Tuesday, January 16, 2018

Additional documents produced by Defence Forces pensioners in absence of Aadhaar number-PCDA

Office of the Principal Controller of Defence Accounts (Pension), Draupadi 
Ghat, Allahabad-211014

Circular No. 197
No. AT/Tech/30-XIX
Dated: 10.01.2018

To,

The Chief Accountant, RBI Deptt. of Govt. Bank Accounts, Central office C-7, Second Floor, Bandre- Kurla Complex, P B No. 8143, Bandre East Mumbai-400051

The Director of Treasuries of all state ……………
The Manger CPPC of Public Sector Banks including IDBI
The CDA (PD) Meerut……………….
The CDA-Chennai…………….
The Nodal Officers (ICICI/ AXIS/HDFC Bank)…………
The Pay & Accounts Officers…………………
Military and Air Attache, Indian Embassy Kathmandu, Nepal.
The DPDO………………………
The Post Master……………..

Sub: Identification/verification of additional documents produced by Defence Forces pensioners in absence of Aadhaar number as indicated in Notification No. S.O. 747(E) dated 03.03.2017 issued by Deptt. Of ESW.

Consequent upon introduction of Aadhaar Act, 2016, an individual eligible to receive the pension benefits is required to furnish proof of possession of Aadhaar number or undergo Aadhaar authentication.

However, Ministry of Defence, Department of Ex-Servicemen Welfare Notification No. 14(2)/2014/D (P/P)(Part-I)(copy enclosed) published in Gazette of India in 03.03.2017 vide No. S.O.747(e), provides that, till the Aadhaar is assigned to the beneficiary of pension benefits, benefits shall be given to such individuals subject to the production of certain identification documents as indicated in Notification No. S.O. 747(E).

In view of above, all the Pension Disbursing Authorities are advised to check the identification documents, as mentioned in above Notification No. S.O. 747(E), produced by defence pensioners, till Aadhaar is assigned to the pension beneficiaries. Especially as per clause b(i) and (ii) of notification No. S.O. 747(E).

S/d,
(Shubash Kumar)
DCDA (P)

MINISTRY OF DEFENCE
(Department of Ex- Servicemen Welfare)
NOTIFICATION

New Delhi, the 3rd March, 2017
S.O. 747(E).- Whereas, the use of Aadhaar as identity document for delivery of services or benefits or subsidies simplifies the Government delivery processes, brings in transparency and efficiency, and enables beneficiaries to get their entitlements directly in a convenient and seamless manner and Aadhaar obviates the need for producing multiple documents to prove one’s identity;

And, whereas, the payment of pension is given to retired Defence Forces pensioners/ Family Pensioners (hereinafter referred to as beneficiaries) by the Department of Ex-Servicemen Welfare, Ministry of Defence in the Government of India under the Pension Regulations for Army, 1961, the Pension Regulations for Air Force, 1961, and the Pension Regulations for Navy 1964 and the pension is disbursed to beneficiaries through Pension Disbursement Agencies;

And, whereas, the aforesaid benefit of pension involves recurring expenditure from the Consolidated Fund of India;

Now, therefore, in pursuance of the provisions of the section 7 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016) (hereinafter referred to the said Act), the Central Government hereby notifies the following, namely: —

(1) An individual eligible to receive the pension benefits is hereby required to furnish proof of possession of Aadhaar number or undergo Aadhaar authentication.
(2) Any eligible beneficiary entitled to receive pension benefits, who does not possess the Aadhaar Number or, not yet enrolled for Aadhaar, but desirous of availing pension benefits is hereby required to make application for Aadhaar enrolment by 30th June, 2017, provided he or she is entitled to obtain Aadhaar as per section 3 of the said Act and such individuals shall visit any Aadhaar enrolment centre (list available at UIDAI website www.uidai.gov.in) to get enrolled for Aadhaar.
(3) As per regulation 12 of the Aadhaar (Enrolment and Update) Regulations, 2016, the Ministry of Defence through Pension Disbursement Agencies or other means which requires an individual to furnish Aadhaar is required to offer Aadhaar enrolment facilities for the beneficiaries who are not yet enrolled for Aadhaar and in case there is no Aadhaar enrolment centre located in the respective Block or Taluka or Tehsil, the Ministry of Defence through Pension Disbursement Agencies or other means is required to provide Aadhaar enrolment facilities at convenient locations in coordination with the existing Registrars of Unique Identification Authority of India or by becoming Unique Identification Authority of India registrar:
Provided that, till the Aadhaar is assigned to the beneficiary of pension benefits, benefits shall be given to such individuals subject to the production of the following identification documents, namely:

(a) Ex-servicemen Card issued by the concerned authorities; and

(b) (i) If he or she has enrolled, his or her Aadhaar Enrolment ID slip; or

(ii) a copy of his or her request made for Aadhaar enrolment, as specified in sub-paragraph (2) of paragraph 2 below; and any of the following documents, namely :-

(i) Voter ID card issued by the Election Commission of India; or

(ii) Permanent Account Number Card issued by Income Tax Department; or

(iii) Passport; or

(iv) Driving License issued by Licensing authority under the Motor Vehicles Act, 1988 (59 of 1988); or

(v) Certificate of Identity having photo issued by a Gazetted officer or Tehsildar on an official letter head; or

(vi) Address card having Name and Photo issued by Department of Posts; or

(vii) Kisan Photo Passbook; or

(viii) any other document as specified by the Ministry of Defence:
Provided further that the above documents shall be checked by an officer specifically designated by the Ministry of Defence for that purpose.

