CGGPRA: Clarification regarding the term 'Non-Family Station' in respect of concessional retention of Government Accommodation

CGGPRA: Clarification regarding the term 'Non-Family Station' in respect of concessional retention of Government Accommodation

F.No.12035/4/2015-Poll.II
Government of India
Ministry of Housing and Urban Affairs
Directorate of Estates
Policy-II Section

Nirman Bhavan, New Delhi -110 108
Dated the 1st August, 2018

Office Memorandum

Subject: Clarification regarding the term 'Non-Family Station' in respect of concessional retention given under Rule 43 of CGGPRA Rules, 2017.

In continuation to the OM. of even Number dated 10.4.2018 vide which the concessional retention of General Pool Residential Accommodation at the last place of posting by Central Government Civilian Employees, Centrally Armed Paramilitary Forces employees and officers of All India Services on their posting to a Non-family stations was extended up to 30.06.2021 on payment of normal rate of licence fee, it is further clarified that the term 'Non Family station' includes:

(i) North Eastern Region, Sikkim, Andaman & Nicobar Islands and Lakshadweep, State of Jammu & Kashmir
(ii) Left Wing Extremist (LWE) areas, as declared by Ministry of Home Affairs from time to time.

2. All the other terms and conditions of OM dated 10.4.2018 will remain unchanged.

(Swarnali Banerjee)
Deputy Director of Estates (Policy)

To
1. All Ministries / Department of the Government of India
2. All Officers / Sections in the Directorate of Estates
3. All Regional offices of Directorate of Estates/CPWD
4. On the website of Directorate of Estates
Copy for information to:
1. PS to Hon'ble HUAM
2. PS to MoS(HUA)
3. PSO to Secretary, MoHUA
4. PPS to JS(L&E), MoHUA
5. PS to DE/DE-II
6. AD(OL) for Hindi translation
7. Guard File

Source:estates.gov.in

CHS and Dental Doctors to serve the Govt upto 65 years: Option form & DoHFW OM

CHS and Dental Doctors to serve the Govt upto 65 years: Option form & DoHFW OM

A.12034/4/2018-CHS.V
Government of India
Ministry of Health and Family Welfare
Department of Health and Family Welfare

Nirman Bhawan, New Delhi
Dated. 13th August, 2018

OFFICE MEMORANDUM

SUBJECT- FUNDAMENTAL (SECOND AMENDMENT) RULES, 2018 - OPTION TO BE SUBMITTED BY CHS AND DENTAL DOCTORS TO SERVE THE GOVERNMENT UPTO 65 YEARS - Reg.

The undersigned is directed to forward herewith the Department of Personnel and Training's notification No. GSR 767(E) published in the Gazette Of lndia dated 11.08.2018 vide which the age of superannuation in respect of the doctors belonging to Central Government and Central Government entities including Central Health Service (CHS) and dental doctors under the Department of Health and Family Welfare shall be 62 years unless they exercise the Option of posting to teaching/ clinical/ patient care/implementation of health programmes/ Public Health Programmes and functions and other areas/functions including advisory and consultancy etc. depending on their expertise and experience as decided by the competent authority from time to time, in case they desire to continue in their service upto the age of 65 years.

2. in pursuance to the above mentioned notification, it has been decided that the option in the prescribed format may be submitted by the doctors of Central Health Service and dental doctors under the Department of Health and Family Welfare who have already attained the age of 62 years or attaining the age of 62 years within 6 months from the date of publication of these amendment rules dated 11.08.2018 for their further posting to teaching/ clinical/ patient care/implementation of health programmes/ Public Health Programmes and functions and other areas/functions including advisory and consultancy etc depending on the field of their expertise/experience, in case they desire to continue in the service upto the age of 65 years.

3. The serving doctors belonging to the CHS and dental doctors of Department of Health and Family Welfare who have already attained the age Of 62 years or attaining the age of 62 years within 6 months from the date of publication of these amendment rules dated 11.08.2018 may exercise their option for posting to teaching/ clinical/ patient care/implementation of health programmes/ Public Health Programmes and functions and other areas/functions including advisory and consultancy etc depending on the field of their expertise/experience, within a period of 30 days from the date of commencement of the Fundamental (Second Amendment) Rules, 2018.

4. The doctors working in Organisations /Hospitals/Institutions, etc. under the administrative control Of the Department of Health and Family Welfare, Government of indie and meeting the criteria mentioned in para 3 above may furnish their option through their respective Heads of Organisations Hospitals/institutions, etc. within the period specified in para 3 above to the Joint Secretary (CHS), Department of Health and Family Welfare, Nirman Bhawan, New Delhi-110001.

5. The serving doctors belonging to the CHS and dental doctors of Department of Health and Family Welfare who fail to exercise the option with regard to their continuation in service upto 65 years as mentioned in para 3 above shall stand superannuated from their service on attaining the age Of 62 years or on expiry of 30 days, as the case may be, from the date of commencement of the Fundamental (Second Amendment) Rules, 2018 dated 11.08.2018 whichever is later.

6. As this will be an ongoing process, the heads of Organisations, Hospitals / Institutions under the Department of Health and Family Welfare should send the ‘option’ to be submitted by the doctors who are going to attain the age of 62 years, in the prescribed format 6 months in advance, to this department i.e. to Joint Secretary (CHS), Department of Health and Family Welfare, Nirman Bhawan, New Delhi. The doctors who fail to exercise the ‘option’ with regard to their continuation in service upto 65 years as mentioned in para 3 above and within the period specified above, shall stand superannuated from their service on attaining the age of 62 years.

7. The other Ministries/Department etc, concerned with the implementation of the Union Cabinet decision dated 27.06.2018 concerned with the implementation of the decision and are covered by the provisions of FR56(bb) are hereby provided a copy of the notification amending FR56(bb). A copy of Option Form prescribed for the doctors of CH8 and Dental doctors of MoHFW is enclosed for reference / guidance.

8. These instructions are available on this Department’s website i. e. www.mohfw.gov.in

9. These instructions may be brought to the notice of all concerned including doctors of CHS and dental doctors under the Department of Health and Family Welfare.

