Sunday, November 30, 2014

Defence Minister Reaffirms Commitment on OROP

Responding to a letter from Mr. Chandrasekhar MP about the delay in the implementation of OROP, the Defence Minister has responded reaffirming the commitment of the Government on OROP and has stated that modalities are being examined with the highest consideration.

Text of Letter from Mr. Chandrasekhar & Response from Defence Minister reproduced below:-

Response from Defence Minister

MINISTER OF DEFENCE
INDIA

DO No. 12(15)/2014/D (Res.II)/3529-F/RM/14
08 October, 2014

Dear Shri Rajeev Chandrasekhar,

This is in continuation of my predecessor’s DO letter No. 1531/VIP/RM/2014 dated 13.06.2014 in response to your letter dated 09.06.2014 regarding the issues concerning Welfare of Armed Forces Veterans and their families.

The matter has been examined. The Government is committed to the implementation of the principle of One Rank One Pension. The modalities for implementation are presently under consideration. The definition of OROP as mentioned in para (a) of your letter is the same as has been conveyed to CGDA. A Working Group was set up under CGDA  with representation from the three Services and concerned Departments of Ministry of Defence which had several rounds of discussions on the modalities but were unable to reach a consensus. I assure you that the matter is receiving our highest consideration.

The matter regarding construction of a National War Memorial is being processed on priority. Regarding National Commission for War Memorials as M/o Defence has no policy to set up or support war memorials at regional level, there is no proposal to constitute such a Commission.

The Government has created the Department of Ex. Servicemen Welfare in the Ministry of Defence in 2004 in order to pay focused attention to the welfare and resettlement of ESM. It is mandated to formulate and implement various policies and schemes for the welfare and resettlement of Ex. Servicemen in the country. The main focus is on the welfare of Ex. Servicemen and their dependents, ESM resettlement through pre and post retirement training, re- employment, self-employment and health care. The tasks are being undertaken through the Directorate General Resettlement, Central Organisation ECHS and Kendriya Sainik Board.

The State Governments are also obliged to cater to the needs of ESM & their widows and have set up Zila Sainik Boards & Rajya Sainik Boards for the purpose. They are providing various benefits to them.

There is, therefore, no proposal to introduce an Armed Forces Covenant.

With regards,
Yours sincerely
sd/-
(Arun Jaitley)
Shri Rajeev Chandrasekhar

Letter from Mr. Chandrasekhar:-

RAJEEV CHANDRASEKHAR
MEMBER OF PARLIAMENT
RAJYA SABHA
Member of Standing Committee on Finance
Member of Consultative Committee on Finance
Member of Parliamentary Forum on Youth
Co-Chairman, Vigilance 8. Monitoring Committee, Bangalore Urban District
Vice Chairman, National Military Memorial Management Trust, Bangalore

09 June, 2014

Sub. : Caring for our Armed Forces who are serving our Nation

Congratulations on assuming the office of the Defence Minister of India.

You are well aware of the service and sacrifices made by our Armed forces personnel who are protecting the nation at the borders as well as fighting enemies within. Through this letter, I would like to draw your attention to some of the important issues concerning the welfare of our Armed Forces veterans, which need to be addressed at the earliest:

1. One Rank, One Pension (OROP)
There is an urgent need for the new government to address the concerns and apprehensions of the large Veteran and Ex-Servicemen community about a decision taken by the UPA government on the implementation of OROP.

a) The Order issued by the Ministry of Defence to the Controller General Defence Accounts (CGDA) dated 26 February, 2014, on the implementation of OROP, does not mention the accepted definition of OROP i.e., "OROP implies that uniform pension be paid to the Armed Forces personnel retiring in the same rank with the same length of service, irrespective of their date of retirement, and any future enhancement in the rates of pension to be automatically passed on to the past pensioners. This implies bridging the gap between the rate of pension of the current pensioners and the past pensioners, and also future enhancements in the rate of pension, to be automatically passed on to the past pensioners".

b) The Order does not mention the execution order i.e., "pensions of past defence retirees will be equal to that of a person with same rank and length of service and same group retiring w.e.f. 01 Apr 2014, and future enhancement in the rates of pensions will be automatically passed to the past pensioners”.

