Thought for today 30 th January 2019

An error does not become truth by reason of multiplied propogation nor does truth becomes error because nobody sees it.Truth stands, even if there be no public suppport.It is self sustained.

Mahatma Gandhi

Friday, 27 September 2013

GRANT OF NON-PRODUCTIVITY LINKED BONUS (AD-HOC BONUS) TO CENTRAL GOVERNMENT EMPLOYEES FOR THE YEAR 2012-13

No.7/24/2007/E III (A)
Government of India
Ministry of Finance
Department of Expenditure
E III (A) Branch
New Delhi, the 27th September, 2013
OFFICE MEMORANDUM
Subject: - Grant of Non-Productivity Linked Bonus (ad-hoc bonus) to Central Government Employees for the year 2012-13.
   The undersigned is directed to convey the sanction of the President to the grant of Non-Productivity Linked Bonus (Ad-hoc Bonus) equivalent to 30 days emoluments for the accounting year 2012-13 to the Central Government employees in Groups C’ and D and all non-gazetted employees in Group ‘B’, who are not covered by any Productivity Linked Bonus Scheme. The calculation ceiling for payment of ad-hoc Bonus under these orders shall continue to be monthly emoluments of Rs. 3500/-, as hitherto. The payment of ad-hoc Bonus under these orders will also be admissible to the eligible employees of Central Para Military Forces and Armed Forces. The orders will be deemed to be extended to the employees of Union Territory Administration which follow the Central Government pattern of emoluments and are not covered by any other bonus or ex-gratia scheme.
   2. The benefit will be admissible subject to the following terms and conditions:
   (i) Only those employees who were in service as on 31.3.2013 and have rendered at least six months of continuous service during the year 2012-13 will be eligible for payment under these orders. Pro-rata payment will be admissible to the eligible employees for period of continuous service during the year from six months to a full year, the eligibility period being taken in terms of number of months of service (rounded off to the nearest number of months).
   (ii) The quantum of Non-PLB (ad-hoc bonus) will be worked out on the basis of average emoluments/calculation ceiling whichever is lower. To calculate Non-PLB (Ad-hoc bonus) for one day, the average emoluments in a year will be divided by 30.4 (average number of days in a month). This will thereafter be multiplied by the number of days of bonus granted. To illustrate, taking the calculation ceiling of monthly emoluments of Rs. 3500 (where actual average emoluments exceed Rs. 3500), Non-PLB (Ad-hoc Bonus) for thirty days would work out to Rs. 3500×30/30.4=Rs.3453.95 (rounded off to Rs.3454/-).
   (iii) The casual labour who have worked in offices following a 6 days week for at least 240 days for each year for 3 years or more(206 days in each year for 3 years or more in the case of offices observing 5 days week), will be eligible for this Non-PLB (Ad-hoc Bonus) Payment. The amount of Non-PLB (ad-hoc bonus) payable will be (Rs.1200×30/30.4 i.e.Rs.1184.21 (rounded off to Rs.1184/-). In cases where the actual emoluments fall below Rs.1200/- p.m., the amount will be calculated on actual monthly emoluments.
   (iv) All payments under these orders will be rounded off to the nearest rupee.
   (v) The clarificatory orders issued vide this Ministry’s OM No.F.14 (10)—E. Coord/88 dated 4.10.1988, as amended from time to time, would hold good.
   3. The expenditure on this account will be debitable to the respective Heads to which the pay and allowances of these employees are debited.
   4. The expenditure incurred on account of Non-PLB (Ad-hoc Bonus) is to be met from within the sanctioned budget provision of concerned Ministries/Departments for the current year.
   5. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued in consultation with the Comptroller and Auditor General of India.
Sd/-
(Amar Nath Singh)
Deputy Secretary to the Govt. of India

Wednesday, 25 September 2013

Constitution of 7 th pay Commission for Central Government Emplyees

THE GOVERNMENT OF INDIA HAVE DECIDED

 TO SET UP THE 7 TH PAY COMISSION TO 

CONSIDER THE REVISION OF PAY SCALES OF

 CENTRAL GOVERNMENT EMPLOYEES.  THE

NAMES OF  CHAIRMAN AND MEMBERS OF THE  

 COMMISSION ARE LIKELY TO BE ANNOUNCED

 SHORTLY.

