Wednesday, August 30, 2017
Tuesday, August 29, 2017
ORDERS ENDORSED BY THE
DEMARTMENT OF POST
Exemption for travel in
airlines other than Air India - reg. (Click the link below to view)
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Recommendations of the 7th
Central Pay Commission (CPC) - bunching of stages in the revised pay structure
under Central Civil Services (Revised Pay) Rules, 2016 (Click the link below to
view)
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Recommendations of the Seventh
Central Pay Commission - Implementation of decision relating to the grant of
Children Education Allowance (Click
the link below to view)
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Recommendations of the Seventh
Central Pay Commission - Implementation of decisions relating to Special
Allowance for Child Care for Women with disabilities (Click
the link below to view)
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Implementation of the
recommendations of Seventh Central Pay Commission - abolishment of Sumptuary
Allowance (Click the link below to view)
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Implementation of Governments
decision on the recommendations of the Seventh Central Pay Commission -
Abolishing Desk Allowance
(Click
the link below to view)
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Inspection Questionnaire for CBS HOs/SOs and AOICO inspection on
HO/SBCO (Click
the link below to view)
RECOVERY OF WRONGFUL / EXCESS
PAYMENTS MADE TO GOVERNMENT SERVANTS
F.No.18/03/2015-Estt. (Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
New Delhi, the 2nd March, 2016
OFFICE MEMORANDUM
Sub: Recovery of wrongful / excess payments made to Government
servants.
The undersigned is directed to refer to this Department’s OM
No.18/26/2011-Estt (Pay-I) dated 6th February, 2014 wherein certain instructions
have been issued to deal with the issue of recovery of wrongful / excess
payments made to Government servants in view of the law declared by Courts,
particularly, in the case of Chandi Prasad Uniyal And Ors. vs. State of
Uttarakhand And Ors., 2012 AIR SCW 4742, (2012) 8 SCC 417. Para 3(iv) of the OM
inter-alia provides that recovery should be made in all cases of overpayment
barring few exceptions of extreme hardships.
2. The issue has subsequently come up for consideration before
the Hon’ble Supreme Court in the case of State of Punjab & Ors vs Rafiq
Masih (White Washer) etc in CA No.11527 of 2014 (Arising out of SLP(C) No.11684
of 2012) wherein Hon’ble Court on 18.12.2014 decided a bunch of cases in which
monetary benefits were given to employees in excess of their entitlement due to
unintentional mistakes committed by the concerned competent authorities, in
determining the emoluments payable to them, and the employees were not guilty
of furnishing any incorrect information / misrepresentation / fraud, which had
led the concerned competent authorities to commit the mistake of making the
higher payment to the employees. The employees were as innocent as their
employers in the wrongful determination of their inflated emoluments. The
Hon’ble Supreme Court in its judgment dated 18 th December, 2014 ibid has,
inter-alia, observed as under:
“7. Having
examined a number of judgments rendered by this Court, we are of the view, that
orders passed by the employer seeking recovery of monetary benefits wrongly
extended to employees, can only be interfered with, in cases where such
recovery would result in a hardship of a nature, which would far outweigh, the
equitable balance of the employer’s right to recover. In other words,
interference would be called for, only in such cases where, it would be
iniquitous to recover the payment made. In order to ascertain the parameters of
the above consideration, and the test to be applied, reference needs to be made
to situations when this Court exempted employees from such recovery, even in
exercise of its jurisdiction under Article 142 of the Constitution of India.
Repeated exercise of such power, “for doing complete justice in any cause”
would establish that the recovery being effected was iniquitous, and therefore,
arbitrary. And accordingly, the interference at the hands of this Court.”
“10. In view of
the afore-stated constitutional mandate, equity and good conscience, in the
matter of livelihood of the people of this country, has to be the basis of all
governmental actions. An action of the State, ordering a recovery from an
employee, would be in order, so long as it is not rendered iniquitous to the
extent, that the action of recovery would be more unfair, more wrongful, more
improper, and more unwarranted, than the corresponding right of the employer,
to recover the amount. Or in other words, till such time as the recovery would
have a harsh and arbitrary effect on the employee, it would be permissible in
law. Orders passed in given situations repeatedly, even in exercise of the
power vested in this Court under Article 142 of the Constitution of India, will
disclose the parameters of the realm of an action of recovery (of an excess
amount paid to an employee) which would breach the obligations of the State, to
citizens of this country, and render the action arbitrary, and therefore,
violative of the mandate contained in Article 14 of the Constitution of India.”
