Pension Benefits of VRS (Voluntary Retirement Scheme) and Resignation - Supreme Court Judgement

Reportable 

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No. 9076 of 2019
@SLP (C) No. 6553 of 2018

BSES Yamuna Power Ltd.                                                                      …Appellant

Versus

Sh. Ghanshyam Chand Sharma & Anr.                              …Respondents

J U D G M E N T

Dr Dhananjaya Y Chandrachud, J

1.    By its order dated 26 May 2017 a Division Bench of the High Court of Delhi upheld the judgement of a Single Judge dated 21 March 2017 granting pensionary benefits to the first respondent. The judgement of the Single Judge directed the appellant to pay pensionary benefits to the first respondent on the ground that he had completed twenty years of service and had „voluntarily retired‟ and not „resigned‟ from service. The appellant challenges these findings in the present appeal.

 "On the issue of whether the first respondent has served twenty  years, we are  of  the  opinion  that  thequestion  is  of  nolegal  consequence  to  the  present dispute. Even  if  the  first  respondent  had  served  twenty  years,  under  Rule  26  of the  CCS  Pension Rules  his  past  service  stands  forfeited  upon  resignation. The first respondent is therefore not entitled to pensionary benefits. "

Navy Leave Rules 2019 to Officers, Sailors and Artificer Apprentices – Gazette Notification

Statutory Rules and Orders issued by the Ministry of Defence

Ministry of Defence

New Delhi, the 11th December, 2019

THE NAVY LEAVE REGULATIONS – 2019

S.R.O.105.— In exercise of powers conferred by section 184 of the Navy Act, 1957 (62 of 1957), the Central Government hereby makes the following regulations namely:-

CHAPTER I

GENERAL

1. Short Title. These regulations may be called the Navy Leave Regulations, 2019.

2. Application. They shall apply to Officers (including Special Duties List Officers), Sailors and Artificer Apprentices of the Indian Navy.

3. Claim to Leave. Leave shall not be claimed as of right. Its grant shall be subject to the exigencies of the Service.

4. Classification of Leave. Leave admissible to different categories of personnel shall be of the following kinds, namely:-

(a) Regular Officers (including Special Duties List Officers).

(i) Casual Leave.

(ii) Annual Leave.

(iii) Furlough.

(iv) Sick Leave.

(v) Leave on invalidment.

(vi) Child Care Leave (for Women officers).

(vii) Child Adoption Leave (for Women officers).

(viii) Paternity Leave on birth of a child.

(ix) Paternity Leave on adoption of a child.

(x) Maternity Leave.

(xi) Study Leave.

(xii) Special Casual Leave.

(b) Short Service Commissioned Officers.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Furlough.

(iv) Sick Leave.

(v) Special Casual Leave.

(vi) Leave on invalidment.

(vii) Leave on termination of engagement.

(viii) Child Care Leave (for Women Officers).

(ix) Child Adoption Leave (for Women Officers).

(x) Paternity Leave on birth of a child.

(xi) Paternity Leave on adoption of a child.

(xii) Maternity Leave.

(c) Sailors.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Sick Leave.

(iv) Compassionate Leave.

(v) Leave on discharge or retirement.

(vi) Paternity Leave on birth of a child.

(vii) Paternity Leave on adoption of a child.

(d) Artificer Apprentices.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Sick Leave.

(iv) Paternity Leave on birth of a child.

(v) Paternity Leave on adoption of a child.

5. Date of Commencement and Termination of Leave.

(a) Leave shall commence on the date on which an individual is relieved from duty if relieved in the forenoon, and on the following day if relieved in the afternoon.

(b) Leave shall terminate on the day preceding the date of re-joining, if an individual re-joins duty in the forenoon, or on the date of re-joining, if he re-joins in the afternoon.

(c) Notwithstanding anything contained in this regulation:-

(i) (aa) Leave of Gorkha Officers shall commence or terminate on the date of crossing the Nepal border; leave of officers domiciled in Bhutan shall commence on the date of crossing the Bhutan border.

