Tuesday, September 11, 2018

Aadhar not mandatory for booking an International Parcel, says Department of Posts


Ministry of Communications

10 SEP 2018

The Department of Posts today clarified that it is mandatory to produce an Identity Proof acceptable for important transactions like booking an International Parcel or International EMS (Merchandise) for safety and security reasons. One of the accepted Identity Proof is Aadhaar, along with others like driving license, Passport, Voter ID etc which are also acceptable. Aadhaar, as per the prevailing norms in the country, is not a mandatory document to be produced at the time of booking. Moreover, all such documents are only required for office record and are NOT required to be pasted on the consignments.

The clarification comes in the wake of a news report published in The Times of India, Bengaluru edition dated 10.09.2018 with the heading "India Post asks for display of Aadhaar number on parcels". The department said that it appears that the confusion was created by an erroneous message generated from the twitter account of the office of the Chief Postmaster General, Delhi Circle wherein it was mentioned that pasting of ID proof on consignments is in accordance with international guidelines.

Instructions are being reiterated to the post offices to ensure smooth booking of articles taking the convenience and regulatory requirements into account together. The Department of Posts said that a copy of any ID proof including Aadhaar is required for booking of International Parcel and International EMS (Merchandise) for security purpose based on requests received from organizations like Narcotics Control Bureau and Wild Life Crime Control Bureau. India Post is committed to ensuring safety and security in its operations.

Source : PIB
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NEW CONTRIBUTORY PENSION SYSTEM (NPS)-NFPE


M.krishnan
Secretary General
Confederation of Central Govt.
Employees & Workers

                   Pension system was in vogue in India for a century or more and the British Government during the pre-independence era introduced Pension Rules for Government employees and thus made it statutory.  In the year 1982 Supreme Court in its landmark judgement in Nakara’s case declared that - “as per India’s constitution, Government is obliged to provide social and economic security to pensioners and that Government retirees had the fundamental right to pension.....  Pension is not a  bounty nor a matter of grace depending upon the sweet will of the employer.  It is not an ex-gratia payment, but a payment for past service rendered.  It is a social welfare measure, rendering socio-economic justice to those who in the hey days of their life, ceaselessly toiled for their employers on the assurance that in their old age, they would not be left in lurch.”

                   During the advent of globalisation policies in 1980’s the pension reforms also started simultaneously. IMF & World Bank started publishing so many reports and documents emphasizing the need for pension reforms.  They also started studying about the reforms to be undertaken in the pension sector in India.  In 2001, “IMF work paper on pension reforms in India” and World Bank India specific report “India - the challenge of old age income security” were published.  Their work reports emphasized that “Pension obligations or promises made by the Governments which have potential of exerting pressure on Govt. finances, have been a subject of increased focus in assessing medium to long term fiscal sustainability.”  In tune with the dictates of IMF and World Bank BJP-led NDA Government appointed Bhattacharjee Committee in 2001 headed by Ex-Chief Secretary of Karnataka, to study and recommend pension reforms.  Thus after creating ground for pension reforms, under the pretext of implementing recommendations of Bhattacharyya Committee, the NDA Government introduced New Pension System called Defined Contributory pension system for all employees who join service on or after 01-01-2004.  The Congress-led UPA Government which came to power in 2004 continued with the reforms and promulgated an ordinance to legalise NPS.  But UPA-I Govt. could not pass the Pension Bill in Parliament due to stiff opposition of Left Parties supporting it.  Later when UPA-II Government came to power the Pension Regulatory and Development Authority (PFRDA) Bill was passed in the Parliament with the support of BJP, the then opposition party.  Many State Governments governed by political parties other than Left Parties, introduced Contributory Pension System for their employees from various dates after 2004.  Left Front Governments of Kerala, West Bengal and Tripura refused to introduce the New Pension Scheme and they continued with the old defined benefit pension scheme.  Congress-led UDF Government introduced NPS in Kerala. After BJP coming to power in Tripura also  Contributory Pension Scheme is introduced recently.  In West Bengal old Pension Scheme continues even now.  Not only newly appointed Central and State Government employees, almost all new entrants of public sector and Autonomous bodies are also brought under the purview of NPS.

                   As per New Contributory Pension Scheme an amount of 10% of pay plus Dearness Allowance will be deducted each month from the salary of the employees covered under NPS and credited to their pension account.  Equal amount is to be credited by the Government (employer) also.  Total amount will go to the Pension Funds constituted under the PFRDA Act.  From the pension fund the amount will go to the share market.  As per the PFRDA Act - “there shall not be any implicit or explicit assurance of benefit except (share) market based guarantee mechanism to be purchased by the subscribers”.  Thus the amount deposited in Pension Fund may or may not grow depending on the fluctuations in the share market.  After attaining 60 years of age i.e., at the time of retirement, 60% of the accumulated amount in the Pension Account of the employee will be refunded and the balance 40% will be deposited in an Insurance Annuity Scheme.  Monthly amount received from the Insurance Annuity Scheme is the monthly pension i.e., Pension is not paid by Government, but by the Insurance Company and hence NPS is nothing but Pension Privatization..

