DEPARTMENTAL EXAMS - 2021 PUT ON HOLD TILL FURTHER ORDERS
Saturday, July 31, 2021
Friday, July 30, 2021
PROVISION OF CREAMY LAYER IN
GENERAL CATEGORY FOR GOVERNMENT SERVICES – RAJYA SABHA QA
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL AND TRAINING)
RAJYA SABHA
STARRED QUESTION NO.
112
(TO BE ANSWERED ON 29.07.2021)
PROVISION OF CREAMY
LAYER FOR GENERAL CATEGORY
112 # SMT. CHHAYA VERMA:
Will the PRIME MINISTER be pleased to state:
(a) whether Government
is considering to make provision of creamy layer in general category for
Government services on the lines of provision of creamy layer for the
candidates in Other Backward Classes so that only weaker sections get
Government services;
(b) whether a dual
policy is being implemented on the candidates belonging to Other Backward
Classes by implementing the provision of creamy layer only on Other Backward
Classes; and
(c) the details of
income criteria set for creamy layer at present and when was it increased and
whether it is being increased from time to time?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF PERSONNEL,
PUBLIC GRIEVANCES
AND PENSIONS AND MINISTER OF STATE IN
THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)
(a) to (c): A statement is laid on the Table of
the House
STATEMENT REFERRED TO IN REPLY OF RAJYA SABHA
STARRED QUESTION
NO.112 FOR ANSWER ON 29.07.2021 BY SMT.
CHHAYA VERMA REGARDING
PROVISION OF CREAMY LAYER FOR GENERAL CATEGORY
(a) & (b): The concept
of exclusion of creamy layer from amongst Other Backward Classes (OBCs) has
been introduced based on the directions of the Hon’ble Supreme Court in Indra
Sawhney Vs.UOI & Ors. delivered in 1992.
(c): The income criteria
to exclude creamy layer has been revised from time to time as follows:
(i) Vide O.M.
No.36033/3/2004-Estt(Res), dated 9th March, 2004, the income limit was revised
from Rs.1 lakh to Rs.2.5 lakh per annum.
(ii) Vide O.M.
No.36033/3/2004-Estt(Res), dated 14th October, 2008, the income limit was
revised from Rs.2.5 lakh to Rs.4.5 lakh per annum.
(iii) Vide O.M.
No.36033/1/2013-Estt(Res), dated 27th May, 2013, the income limit was revised
from 4.5 lakh to Rs.6 lakh per annum.
(iv) Vide O.M.
No.36033/1/2013-Estt(Res), dated 13th September, 2017, the income limit was
revised from Rs.6 lakh to Rs.8 lakh per annum.
The present income limit
is Rs.8 lakh per annum
Source: Rajya Sabha
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RESTORATION OF FULL BENEFITS
OF DEARNESS ALLOWANCE (DA) AND DEARNESS RELIEF (DR) IN ACCORDANCE WITH 7TH PAY
COMMISSION FITMENT FACTOR: RAJYA SABHA QA
Government of India
Ministry of Finance
Department of Expenditure
Rajya Sabha
Unstarred Question No. 867
To be answered on Tuesday, 27th July, 2021
Sravan 5, 1943 (Saka)
Restoration of benefits of DA/DR
867:: Shri Naranbhai J. Rathwa:
Will the Minister of Finance be pleased to
state:
(a) whether Government
is actively considering to raise monthly gross basic pay of Government
employees after restoration of full benefits of Dearness Allowance (DA) and
Dearness Relief(DR) in accordance with fitment factor as per the
recommendations of 7th Pay Commission;
(b) if so, details of such increase post DA/DR
restoration and whether pensioners will also be benefited due to this fitment
factor; and
(c) the details in
terms of percentage of pending DA/DR restoration since January, 2020 and the
quantum of installment of DA/DR of July, 2021 and when it is likely to be
released to Government employees/pensioners?
