Chandigarh.
27. Baljit Singh son of Sh. Darshan Singh, aged 50 years, Superintendent, Central Excise Division, Bhatinda.
28. Jagjit Kumar Joshi son of Sh. Megh Raj Joshi, aged 51 years, Superintendent, Central Excise Division, Bhatinda.
29. Gurpreet Singh son of Sh. Gursewak Singh Sidhu, aged 43 years, Superintendent, Central Excise Division, Bhatinda.
30. Rajiv Kumar Kaushal son of Sh. Kirishan Dev Kaushal, aged 50 years, Superintendent, Central Excise Division, Mandi Gobindgarh.  
APPLICANTS
BY ADVOCATE: SH. V.K. SHARMA.


VERSUS


1. Union of India through the Secretary to Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi.
2. Central Board of Excise and Customs, Ministry of Finance, Department of Revenue, New Delhi through its Chairman.
3. Chief Commissioner, Customs, Central Excise and Service Tax, Chandigarh Zone, C.R. Building, Sector 17, Chandigarh.
4. The Commissioner, Central Excise Commissionerate, Chandigarh-I, Central Revenue Building, Sector 17, Chandigarh.

RESPONDENTS
BY ADVOCATE: SH. SANJAY GOYAL.

O R D E R
      Mr. Sanjeev Kaushik, Member (J):