ENCLS:
(I) DOPT Notification GSR 767(E) DATED 11.8.2018
(II) COPY OF OPTION FORMAT

(S.C.Rajeev)
Director

OPTION FOR CONTINUING SERVICE UPTO 65 YEARS BY DOCTORS OF CENTRAL HEALTH SERVICE ON ATTAINING 62 YEARS OF AGE

SL NO.	DETAILS
01	Name
02	Employee Code
04	Date of Birth
05	Educational Qualification
06	Telephone No. (Office) (Resi.) (Mobile)
07	E-mail ID
08	Present Address
09	Permanent Address

2. In pursuance of Ministry of Health and Family Welfare’s O.M. No. A-12034/4/2018-CHS-V, dated: 13.08.2018 and Department of Personnel and Training’s notification No. GSR 767(E) dated 11.08.2018 I,
Dr.___________________________, working as ___________________________ in the sub cadre of GDMO/Teaching/Non-Teaching/Public Health of Central Health Service have already attained the age of 62 years on ______________/going to attain the age of 62 years on ________________, am exercising the option to be posted to Teaching/Clinical/Patient Care/ Implementation of Health Programmes/ Implementation of Public Health programmes including advisory, consultancy, etc as given under:-.

SL NO.	OPTION	PREFERENCE OF OPTION (TO BE INDICATED FROM 1 TO 7)
01	Teaching
02	Clinical
04	Patient Care
05	Implementation of Health Programmes
06	Implementation of Public Health programmes
07	Advisory
08	Consultancy

3. I am aware that I will be considered for posting to posts other than administrative posts at the desired field as per my option indicated subject to availability of vacancy and administrative convenience and as decided by the Competent Authority. Further, I shall not stake any claim for posting to any additional administrative posts notified in future. I also understand that my continuation in service is subject to Government of India rules/instructions, etc issued from time to time.

(Signature of the Officer)
Name ...........................
Stamp............/Date.......

Source: mohfw.gov.in

Chennai CSD Maruti Baleno, Ciaz & X-Cross Price List - Updated July 2018

Chennai CSD Maruti Baleno, Ciaz & X-Cross Price List - Updated July 2018

The updated price list of Maruti Cars avilable in Chennai Depot as on July 2018

Prices based on Chennai Depot: All models of Maruti Cars rates and Contact details of Tamil Nadu
Dealers.

Eligible Customers are advised to get availability certificate from dealer before indent.

Payment through netbanking to SBI account of CSD Chennai, SBI Account Number:10885904527 IFSC Code: SBIN0017843

Zerox copy of pass book entry or statement of the particular transaction should be attached with indent form for payment confirmation.

S.NO	INDEX	MODEL	RATE
1	64061	CIAZ SMART HYBRID ZETA	9,12,743
3	64079	CIAZ DELTA	7,22,569
6	64235	CIAZ ZETA	7,82,292
7	64238	CIAZ SMART HYBRID DELTA	8,27,996
8	64285	CIAZ AUTOMATIC ALPHA	9,36,226
9	64290	BALENO ALPHA	7,55,793
10	64295	BALENO ALPHA PETROL	6,52,805
11	64296	CIAZ ALPHA	8,31,714
12	64297	CIAZ SMART HYBRID ALPHA	9,98,385
15	64309	BALENO DELTA	6,39,871
16	64312	BALENO SIGMA	5,85,018
17	64311	BALENO DELTA PETROL	5,39,013
18	64315	BALENO ZETA PETROL	5,91,593
19	64316	CIAZ SAMART HYBRID SIGMA	8,21,165
20	64318	CIAZ VXI(O)	6,87,625
21	64314	BALENO ZETA	6,93,360
22	64313	BALENO SIGMA PETROL	4,81,733
23	64721	CIAZ AUTOMATIC ZETA	8,37,067
24	64722	CIAZ AUTOMATIC DELTA	8,27,086
25	64331	MARUTI BALENO RS PETROL	7,48,633
26	64358	MARUTI BALENO ZETA (AUTO) P	6,87,559
27	64310	BALENO DELTA (AUTOMATIC) PETROL	6,34,201
28	64347	BALENO ALPHA (AUTO) PETROL	7,48,852
29	64344	IGNIS ALPHA (PETROL)	5,76,770
30	65206	IGNIS ALPHA DUAL TONE	5,73,715
31	65203	IGNIS DELTA	4,52,670
32	65207	IGNIS DELTA AMT	5,00,835
33	65204	IGNIS ZETA	4,90,384
34	64345	IGNIS ZETA AMT (PETROL)	5,54,131
35	65208	IGNIS ZETA AMT DUAL TONE	5,51,076
36	65205	IGNIS ZETA DUAL TONE	5,01,913
37	64220	MARUTI S-CROSS SMART HYBRID ALPHA	9,97,362
38	64223	MARUTI S-CROSS SMART HYBRID DELTA	8,31,889
39	64307	MARUTI S-CROSS SMART HYBRID SIGMA	7,65,522
40	64077	MARUTI S-CROSS SMART HYBRID ZETA	8,81,097

Grant of financial upgradation under ACP & MACP schemes for the central Government Civilian Employees including Railway employees

NFIR

Grant of financial upgradation under ACP & MACP schemes for the central Government Civilian Employees including Railway employees

No. IV/MACPs/09/part II

Dated: 21/08/2018

The Secretary / DoP&T
(Department of personnel PG & pension),
Department of personnel & Training,
North Block,
New Delhi.

Dear Sir,

Sub: Grant of financial upgradation under ACP & MACP schemes for the central Government Civilian Employees including Railway employees - reg.

Ref: (i)  Dop&T oM No.35034/1/97-Estt (D) dated 09/08/1999.
        (ii) Dop&T oM No.35034/3/2008-Estt (D) dated 19/05/2009.