Given the past experience, the Veterans, ex-servicemen and their families fear that failure to clearly define OROP in this Order to CGDA will open the issue to wrong interpretation.

Therefore, I urge the Government to issue a further explicit clarification to the Defence Ministry’s order to CGDA on the points raised above, at the earliest.

2. National Military Memorial in Delhi and a National Commission for War Memorials of India

The long standing demand of the Armed Forces for a National Military Memorial in Delhi, to honour the past, current and future soldiers who serve and lay down their lives for the country, continues to remain unresolved.

Such a memorial will be a befitting tribute and a symbol of grateful thanksgiving and honour from the citizens of the country to these brave men and women of our Armed Forces, who risk life and limb in their line of duty. It is also a place for the families and descendants of these heroes to visit and remember with pride and honour the sacrifices made. Importantly, such a memorial will serve as a beacon of inspiration to the young and upcoming generation of India - a generation in whom we are bestowing so much hope for the future of our great country.

Additionally, I also urge the Government to institute a National Commission for War Memorials of India - along the lines of the Commonwealth Trust War Graves Commission - to address the pathetic situation of the war memorials in existence in the country - at the earliest.

3. Armed Forces Covenant
The nation's commitment to respect and support its Armed Forces is an unwritten pact between society and the Armed Forces, and this pact has been reinforced by custom and convention since time immemorial. Centuries ago, Kautilya, the great political strategist, wrote to Chandragupta Maurya on the importance of having a pact between society and military: ”The day the soldier has to demand his dues will be a sad day for Magadha. For then on that day, you will have loss all moral sanction to be king”.

Therefore, the country needs to demonstrate its commitment to the well-being of the members of our armed forces and their families. It is the duty of the nation to ensure that the Armed Forces personnel and their families have the support they need and are treated fairly and with the dignity and respect that they deserve.

As you are aware, a military covenant is an agreement under which the state pledges a duty of care towards its military personnel in return for the sacrifices that they make, The covenant officially applies only to the Army, but its core principles are taken to extend to the Air Force and the Navy.

The Government should seriously consider introducing an Armed Forces Covenant. As I had mentioned in my letter to you dated 05 June, 2014, l have introduced a Private Members' Bill which the government could consider adopting as a Bill/law. Such a law/legislation would instill a sense of
encouragement in the personnel of the Armed Forces, and will go a long way in assuring them that the nation truly values their sacrifices & services.

The Armed Forces constitutes a truly unique and dedicated group of people, whose sense of selfless service, duty and nationalism is a matter of great pride and dignity. These proud men and their families have served our nation selflessly, with a certain belief that the nation and their people will look after them when their turn comes to be looked after.

I urge you to look into and resolve these long pending and rightful demands of our Armed Forces and veterans, at the earliest.

Yours Sincerely,

RAJEEV CHANDRASEKHAR

Shri Arun Jaitley
Hon'ble Minister of Defence
Government of India
New Delhi

Source: http://desanavy.wordpress.com/2014/11/28/defence-minister-reaffirms-commitment-on-orop/


Financial approval for CGHS dispensary in Shimla

GOVERNMENT OF INDIA
MINISTRY OF  FINANCE
RAJYA SABHA
QUESTION NO  243
ANSWERED ON  25.11.2014

Financial approval for CGHS dispensary in Shimla

243 Shri P. Bhattacharya
Will the Minister of FINANCE be pleased to satate :-

(a) whether the Ministry has received any proposal from the Ministry of Health and Family Welfare for financial approval for opening a new CGHS dispensary at Shimla in Himachal Pradesh; and

(b) if so, the details thereof and the action taken by the Ministry?

ANSWER
 
MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI JAYANT SINHA )


(a) & (b): No, Sir. Department of Expenditure has not received any proposal from Ministry of Health and Family Welfare for financial approval for opening a new CGHS dispensary at Shimla in Himachal Pradesh.

