Tuesday, 7 October 2014

U.P. Government’s Stunning Orders – Unmarried Government Employees to Give Written Assurance on not Accepting Dowry


U.P. Government’s Stunning Orders – Unmarried Government Employees to Give Written Assurance on not Accepting Dowry

On September 30, 2014, the Uttar Pradesh State Government had issued an order and had sent it to all the Government departments for immediate implementation. The order states that all unmarried employees of the state government shall give in writing that they would neither demand nor give dowry.

Employees who refuse to give the declarations have been warned that they would risk losing their jobs. District Supervisor and Advisor, Usha Tiwari has said that the prospective grooms shall not be allowed to accept any form of cheques, fixed deposits even in their brides’ names, or expensive gifts.

It is to be noted that Central Government employees are already prohibited from demanding or accepting dowry. According to the CSS (Conduct) Rules, the employees are to inform the Government of any expensive gift received at the time of marriage.

Outcome of JCM meeting with Secretary (Pension) held on 25.9.2014

Bharat Pensioners Samaj (BPS) has uploaded the details of the meeting held on 25.9.2014 on pensionary matters…

JCM (on Pension matters)

The meeting was held under the chairmanship of the Secretary (Pension) at Lok Nayak Bhawan on 25.9.2014. On behalf of the Staff Side, the following comrades attended.

Com. Shiv Copal Mishra, General Secretary. AIRF.
Com. Rahal Dasgupta, President. AIRF.
Com. S.K. Vyas, Advisor, Confederation of CGE and Workers.
Corn KKN. Kutty, President. Confederation of CGE and Workers
Com. Srikumar, General Secretary. All lndia Defence Employees Federation.

After the introduction of the members of both official and staff side. the Action taken Statement placed by the official Side of the meeting held on 4.2.2014 was taken up for discussion

1. Abnormal delay in the issue of revised PPO to Pre 2007 pensioners/family pensioners.
It was reported that about 26000 PPO of pre 1990 and 10.000 cases of pre-2006 retirees are still awaiting the issuance of revised PPO. It was reported that the main reason for the delay is the non availability of records in the case of pensioners. The Staff side demanded the supply of Department wise break up of the figures to enable them to take up the issue with the concerned department. This was agreed to. The Staff side further stated that the issue should not be viewed from the statistics angle and the official side must appreciate that in the case of pre 1990 cases. the pension remains unrevised for about 20 to 25 years. It may be that some of the retires/family pensioners might have expired during this period. The staff side also requested the official side to appreciate the agony and difficulties of these pensioners. The lack of availability of records should not be taken as an excuse. After some further discussion, it was agreed that by the end of 2014, all pending cases would be cleared. In the case of Railways, the pendency is about 25000 and in the case of Defence the reported figure was 85,000. It was however noted that serious efforts have been made by both the Ministries to bring down the number of pending cases drastically.

2. Revision of commutation table.
The proposal of the official side was to refer the matter to the 7th CPC. which the start Side objected as unreasonable and bereft of any purpose The Staff Side pointed out that the 6th CPC had devised the new commutation table whereby the commutation benefit had been drastically reduced. When there had been a reduction in the commutation benefit, the tenancy period of commutation ought to have been reduced. The 6th CPC has gone on records to state that the period must remain 15 years as there will have to be sufficient room for cross subsidisation. The Staff Side pointed out that when the commutation time was fixed at 15 years long time back, the mortality rate was much higher than it was today and there, there had been no justification for the recommendations made by the 6th CPC. They also pointed out that the official side in an earlier meeting had agreed to refer the matter to an expert committee and subject their recommendation to discussion with the Staff Side. The 6th CPC was not an expert body on this matter and they had to depend upon a professional agency. The Staff Side for this reason objected to the Official Side proposal. The Chairman, after due consideration wanted the Finance Ministry to appoint an expert committee and refer the issue to that committee to consider the demand in the light of the interest rate, morality rate, life expectancy etc.

3. Equitable gratuity under Rule 50 of Pension Rules.
The suggestion made by the Staff Side was to change the slab system by introducing a slab upto 11 years and another upto 20 years. Taking into account the fact that the last slab system was introduced on the basis of the recommendations of the 5th CPC. the issue might be referred to the 7th CPC. The Department of Pension has already referred the same to the 7th CPC and the Staff side has been assured to be supplied with a copy thereof.