3. The issue that was required to be adjudicated by the Hon’ble
Supreme Court was whether all the private respondents, against whom an order-of
recovery (of the excess amount) has been made, should be exempted in law, from
the reimbursement of the same to the employer. For the applicability of the
instant order, and the conclusions recorded by them thereinafter, the
ingredients depicted in paras 2&3 of the judgment are essentially
indispensable.
4. The Hon’ble Supreme Court while observing that it is not
possible to postulate all situations of hardship which would govern employees
on the issue of recovery, where payments have mistakenly been made by the
employer, in excess of their entitlement has summarized the following few
situations, wherein recoveries by the employers would be impermissible in law:-
(i) Recovery from employees belonging to Class-III and Class-IV
service (or Group ‘C’ and Group ‘D’ service).
(ii) Recovery from retired employees, or employees who are due
to retire within one year, of the order of recovery.
(iii) Recovery from employees, when the excess payment has been
made for a period in excess of five years, before the order of recovery is
issued.
(iv) Recovery in cases where an employee has wrongfully been
required to discharge duties of a higher post, and has been paid accordingly,
even though he should have rightfully been required to work against an inferior
post.
(v) In any other case, where the Court arrives at the
conclusion, that recovery if made from the employee, would be iniquitous or
harsh or arbitrary to such an extent, as would far outweigh the equitable
balance of the employer’s right to recover.
5. The matter has, consequently, been examined in consultation
with the Department of Expenditure and the Department of Legal Affairs. The
Ministries / Departments are advised to deal with the issue of wrongful /
excess payments made to Government servants in accordance with above decision
of the Hon’ble Supreme Court in CA No.11527 of 2014 (arising out of SLP (C)
No.11684 of 2012) in State of Punjab and others etc vs Rafiq Masih (White
Washer) etc. However, wherever the waiver of recovery in the above-mentioned
situations is considered, the same may be allowed with the express approval of
Department of Expenditure in terms of this Department’s OM No.18/26/2011-Estt
(Pay-I) dated 6th February, 2014.
6. In so far as persons serving in the Indian Audit and Accounts
Department are concerned, these orders are issued with the concurrence of the
Comptroller and Auditor General of India.
7. Hindi version will follow.
sd/-
(A.K.Jain)
Deputy Secretary to the Government of India
Authority :www.persmin.gov.in
Implementation of Government decision on the recommendation of the VIIth Pay Commission on CCS (Extraordinary Pension) Rules, 1939 Enhancement of Constant Attendant Allowance
TO VIEW PLEASE CLICK HERE.
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SIMPLIFICATION OF PENSION PROCEDURE
(Click the link below to mview)
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Financial Powers of the Head of Department of P&PW have been increased for incurring Contingent and Miscellaneous Expenditure under Schedule V and VI of DFPRs 1978...
PROCEDURE TO GET A CGHS
PLASTIC CARD
Eligible serving employees/pensioners have to apply in the
prescribed form (available on CGHS website www.cghs.nic.in and in the wellness
centers)
The form should be
completely filled up with individual photographs pasted as specified in the
form
Following documents
need to be attached
In case of serving employee:
·
Proof of residence.
·
Proof of stay of dependents.
·
Proof of age of son.
·
In case of differently abled dependent son
above 25 years, disability certificate from competent authority as specified.
In
case of pensioners:-
In addition to 1 to 4 above:
Surrender certificate of CGHS Card (only if CGHS Card was issued during Service
Period).
Attested copies of PPO/Provisional
PPO/Last Pay Certificate (in case PPO is not readily available immediately
after retirement.)
Demand Draft in the name of “PAO
CGHS New Delhi” (in case of Delhi) or Additional Director of the CGHS city
where the card is to be made.
The amount of Demand Draft will be
for contribution due for one year if the card is to be made for yearly renewal
basis and for 10 years if whole life card is required.
Dependency criteria-
In pursuance of the recommendations of the Sixth Central Pay Commission, it has
been decided that for availing the medical facilities under the scheme, parents
(or parents-in -law in case of female employee), unmarried son till 25 years of
age, dependent unmarried/widowed/divorced/separated daughters and sisters,
minor brothers will be deemed dependent on the Government employee if they are normally
residing- with him and their income from all sources including pension and
pension equivalent of DCRG benefit is less than Rs. 3500 +DA per month. This
criteria does not apply to spouse and disabled son irrespective of age (please
see definition of disability in instructions for filling CGHS card)
Channel of
submission:-In case of serving employees the application is to be submitted
through the department after due endorsement. In case of Pensioners the
application with enclosures are to be submitted to Addl. Director (HQ) in Delhi
and concerned Addl. Director of the city.