                   Thus it can be seen that the growth of the accumulated amount in the Pension fund depends upon the vagaries of share market.  If the share markets collapse, as happened during the 2008 world financial crisis, then the entire amount in the pension fund may vanish.  In that case employee will not get any pension.  Every fluctuation in the share market will affect the future of pension of those employees who are covered under NPS.  Uncertainty about pension and retirement life looms large over their heads.  Even if there is a stabilized share market the 40% amount in the annuity scheme is not enough to get 50% of the last pay drawn as pension, which is the minimum pension as per old pension scheme. Many employees who entered in service after 01-01-2004 has retired in 2017 and 2018 after completing 12 & 13 years of service. They are getting Rs.1400- to Rs.1700- only as monthly pension from Insurance Annuity Scheme. If they have entered service in 2003 i.e., in the old pension scheme, they would have got 50% of the last pay drawn as pension subject to a minimum of Rs.9000- as minimum pension, that too without giving any monthly
contribution towards pension from their salary. In short, NPS is nothing but NO PENSION SYSTEM.

                   As per clause 12(5) of the PFRDA  Act even the employees and pensioners who are not covered under NPS, can be brought under the Act by a Gazette notification by the Government.  Thus NPS is a Damocles’ sword hanging over the head of all employees and pensioners. 
 
                   Who is the beneficiary of this pension reforms?  As in the case of every neo-liberal reforms, the ultimate beneficiary is the Corporates.  The huge amount collected from the workers through pension fund is invested in share market by the Pension Fund Managers and this amount in turn can be utilied by the multi-national Corporates for multiplying their profit.  Amount deducted and credited to the Pension fund from each newly recruited employees plus the employer’s share amount will remain with the pension fund and share market for a period of minimum 30 to 35 years i.e., till the age of 60 years.  During this long period of 35 years crores and crores of rupees will be at the disposal of share market controlled by multinational corporate giants.  Ultimate causality will be the poor helpless employee/pensioner.

                   Confederation of Central Government Employees and Workers and All India State Government Employees Federation (AISGEF) has been opposing the NPS from the very beginning and a one day strike was conducted on 30th October 2007.  It was one of the main demand in all other strikes during these period.  The campaign and struggle against NPS continued and as of now the subjective and objective conditions for a bigger struggle against NPS has emerged as almost 50% of the total employees in Central, State, Public sector and Autonomous bodies are now covered under NPS and are becoming more and more restive and agitated.  7th Central Pay Commission Chairman Retired Supreme court Judge Sri. Asok Kumar Mathur has correctly pointed out that “Almost a whole lot of Government employees appointed on or after 01-01-2004, were unhappy with New Pension Scheme.  Govt. should take a call to look into their complaint”.

As per the recommendations of 7th CPC, Central Government appointed a Committee called “NPS Committee” for streamlining the functioning of NPS. The Staff-side has demanded before this Committee to scrap NPS and guarantee for 50% of the last pay drawn as minimum pension subject to a minimum of Rs.9000-. Even though, the Committee has submitted its report 18 months back, the Government has not yet disclosed the recommendations of the Committee. 
       
Confederation and AISGEF has decided countrywide intensive campaign culminating in one day strike on 15th November 2018 demanding that the Defined Contributory Pension Scheme (New Pension Scheme - NPS) imposed on new entrants must be scrapped and the Government should reintroduce the Defined Benefit Pension Scheme (Old Pension Scheme - OPS) that was in vogue for a century or more. We are also exploring the possibility of organizing an indefinite strike in the coming days exclusively on one demand i.e., SCRAP NPS, RESTORE OPS for which wider consultations are being made with all like-minded organizations.

Source:http://nfpe.blogspot.com/

Monday, September 10, 2018

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Grant of Dearness Allowance to Central Government employees - Revised Rates effective from 1.7.2018.

No. 1/2/2018-E-II (B)
Government of India
Ministry of Finance
Department of Expenditure
****
North Block, New Delhi
Dated the 7th September, 2018.

OFFICE MEMORANDUM

Subject: Grant of Dearness Allowance to Central Government employees - Revised Rates effective from 1.7.2018.

The undersigned is directed to refer to this Ministry’s Office Memorandum No.1/1/2018-E-II (B) dated 15th March, 2018 on the subject mentioned above and to say that the President is pleased to decide that the Dearness Allowance payable to Central Government, employees shall be enhanced from the existing rate of 7% to 9% of the basic pay with effect from 1st July, 2018.

2. The term ‘basic pay’ in the revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix as per 7th CPC recommendations accepted by the Government, but does not include any other type of pay like special pay, etc.

3. The Dearness Allowance will continue to be a distinct element of remuneration and will not be treated as pay within the ambit of FR 9(21).

4. The payment on account of Dearness Allowance involving fractions of 50 paise and above may be rounded to the next higher rupee and the fractions of less than 50 paise may be ignored.

5. These orders shall also apply to the civilian employees paid from the Defence Services Estimates and the expenditure will be chargeable to the relevant head of the Defence Services Estimates. In respect of Armed Forces personnel and Railway employees, separate orders will be issued by the Ministry of Defence and Ministry of Railways, respectively.


6. In so far as the employees working in the Indian Audit and Accounts Department are concerned, these orders are issued with the concurrence of the Comptroller and Auditor General of India.

Sd/-
(Nirmala Dev)
Deputy Secretary to the Government of India
Source:https://doe.gov.in/sites/default/files/DA%20Eng.pdf

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Burning issues of the Railwaymen-AIRF

A.I.R.F.
All India Railwaymen’s Federation
(Estd, 1924)
4, STATE ENTRY ROAD,
NEW DELHI-110055
INDIA

Brief of the meeting held today, i.e. on 3rd September, 2018, with Hon’ble Minister for Railways and subsequently with Hon’ble Home Minister on burning issues/demands of the Railwaymen.