Source: Rajyasabha.nic.in


Filed Under:

Tuesday, November 18, 2014

DA MERGER * INTERIM RELIEF * DATE OF EFFECT OF 7TH CPC RECOMMENDATIONS FROM 01.01.2014 * INCLUSION OF GDS IN 7TH CPC ETC.

CONFEDERATION INTENSIFIES STRUGGLE

MASS SQUATTING

On 18th November 2014

Minimum 3000 Central Government Employees will participate at all state capitals to protest against the negative attitude of the NDA Government towards the demands of Central Government Employees. Make it a grand success.

M. Krishnan
Secretary General
Confederation of Central
Government Employees & Workers
Mob: - 09447068125
Email: mkrishnan6854@gmail.com

Source:Confederation







Payments on the basis of Life Certificate

OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSION) 
DRAUPADI GHAT, ALLAHABAD- 211014
Important Circular No.176
Dated: 17.11.2014
Subject: Payments on the basis of Life Certificate 

Provisions regarding payment of pension to defence pensioner/family pensioners on the basis of Life Certificates are provided in Defence Pension Payment Instructions 2013.

2. As per the extant procedure, pensioner who does not appear in person for one or other reasons can produce a Life Certificate as in Form No. 5 of Appendix 11 to DPPI 2013 from one of the authorities mentioned at items I to XIX of para 69 of ibid Instructions during the month of November every year. Similar provisions are available in Scheme for payment of pensions of Defence Pensioners by Public Sector Banks. This causes hardship particularly to those who are aged and/or infirm Pensioners. Besides, the existing system is prone to misuse by way of fraudulent withdrawls causing loss to the exchequer.

3. To overcome above causes /situation, the Department of Electronics & IT, Ministry of Communications & IT, Government of India has developed “Jeevan Pramaan Digital Life Certificate” Portal (jeevanpramaan.gov.in).

4. In view of the above, it has been decided that with immediate effect a Life Certificate issued online by a Government Agency as a result of Aadhaar Biometric Authentication will also be accepted as a valid certificate. This document may be accessed through a website ( to be notified separately) by the Pension Disbursing Agency without insisting either on personal appearance of the pensioner or Life Certificate by the competent authority referred above.

No. AT/Tech/ 30/XVI
Dated: 17.11.2014

(B.Mukhopadhyay)
ACDA (P)

Source: http://pcdapension.nic.in/6cpc/Circular-176.pdf

Monday, November 17, 2014

Inclusion of eligible officers who are due to retire before the likely date of vacancies, in the panel for promotion

NO. 22011/1/2014-Estt(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi – 110001
Dated- 14th November, 2014

OFFICE MEMORANDUM

Subject: – Inclusion of eligible officers who are due to retire before the likely date of vacancies, in the panel for promotion-Regarding.

The undersigned is directed to invite reference to the Department of Personnel and Training Office Memorandum No. 2201114/98-Estt(D) dated October 12, 1998 regarding consideration of retired employees who were within the zone of consideration in the relevant year(s) but are not actually in service when the DPC is being held. The said OM provides as follows:

“……..There is no specific bar in the aforesaid Office Memorandum dated April 10, 1989 or any other related instructions of the Department of Personnel and Training for consideration of retired employees, while preparing year-wise panel(s), who were within the zone of consideration in the relevant year(s). According to legal opinion also it would not be in order if eligible employees, who were within the zone of consideration for the relevant year(s) but are not actually in service when the DPC is being held, are not considered while preparing year-wise zone of consideration/panel and, consequently, their juniors are considered (in their places), who would not have been in the zone of consideration if the DPC(s) had been held in time. This is considered imperative to identify the correct zone of consideration for relevant Year(s). Names of the retired officials may also be included in the panel(s). Such retired officials would, however, have no right for actual promotion. The DPC(s) may, if need be, prepare extended panel(s) following the principles prescribed in the Department of Personnel and Training Office Memorandum No.22011/8/87-Estt.(D) dated April 9, 1996.”

2. Appointment Committee of Cabinet has observed that DPCs often do not consider such eligible officers who are retiring before the occurrence of the vacancy in the panel year. These undesirable trends negate the very purpose of the above said Office Memorandum No. 22011/4/98-Estt(D) dated October 12, 1998 and it is also against the principle of natural justice.