Answer
Minister of State in the Ministry of Finance
(Shri Pankaj Chaudhary)
(a) No Sir, The fitment
factor of 2.57 was uniformly applied to all categories of employees only for
the purpose of fixation of pay in the revised pay Structure based on the
recommendations of the 7th Central Pay Commission
(b) Does not arise;
(c) The Government has
released the installments of DA/DR from 01.07.2021 which were due from
01.01.2020, 01.07.2020 and 01.01.2021 in respect of Central Government
employees/pensioners. The Central Government employees/Pensioners will get
DA/DR @ 28% (11% over the existing rate of 17%) from July, 2021.
Source: Rajya Sabha
REDUCTION OF INTEREST IN POST OFFICE SAVINGS SCHEME - RAJYA SABHA (Q & A) - 29-07-2021
CLICK HERE FOR
DETAILS & COPY (3 pages)
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NUMBER OF POSTS OFFICES & NUMBER OF PO SAVINGS ACCOUNTS -- RAJYA
SABHA (Q & A) - 29-07-2021
CLICK
HERE FOR DETAILS & COPY (5 pages)
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SHORTAGE
OF GRAM DAK SEVAKS -- RAJYA SABHA (Q & A) - 29-07-2021
Thursday, July 29, 2021
CLARIFICATIONS/ GUIDANCE SOUGHT FROM CIRCLES IN MATTER PERTAINING TO INDIVIDUAL CASES (Click the link below to view)
http://utilities.cept.gov.in/dop/pdfbind.ashx?id=5746
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CENTRAL
GOVERNMENT EMPLOYEES GROUP INSURANCE SCHEME -1980-TABLE OF BENEFITS FOR THE
SAVINGS FUND FOR THE PERIOD FROM 01.07.2021 TO 30.09.2021 (DOP ORDER)
(Click the link
below to view)
http://utilities.cept.gov.in/dop/pdfbind.ashx?id=5750
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STRICT
COMPLIANCE OF GUIDELINES ON AIR TRAVEL ON OFFICIAL TOURS –REGARDING
(Click the link
below to view)
http://utilities.cept.gov.in/dop/pdfbind.ashx?id=5745
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PROMOTION
AND POSTING OF STS OFFICERS OF IPOS, GROUP ‘A’ TO JAG
(Click the link
below to view)
http://utilities.cept.gov.in/dop/pdfbind.ashx?id=5751
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CIRCLE
ALLOTMENT TO PROBATIONERS OF 2018 AND 2019 BATCHES OF INDIA POSTAL SERVICE (IPOS),
GROUP 'A' FOR INDEPENDENT POSTING ON COMPLETION OF TRAINING
(Click the link
below to view)
http://utilities.cept.gov.in/dop/pdfbind.ashx?id=5748
Wednesday, July 28, 2021
Tuesday, July 27, 2021
CENTRAL
GOVERNMENT EMPLOYEES GROUP INSURANCE SCHEME - TABLE OF BENEFITS FOR 01.07.2021
TO 30.09.2021 (CLICK THE LINK BELOW TO VIEW)
https://doe.gov.in/sites/default/files/CGEGIS%20Table__01.07.2021-30.09.2021_bilingual.pdf
Saturday, July 24, 2021
Friday, July 23, 2021
WEBINAR ON RESPIRATORY DISORDERS & ROLE OF YOGA ON 27 JULY 2021 (CLICK THE LINK BELOW TO VIEW)
https://cghs.gov.in/showfile.php?lid=6135
STANDARD ACCOUNTING PROCEDURE FOR MCCAMISH-ATM, MCCAMISH-CBS, MCCAMISH-IPPB AND EMPLOYEE PORTAL - PAYMENT MODE CHEQUE
Click Here to view details (13 Pages)
Thursday, July 22, 2021
SB ORDER 21/2021 - REGARDING RESTRICTION OF MANUAL POSB TRANSACTIONS
IN RICT-CBS ENABLED GDS BRANCH POST OFFICES (BOS)