NFIR invites kind attention to the OM dated 09/08/1999 wherein the Government of India (DoP&T) had introduced 'Assured career Progression Scheme' (ACPs) for the central Government civilian Employees pursuant to the recommendation of 5th central pay commission. The ACP Scheme was made effective in the Central Government departments from 1999. The ACP Scheme remained functional until 31/08/2008 (as clarified by the DoP&T vide para 9 its OM dated 19/05/2009) due to the fact that the 'Modified Assured Carrer Progression Scheme' was introduced by the DoP&T, replacing ACPS w.e.f. 01/09/2008, pursuant to the recommendations of 6th CPC.
The Federation has however been receiving representations from the Central Government civilian Employees, mainly railway employees from all corners of the country to make the MACP Scheme operational w.e.f. 01/01/2006
01/01/2006 instead from 0l/09/2008, pursuant to the order dated 08th December, 2017 passed by the Hon'ble Supreme Court in Civil Appeal Diary No.3744 of 2016. In this connection, NFIR places following facts for consideration:-

• on perusal of the order of the Apex court, it is found that the Hon'ble Apex court has held that the MACP is a part of pay structure recommended by the 6th CPC, the same cannot be considerd as allowance which had been given effect from 01/09/2008. The said order has also cited the Resolution dated 30/08/2008 of the Government which was referred in the notification issued by the Ministry of Finance wherein MACP has been defined part of 'Pay structure' and not as 'Allowance' and therefore should be given effect from 01/01/2006.
• The order dated 8th Dec 2017 passed by the Apex court has already been implemented by the Ministry of Defence, giving effect to the MACPs w.e.f.01/01/2006 through an OM dated 25/07/2018.
• DoP&T may kindly take note that in para 6.5.2 & 6.5.4 of the report of 6th CPC, the Commission had recommended for implementation of the revised pay structure consisting of Pay Band and Grade Pay w.e.f. 01/01/2006 while the revised allowances were given effect from prospective date i.e. 01/09/2008.
• Ministry of Finance vide Gazette of India, Extraordinary Notification of Resolution No. 1/1/2008-IC dated 29/08/2008 had implemented revised pay structure (Pay Band & Grade Pay) w.e.f. 01/01/2006 whereas the implementation of MACPS was made effective from 0110912008, Accordingly, Ministry of Railways also implemented revised Pay structure w.e.f. 01/01/2006 vide its order dated 04/09/2008 while the rates of Non Practicing Allowance (NPA) were revised w.e.f. 01/01/2006 vide Board's order dated 22/09/2008. Therefore, the MACPS which is part of Pay structure as decided by Apex Court should be given effect from 01/01/2006 in railways and all other Central Government departments.
• Another important fact which cannot be ignored is, that the Apex Court had held that the benefit of ACP granted to an employee is part of the Pay structure which not only affects the pay but also pension of the employee, therefore, decided that the ACP is not allowance but a part of pay. At the same time, the Hon'ble Supreme Court further held that there can be no dispute that grant of ACP is part of pay structure and that the resolution dated 30/08/2008 relating to implementation of 6th CPC recommendations on pay structure, pay bands, grade pay etc have been given effect from 0110112006 and also added that this is the decision of the Cabinet which could not have been modified by issuing executive instructions.
• NFIR suggests that while issuing modified instructions, in compliance with Apex Court order, the DoP&T may allow option opportunity to all those beneficiaries of ACPS as well MACPS to exercise their option for financial upgradation from the dates advantageous to them so as to avoid further grievances.
• Summing up, NFIR urges upon the DoP&T to kindly consider the above points and issue modified instructions for granting financial upgradation under MACPS with effect from 01/01/2006 as was done by the Ministry of Defence. A copy of the instructions issued may be endorsed to this Federation.

Yours faithfully,

(Dr.M.Raghavaiah)
General Secretary

Source: NFIR

7th CPC and OROP: Revision of Casualty Pensionary Awards in respect of Pre-2006 Armed Forces Officer and JCOs/ORs pensioners

7th CPC and OROP: Revision of Casualty Pensionary Awards in respect of Pre-2006 Armed Forces Officer and JCOs/ORs pensioners - Clarification

OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD- 211014

Circular No. 604

Dated: 16.08.2018

To,

    The Chief Accountant, RBI, Deptt. Of Govt. Bank Accounts, Central office C-7, Second Floor, Bandre- Kuria Complex, P B No 8143, Bandre East Mumbai- 400051
    All CMDs, Public Sector Banks including IDBI Bank
    Nodal Officers, ICICl/ HDFC/ AXIS/ IDBI Banks
    Managers, All CPPCs
    Military and Air Attache, Indian Embassy, Kathmandu, Nepal
    The PCDA (WC), Chandigarh
    The CDA (PD), Meerut
    The CDA, Chennai
    The Director of Treasuries, All States
    The Pay and Accounts Officer, Delhi Administration, RK Puram and Tis Hazari, New Delhi
    The Pay and Accounts Office, Govt of Maharashtra, Mumbai
    The Post Master Kathua (J&K)
    The Post Master Camp Bell Bay
    The Pr. Pay and Accounts Officer, Andaman and Nicobar Administration, Port Blair

Sub:- Revision of Casualty Pensionary Awards in respect of Pre-2006 Armed Forces Officer and JCOs/Ors pensioners: Clarification.

Ref:- This office Circular No. 569 dated 19.10.2016.

There are several representations from various War Veteran Associations demanding the benefit of Maximum of Term of Engagement in OROP as well as in 7th CPC revision quoting the Para-3 of Circular No. 569 dated 19.10.2016. Thus, it appears that there are some misinterpretation /confusion about Para-3 of Circular No. 569 dated 19.10.2016, which needs to be clarified in this regard.

Earlier vide Annexure No.-II of MoD letter No. 200847/Pen-C/71 dated 24.02.1972, there was a provision that Service Element of War Injury Pension will be equal in amount to the normal retiring pension of the rank held at the time of disablement for maximum service of rank. It means Service Element of War Injury Pension was admissible for maximum term of engagement subject to restriction that War Injury Pension should not be more than last pay drawn. Prior to 6th CPC the Service Element/ Service Pension was given 50% of the reckonable emoluments for 33 years of Qualifying Service including weightage, and for lesser period it was proportionately reduced. It is pertinent to mention that after evolution of 6th CPC provision concept of pro-rata reduction has been dispensed with. As per 6th CPC orders pension will be 50% of the last pay drawn irrespective of Qualifying Service. Therefore, relevance of Maximum Term of Engagement becomes obsolete.