3. All the Ministries/Departments are therefore advised to ensure strict compliance of the instructions of the Department of Personnel & Training issued vide this Department’s OM No. 22011/4/98-Estt(D) dated October 12, 1998.

4. These instructions may please be brought out to the notice of all concerned including attached and subordinate offices.

(S.K.Prasad)
Under Secretary to the Govt. of India

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/22011_1_2014-Estt.D-14112014.pdf]

Friday, November 14, 2014

3rd financial upgradation under MACP Scheme.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board) 
No PC-V/2011/M/3/AIRF
New Delhi, dated 13.11.2014
The General Secretary
AIRF
4, State Entry Road,
New Delhi-110055

Sir,
Sub:-3rd financial upgradation under MACP Scheme.


The undersigned is directed to refer to AlRF’s letter No.AlRF/MACP/2014 (302), dated 07.10.2014 and to state the matter has already been consulted with DoP&T, the nodal department of Govt. on MACPS, and they have advised as under:

As regards the Order dated 31.05.2011 in CA No. 1038/CH/2010 (Raj Pal vs UOI) of Hon’ble CAT, Chandigarh which was upheld by the High Court and Apex Court, it may be stated that the Apex Court has not considered the issue on merit. The said SLP was dismissed due to insufficient explanation to condone the delay in the filing of the SLP. As regards implementation of CAT Order dated 9.5.2012 in GA No. 141/2012, the administrative Department was advised for implementation for the petitioners only subject to outcome of Review Petition in view of Contempt case. It may also be stated that generally the judgments passed by Hon’ble Tribunals/Courts are applicable/implemented to the specific case, unless there is any direction for similar dispensation to be extended to similarly placed persons. Hence, the above Orders pronounced favoring the applicants by the Tribunal/Courts and implemented on attaining finality or due to contempt or due to any other reason may be taken as exceptions/aberration.
In the matter, DOP&T have advised to maintain status quo with regard to the provisions for grant of MACPS benefits. It may be clarified that financial upgradations under MACPS would continue to be granted in the successive grade pay in the hierarchy of recommended revised pay band and grade pay as given in Section 1, Part-a of the first Schedule of the Railway Services (Revised Pay), Rules, 2008 and not in the promotional hierarchy, where functional promotion are allowed in the same Grade Pay, MACP benefits would also be regulated in the Grade Pay only.

Since, DoP&T is the nodal department on MACP Scheme and financial upgradation under the Scheme are regulated as per instructions/clarifications issued by them from time to time. In view of the above, it is not feasible to deviate from the instructions issued by the nodal deptt. on the subject viz. DoP&T.

Yours faithfully,
sd/-
for Secretary/Railway

Source: www.airfindia.com
http://www.airfindia.com/Orders%202014/Grant%20of%203rd%20financial%20upgradation%20under%20MACPS.pdf

Payment of Productivity Linked Bonus to all eligible non-gazetted Railway employees for the financial year 2013-2014.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD
RBE No. 126/2014.
No. E(P&A)II-2014/PLB-3
New Delhi, dated : 11.11.2014.
The General Managers/CAOs,
All Indian Railways & Production Units etc.
(As per mailing lists No.1 & 2).

Subject : Payment of Productivity Linked Bonus to all eligible non-gazetted Railway employees for the financial year 2013-2014.

Board’s letter of even number dt. 26.09.2014 and 05.11.2014 on the above mentioned subject may be referred to. Vide Board’s letter of even no. dated 05.11.2014 the provisional sanction for payment of PLB for 78 days was regularised.

However. queries are being raised whether the wage calculation ceiling limit of‘ Rs. 3500/- p.m. had been removed. It is hereby clarified that there is no change in the wage calculation ceiling limit of Rs. 3500/- pm. for calculation of PLB.

(K. Shankar)
Director/E(P&A),
Railway Board.