(ab) If a sailor, who has availed himself of the additional leave under regulation 46, alongwith Annual Leave or accumulated Annual Leave during the first year of a block of two years is granted Annual Leave or accumulated Annual Leave in the second calendar year of the block, that leave shall commence or terminate on the dates of crossing the Nepal or Bhutan border with no entitlement to the additional leave.

(ii) In case of personnel serving afloat, leave shall terminate on the date of their reporting to the ship on which they are borne; and in case the ship on which they are borne is temporarily away from the home port or from the port where it was scheduled to be at the time, the personnel shall report to the shore establishment of that port and their leave shall be considered as terminated on the date of reporting to the shore establishment.

(iii) For personnel serving ashore ex-India, leave in India shall commence on the date on which such personnel proceed on leave from the shore establishment to which they are appointed or transferred on arrival in India and terminate on the date they are required to report for duty prior to proceeding ex-India.

(iv) The leave of Naval personnel serving in the Andaman and Nicobar Islands and on ships based on these Islands shall commence and terminate on reporting at IN Ships Adyar, Netaji Subhash and Circars.

(v) Leave of Naval personnel serving in the mainland and having their homes in Lakshadweep Islands will begin at Naval Detachment, Kochi/ NCC, Calicut from the date they are put on a vessel for their home island and will terminate on the date of their reporting back at the station aforesaid. They will be transported between the mainland and the Islands by the earliest available suitable merchant ship. The period of travel to and fro between the duty station and Naval Detachment, Kochi/ NCC, Calicut, as well as the period of stay at Kochi/ Calicut till personnel are put on a vessel, will be treated as on duty. Sailors proceeding on Annual Leave/ accumulated Annual Leave, in whose case the period of journey between Naval Detachment, Kochi/ NCC, Calicut and the leave station exceeds two days each way, will be allowed an additional leave in terms of regulation 45(d) of these regulations.

6. Prefixing and Suffixing of Holidays to Leave.

(a) If a recognised holiday (such as a Sunday, Republic Day or the like) falls on the day immediately preceding the day from which leave has been granted or such holiday follows the last day of the leave granted, an individual who is not required for duty on such holiday may with his Commanding Officer’s express permission, leave his station at the close of the day before, or return to duty at the end of such holiday, provided no extra expense is caused to the State.

(b) An individual shall be considered, as on duty, during such holiday, which shall not count against the number of days for which leave is granted.

Explanation I : The concession prefixing or suffixing of holiday to leave shall not be admissible in the case of Gorkha personnel whose leave commences or terminates on the date of crossing the Nepal or Bhutan borders under Regulation 5, Sub-regulation (c).

Explanation II : The concession of prefixing and suffixing of holidays to leave will not be admissible to sailors who enjoy the benefit of additional leave in terms of Sub-regulation (d) of Regulation 45.

Explanation III : Restricted holidays shall be treated as recognised holidays where such holidays are prefixed or suffixed to leave.

7. Place from which Leave is taken and Place at which Duty is resumed on Termination of Leave .

(a) Individual shall ordinarily proceed on leave from, and re-join after expiry of leave at their permanent duty stations.

(b) Officers not below the rank of Captain may be permitted to proceed on, or re-join duty from leave at station other than their permanent duty stations by the Chief of the Naval Staff (in the case of officers serving at Naval Headquarters)and by the Flag Officer Commanding-in-Chief Western Naval Command, the Flag Officer Commanding-in-Chief Eastern Naval Command, the Flag Officer Commanding-in-Chief Southern Naval Command, the Commander-in-Chief Andaman Nicobar Command and the Naval Advisers or Attachès in Indian Missions abroad, within the limit of their respective Commands, provided that:-

(i) It is necessary or expedient in the public interest for the officer to perform temporary duty at that time at a station other than his permanent duty station, and

(ii) If the officer concerned is not required to perform the duty, it would be necessary to detail some other person to perform it.