NEW ITEMS:
(A) Increase in Family Pension:
The demand of the Staff Side was agreed to be specifically referred to the 7th CPC.

(B) Cashless and hassle- free treatment in recognised hospital.
The Official side agreed to ensure that the pensioners are not put to any difficulty in the matter by the recognised hospitals. When the stafi’ side pointed out that the Health Ministry had not been paying the dues to the recognised hospital and that has led to the denial of cashless facility, the Health Ministry denied the same. The Staff side wanted the Health Ministry officials to immediately convene a meeting as the last meeting has been held more two years back. The Health Ministry has decided to look into the matter and explore the possibility of convening such a meeting within a month’s time.

(c) Finalisation of family pension cases within a specified period.
The official side pointed out that the procedure has been simplified and liberalised. The Staff Side pointed out that the delay is caused more by the attitude than on any factual deficiency. They. therefore. suggested for the introduction of a provisional family pension scheme as is the case with the pension for those who face inquiry proceedings They suggested the grant of 75% of the family pension immediately on receipt of application and the rest after the scrutiny of the claim. They also asked for a time frame for finalisation of the claim in as much as the applications must be disposed of within three months.

The meeting was concluded with a vote of thanks to the Chair.

Source: www.scm-bps.blogspot.in
[http://scm-bps.blogspot.in/2014/10/jcmpension-matters.html]

Pre 2006 Pensioner’s Arrears from 01.01.2006: Law Ministry’s advise to DoP & PW

Pre 2006 Pensioner’s Arrears from 01.01.2006: Law Ministry’s advise to DoP & PW

Ministry of Law & Justice
Department of Legal Affairs

Dy. No.1295/LS/2014
F. No. 38/77-A/09-P&PW (Vol.II)

D/o Pension & Pensioners Welfare has referred this file to examine on the following issues:


(i) The Curative Petition filed in respect of OA No. 655/2010WP(C) No. 1535/2012/SLP (c) No. 23055/2013/Review Petition No. 2492/13 has been dismissed by a Five Member Bench of the Hon’ble Supreme Court headed by Chief Justice of India. Therefore, we may implement the CAT/High-Court order in respect of petitioners only subject to acceptance of this option by the CAT, Principal Bench in the pending Contempt Petition. The implementation of CAT order will be subject to the clarification sought from the CAT and mentioned in Para 2 above.

(ii) We may implement the CAT order in respect of all pre-2006 pensioners subject to the final outcome of the pending SLP No. 36148-50/2013.

(iii) Although the Curative Petition has been dismissed. we may await the outcome of SLP No. 36148-50/2013 before deciding on the question of implementation of CAT order, subject to acceptance of this option by the CAT, Principal Bench in the pending Contempt Petition.

2. It is the case of Department of Pension that the order dated 1/11/2011 (Flag B) passed by CAT in OA No.655/2010 in the case of Central Government SAG Pensioners’ Association v/s UOI and Ors. had acquired its finality consequent to dismissal of Writ Petition (C) No.1535/2012 titled as Union of India and Anr. v/s Central Government SAG Pensioners’ Association and Ors. by the High Court vide its order dated 29/412013 (Flag F). dismissal of SLP No.23055/2013 by the Apex Court on 29/7/2013 (Flag G). dismissal of Review Petition No.2492/2013 by the Apex Court on 12/11/2013 and dismissal of Curative Petition (C) No.126/2013 by the Apex Court vide its order dated 30/4/2014 (Flag K). In these circumstances it is stated that order of tribunal passed in OA No.655/2010 in the case of Central Government SAG Pensioners’ Association (SUPRA) acquires its finality. It is also mentioned in the reference note that a Contempt Petition for implementation of CAT order dated 1/11/2011 is pending before the tribunal and is fixed for 15/5/2014.

3. In other matters wherein the Deprtment have filed SLPs before the Apex Court against the orders of the tribunal and the High Court and those SLPs are still pending and the Hon’ble Supreme Court had recorded the statement given by the Counsel of Respondents that ‘they shall not precipitate the matter by filing contempt proceedings either before the High Court or before the Tribunal’ in its order dated 19/11/2013 (Flag I). In these circumstances there is no possibility for filing any contempt against the Department.