Source: http://www.airfindia.com/Orders%202014/RBE_126.PDF

Wednesday, November 12, 2014

Clarification/Interpretation of Policy Guidelines relating to LARSGESS-AIRF

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

110001, 07.10.2014

No. E(P&A)I-2014/RT-14

Rail Bhavan, New Delhi – 110001, dated 07.10.2014



The General Managers,
All Indian Railways.
NR, New Delhi.

Sub: Clarification/Interpretation of Policy Guidelines relating to LARSGESS.

E(P&A)I Branch of Pay Commission Directorate at Railway Board is the nodal branch to formulate policy/guideline in respect of LARSGESS and also mandated to ensure that the provisions of the scheme is uniformly followed by the Zonal Railways.

2. It has come to the notice that some of the Zonal Railways at local level has taken decision otherwise to implement the scheme of LARSGESS in deviation to the extant guideline issued by Railway Board. While such an option is not open to Zonal Railways, it has not only resulted in irregular appointments but also proliferation of court cases and vigilance cases as well.

3. Kindly note that such a dispensation is not available to Zonal Railways as E(P&A)I Branch of Pay Commission Directorate is alone mandated for interpretation of the Policy on LARSGESS and uniform implementation of the scheme across the Indian Railways.

4. Kindly acknowledge receipt of this letter.

Sd/-
(ROBIN DEKA)
Executive Director Pay Commission-I
Railway Board.

Source: http://www.airfindia.com/Orders%202014/Clarification%20on%20LARSGESS.pdf
Filed Under: , ,

Parity between Assistant, SO of Ordnance Factory and CSS/CSSS Pay Scale: Judgement by HC citing "Equal pay for Equal Work"

 New pay scale benefits for ordnance staff too: HC

UNIFORMITY Citing ‘equal pay for equal work’ principle, Delhi High Court tells Centre to grant pay parity to ordnance factory employees

Employees at Ordnance Factories (OF) – who have been contesting their omission from the benefits of the sixth pay commission for over seven years have finally more than one reason to rejoice.

Reining in the principle of ‘equal pay for equal work’ at public offices, the Delhi High Court has directed the Centre to grant pay parity to employees in the OF with that of identically ranked official in the Central Secretariat Service (CSS) and Central Secretariat Stenographer’s Service (CSSS).

The direction will be applied retrospectively from 2006 — when the sixth CPC was implemented. Not only this, the HC order will come in handy for the employees of the OF when the seventh central pay commission is implemented.

The HC order came in response to a petition filed by Ordnance Factory Employees Association challenging the decision of the finance ministry declining their request for the assistants working in the OF Board to be given same pay scale as was given to similarly placed officials in CSS, CSSS, Ar my Headquarters, UPSC and other services.

The starting point of discrimination against the employees of the OF Board came soon before the acceptance of recommendation of the sixth CPC when a pay upgradation of employees of CSS and CSSS was made in September 2006.

While the OFs and Armed Forces Head Quarters (AFHQs) — both non-secretariat organization — were excluded from the pay upgradation, the latter took the matter to the Central Administrative Tribunal (CAT) and got an order in its favour.

In the case of OF Board, the central government took the view that since it was a nonattached office working outside the Secretariat, there cannot be parity of pay scales. The OF Board was denied benefit of upgradation and the replacement scales given by the sixth CPC. The CAT, too, took a similar stand and denied any relief to the OF Board.

The matter finally reached the Delhi HC last year and after over a year of deliberation a bench of Justice S Ravindra Bhat and Justice Vipin Sanghi termed the discrimination meted out to the OF Board as “over-classification.”

The HC said the discrimination was illogical and artificial. It also took note that the cadre structure of CSS and CSSS is identical to that of the OF. In all the above organisations, the cadre of upper divisional clerks (UDCs) is filled by the feeder of the cadre of the lower divisional clerks (LDCs).

The cadre of assistants on the OF Board is filled by promotion from the feeder cadre of UDCs with at least five years of experience on regular basis.

“The OF Board was treated historically as equals to CSS/CSSS employees and enjoyed equal pay and all benefits flowing from equal pay,” the high court noted adding, “This was based on the previous four instances of determinations by successive pay commissions that they performed equal work.”

Courtesy:http://aiamshq.blogspot.in/2014/11/blog-post.html