(c) Officers below the rank of Captain may be permitted, provided it results in saving to the State, to proceed on, or re-join duty from, leave at stations other than their permanent duty stations by the Chief of the Naval Staff (in the case of officers serving at Naval Headquarters) and by the Flag Officer Commanding-in- Chief Western Naval Command, the Flag Officer Commanding-in-Chief Eastern Naval Command, the Flag Officer Commanding-in-Chief Southern Naval Command, the Commander-in-Chief Andaman Nicobar Command and the Naval Advisers or Attachès in Indian Missions abroad, within the limits of their respective Commands.

(d) Sailors serving in the ships and establishments may, at the discretion of the Commanding Officers, be permitted to proceed on or re-join duty from leave at stations other than their permanent duty stations in which they are serving, provided it results in saving to the State.

Explanation : The provisions of this regulation shall not apply:-

(i) To Casual Leave which counts as duty;

(ii) In the case of officers who are granted leave on the conclusion of course of ten weeks’ duration or more as well as those who are detailed to attend such courses whilst on leave; and

(iii) In case where establishments or units of establishment move temporarily enbloc to places away from their permanent stations as well as to detachments located away from permanent stations.

8. Leave Entitlement. Leave entitlement for officers and personnel attached to other establishments due to disciplinary cases, will be as follows:-

(a) Officers and personnel attached to other establishments, due to disciplinary cases, are not deemed to be performing normal duty and no leave is, therefore, ordinarily permissible to them:

Provided that, in exceptional cases leave due may be granted on extreme compassionate grounds by the authority, who issued orders for their attachment to such establishment.

(b) Personnel permitted to proceed on leave from a station other than the permanent duty station may be permitted to re-join at that station, if necessary.

(c) Leave granted under this regulation shall be restricted to the barest minimum and shall not be granted unless the authority granting the leave is satisfied that it would not hamper or unduly delay the progress of the disciplinary case.

9. Overstayal of Leave.

(a) Officers.

(i) If an officer overstays his leave (except Casual Leave) no pay shall be admissible for the period of overstayal, unless an extension of leave to cover that period is granted by the Competent Authority. Cases of overstayal of Casual Leave beyond the normal entitlement at a time shall be regularised by Naval Headquarters, provided the total period of Casual Leave availed by the officer does not exceed the maximum amount of such leave admissible during the year.

(ii) In cases where the maximum amount of Casual Leave admissible in a year is exceeded as a result of overstayal by the individual or extension by the Administrative Authorities, the entire spell of Casual Leave including the period of extension or overstayal shall be treated as Annual Leave or Furlough for that year, if due.

(iii) If an officer is compelled to overstay his leave due to natural calamities like floods, earthquakes, landslides, etc, the overstayal upto 30 days in excess of the maximum leave admissible, may be regularised by Naval Headquarters at their discretion by adjustment against his future Annual Leave entitlement or Furlough as may be considered appropriate.

(b) Sailors or Artificer Apprentices. If a Sailor or Artificer Apprentice overstays his leave, the following principles shall apply, namely:-

(i) If found guilty, he shall be dealt with under the Navy Act 1957 and awarded mulcts of pay in accordance with Regulation 41 of the Regulations for the Navy, Part II.

(ii) If not found guilty, (in case of leave other than Casual Leave) an extension to cover the period in question shall be granted by the Leave Sanctioning Authority, which shall be debited to his Annual Leave account for the current year. If no Annual Leave is due for that year, such leave shall be treated as an advance of the next year’s Annual Leave. Cases of overstayal of Casual Leave beyond the normal entitlement at time, shall be regularised by the authorities mentioned in sub-clause (ab) of clause (ii) of sub-regulation (d) and provided the total period does not exceed the maximum amount of such leave admissible during the year. In cases where maximum amount of Casual Leave admissible in a year is exceeded as a result of overstayal by the individual or extension by the Commanding Officer of the Ship or Establishment, the entire spell of Casual Leave including the period of extension or overstayal, shall be treated as Annual Leave for that year, if due.

(c) In cases of overstayal of Casual Leave due to individual’s own sickness beyond the maximum Casual Leave admissible in a year, the entire period involved (Casual Leave and overstayal thereof) shall, in the first instance, be debited to the Annual Leave entitlement of the year in which Casual Leave is granted, if due. Cases of overstayal of Casual Leave due to individual’s own sickness which are not so covered by their Annual Leave entitlement involve overstayal up to 60 days from the date of falling sick shall be regularised as provided in sub-regulation (d), and by the authorities specified in clause (ii) therein, subject to satisfaction about its genuineness, after making necessary inquiries.