I met today with Hon’ble Minister for Railways and handed him over a copy of our letter No.AIRF/24(C) dated 1st September, 2018, containing copies of our earlier letters dated 21st September, 2017, 14th October, 2017, 28th December, 2017, 14th March, 2018 and 30th July, 2018, which we written to him on various important demands of the Railwaymen……

No.AIRF/24(C) Dated: September 3, 2018

The General Secretaries,
All Affiliated Unions,

Dear Comrades,

Sub: Brief of the meeting held today, i.e. on 3rd September, 2018, with Hon’ble Minister for Railways and subsequently with Hon’ble Home Minister on burning issues/demands of the Railwaymen
—————–

I met today with Hon’ble Minister for Railways and handed him over a copy of our letter No.AIRF/24(C) dated 1st September, 2018, containing copies of our earlier letters dated 21st September, 2017, 14th October, 2017, 28th December, 2017, 14th March, 2018 and 30th July, 2018, which we written to him on various important demands of the Railwaymen.

The meeting was held in a very cordial atmosphere.

Hon’ble Minster for Railways, though, was very sympathetic to some of the demands, but at the same time, he mentioned that, operating ratio of the Indian Railways is decreasing and financial condition of the Railways is also deteriorating day-by-day.

I told him in a very clear way that, Railwaymen are not responsible for the economic problems of the Railways, because they are running trains 24X7 in all weathers and seasons, even by sacrificing their valuable lives, and not fulfilling the demands of the Railwaymen will not be able to satisfy them and prevailing dissatisfaction and discontentment can lead to breach of industrial peace which needs to be avoided.

I also met today with Hon’ble Home Minister, Shri Rajnath Singh Ji also and reminded him about the major pending demands of the Central Government Employees, particularly restoration of Old Pension Scheme, improvement in Minimum Wage and Fitment Formula.

He said that, he would talk to Hon’ble Finance Minister, and after that, would call a meeting with Hon’ble Finance Minister.

This is for your information.

Yours faithfully 
(Shiva Gopal Mishra) 
General Secretary 

Burning issues of the Railwaymen 

No.AIRF/24(C)               Dated: September 1, 2018 

Shri Piyush Goyal,
Hon’ble Minister for Railways,
Ministry of Railways,
Rail Bhawan,
New Delhi

Respected Sir,

Sub: Burning issues of the Railwaymen

Please refer to our earlier letters of even number dated 21st September, 2017, 14th October, 2017, 28th December, 2017, 14th March, 2018 and 30th July, 2018(copies enclosed for ready reference for your kind perusal).

AIRF has been in continuous communication and dialogue with your goodself on the long pending genuine demands/issues of the Railwaymen, but the same are lingering in the Rail Bhawan and not moving towards finalization.

Recently, the issues raised by the undersigned, particularly reg. revision in the rates of Running Allowances and other allowances related to Running Staff, implementation of structure of the ratio of 10:20:20:50 for upgradation of Trackmen/Track Maintainers, LARSGESS, absorption of those Course Completed Act Apprentices, in the Railways, who completed their course before issuance of Railway Board’s letter dated 21.06.2016(RBE No.71/2016), giving them one time exemption, restructuring of the IT Cadre, exemption of the Railwaymen from the purview of National Pension System(NPS), improvement in Minimum Wage and Fitment Formula, improvement in the condition of Railway quarters, improvement in medical facilities, deployment of wards of the Railwaymen as “Gate Mitras”, stoppage of indiscriminate outsourcing/privatization in the Railways, upgradation of apex level Group `C’ staff as Group `B’ Gazetted,stepping-up of Loco Inspectors inducted in the Railways prior to 01.01.2006, benchmark(existing prior to 7th CPC) for financial upgradation under MACPS and regular promotions, absorption of the quasi-administrative offices staff in erstwhile Group `D’ posts in the Railways, sanction of Risk and Hazard Allowance to the staff of Signalling, TRD, Operating, Mechanical and Electrical Departments. There can be a few other issues also, but these are the important issues raised by the undersigned from time to time, as has been mentioned in our letters referred to above.

Railwaymen, give their sweat and blood, while running Indian Railways to the best satisfaction of the customers in spite of huge vacancies of more than two lakh. Railwaymen always hoped that their long pending demands/issues will be resolved in a time-bound manner.

We sincerely hope that, you will kindly issue necessary instructions to all concerned to resolve the long pending issues/demands of the Railwaymen, hanging fire in Rail Bhawan, early.

We also hope that, you will kindly arrange for a meeting with Hon’ble Finance Minister or at any appropriate level to get resolve long pending issues of National Pension System(NPS) and Minimum Wage and Fitment Formula.

With Kind Regards, 
Yours faithfully 
(Shiva Gopal Mishra) 
General Secretary 

Source : AIRF

Friday, September 07, 2018

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Payment of Night Duty Allowance (NDA) -regarding seeking of clarification

GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS (FYS)

PAY TECH SECTION

10-A, S.K. BOSE ROAD, KOLKATA: 700001

No. Pay/Tech-II/1206/Cir
Date: 28/08/2018 
.......
(All Cs F&A)

Subject: Payment of Night Duty Allowance (NDA) -regarding seeking of clarification.

A copy of OFB letter bearing No.658/NDA/Per/Policy dated 24/07/2018 regarding the payment of NDA based on the revised pay and allowances w.e.f. 01/01/2006 and payment of arrears from April, 2007 is forwarded herewith for compliance and necessary action please.