2. In order to provide convenient and hassle free pension benefits to the beneficiaries, the Ministry of Defence through Pension Disbursement Agencies or other means shall make all the required arrangements including following; namely:-

(1) Wide publicity through media and individual notices shall be given to beneficiaries of pension benefits to make them aware of the requirement of Aadhaar under the scheme and they may be advised to get themselves enrolled at the nearest Aadhaar enrolment centres available in their areas by 30th June, 2017 in case they are not already enrolled and the list of locally available enrolment centres shall be made available to them.

(2) In case, beneficiaries of pension benefits are not able to enrol due to non-availability of enrolment centres in the near vicinity such as in the block or tehsil or taluka, the Ministry through Pension Disbursement Agencies or other means is required to create Aadhaar enrolment facilities at convenient locations and the beneficiaries of pension benefits may register their request for Aadhaar enrolment by giving their name, address, mobile number with Ex-Servicemen Card and other details specified in the proviso to clause (b) sub¬paragraph (3) of paragraph 1 with their Pension Disbursement Agencies or other means or through the web portal provided for the purpose.

3. This notification shall come into effect from the date of its publication in the Official Gazette in all States and Union Territories except the States of Assam, Meghalaya and Jammu and Kashmir. Provided that this notification shall not be applicable for following categories of Pensioners or Family Pensioners, namely:—
(i) NRI who resides in other or foreign country,

(ii) Overseas settled Indian who is citizen of other or foreign country,

(iii) Nepal Domiciled, Burmese and similar categories of defence pensioners.

[F. No. 14(2)/2014/D(P/P)(Part-I)]
RAVI KANT, Jt. Secy.

Source: http://pcdapension.nic.in/pcdapension/6cpc/Circular-197.pdf
Filed Under: , ,

Concordance Tables for pension revision to the former Running Staff-NFIR

NFIR
National Federation of Indian Railwaymen
No. IV/NFIR/7 CPC (Imp)/2016/R.B.-Part II
Dated: 11/01/2018
The Member Staff,
Railway Board,
New Delhi

Dear Sir,

Sub: Revision of Pension of pre-2016 Pensioners/Family Pensioners pursuant to Government’s decision on the recommendations of 7th CPC — Concordance Tables for pension revision to the former Running Staff-reg.

Ref: Railway Board’s letter No. 2016/F(E)III/1(1)/7 dated 11/07/2017.

Railway Board’s attention is invited to the instructions issued vide Board’s letter dated 11/07/2017 (RBE No. 66/2017) vide which DoP&PW’s orders together with Concordance tables for revision of Pension of pre-2016 Pensioners/Family Pensioners have been circulated. The Concordance Tables circulated by the Board, unfortunately do not cover the pension revision of former Running Staff as no separate tables in favour of them staff have been circulated so far. Reports received by the Federation (NFIR) reveal that the Pension/Family Pension of pre-2016 Running Staff is not being revised by the Zonal Railways due to non-provision of separate Concordance Tables by the Railway Board.

In this connection, NFIR desires to clarify that in case of former Running Staff Pension/Family Pension is required to be calculated taking into account the Basic Pay + 55% add on pay element. A sample calculation sheet of the Pension in the case of pre-2016 Running Staff is enclosed as Annexure to this letter for appreciation and quick action.

NFIR, therefore, requests the Railway Board to communicate the Concordance Tables to the Zonal Railways for revision of Pension/Family Pension of former Running Staff. It is also urged that the Concordance Tables be finalized on the basis of specimen (vide Annexure to this letter) and instructions issued to the GMs of Zonal Railways.

DA/As above

Yours faithfully,
S/d,
(Dr. M. Raghavaiah)
General Secretary

Annexure to NFIR’s letter No. IV/NFIR/7 CPC (Imp)/2016/R.B.-Part II

Running Staff retired on 31/12/2005. 

Basic Pay = Rs. 9525

On 01/01/2006 = Rs. 9525 x 30% = Rs. 2858

Pay on 31/12/2015 = Rs. 9525 + 2858 = 12383 x 2.26 = Rs. 27985

Notional Pay on 31/12/2015 = 27985 + GP 4200/-

Pay on 01/01/2016 = Rs. 27985 x 30% = 8396

Rs. 27985 + 8396 = 36,381 + GP 4200 = 40,581 

Rs. 40,581 x 2.57 = 1,04,294/-

Pay element (55%) = Rs. 1,04,294 x 55% = Rs. 57,362

Settlement pay = Rs. 1,04,294 + 57,362 = 1,61,656

Monthly Pension = Rs. 1,61,656 ÷ 2 = 80,828

Source :https://drive.google.com/file/d/1bUNYSsdSV9sLNNVVu_7e2T_FbPiqxgcD/view

Filed Under:

Seventh CPC Out-turn Allowance - Railway Board Order

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
PC-VII No. 78
RBE No. 176/2017
No. E(P&A)I-2017/Vll CPC/AL-l
New Delhi, dated 28.11.2017.

The General Managers and Principal Financial Advisers,
All Indian Railways & Production Units.

Sub: Implementation of recommendations of Seventh Central Pay Commission accepted by the Government - Abolition of Out-turn Allowance.

Consequent upon the decisions taken by the government on the recommendations of the Seventh Central Pay Commission, the President is pleased to decide to abolish Out-turn Allowance with effect from 1st July, 2017.

2. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

3. Please acknowledge receipt.

(Anil Kumar)
Dy. Director/E(P&A)-1
Railway Board.
No. E(P&A)I-2017/VII CPC/AL-l

New Delhi, dated 29.11.2017

Copy to the Deputy Comptroller and Auditor General of India (Railways), Room No.222, Rail Bhawan, New Delhi (with 40 s ares).

for Financial Commissioner/Railways

No. E(P&A)I-2017/VII CPC/AL-l New Delhi, dated 18.11.2017

Copy forwarded to:-

1. The General Secretary, AIRF, R.No.253, Rail Bhawan, New Delhi.(with 35 spares).
2. The General Secretary, NFIR, R.No.256-E, Rail Bhawan, New Delhi.(with 35 spares).
3. The Members of the National Council, Departmental Council and Secretary, Staff Side, National Council, 13-C, Ferozeshah Road, New Delhi.(with 60 spares).
4. The Secretary General, FROA, R.No.256-A, Rail Bhawan, New Delhi.(with 5 spares).
5. The Secretary, RBSS, Group ‘A’ Officer Association, R.No.402, Rail Bhawan (with 5 spares).
6. The President, Railway Board Class II Officers’ Association.
7. The Secretary General, IRPOF, Room No.341-C, Railway Board.
8. The President, Indian Railway Class II Officer Association.

Source: http://www.indianrailways.gov.in/railwayboard/uploads/directorate/establishment/E(P%26A)/2017/E(P%26A)I-2017-VII_RB_176.pdf
Filed Under: ,

Abolition of Study Allowance by 7th CPC: CCS (Leave) Second Amendment Rules, 2017

"Study Allowance, ranging from 1 to 2.75 Pound (Sterling) per day, is granted to a government servant who has been granted study leave for studies outside India"

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS 
(Department of Personnel and Training) 

NOTIFICATION 

New Delhi, the 1st January, 2018 

G.S.R. 08(E). - In exercise of the powers conferred by the proviso to Article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely: -

1. (1) These rules may be called the Central Civil Services (Leave) Second Amendment Rules, 2017.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972 (hereinafter referred to as the said rules), in rule 54, in subrule (3), the words “and subject to the other conditions laid down in rule 57 being satisfied, draw study allowance in respect thereof” shall be omitted.

3. In the said rules, in rule 56,-

(a) in sub-rule (1), for the words “House Rent Allowance and Study Allowance as admissible in accordance with the provisions of Rules 57 to 60, the words “ and House Rent Allowance” shall be substituted;

(b) in sub-rule (4), the words “as envisaged in sub-rule (2) of Rule 57,” shall be omitted;

(c) sub-rule (5), shall be omitted.

4. In the said rules, rule 57, 58 and 59 shall be omitted.

5. In the said rules, in rule 60, in sub-rule (2), the words “and the Study Allowance” shall be omitted.

6. In the said rules, in rule 63, in sub-rule (1), in clause (i), the words “Study Allowance” shall be omitted


[F. No. 13023/1/2017-Estt. (L)]
GYANENDRA DEV TRIPATHI, Jt. Secy.


Source:: [Notification] CCS (Leave) Second Amendment Rules, 2017
----------------------------------------------------------------------
Filed Under:

Reckoning of pay element of 55% at the time of retirement - Court Cases relating to demand of Loco Inspectors

भारतं सरकार GOVERNMENT OF INDIA
रेल मंत्रालय MINISTRY OF RAILWAYS
(रेलवे वोर्ड RAILWAY BOARD)

No.E(P&A)ll-2009/RS-18 
New Delhi, dated 04.12.2017.
The General Managers,
All Indian Railways (Except NCR).

Sub : Court Cases relating to demand of Loco Inspectors for reckoning of pay element of 55% at the time of retirement.

Kindly refer to this office letter No. E(P&A)I1/2008/RS-32/Vol-III. dated 22-03-2016 and E(P&A)II/2016/RS-18 dated 22-07-2016 on the above subject whereby it was informed that ‘Stay' has been obtained in Civil Appeal No. 3l10/20l6. UOI Vs. Sh. Kishan Lal Sharma and Civil Appeal No. 4386/2016 UOI Vs. K. L. Mehndiratta against the verdict dated 09-10-2015 of Hon’ble High Court of Delhi in the Hon'ble Supreme Court of India.


It is understood that several court cases have been filed before various Hon’ble Tribunals and High Court on the subject. WP No. 60133 of 2006 before the Hon'ble High Court. Allahabad filed by UOI & Ors. Vs. A. Amrol, Retd. Loco Inspector has been decided in favour of UOI on 17-08-2017. In this connection, it is stated that the Hon’ble High Court, Allahabad has given the following order:-
“(9)lt is undisputed that the respondents had been promoted as stationary staff from the running staff.
(10)ln the background of the aforesaid judgment UOI Vs. B. Baneerjee, no running staff including the erstwhile members of the running staff permananently engaged in the performance of stationary duty can be given running allowances. Running allowances are to be paid to the running staff only for performing actual running duty.
(11)The protection to the respondents of 30% of the basic pay as per the judgment of the Apex Court has also been extended as urged by Sh. Mathur, learned counsel for the petitioners.
(12)Consequently, in view of the aforesaid judgment , we allow the writ petition and set aside the impugned order dated 16-05-2006 to the extent indicated above)"
In view of the above. it is advised that if any similar issue is pending before any Court of Law on your Railways, the above position may be brought to the notice of the Hon‘ble Courts. A copy of the said order is enclosed. It is requested to take adequate care to defend and assign similar case, if any. to a Senior officer for proper monitoring and follow up. The status of such cases may be informed to this office from time to time.

(Salim Md. Ahmed)
Deputy Director, Estt.(P&A)-ll,
Railway Board.

Copy to: FA&CAO of all Zonal Railways.


