Dear Comrades
On the request of many of Members of AICEIA, Comrade Koushik Roy, General Secretary has supplied the following documents to be posted on this blog for the information of all the members. All thouse who are interested in filing OAs in their respective CATs may prepare grounds afresh as the grounds filed in OA 167/2009 are already rejected. The documents are linked to the left panel under " LEGAL FIGHT FOR GRADE PAY OF 5400"
1. OA No.167/2009 filed in CAT CHENNAI.
2. Govt. reply to OA No. 167/2009.
3.Rejoinder filed by Petitioner.
4.CAT Order in OA 167/2009
5.CAT Ernakulam Order in OA No.151/2009
Its better we share our views in the matter before proceeding again in different CATs.
Interested people can download the same from blog. Find any difficulty in downloading - mail me on vig_raju@yahoo.co.in or pvigneshwarraju@gmail.com I will send it by mail.
Saturday, July 17, 2010
Friday, July 16, 2010
LATEST ON KOLKOTTA HIGH COURT CASE
THE KOLKOTTA HIGH COURT COULD NOT TAKE UP THE CASE TODAY ON 16.07.2010 DUE TO LACK OF TIME. COULD BE POSTED FOR NEXT WEEK AGAIN ON THURSDAY OR FRIDAY AS SERVICE MATTERS ARE HEARD ON THOSE DAYS OF THE WEEK.
Thursday, July 15, 2010
CAT CHENNAI OA.No. 167/2009 / W.P.No.13225/2010 in CHENNAI HIGH COURT
Dear Subbu!
Kindly post the points you have covered in your OA No. 167/2009. As at Hyderabad we are planning to go to CAT on the same issue, please send a copy of OA to us so that we can proceed in a different way covering the points if at all not covered by you. Kindly send the details to the following mail.
vig_raju@yahoo.co.in
pvigneshwarraju@gmail.com
All the comrades interested in joining to fight in CAT may send their willingness through mail or this blog.
P.Vigneshwar Raju
Kindly post the points you have covered in your OA No. 167/2009. As at Hyderabad we are planning to go to CAT on the same issue, please send a copy of OA to us so that we can proceed in a different way covering the points if at all not covered by you. Kindly send the details to the following mail.
vig_raju@yahoo.co.in
pvigneshwarraju@gmail.com
All the comrades interested in joining to fight in CAT may send their willingness through mail or this blog.
P.Vigneshwar Raju
Wednesday, July 14, 2010
FLASH ! FLASH ! FLASH ! //GOOD NEWS// UPDATE ON CALCUTTA HIGH COURT CASE
The case is to be heard on Friday the 16th July 2010 at 2 pm onwards. This time it may not miss, since it is posted at Sl.No.8
COURT NO. 14
HON'BLE JUSTICE PRATAP KUMAR RAY
HON'BLE JUSTICE MRINAL KANTI SINHA
8. WP.CT 261/2008 SAMIRAN ROY & ORS Vs NILAY SENGUPTA
CAN 3238/2010 UNION OF INDIA & ORS.
Source: AICEIA
COURT NO. 14
HON'BLE JUSTICE PRATAP KUMAR RAY
HON'BLE JUSTICE MRINAL KANTI SINHA
8. WP.CT 261/2008 SAMIRAN ROY & ORS Vs NILAY SENGUPTA
CAN 3238/2010 UNION OF INDIA & ORS.
Source: AICEIA
Tuesday, July 13, 2010
latest on calcutta high court case
EVEN ON WEDNESDAY THE CASE IS NOT POSTED. WE WILL HAVE TO WAIT FOR MORE DAYS.
Friday, July 9, 2010
LATEST UPDATE ON KOLKATA HIGH COURT CASE
Due to lack of time the case could not be heard today. Mostly the same likely to be posted next week. Nothing is in our hands.
KOLKATA HIGH COURT CASE POSTED FOR TODAY
COURT NO. 14
HON'BLE JUSTICE PRATAP KUMAR RAY
HON'BLE JUSTICE MRINAL KANTI SINHA
11. WP.CT 261/2008 SAMIRAN ROY & ORS Vs NILAY SENGUPTA
CAN 3238/2010 UNION OF INDIA & ORS
HON'BLE JUSTICE PRATAP KUMAR RAY
HON'BLE JUSTICE MRINAL KANTI SINHA
11. WP.CT 261/2008 SAMIRAN ROY & ORS Vs NILAY SENGUPTA
CAN 3238/2010 UNION OF INDIA & ORS
Monday, July 5, 2010
Revision of option exercised under Rule 6 of the Central Civil Services (Revised Pay) Rules, 2008
Revision of option exercised under Rule 6 of the Central Civil Services (Revised Pay) Rules, 2008
F.No.7/14/2010-E.III (A)
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, the 5th July, 2010.
OFFICE MEMORANDUM
Subject:- Central Civil Services (Revised Pay) Rules, 2008- Revision of option exercised under Rule 6 of the Central Civil Services (Revised Pay) Rules, 2008
———
In accordance with the provisions contained in Rule 11 of the Central Civil Services (Revised Pay) Rules, 2008, where a Government servant opts to continue to draw his pay in the existing scale from the 1st day of January 2006 and switch over to the revised scale from a date later than the 1st day of January, 2006, his pay from the later date in the revised scale is required to be fixed under Rule 11(i) of the Central Civil Services (Revised Pay) Rules, 2008. As per Rule 5 of these Rules, this option to switch over to the revised pay structure from a date later than 1.1.2006 is available to a Government Servant:
(i) Who elects to continue to draw pay in the existing scale until the date on which he earns his next or any subsequent increment in the existing scale or until he vacates his post or ceases to draw pay in that scale.
(ii) who has been placed in a higher pay scale between 1.1.2006 and the date of notification of these Rules on account of promotion, upgradation of pay scale etc. the Government servant may elect to switch over to the revised pay structure from the date of such promotion, up-gradation etc.
3. As per Rule 6 (1) of Central Civil Services (Revised Pay) Rules, 2008 the option in the format appended to the Second Schedule was required to be exercised within three months from the date of issue of these Rules.
4. Further Rule 6 (4) provided that the option once exercised shall be final. The Staff Side has represented on this issue and have requested that the first option exercised may not be treated as final keeping in view the new system of pay band and grade pays and that employees may be allowed to revise their option if the option is more beneficial to them.
5. On further consideration and in exercise of the powers available under Central Civil Services (Revised Pay) Rules, 2008, the President is pleased to decide that in relaxation of stipulation under Rule 6 (4) of these Rules employees may be permitted to revise their initial option upto 31.12.2010 if the option is more beneficial to them. The revised option shall be intimated to the Head of his Office by the Government servant in accordance with the provision of Rule 6 (2) of the Revised Pay Rules, 2008.
6. In so far as persons serving in Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.
(Renu Jain)
Deputy Secretary to the Government of India
F.No.7/14/2010-E.III (A)
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, the 5th July, 2010.
OFFICE MEMORANDUM
Subject:- Central Civil Services (Revised Pay) Rules, 2008- Revision of option exercised under Rule 6 of the Central Civil Services (Revised Pay) Rules, 2008
———
In accordance with the provisions contained in Rule 11 of the Central Civil Services (Revised Pay) Rules, 2008, where a Government servant opts to continue to draw his pay in the existing scale from the 1st day of January 2006 and switch over to the revised scale from a date later than the 1st day of January, 2006, his pay from the later date in the revised scale is required to be fixed under Rule 11(i) of the Central Civil Services (Revised Pay) Rules, 2008. As per Rule 5 of these Rules, this option to switch over to the revised pay structure from a date later than 1.1.2006 is available to a Government Servant:
(i) Who elects to continue to draw pay in the existing scale until the date on which he earns his next or any subsequent increment in the existing scale or until he vacates his post or ceases to draw pay in that scale.
(ii) who has been placed in a higher pay scale between 1.1.2006 and the date of notification of these Rules on account of promotion, upgradation of pay scale etc. the Government servant may elect to switch over to the revised pay structure from the date of such promotion, up-gradation etc.
3. As per Rule 6 (1) of Central Civil Services (Revised Pay) Rules, 2008 the option in the format appended to the Second Schedule was required to be exercised within three months from the date of issue of these Rules.
4. Further Rule 6 (4) provided that the option once exercised shall be final. The Staff Side has represented on this issue and have requested that the first option exercised may not be treated as final keeping in view the new system of pay band and grade pays and that employees may be allowed to revise their option if the option is more beneficial to them.
5. On further consideration and in exercise of the powers available under Central Civil Services (Revised Pay) Rules, 2008, the President is pleased to decide that in relaxation of stipulation under Rule 6 (4) of these Rules employees may be permitted to revise their initial option upto 31.12.2010 if the option is more beneficial to them. The revised option shall be intimated to the Head of his Office by the Government servant in accordance with the provision of Rule 6 (2) of the Revised Pay Rules, 2008.
6. In so far as persons serving in Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.
(Renu Jain)
Deputy Secretary to the Government of India
Sunday, July 4, 2010
AN UPDATE BY AICEIA
Saturday, July 3, 2010
UPDATE
A meeting of the President, Secretary General, Assistant Secretary General, and Liaison Secretary was held on 02.07.2010 at Chennai. The Working President couldn’t attend due to domestic pressures. Vice President (SZ), Joint Secretary (SZ) and President, Chennai attended the meeting.
The meeting reviewed the status of various issues and deliberated on the action to be taken.
The meeting discussed the difficulty caused to the members at large due to the stay on promotions to the cadre of Superintendent of Central Excise and to that of Assistant Commissioner in terms of the order of the Honourable High Court of Calcutta. The stay order was issued in the month of March and every one expected that the stay would be vacated well in time to issue the promotion orders after the calendar DPC. But the delay occurred in collecting and collating data for finalizing the counter affidavit of the department delayed the matter. Subsequent to the filing of the Counter Affidavit, the petitioners were granted time to file their rejoinder. There is yet another reason that is delaying the matter further – the non constitution of division bench in the Honourable Court. It is expected that all processes would be completed and the case would be listed shortly.