4. Having exhausted all the possible available remedies. the Govt. is left with no other alternative but to implement the order passed by the CAT, which has been upheld by the highest Court of the land. In so far as the pending SLPs are concerned, there may not be any objection in awaiting the final outcome of the cases before taking a final decision.

May kindly see.
(R.S. Verrma)
Deputy Legal Adviser
08.05.2014

JS & LA (Shri. D. Bhardwaj)

Source: www.scm-bps.blogspot.in
[http://scm-bps.blogspot.in/2014/10/law-ministry-never-advised-dop-pw-to.html]

Monday, 6 October 2014

Central Government Employees Participate in Nationwide Cleaning Programme of Offices, Schools, Railway Stations

Central Government Employees Participate in Nationwide Cleaning Programme of Offices, Schools, Railway Stations

Foundation was laid today to Prime Minister Narendra Modi’s ambitious ‘Swachh Bharat’ campaign, which he had announced during his Independence Day speech. All over the country, at the same time, government offices, schools, and railway stations were cleaned as part of this programme. Central Government employees and school students participated in it. The scheme will continue for the next five years.

After taking charge as Prime Minister, as part of his social welfare plans, Narendra Modi has been inviting people’s opinion on various issues through the internet. During his Independence Day speech, he sought for their opinion on removing the current commissions and setting up of new organizations. Opinion was also sought on the Clean India campaign.

Cleaning up the country is one of his ambitious dreams. If India becomes clean, it would easily be among the top 50 tourist destinations of the world. He believes that India could be transformed into an example for other countries to emulate. By giving importance to cleanliness and civic amenities, he believes that in addition to encouraging tourism, it would also bring in economic development. These were the reasons for his launching the ‘Swachh Bharat’ campaign’.

The grand scheme was launched today, on the occasion of Gandhi Jayanti, all across the country. Narendra Modi personally launched the campaign at Delhi’s Valmiki Basti. Campaign to clean up the road outside the house where Gandhiji lived has also started. Modi picked up the broom and began sweeping the area. Following him, other officials and ministers too picked up the brooms and began cleaning up. More than 31 lakh Central Government employees all over the country participated in the ‘Swachh Bharat’ campaign. They also took the pledge to clean up the nation. It was also announced that awareness campaigns will also be conducted simultaneously.


Prime Minister Modi has said that the scheme could be successfully implemented by cleaning up the residences, work places, roads, bus stands, railway stations and water bodies. Early in the morning, he paid a visit to Rajghat memorial to offer his respects to Gandhiji. Modi requested the participation of all Indians to clean up the country.

Source: CG Staff News

Why are ex-servicemen disillusioned with successive governments?

Why are ex-servicemen disillusioned with successive govts?

Ex-servicemen have protested to PM Modi that his government too has failed to fulfil the promise of ‘one rank, one pension’ –OROP that was part of his party’s poll campaign and a definite promise to our veteran soldiers. Embarrassingly, for the BJP government, ex-servicemen plan a rally to ask why this government has yet to issue an order demand OROP

The long-standing demand of ex-servicemen for ‘one rank, one pension’ (OROP) was accepted by the Indian government in February 2014 with the then Finance Minister P Chidambaram making an announcement in this regard in the Interim Budget. The next government led by Narendra Modi too accepted the demand for OROP in the Parliament. While both the governments stated that ‘money or funding is not an issue’, there still is no order issued for implementing OROP.

“The Defence Veteran community is disillusioned with the National Democratic Alliance (NDA) government, and particularly with Prime Minister Modi. We believed Modi to be a man of his word and commitment, and would implement the OROP. Remember, OROP was agreed to not only by the United Progressive Alliance (UPA) government, but also by Modi-led NDA government. The issue was discussed in two successive budgets, with government promising of providing funds (Paison ki Problem Nahin Hai) needed, on the floor of Parliament. However, it is with a sense of betrayal that the Veteran Community still awaits implementation orders for OROP, despite passage of over six months of its passage in Parliament,” Cdr Ravindra Waman Pathak (Retd).