Court No. - 37

Case :- WRIT ...-..A.No. -. 60133 of 2006"

Petitioner :- Union Of India And Others

Respondent :-_,Amrol-.And. others

Counsel for Petitioner :- P.K. Mishra, Prashant Mathur, Tarun Venna, V.K.Goel

Counsel for Respondent :- Bashist Tiwari

Hon'ble Amreshwar Pratap Sahi,J,

Hon'ble Rajiv Lochan Mehrotra,J,

In Re:- Civil Misc. Delay condgnation Application No, 53517 of 2009, Civil Misc. Substitution Application No. 69519 of 2009

The aforesaid Delay Condonation and Substitution Application have been filed on behalf of the petitioners for substituting the heirs of the D.N.Bhatia, respondent no.2, who had died.

Notice was issued on 18.5.2009. Office note indicates that neither the registered envelope nor the acknowledgment Due has been returned after service. In the aforesaid background,service is deemed to be sufficient.

We find from the affidavit filed in support of the Delay Condonation Application that sufficient cause has been shown for condoning the delay in filing of the Substitution Application. Since there is no objection, and despite notice having been served, no objection has been raised the same is allowed. Necessary Corrections, be carried out within three days.


Order Date :- 17.8.2017

aks

Court No, - 32

Case :- WRIT - A No. - 60133 of 2006

Petitioner :- Union Of India And Others

Respondent :- Amrol And Others

Counsel for Petitioner :- PK. Mishra,Prashant Mathur,Tarun Verma,V.K.Goel

Counsel for Respondent :- Bashist Tiwari

Hon'ble Amreshwar Pratap Sahi,J,

Hon'ble Rajiv Lochan Mehrotra,J,

In Re:- Civil Misc. Delay condgnation Application No, 69524 of 2009, Civil Misc. Substitution Application No. 69527 of 2009

The aforesaid Delay Condonation and Substitution Application have been filed on behalf of the petitioners applicants for substituting the heirs of the R.C. Bodhraja, respondent no 5, who had died.

Notice was issued on 18.5.2009.office note indicates that neither Registered Envelop nor Acknowledgment Due has been returned back after service.

In the aforesaid background,service is deemed to be sufficient.

We find from the affidavit filed in support of the Delay Condonation Application that sufficient cause has been shown for condoning the delay in filing the aforesaid Substitution Application. Since there is no objection and despite notice having being served, no one has raised any dispute, the same is allowed . Necessary corrections be carried out within three days.

Order Date :- 17.8.2017

aks

Court No, - 37

Case :- WRIT - A No. - 60133 of 2006

Petitioner :- Union Of India And Others

Respondent :- Amrol And Others

Counsel for Petitioner :- P.K. Mishra,Prashant Mathur,Tarun Verma,V.K.Goel

Counsel for Respondent :- Bashist Tiwari

Hon'ble Amreshwar Pratap Sahi,J.

Hon'blg Rajiv Lpghan Mehrotra.J.

In Re:- civil Misc, Substitution Application No. 68537 of 2009.

This application has been filed by the petitioners-applicants bringing on record the fact that CL. Mudgil, respondent no. 10, had already died during the pendency of the Original application on 7.11.2003 but no substitution had taken place.

Accordingly, it is prayed that the judgment of the Tribunal be treated to be final as Original Application had already stood abated as against respondent no.10.

Consequently, in View of the aforesaid unrebutted facts this application is disposed of.


Order Date :- 17.8.2017

aks

Court No. - 37

Case :- WRIT - A No. - 60133 of 2006
Petitioner: - Union Of India And Others

Respondent :- Amrol And Others

Counsel for Petitioner :- PK. Mishra,Prashant Mathur,Tarun Verma,V.K.Goel

Counsel for Respondent :- Bashist Tiwari

Hon'ble Amreshwar Pratap Sahi,J,

Hon‘ble Rajiv Lochan Mehrotra,J,

(1) Supplementary affidavit filed today is taken on record.

(2) This writ petition questions the correctness of the judgment dated 16.5.2006 passed by the Central Administrative Tribunal whereby a challenge was raised by the respondents claiming addition of running allowance 55% of the basic pay to be added for calculation of pensionary benefits of the employee.

(3) The Central Administrative Tribunal relying on certain judgements of this Court, Full Bench Decision of the Jabalpur High Court and the Supreme Court to support the addition of 55% of the basic pay that can be given to the running staff prior to the promotion on the stationary duty as claimed by the respondents, has allowed the Original Application.

(4) Union of India and the Railway authorities have questioned the correctness of the said judgement. The matter appears to have been heard on previous occasions but could not be disposed of.

(5) During the pendency of the writ petition, counter affidavit was filed by the respondents to which a rejoinder affidavit has also been filed by Sri Prashant Mathur, learned counsel for the petitioners.

(6) Learned counsel for the petitioners contends that the final judgment of the Supreme Court in Civil Appeal No. 7298 of 2013, Union of India and others Vs B, Baneerjee decided on 18.3.2016 squarely covers the issue involved in the present case and the Supreme Court reversed the judgement of the Calcutta High Court holding that running allowance was admissible only to the running staffs and not to those who had been promoted from running staff to perform stationary duties. Learned counsel for the petitioners submits that in View of the aforesaid, the impugned judgment deserves to be reversed.

(7) Learned counsel for the petitioners informs the Court that written information has been given to Sri Bashist Tiwari, learned counsel for the respondents for the case being taken up today. Copy of the written information has been produced before the Court by the learned counsel for the petitioners that shall be placed on record. Shri Tiwari has not appeared in spite of written notice.