The minimum guaranteed pension after implementation of 6th Central Pay Commission, was initially determined on the basis of minimum of the Pay in Pay Band plus Grade Pay vide MoD letter dated 11.11.2008 (Circular No. 397 of this office). This was further modified with issue of MoD letter No. 1(04)/ 2015 / (1)-D (Pen/ Pol) dated 03.09 .2015 for revision of Service Pension/ Service Element in respect of Pre-2006 Commissioned Officers/JCOs/ORs pensioners on the basis of minimum of fitment table for the Rank in the revised Pay Band as indicated under fitment tables, and accordingly Circular No. 547 and 548 has been issued for PBORs and Commissioned Officers respectively. The ibid minimum guaranteed pension was calculated as 50% of minimum of fitment table for 33 years of Qualifying Service including weightage with pro-rata reduction for lesser period.

The minimum guaranteed disability element/war injury element was not covered in the ibid MoD letter dated 03.09.2015. Therefore, .MoD letter No. 16(01)/2014/ D(Pen/ Pol) dated 18.05.2016 was issued (Circular No. 560) for revision of Casualty Pensionary awards in respect of Pre-2006 Armed Forces Officers and JCO/ORs Pensioners/ Family Pensioners, which provides for minimum guaranteed Disability Element/War Injury Element. The clause of pension upto Maximum Term of Engagement in case of War Disabled Pensioners which was admissible prior to 6th CPC was omitted in both the above circulars of minimum guaranteed pension. Therefore, there was a need to clarify this issue and hence the Para-3 has been inserted in Circular No. 569 dated 19.10.2016. After issue of GOI MoD letter No. 1(2)/2016-D(Pen/Pol) dated 30.09.2016 for delinking of qualifying service of 33 years for revision of pension under minimum guaranteed pension, Para No, 3 of Circular No. 569 has become redundant and therefore this Para-3 may be treated as deleted.

After implementation of 6th CPC and subsequently also in 7th CPC, pension will be determined on the basis of 50% of last pay drawn irrespective of Qualifying Service, so the relevance of pro-data reduction for lesser qualifying service become redundant as full pension is admissible for each qualifying service in each rank. Therefore, pension upto term of engagement has also become redundant. Further, the pension as per OROP rates was based on the live data of 2013 retirees where pension was given as per 6th CPC provisions. Therefore, the demand of pension upto term of engagement has also become obsolete.

Therefore, it is requested that the issue may be dealt with accordingly and the pensioner approaching for this may be clarified on similar lines duly stating that pension upto term of engagement in case of war disabled pensioners in OROP as well as 7th CPC revision is irrelevant.

This circular has been uploaded on official website of this office www.pcdapension.nic.in

No. Gts/Tech/05/LXXX
Dated: 16.08.2018

(Sushil Kumar Singh)
Jt. CDA(P)

Source: pcdapension.nic.in

Supreme Court Judgement - Casual Labour Regularisation: Applicable to those Appointed after 1993 & 2006 who completed 10 years service

Supreme Court Judgement - Casual Labour Regularisation: Applicable to those Appointed after 1993 & 2006 who completed 10 years service

REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.7423-7429 OF 2018
(Arising out of S.L.P. (Civil) Nos. 19832-19838 OF 2017)
Narendra Kumar Tiwari & Ors. Etc. ….Appellants

versus
The State of Jharkhand & Ors. Etc. ….Respondents

JUDGMENT
Madan B. Lokur, J.

1. Leave granted

2. These appeals arise out of the common judgment and order dated 17th November, 2016 passed by a Division Bench of the High Court of Jharkhand in a batch of writ petitions relating to the regularisation of daily wage or contract workers on different posts. The writ petitioners (now appellants) were denied the benefit of regularisation in view of the provisions of the Jharkhand Sarkar ke Adhinasth Aniyamit Rup se Niyukt Ewam Karyarat Karmiyo ki Sewa Niyamitikaran Niyamawali, 2015 (hereinafter referred to as the Regularisation Rules).

3. The admitted position is that the appellants are irregularly appointed employees of the State Government. They sought regularisation of their status on the ground that they had put in more than 10 years of service and were therefore entitled to be regularised. The High Court took the view that the decision of the Constitution Bench of this Court in Secretary, State of Karnataka and Ors. v. Umadevi (3) and Ors.1 did not permit their regularisation since they had not worked for 10 years on the cut-off date of 10th April, 2006 when the Constitution Bench rendered its decision. According to the High Court, the Regularisation Rules provided a one-time measure of regularisation of the services of irregularly appointed employees based on the cut-off date of 10th April,2006 in terms of the judgment of the Constitution Bench. Therefore, since the appellants had not put in 10 years of service they could not be regularised.

4. The appellants had contended before the High Court that the State of Jharkhand was created only on 15th November, 2000 and therefore no one could have completed 10 years of service with the State of Jharkhand on the cut-off date of 10th April, 2006. Therefore, no one could get the benefit of the Regularisation Rules which made the entire legislative exercise totally meaningless. The appellants had pointed out in the High Court that the State had issued Resolutions on 18th July, 2009 and 19th July, 2009 permitting the regularisation of some employees of the State, who had obviously not put in 10 years of service with the State.Consequently, it was submitted that the appellants were discriminated against for no fault of theirs and in an irrational manner.

5. Having heard learned counsel for the parties and having considered the decision of the Constitution Bench in Umadevi (3) as well as the subsequent decision of this Court explaining Umadevi (3) in State of Karnataka and Ors. v. M.L. Kesari and Ors.2, we are of the view that the High Court has erred in taking an impractical view of the directions in Umadevi (3) as well as its consideration in Kesari.

6. The decision in Umadevi (3) was intended to put a full stop to the somewhat pernicious practice of irregularly or illegally appointing daily wage workers and continuing with them indefinitely. In fact, in paragraph 49 of the Report, it was pointed out that the rule of law requires appointments to be made in a constitutional manner and the State cannot be permitted to perpetuate an irregularity in the matter of public employment which would adversely affect those who could be employed in terms of the constitutional scheme. It is for this reason that the concept of a one-time measure and a cut-off date was introduced in the hope and expectation that the State would cease and desist from making irregular or illegal appointments and instead make appointments on a regular basis.