Encls: As above.

Dy. Controller of Accounts (Fys)

ORDNANCE FACTORY BOARD 
MINISTRY OF DEFENCE 
AYUDH BHAVAN 
10-A, SHAHEED KHUDIRAM BOSE ROAD
KOLKATA-700 001

No. 658/NDA/Per/Policy
Date: 24/07/2018

The Principal Controller of Accounts (Fys)
Section: Pay/Tech
10-A, Shaheed Khudiram Bose Road,
Kolkata-700 001

Sub: Payment of Night Duty Allowance (NDA)- regarding.

Ref: Letter No. Pay/Tech-11/206 dated 17/7/2018.

With reference to the above please find enclosed a copy of OFB circular No.658/NDA/Per/Policy dated 11/4/2018 issued on the subject. In this regard it is indicated that the subject matter had come up for discussion in the Steering Committee Meeting for JCM-III level council meeting held on 10/04/2018 wherein it transpired that OFB’s clarification dated 21/11/2017 has already indicated that the conditions laid down in OFB circulars dated 21/05/2015 and 10/09/2015 remained unchanged and hence eligible employees are entitled to draw NDA based on the revised pay and allowances drawn by them w.e.f. 01/01/2006 and payment of arrears from Apr’2007 in line with Court’s order. Hence, it was decided to issue a general circular clarifying the queries of various Fys. Accordingly, the OFB circular dated 11/4/2018 has been issued for necessary compliance at all OPS/Units and wherein PC of A (Fys) had also been requested to issue necessary directions to all Branch AOs for admitting NDA claims.

Forwarded for information and further necessary action please.

Enclo: As above.
[S.Sharad Rao]
Dy. Director/Admin
For Director General Ordnance Factories

GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
ORDNANCE FACTORY BOARD
AYUDH BHAWAN
10-A, SHAHEED KHUDIRAM

No.658/NDA/Per/Policy
dated - 11/04/2018

Sub : Night Duty Allowance (NDA) - clarification regarding fixation of ceiling of pay for entitlement - regarding.

Ref : OFB Instruction No.3519/2017/Per/Policy circulated vide circular No. 658/NDA/Per/Policy dated 21/11/2017.

Attention is drawn to OFB instruction/circular cited under Ref above wherein a clarification regarding fixation of ceiling of pay for entitlement was issued. it was clearly indicated at Para-03 of the said instruction that all terms & conditions laid down in OFB's earlier circulars dated 21/05/2015 and dated 10/09/2015 shall remain unaltered.

02. However, various OFs are seeking further clarification on the date of entitlement for payment of arrears on account of NDA in revised rates.

03. In view of the above and since it has already been indicated in the above referred OFB instruction dated 21/ 11/2017 that all other terms and conditions laid down in OFB instruction/circular cited at Ref(ii)&(iii) shall remain unchanged, it is hereby once again clarified that eligible employees are entitled to draw NDA based on the revised pay and allowances drawn by them w.e.f.01/01/2006 and payment of arrears from April’2007 in terms of Hon’ble CAT Jodhpur Bench order dated 05/11/2009 in OA No.34/2008-Shri Ram Kumar & Ors -Vs- UOI Ors.

04. All OFs/Units are requested to follow the above instruction accordingly.
Sd/-
[Dr.(Smt.) Vani A Singh]
Director/Admin.
For Director General Ordnance Factories
Source: http://pcafys.nic.in/files/NDA29818.pdf

Thursday, September 06, 2018

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Central Government Employees Group Insurance Scheme-1980 Tables of Benefits for the savings fund for the period from 01.07.2018 to 30.09.2018.

No. 7(2)/EV/2016 
Government of India 
Ministry of Finance 
Department of Expenditure 

New Delhi, the 4th September, 2018 

OFFICE MEMORANDUM

Sub: Central Government Employees Group Insurance Scheme-1980 Tables of Benefits for the savings fund for the period from 01.07.2018 to 30.09.2018.

The Tables of Benefits for Savings Fund to the beneficiaries under the Central Government Employees Group Insurance Scheme-1980, which are being issued on a quarterly basis from 01.01.2017 onwards, as brought out in this Ministry’s OM of even number dated 17.03.2017, for the quarter from 01.07.2018 to 30.09.2018, as worked out by IRDA based on the interest rate of 7.6% per annum (compounded quarterly) as notified by the Department of Economic Affairs as per their Resolution No. 5(1)-B(PD)/2018 dated 17.07.2018, are enclosed.

2. The Tables enclosed are of two categories as per the existing practice. As hitherto, the first Table of Benefits for the savings fund of the scheme is based on the subscription of Rs.10 pm. from 1.1.1982 to 31.12.1989 and Rs.15 p.m. w.e.f. 1.1.1990 onwards. The second Table of Benefits for savings fund is based on a subscription of Rs.10 pm. for those employees who had opted out of the revised rate of subscription w.e.f. 1.1. 1990.

Also Read: CGEGIS : Table of Benefits for the Savings Fund from 01.04.2018 to 30.06.2018

3. While these orders are in respect of Table of Benefits for the period from 01.07.2018 to 30.09.2018, the Tables already issued for the first quarter and second quarter i.e. for the period 01.01.2018 to 30.06.2018 are also reproduced for the sake of convenience and consolidation.

4. In their application to the employees of Indian Audit and Accounts Department, these orders are issued after consultation with the Comptroller 81, Auditor General of India.