Commonness of the facts and law is the reason that the facts of Original Application No.060/01044/2014 are taken note of which would automatically cover the second case as well.
2. Challenge in this Original Application is to clarification dated 11.02.2009, whereby applicants have sought the following reliefs:
(A) Quash against and clarification dated 11.02.2009 read with latest instructions dated 4th June, 2014 (Annexure A-1) issued by Ministry of Finance, Department of Revenue, New Delhi providing that the officers who got the pre-revised pay-scale of Rs.7,500-12,000 (corresponding to grade pay of Rs.4,800) by virtue of financial upgradation under ACP will not be entitled to the benefit of further non-functional upgradation to the pre-revised pay-scale of Rs.8,000-13,500 (corresponding to grade pay of Rs.5,400), on completion of 4 years in the pre-revised pay scale of Rs.7,500-12000 which are opposed to the resolution dated 29.08.2008 and law declared by Hon ble High Court of Madras in W.P. No.13225 of 2010-M.Subramaniam Vs. Union of India & Others decided on 06.09.2010.
(B) For issuance of direction to the respondents to grant the applicants benefit of 4 year time-bound pay scale of Rs.8000-13500 or grade pay of Rs.5,400 in PB Rs.9300-34800 on completion of four years service in the pay scale of Rs.6500-10500 (Revised to Rs.7500-12000) grade pay of Rs.4800 from due dates i.e. arrears of pay and allowances with interest thereon @ 12% from the date of amount became due till date of actual payment and costs of the present petition and not to insist upon 4 years service as service in promoted pay scale as the same is opposed to basic policy decision dated 29.08.2008 and law declared by Hon ble High Court of Madras in W.P. No.13225 of 2010-M. Subramaniam Vs. Union of India & Others decided on 06.09.2010.
(C) Issuance any other writ, order or direction as this Hon ble Tribunal deem fit in the facts and circumstances of the case.
(D) Costs of the application be awarded to the applicants.
(E) The applicants may kindly be allowed to file a joint Original Application.
3. The facts, which led to filing of the present Original Application, are that the applicants herein, particularly applicant no.1 joined respondent-department as Inspector on 14.01.1993 and other applicants on various dates in the pay scale of Rs.1640-40-2900, which was subsequently revised as per the recommendations of 5th Central Pay Commission w.e.f. 1.1.1996.  The Post of Inspector, which was earlier classified as a Group C post was made Group B vide notification dated 24.10.2007 and the pay scale of Rs.5500-9000 attached to the post of Inspector, Central Excise was upgraded to Rs.6500-10500 w.e.f. 21.04.2004 and the applicants were accordingly placed in that pay scale.  They were granted first financial upgradation under the ACP scheme on completion of 12 years on different dates, as shown in Annexure A-4, in the pay scale of Rs.7500-250-12000.  The Govt. of India set up 6th Central Pay Commission for revision of the pay scales of Government employees, including the members of the regulating bodies.  The 6th Central Pay Commission submitted its report on 24.03.2008, which was accepted by the Govt. of India vide Resolution dated 29.08.2008 with certain modifications, according to which Group B officers of Department of Posts, Revenue etc. will be granted Grade Pay of Rs.5400 in PB-2 on non-functional basis after 04 years of regular service in the grade pay of Rs.4800 in PB-2.  On the basis of the Resolution dated 29.08.2008 the Govt. of India framed Central Civil Services (Revised Pay) Rules, 2008 (2008 Rules, for short) vide notification of even date.  As per revision of pay scale w.e.f. 1.1.2006 applicants were placed in the pay band of Rs.9300-34800+Rs.4800 grade pay.  The Govt. of India, Ministry of Finance, Department of Revenue, New Delhi issued notification dated 21.11.2008, giving a clarification to the effect that the four year period is to be counted from the date on which the officer is placed in the pay scale of Rs.7500-12000 (pre-revised).  It is the case of the applicants that in pursuance of the above clarification issued by Department of Revenue they are entitled for grant of grade pay of Rs.5400/- with effect from the date(s) they completed four years of service after grant of pay scale of Rs.7500-12000.  A clarification was issued by Department of Revenue on 11.02.2009 where they have clarified that the officers who were getting Rs.7500-12000 (pre-revised) by virtue of financial upgradation under ACP will not be entitled to the benefit of further non-functional upgradation to the pre-revised pay scale of Rs.8000-13500 (corresponding to grade pay of Rs.5400) on completion of four years in the pre-revised pay scale of Rs.7500-12000.  They submitted a representation based upon a judicial pronouncement by the Madras High Court in Writ Petition No.13225/2010 M. Subramaniam v. Union of India and others, decided on 06.09.2010 and also an order passed by the Principal Bench in OA-2930/2014 Rajneesh Gupta etc. v. Union of India & others, on 26.08.2014 but their claim was not decided.  Hence the Original Applications.
4. Shri V.K. Sharma, learned counsel appearing on behalf of the applicants submitted that the issue involved in these Original Applications has already been put at rest by the Madras High Court in the case of M. Subramaniam (supra), where they held that the clarification dated 11.02.2009 issued by Ministry of Finance, Department of Revenue is without basis and, therefore, the benefit, which was made available in terms of notification dated 21.11.2008 cannot be denied to employees who have put in four years continuous service in the pay scale of Rs.7500-12000  (pre-revised).  He submitted that the order of the Hon ble High Court of Madras is subject matter before the Hon ble Supreme Court at the hands of Union of India in SLP no. CC 15627/2011, in which notices have been issued but their Lordships have declined the stay.  Therefore, he submitted that mere pendency of SLP does not wash away the judgment rendered by the Madras High Court in the case of M. Subramaniam (supra).
5. The respondents filed their written statement wherein they submitted that in terms of clarification issued by the Govt. of India applicants are not entitled for grant of grade pay of Rs.5400/- from the date(s) they have completed four years service after grant of pay scale of Rs.7500-12000 (pre-revised) as they have been granted the said benefit under the ACP Scheme.  Their stand in the preliminary objection no.1 reads as under:
1. That through the present OA, applicant is seeking quashing of clarification dated 11.02.2009 read with instructions dated 04.06.2014 (Annexure A-1) issued by the competent authority providing that the officer who got the pre-revised pay-scale of Rs.7500-12000 (corresponding to GP of 4800/-) by virtue of financial upgradation under ACP will not be entitled to benefit of further non-functional upgradation to the pre-revised pay-scale of Rs.8000-13500 (corresponding to GP Rs.5400) on completion of four years in the pre-revised pay scale Rs.7500-12000 which is opposed to the resolution dated 29.08.2008. Accordingly, the applicant is seeking issuance of direction to grant the applicant benefit of four years time bound pay-scale of Rs.8000-13500 or G.P. of Rs.5400/- in P.B. Rs.9300-34800 on competition of four years service in the pay scale of Rs. 6500-10500 (revised to Rs.7500-12000) G.P. of Rs.4800/- from due date alongwith interest. In this regard, it is submitted that no relief as is being sought for by the applicant can be granted for the reasons being stated in succeeding paras.