(CLICK
THE LINK BELOW TO VIEW)
http://utilities.cept.gov.in/dop/pdfbind.ashx?id=5732
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SB ORDER 22/2021 - AMENDMENT IN RULE 43(2)(VI) OF POSB MANUAL VOLUME
II REGARDING (CLICK
THE LINK BELOW TO VIEW)
REVISED RATE OF DEARNESS RELIEF TO CENTRAL GOVERNMENT PENSIONER/FAMILY PENSIONERS W.E.F. 01.07.2021 (22/07/2021)
(CLICK
THE LINK BELOW TO VIEW)
https://documents.doptcirculars.nic.in/D3/D03ppw/DR_22July2021Ra8mHf.pdf
Wednesday, July 21, 2021
PROMOTION TO THE POST OF DIRECTOR GENERAL POSTAL SERVICES (DGPS) IN
THE DEPARTMENT OF POSTS
(CLICK
THE LINK BELOW TO VIEW)
http://utilities.cept.gov.in/dop/pdfbind.ashx?id=5727
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SB ORDER NO 19/2021: AMENDMENT IN PARA XI OF PART A OF SB ORDER NO
34/2020 REGARDING
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SB ORDER 20/2021.: ABOLITION OF SAVING BANK APTITUDE TEST- REGARDING
Tuesday, July 20, 2021
BOOKING OF INTERNATIONAL AIRMAILS - EMS,
LETTER, PARCELS & ITPS (CLICK
THE LINK BELOW TOP VIEW)
https://www.indiapost.gov.in/VAS/Pages/News/IP_INTL_BOOKING_19072021.pdf
NOTIFICATION-PO & RMS ACCOUNTANT
EXAMINATION 2021 SCHEDULED TO BE HELD ON 29.08.2021 - JHARKHAND CIRCLE
(CLICK THE LINK BELOW TOP VIEW)
http://utilities.cept.gov.in/dop/pdfbind.ashx?id=5722
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NOTIFICATION OF PO & RMS ACCOUNTANT
EXAMINATION 2021 UP CIRCLE SCHEDULED TO BE HELD ON 29TH AUG 2021 - UP CIRCLE
(CLICK THE LINK BELOW TOP VIEW)
http://utilities.cept.gov.in/dop/pdfbind.ashx?id=5724
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NOTIFICATION IN R/O PO & RMS
ACCOUNTANT EXAMINATION, 2021 TO BE HELD ON 29.08.2021 - HP CIRCLE (CLICK THE LINK BELOW TOP VIEW)
Monday, July 19, 2021
Sunday, July 18, 2021
PREPONEMENT OF
EFFECTIVE DATE OF MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS) W.E.F.
01.01.2006 AS PER SUPREME COURT ORDER.
No.35034/3/2015-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
Dated: 13th July, 2021.
OFFICE MEMORANDUM
Subject: Cases pending or decided by Hon’ble High Courts/Central Administrative Tribunals regarding preponement of effective date of Modified Assured Career Progression Scheme – Order of the Hon’ble Supreme Court of India dated 28.4.2021 in CA No. 1579/21 (SLP (C) No. 15572/2019) of Union of India v/s R.K. Sharma & others – reg.
The undersigned is directed to say that vide O.M. of even number dated 30.9.2020, Ministries/ Departments were advised to defend all cases or challenge the Orders of Court/Tribunal, as the case may be, which are contrary to Modified Assured Career Progression Scheme (MACPS) guidelines, since the matter relating to preponing the date of effect of the MACPS from 1.9.2008 (as provided in the scheme) to 1.1.2006, was sub-judice in a number of cases pending in the Apex Court, which have been tagged with SLP No. 10811-13/2018 of Uol v/s Ranjit Samuel, and that all similar matters were being heard together.