5. Hindi version of these orders is attached.

(Amar Nath Singh) 
Director 

Source: https://doe.gov.in/sites/default/files/CGEGIS%20Table%20from%2001.07.2018-30.09.2018_0.pdf

Monday, September 03, 2018

Supreme Court reserves order on pleas to review verdict on quota benefits to SC/ST employees

The Supreme Court on Thursday reserved its verdict on petitions seeking a seven-bench examination of its judgment in the M Nagaraj case which had put conditions for granting quota benefits for job promotions to SC/ST employees working in the public sector.

A five-judge constitution bench, headed by Chief Justice of India Dipak Misra, reserved the order on whether the 12-year-old verdict granting reservation to SC/ST employees working in the public sector required consideration by a larger bench or not.

The 2006 verdict said that “the state is not bound to make reservation for SC/ST in matter of promotions. However, if they wish to exercise their discretion and make such provision, the state has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment in addition to compliance of Article 335.”

The verdict also mandated the state to ensure that the reservation did not lead to excessiveness so as to breach the upper ceiling of 50 per cent or obliterate the creamy layer or extend the reservation indefinitely.

The Centre and various state governments had sought reconsideration of this verdict on various grounds, including that the members of the SC/ST communities are presumed to be backward and considering their stigma of caste, they should be given reservation even in job promotions.

Alleging that the Nagraj verdict had put unnecessary conditions in granting quota benefits to the SC/ST employees, the Centre sought its reconsideration by a larger bench.

Appearing for the Centre, Attorney General K K Venugopal said there was a presumption of backwardness in their favour. He said the SC/ST communities have been facing caste-based discrimination for long and the stigma of caste is attached to them despite the fact that some of them have come up.

Senior advocate Rajeev Dhavan, appearing for one of the petitioners, had earlier contended that a lot of confusion has occurred due to conflicting judicial pronouncements given by different benches of the apex court and high courts.

At the hearing on Wednesday, senior advocate Rakesh Dwivedi, who represented those opposing quota in promotions, had told the bench that earlier there was presumption of backwardness with regard to SC/ST communities. There should not be quota in promotions for higher services as the presumption of backwardness of SC and ST employees “vanishes” once they join government service, he had claimed.

Dwivedi added that the quota in promotions for SC/ST may be continued for class-IV and class-III services, but should not be allowed for higher services.

Earlier, the top court had questioned the logic behind granting quota in promotions in government jobs to the kith and kin of affluent persons among the SC and ST communities who have been holding high official positions. It had asked why the ‘creamy layer’ principle, used to exclude the affluent among other backward classes (OBCs) from enjoying the fruits of reservation, cannot be made applicable to deny quota benefits in promotion to those affluent among the SCs and STs.

(With PTI inputs)
Read at: Indian Express

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Procedure to process cases to accord exemption for air travel in airlines other than Air India in individual cases

F.No.9-21/2017-Fin. (Pt-II) 
Government of India 
Ministry of Communications 
Department of Telecommunications 
(Finance Branch)

New Delhi, the 20th August, 2018

OFFICE MEMORANDUM

Subject:- Procedure to process cases to accord exemption for air travel in airlines other than Air India in individual cases - Regarding.

Reference is invited to Department of Expenditure OM. No.19024/1/2009-E.IV dated 07.06.2016 on the subject cited above. In this context it is observed that a considerable number of cases in connection with travelling on official tour/LTC in private airlines (other than Air India) are being received for according post-facto approval. Availing the services of private airlines and subsequently seeking post-facto relaxation/approval is not a healthy practice.

2. With a view to avoid/the following procedure is prescribed for travelling on official tour/LTC:-

(a) Officers should prepare tour programme sufficiently in advance and tickets for Air India be booked.

(b) The guidelines issued by the Ministry of Finance for relaxation to travel by airlines other than Air India must be adhered to and request for relaxation be submitted at least seven (7) working days in advance from the date of travel.

(c) The tickets in either case should be booked either from the website of the Airlines or through the authorized agents nominated by the Ministry of Finance.

(d) Proposals for according post-facto approvals will not be entertained. However, in deserving cases, the proposal may be submitted with full justification for not obtaining prior approval.

3. The contents of this Circular may be brought to the notice of all concerned.

(Smruti Ranjan Swain) 
DIRECTOR (FINANCE)
Source: http://dot.gov.in/sites/default/files/20.08.2018.pdf?download=1
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Master Circular on Technical resignation and lien in Central Services-DOPT

No. 28020/2/2018-Estt.(C) 
Government of India 
Ministry of Personnel, Public Grievances & Pensions 
(Department of Personnel & Training) 

North Block, New Delhi 
Dated - 27th August, 2018 

OFFICE MEMORANDUM 

Subject: Master Circular on Technical resignation and lien in Central Services-reg.

The undersigned is directed to refer to this Departments OM No. 28020/1/2010 dated 17.08.16 on the above subject and to say that guidelines/ instructions regarding lien/technical resignation have been issued from time to time. It is now proposed to further consolidate these instructions to provide clarity and ease of reference.

2. Before the Master Circular is finalized, it is requested to furnish comments/views in this regard, if any, by 10.9.20 18 to the undersigned at the e-mail address: jha.sn[@]nic.in.
(Surya Narayan Jha) 
Under secretary to the Government of India 
Telefax: 23094248 
No. 28020/3/2018-Estt.(C) 
Government of India 
Ministry of Personnel, PG and Pensions 
Department of Personnel & Training 

North Block, New Delhi 
Dated: , 2018 

OFFICE MEMORANDUM 

Subject: Master Circular on Technical resignation and Lien in Central Services-reg.