Yet, there could be two contingencies which may require action on our part. One is that the case is not being listed even after the constitution of the Division Bench and the other is the non vacation of the stay order after hearing. We are of the view that in such a scenario, the Association or some affected individual, next in line for promotion, would have to implead in the case for a limited purpose of modifying the order so as to permit the Department to issue promotion orders on an ad hoc basis, subject to the final out come of the petition. In this regard we make it crystal clear that the association is in no way contesting or defending the relief prayed for by the petitioners before the Court, rather we are of the firm belief that whatever is provided by the Constitution of India and other laws for the up-liftment of our unfortunate brethren should be extended to them in letter and spirit. At the same time the association also has to strike a balance vis-à-vis the interests of the members at large, some of them who has not been benefited by ACP/MACP may retire in this month or next, loosing their promotion between the cup and the lip, there by loosing on their pension for the rest of their life. In these circumstances, it was decided that we would implead in the case in the event the petition is not getting listed even after a week from the constitution of the Division Bench or if the stay order is not modified even after hearing.
The meeting considered the apprehension expressed by various corners regarding the ongoing restructuring exercise and the opinions that the restructuring should be rejected in toto. It was decided that the Association should not be party to any move to derail the process. Our role now would be to ensure that the commitments given by the authorities in our discussion with them are not diluted in any stage before the implementation. Simultaneously, we should avail all opportunities to bargain for more and to get the ratio between excise & customs revised.
The meeting placed on record their appreciation to Com. Sanjay Srinivasan, Secretary, AICEIA Pune Circle for having obtained valuable information on grant of notional fixation of pay to other ministries which is relevant to our case. The issue would be addressed afresh utilizing these inputs.
Before signing off, I wish to express my strong reservations on some of the comments placed in the blog. The facility to place comments was given as a measure to receive constructive criticism, opinions, feed back from members and also as an indicator of the highest democratic values cherished by this organization. Most of the other service organizations do not offer this facility. We know very well that many of the comments are from non members – not only of the association, but also of the cadre. But we have always felt that the person penning the comment have some interest in this cadre. Of late, some of the comments are on the borderline of vulgarity, which place the entire cadre in bad light. This site is viewed by large number of non-members. Don’t be under the impression that the leadership of the association would be annoyed and demoralized with such comments. We have sufficient resilience to see through these comments. If you want the satisfaction of using foul language, please do that by emails to our mail IDs and spare the exhibition of filth in public. I request everyone to maintain decorum and dignity while commenting on the blog; lest, we would be constrained to disband the facility.
ARUN ZACHARIAH.P
PRESIDENT, AICEIA.
Blogger romance said...
AICEIA- koushik roy and ICESTEA koneruprabhakar are two good brother assosciations doing things in two directions. IRS officers enjoying both assosciations struggle. in shillong 23 years inspectors r pulling lifes. start fighting unitedly, constructively , instead of having different opinions.after all we r brother inspectors and we r not opposite party politicians. if two good heroes fight each other villains/troubles enjoy. if two good heroes fight unitedly villains/ troubles will be demolished.
July 4, 2010 9:35 AM
Blogger Vikas_A said...
Thanks for the update Mr. Zachariah. We are anxiously waiting for the restructuring to come and bring some respite for us. We at Lucknow are about to complete 18 years as Inspectors and restructuring seems to be the only hope for us. Any time frame for its implementation?
Vikas
July 4, 2010 10:59 AM
Blogger romance said...
as per news 7000 posts of group B,C,D, will be surrendered and board has signed for that cadre restructuring..... for 100 lower posts surrender .....one commissioner post will come........IRS officers lobby........only High power committee report will save us and GST MOVEMENT .....may bring new posts.....so as per cadre restructuring ,...........there is no hope........now it is time both the unions combinedly fight strategically.
July 4, 2010 11:16 AM
Blogger P.Vigneshwar Raju said...
Thanks for an update. What ever the cause we must stay united. It is very sad that the Shillong brothers are waiting with 23 years service. I think Income Tax the same batch people must be either Deputy Commissioners or Joint Commissioners. They have unity they achieve everything unitedly, why not we?
I request the unit representatives to take initiative for completion of DPC pending vacation of stay, so that there is no further delay in issuing promotions.
July 4, 2010 11:19 AM
UPDATE
A meeting of the President, Secretary General, Assistant Secretary General, and Liaison Secretary was held on 02.07.2010 at Chennai. The Working President couldn’t attend due to domestic pressures. Vice President (SZ), Joint Secretary (SZ) and President, Chennai attended the meeting.
The meeting reviewed the status of various issues and deliberated on the action to be taken.
The meeting discussed the difficulty caused to the members at large due to the stay on promotions to the cadre of Superintendent of Central Excise and to that of Assistant Commissioner in terms of the order of the Honourable High Court of Calcutta. The stay order was issued in the month of March and every one expected that the stay would be vacated well in time to issue the promotion orders after the calendar DPC. But the delay occurred in collecting and collating data for finalizing the counter affidavit of the department delayed the matter. Subsequent to the filing of the Counter Affidavit, the petitioners were granted time to file their rejoinder. There is yet another reason that is delaying the matter further – the non constitution of division bench in the Honourable Court. It is expected that all processes would be completed and the case would be listed shortly.
Yet, there could be two contingencies which may require action on our part. One is that the case is not being listed even after the constitution of the Division Bench and the other is the non vacation of the stay order after hearing. We are of the view that in such a scenario, the Association or some affected individual, next in line for promotion, would have to implead in the case for a limited purpose of modifying the order so as to permit the Department to issue promotion orders on an ad hoc basis, subject to the final out come of the petition. In this regard we make it crystal clear that the association is in no way contesting or defending the relief prayed for by the petitioners before the Court, rather we are of the firm belief that whatever is provided by the Constitution of India and other laws for the up-liftment of our unfortunate brethren should be extended to them in letter and spirit. At the same time the association also has to strike a balance vis-à-vis the interests of the members at large, some of them who has not been benefited by ACP/MACP may retire in this month or next, loosing their promotion between the cup and the lip, there by loosing on their pension for the rest of their life. In these circumstances, it was decided that we would implead in the case in the event the petition is not getting listed even after a week from the constitution of the Division Bench or if the stay order is not modified even after hearing.
The meeting considered the apprehension expressed by various corners regarding the ongoing restructuring exercise and the opinions that the restructuring should be rejected in toto. It was decided that the Association should not be party to any move to derail the process. Our role now would be to ensure that the commitments given by the authorities in our discussion with them are not diluted in any stage before the implementation. Simultaneously, we should avail all opportunities to bargain for more and to get the ratio between excise & customs revised.
The meeting placed on record their appreciation to Com. Sanjay Srinivasan, Secretary, AICEIA Pune Circle for having obtained valuable information on grant of notional fixation of pay to other ministries which is relevant to our case. The issue would be addressed afresh utilizing these inputs.
Before signing off, I wish to express my strong reservations on some of the comments placed in the blog. The facility to place comments was given as a measure to receive constructive criticism, opinions, feed back from members and also as an indicator of the highest democratic values cherished by this organization. Most of the other service organizations do not offer this facility. We know very well that many of the comments are from non members – not only of the association, but also of the cadre. But we have always felt that the person penning the comment have some interest in this cadre. Of late, some of the comments are on the borderline of vulgarity, which place the entire cadre in bad light. This site is viewed by large number of non-members. Don’t be under the impression that the leadership of the association would be annoyed and demoralized with such comments. We have sufficient resilience to see through these comments. If you want the satisfaction of using foul language, please do that by emails to our mail IDs and spare the exhibition of filth in public. I request everyone to maintain decorum and dignity while commenting on the blog; lest, we would be constrained to disband the facility.
ARUN ZACHARIAH.P
PRESIDENT, AICEIA.
Blogger romance said...
AICEIA- koushik roy and ICESTEA koneruprabhakar are two good brother assosciations doing things in two directions. IRS officers enjoying both assosciations struggle. in shillong 23 years inspectors r pulling lifes. start fighting unitedly, constructively , instead of having different opinions.after all we r brother inspectors and we r not opposite party politicians. if two good heroes fight each other villains/troubles enjoy. if two good heroes fight unitedly villains/ troubles will be demolished.
July 4, 2010 9:35 AM
Blogger Vikas_A said...
Thanks for the update Mr. Zachariah. We are anxiously waiting for the restructuring to come and bring some respite for us. We at Lucknow are about to complete 18 years as Inspectors and restructuring seems to be the only hope for us. Any time frame for its implementation?
Vikas
July 4, 2010 10:59 AM
Blogger romance said...
as per news 7000 posts of group B,C,D, will be surrendered and board has signed for that cadre restructuring..... for 100 lower posts surrender .....one commissioner post will come........IRS officers lobby........only High power committee report will save us and GST MOVEMENT .....may bring new posts.....so as per cadre restructuring ,...........there is no hope........now it is time both the unions combinedly fight strategically.
July 4, 2010 11:16 AM
Blogger P.Vigneshwar Raju said...
Thanks for an update. What ever the cause we must stay united. It is very sad that the Shillong brothers are waiting with 23 years service. I think Income Tax the same batch people must be either Deputy Commissioners or Joint Commissioners. They have unity they achieve everything unitedly, why not we?
I request the unit representatives to take initiative for completion of DPC pending vacation of stay, so that there is no further delay in issuing promotions.
July 4, 2010 11:19 AM
Monday, June 28, 2010
AN UPDATE BY AICEIA
Dear Friends,
We were on a short trip to Delhi from 20th to 24th instant to pursue the restructuring work , that is likely to be finalised byHRM within a couple of weeks; in addition to that we got an appointment, of the Secretary General of Suerintendents Association on 21st of this month.
As everybody anxious about the Kolkata High Court Case, we applogise for not updating the blog for quite some time, on 17th of June Department submitted its affidavit to court and the appellant was initially given one week time for their rejoinder to file, the appellant again asked for an extension of time; right after the submission of the rejoinder department will get another oppurtunity to submit addtional arguement if any.