2. Though decision in the above mentioned cases is still awaited, the Hon’ble Supreme Court of India, in a related matter, has held that benefits under the MACPS cannot be claimed w.e.f. 1.1.2006. In its Order dated 28.4.2021 in Civil Appeal No. 1579/2021 [arising out of SLP (C) No. 15572/2019] of Union of India v/s R.K. Sharma & Others, the Hon’ble Apex Court has held as under:-
“7. For a better understanding of the dispute in these cases, it is necessary to examine the judgments of this Court in Balbir Singh Turn (supra) and M.V. Mohanan Nair (supra). The point that was considered by this Court in Balbir Singh Turn (supra) relates to the applicability of the benefit of MACPS from 01.01.2006. The Respondents therein approached the Armed Forces Tribunal which held that the benefit of ACP granted to an employee is part of the pay structure which affects the pay and also his pension. The Armed Forces Tribunal held that an ACP is not an allowance but a part of pay and therefore, in terms of the Government resolution, the employees were entitled for MACP w.e.f. 01.01.2006. This Court in Balbir Singh Turn (supra) upheld the said finding recorded by the Armed Forces Tribunal. Instructions issued on 30.05.2011 were found to be contrary to the resolution dated 30.08.2008 as, according to the resolution 01.01.2006 was the effective date for implementation of MACPS in matters relating to pay and dearness allowance.
8. In MV. Mohanan Nair (supra) a three Judge Bench of this Court considered the ACPS as well as the MACPS to hold that the schemes are in the nature of incentive schemes which were brought into force to relieve stagnation. This Court was of the considered view that the Respondents therein were entitled only to the benefit of next grade pay in the pay band and not to the benefit of grade pay of next promotional post. As the MACPS is a matter of Government policy pursuant to the recommendations made by the Pay Commission, this Court refused to accept submissions of the employees that MACPS should be made applicable w.e.f. 01.01.2006.
9. In view of the judgment of this Court in M.V. Mohanan Nair (supra), the Respondents and other similarly situated employees are entitled for financial upgradation under MACPS only to the next grade pay and not to the grade pay of next promotional post. It is clear from the resolution dated 30.08.2008 that the recommendation of the 6th Pay Commission was accepted by the Government and was made effective from 01.01.2006 in respect of civilian employees with regard to revised scales of pay and dearness allowances. In so far as the revised allowances other than dearness allowance, recommendation of the 6th Pay Commission were given effect from 01.09.2008. The judgment in M.V. Mohanan Nair (supra) clinches the issue. Benefits flowing from ACP & MACP Schemes are incentives and are not part of pay. The resolution dated 29.08.2008 is made effective from 01.09.2008 for implementation of allowances other than Pay and DA which includes financial upgradation under ACP & MACP Schemes. Therefore, the Respondents and other similarly situated officers are not entitled to seek implementation of the benefits of MACPS w.e.f. 01.01.2006 according to the resolution dated 29.08.2008. Moreover, the implementation of MACPS by granting financial upgradation only to the next grade pay in the pay band and not granting pay of the next promotional post w.e.f. 01.01.2006 would be detrimental to a large number of employees, particularly those who have retired. We find force in the submission made by the learned Additional Solicitor General that uniform implementation of MACPS for civilian employees w.e.f. 01.01.2006 would result in large scale recoveries of amounts paid in excess.
10. In view of the above, we set aside the judgment of the High Court and allow these Appeals.”
3. Accordingly, in terms of the existing MACP guidelines, and in light of above mentioned order dated 28.4.2021, all Ministries/Departments are, therefore, advised to dispose of all pending grievances seeking grant of benefit w.ef. 1.1.2006 under the MACP Scheme, and also. to defend the various pending Court Cases or to take immediate suitable action for appealing against such judgments which are contrary to the existing policy, as upheld by the Hon’ble Apex Court in the instant case.
Sd/-
(A. Bhattacharya)
Deputy Secretary