6. Shri Sanjay Goyal, learned counsel appearing for the respondents was not in a position to rebut the argument advanced by the learned counsel appearing for the applicants that this issue had already been put at rest by the Madras High Court in the case of M. Subramaniam (supra) and following the same the Principal Bench directed the respondent-Revenue Department to decide the cases of the applicants before them in the light of the said judgment.
7. We have given our thoughtful consideration to the entire matter and have perused the pleadings available on record with the able assistance of the learned counsel appearing for the parties.  We are in agreement with the submission made at the hands of the applicants that the clarification dated 11.02.2009 to the earlier notification dated 21.11.2008 had already been put at rest by Hon ble High Court in the case of M. Subramaniam (supra) where the Hon ble High Court have considered the import of 2008 Rules issued by the Ministry of Finance, Department of Revenue and have also considered clarification and after considering both they held that the clarification of 2009 is contrary to the notification of 2008.  The relevant observation by the Hon ble High Court reads as under:
6. It is not in dispute that the Government of India vide its resolution dated 29.08.2008 granted grade pay of Rs.5400/- in Pay Band 2 on non-functional basis to the Group B Officers of the Department of Posts, Revenue, etc. who completed four years of regular service in the grade pay of Rs.4800/- in Pay Band 2. According to the petitioner, he has already reached the pay scale of Rs.7500-250-12000 by way of ACP Scheme on 01.01.2004 which is corresponding to the pay scale of Superintendent of Central Excise (Group B Post) and therefore, on completion of four years, he is entitled to the grade pay of Rs.5400/- with effect from 01.01.2008. In support of his claim, the petitioner also relied upon a clarification issued by the Central Board of Excise and Customs in Letter P.No.A2601/98/2008-AdIIA, dated 21.11.2008 clarifying that the four year period is to be counted from the date on which an officer is placed in the pay scale of Rs.7500-12000. However, the claim of the petitioner was denied based on the clarification issued by the Central Board of Excise & Customs, dated 11.02.2009, wherein, it was clarified that the officers who got the pre-revised pay-scale of Rs.7500-12000 (corresponding to grade pay of Rs.4800) by virtue of financial upgradation under ACP would not be entitled to the benefit of further non-functional upgradation to the pre-revised pay-scale of Rs.8,000-13,500 (corresponding to grade pay of Rs.5400) on completion of 4 years in the pre-revised pay scale of Rs.75-12000.
7. We are unable to agree with this clarification given by the Under Secretary to Government of India, since in an earlier clarification dated 21.11.2004 of the Deputy Secretary to Government of India, it was clarified as to how the 4 year period is to be counted for the purpose of granting non-functional upgradation to Group-B Officer, i.e. whether the 4 year period is to be counted with effect from the date on which an officer is placed in the pay scale of Rs.7,500-12,000 (pre-revised) or with effect from 01.01.2006, i.e. the date on which the recommendation of the 6th CPC core into force. It was clarified that the 4 year period is to be counted with effect from the date on which an officer is placed in the pay scale of Rs.7,500-12,000 (pre-revised).
8. Thus, if an officer has completed 4 years on 01.01.2006 or earlier, he will be given the non-functional upgradation with effect from 01.01.2006 and if the officer completes 4 year on a date after 01.01.2006, he will be given non-functional upgradation from such date on which he completes 4 year in the pay scale of Rs.7,500-12,000 (pre-revised), since the petitioner admittedly completed 4 year period in the pay scale of Rs.7500-12000 as on 01.01.2008, he is entitled to grade pay of Rs.5400/-. In fact, the Government of India, having accepted the recommendations of the 6th Pay Commission, issued a resolution dated 29.08.2008 granting grade pay of Rs.5400/- to the Group-B Officers in Pay Band 2 on non-functional basis after four years of regular service in the grade pay of Rs.4800/- in pay band 2. Therefore, denial of the same benefit to the petitioner based on the clarification issued by the Under Secretary to the Government was contrary to the above said clarification and without amending the rules of the revised pay scale, such decision cannot be taken. Therefore, we are inclined to interfere with the order of the Tribunal.