Some members/non-members/circle Secretaries suspected about the activity of the Association; in fact for submission of Affidavit govt took three months while court has given three weeks time initially. It is true the situation is unbearable for the All India Association and certainly when association actively trying to expedite the case, it can not be said that the case has no merit and it is also true that for this reason entire cadre should not suffer. Only to pursue submission of affidavit association spent at least twenty days in different formation of CBEC .
We know that most of our members learned gentlemen, though we have only 6000(app.) mebership of which we are getting subscription of only 4500 members. Some of the units failed to understand the necessity of sending of subscription regularly. In fact it is not possible to give every detail in the blog, as of now AICEIA is the most dynamic Associationunder CBEC.
In delhi on 21st instant we requested Secretary General of Superintendent Association and Secretary General of Ministerial Association in seperate meetings to form a Departmental JCA as it exists in CBDT. Though Ministerial Association was positive we have not yet got any positive response from the Superintendent Association. For revised pay scale from 01.01.1996/1986 and the discrimination of superintendents in the restructuring we requested superintendent Association to plan for agitational programme, it is transpired by one of the leaders of superintendent Association from pune that for both the issues can be tkaen up in Supreme Court, Our Association's view was that we have got hundreads of favourable judgement in our favour over the years but failed to implement most of them beacause of our weekness of organising organisational action programme. However it appeared to us that our senior brother's leadership are not keen to take any action programme, and moreover they want programme if any that should be on Saturdays and Sundays.
However, we would like to request our members/nonmembers keep sending your advice and take part in active discussion with the superintendent Association for achieving our goal.
Thanking you
AICEIA
We were on a short trip to Delhi from 20th to 24th instant to pursue the restructuring work , that is likely to be finalised byHRM within a couple of weeks; in addition to that we got an appointment, of the Secretary General of Suerintendents Association on 21st of this month.
As everybody anxious about the Kolkata High Court Case, we applogise for not updating the blog for quite some time, on 17th of June Department submitted its affidavit to court and the appellant was initially given one week time for their rejoinder to file, the appellant again asked for an extension of time; right after the submission of the rejoinder department will get another oppurtunity to submit addtional arguement if any.
Some members/non-members/circle Secretaries suspected about the activity of the Association; in fact for submission of Affidavit govt took three months while court has given three weeks time initially. It is true the situation is unbearable for the All India Association and certainly when association actively trying to expedite the case, it can not be said that the case has no merit and it is also true that for this reason entire cadre should not suffer. Only to pursue submission of affidavit association spent at least twenty days in different formation of CBEC .
We know that most of our members learned gentlemen, though we have only 6000(app.) mebership of which we are getting subscription of only 4500 members. Some of the units failed to understand the necessity of sending of subscription regularly. In fact it is not possible to give every detail in the blog, as of now AICEIA is the most dynamic Associationunder CBEC.
In delhi on 21st instant we requested Secretary General of Superintendent Association and Secretary General of Ministerial Association in seperate meetings to form a Departmental JCA as it exists in CBDT. Though Ministerial Association was positive we have not yet got any positive response from the Superintendent Association. For revised pay scale from 01.01.1996/1986 and the discrimination of superintendents in the restructuring we requested superintendent Association to plan for agitational programme, it is transpired by one of the leaders of superintendent Association from pune that for both the issues can be tkaen up in Supreme Court, Our Association's view was that we have got hundreads of favourable judgement in our favour over the years but failed to implement most of them beacause of our weekness of organising organisational action programme. However it appeared to us that our senior brother's leadership are not keen to take any action programme, and moreover they want programme if any that should be on Saturdays and Sundays.
However, we would like to request our members/nonmembers keep sending your advice and take part in active discussion with the superintendent Association for achieving our goal.
Thanking you
AICEIA
EXPECTED DEARNESS ALLOWANCE FROM JULY - 2010 FOR CENTRAL GOVERNMENT EMPLOYEES
The second installment for this year (2010) of Dearness Allowance (DA) is awaited with lots of expectations…
The main expectation among lakhs of Central Government Employees will be announcement of the next additional installment of Dearness Allowance (DA) for this year….
The reasons are many…
Employees getting only 3% annual increment for one year and those who are getting promotion, they are also getting only Grade Pay difference + 3% annual increment after waiting for several years. But nowadays employees are getting Dearness allowance percentage much than annual increment due to all commodities price increase.
Dearness Allowance is an essential component of salary, it is based on monthly All India Consumer Price Index for Industrial Workers (Base year 2001-100) announced by the Labour Bureau – Government of India from time to time. After 6th CPC only the Government directed that the Dearness Allowance has to be calculated based on AICPIN with the base year 2001-100.
We have clearly stated in our site that the Dearness Allowance (DA) from Jan-2010 to Jun-2010 should be 8% with appropriate proof. Some had doubt about this, but the Government accepted and the 8% Dearness Allowance (DA) was announced (19.03.2010) from Jan-2010.
As of now, the situation demands increase in Dearness Allowance (DA) from Jul-2010 to Dec-2010 should be 44% and it will confirmed only when the All India Consumer Price Index (AICPIN) for May and June to be published. But when the index value 170 decreases to 165 or low for the next two months, the Dearness Allowance (DA) will be 8%. If it increases from 170 to 173 and above, there is a chance that the Dearness Allowance (DA) shoots up to 10%. Till now, we can conclude that additional Dearness Allowance (DA) will be 9% because there is no relief in the prices of essential commodities. But the Government will be strictly monitoring the situation and control prices that the AICPIN (All India Consumer Price Index Number for Industrial Workers (CPI-IW) on base 2001=100) value doesn’t go up.
In the next year, when DA crosses 50% all allowances will get a hike up to 25% as per the 6th CPC recommendations. This will bring some relief to the employees.
The Pensioners, State Government employees and who are all getting pay as per 5th CPC also looks forward eagerly waiting for the announcement of increase in Dearness Allowance (DA).
We have to wait for this announcement for almost two months.
Source: CG Staff News
The main expectation among lakhs of Central Government Employees will be announcement of the next additional installment of Dearness Allowance (DA) for this year….
The reasons are many…
Employees getting only 3% annual increment for one year and those who are getting promotion, they are also getting only Grade Pay difference + 3% annual increment after waiting for several years. But nowadays employees are getting Dearness allowance percentage much than annual increment due to all commodities price increase.
Dearness Allowance is an essential component of salary, it is based on monthly All India Consumer Price Index for Industrial Workers (Base year 2001-100) announced by the Labour Bureau – Government of India from time to time. After 6th CPC only the Government directed that the Dearness Allowance has to be calculated based on AICPIN with the base year 2001-100.
We have clearly stated in our site that the Dearness Allowance (DA) from Jan-2010 to Jun-2010 should be 8% with appropriate proof. Some had doubt about this, but the Government accepted and the 8% Dearness Allowance (DA) was announced (19.03.2010) from Jan-2010.
As of now, the situation demands increase in Dearness Allowance (DA) from Jul-2010 to Dec-2010 should be 44% and it will confirmed only when the All India Consumer Price Index (AICPIN) for May and June to be published. But when the index value 170 decreases to 165 or low for the next two months, the Dearness Allowance (DA) will be 8%. If it increases from 170 to 173 and above, there is a chance that the Dearness Allowance (DA) shoots up to 10%. Till now, we can conclude that additional Dearness Allowance (DA) will be 9% because there is no relief in the prices of essential commodities. But the Government will be strictly monitoring the situation and control prices that the AICPIN (All India Consumer Price Index Number for Industrial Workers (CPI-IW) on base 2001=100) value doesn’t go up.
In the next year, when DA crosses 50% all allowances will get a hike up to 25% as per the 6th CPC recommendations. This will bring some relief to the employees.
The Pensioners, State Government employees and who are all getting pay as per 5th CPC also looks forward eagerly waiting for the announcement of increase in Dearness Allowance (DA).
We have to wait for this announcement for almost two months.
Source: CG Staff News
Saturday, May 29, 2010
Fixed Medical Allowance for CG Pensioners' increased to Rs. 300/-
Fixed Medical Allowance for CG Pensioners residing in non--CGHS areas has been enhanced from Rs. 100/- to Rs. 300/- w.e.f. 1.9.2008. For order CLICK HERE
Friday, May 28, 2010
Posting of husband and wife at the same station
This is an import government orders for the employee whose spouse is also working in a government Services. Government has made its intentions clear. It’s committed to increase the representation of women in central government jobs.
It has been decided that when both spouses are in same Central Service or working in same Deptt. and if posts are available, it is mandatory to them at the same station.
The consolidated guidelines are as follows:-
Where the spouses belong to the same All India Service or two of the All India Services, namey IAS, IPS and Indian Forest Service (Group ‘A’) the spouse may be transferred to the same cadre by providing for a cadre transfer of one spouse to the Cadre of the other spouse, on the request of the member of service subject to the member of service not being posted under this process to his/her home cadre. Postings within the Cadre will, of course, fall within the purview of the State Govt.
Where one spouse belongs to one of the All India Services and the other spouse belongs’ to one of the Central Services, the cadre controlling authority of the Central Service may post the officer to the station or if there is no post in that station, to the State where the other spouse belonging to the All India service is posted.
Where the spouses belong to the same Central Service, the Cadre controlling authority may post the spouses to the same station.
Where the spouse belongs to one Central Service and the other spouse belongs to another Central Service, the spouse with the longer service at a station may apply to his/her appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station to the nearest station where the post exists. In case that authority, after consideration of the request, is not in a position to accede to the request, on the basis of non-availability of vacant post, the spouse with lesser service may apply to the appropriate cadre authority accordingly, and that authority will consider such requests for posting the said officer to the station or if there is no post in that station to the nearest station where the post exists.
Where one spouse belongs to an All India Service and the other spouse belongs to a Public Sector Undertaking, the spouse employed under the Public Sector Undertaking may apply to the competent authority and said authority may post the said officer to the station, or if there is no post under the PSU in that station, to the State where the other spouse is posted.