(d)(i)	(aa) Period prior to the date of falling sick		By adjustment against future Annual Leave entitlement.
	(ab) 30 Days from the date of falling sick		As Sick Leave with full pay and allowances.
	(ac) Next 30 days		By adjustment against future Annual Leave entitlement.
(ii)	(aa) Cases in which treatment is taken in Military or Civil Government Hospital		By the Commanding Officer of the ship or Establishment.
	(ab) Cases in which treatment is taken at home		By the Commanding Officer of ship or establishment upto a maximum of 30 days and by the authority mentioned below upto a maximum of 60 days:-(aa) Commanding Officer of the ship of the rank of Captain or above if the ship does not have any Squadron Senior, but if the Commanding Officer is of the rank of Commander or below, then Administrative Authority in respect of sailors borne on the books of ship under his administrative control. (ab) Senior Officer of the Squadron if of the rank of Commander or above in respect of sailors borne on the books of the ship of his Squadron. (ac) Administrative Authority, if the Senior Officer is of the rank below that of a Commander in respect of sailors borne on the books of the ship of his Squadron. (ad) Commanding Officer of the shore establishment in respect of sailors borne on the books of his establishment.

(iii) Cases involving overstayal beyond 60 days from the date of falling sick shall be submitted to Central Government for orders.

Explanation 1 : In cases where future leave does not accrue to an individual due to his retirement or discharge, the periods mentioned in sub-clause (aa) and (ac) of clause (i) shall be treated as Extraordinary Leave without pay and allowances by the authorities specified in sub clauses (aa) and (ab) of clause (ii).

Explanation 2 : In case where the period of overstayal is required to be adjusted against the following year’s Annual Leave entitlement, the Annual Leave of that year shall be regarded as proportionately consumed for carrying out necessary adjustments. The grant of leave on compassionate grounds in the following year if necessary, shall be dealt with under Regulation 48.

(iv) If a sailor overstays the leave granted to him due to natural calamities like floods, earthquakes and landslides the period of overstayal of leave up to 30 days may be regularised by the Commanding Officer at his discretion (overstayal of accumulated Annual Leave shall be so regularised under the orders of the Administrative Authority) . The first 15 days of the 30 days limit may be treated as Special Leave with full pay and allowances, and the remaining period upto15 days may be adjusted against the future leave entitlement of the individual. In the case of Artificer Apprentices, Special Leave with full pay and allowances upto 15 days may be sanctioned at the discretion of the Commanding Officer. Any period of overstayal of leave beyond 30 days in the case of Sailors or 15 days in the case of Artificer Apprentices, shall be reported to the Chief of Personnel for orders. In such cases, the period of overstayal may be regularised at the discretion of the Chief of Personnel by grant of leave without pay.

Calculation Date of Next Increment (DNI) in Promotion – Questions and Answers of Rajya Sabha 2019

Clarification on Date of Next Increment (DNI) in Promotion – Rajya Sabha Questions and Answers 2019

In Rajya Sabha on 10.12.2019, a question was raised regarding the determination of date of next increment for Central Government employees. The Minister of State for Finance Shri Anurag Singh Thakur has replied in written form as follows…

“In case an employee, promoted between 2nd January and 30th June (both inclusive), opts for pay fixation from the date of next increment i.e., 1st July, the first increment on the level to which he/she has been promoted will be on following 1st January”.

Also he said, as per Department of Expenditure’s O.M. No. 4-21/2017-IC/E.III(A) dated 28.11.2019, the employee promoted on any other date than the date of annual increment and exercises the option under FR 22(1)(a)(1) for fixation of pay from the date of accrual of next increment in the scale of pay in lower grade, would be allowed the 1st increment in promotional grade on 1st January 1st July as the case may be after completion of 6 months’ qualifying service after such fixation on 1st July / 1st January (i.e., the date of increment in lower grade).