The undersigned is directed to refer to this Department's O.M No. 28020/ 1/2010-Estt(C) dated 17.08.16 wherein consolidated instructions on Lien / Technical resignation were issued.

2. It has been decided to consolidate the instructions/guidelines in relation to on Lien/ Technical resignation as a Master Circular to provide clarity and ease of reference. The consolidated guidelines issued vide O.M. dated 17.08.16 has been suitably updated as on date and the same is enclosed. The list of O.Ms issued till date is at Appendix.
(N. Sriraman) 
Director (Establishment) 
Telefax: 23094637 

Master Circular on Lien/Technical resignation in Central Services 

TECHNICAL RESIGNATION 

1. As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965, the resignation is treated as a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department, and is on selection, required to resign from the previous post for administrative reasons. The resignation will be treated as technical resignation if these conditions are met, even if the Government servant has not mentioned the word "Technical" while submitting his resignation. The benefit of past service, if otherwise admissible under rules, may be given in such cases. Resignation in other cases including where competent authority has not allowed the Government servant to forward the application through proper channel will not be treated as a technical resignation and benefit of past service will not be admissible. Also, no question of benefit of a resignation being treated as a technical resignation arises in case of it being from a post held on ad hoc basis.

2. This benefit is also admissible to Government servants who have applied before joining the Government service and on that account the application was not routed through proper channel. The benefit of past service is allowed in such cases subject to the fulfilment of the following conditions:-

a.  the Government servant should intimate the detalls of such application immediately on her joining;
b.  the Government servant at the time of resignation should specifically make a request, indicating that she is resigning to take up another appointment under Government for which she had applied before joining the Government service;
c.  the authority accepting the resignation should satisfy itself that had the employee been in service on the date of application for the post mentioned by the employee, her application would have been forwarded through proper channel.

Carry forward of Leave benefits 

3. In terms of Rule 9(2) of the CCS (Leave) Rules, 1972, technical resignation shall not result in the lapse of leave to the credit of the Government servant. The balance of unutilised CCL as well as all other leaves of the kind due & admissible will be carried forward.

4 As per rule 39-D of the CCS(Leave) Rules,1972, in case of permanent absorption in PSUs/ Autonomous Bodies! State Government etc., the Government servant shall be granted cash equivalent of leave salary in respect of EL & HPL at his credit subject to overall limit of 300 days.

Carry forward of LTC 

5. Entitlement to LTC may be carried forward in case of a Central Government Servant who joins another post after having submitted Technical Resignation. In case of a Govt Servant who resigns within 8 years of his appointment and joins another post in the Government after Technical Resignation, Govt Servant will be treated as a fresh recruit for a period of 8 years from the date of his initial appointment under Government. Thus, if a Government servant joins another Department after serving in Government for 4 years, he will be treated as a fresh recruit for 4 years in the new Department.

Pay Protection, eligibility of past service for reckoning of the minimum period for grant of Annual Increment

6. In cases of appointment of a Government servant to another post in Government on acceptance of technical resignation, the protection of pay is given in terms of the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965 read with provisions of FR 22-B. Thus, if the pay fixed in the new post is less than his pay in the post he holds substantively, he will draw the presumptive pay of the post he holds substantively as defined in FR-9(24). Past service rendered by such a Government servant is taken into account for reckoning of the minimum period for grant of annual increment in the new post/ service/ cadre in Government under the provisions of FR 26 read with Rule 10 of CCS(RP) Rules, 2016. In case the Government servant re-joins his earlier posts, he will be entitled to increments for the period of his absence from the post.

7. GPF transfer 

Transfer of GPF on technical resignation would be governed by Rule 35 of the General Provident Fund (Central Services) Rules, 1960.

8. Seniority 

On technical resignation seniority in the post held by the Government servant on substantive basis continues to be protected. However, in case of a Government servant deciding to rejoin his substantive post, the period spent in the another Department which he had joined after submitting his technical resignation will not count for minimum qualifying service for promotion in the higher post.

9. Applicability of Pension Scheme 

In cases where Government servants, who had originally joined government service prior to 01.01.2004, apply for posts in the same or other Departments and on selection they are asked to tender technical resignation, the past services are counted towards pension if the new post is in a pensionable establishment in terms of Rule 26(2) of CCS(Pension) Rules 1972. They will thus continue to be covered under the CCS(Pension) Rules, 1972 even if they join the new post after 01.01.2004.

10. New Pension Scheme 

In case of 'Technical Resignation' of Government servant covered under National Pension System (NPS), the balance standing to their Personal Retirement Account (PRA) along-with their PRAN, will be carried forward to the new office.

11. Transfer of Service Book from parent Department to present Department. 

As per SR- 198, the Service Book is to be maintained for a Government servant from the date of his/her first appointment to Government service and it must be kept in the custody of the Head of Office in which he is serving and transferred with him from office to office.

12. Need for Medical examination. 

In cases where a person has already been examined by a Medical Board in respect of his previous appointment and if standard of medical examination prescribed for the new post is the same, then he need not be required to undergo a fresh examination.

13. Verification of Character & Antecedents 

In the case of a person who was originally employed in an office of the Central Government, if the period intervening between date of discharge from his previous office and the date of securing a new appointment, is less than a year, it would be sufficient if the appointing authority, before making the appointment, satisfies itself by a reference to the office in which the candidate was previously employed that (a) that office have verified his character and antecedents; and (b) his conduct while in the employ in that office did not render him unsuitable for employment under Government. If, however, more than a year has lapsed after the discharge of the person from his previous office, verification should be carried out in full/afresh.