Provision
for making pensioner CGHS card while in Service:-
A serving employee can
apply for a pensioner CGHS Card along with his pension papers.
Application with
enclosures and bank draft is to be forwarded to the CGHS through the office of
the employee. The pensioner Card will be issued on the day of retirement
(provided it is applied for at least six weeks before retirement date) and will
get activated from next day.
Addition/Deletion
of names in CGHS Cards
On the death of the
main card holder, the card becomes invalid and fresh card has to be applied for
by the spouse after he/she starts drawing the family pension. Old CGHS card and
a Death Certificate need to be attached with the application.
A serving employee on
marriage or on the birth of his/ her child may get the names of spouse /child
added to the card after submitting the form for addition duly endorsed by his
department
After the death of
spouse and death/marriage/employment of a son/daughter/dependent it is the
responsibility of main card holder to inform CGHS for necessary deletion of the
card
Validity of the CGHS Card
The service card will
be valid till the date of retirement if otherwise the employee is eligible. In
case of yearly contribution pensioner cards, in order to continue validity,
contribution is to be made prior to completion of the continuing year.
In case of transfer of
serving employee to a non CGHS covered area the service card will be valid for
the family members up to six months after transfer provided CGHS contribution
for 6 months is made before hand. CGHS card is valid in all CGHS cities for
treatment/investigation/Hospitalization. There is no need for transit permit to
get treatment in another CGHS city except for receiving high value medicines
classified as “lifesaving”/restricted supply medicines for which temporary
attachment to a wellness center is required.
Transfer of CGHS Cards
In case of serving
CGHS beneficiary transferred from one department /ministry to another in the
same city, the same CGHS card will continue. The new department/ministry will
duly inform CGHS so that necessary changes can be made in the database of the
employee. In case of transfer of a serving CGHS beneficiary from one CGHS
covered city to another, the CGHS card is to be surrendered in the existing
city of posting and a new CGHS card is to be issued from the new city of
Posting.
CGHS
Card for Pensioners residing outside CGHS Cities
Pensioners residing
outside CGHS covered area can opt for a regular CGHS Card or an IPD (Indoor
treatment) CGHS Card with fixed medical Allowance (in lieu of OPD treatment)
from the nearby CGHS city. IPD card holders will not be eligible for OPD
treatment & issue of medicines from CGHS Wellness Centers.
Click to Download
Application Forms
Application Forms
available for download for Plastic Card
Sunday, August 27, 2017
Friday, August 25, 2017
DEPARTMENT OF POSTS – 7th CPC REVISION OF
PRE- 2016 PENSIONERS (Letters from Department of Posts)
No. 4-3/2017-Pension
Government of India
Ministry of Communications
Department of Posts
(Pension Section)
Ministry of Communications
Department of Posts
(Pension Section)
Dak Bhawan, Sansad Marg,
New Delhi – 110 001
Dated : 10.07.2017
New Delhi – 110 001
Dated : 10.07.2017
To
All Head(s) of Circles
All General
Manager (Finance)/Director of Accounts (Postal)
Sub: Implementation of Government’s decision on the
recommendations of the Seventh Central Pay Commission- Revision of pension of
pre- 2016 pensioners/family pensioner’s etc-reg.
Sir/Madam,
Kindly refer to this office letter
of even number dated 23.5.2017 circulating DoP&PW 0.M. No.
38/37/2016-P&PW(A) dated 6.7.2017 regarding implementation of Government
decision for revision of pension of pre-2016 pensioners/family pensioners.
2. Department of Pension & Pensioners
Welfare has circulated D.M. No.38/37/2016-P&PW (A) dated 6.7.2017
concordance tables for fixation of notional pay and pension/family pension of
employees who retired/died in various grades during the 4th , 5th and 6th Pay
Commission periods. A copy of the O.M. is forwarded herewith for information
and compliance. The concordance table is available on the website of Department
of Pension & PW at http://www.doppw.gov.in and appropriate table may be
utilized in terms of instructions of DoP&PW O.M. dated 6.7.2017. In the
case of those employees who retired/died before 01.01.1986, these concordance
tables may be used based on their notional pay as on 01.01.1986, which was
fixed in accordance with DoP&PW’s Q.M. No. 45/86/97-P&PW(D)(iii) dated
10.02.1998.