Where one spouse belongs to a Central Service and the other spouse belongs to a PSU, the spouse employed under the PSU ‘may apply to the competent authority and the said authority may post the officer to the station or if there is no post under the PSU in that station, to the station nearest to the station where the other spouse is posted. If, however, the request cannot be granted because the PSU has no post in the said station, then the spouse belonging to the Central Service may apply to the appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station, to the station nearest to the station where the spouse employed under PSU is posted.
Where one spouse is employed under the Central Govt. and the other spouse is employed under the state Govt, the spouse employed under the Central Govt. may apply to the competent authority and the competent authority may post the said officer to the station or if there is no post in that station to the State where the other spouse is posted.
The husband & wife, if working in the same Department and if the required level of post is available, should invariably be posted together in order to enable them to lead a normal family life and look after the welfare of their children especially till the children attain 18 years of age. This will not apply on appointment under the central Staffing Scheme. Where only wife is a Govt. servant, the above concessions would be applicable to the Govt. servant.
It was also directed by DOPT that the cadre controlling authority should strive to post the employee at the station of the spouse and in case of inability to do so, specific reasons, therefore, may be communicated to the employee.
For more details download this DOPT OM F.NO.28034/9/2009-Estt.(A) dated 30.09.2009
It has been decided that when both spouses are in same Central Service or working in same Deptt. and if posts are available, it is mandatory to them at the same station.
The consolidated guidelines are as follows:-
Where the spouses belong to the same All India Service or two of the All India Services, namey IAS, IPS and Indian Forest Service (Group ‘A’) the spouse may be transferred to the same cadre by providing for a cadre transfer of one spouse to the Cadre of the other spouse, on the request of the member of service subject to the member of service not being posted under this process to his/her home cadre. Postings within the Cadre will, of course, fall within the purview of the State Govt.
Where one spouse belongs to one of the All India Services and the other spouse belongs’ to one of the Central Services, the cadre controlling authority of the Central Service may post the officer to the station or if there is no post in that station, to the State where the other spouse belonging to the All India service is posted.
Where the spouses belong to the same Central Service, the Cadre controlling authority may post the spouses to the same station.
Where the spouse belongs to one Central Service and the other spouse belongs to another Central Service, the spouse with the longer service at a station may apply to his/her appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station to the nearest station where the post exists. In case that authority, after consideration of the request, is not in a position to accede to the request, on the basis of non-availability of vacant post, the spouse with lesser service may apply to the appropriate cadre authority accordingly, and that authority will consider such requests for posting the said officer to the station or if there is no post in that station to the nearest station where the post exists.
Where one spouse belongs to an All India Service and the other spouse belongs to a Public Sector Undertaking, the spouse employed under the Public Sector Undertaking may apply to the competent authority and said authority may post the said officer to the station, or if there is no post under the PSU in that station, to the State where the other spouse is posted.
Where one spouse belongs to a Central Service and the other spouse belongs to a PSU, the spouse employed under the PSU ‘may apply to the competent authority and the said authority may post the officer to the station or if there is no post under the PSU in that station, to the station nearest to the station where the other spouse is posted. If, however, the request cannot be granted because the PSU has no post in the said station, then the spouse belonging to the Central Service may apply to the appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station, to the station nearest to the station where the spouse employed under PSU is posted.
Where one spouse is employed under the Central Govt. and the other spouse is employed under the state Govt, the spouse employed under the Central Govt. may apply to the competent authority and the competent authority may post the said officer to the station or if there is no post in that station to the State where the other spouse is posted.
The husband & wife, if working in the same Department and if the required level of post is available, should invariably be posted together in order to enable them to lead a normal family life and look after the welfare of their children especially till the children attain 18 years of age. This will not apply on appointment under the central Staffing Scheme. Where only wife is a Govt. servant, the above concessions would be applicable to the Govt. servant.
It was also directed by DOPT that the cadre controlling authority should strive to post the employee at the station of the spouse and in case of inability to do so, specific reasons, therefore, may be communicated to the employee.
For more details download this DOPT OM F.NO.28034/9/2009-Estt.(A) dated 30.09.2009
Thursday, May 20, 2010
Wednesday, May 19, 2010
Saturday, May 8, 2010
LATEST ON TRANSFERS
THE MUCH AWAITED AGT FOR THE CADRE OF INSPECTORS IS LIKELY TO BE DELAYED FOR ANOTHER THREE WEEKS IN VIEW OF COMMISSIONERS' TRANSFERS. THE TRANSFERS ARE GOING TO BE MADE ONLY BY THE NEW COMMISSIONERS. HOWEVER INTER ZONAL/INTER COMMISSIONERATE TRANSFERS ARE EXPECTED ANY TIME IN THE NEXT WEEK.
Thursday, May 6, 2010
Minutes of the Second Meeting of the National Anomaly Committee
F.N0.11/2/2008-JCA
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated the 4th May, 2010
OFFICE MEMORANDUM
Subject: Minutes of the Second Meeting of the National Anomaly Committee held on 27th March, 2010.
The undersigned is directed to forward a copy of the minutes of the Second Meeting of the National Anomaly Committee held on 27thMarch, 2010 in Conference Hall (Room No. 119), North Block, New Delhi under the Chairmanship of Secretary (Personnel) for information and necessary action.
(Dinesh Kapila)
Deputy Secretary (JCA)
MINUTES OF THE SECOND MEETING OF
NATIONAL ANOMALY COMMITTEE HELD ON
27TH MARCH 2010
*****
The Second meeting of the National Anomaly Committee (NAC) was held on 27th March 2010 in Conference Room No.119, North Block, New Delhi under the Chairmanship of Secretary (Personnel). A list of participants who attended the meeting is annexed.
2.At the outset, the Chairman welcomed the representatives of the Staff Side and Official Side. Referring to the interesting and fruitful discussions held during the first meeting of the NAC on 12th December 2009, the Chairman stated that some progress has been made and stated that action taken on the decisions taken in the first meeting shall be shared with the staff side. The Chairman then suggested that issues pertaining to pensions may be taken up first for discussions as the representatives of the Department of Pension & Pensioners' & welfare had to attend another meeting, although that meeting had been postponed. The Chairman also informed that the 46th Meeting of the National Council (JCM) has been scheduled to be held on 15th May 2010 under the Chairmanship of Cabinet Secretary. The Chairman also reiterated the resolve of the Government to ensure early resolution of all the anomalies by holding meaningful discussions with the staff side. Thereafter, the Chairman invited the Leader and Secretary of Staff Side to make the opening remarks before moving to the agenda items.
3. Leader of the Staff Side Shri M. Raghaviah thanked the Chairman for convening the second meeting of the National Anomaly Committee. He further stated that employees are anxiously waiting for the NAC to produce results. Referring to the anomaly in the date of next increment, Shri. Raghaviah stated that this anomaly should be removed without any further delay. He further stated that action taken on the minutes of the First meeting of NAC should be discussed. Thereafter, Shri Raghaviah drew the attention of the Committee towards the problems emanating from the modified ACP Scheme and requested for early rectification of the same.
4. Secretary of the Staff Side Shri Umraomal Purohit thanked the Chairman and stated that the report of the 6th Pay Commission is absolutely new and therefore, there are certain concerns which must be addressed suitably. Referring to the issue of change in the definition of anomaly which was raised during the first meeting of the NAG, he stated that the Terms of Reference for the NAC constituted after the 5th CPC were jointly agreed. He further stated that this agreed definition of anomaly was changed after the 6th CPC and the Chairman had assured in the last meeting that this should not lead to any problems. However, another related problem anticipated by the staff side is that the present definition would form the basis for formulating the Terms of Reference of the NAC after the 7th CPC and this could lead to problems at that time. Therefore, while currently there may not be any problem due to deletion of the particular para from the definition of anomaly. but in future there could be some dispute regarding the agreed definition of anomaly as generally, the government works on the basis of precedents. He, therefore, requested that this aspect should be recorded in the minutes of the meeting so as to obviate problems I disputes in future. He then referred to the general recommendation of the 6th CPC that all such allowances, in respect of which there was no specific recommendation, should be doubled. He further stated about the recommendation of 6th CPC to discontinue certain allowances like the Patient Care Allowance and Risk Allowance and to introduce new schemes in lieu thereof in consultation with the staff side. He referred to a specific recommendation of the 6th CPC regarding introduction of the Risk Insurance Scheme to replace the Risk Allowance. He suggested that until the new schemes are formulated by the Government, in consultation with the staff side, such existing allowances should be continued and their rates must be doubled in view of the general recommendation of the 6th CPC. Regarding the suggestion the Chairman to first discuss the issues related to pensions, Shri Purohit stated that the staff side has no objection to the same.Regarding the anomalies in the MACP, Shri Purohit suggested that a Joint Committee comprising of members or the official and staff side may be constituted to thoroughly examine the anomalies in the MACP. The recommendations of the Joint Committee can be placed before the NAC for a final decision in the matter. Referring to the various agenda items before the NAC, Shri Purohit also stated that there is a need to work a little faster. Shri Purohit also drew the attention of the Committee to the fact that CCA has been abolished by the 6th CPC by merging it with the Transport Allowance. He stated that prior to this, CCA was treated as ‘Pay’ for all purposes, particularly for calculation of overtime in respect of industrial workers. He was of the view that these kinds of unintentional problems emanating from the 6th CPC report should not be overlooked. In the last, he once again thanked the Chairman and stated that he was sure that all the anomalies would be resolved under ‘ the leadership of Secretary (P).
5. The Chairman stated that the government also recognise the need for faster resolution of all anomalies. The Chairman agreed to the suggestion for creation of a Joint Committee to look into the anomalies related to MACP. The Chairman while acknowledging the new structure and approach of the report of the 6th CPC, re-iterated the suggestion given by him in the first meeting of NAC that in case certain problems and difficulties are being faced due to insufficient understanding with regard to ecommendations of the report of the 6′th CPC, the same may be brought to the notice of the Department of Personnel & Training so that these could be appropriately addressed and clarifications / explanations may be issued / uploaded on the website of the Department in order to obviate the need for future references on such matters. With respect to change in the definition of the agreed definition of anomaly,the Chairman stated that this aspect had already been recorded in the minutes of the first meeting of the NAC and if needed, the same can again be recorded for posterity that the staff side had taken up this issue in the NAC and it was agreed that it would be the endeavour of the Government to ensure that this change does not lead to any problems now or in the future. Regarding the new schemes to replace some of the allowances like Patient care Allowance and Risk Allowance, the Chairman assured the staff side that it would be the endeavour of the Government to ensure that new schemes are introduced only afler consulting the staff side. Regarding continuation of the risk allowance at old rates till the new Risk Insurance Scheme is finalised, the Chairman agreed that this matter will be examined.