8. The above order of the Hon ble Madras High Court is subject matter before the Hon ble Supreme Court at the hands of the Union of India where while granting leave their Lordships have specifically declined to grant stay.
9. Considering the reasoning given by the Hon ble Madras High Court, we declare the action of the respondents in not granting the grade pay of Rs.5400/- to the applicants on completion of four years service in grade pay of Rs.4800 as illegal and unjustified. Accordingly both the Original Applications are allowed.  The impugned clarification dated 11.02.2009 (Annexure A-1) is quashed and set aside.  However, considering that the SLP is pending before the Hon ble Supreme Court in the case of M. Subramaniam (supra) the applicants herein will also be abide by the decision of the Supreme Court in the said SLP.  Their benefit will, however, be subject to the outcome of the decision in the above SLP.
10. No costs.

 (SANJEEV KAUSHIK)
MEMBER (J)

(UDAY KUMAR VARMA)
MEMBER (A)

Chandigarh

Dated: 04.11.2015.

San.
 
17
OA No.060/01044/2014
With   OA No.060/00018/2015


Thursday, December 10, 2015

Thursday, November 19, 2015

Tuesday, November 17, 2015

7th Pay Commission – HOT NEWS – The Sources indicate, the Government is in no mood to take the wrath of the Government employees and is truly in a damage control mode.

The Bihar election was seen as a referendum on Modi’s popularity ahead of his visit to the UK on 12 November. A BJP win would have greatly affected India’s opposition parties, who were badly defeated by Modi’s party during the 2014 general elections. A Bihar state election win would have also meant that the BJP would have gained more seats in the upper house of parliament, where it currently lacks a majority. As a minority in the upper house, the governing party has struggled to pass key legislation and economic reforms.