(8) In the background aforesaid, we find that issue of addition of 55% of the basic pay of the running staff to be added and calculated as pensionary benefits has been decided by the Supreme Court in the case of Union of India and others Vs, B. Bageezjee (Supra). It has been categorically held as under:-

“9. From the provisions of the Running Allowance Rules, extracted above, it is abundantly clear that only a specific category of employees in the Railways like Drivers, Motormen, Firemen, Guards, Assistant Guards etc. who constitute the running staff and such staff who are directly connected with the movement of trains perform running duties. Running Allowance under the Rules is required to be paid only to the running staff who are engaged in the performance of duties directly connected with the movement of trains and such allowance includes kilometerage allowance or allowance in lieu of kilometerage (ALK). While kilometerage allowance is to be paid for performance of actual running duties, the allowance in lieu of kilometerage (ALK) is to be paid to such members of the running staff who are temporarily required to perform stationary duties. The rules also make it clear that 30% of the basic pay of the running staff is required to be treated as representing the pay element in the Running Allowance. Those members of the running staff who are employed on non-running duties are paid the aforesaid 30% of the basic pay if such non-running duties are performed at the headquarters whereas in case such non-running duties are performed by the running staff at outstations they are required to be paid ALK at the rates prescribed by Rule 907(b). It is thus clear that no Running Allowance i.e. either kilometerage allowance or allowance in lieu of kilometerage is contemplated for any staff, including erstwhile members of the running staff, permanently engaged in performance of stationary duties. Running Allowance of either description is required to be paid only to members of the running staff Who are directly engaged in actual movement of trains or such staff who are temporarily assigned stationary duties but who are likely to go back and perform running duties. The respondent does not fall in either of the above two categories.

10. The retention of decategorised Drivers working as Crew Controllers in the original cadre of Drivers by the Railway Board’s Circular No.9/98 dated 09.01.1998 and their entitlement to Running Allowance (ALK) has to be understood in the above context. The aforesaid inclusion, which is wholly fictional, cannot confer any benefit contrary to the express provision of the Running Allowance Rules inasmuch as a decategorised Driver working as a Crew Controller is not a member of the running staff or engaged in performance of running duties as defined by the provisions of Running Allowance Rules. The above position has been made abundantly clear by the Railway Board Circular No.12/2004 dated 14.01.2004, details of which have already been noticed.

11. There is yet another aspect of the matter which would require a mention. Under Rule 903 of the Running Allowance Rules, as noticed above, 30% of the basic pay of the running staff represents the pay element in the Running Allowance. Therefore, in case of medically decategorised Driver, like the respondent, the said component being a part of the pay drawn by him as a running staff has to be protected. The same apparently has been done as is evident from the rejoinder affidavit of the Union. The above act of the appellants also ensures compliance with the provisions of fiegtign 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 which entities the respondent to receive the pay and service benefits earlier drawn by him. The Running Allowance to which the respondent was entitled while he was a member of the running staff has been protected as a part of his pay in the post of Crew Controller. In such circumstances, any further grant of ALK will not be justified.

(9) It is undisputed that the respondents had been promoted as stationary staff from the running staff.

(10) In the background of the aforesaid judgment, no running staff including the erstwhile members of the running staff permanently engaged in the performance of stationary duty can be given running allowances. Running allowances are to be paid to the running staff only for performing actual running duty._

(11) The protection to the respondents of 30% of the basic pay as per the judgment of the Apex Court has also been extended as urged by Shri Mathur, learned counsel for the petitioners.

(11) Consequently, in View of the aforesaid judgment, we allow the writ petition and set aside the impugned order dated 16.5.2006 to the extent indicated above.

Order Date :- 17.8.2017

Source: http://www.indianrailways.gov.in/railwayboard/uploads/directorate/establishment/E(P%26A)/2017/No_E(P%26A)II-2009-RS-18%2C%20dt_%2004_12_2017.pdf

Cases of promotion taking place in the pre-revised pay structure-RB

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

PC-VI No. 382

RBE No. 196/2017
No. PC-V 1/2015/IC/1
New Delhi, Dated - 29.12.2017

The General Managers/CAO(R)
All In dia Railways & Production Units,
(as per mailing list)

Sub: Cases of promotion taking place in the pre-revised pay structure between 1.1.2006 and the date of notification of RS(RP)RuIes, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and the feeder posts in a common Grade- fixation of pay-Clarifications.

Ref: Railway Board’s letter no. PC-VI/2015/IC/1 dated 08.04.2016 (RBE No. 33/2016) & M/o Finance’s O.M. No. F-2-l/2015-E.III(A) dated 16.10.2015.

Certain doubts were received in this office regarding the admissibility of re-exercise of option and applicable cut off dates on Railways in respect of the instructions contained in Board‘s letter dated 08.04.20l6. The issue has been examined in consultation with the M/O Finance and following clarifications are issued:-

(i) Cut-off date:- it is clarified that since the Railway Service (Revised Pay) Rules.2008 were notified on 04.09.2008. promotions taking place between 01.0l.06 to 04.09.08 would be covered;

(ii) Re-exercise of option to switch over to the Revised pay structure (V1th CPC):-

On the issue of permission for re-exercise of option. it is clarified that since the issue of change in option is not covered in the OM No. F-2-l/2015-EIIIA dated 16.l0.201 5 issued by the M/o Finance. as such the question of admissibility of fresh option does not arise and moreover, since the benefit given in the OM dated 16/10/2015 was special dispensation. It may not be appropriate to consider any further dispensation.

(S. Balachandra Iiver)
Executive Director/Pay Commission-II
Railway Board.

Source: http://www.indianrailways.gov.in/railwayboard/view_section.jsp?id=0,1,304,366,390,415

Suspension of empanelment of Mata Chanan Devi Hospital, Janakpuri, New Delhi under CGHS.