6. Thereafter, the staff side raised the issue relating to the revision of the Fixed Medical Allowance (FMA). ‘The representatives of the Department of Pensions and Pensioners’ Welfare informed that a proposal to revise the FMA has been moved and presently the same is under consideration of the Committee of Secretaries. The Chairman stated the he will take up the matter with the cabinet secretary regarding an early decision on the matter.
7. Thereafter, the anomalies as per the agenda were taken up for discussion:
Item No 9: Anomaly in pension for government servants who retired/died in harness between 1 .1.2006 and 1.9.2008
Director,Department of Pension informed that during the first meeting of the NAC, under this item, the issue of non release of second instalment of arrears to the pensioners was raised. It was agreed that Department of Pension will take necessary steps to sort out the problem. Director, Department of Pension informed that in this connection, Secretary (P) took up the matter with the Secretary, Department of Financial Services and the Department of Pension took up the matter with the concerned authorities and now the problem has been resolved. Regarding the issue of release of life time arrears to the family pensioners, director,Department of Pension informed that suitable instructions in this connection already exist. The Chairman suggested that oncerned instructions should be reiterated to ensure speedy release of life time arrears to family pensioners. The item was treated as closed.
ltem Nos. 15. 16, 17 & 21:- Parity/ modified parity in pension/revised pension/familypension of all pre-1996 retirees with those who retired on or after 01 .01.2006.
The Official Side stated that the matter has been examined in detail on the basis of note given by the Staff Side. However, it has not been found feasible to agree to the demand of the Staff Side as revised pension has been fixed strictly in accordance with the rinciples enunciated by the 6th CPC for the same. Director, Department of Pension further informed that the matter was taken up with the Department of Expenditure and it has been decided that the modified parity adopted will stand as the same method was adopted after the implementation of the recommendations of the 5th CPC. However, even after a prolonged discussion in the matter, there was difference of opinion between the Official and the Staff Side. In view of this deadlock, the Chairman stated that the view point the staff side has been understood by the official side and that the official side will take a stand in the matter after taking into account the views expressed by the staff side. He then suggested moving on to the next agenda item.
ltem No.18: Anomaly in Pension of those retiring within the first 9 months of the year 2006..
Director, Department of Pension and Pensioners’ Welfare informed that suitable instructions have already been issued to allow the last pay drawn as the basis of pension calculation for those who retired on or after 1 .1,2006. As the anomaly has already been resolved, it was decided to treat the item as closed.
Item No.19: Revision of pension of those who retired during the period 1.1.2006 to 1.9.2008.
Director, Department of Pension and Pensioners’ Welfare informed that suitable instructions have already been issued to the effect that the benefit of full pension on retirement after 20 years of service has also been extended to employees who retired between 1.1.2006 to 1.9.2008. As the anomaly has already been resolved, it was decided to treat the item as closed.
ltem No.22:- Revision of pension of those who are receiving two pensions.
Director, Department of Pension and Pensioners’ Welfare informed that suitable instructions have already been issued vide O.M. dated 12th 0ctober 2009 to the effect that in respect of persons receiving two pensions, the floor ceiling of basic pension of Rs.3500/- per month shall apply individually. Therefore, it was decided to treat the item as closed.
ltem No.23:- Special provision for those who retired on or after 1.1.2006 but retained pre revised scale of pay.
Director, Department of Pension and Pensioners’ Welfare informed that although such a case has not come to the notice of that Department, however, the matter has been taken up with the Ministry of Finance and the same is under consideration. After detailed discussion, it was decided that the staff side will try to provide specific cases where problems are being faced due to retention of prerevised pay scale. It was also decided to look into the modalities adopted in such cases after the implementation of the recommendations of the 5′th CPC.
ltem Nos.24.25 & 26:-Commutation of pension / additional pension
The staff side stated that the additional amount of pension commutation due to retrospective revision of pay of post 31” December 2005 retirees, should be done on the basis of the then existing (old) commutation table whereas the government has decided that this should be done on the basis of the New Commutation Table recommended by the 6thCPC. The staff side further stated that this dispensation is anomalous and the then existing table should only be used to calculate the amount of the additional commutation of pension becoming due on account of the revision of pay scales. The official side stated that the 6th CPC has recommended that if a pensioner opts for additional commutation of pension due to retrospective revision of pay, then the amount of additional pension commutation should be calculated on the basis of the New Commutation Table. It was further clarified by the official side that if the concerned pensioner did not opt for additional commutation, then the issue of using the new or old table would not come into being. Therefore, the alternative of not opting for the additional commutation is already available to the concerned pensioners if they feel that the revised commutation table is not favourable to them. Moreover, the official side also clarified that as per the scheme of things approved by the cabinet, the revised commutation table is to be used for calculating only the future commutation of pension and will not be applied to the past commutation. In respect of* pensioner who has already commuted the pension, the revised commutation table shall be used only to compute the amount of pension that has become additionally commutable due to retrospective implementation of the revised pay scales. After detailed discussion on the matter, it was decided that as the new dispensation has been formulated strictly in accordance with the recommendations of the 6′th CPC However, there was no consensus on the item and it was decided to move to the next agenda item.
ltem No 36; Income criteria in respect of parent and widowed/ divorced/ unmarried daughters.
The staff side demanded as everyone does not get Dearness Allowance (DA), the limit of Rs.35001- plus DA should be converted into a fixed amount for deciding the income criteria in respect of parent and widowed1 divorced1 unmarried daughters. After detailed discussion, it was agreed that the official side will re-examine the issue.
ltem No.48- Restoration of commutation of pension after 12 years instead of 15 years.
Director, Department of Pension and Pensioners’ Welfare informed that after examining the matter in detail, the 6th CPC has recommended that the existing 15 years period for restoration of pension should be maintained. However, the staff side was of the opinion that the commuted portion of pension is actually recovered by the Government within 12 years and therefore there is a need to have a relook in the matter. The staff side also referred to their calculations in this regard and requested the Official Side to reconsider the matter. After detailed discussion, it was decided that Official Side will re-examine the calculation given by the Staff Side and also the calculations used by the 6′th CPC.
ltem Nos.54 to 59
The official Side informed that item nos. 54 to 59 relate to anomalies pertaining to Union Territory of Puducherry. It was further informed by the Official side that the administration of Puducherry has constituted an Anomaly Committee at the local level. Therefore, it was agreed that these items may be dropped from the agenda of the National Anomaly Committee. However, the staff side also stated that the Anomaly Committee constituted by the Administration of Puducherry should be on the pattern of the departmental anomaly committees and staff side should also be given due representation in the same.
ltem Nos.52 & 53
The Official Side informed that these two items relate to anomalies pertaining to the Union Territory of Andaman & Nicobar Islands and therefore suggested that the same may also be dropped from the agenda of NAC. The Staff Side agreed with the suggestion subject to the condition that some mechanism should be evolved at the local level to discuss these anomalies. The Official Side agreed to take up the matter with the Ministry of Home Affairs.
Aqenda Item Nos. 1 to 4 & 5(iii)- Anomaly in Pay Fixation in case of merger of various Pay Scales.
The Staff Side reiterated their demand that since the pre-revised Pay Scales of Rs.5000-8000/-, Rs.5500-9000/- were merged with the pay scale of Rs.6500-10500, the pay of the incumbents holding the pay scales of Rs.5000-8000/- and Rs.5500-9000 should have been fixed with effect from 1.1.2006 by applying the multiplying factor of 1.86 at Rs.6500/-. The Official Side informed that incumbents in the pre revised pay scale of Rs.6500-10500 have been granted Grade Pay of Rs.4600/- and hence now, there is no justification for this demand. The staff side, however, stated that it would be incorrect to presume that the anomaly has been resolved by granting grade pay of Rs. 4600 to employees in the pre-revised scale of Rs. 6500-10500. The staff side stated that pre-revised pay scales of Rs 5000-8000/- and Rs 5500- 90001- have been merged with the pre-revised pay scale of Rs 6500-10500/- and therefore, employees in these pay scales should be given the minimum of Rs 6500/- multiplied by 1.86 as basic pay in the pay band.
Agenda Item No.5- Revised Pay Rules
(i) Regarding finalisation of option to be given by the employees for the purpose of pay fixation, it was informed by the representatives of the Department of Expenditure that matter regarding delegation of powers to the administrative Ministries/ Departments to allow the revised option is under consideration.