7. The concept of a one-time measure was further explained in Kesari in paragraphs 9, 10 and 11 of the Report which read as follows:

9. The term "one-time measure" has to be understood in its proper perspective. This would normally mean that after the decision in Umadevi (3), each department or each instrumentality should undertake a one-time exercise and prepare a list of all casual, daily-wage or ad hoc employees who have been working for more than ten years without the intervention of courts and tribunals and subject them to a process verification as to whether they are working against vacant posts and possess the requisite qualification for the post and if so, regularise their services.

10. At the end of six months from the date of decision in Umadevi (3), cases of several daily-wage/ad hoc/casual employees were still pending before courts. Consequently, several departments and instrumentalities did not commence the one-time regularisation process. On the other hand, some government departments or instrumentalities undertook the onetime exercise excluding several employees from consideration either on the ground that their cases were pending in courts or due to sheer oversight. In such circumstances, the employees who were entitled to be considered in terms of para 53 of the decision in Umadevi (3), will not lose their right to be considered for regularisation, merely because the one-time exercise was completed without considering their cases, or because the sixmonth period mentioned in para 53 of Umadevi (3) has expired. The one-time exercise should consider all daily-wage/ad hoc/casual employees who had put in 10 years of continuous service as on 10-4-2006 without availing the protection of any interim orders of courts or tribunals. If any employer had held the one-time exercise in terms of para 53 of Umadevi (3), but did not consider the cases of some employees who were entitled to the benefit of para 53 of Umadevi (3), the employer concerned should consider their cases also, as a continuation of the one-time exercise. The one-time exercise will be concluded only when all the employees who are entitled to be considered in terms of para 53 of Umadevi (3), are so considered.

11. The object behind the said direction in para 53 of Umadevi (3) is twofold. First is to ensure that those who have put in more than ten years of continuous service without the protection of any interim orders of courts or tribunals, before the date of decision in Umadevi (3) was rendered, are considered for regularisation in view of their long service. Second is to ensure that the departments / instrumentalities do not perpetuate the practice of employing persons on daily-wage/ad hoc/casual basis for long periods and then periodically regularise them on the ground that they have served for more than ten years, thereby defeating the constitutional or statutory provisions relating to recruitment and appointment. The true effect of the direction is that all persons who have worked for more than ten years as on 10-4-2006 [the date of decision in Umadevi (3)] without the protection of any interim order of any court or tribunal, in vacant posts, possessing the requisite qualification, are entitled to be considered for regularisation. The fact that the employer has not undertaken such exercise of regularisation within six months of the decision

in Umadevi (3) or that such exercise was undertaken only in regard to a limited few, will not disentitle such employees, the right to be considered for regularisation in terms of the above directions in Umadevi (3) as a one-time measure.

8. The purpose and intent of the decision in Umadevi (3) was therefore two-fold, namely, to prevent irregular or illegal appointments in the future and secondly, to confer a benefit on those who had been irregularly appointed in the past. The fact that the State of Jharkhand continued with the irregular appointments for almost a decade after the decision in Umadevi (3) is a clear indication that it believes that it was all right to continue with irregular appointments, and whenever required, terminate the services of the irregularly appointed employees on the ground that they were irregularly appointed. This is nothing but a form of exploitation of the employees by not giving them the benefits of regularisation and by placing the sword of Damocles over their head. This is precisely what Umadevi (3) and Kesari sought to avoid.

9. If a strict and literal interpretation, forgetting the spirit of the decision of the Constitution Bench in Umadevi (3), is to be taken into consideration then no irregularly appointed employee of the State of Jharkhand could ever be regularised since that State came into existence only on 15th November, 2000 and the cut-off date was fixed as 10th April,2006. In other words, in this manner the pernicious practice of indefinitely continuing irregularly appointed employees would be perpetuated contrary to the intent of the Constitution Bench.

10. The High Court as well as the State of Jharkhand ought to have considered the entire issue in a contextual perspective and not only from the point of view of the interest of the State, financial or otherwise - the interest of the employees is also required to be kept in mind. What has eventually been achieved by the State of Jharkhand is to short circuit the process of regular appointments and instead make appointments on an irregular basis. This is hardly good governance.

11. Under the circumstances, we are of the view that the Regularisation Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service on the date of promulgation of the Regularisation Rules, ought to be given the benefit of the service rendered by them. If they have completed 10 years of service they should be regularised unless there is some valid objection to their regularisation like misconduct etc.

12. The impugned judgment and order passed by the High Court is set aside in view of our conclusions. The State should take a decision within four months from today on regularisation of the status of the appellants.

13. The appeals are accordingly disposed of.

14. We may add that that it would be worthwhile for the State of Jharkhand to henceforth consider making regular appointments only and dropping the idea of making irregular appointments so as to short circuit the process of regular appointments.

………………………J.
(Madan B. Lokur)

.……………………..J.
(Deepak Gupta)

New Delhi: August 01, 2018

Revision of rates of Daily Allowance (T.A.) to Railway employees on tour - Reimbursement of Hotel charges when no rest house facility made available

Revision of rates of Daily Allowance (T.A.) to Railway employees on tour - Reimbursement of Hotel charges when no rest house facility made available

NFIR

No. I/5 (F)

Dated: 20/08/2018

The Secretary (E),
Railway Board.
New Delhi

Dear Sir,

Sub: Revision of rates of Daily Allowance (T.A.) to Railway employees on tour - Reimbursement of Hotel charges when no rest house facility made available-reg.

Ref: (i) Railway Board's letter No. F(E)1/2017/AL-28/40 dated 08/08/2017(PC-VII-31 & RBE No. 84/2017).
(ii) Railway Board's letter No. F(E)I/2017/AL-28/41 dated 24/08/2017(PC-VII-45 & RBE No. 103/2017).
(iii) NFIR's letter No.1/5 (F) dated 22/06/2018.
(iv) Railway Board's letter No.F(E)l/2017/AL-28/40 dated 31/07/2018.