Source: DoPT & MoF Orders

Additional Relief on death/disability of Central Government servants covered by NPS - CPAO Life Certificate

Additional Relief on death/disability of Central Government servants covered by NPS - CPAO Life Certificate

Government of India

Ministry of Finance

Department of Expenditure

Central Pension Accounting Office

Trikoot-II, Bhaikaji Cama Place,

New Delhi-110066

Phones: 26174596,26174456,26174438

CPAO/IT&Tech/Life Certificate/2 Vol―V/2019-20/159 Dated 13.12.2019

OFFICE MEMORANDUM

Attention is invited to Para 3 (xix) of OM No.1(7)/DCPS(NPS)/2009/TA/221 dated 02,07.2009 and subsequent corrigendum No. 1(7)/DCPS(NPS)/2099/TA/295 dated 27.05.2013 issued by O/o the Controller General of Accounts, Department of Expenditure, Ministry of Finance for submission of the requisite certificates by the Pensioners/Family Pensioners covered under NPS-Additional Relief Scheme(NPS-AR) wherein it is mentioned that -

"The Pension Account Holding Bank will be responsible for obtaining periodical certificates such as Life Certificate, Re-employment Certificate, etc. (as prescribed in CPAO's Scheme for "Payment of Pensions to Central Government Civil Pensioners through Authorised Banks") and intimating electronically to CPAO on due dates. (Life Certificate should be obtained on 1st November each year and intimation uploaded on CPAO's website.) Drawing of pensions/family pension will be subject to the receipt of Life Certificate by CPAO".

Also Check: Availing benefit of Additional Relief on Death / Disability of the Government Servant covered under NPS


2. This office is receiving Grievances from Pensioners/Family Pensioners covered under NPS-AR wherein it is stated that some Pension Account Holding Banks are not receiving periodical certificates such as Life Certificate, Re-employment Certificate, for onward transmission to CPAO electronically (through email) on due dates which results in delay in crediting the pension into the pensioner's account by CPAO.

3. All the Heads of CPPCs/Government Business Departments are requested to direct the concerned Branches of their Bank to obtain the requisite certificates , i.e. as Life Certificate, Re-employment Certificate, etc from the pensioners and intimate electronically (through email) to CPAO on due dates for making timely payment of pension and family pension to pensioners under NPS-AR Scheme.

This issues with the approval of the Chief Controller (Pensions).

Md.Shahid Kamal Ansari

(Dy. Controller of Accounts)

Download Order

Date of eligibility for pension and Retirement benefits

DoPPW Corrigendum Office Order – Who is eligible for Pension?

An error found in a booklet of “Know Your Retirement Benefits” published by the Department of Pension and Pensioners’ Welfare about date of applicability for pension.

DoPPW Corrigendum Office Order – Error in Booklet of “Know Your Retirement Benefits” – Who is eligible for Pension?

The DoPPW has published a corrigendum office order on 16.12.2019 to rectify the error about date of applicability for pension.

Also check: Expected DA from January 2020

As per the content of order, the DoPPW had published a booklet entitled “Know Your Retirement Benefits” for general awareness of retiring Government Employees. It is noticed that a printing mistake has crept in on the first page wherein it is printed that “WHO IS ELIGIBLE FOR PENSION“.

A Central Government employee who joined in pensionable service prior to 01-04-2014″. Whereas the date mentioned above should have been 01-01-2004.

It is accordingly requested that the words and figures “prior to 01-01-2004” in place of “prior to 01-04-2014” may be substituted in the first sentence at page 1 of the above publication. Similar correction may also be read in the Hindi version published at page 1 of Hindi part of the book.

Central Civil Services Pension Rules

Who is eligible for pension?

A Central Government servant appointed in a pensionable establishment on or before 31.12.2003 and retires from Government service with a qualifying service of 10 years or more is eligible for pension.

What is the amount of minimum and maximum pension after 7th Pay Commission?

The pension shall not be less than Rs. 9000 (excluding the element of additional pension to old pensioners) and shall not be more than 50% of the highest pay in Government i.e Rs. 1,25,000 w.e.f. 01.01.2016.