Lien

14. Lien is defined in FR-9 (13). It represents the right of a Government employee to hold a regular post, whether permanent or temporary, either immediately or on the termination of the period of absence. The benefit of having a lien in a post/service/cadre is enjoyed by all employees who are confirmed in the post/service/cadre of entry or who have been promoted to a higher post, declared as having completed the probation where it is prescribed. It is also available to those who have been promoted on regular basis to a higher post where no probation is prescribed under the rules, as the case may be.

15. The above right will, however, be subject to the condition that the junior-most person in the cadre will be liable to be reverted to the lower post/service/cadre if at any time the number of persons so entitled is more than the posts available in that cadre / service.

16. Lien on a post

A Government servant who has acquired a lien on a post retains a lien on that post—

(a) while performing the duties of that post;
(b) while on foreign service, or holding a temporary post or officiating in another post;
(c) during joining time on transfer to another post; unless he is transferred substantively to a post on lower pay, in which case his lien is transferred to the new post from the date on which he is relieved of his duties in the old post;
(d) while on leave; and
(e) while under suspension.
A Government servant on acquiring a lien on a post will cease to hold any lien previously acquired on any other post.

17. Retention of lien for appointment in another central government office/state government

i.  A permanent Government servant appointed in another Central Government Department/Office/ State Government, has to resign from his parent department unless he reverts to that department within a period of 2 years, or 3 years in exceptional cases. An undertaking to abide by this condition may be taken from him at the time of forwarding of his application to other departments / offices.
ii. The exceptional cases may be when the Government servant is not confirmed in the department/office where he has joined within a period of 2 years. In such cases he may be permitted to retain the lien in the parent department! office for one more year. While granting such permission, a fresh undertaking similar to the one indicated above may be taken from the employee.
iii.  Timely action should be taken to ensure extension! reversion/ resignation of the employees to their parent cadres on completion of the prescribed period of 2/3 years. In cases, where employees do not respond to instructions, suitable action should be initiated against them for violating the agreement/ undertaking given by them as per (i) and (ii) above and for termination of their lien. Adequate opportunity may, however, be given to the officer prior to such consideration.
iv.  Temporary Government servants will be required to sever connections with the Government in case of their selection for outside posts. No lien will be retained in such cases.
18. Termination of Lien

A Government servant's lien on a post may in no circumstances be terminated even with his consent if the result will be to leave him without a lien upon a permanent post. Unless his lien is transferred, a Government servant holding substantively a permanent post retains lien on that post. It will not be correct to deny a Government servant lien to a post he was holding substantively on the plea that he had not requested for retention of lien while submitting his Technical Resignation, or to relieve such a Government servant with a condition that no lien will be retained.

A Government employee's lien on a post shall stand terminated on his acquiring a lien on a permanent post (whether under the Central Government or a State Government) outside the cadre on which he is borne.

No lien shall be retained: 

(a) where a Government servant has proceeded on immediate absorption basis to a post or service outside his service/ cadre/ post in the Government from the date of absorption; and
(b) on foreign service/ deputation beyond the maximum limit admissible under the orders of the Government issued from time to time.
19. Transfer of Lien

The lien of a Government servant, who is not performing the duties of the post to which the lien pertains, can be transferred to another post in the same cadre subject to the provisions of Fundamental Rule 15.

20. Joining Time, Joining Time Pay &Travelling Allowance Provisions relating to joining time are as follows:

20.1 For appointment to posts under the Central Government on results of a competition and/or interview open to Government servants and others, Central Government employees and permanent/ provisionally permanent State Government employees will be entitled to joining time under the CCS(Joining Time) Rules,1979. Joining time will be included as qualifying service in the new job.

20.2 A Government servant on joining time shall be regarded as on duty during that period and shall be entitled to be paid joining time pay equal to the pay which was drawn before relinquishment of charge in the old post. He will also be entitled to Dearness Allowance, if any, appropriate to the joining time pay. In addition, he can also draw compensatory allowances like House Rent Allowance as applicable to the old station from which he was transferred. He shall not be allowed Conveyance Allowance or permanent Travelling Allowance.

20.3 For appointments to posts under the Central Government on the basis of results of a competition and br interview open to Government servants and others, Central Government employees and permanent/ provisionally permanent State Government employees shall be entitled to Transfer Travelling Allowance(TTA).

However, temporary Central Government employees with less than 3 years of regular continuous service would not be entitled for TTA, as they are not entitled joining time pay under Joining Time Rules.

APPOINTMENT OF CENTRAL GOVERNMENT SERVANTS IN CENTRAL PUBLIC 
ENTERPRISE ON IMMEDIATE ABSORPOTION BASIS 

Regarding granting terminal benefits to the Government servants going over to the Public enterprises on immediate absorption basis, the following terms and conditions may be referred:-

21. Release of the Government servants for appointment in the enterprises

A Government servant who has been selected for a post in a Central Public Enterprises may be released only after obtaining and accepting his resignation from the Government service.

22. Retention of lien/quasi-permanent status: -

No lien/quasi-permanent status of the Government servant concerned will to retained in his parent cadre. All his connections with the Government will be severed on his release for appointment in an enterprise and he will not be allowed to revert to his parent cadre.