While appreciating the prompt reply of the Railway Board not agreeing with the proposal made by the Federation through its letter dated 22/6/2018, NFIR reiterates again the following facts:

• There are many places where there is no rest house at all,
• Wherever there are rest houses for subordinate staff, their accommodation is totally inadequate and the employees do not get even Cot/Bed,
• The condition of rest houses is very bad so much so, the bed sheets, pillow covers etc., are not even washed regularly (i.e. the condition is unhygienic),
• Mattresses in the rest houses are very dirty and not fit for use.

The Railway Board's contention for denying the legitimate entitlement, citing 7th CPC recommendation and Government of India’s approval thereon is not only illogical but also highly improper. It needs to be appreciated that when employee is ordered to undertake tour on duty, he is rightly entitled for facilities as well Daily Allowance / Travelling Allowance. The case cited by NFIR is that in those cases where the staff proceed on duty to other places where the rest house facility is not available or condition of rest house is so bad that no human being can live, in such situations the reimbursement of hotel charges has to be ensured by the employer. Therefore the simple reply in one paragraph given by the Railway Board not agreeing the legitimate demand of NFIR is unacceptable to the Federation and we surmise that the Railway Board never wanted to take the ground situation into consideration for extending legitimate benefit to the staff. It is also unfortunate that while the Central Government has allowed reimbursement charges towards hotel accommodation to its employees when they undertake tour on duty, the Railway Board is unwilling to adopt Government of India’s rules probably with an intention to deny the legitimate benefit%to railwaymen deliberately.

Federation therefore urges upon the Railway Board to review the matter with judicious intention and issue instructions to the GMs etc., for ensuring reimbursement of accommodation/rest house/hotel charges in those cases where the resting facilities or either inadequate or not provided or not available.

Yours Faithfully

(Dr. M. Raghavaiah)
General Secretary

Source: NFIR

Ministry of Railways extends all possible help to people of Kerala to combat floods

Ministry of Railways
Ministry of Railways extends all possible help to people of Kerala to combat floods

Indian Railways has restored all affected tracks, normal Rail traffic is being restored from today

21 AUG 2018

Due to unprecedented intense rain during south west monsoon during the last one week, and consequent opening of about 36 dams in  state of Kerala, 3 Divisions of Southern Railway were severely affected with heavy flash floods, land slips, boulder falling on track etc from 16.08.2018 as detailed below:-

a)      In Thiruvananthapuram Division, Water level rose above danger level across 11 bridges, track got submerged at 3 locations, embankment washed away at 3 locations, Earth slips occurred at 7 locations over various sections.

b)      In Palakkad Division, Water level rose above danger level across 10 bridges and track got submerged at one location.

c)      In Madurai Division, earth slip and falling of boulders occurred at 6 locations.

d)      Railway team worked with dedication round the clock to clear the hurdles in the flood hit sections and all sections in the main route of Kerala were opened 20th August 2018 as below:

Ø Thiruvananthapuram (TVC) to Nagarcoil (NCJ) section was suspended from 0700 hrs of 15.8.2018 and was given fit from 09.30 hrs of 16.8.2018.

Ø  Ernakulam (ERS) - Kottayam (KTYM) suspended from 1600 hrs of 16.8.18, and given  fit from 20 hrs of  19.08.2018.

Ø  Ernakulam (ERS) - Shoranur (SRR) suspended from 1200 hrs of 16.8.18, and  was given fit from 2315 hrs of 19.08.2018.

Ø  Palakkad (PGT) - Shoranur (SRR) suspended from 1600hrs of 16.8.18 and was given fit at 0815hrs of 18.08.2018.

Ø  Shoranur (SRR) - Kozhikkode (CLT) suspended from 1600hrs of 16.8.18 and  was given fit at  0845 hrs of 19.8.18.

Ø  Kollam(QLN) - Punalur (PUU) section was  given fit on 20.08.2018.

Ø   Punalur (PUU) - Senkottai (SCT) and Thrissur (TCR) - Gururvayur (GUV) branch lines with heavy damages and falling of large amounts of boulders are also being attended on war foot basis, likely to be ready  within  two three days.

e) A total number of 9 track machines were deployed round the clock to repair the tracks.

f)       7 special trains carrying boulders, sand and ballast were sent for the restoration of affected track and embankment portions.

g)      HQ and Divisional team of about 30 Officers, 45 Supervisors and about 450 Railway Staff worked round the clock braving rain and water at adverse conditions with dedication and sincerity to restore the tracks on priority to give connectivity to state of Kerala at this critical time.

h)      Almost All the train services  except for few for want of pairing rakes are restored from today.

Specials Trains to help stranded Passengers in Kerala :

Ø 61 Passenger specials were run in Thiruvanathapuram and  Palakkad Divisions to connect stranded passengers.  In particular, Thiruvananthapuram- Ernakulam section was connected by passenger Special Trains via Alleppey,  which was not affected during the flood period every 3 hrs,  helping all for the movement of people, rescue and relief team. This was appreciated by press and media widely.

Ø  13 Express specials were run from Ernakulam and  Thiruvananthapuram, via Madurai from 17.08.2018 to 20.08.2018. Out of the above,

Ø  4 Trains from Ernakulam  to Chennai Egmore,

Ø  3 Trains from Ernakulam to Santragachi,

Ø  1 Train  between Thiruvananthapuram  and Howrah,

Ø  1Train between Thiruvananthapuram and  Silchar ,

Ø  1 Train from Thiruvananthapuram  to Gorakhpur,

Ø  1 Train between  Kochuveli and Bhubaneswar,

Ø  2 Trains from Chennai Egmore to Ernakulam were run.

Ø  Among these, 3 specials were run from Ernakulam and Thiruvananthpuram  to Santragachi based on the request  from State Government  of West Bengal.

Ø 1 special train from Kochuveli, Thiruvananthapuram  to Bhubaneswar was run today on the request of State Government of Odisha.

Three Water rake Specials to Kerala:

Ø Southern Railway dispatched first water special with 7 BRN wagons carrying 2.8 lakh litres of water from Erode Jn Station to Kayankulam on 18.08.2018.