The prime minister’s party has also come under controversy during the past few weeks over attempts to ban cow slaughter in the country. Hindus consider the animals sacred and several BJP-ruling states have begun tightening laws to ban beef consumption, which has created tension between religious groups. A number of Hindu mobs have been accused of violence against Muslim men who were alleged to be eating beef.
Modi’s party has also been facing increasing backlash from high-profile writers, film-makers and scientists, who are returning state awards in protest over “rising intolerance” under BJP rule. Many others have joined them in calling on the prime minister to address the recent killings, with protests also organised in the UK during Modi’s visit to meet David Cameron and the Queen.
If that was not enough, for the first time, after almost two years of Modi in power, the dissent within his party has come to light, with senior leaders like Advani, Yashwant Sinha including Shatrughan Sinha has openly criticized the high command.
The BJP had hoped to do well in Bihar, so it could swing the Rajya Sabha in its favour to unclog the deadlock taking place at the Centre. The most immediate impact of this election is that the deadlock is likely to remain in place. But Bihar means much more to the BJP. In 2014, the BJP won 22 of its 282 seats (8 per cent) from Bihar; the current loss in Bihar may have a carry-on effect to Assembly elections in Uttar Pradesh, where it won 71 Lok Sabha seats in 2014. In short, the drubbing in Bihar significantly weakens the BJP’s position at the Centre. Many policies that it had hoped to push through are now likely to be blocked or compromised.
Adding to the misery, the BJP is unlikely to do well in the 2016 State Assembly elections. In 2016, Assam, Kerala, Puducherry, Tamil Nadu and West Bengal will have go for polls. Of these States, the BJP has a chance to have a reasonable seat share only in Assam (which will likely go to the polls in October 2016), although it has not fared well recently. This means that the BJP could go at least two years without winning a State election, and likely will go longer without winning. This will severely weaken the party as it heads into the all-important 2017 State Assembly election in Uttar Pradesh.
All these have set the Government to rethink and modify its strategies in many fronts.
Earlier the Government was planning for high and controversial reforms for the Government employees. However, the sources now indicate, with the debacle in Bihar elections, the Government is truly in backfoot and is considering a whole plan change in the implementation strategy of the 7th pay commission recommendations, which was planned earlier.
Let us take a quick look of what the 7th Commission is expected to recommend based on the media reports floating around.
  • Retirement age
  • Forced retirement
  • Closing of CGHS facility
  • Salary hike based on efficiency
  • Change in Grade Pay Structure or even put an end to Grade Pay system
  • An increase of 30% in Salary
The Finance Ministry too on its part before the submission of 7th Pay Commission report indirectly made its mind clear saying ‘the Seventh Pay Commission will be mindful of the fiscal concerns of the government while giving its report on new pay scales and remunerations for central government employees and pensioners’.
However, everything is changed after the Bihar results, sources indicate.
“We realise that the government employees are upset as it is becoming difficult for them to manage their household expenses with the high inflation rate. They were clearly against us not to merge 50 percent dearness allowance with basic pay before implementation of Seventh Pay Commission,” a central minister had to say. “Central government employees should not lose ground as inflation erodes their salaries” he further added.
“There was a sense of insecurity among government employee who feared the media rumours that the pay commission is planning to recommend the retirement age of government employees as the completion of 33 years of service, or at the age of 58, whichever comes first. We want to prove the ‘false’ media rumours to implement pay commission soon,” said the minister.
He further said, “People who work for the Central Government are hard working, they care for their country, they are patriotic, they do a good job, It is also time to stop demonize central government employees and to encourage them, the recommendations of Seventh Pay Commission for central government employees will be implemented in the next financial year, he added.
Accordingly, Central government will implement the recommendations of the Seventh Pay Commission in April after fund allocation in budget 2016-17, which will be possible pre-election “special packages” for Assam, Kerala, Tamil Nadu, West Bengal and Puducherry, which are all due for polls by May 2016. The Government Sources said.
Highly reliable Sources indicate, the Government is in no mood to take the wrath of the Government employees and is truly in a damage control mode.
The Source further added, the Government has also asked the finance ministry to work out a plan if it is possible to increase the pay by 40% for the Central Government employees as against the projected recommendation of 30% by the 7th Pay Commission.

Source: 7th Pay news

Monday, November 16, 2015

27th meeting of SCOVA was held on 13.11.2015 and the important decisions taken are listed below

SCOVA meeting was held on 13th November 2015, Honourable Minister of State (PP) & Chairman SCOVA attended. Important decisions in respect of Pre-2006 Pensioners were taken

The 27th meeting of SCOVA was held on 13.11.2015. Honourable Minister of State (PP) & Chairman SCOVA attended. The following important points and decisions emerged in that meeting.
1. 9697 PPOs are still pending to be issued with Revised PPOs for Pre-2006 Pensioners.
  • Health Insurance scheme for pensioners in Non-CGHS Areas: Ministry of Health has informed that after consultations with various Ministries and Insurance Companies, a scheme for Health Insurance has been prepared for employees and pensioners. An EFC Memo would be circulated soon.
  • CGHS facilities to all P&T Pensioners: It was demanded that since on 22.08.2014 the Supreme Court had finally disposed of the SLP, the OMs of Health Ministry dated 1.8.1996 and 1.9.1996 must be withdrawn and all P&T Pensioners must be allowed into CGHS . Ministry of Health has informed that a proposal for extending the CGHS benefit to all P&T pensioners on par with other Government Pensioners has been sent for approval to Department of Expenditure.
  • Extension of benefit of upgraded Grade Pay to Pre-2006 Pensioners of S-12 Grade: Department of Expenditure has informed that the matter is under its consideration and a response would be sent to Ministry of Pension within a week.
  • Pension re-fixation to Pre-2006 Pensioners with less than 33 years of service: As the Revision Petition in theSupreme Court filed by the Government had been rejected by the Apex Court on 26.08.2015, the matter is under examination.
  • Refixation of pension from 1.1.2006: It is instructed to implement the orders dated 30th July, 2015 before 31.10.2015.