THE RECOMMENDATIONS OF THE

COMMISSION ARE LIKELY TO BE

 IMPLEMENTED FROM 1-1-2016    

Tuesday, 24 September 2013

Eligibility of widowed/divorced daughters for grant of family pension - clarification regarding.

I
                                     No.1/13/09-P&PW (E)
                      Government of India
            Ministry of Personnel, P.G. & Pensions
        Department of Pension & Pensioners' Welfare
                     3rdFloor, Lok Nayak Bhawan,
                       Khan Market, New Delhi,
                                                                                                                                        11thSeptember, 2013.

OFFICE MEMORANDUM

Sub: Eligibility of widowed/divorced daughters for grant of family pension - clarification
regarding.

Provision for grant of family pension to a widowed/divorced daughter beyond the age of
25 years has been made vide OM dated 30.08.2004. This provision has been included in clause
(iii) of sub-rule 54 (6) of the CCS (Pension), Rules, 1972. For settlement of old cases, it was
clarified, vide OM dated 28.04.2011, that the family pension may be granted to eligible
widowed!divorced daughters with effect from 30.08.2004, in case the death of the Govt.
Servant/pensioner occurred before this date.
2. This Department has been receiving communications from various Ministries/
Departments seeking clarification regarding eligibility of a daughter who became widowed!
divorced after the death of the employee/pensioner.
3. As indicated in Rule 54(8) of the CCS (Pension) Rules, 1972, the turn of unmarried
children below 25 years of age comes after the death or remarriage of their mother/father, i.e.,
the pensioner and hislher spouse. Thereafter, the family pension is payable to the disabled
children for life and then to the unmarried/widowed/divorced daughters above the age of 25
years.
4. It is clarified that the family pension is payable to the children as they are considered to
be dependent on the Government servant/pensioner or his/her spouse. A child who is not earning
equal to or more than the sum of minimum family pension and dearness relief thereon is
considered to be dependent on hislher parents. Therefore, only those children who are dependent
and meet other conditions of eligibility for family pension at the time of death of the
Government servant or hislher spouse, whichever is later, are eligible for family pension. If two
or more children are eligible for family pension at that time, family pension will be payable to
each child on hislher turn provided he/she is still eligible for family pension when the turn
comes. Similarly, family pension to a widowed/divorced daughter is payable provided she fulfils
all eligibility conditions at the time of death/ineligibility of her parents and on the date her turn
to receive family pension comes.
5. As regards opening of old cases, a daughter if eligible, as explained in the preceding
paragraph, may be granted family pension with effect from 30th August, 2004. The position is
illustrated through an example. Shri A, a pensioner, died in 1986. He was survived by his wife,
Smt. B, a son Shri C and a daughter, Kumari D, the daughter being the younger. Kumari D
married in 1990 and got widowed in 1996. Smt. B died in 2001. Thereafter, Shri C was getting
family pension, being disabled, and died in 2003. Thereafter, the family pension was stopped as
Kumari D was not eligible for it at that time. She applied for family pension on the basis of
O.M., dated 30th August, 2004. Since she was a widow and had no independent source of income•
at the time of death of her mother and on the date her turn came, she may be granted family
pension. The family pension will continue only till she remarries or starts earning her livelihood
equal to or more than the sum of minimum family pension and dearness relief thereon.
6. This is only a clarification and the entitlement of widowed/divorced daughters would
continue to be determined in terms of O.M., dated 25/30th August, 2004, read with O.M., dated
28.4.2011.
(D.K. Solanki)
Under Secretary to the Government of India
Tel. No. 24644632
1. All Ministries/Departments of the Government of India
2. % The Comptroller & Auditor General of India
3. % The Controller General of Accounts, Lok Nayak Bhavan, New Delhi.
4. Pensioners' Associations as per list maintained in the Department
5. All OfficerslDesks

Friday, 20 September 2013

Disciplinary Action against Judicial Officers

Last week Yashvantrav Chavan Academy of Development Administration ,pune in collaboration with Maharashtra Judicial Academy had organized a training programme in which  I had an opportunity to address the newly recruited judicial officers viz. Judicial Magistrates, on the topic of " Departmental Inquiry". During my talk I had referred the following important judgements  of  the Supreme Court/ High Court relating to topics related to Deapartmental Inquiry in the following cases.