Ø  Second water special from Erode with 10 BRN wagons carrying 3.2 lakh litre of water also reached Tiruvalla on 20.08.2018.

Ø  Third water tank special with 29 tank wagons carrying 14.5 lakh litre of water which was dispatched from Pune on 18.8.2018 has reached Ernakulam on 20.08.2018.

Ø  Railways are running more water specials to meet the request of State Govt.

Three lakh Rail Neer Bottles from IRCTC Plants in Southern Railway:

Ø Railway arranged 2 lakh numbers of one litre bottle of Rail Neer water to Flood Ravaged Kerala through Thiruvananthapuram Division.

Ø   Another one lakh bottles are getting ready to be delivered.

Ø    Railway Officials at Headquarters and Divisional Levels are coordinating with state Government officials of Kerala for the movement of the water bottles to required destination.

Deployment of Professional Swimmers:

Ø 10 employees who are Professional Swimmers of Thiruvananthapuram Division of Southern Railway were deputed to help in relief/rescue operations in connection with the flood affected areas in the district of Pattanamthitta for a period of 5 days, which was very much appreciated.

Contributions to Kerala CM's Relief Fund:

Ø Rs.65 lakh was contributed by the Officers and staff of Trivandrum Division to Chief Minister of Kerala Relief Fund to assist flood victims. Divisional Railway manger Trivandrum handed over the cheque to Honorable Chief Minister of Kerala on 20.08.2018.

Free transportation of Rice Train Special from Chhattisgarh:

Ø One rake containing 2500 tons of Rice dispatched from Raipur to Kazhakutam by Chhattisgarh Government to support flood victims of KeralaRailways didn't charge any freight for this consignment. The rake is on run to the destination and is being closely monitored.

Free Transport of Relief Materials to Kerala:

Ø Railway is arranging free transport of flood relief materials till 31st August, 2018 to Stations in Kerala.

Ø   Apart from government agencies, reputed organizations approved by DRMs were permitted to load the materials free of cost, to Stations within Kerala..

Ø  Help desks are opened in 11 major Parcel offices across Southern Railway. viz., .Chennai Central Chennai Egmore .Madurai Tiruchchirappalli.Salem Tirunelveli. Villupuram, Karur.Tirupur.Erode  and Coimbatore stations.

Blankets & Bed sheets being given to needy:

Ø 3000 bedsheets and 300 blankets are already handed over to the relief authorities by Thiruvananthapuram Division.

Ø  4000 bed sheets and 700 blankets are also being arranged from six division’s to Sr DCM Trivandrum to be handed over to Relief Authorities.

South Western Railway VPU with support materials:

Ø One VPU loaded with flood relief materials containing Rice, Dal, Sooji, Atta, oils, sugar, clothes, medicines, bleaching powder , etc., sent by SWR from Yashvantpur to Palakkad Division by Train No.16515 for distribution in Kerala.

Water Purifiers, and other materials:

Ø 150 Water purifiers sent by Train No.12626 has reached Piravam Road of  Kerala today for distribution.

Ø  Food packages, medicines, sanitary napkins, biscuits, soaps, etc., received at Parcel Help Desks are being dispatched to Kerala at regular intervals on priority.

Southern Railway(SR) Medical Aid through St.John’s Ambulance Brigade Service:

Ø SR Opened First-aid Booths at major railway stations viz., Tiruvalla, Kottayam, Ernakulam and Chengannur.

Ø  8 Lakhs worth of medical relief materials mobilized are being taken to Chengannur for distribution.

Southern Railway's helping hand in all possible ways:

Ø Special control cells were opened in Trivandrum and Palakkad control Office which were coordinated by  officers / Commercial inspectors

Ø  Help desks, Enquiry Counters, Ticket refund Counters were opened at Trivandrum Central, Ernakulam Jn, Alleppey, Nagercoil, Thrissur, Mangalore Central, Kannur, Kozhikkode, Palakkad, Shoranur stations to help passengers.

Ø  Press and media bulletins were released frequently to update public on trains services and relief/restoration works.

Shelter Arrangements free of cost:

Ø Paid AC waiting halls were opened to all passengers free of cost in both the divisions.

Ø  Stranded passengers were accommodated in Panchayat community Centre Schools at Shoranur.

Ø  At Chengannur, the pilgrimage Centre at the Railway premises has been converted into relief camp. More than 200 people have taken shelter there. Food packets and drinking water is being arranged by State Government officials.

Ø  At different stations and locations station staff are actively helping the NDRF officials in rescuing the people who are stranded and taken shelter at Railway Stations Specially in Chalakkudi and Kottayam section of Trivandrum division and Shoranur station of Palakkad   division.

Food Arrangements free of cost:

Ø At all major stations, Trivandrum and Palakkad the catering establishments are operated round the clock and food supplied to the needy on payment basis.

Ø  Arrangements were made to supply food packets through NGO for stranded passengers in Aluva–Wadakkanchery section of Trivandrum and Shoranur in Palakkad division.      

Ø  Food packets were distributed to staff working in the section Shoranur – Calicut section.

Ø  12000 Food packets were arranged at Chalakkudi and Aluva during 16th to 18th August 2018.

Ø  The staff of divisional office collected relief materials worth Rs 4 lakh which was also handed over to the district administration.

Rescue efforts of SR along with NDRF/State Govt:

Ø At Chalakkudi station which was marooned in floods, many rescue attempts were spearheaded by the Railway staff in coordination with the NDRF authorities and finally all 50 persons including Railway staff were rescued.

Ø  Nearly 1000 locals were rescued by tower car operated in the traffic near Ernakulam on 17th and 18th August. A pregnant lady was rescued by boat from Chovvara station and airlifted to Thrissur, which was widely appreciated.

PIB

7th CPC: Revision of Entitlement of TA/DA to JCM Members

7th CPC: Revision of Entitlement of TA/DA to JCM Members

Revision of Entitlement of TA/DA to JCM Members after implementation of Seventh CPC recommendations

F. No. 8/10/2008-JCA
Government of India Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
Establishment (JCA) Section

North Block, New Delhi
Dated 20th August, 2018

OFFICE MEMORANDUM

Subject: Revision of Entitlement of TA/DA to JCM Members after implementation of Seventh CPC recommendations.