India’s defence budget is in the region of $46 billion or about Rs3 lakh crore. The OROP would cost 1.3% or Rs4,000 crore of the defence budget. China’s defence budget size is $126 billion i.e. more than Rs8 lakh crore. Manpower wise, India has 13.25 lakh active military personnel and 21.43 lakh active reserves compared with China’s 22.85 lakh active military personnel and 23 lakh active reserves.

Cdr Pathak is also member of the Governing Body and Pension Cell of Indian Ex Servicemen Movement. He said, “If the implementation orders are not yet out, we wonder when the money would land up in one’s bank account, given the snail’s pace of the Controller General of Defence Accounts, working leisurely under the Ministry of Defence. How many more aging veterans would pass on/ die, before seeing their dues in their Bank?”

Indian Ex-Servicemen Movement (IESM) is also organising a rally at Nagpur on 12 October 2014, to express their disappointment with the Government’s delay.

Earlier in February 2014, slamming the “delay” by UPA in granting ‘one-rank, one-pension’ for ex-servicemen, Narendra Modi had accused Congress of playing “fraud” with the armed forces. “The government, which is sitting in Delhi has always been playing a farce with the Armed Forces. Before this also, a number of times, the Finance Minister of Congress had made announcements about One Rank One Pension (OROP) but never fulfilled it. Even this time since I am repeatedly talking about it, they have announced it but this is a “fraud” (dhokha) with you. Had Congress party been honest, they had the chance to it in 10 budgets from 2004 to 2014. But they did not do it,” Modi had said.

The ‘deeply hurt, bruised and wounded conscience of ex-servicemen of India’s Armed Forces’, expressed their anguish towards the bureaucracy, which they feel is responsible for the step-motherly treatment meted out to defense forces. The veterans, in an letter sent to PM Modi, say, “It is this specially empowered bureaucracy which, without even a shred of any commensurate knowledge, over the past 67 years, has mastered and honed the craft of repeatedly hurting the pride and morale of the soldiers’ justify from the Chiefs to the sepoy. ‘Jai Jawan’ is handy only at crunch time or prior to elections, where after the Armed Forces are routinely relegated to the status of a ‘necessary evil’ type heavy baggage that the nation, perforce, has to be burdened with. This bureaucracy has been successful in contouring the political thought process in the same mould.”

“In sheer desperation, post numerous appeals to the political leadership, they (the defense veterans) collected at Jantar Mantar, the newly baptized Mecca of protests, to, virtually, beg for One Rank One Pension -OROP. This was seen in the same light as any other ‘rag tag’ event of Indian street protests. No one listened to them and none cared. Now, more confused, they returned their medals to the President of India, the supreme commander of the Indian Armed Forces. These medals, which they were decorated with during their uniformed tenures, were symbols of their selfless service, dignity, valour and pride. Not one word from the supreme commander. Some pension increase was doled out about a year ago, again, in the name of OROP but miles off the target. Actual OROP was a resounding NO by the bureaucrats and, consequently, the government. The beleaguered lot appealed to the courts for various acts of omissions. However, their legitimate arrears, despite having been ordered for payment, by the courts, continue to be denied by the government whose attorneys are filing away plea after repeated plea to reverse or stall these orders against the normal alibi of ‘what about civilians’?,” they said.

“Then, came the first budget of the new government. The Finance Minister, also doubling as the Defence Minister, presented his budget to an over- expectant nation that wanted to hear the loud echoes of your election rallies in the financial roadmap to India’s ‘achhe din’. What came out was, mostly, routine and safe bets, as if all your ‘bold steps to be taken’ had been hijacked, once again and obviously, by the bureaucrats. The FM did proclaim sanctioning of the OROP, finally, with a layout of Rs1,000 crore. This was not even one fourth of the requisite amount. Thus, the UPA II’s gambit was almost repeated. This was stunning, unbelievable but true. Again, no formal government orders about the implementation.”

“Parting with this miniscule component of GDP for OROP will not only rebuild pride and morale of this vital and national human resource but will send a positive signal to the entire edifice of Indian armed forces which is required to remain rock solid for the non-negotiable unity and integrity of India. Lastly, I wish to submit that if you think that OROP would severely dent India’s economy and the ‘steel frame’, please inform the ESMs in clear terms and as a finality. At least they would start breathing and stop chasing an Indian mirage,” the letter sent to PM Modi said.

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