(iv) Regarding anomaly in fixation of pay between direct recruits and promotees, the Staff Side reiterated that while applying Rule 8 of the CCS (RP) Rules, 2008, the pay of direct recruits and new entrants is fixed at a higher stage when compared to the existing employees who were promoted in the same grade. The Staff Side demanded that this anomaly should be rectified by incorporating a provision that in case after 1.1.2006, if a promotee’s pay is getting fixed at a stage lower than that of a direct recruit as given in Section 2 of the First Schedule of the CCS (RP) Rules, then the pay of the promotee should be fixed at the same stage as that of a direct recruit/ new entrant so that the existing employees’ pay is protected at par with the pay given to a new entrant. The Staff Side referred to the orders issued by) the Ministry of Railways for stepping up of the pay of a senior employee who is after promoted after 1.1.2006 and if his / her pay is fixed at a stage less than that of a junior employee who is recruited after 1.1.2006 and requested that Department of Expenditure should issue similar order/clarification in respect of employees of other Ministries/ Departments. The Official Side, however, was of the opinion that such orders should be issued only by the concerned Ministries/ Departments after seeking approval of the Department of Expenditure. Representatives of the Department of Expenditure also informed that the order issued by the Ministry of Railways is not applicable to all the cases and also that the same is applicable only in certain cases subject to fulfilment of certain conditions. Therefore, Representatives of the Department of Expenditure were of the view that a general order in this regard might create more confusion and hence it would be prudent to deal with the issue on case to case basis. In response to the suggestion of the staff side to re-examine the matter, representatives of the Department of Expenditure stated that the matter has already been examined and in cases, where the conditions of stepping up are met, there is no difficulty. However, in cases, where certain conditions are not met, it may not be possible to accommodate the demand of the staff side with the broad principles envisaged by the 6′th CPC in this regard. The staff side than stated that as per the relevant provisions of the Fundamental Rules, anybody who is promoted, his / her pay cannot be fixed at a stage lower than the minimum of the pay scale in which he /she has been promoted. The staff side further stated that any person, who is appointed afresh to a post, is normally appointed at the minimum of that pay scale. Therefore, whatever pay has been prescribed for a direct recruitee, has to be treated as the minimum of that particular post in the concerned pay band. On this basis, the staff side stated that pay of a promotee should not be fixed lower than that of a direct recruitee in a particular pay band. The representatives of the Department of Expenditure stated that as a general preposition, this is not in line with the scheme of things envisaged and implemented as result of the recommendations of the 6th CPC. Therefore, agreeing with the demand of the staff side would mean departing from the general recommendations of the 6′h CPC and therefore additional information is required before taking any decision on this matter. In this regard the staff side contended that it is a question of relevant Fundamental Rules and not regarding the recommendations of the 6th CPC. The Staff Side insisted that provisions of the Fundamental Rules are statutory and therefore, they are above the recommendations of the 6′h CPC and would prevail over them. Representatives of the Department of Expenditure stated that as per Rule 15 of the CCS (RP) Rules, 2008, the provisions of CCS (RP) Rules 2008 shall prevail in case there is any inconsistency between these rules and Fundamental Rules and therefore, the contention of the Staff Side regarding inconsistency with the Fundamental Rules and provisions regarding fixation of pay on promotion is not correct. After a prolonged discussion on the matter, it was decided that the Official Side will re-examine the matter.
(v) Regarding the anomaly relating to Rule 9 of the CCS (RP) Rules, 2008, concerning the date of next increment, the Staff Side reiterated their demand that employees whose date of next increment falls between 1st February to 1st June may be given an increment, as a onetime measure, in the pre revised pay scales on 1.1.2006 as has already been done in respect of employees whose next date of increment was 1.1.2006. The representatives of the Department of Expenditure stated that it is important to first examine the repercussions of granting an increment w.e.f 1. 1. 2006 in the pre revised pay scale because such a decision may eventually lead to certain other anomalies. After a long discussion, it was agreed that the Official Side would re- examine the matter and either suitable clarification in this regard will be issued before the next meeting of the National Anomaly Committee or if there is a need, the Department of Expenditure shall discuss the matter again with the representatives of the Staff Side.
(vii) The issue regarding temporary status casual labourers was discussed. The Staff Side stated that the temporary status casual labourers should be imparted the requisite training and granted grade pay of Rs.1800/- w.e.f. 1.1.2006. In this connection, the Official Side informed that the Department of Personnel & Training has already taken up the matter with all Ministries/ Departments and information has been called from all Ministries / Departments regarding the number of temporary status casual labourers and the proposals relating to three Ministries/ Departments have already been cleared. It was also informed that no proposal of any Ministry/ Department is pending with the Department of Personnel & Training. Therefore, the required action has already been initiated in this regard. Agenda Item No.47: Date of Annual Increment in EOL cases The Staff Side stated that after the implementation of the recommendations of the 6′h CPC, the date of annual increment in respect of all the employees has been fixed as 1st July every year. In this regard, the Staff Side drew attention towards a clarification given by the Department of Personnel & Training to the Ministry of Defence that in case of qualifying service of less than six months has been rendered between 1st January and 30′ June of every year on account of EOL, this will have the effect of postponing one’s increment to 1′ July of next year. The Staff Side stated that this is quite an anomalous situation and requested that this anomaly should be removed at the earliest. After a detailed discussion on this subject, it was agreed that if an employee has rendered minimum of six months of qualifying ’service during a particular year, he or she should be entitled to get the annual increment on 1st July. It was also agreed that Official Side would issue appropriate instructions in this regard at the earliest.
8. In the end, the chairman thanked the members of the staff side for their help and cooperation for a rigorous and fruitful discussion. The Chairman reemphasised that the staff side should proactively share with the official side the queries about the report of the 6th CPC so that explanatory notes / clarifications etc. could be prepared and uploaded on the website of the Department of Personnel and Training. The Chairman also requested the Staff Side to quickly forward the names of the representatives of the staff side to be nominated as members in the Joint Committee on MACP so that the order regarding constitution of the Joint Committee could be issued. The Chairman then suggested that the next meeting of the National Anomaly Committee could be convened in the last week of June 2010. The staff side agreed with this suggestion.
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated the 4th May, 2010
OFFICE MEMORANDUM
Subject: Minutes of the Second Meeting of the National Anomaly Committee held on 27th March, 2010.
The undersigned is directed to forward a copy of the minutes of the Second Meeting of the National Anomaly Committee held on 27thMarch, 2010 in Conference Hall (Room No. 119), North Block, New Delhi under the Chairmanship of Secretary (Personnel) for information and necessary action.
(Dinesh Kapila)
Deputy Secretary (JCA)
MINUTES OF THE SECOND MEETING OF
NATIONAL ANOMALY COMMITTEE HELD ON
27TH MARCH 2010
*****
The Second meeting of the National Anomaly Committee (NAC) was held on 27th March 2010 in Conference Room No.119, North Block, New Delhi under the Chairmanship of Secretary (Personnel). A list of participants who attended the meeting is annexed.
2.At the outset, the Chairman welcomed the representatives of the Staff Side and Official Side. Referring to the interesting and fruitful discussions held during the first meeting of the NAC on 12th December 2009, the Chairman stated that some progress has been made and stated that action taken on the decisions taken in the first meeting shall be shared with the staff side. The Chairman then suggested that issues pertaining to pensions may be taken up first for discussions as the representatives of the Department of Pension & Pensioners' & welfare had to attend another meeting, although that meeting had been postponed. The Chairman also informed that the 46th Meeting of the National Council (JCM) has been scheduled to be held on 15th May 2010 under the Chairmanship of Cabinet Secretary. The Chairman also reiterated the resolve of the Government to ensure early resolution of all the anomalies by holding meaningful discussions with the staff side. Thereafter, the Chairman invited the Leader and Secretary of Staff Side to make the opening remarks before moving to the agenda items.
3. Leader of the Staff Side Shri M. Raghaviah thanked the Chairman for convening the second meeting of the National Anomaly Committee. He further stated that employees are anxiously waiting for the NAC to produce results. Referring to the anomaly in the date of next increment, Shri. Raghaviah stated that this anomaly should be removed without any further delay. He further stated that action taken on the minutes of the First meeting of NAC should be discussed. Thereafter, Shri Raghaviah drew the attention of the Committee towards the problems emanating from the modified ACP Scheme and requested for early rectification of the same.
4. Secretary of the Staff Side Shri Umraomal Purohit thanked the Chairman and stated that the report of the 6th Pay Commission is absolutely new and therefore, there are certain concerns which must be addressed suitably. Referring to the issue of change in the definition of anomaly which was raised during the first meeting of the NAG, he stated that the Terms of Reference for the NAC constituted after the 5th CPC were jointly agreed. He further stated that this agreed definition of anomaly was changed after the 6th CPC and the Chairman had assured in the last meeting that this should not lead to any problems. However, another related problem anticipated by the staff side is that the present definition would form the basis for formulating the Terms of Reference of the NAC after the 7th CPC and this could lead to problems at that time. Therefore, while currently there may not be any problem due to deletion of the particular para from the definition of anomaly. but in future there could be some dispute regarding the agreed definition of anomaly as generally, the government works on the basis of precedents. He, therefore, requested that this aspect should be recorded in the minutes of the meeting so as to obviate problems I disputes in future. He then referred to the general recommendation of the 6th CPC that all such allowances, in respect of which there was no specific recommendation, should be doubled. He further stated about the recommendation of 6th CPC to discontinue certain allowances like the Patient Care Allowance and Risk Allowance and to introduce new schemes in lieu thereof in consultation with the staff side. He referred to a specific recommendation of the 6th CPC regarding introduction of the Risk Insurance Scheme to replace the Risk Allowance. He suggested that until the new schemes are formulated by the Government, in consultation with the staff side, such existing allowances should be continued and their rates must be doubled in view of the general recommendation of the 6th CPC. Regarding the suggestion the Chairman to first discuss the issues related to pensions, Shri Purohit stated that the staff side has no objection to the same.Regarding the anomalies in the MACP, Shri Purohit suggested that a Joint Committee comprising of members or the official and staff side may be constituted to thoroughly examine the anomalies in the MACP. The recommendations of the Joint Committee can be placed before the NAC for a final decision in the matter. Referring to the various agenda items before the NAC, Shri Purohit also stated that there is a need to work a little faster. Shri Purohit also drew the attention of the Committee to the fact that CCA has been abolished by the 6th CPC by merging it with the Transport Allowance. He stated that prior to this, CCA was treated as ‘Pay’ for all purposes, particularly for calculation of overtime in respect of industrial workers. He was of the view that these kinds of unintentional problems emanating from the 6th CPC report should not be overlooked. In the last, he once again thanked the Chairman and stated that he was sure that all the anomalies would be resolved under ‘ the leadership of Secretary (P).