The undersigned is directed to say that consequent upon the revision of rates of Travelling Allowance/Daily Allowance by the Department of Expenditure vide O.M. No. 19030/1/2017-E.IV dated 13/07/2017, the Staff Side Members of the National Council (NC)/Departmental Councils and Third Level/Regional Councils of JCM shall be entitled to TA/DA etc. in the following manner w.e.f. 01.07.2017.

A. National/Departmental Council JCM
TA/DA entitlement as admissible to officers in Pay level 12 & 13 as per Department of Expenditure’s O.M. No. 19030 /1/2017-E.IV dated 13/07/2017 as under:
(i) Travel entitlement within the country - Economy class by Air or AC-I Class by Train including travel in Premium /Premium Tatkal /Suvidha/Shatabdi / Rajdhani Trains.
(ii) Reimbursement for Hotel Accommodation of upto Rs. 4500/- per day.
(iii) Reimbursement of food bills not exceeding Rs.1000/- per day.
(iv) Reimbursement of AC Taxi Charges of upto 50 kms per day.

B. Regional/ Office Council (JCM)
TA/DA entitlement as admissible to officers in Pay level 11 as per Department of Expenditure’s O.M. No. 19030 /1/2017-E.IV dated 13/07/2017 as under :

(i) Travel entitlement within the country - Economy Class by Air or AC-II Class including Rajdhani/ Shatabdi Express etc.
(ii) Reimbursement for Hotel Accommodation of upto Rs. 2250/- per day.
(iii) Reimbursement of food bills not exceeding Rs. 900/- per day.
(iv) Reimbursement of non-AC taxi charges of up-to Rs. 338/- per day for travel within the city

2. The admissibility of DA in case of free boarding and lodging, has been considered in Department of Expenditure. Daily Allowance is given to the Govt. employees as a reimbursement of the expenditure incurred by him on tour for his stay, food and travel at that station. In case of free boarding and lodging, the Govt. employee, if incurring any expenditure on local travel, can claim the same as per Para 2 E(i) and (iii) of the Annexure to OM No.19030/1/2017 E.IV dated 13.07.2017. The earlier system of giving 25% of DA has been discontinued. Also after implementation of 7th CPC recommendations, the facility of DA at 5th CPC rates is done away with.

3. This O.M. is issued with concurrence of the Ministry of Finance, Department of Expenditure vide I.D. No.300377130/2018-E.IV dated 31.07.2018

(Juglal Singh)
Deputy Secretary to the Government of India

Source: DoPT

Discussions with IBA on Medical Insurance Scheme

Discussions with IBA on Medical Insurance Scheme

ALL INDIA STATE BANK OFFICERS' FEDERATION
(Registered under the Trade Unions Act 1926, Registration No: 727/MDS)
State Bank Buildings, St. Mark's Road, Bangalore - 560 001

CIRCULAR NO.86

DATE: 10.08.2018

TO ALL OUR AFFILIATES/MEMBERS:
DISCUSSIONS WITH IBA ON MEDICAL INSURANCE SCHEME
We reproduce hereunder the text of AIBOC Circular No.57 dated 9th August, 2018 contents of which are self-explicit.

(Y.SUDARSHAN)
GENERAL SECRETARY

CIRCULAR No. UFBU/2018/14

Date : 08-08-2018

TO ALL CONSTITUENT UNIONS/MEMBERS

Dear Comrades,

DISCUSSIONS WITH IBA ON MEDICAL INSURANCE SCHEME

As already informed to units, bipartite meeting was held today between IBA and UFBU regarding renewal of our Medical Insurance Policy for serving employees/ officers as well as for the retirees for the ensuing period 2018-19. IBA team was represented by Shri Rajkumar, Dy. Chief Executive, Shri S K Kakkar, Sr. Advisor (HR&IR), and Shri K S Chauhan, Sr. Vice President (HR). All our constituent unions were present in the meeting.

IBA informed us that United India Insurance Co. has given their proposal for hike in the premium on the Policies both for the serving employees/officers as well as for the retirees as under:

Serving employees/officers : Increase in premium by 29% over existing rate Retirees (without Domiciliary) : Increase in premium by 110% over existing rate
Retirees (with Domiciliary) : Increase in premium by 144% over existing rate
We strongly objected to such steep hike in the rate of premium and informed the IBA that especially the hike in premium for the retirees is too exorbitant and not appearing to be relatable to actual claim ratio. We urged upon the IBA to take up with UIIC to drastically reduce the premium.

IBA informed us that they are already seized of the issue and the matter is being taken up with UIIC. We pointed out that the following points be kept in mind while finalizing the issue:

• There should be no attempt to discontinue the policy. Policy should be continued and renewed.
• The premium rates should be drastically revised downwards.
• Pending discussion with UIIC, the Policy for both serving employees and retirees should be extended upto 31-12-2018 with pro rata premium.
• Cost of upfront payment of annual premium should be factored in while finalizing the premium rate.
• Change in age profile of serving employees and retirees should be taken into account while working out the revised premium rates.
• IBA should take up with the Government for exemption of GST on premium amount.
• Renewed Policy should include a penalty clause for delayed sanction of bills/ reimbursement.
• If broker will not be involved in the scheme, suitable mechanism should be put in place to deal with cases of repudiation of claims, etc.
• Uniform guidelines should be given by IBA for sanction of amount under Buffer allocation.
• Premium should be worked out on a composite basis by clubbing both serving employees and retirees.
• Premium for retirees should also be paid by the managements.

IBA took note of the above points raised by us and assured to keep these views in mind while further dealing with the same.

Next round of Talks on 18-8-2018: Next round of Bipartite Talks (Sub-Committee) will be held on 18th August, 2018. Discussions will be held in the forenoon with the Officers Associations and in the afternoon with Workman Unions.

With greetings,

Yours comradely,
sd/-
(SANJEEV K. BANDLISH)
CONVENOR

Source: http://aisbof.org