CGHS – Medical benefits to dependent parents of Central Government Employees

CGHS – Medical benefits to dependent parents of Central Government Employees

CGHS

Medical benefits to dependent parents of Central Government Employees

 13 DEC 2019

For availing of medical facilities under Central Government Health Scheme (CGHS), parents are deemed to be dependent on the Central Government employee if they are normally residing with the employee and their monthly income from all sources including pension/ family pension does not exceed Rs. 9,000 plus the amount of Dearness Relief thereon. This condition of dependency is applicable to Pensioners of State Government(s) as well.

Also check: CGHS medical facilities reimbursement to Central Government pensioners

Regarding any scheme for providing medical facility to the dependent parents of employees of private sector, The Employees’ State Insurance (ESI) Act, 1948 read with ESI (Central) Rule, 1950 provides for medical benefits to the dependent parents of the Insured person i.e. an employee who works in a factory/ establishment having 10 or more workers & registered under the said Act and drawing salary less than Rs. 21,000 per month (Rs. 25,000 in case of persons with disability). Income limit for dependency of parents from all sources is Rs. 9,000 per month. The ESI Act is not applicable to Central Government employees and their dependents.

The Minister of State (Health and Family Welfare), Sh Ashwini Kumar Choubey stated this in a written reply in the Lok Sabha here today.

PIB

Recruitment to the post of Staff Car Driver in Ministry of Defence by Deputation or absorption or Re-employment basis

No.A-12023/1/2018-D (Estt. I/Gp.II)

Government of India
Ministry of Defence

Room No. 320, 'B' Wing,
Sena Bhawan, New Delhi- 110105
Dated 12th December, 2019

OFFICE MEMORANDUM

Subject: Recruitment to the post of Staff Car Driver in Ministry of Defence by Deputation or absorption or Re-employment basis

The undersigned is directed to say that one (01) post of Staff Car Driver(Ordinary Grade) in the Ministry of Defence carrying pay in Level 2 (Rs.19900 - Rs.63200) of Pay Matrix is proposed to be filled up by:

Deputation/ Absorption/ Re-employment

From amongst the regular Despatch Rider (Group-C) and Group C employees in Level 1 (Rs.18000 - Rs.56900) in the Ministry of Defence (Secretariat) who possess valid driving license for motor cars on the basis of a driving test conducted by Transport Company, Army Headquarters, Ministry of Defence to assess the competence to drive motor cars failing which from officials holding the post of Despatch Rider in other Ministries of the Central Government who fulfill the necessary qualifications, as mentioned below:

For Ex- Servicemen: Deputation/ Re-employment

The Armed Forces personnel due to retire or who are to be transferred to reserve within a period of one year and having the requisite experience and qualifications prescribed below shall also be considered. Such persons would be given deputation terms upto the date on which they, are due for release from the Armed Forces, thereafter, they may be continued on re- employment.

Also check: Admissibility of Daily Allowance to Staff Car Drivers: Railway Board Order

Essential education / technical qualification

Essential

• A pass in the 10th standard or equivalent from a recognized Board or Institution;
• Must possess a valid driving license for motor car issued by the competent authority;
• Knowledge of motor mechanism (the candidate should be able to remove minor defects in vehicles);
• Experience of driving a motor car for at least three years from reputed organisation.

Desirable:

Three years service as Home Guard or Civil volunteers.

Note 1: The qualifications regarding experience are relaxable at the discretion of the Competent Authority in the case of candidate otherwise well qualified.

Note 2: The qualifications regarding experience is relaxable at the discretion of the Competent Authority, in the case of candidates belonging to Scheduled Castes or Scheduled Tribes if at any stage of selection the competent authority is of the opinion that sufficient number of candidates with requisite experience are likely to be available to fill up the vacancy reserved for them.

2. In addition to the above, it may be noted that the period of deputation including the period of deputation in another ex-cadre post held immediately preceding this appointment in the same or some other organisation Department of the Central Government shall ordinarily not exceed 3 years. The maximum age limit for appointment by deputation / absorption shall not exceed 56 years as on the closing date of receipt of applications.