3. Separate tables have been given in
respect of pre-01.01.2016 pensioners who retired in the Group D pay scales
corresponding to 6th CPC grade pay of Rs 1300/-, Rs 1400/-, Rs 1600/- and
Rs 1650/- (Table No. 1 to Table No.4) and for pensioners who retired during 6th
CPC period after upgradation to the Grade pay of Rs 1800/- (Table No. 5 to
Table No. 8). The pension/family pension of such pensioners/family pensioners
may be revised using the appropriate table.
4. In case of any inconsistency in the
concordance tables vis-a-vis the relevant rules/instructions, the notional pay
and pension/family pension of pre-2016 pensioners/family pensioners may be
fixed in accordance with the rules/instructions applicable for fixation of pay
in the intervening Pay Commission periods.
5 .It is requested that all concerned
subordinate authorities may be instructed accordingly. Vigorous efforts may be
made to complete all revision cases by 30.9.2017. The nodal officer in each
circle/DAP may please send the progress report on fortnightly basis in time.
Yours faithfully,
S/d,
(Smriti Sharan )
Dy. Director General (Estt.)
S/d,
(Smriti Sharan )
Dy. Director General (Estt.)
Thursday, August 24, 2017
Recommendations of the Seventh Central Pay Commission — implementation of decisions relating to Special Allowance for child care for women with disabilities
No.A-27012/03/2017-Estt.(AL)
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Personnel & Training
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Personnel & Training
New Delhi, 16th August, 2017.
Subject: Recommendations of the Seventh Central Pay Commission —
implementation of decisions relating to Special Allowance for child care for
women with disabilities.
Consequent upon the decision taken
by the Government on the recommendations made by the Seventh Central Pay
Commission for providing extra benefits to women employees with disabilities
especially when they have young children and children with disability, the
President is pleased to issue the following instructions:-
(i) Women with disabilities shall
be paid Rs.3000/-per month as Special Allowance for Child care.
The allowance shall be payable
from the time of the child’s birth till the child is two years old.
(ii) It shall be payable for a
maximum of two eldest surviving children.
(iii) Disability means a person
having a minimum Disability of 40% as elaborated in Ministry of Welfare’s
Notification No. 16-18/97-NI.I dated 1.6.2001 and amended from time to time.
(iv) The above limit would be
automatically raised by 25% every time the Dearness Allowance on the revised
pay structure goes up by 50%.
2.These orders shall be effective
from 1st July, 2017.
3.Insofar as persons serving in
the Indian Audit and Accounts Department are concerned, these orders issue in
consultation with the Comptroller and auditor General of India.
S/d,
(Navneet Misra)
Under Secretary to the Govt. of India
(Navneet Misra)
Under Secretary to the Govt. of India
Wednesday, August 23, 2017
ONE
DAY STRIKE 23rd AUGUST-2017
A
GRAND SUCCESS
Congratulations and Revolutionary Greetings to all
General Secretaries, NFPE Office Bearers, Circle/Divisional and Branch Secretaries of All Unions of NFPE including
GDS Union for making One Day Strike on dated 23.08.2017 a Grand Success.
After a long
gap NFPE has conducted strike alone and only for settlement of Postal Sectional
demands and it is made grand success by our Comrades.
Out of 10
demands, three demands have already been settled by the Department. One demand,
Declaration of result of membership Verification has been submitted to Minister
(C) by Secretary (P) for approval.
GDS Committee
Report: Some queries were raised by the Finance Ministry and reply has been
sent by the department. It will be implemented very soon.
On other demands
Department has started action.
The
Position of strike, Circle wise is placed below:
|
VERY GOOD
|
Kerala, West Bengal, Maharashtra,
Assam, North East, Tamilnadu, Odisha, Jharkhand, Chhattisharg
|
|
GOOD
|
Telangana , UP, M P ,AP, Punjab,
Haryana, HP , Bihar
|
|
AVERAGE/PARTIAL
|
Delhi, Rajasthan, Uttarakhand,
J&K , Karnataka , Gujarat
|
R.N. PARASHAR
SECRETARY GENERAL
NFPE
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