1) Union Of India V/S P. Parmeswaran Madras High Court judgement date 10 th January 2008.

2) Yoginath Bagde V/S State Of Maharashtra  AIR    1999 SC 3734

3) Samsher Sing V/S State of Punjab, 1974 AIR   2192

4) Union Of India V/S K.K.Dhavan, 1993 AIR 1478

5) State Of Haryana V/S Inder Prakash Anand 1976  AIR 1841

All the above said judgements are now made available on this blog  under the title of "Important Judgements" ( Serial no. 12 to 16 in the list). They can be got downloaded, if required.

The copies of these judgements are being sent to the concerned participants of the training programme.

10% D.A.Hike for Central Government employees/ Pensioners

Government of India announced 10% hike in dearness allowance for Central government employees. w.e.f. 1st July 2013.This hike is also admissible for central Government pensioners.. This  decision  will benefit abot 50 lakh employees and 30 lakh pensioners.

Tuesday, 3 September 2013

180 DAYS OF MATERNITY LEAVE AND 730 DAYS OF CHILD CARE LEAVE TO WOMEN IN ALL GOVERNMENT DEPARTMENTS AND PSUS- PARLIAMENTARY PANEL

Parliamentary Panel which was formed to study on presence of women in government departments and PSUs as well as facilities granted to them, has opined that no uniform rules are being followed in government departments as far as Maternity leave and Child Care Leave are concerned granted to Women Employees working in various Government Departments and Organisations.
The Committee has also reported that presence of women employees in Government departments is as low as 10.04%
The Committee has recommended that 180 days of Maternity Leave and 730 days ofChild Care Leave to Women in all Government Departments and PSUs are to be ensured.
The committee headed by Congress MP Shantaram Naik, has mooted out “flexible timings” for female employees, especially young mothers, so that organizations can retain talent.
This news has been reported in Times of India. Extract of said report is as follows
There are no uniform rules for female employees in government departments and organizations and they are treated by varying yardsticks when it comes to essential benefits like maternity and child care leave (CCL).
Dismayed after finding that maternity leave can vary from 90 to 135 days, a parliamentary panel has suggested that all government departments and organizations should ensure 180 days of leave for their women employees.
The panel found many organizations grant 90, 85 or 135 days of maternity leave. It has said child care leave (CCL) of 730 days must be granted with pay to women employees across the board in government.
The committee was also distressed by the low presence of women employees in government organizations. “It is disheartening to observe that it is significantly low…10.04% as per the 2012 census of central government employees,” the panel said. The representation is particularly poor in semi-urban and rural areas.
The standing committee on law, personnel and public grievances on the ‘status of women in government employment and in public sector undertakings’ was unhappy that while a majority of the organizations do grant CCL, but they do so without pay.
For example, Mahanandi Coalfields Ltd gives CCL to female employees working as executives but not for non-executive category. In Cochin Shipyard Ltd, CCL is not granted since there is no specific direction from the department of public enterprises.
The policy has been discontinued in Mormugao Port Trust even though CCL benefits have been extended to all civilian female industrial employees in government since September, 2008. But many women employees hesitate to avail the leave, if granted without pay.
Introduction of “flexible timings” for female employees, especially young mothers, so that organizations can retain talent has been mooted by the committee headed by Congress MP Shantaram Naik as the panel found household responsibilities as a major reason for attrition among women employees.
The government has been asked to explore the policy on “staggered working hours” or “work at home” for female employees. The panel was informed that the recommendation of Sixth Pay Commission regarding staggered working hours was not accepted by the government.
Single women should be given postings closest to their hometown or places of their choice, the panel said. “It should be mandatorily ensured,” it said, adding that this “pertinent factor” should be kept in mind during allocation of postings by department heads.
The provision for giving same station posting to couples may be given statutory backing, the panel recommended as it found the instruction is not always adhered to.
Women employees who travel beyond office hours should be provided with security and proper transport by the employer in order to ensure their safety, the committee said.
The panel also noted that action taken on complaints of sexual harassment at workplaceis “not satisfactory”. It felt merely transferring a delinquent employee to a different branch or station is inadequate and strict disciplinary action is needed. “The punishment has to be deterrent for prospective offenders,” the panel said.
Source : Times of India