3. In the event of selection, appointment will be subject to passing of driving skill test.

4. Applications in the attached proforma (Annexure-I) from willing and eligible persons and whose services can be spared, shall be forwarded by the Employer/Cadre Controlling Authority along with duly filled-in certification (Annexure-II) to this office within six weeks from the date of publication of the advertisement in Employment News along with the following documents:

1. Matriculation certificate
2. Driving License
3. NOC from record office (in case of Armed forces personnel)
4. APAR dossiers for the last five years
5. Vigilance certificate
6. Experience certificate & Commendation certificate (if any)

(Phani Tulasi K.Ch)
Under Secretary to the Government of India

Source: MoD

NFIR Pending issues

NFIR Pending issues

 

NFIR

No. II/95/2018
The General Secretaries of
Affiliated Unions of NFIR

Dated: 09/12/2019

Brother,

Sub: Pending issues - reg.

During discussions with the Financial Commissioner (Railways) at Rail Bhavan, New Delhi, following pending issues were brought to her notice by NFIR for taking immediate action:-

Also check: Long pending demands of the Central Government employees

• Payment of Special Allowance to Stock Verifiers who were posted from the cadre of JAA on passing Appendix IV A (IREM Examination) - NFIR's PNM Item No. 22/2012
• Grant of one time relaxation for promotion against DR quota Vacancies of Accounts clerks to the eligible erstwhile Group 'D' staff of Accounts Department - NFIR PNM Item No. 30/2012.
• Implementation of commitment given to the Federation on NFIR's PNM Item No. 15/2013 during separate meeting held with the Member Staff and FC for granting stepping up of pay to the SSOs (Accounts) w.e.f. 01/01/2006 at par with their Junior (non-qualified)
• Implementation of 7th CPC recommendations for grant of GP 5400 to SSOs w.e.f. 01/01/2016. Correspondence between Railway Ministry and DoP&T/ MoF and back references continued - Accounts staff disappointed over abnormal delay.

After discussion on the above, FC has assured to take action on each item for quick finalization. She also assured to discuss with MoF /DoP&T on items (iii) and (iv).

The Federation also met Member Staff today at 9th December, 2019 and explained the necessity to take personal initiative for securing clearance for upgradation of 75% posts of Supervisors to GP 4800/Pay Level-8. Member Staff has assured to personally pursue even by reaching North Block (DoP&T/MoF).

Yours fraternally,
(Dr. M.Raghavaiah)
General Secretary

Source: NFIR

Rejection of 6th CPC minimum pay of the pay band to the Senior Nursing Superintendents on Railways

Rejection of 6th CPC minimum pay of the pay band to the Senior Nursing Superintendents on Railways

NFIR

No. III/SECRMC/4
The Secretary (E),
Railway Board,
New Delhi

Dear Sir,
Sub: Denial of minimum pay of the pay band (VI CPC) to the Senior Nursing Superintendents (Nursing Sisters) on Railways-reg.

Ref: NFIR’s PNM Agenda Item No.13 sent to Railway Board on 29/0512019.

Kind attention of Railway Board is invited to Federation’s. PNM Agenda Item No.13, wherein the cases of denial of minimum pay in the pay band of 6th CPC to the Senior Nursing Superintendents (earlier called Nursing Sisters) working in Railway Hospitals have been cited as example to facilitate the Railway Board to examine the case and render justice. Federation feels sad to convey that though a period of over six months has passed, there has been no action on the said Agenda Item (sent on 29/0512019).