 F. No: S-11011/82/2017-CGHS (HEC)
Government of India
Directorate General of Central Govt. Health Scheme
Ministry of Health & Family Welfare
(Hospital Empanelment Cell)
**********
Maulana Azad Road, Nirman Bhawan
New Delhi 110 011, dated the 14.12.2017

O F F I C E O R D E R 

Subject: Suspension of empanelment of Mata Chanan Devi Hospital, Janakpuri, New Delhi under CGHS.

With reference to the above mentioned matter. the undersigned is directed to draw attention to the Office Memorandum No- S-11045/36/2012-CGHS (HEC) dated 01.10.2014 vide which Mata Chanan Devi Hospital, Janakpuri, New Delhi was empanelled under CGHS and to state that Mata Chanan Devi Hospital, Janakpuri. New Delhi was asked to submit reply to a show cause notice issued regarding using approx. 1600 pairs of gloves and 400 syringes during 26 days stay of a CGHS beneficiary in ICU. However, the reply submitted, by the hospital has not been found to be satisfactory and so it has been decided to suspend empanelment of Mata Chanan Devi Hospital, Janakpuri, New Delhi from CGHS with immediate effect till further orders.

The CGHS beneficiaries already admitted in the hospital for treatment prior to the issue of this order shall continue to be provided treatment at CGHS rates till their discharge within a period of 7 days. Bill of patients discharged after 7 days of issue of this order shall be submitted with properjustification for consideration by CGHS.

Dr. D. C. Joshi
Director CGHS
Tel- 011-23062800 

Source:http://cghs.gov.in/showfile.php?lid=4850
Filed Under:

Empanelment of Pradhama Multispecialty Hospital & Research Institute Limited under CGHS Visakhapatnam

Government of India
Ministry of Health and Family Welfare
Directorate General of CGHS
O/o The Additional Director, CGHS
Begumpet, Hyderabad-500 016.

No. CGHS/Hyd/Emp.HCO/VSKP/2017/10130-139
Dated 2th December 2017
OFFICE ORDER 

Sub:- Empanelment of HCOs to CGHS wellness centre Visakhapatnam (under the administrative control of the Additional Director, CGHS, Hyderabad)

Ref:- 1) Ministry’s Letter No.5.11045/36/2012/CGHS/HEC dated 10th December 2014
2) Ministry’s letter No.5.11045/36/2012/CGHS/HEC dated 16th October 2015 allowing the benefit of continuous empanelment scheme to NABH/NABL accredited Health Care Organization / Diagnostic centre and the notification issued by this office,
3) e-mail dated 5-4-2017 received from the Addl. Dy. Director General (HQ), CGHS, New Delhi
4) e-mail dated 5-4-2017 received from Dr. S. Manoj Jain, Sr.CMO(HEC), CGHS, New Delhi
5) Ministry’s OM. No.5.11011/28/2017-CGHS(HEC) dated 16th May 2017

With reference to the Ministry’s letter No.5.11045/36/2012/CGHS/HEC dated 10th December 2014, Ministry’s letter No.5.11045/36/2012/CGHS/HEC dated 16th October 2015, e-mail dated 5-4-2017 received from the Addl. Deputy Director General (HQ), Dte. CGHS, New Delhi & e.mail dated 5-4-2017 received from Dr.S.Manoj Jain, Sr.CMO(HEC), CGHS, New Delhi, Ministry's OM No.S.11011/28/2017-CGHS(HEC) dated 16th May 2017, the following hospitals are empanelled w.e.f. 27th December 2017 as interim measure till further orders.

S.No.Name of the HCOEmpanelled for
01PRADHAMA MULTISPECIALITY HOSPITALS & RESEARCH INSTITUTE LIMITED (NON-NABH) D.No.1-1-83, Venkojipalem, 
Visakhapatnam - 530 017 
Tel.No.0891-2712626, e-mail : pradhamahospital[at]gmail.com 
pradhamahospitaltpa[at]gmail.com 
Mobile No.9133444523/9133444524 
empanelled w.e.f. 27th December 2017 as interim 
measure till further orders
All the facilities available in the hospital

Dr.G.Vijaya Bhaskar, MD
Additional Director
CGHS, Hyderabad

To
The Medical Superintendent/Medical Director, Pradhama Multi Speciality Hospitals & Research Institute Limited, D.No.1-1-83, Venkojipalem, Visakhapatnam - 530 017
Copy to:
01) The Director, Dte. General of Central Govt. Health Scheme, Nirman Bhavan, New Delhi - 110 108
02) The Addl. Deputy Director General (HQ), Dte.General of Central Govt. Health Scheme, Nirman Bhavan, New Delhi-110 108
03) Dr.S.Manoj Jain, Sr.CMO(HEC), CGHS, Nirman Bhavan, New Delhi - 110 108
04) Sr. Technical Director, NlC, MOH&FW, Nirman Bhavan, New Delhi - 110 108
05) The Pay & Accounts Officer, Pay & Accounts Office, MOH&FW, C-Z-C Wing, 1St Floor Rajaji Bhavan, Besant Nagar, Chennai-600 090
06) The Sr. Manager,UTl Infrastructure Technology and Services Limited, Insurance Division. 1st floor, UTl Tower, Sector-11, CBD - Belapur, Navi Mumbai -400 614
07) The Divisional Manager, UTl-ITSL, Surabhi Aracade, Bank street, Koti, Hyderabad - 500 095 - for
08) The Sr. Manager, UTHTSL, KSFC Bhavan, No.1/1 Thimmaiah Road, Vasanth Nagar, Bengaluru-56O 052.
09) The Sr.CMO(SAG) & i/c, CGHS Wellness centre, Vasishta & Vaidehi D.No.8-5-1, Govt. Mental Care Hospital premises, Opp Govt. ENT Ho5pital, China Waltair, Visakhapatnam-530 017
10) The co-ordination committee of Central Govt. Employees, Visakhapatnam
11) All the departments (Participating under CGHS)
12) The President/Secretary, Pensioners Association. Visakhapatnam
13) The President/Secretary, Freedom Fighters Association
14) Office order file