5. The Chairman stated that the government also recognise the need for faster resolution of all anomalies. The Chairman agreed to the suggestion for creation of a Joint Committee to look into the anomalies related to MACP. The Chairman while acknowledging the new structure and approach of the report of the 6th CPC, re-iterated the suggestion given by him in the first meeting of NAC that in case certain problems and difficulties are being faced due to insufficient understanding with regard to ecommendations of the report of the 6′th CPC, the same may be brought to the notice of the Department of Personnel & Training so that these could be appropriately addressed and clarifications / explanations may be issued / uploaded on the website of the Department in order to obviate the need for future references on such matters. With respect to change in the definition of the agreed definition of anomaly,the Chairman stated that this aspect had already been recorded in the minutes of the first meeting of the NAC and if needed, the same can again be recorded for posterity that the staff side had taken up this issue in the NAC and it was agreed that it would be the endeavour of the Government to ensure that this change does not lead to any problems now or in the future. Regarding the new schemes to replace some of the allowances like Patient care Allowance and Risk Allowance, the Chairman assured the staff side that it would be the endeavour of the Government to ensure that new schemes are introduced only afler consulting the staff side. Regarding continuation of the risk allowance at old rates till the new Risk Insurance Scheme is finalised, the Chairman agreed that this matter will be examined.
6. Thereafter, the staff side raised the issue relating to the revision of the Fixed Medical Allowance (FMA). ‘The representatives of the Department of Pensions and Pensioners’ Welfare informed that a proposal to revise the FMA has been moved and presently the same is under consideration of the Committee of Secretaries. The Chairman stated the he will take up the matter with the cabinet secretary regarding an early decision on the matter.
7. Thereafter, the anomalies as per the agenda were taken up for discussion:
Item No 9: Anomaly in pension for government servants who retired/died in harness between 1 .1.2006 and 1.9.2008
Director,Department of Pension informed that during the first meeting of the NAC, under this item, the issue of non release of second instalment of arrears to the pensioners was raised. It was agreed that Department of Pension will take necessary steps to sort out the problem. Director, Department of Pension informed that in this connection, Secretary (P) took up the matter with the Secretary, Department of Financial Services and the Department of Pension took up the matter with the concerned authorities and now the problem has been resolved. Regarding the issue of release of life time arrears to the family pensioners, director,Department of Pension informed that suitable instructions in this connection already exist. The Chairman suggested that oncerned instructions should be reiterated to ensure speedy release of life time arrears to family pensioners. The item was treated as closed.
ltem Nos. 15. 16, 17 & 21:- Parity/ modified parity in pension/revised pension/familypension of all pre-1996 retirees with those who retired on or after 01 .01.2006.
The Official Side stated that the matter has been examined in detail on the basis of note given by the Staff Side. However, it has not been found feasible to agree to the demand of the Staff Side as revised pension has been fixed strictly in accordance with the rinciples enunciated by the 6th CPC for the same. Director, Department of Pension further informed that the matter was taken up with the Department of Expenditure and it has been decided that the modified parity adopted will stand as the same method was adopted after the implementation of the recommendations of the 5th CPC. However, even after a prolonged discussion in the matter, there was difference of opinion between the Official and the Staff Side. In view of this deadlock, the Chairman stated that the view point the staff side has been understood by the official side and that the official side will take a stand in the matter after taking into account the views expressed by the staff side. He then suggested moving on to the next agenda item.
ltem No.18: Anomaly in Pension of those retiring within the first 9 months of the year 2006..
Director, Department of Pension and Pensioners’ Welfare informed that suitable instructions have already been issued to allow the last pay drawn as the basis of pension calculation for those who retired on or after 1 .1,2006. As the anomaly has already been resolved, it was decided to treat the item as closed.
Item No.19: Revision of pension of those who retired during the period 1.1.2006 to 1.9.2008.
Director, Department of Pension and Pensioners’ Welfare informed that suitable instructions have already been issued to the effect that the benefit of full pension on retirement after 20 years of service has also been extended to employees who retired between 1.1.2006 to 1.9.2008. As the anomaly has already been resolved, it was decided to treat the item as closed.
ltem No.22:- Revision of pension of those who are receiving two pensions.
Director, Department of Pension and Pensioners’ Welfare informed that suitable instructions have already been issued vide O.M. dated 12th 0ctober 2009 to the effect that in respect of persons receiving two pensions, the floor ceiling of basic pension of Rs.3500/- per month shall apply individually. Therefore, it was decided to treat the item as closed.
ltem No.23:- Special provision for those who retired on or after 1.1.2006 but retained pre revised scale of pay.
Director, Department of Pension and Pensioners’ Welfare informed that although such a case has not come to the notice of that Department, however, the matter has been taken up with the Ministry of Finance and the same is under consideration. After detailed discussion, it was decided that the staff side will try to provide specific cases where problems are being faced due to retention of prerevised pay scale. It was also decided to look into the modalities adopted in such cases after the implementation of the recommendations of the 5′th CPC.
ltem Nos.24.25 & 26:-Commutation of pension / additional pension
The staff side stated that the additional amount of pension commutation due to retrospective revision of pay of post 31” December 2005 retirees, should be done on the basis of the then existing (old) commutation table whereas the government has decided that this should be done on the basis of the New Commutation Table recommended by the 6thCPC. The staff side further stated that this dispensation is anomalous and the then existing table should only be used to calculate the amount of the additional commutation of pension becoming due on account of the revision of pay scales. The official side stated that the 6th CPC has recommended that if a pensioner opts for additional commutation of pension due to retrospective revision of pay, then the amount of additional pension commutation should be calculated on the basis of the New Commutation Table. It was further clarified by the official side that if the concerned pensioner did not opt for additional commutation, then the issue of using the new or old table would not come into being. Therefore, the alternative of not opting for the additional commutation is already available to the concerned pensioners if they feel that the revised commutation table is not favourable to them. Moreover, the official side also clarified that as per the scheme of things approved by the cabinet, the revised commutation table is to be used for calculating only the future commutation of pension and will not be applied to the past commutation. In respect of* pensioner who has already commuted the pension, the revised commutation table shall be used only to compute the amount of pension that has become additionally commutable due to retrospective implementation of the revised pay scales. After detailed discussion on the matter, it was decided that as the new dispensation has been formulated strictly in accordance with the recommendations of the 6′th CPC However, there was no consensus on the item and it was decided to move to the next agenda item.
ltem No 36; Income criteria in respect of parent and widowed/ divorced/ unmarried daughters.
The staff side demanded as everyone does not get Dearness Allowance (DA), the limit of Rs.35001- plus DA should be converted into a fixed amount for deciding the income criteria in respect of parent and widowed1 divorced1 unmarried daughters. After detailed discussion, it was agreed that the official side will re-examine the issue.
ltem No.48- Restoration of commutation of pension after 12 years instead of 15 years.
Director, Department of Pension and Pensioners’ Welfare informed that after examining the matter in detail, the 6th CPC has recommended that the existing 15 years period for restoration of pension should be maintained. However, the staff side was of the opinion that the commuted portion of pension is actually recovered by the Government within 12 years and therefore there is a need to have a relook in the matter. The staff side also referred to their calculations in this regard and requested the Official Side to reconsider the matter. After detailed discussion, it was decided that Official Side will re-examine the calculation given by the Staff Side and also the calculations used by the 6′th CPC.
ltem Nos.54 to 59
The official Side informed that item nos. 54 to 59 relate to anomalies pertaining to Union Territory of Puducherry. It was further informed by the Official side that the administration of Puducherry has constituted an Anomaly Committee at the local level. Therefore, it was agreed that these items may be dropped from the agenda of the National Anomaly Committee. However, the staff side also stated that the Anomaly Committee constituted by the Administration of Puducherry should be on the pattern of the departmental anomaly committees and staff side should also be given due representation in the same.
ltem Nos.52 & 53
The Official Side informed that these two items relate to anomalies pertaining to the Union Territory of Andaman & Nicobar Islands and therefore suggested that the same may also be dropped from the agenda of NAC. The Staff Side agreed with the suggestion subject to the condition that some mechanism should be evolved at the local level to discuss these anomalies. The Official Side agreed to take up the matter with the Ministry of Home Affairs.
Aqenda Item Nos. 1 to 4 & 5(iii)- Anomaly in Pay Fixation in case of merger of various Pay Scales.
The Staff Side reiterated their demand that since the pre-revised Pay Scales of Rs.5000-8000/-, Rs.5500-9000/- were merged with the pay scale of Rs.6500-10500, the pay of the incumbents holding the pay scales of Rs.5000-8000/- and Rs.5500-9000 should have been fixed with effect from 1.1.2006 by applying the multiplying factor of 1.86 at Rs.6500/-. The Official Side informed that incumbents in the pre revised pay scale of Rs.6500-10500 have been granted Grade Pay of Rs.4600/- and hence now, there is no justification for this demand. The staff side, however, stated that it would be incorrect to presume that the anomaly has been resolved by granting grade pay of Rs. 4600 to employees in the pre-revised scale of Rs. 6500-10500. The staff side stated that pre-revised pay scales of Rs 5000-8000/- and Rs 5500- 90001- have been merged with the pre-revised pay scale of Rs 6500-10500/- and therefore, employees in these pay scales should be given the minimum of Rs 6500/- multiplied by 1.86 as basic pay in the pay band.
Agenda Item No.5- Revised Pay Rules
(i) Regarding finalisation of option to be given by the employees for the purpose of pay fixation, it was informed by the representatives of the Department of Expenditure that matter regarding delegation of powers to the administrative Ministries/ Departments to allow the revised option is under consideration.