Also check: Special Allowance to Nursing Superintendents working in Operation Theatre/ Intensive Care Unit-revision of Allowances

In this connection, Federation further desires to bring to the notice of Railway Board that two Nursing Sisters working in the Divisional Hospital, N.E. Railway, Izzatnagar, filed an O.A. No. 914/2016 which has been decided by the Hon'ble Tribunal (Principal Bench), New Delhi on 1st November, 2018, operating portion of the order is placed below:-

“5. A careful perusal of the decision of this Tribunal in Malbika Deb Gupta, as upheld by the Hon’ble High Court of Delhi in WPC No. 8058/2015 dated 04/11/2016, clearly reveals that the subject matter of the present O.A. is squarely covered by the said decision. It is also relevant here to state that the Union of India, Ministry of Finance, Department of Expenditure issued an Office Memorandum dated 28 /09/2018 on the same subject matter, which also supports the applicants’ case.
In the circumstances and for the aforesaid reasons, the O.A. is allowed in terms of the decision in Malbika Deb Gupta, as upheld by the Hon’ble High Court of Delhi in WPC No.8058/2015 vide order dated 04/11/2016, and the O.M. dated 28/09/2018. The respondents shall pass the necessary orders within three months from the date of receipt of a certified copy of this order. No order as to costs.”

Needless to mention that the above order passed by the CAT Principle Bench, New Delhi and upheld by the Hon'ble High Court, Delhi had attained finality, consequently orders are required to be issued to the Zones etc., for granting minimum pay of the pay band to the Senior Nursing Superintendents (Nursing Sisters) with effect from 01/01/2006. Federation re-iterates that its demand vide PNM Agenda Item No.13, presently pending with the Railway Board, is fully covered vide orders mentioned above, therefore, instructions need to be issued to the Zones etc., for granting correct fixation of pay to the concerned staff in the 6th CPC pay structure vis-d- vis 7th CPC pay level.
NFIR, therefore, requests the Railway Board to issue suitable instructions to the Zonal Railways etc., to grant minimum pay of Rs. 18750 (as on 01/01/2006) to the Senior Nursing Superintendent (Nursing Sisters) promoted prior to 01/01/2006. A copy of the instructions issued may be endorsed to.the Federation.

Yours faithfully,

Dr.M.Raghavaiah)
General Secretary

Source: NFIR

DoPT Appointment of Information Commissioner in the Central Information Commission

DoPT Appointment of Information Commissioner in the Central Information Commission

F. NO. 411612018-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi
Dated: 12th December, 2019

Subject: Appointment of Information Commissioner in the Central Information Commission.

Under the Right to Information Act 2005, the Government of India has constituted the Central Information Commission, which is located in New Delhi. The powers and functions of the Information Commissioner in the Central Information Commission are as per the RTI Act, 2005.

Latest DoPT Orders 2019

It is proposed to appoint four Information Commissioners in the Central Information Commission.
The Act provides that the Information Commissioner-

• shall be a person of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass-media or administration and governance.
• shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. It is clarified that cessation/termination of holding of office of profit, pursuing any profession or carrying any business is a condition precedent to the appointment of a person as Information Commissioner.

4. Persons who have attained the age of 65 years shall not be eligible for appointment.

5. The salary, allowances and other terms and conditions of service of the Information Commissioners shall be as per Right to Information (Term of Office, Salaries, Allowances and Other Terms and Conditions of Service of Chief Information Commissioner, Information Commissioners in the Central Information Commission, State Chief Information Commissioner and State Information Commissioners in the State Information Commission) Rules, 2019.

6. Persons fulfilling the criteria and interested for appointment to the post of Information Commissioner may send their particulars in the enclosed proforma, by post, to Under Secretary (IR-II), Room No. 215 A/II, Department of Personnel and Training, North Block, New Delhi or through e-mail to usrti-dopt©nic.in so as to reach before 5:00 PM on 3d January, 2020. Persons serving under the State/ Central Government or any other Organization, should send their particulars through proper channel (administrative Ministry/ Department of State-UT/ Central Government or the Controlling Office respectively).

(Sanjay Kumar)
Under Secretary (IR-II)

Note:
(i) RTI Act, 2005 and Rules thereunder may be referred to by intending applicants for general familiarization, as could be appropriate.

(ii) Those who had applied for the post of Information Commissioner in response to the earlier advertisement dated 04.01 .2019 are requested to communicate in writing their willingness to be considered for the post of Information Commissioner under the present terms and conditions of service, along with an updated bio-data, if required, so as to reach Under Secretary (IR-II) by post or through e-mail before 5:00 PM on 3 January, 2020.

Source: DoPT