Source:  http://cghs.gov.in/

Filed Under:

FAQ on Payment of Pension to Government Pensioners

FREQUENTLY ASKED QUESTIONS
Payment of Pension to Government Pensioners
(Updated as on December 22, 2017)

Scheme for Payment of Pension to Central Government Pensioners by Authorised Banks

Pension schemes/rules are formulated by the respective Central Government Ministries/Departments. A link to some of such schemes are available at www.rbi.org.in under Notifications> Master Circulars>Banker to Banks>Disbursement of Pension by Agency Banks. The Reserve Bank of India (the Reserve Bank) oversees disbursement of pension by its agency banks in respect of all Central Government Departments. In the process, it receives queries/complaints from pensioners in regard to fixation, calculation and payment of pension including revision of pension/Dearness Relief, transfer of pension account from one bank branch to another, etc. The Reserve Bank has analysed the queries/complaints, and put them in the form of answers to Frequently Asked Questions here. It is hoped that these will cover most of the queries/ doubts in the minds of pensioners.

1. Can the pensioner draw his/ her pension through a bank branch? 

Yes. Even the Government employees earlier drawing their pension from a treasury or from a post office have the option to draw their pension from the authorized bank’s branches.

2. Who is the pension sanctioning authority? 

The Ministry/ Department /Office where the Government servant last served is the pension sanctioning authority. The pension fixation is made by such authority for the first time and thereafter the refixation of pay, if any, is done by the pension paying bank based on the instructions from the concerned Central/ State Government authority.

3. Is it necessary for the pensioner to open a separate pension account for the purpose of crediting his/ her pension in authorized bank? 

The pensioner is not required to open a separate pension account. The pension can be credited to his/her existing savings/ current account maintained with the branch selected by the pensioner.

4. Can a pensioner open a Joint Account with his/ her spouse? 

Yes. All pensioners of the Central Government Pensioners can open Joint Account with their spouses.

5. Whether Joint Account of the pensioner with spouse can be operated either by ”Former or Survivor” or “Either or Survivor”. 

Yes, the Joint Account of the pensioner with spouse can be operated either as ‘‘Former or Survivor” or “Either or Survivor”.

6. Whether a Joint Account can be continued for family pension after death of a pensioner? 

Yes, the banks should not insist on opening of a new account in case of Central Government pensioner if the spouse in whose favour an authorization for family pension exists in the Pension Payment Order (PPO) is the survivor and the family pension should be credited to the existing account without opening a new account by the family pensioner for this purpose.

7. What is the minimum balance required to be maintained in the pension account maintained with the banks? 

RBI has not stipulated any minimum balance to be maintained in pension accounts by the pensioners. Individual banks have framed their own rules in this regard.

8. Who sends the Pension Payment Orders (PPOs) to the authorized bank? 

The concerned pension sanctioning authorities in the Ministries /Departments/ forward the PPOs to bank branches wherefrom the pensioner desires to draw his/her pension. However, on implementation of CPPCs, pension sanctioning authorities have started sending PPOs to the CPPCs of the bank instead of bank branch.

9. When is the pension credited to the pensioner’s account by the paying branch? 

The disbursement of pension by the paying branch is spread over the last four working days of the month depending on the convenience of the pension paying branch except for the month of March when the pension is credited on or after the first working day of April.

10. Can a pensioner transfer his/ her pension account from one branch to another branch of the same bank or to the branch of another bank? 

Pensioner can transfer his/ her pension account from one branch to another branch of the same bank and from one authorized bank to another authorized bank within the same centre or at a different centre;

11. Whether the paying branch has to maintain a detailed record of pension payments made by it in the prescribed form? 

Yes. The pension paying branch/ CPPC is required to maintain a detailed record of pension payments made by it from time to time in the prescribed form duly authenticated by the authorized officer.

12. Can the pension paying bank recover the excess amount credited to the pensioner’s account? 

Yes. The paying branch before commencement of pension obtains an undertaking from the pensioner in the prescribed form for this purpose and, therefore, can recover the excess payment made to the pensioner’s account due to delay in receipt of any material information or due to any bonafide error. The bank also has the right to recover the excess amount of pension credited to the deceased pensioner’s account from his/her legal heirs/nominees.

13. Is it compulsory for a pensioner to furnish a Life Certificate/Non-Employment Certificate or Employment Certificate to the bank in the month of November? If so, how can this requirement be complied with? 