(iv) Regarding anomaly in fixation of pay between direct recruits and promotees, the Staff Side reiterated that while applying Rule 8 of the CCS (RP) Rules, 2008, the pay of direct recruits and new entrants is fixed at a higher stage when compared to the existing employees who were promoted in the same grade. The Staff Side demanded that this anomaly should be rectified by incorporating a provision that in case after 1.1.2006, if a promotee’s pay is getting fixed at a stage lower than that of a direct recruit as given in Section 2 of the First Schedule of the CCS (RP) Rules, then the pay of the promotee should be fixed at the same stage as that of a direct recruit/ new entrant so that the existing employees’ pay is protected at par with the pay given to a new entrant. The Staff Side referred to the orders issued by) the Ministry of Railways for stepping up of the pay of a senior employee who is after promoted after 1.1.2006 and if his / her pay is fixed at a stage less than that of a junior employee who is recruited after 1.1.2006 and requested that Department of Expenditure should issue similar order/clarification in respect of employees of other Ministries/ Departments. The Official Side, however, was of the opinion that such orders should be issued only by the concerned Ministries/ Departments after seeking approval of the Department of Expenditure. Representatives of the Department of Expenditure also informed that the order issued by the Ministry of Railways is not applicable to all the cases and also that the same is applicable only in certain cases subject to fulfilment of certain conditions. Therefore, Representatives of the Department of Expenditure were of the view that a general order in this regard might create more confusion and hence it would be prudent to deal with the issue on case to case basis. In response to the suggestion of the staff side to re-examine the matter, representatives of the Department of Expenditure stated that the matter has already been examined and in cases, where the conditions of stepping up are met, there is no difficulty. However, in cases, where certain conditions are not met, it may not be possible to accommodate the demand of the staff side with the broad principles envisaged by the 6′th CPC in this regard. The staff side than stated that as per the relevant provisions of the Fundamental Rules, anybody who is promoted, his / her pay cannot be fixed at a stage lower than the minimum of the pay scale in which he /she has been promoted. The staff side further stated that any person, who is appointed afresh to a post, is normally appointed at the minimum of that pay scale. Therefore, whatever pay has been prescribed for a direct recruitee, has to be treated as the minimum of that particular post in the concerned pay band. On this basis, the staff side stated that pay of a promotee should not be fixed lower than that of a direct recruitee in a particular pay band. The representatives of the Department of Expenditure stated that as a general preposition, this is not in line with the scheme of things envisaged and implemented as result of the recommendations of the 6th CPC. Therefore, agreeing with the demand of the staff side would mean departing from the general recommendations of the 6′h CPC and therefore additional information is required before taking any decision on this matter. In this regard the staff side contended that it is a question of relevant Fundamental Rules and not regarding the recommendations of the 6th CPC. The Staff Side insisted that provisions of the Fundamental Rules are statutory and therefore, they are above the recommendations of the 6′h CPC and would prevail over them. Representatives of the Department of Expenditure stated that as per Rule 15 of the CCS (RP) Rules, 2008, the provisions of CCS (RP) Rules 2008 shall prevail in case there is any inconsistency between these rules and Fundamental Rules and therefore, the contention of the Staff Side regarding inconsistency with the Fundamental Rules and provisions regarding fixation of pay on promotion is not correct. After a prolonged discussion on the matter, it was decided that the Official Side will re-examine the matter.
(v) Regarding the anomaly relating to Rule 9 of the CCS (RP) Rules, 2008, concerning the date of next increment, the Staff Side reiterated their demand that employees whose date of next increment falls between 1st February to 1st June may be given an increment, as a onetime measure, in the pre revised pay scales on 1.1.2006 as has already been done in respect of employees whose next date of increment was 1.1.2006. The representatives of the Department of Expenditure stated that it is important to first examine the repercussions of granting an increment w.e.f 1. 1. 2006 in the pre revised pay scale because such a decision may eventually lead to certain other anomalies. After a long discussion, it was agreed that the Official Side would re- examine the matter and either suitable clarification in this regard will be issued before the next meeting of the National Anomaly Committee or if there is a need, the Department of Expenditure shall discuss the matter again with the representatives of the Staff Side.
(vii) The issue regarding temporary status casual labourers was discussed. The Staff Side stated that the temporary status casual labourers should be imparted the requisite training and granted grade pay of Rs.1800/- w.e.f. 1.1.2006. In this connection, the Official Side informed that the Department of Personnel & Training has already taken up the matter with all Ministries/ Departments and information has been called from all Ministries / Departments regarding the number of temporary status casual labourers and the proposals relating to three Ministries/ Departments have already been cleared. It was also informed that no proposal of any Ministry/ Department is pending with the Department of Personnel & Training. Therefore, the required action has already been initiated in this regard. Agenda Item No.47: Date of Annual Increment in EOL cases The Staff Side stated that after the implementation of the recommendations of the 6′h CPC, the date of annual increment in respect of all the employees has been fixed as 1st July every year. In this regard, the Staff Side drew attention towards a clarification given by the Department of Personnel & Training to the Ministry of Defence that in case of qualifying service of less than six months has been rendered between 1st January and 30′ June of every year on account of EOL, this will have the effect of postponing one’s increment to 1′ July of next year. The Staff Side stated that this is quite an anomalous situation and requested that this anomaly should be removed at the earliest. After a detailed discussion on this subject, it was agreed that if an employee has rendered minimum of six months of qualifying ’service during a particular year, he or she should be entitled to get the annual increment on 1st July. It was also agreed that Official Side would issue appropriate instructions in this regard at the earliest.
8. In the end, the chairman thanked the members of the staff side for their help and cooperation for a rigorous and fruitful discussion. The Chairman reemphasised that the staff side should proactively share with the official side the queries about the report of the 6th CPC so that explanatory notes / clarifications etc. could be prepared and uploaded on the website of the Department of Personnel and Training. The Chairman also requested the Staff Side to quickly forward the names of the representatives of the staff side to be nominated as members in the Joint Committee on MACP so that the order regarding constitution of the Joint Committee could be issued. The Chairman then suggested that the next meeting of the National Anomaly Committee could be convened in the last week of June 2010. The staff side agreed with this suggestion.
Wednesday, May 5, 2010
Finally the Commissioners' Transfer Orders Issued
Long waited Commissioners' Order has been issued click here for order
Monday, May 3, 2010
LOK SABHA Question for WRITTEN ANSWERS on April 23, 2010
PQ NO. 4665. SHRI MANISH TEWARI
Reply to PQ 4665 dt.23.04.2010
LOK SABHA Question for WRITTEN ANSWERS on April 23, 2010
ANSWER by MINISTER OF STATE IN THE MINISTRY OF FINANCE(S.S. PALANIMANICKAM)
Q.(a) whether Inspectors of Central Excise under the administrative control of the Central Board of Excise and Customs (CBEC) get only one promotion during their entire length of service and that too after putting in 30-35 years in their careers;
A.(a) In Central Board of Excise and Customs (CBEC), the first promotion from the Inspector grade to Superintendent level is under the purview of the respective Chief Commissioners of the zone as the cadre controlling authority. While the actual length of service before first promotion varies zone-wise, in most zones, the Inspectors get their first promotion well before putting in 30-35 years of service. Moreover, 50% of the posts of Assistant Commissioner, which is the second promotion level for Inspector, are filled up by promotion from Superintendent level.
Q.(b) whether Inspectors under the CBDT get 3-4 promotions in their career span and get their first promotion after providing 20 years of service;
A.(b) No, Sir. It is not certain that all Inspectors in Central Board of Direct Taxes (CBDT) get 3-4 promotions in their service career. The exact length of service prior to first promotion depends upon availability of vacancy, suitability of candidates and passing of the departmental examinations; and the time frame differs from region to region.
Q.(c) the reasons for discrimination of one against another recruited through the same Staff Selection Commission (SSC);
A.(c) The promotions of Inspectors in CBEC and CBDT are governed by the respective recruitment rules in these organisations, service conditions and availability of posts for promotion and thus no question of discrimination may arise.
Q.(d) whether a report on staff rationalisation in the CBEC was submitted on 15.12.2008;
A.(d) Yes Sir.
Q.(e) if so, the details thereof and action taken thereon; and
(e) High Powered Committee recommendations related to restructuring and upgradation for posts of Superintendents, Central Excise and Superintendents, Customs (Preventive), which form one set of input for the ongoing cadre review exercise.
Q.(f) whether CBEC has a time bound action plan to create smaller divisions headed by Assistant Commissioners/ Deputy Commissioners to effectively monitor revenue interests by plugging the leakage points and collecting more arrears?
A.(f) Creation of more divisions and reorganisation is a continuous iterative process. Presently, it forms a part of the ongoing cadre review exercise.
Central Board of Excise and Customs
Reply to PQ 4665 dt.23.04.2010
LOK SABHA Question for WRITTEN ANSWERS on April 23, 2010
ANSWER by MINISTER OF STATE IN THE MINISTRY OF FINANCE(S.S. PALANIMANICKAM)
Q.(a) whether Inspectors of Central Excise under the administrative control of the Central Board of Excise and Customs (CBEC) get only one promotion during their entire length of service and that too after putting in 30-35 years in their careers;
A.(a) In Central Board of Excise and Customs (CBEC), the first promotion from the Inspector grade to Superintendent level is under the purview of the respective Chief Commissioners of the zone as the cadre controlling authority. While the actual length of service before first promotion varies zone-wise, in most zones, the Inspectors get their first promotion well before putting in 30-35 years of service. Moreover, 50% of the posts of Assistant Commissioner, which is the second promotion level for Inspector, are filled up by promotion from Superintendent level.
Q.(b) whether Inspectors under the CBDT get 3-4 promotions in their career span and get their first promotion after providing 20 years of service;
A.(b) No, Sir. It is not certain that all Inspectors in Central Board of Direct Taxes (CBDT) get 3-4 promotions in their service career. The exact length of service prior to first promotion depends upon availability of vacancy, suitability of candidates and passing of the departmental examinations; and the time frame differs from region to region.
Q.(c) the reasons for discrimination of one against another recruited through the same Staff Selection Commission (SSC);
A.(c) The promotions of Inspectors in CBEC and CBDT are governed by the respective recruitment rules in these organisations, service conditions and availability of posts for promotion and thus no question of discrimination may arise.
Q.(d) whether a report on staff rationalisation in the CBEC was submitted on 15.12.2008;
A.(d) Yes Sir.
Q.(e) if so, the details thereof and action taken thereon; and
(e) High Powered Committee recommendations related to restructuring and upgradation for posts of Superintendents, Central Excise and Superintendents, Customs (Preventive), which form one set of input for the ongoing cadre review exercise.
Q.(f) whether CBEC has a time bound action plan to create smaller divisions headed by Assistant Commissioners/ Deputy Commissioners to effectively monitor revenue interests by plugging the leakage points and collecting more arrears?
A.(f) Creation of more divisions and reorganisation is a continuous iterative process. Presently, it forms a part of the ongoing cadre review exercise.
Central Board of Excise and Customs
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