23. Pay fixation:-

A Government servant selected for a post in a Central Public Enterprise will be free to negotiate his emoluments with the enterprise. On appointment to a post in a public sector enterprise on immediate absorption basis, a Government servant will be at par with other employees of the enterprise and will be governed by the rules of the enterprise in all respects.

24. Pension benefits:

i.  Resignation from Government service with a view to secure employment in a Central public enterprise with proper permission will not entail forfeiture of the service for the purpose of retirement/terminal benefits. In such cases, the Government servant concerned shall be deemed to have retired from service from the date of such resignation and shall be eligible to receive all retirement/terminal benefits as admissible under the relevant rules applicable to him in his parent organization.

ii.  The officer eligible for pension should exercise an option within 6 months of the date of his resignation for either of the following two alternatives:-

a.  Pro-rata monthly pension and death-cum-retirement gratuity admissible under the relevant rules.

b.  Pro-rata gratuity and a lump sum amount in lieu of pension worked out with reference to the commutation tables applicable on the date of resignation.

NOTE: Where no option is exercised within the prescribed time limit, the officer will be governed by alternative (a) above. Option once exercised shall be treated as final.
iii)  Any further liberalization of pension rules decided upon by Government after the date of resignation of a Central Government servant to join the public enterprise will not be extended to him.

iv) A Government servant who opts for pro-rata monthly pension on his resignation from Government service will not be entitled to relief on pension during his service in the public enterprise.

25. Leave:

A Government servant taking up an appointment in a Central public enterprise will be entitled to encashment of earned leave to his credit at the time of acceptance of his resignation from Government service, subject to a limit of 180 days. Half pay leave will stand forfeited.
26. Family pension:

If there is no family pension scheme in a public enterprise, or if the officer does not become eligible to join family pension scheme in the enterprise, the family pension as admissible under the Central Government will be allowed to him.

26.2. For the purpose of these instructions immediate absorption means acceptance of resignation of an officer from Government service to enable him to take up an appointment in a Central public enterprise, for which he had applied with proper permission.

26.3. Since the terminal benefits mentioned above are admissible only to those officers who leave Government service to secure employment in the enterprise, with proper permission, a case of grant of these benefits may be processed only after ascertaining from the enterprise concerned that the officer has actually joined them.

26.4. The stipulation of 'immediate absorption' will apply to all appointments of Central Government servants in the Central public enterprises, irrespective of the level of appointment, the mode of recruitment, and whether an appointment is in public interest or otherwise, but subject to the exceptions made in the OM dated 6.3.1985 referred to above.

26.5. For the purpose of these orders, a Central public enterprise is an undertaking wholly or substantially owned by the Government of India, and which is accepted as such by the bureau of Public Enterprises.

26.6. The terminal benefits etc. enumerated in para 1 above will be admissible to all Central Government servants, who secure appointments in Central public enterprises with proper permission. A Government servant selected for appointment in an enterprise on the basis of an application submitted by him before joining the Government service will be deemed to have applied with proper permission for the purpose of these orders.

26.7. All existing instructions on the subject will stand amended/ superseded to the extent indicated in the preceding paragraphs. Formal amendments in the statutory rules, where considered necessary, will be carried out in due course.

26.8. All cases of grant of pensionary benefits etc. to Government servants, who are appointed in the Central public sector enterprises on immediate absorption basis, shall be decided by the administrative Ministries/Cadre Controlling Authorities/Authorities competent to accept resignation of a Government servant in accordance with provisions of this OM All other cases not covered under the provisions of this OM or which require relaxation of any provision should continue to be referred to the Bureau of Public Enterprises with necessary service particulars. Cases of doubtful nature also should continue to be referred to the Bureau of Public Enterprises.


Source: http://documents.doptcirculars.nic.in/D2/D02est/Lien%20DraftKdaDv.PDF

Thursday, August 30, 2018

Grant of benefit of pay fixation at time of promotion to Inspector posts.

No.20-27/2015-SPB-II
Government of India
Ministry of Communications
Department of Posts
(Personnel Division)

Dak Bhawan, Sansad Marg
New Delhi – 110 001

Dated 20th August, 2018

To

All Head of Circles
All Head of Regions

Subject: Grant of benefit of pay fixation at time of promotion to Inspector posts.

Sir/Madam,

I am directed to say that references from various Circles are being received in Directorate seeking clarification on fixation of pay of the Postal Assistants, who have already been granted benefit of financial upgradation under MACP scheme, on their promotion as Inspector posts on the basis of LDCE. Further, consequent upon upgradation of grade pay of Inspector posts to Rs. 4600/- w.e.f. 01.01.2006, disparity in fixation of pay by different Circles has also been noticed by the Directorate while re-fixing pay of Inspector Posts posted in Directorate to the extent that in similar case some Circles have granted promotional increment to the officials who have been granted financial upgradation under MACPs, while others have not allowed, presumably invoking para 4 of Annexure I to MACP guidelines.

2. The matter has been examined in consultation with Establishment Division of Directorate and it has been decided to convey that Inspector Posts is not in a regular promotional hierarchy of Postal Assistant and they can become Inspector Posts only on attaining merit in Competitive Examination. As such, 3% fitment benefit should be allowed to officials at the time of fixation of pay on promotion to the post of Inspector (Limited Departmental Competitive Examination) even after availing financial upgradation under MACP.

3. This may be brought to notice of all concerned.

Yours faithfully,
sd/-
(G.Rajeev)
Director (SPN)

Source: NFPE

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