Yes. The pensioner is required to furnish a Life Certificate / Non – Employment Certificate or Employment Certificate to the bank in the prescribed format in the month of November every year to ensure continued receipt of pension without interruption. The pensioner can also present himself / herself at any branch of the pension paying bank for being identified for issue of life certificate. In case a pensioner is unable to obtain a Life Certificate on account of serious illness / incapacitation, bank official will visit his / her residence / hospital for the purpose of obtaining the life certificate.
There have been complaints that life certificates submitted over the counter of pension paying branches are misplaced causing delay in payment of monthly pensions. In order to alleviate the hardships faced by pensioners, agency banks were instructed to mandatorily issue duly signed acknowledgements. They were also requested to consider entering the receipt of life certificates in their CBS and issue a system generated acknowledgement which would serve the twin purpose of acknowledgement as well as real time updation of records.
A pensioner having Aadhar number can alternatively submit Jeevan Pramaan, a digital life certificate introduced by the Government of India. For obtaining this, he / she will have to enrol and biometrically authenticate himself / herself by downloading the application generating digital life certificate from the website jeevanpramaan.gov.in or other means described on the website. Once digital life certificates in the form of Jeevan Pramaan are fully implemented, pension paying branches will be able to obtain information about the digital life certificate of their pensioner customers by logging on to the website of Jeevan Pramaan and searching for the certificate or by downloading through their Core Banking Systems. Pensioners will also be able to forward to their bank branches by email/sms the relative link to their digital life certificate.

14. Who is responsible for deduction of Income Tax at source from pension payment? 

The pension paying bank is responsible for deduction of Income Tax from pension amount in accordance with the rates prescribed by the Income Tax authorities from time to time. While deducting such tax from the pension amount, the paying bank will also allow deductions on account of relief to the pensioner available under the Income Tax Act. The paying branch, in April each year, will also issue to the pensioner a certificate of tax deduction as per the prescribed form. If the pensioner is not liable to pay Income Tax, he should furnish to the pension paying branch, a declaration to that effect in the prescribed form.

15. Can old, sick physically handicapped pensioner who is unable to sign, open pension account or withdraw his/ her pension from the pension account? 

A pensioner, who is old, sick or lost both his/her hands and, therefore, cannot sign, can put any mark or thumb/ toe impression on the form for opening of pension account. While withdrawing the pension amount he/she can put thumb/toe impression on the cheque/withdrawal form and it should be identified by two independent witnesses known to the bank one of whom should be a bank official.

16. Can a pensioner withdraw pension from his/ her account when he/she is not able to sign or put thumb/toe impression or unable to be present in the bank? 

In such cases, a pensioner can put any mark or impression on the cheque/ withdrawal form and may indicate to the bank as to who would withdraw pension amount from the bank on the basis of cheque/withdrawal form. Such a person should be identified by two independent witnesses. The person who is actually drawing the money from the bank should be asked to furnish his/her specimen signature to the bank.

17. When does the family pension commence? 

The family pension commences after the death of the pensioner. The family pension is payable to the person indicated in the PPO on receipt of a death certificate and application from the nominee.

18. How the payment of Dearness Relief at revised rate is to be paid to the pensioners? 

Whenever any additional relief on pension/family pension is sanctioned by the Government, the same is intimated to the agency banks for issuing suitable instructions to their pension paying branches for payment of relief at the revised rates to the pensioners without any delay. The orders issued by Government Departments are also hosted on their websites and banks have been advised to watch the latest instructions on the website and act accordingly without waiting for any further orders from RBI in this regard.

19. Can pensioners get pension slips? 

Yes. As decided by the Central Government (Civil, Defence & Railways), pension paying banks have been advised to issue pension slips to the pensioners in prescribed form when the pension is paid for the first time and thereafter whenever there is a change in quantum of pension due to revision in basic pension or revision in Dearness Relief.

20. Which authority the pensioner should approach for redressal of his/ her grievances? 

Branch/CPPC is the point of referral for the pensioner. Pensioners can approach the nodal officer(s) designated by the respective banks who would be holding regular meetings at different locations in their jurisdiction on lines of Pension Adalat. They can also contact the bank through toll free dedicated pension line of the respective bank to seek information related to their queries/complaints. In case of deficiency in service offered by the bank, pensioner can approach the concerned Consumer Education and Protection Cell at respective Regional Office of RBI and Banking Ombudsman under whose jurisdiction the bank branch, where the pensioner holds the account, falls.

21. Where can a pensioner get information about the changes in the pension/Dearness Relief or any pension related issue? 

The pensioner can visit the Official Website of the concerned Government Department as also Reserve Bank of India Website (www.rbi.org.in) to get the information about pension related issues.

22. Whether a pensioner is entitled for any compensation from the agency banks for delayed credit of pension/ arrears of pension? 

Yes. A Pensioner is entitled for compensation for delayed credit of pension/arrears thereof at the fixed rate of 8% per annum (since October 1, 2008) and the same would be credited to the pensioner’s account automatically by the bank on the same day when the bank affords delayed credit of such pension / arrears etc. without any claim from the pensioner.

These FAQs are issued by the Reserve Bank of India (The Reserve Bank) for information and general guidance purposes only which cannot be quoted in any legal proceeding and will have no legal purpose. It is not intended to be treated as legal advice or legal opinion. The Reserve Bank will not be held responsible for actions taken and/or decisions made on the basis of the same. For clarifications or interpretations, if any, readers are requested to be guided by the relevant circulars and notifications issued from time to time by the Reserve Bank and the Government.

Source: www.rbi.org


Filed Under: ,

Sunday, January 14, 2018

Penalties prescribed in CCS (CCA) Rules 1965 – DoPT Invites Comments

No.11012/15/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi
Dated the January 10, 2018

OFFICE MEMORANDUM

Subject: Regulation of Pay on imposition of a penalty under CCS (CCA) Rules, 1965 – Comments regarding.

The Department intends to issue instructions on the above mentioned subject. Before the instructions in the Draft O.M. (Copy enclosed) are finalized, all stakeholders, Ministires/Departments are requested to offer their comments/views, if any, in this regard latest by 25th January, 2018 at the email address nitin.gupta@nic.in.

sd/-
(Nitin Gupta)
Under Secretary to the Government of India
Source:DOPT

Filed Under: ,