Court orders against Government of India instructions on service matters – Dopt orders on 16.3.2016

Court orders against Government of India instructions on service matters – Dopt orders on 16.3.2016

Court orders against Government of India instructions on service matters-consultation with Ministry of Law and Department of Personnel and Training on question of filing appeals.

F.No.28027/1/2016-Estt.A-III

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

Establishment Division

North Block, New Delhi-110001

Dated: 16th March, 2016

OFFICE MEMORANDUM

Subject: Court orders against Government of India instructions on service matters-consultation with Ministry of Law and Department of Personnel and Training on question of filing appeals.

The undersigned is directed to refer to this Department’s O.M.No.28027/9/99- Estt.(A) dated 1st May, 2000 on the above subject ( copy enclosed) and to say that the Department of Personnel and Training is the nodal Department that formulates policies on service matters and issues instructions from time to time. These instructions are to be followed by the Ministries/ Departments of the Central Government scrupulously. All the Court cases filed by employees have to be defended on the basis of the facts available with the Administrative Ministry/Department concerned, keeping in view the instructions issued on the subject by this Department.

2. Reference is also invited to the Cabinet Secretariat’s D.0 letter No. 6/1/1/94-Cab dated 25.02.1994 and the Department of Expenditure’s O.M. No. 7(8)/2012-E-II(A) dated 16.05.2012 inter-alia provide that (i) a common counter reply should be filed before a Court of Law on behalf of the Union of India by the concerned administrative Department/ Ministry where the petitioner is serving or has last served; and (ii) a unified stand should be adopted instead of bringing out each Department’s/Ministry’s point of view in the said reply. It further provides that it is primarily the responsibility of the Administrative Ministry to ensure that timely action is taken at each stage a Court case goes through and that a unified stand is adopted on behalf of Government of India at every such stage. In no case should the litigation be allowed to prolong to the extent that it results in contempt proceedings.

3. However, it is noticed that the Ministries/Departments are making several references to this Department seeking interpretation of the guidelines without exercising due diligence. The Ministries/Departments are advised not to make any references to this Department unless there are difficulties relating to interpretation/application of these guidelines or any relaxation in Rules/instructions is warranted to mitigate a genuine hardship faced the Government servant. While seeking advice of this Department, instructions contained in this Department’s O.M. number 43011/9/2014-Estt (D) dated 28.10.2015 may be followed.

4. The court cases may be further handled in the following manner:-

Court orders against Government of India instructions on service matters-consultation with Ministry of Law and DoP&T on the question of filing appeals, before implementation of Court’s orders

Authority: www.persmin.gov.in

Linking of CGHS Card number with Aadhaar is purely on a voluntary basis

Linking of CGHS Card number with Aadhaar is purely on a voluntary basis

The below information was given in written reply to a question about the linking between CGHS card and Aadhaar by the Minister of Health and Family Welfare Shri Jagat Prakash Nadda in Lok Sabha on 11th March 2016 as follows…

"Ministry of Health and Family Welfare has issued an Office Memorandum No. Z-15025/11/201-DIR CGHS dated the 10th July 2015 requesting the Ministries/Departments concerned to motivate their employees availing CGHS to link their Aadhaar Numbers with the CGHS database either online themselves through the CGHS portal or through the CMO-in-charge of their dispensary.

Central Government employees/pensioners applying for new CGHS cards/new plastic cards have the option to provide Aadhaar Number for entering the number in CGHS database.

Linking of CGHS beneficiary ID number with Aadhaar number is purely on a voluntary basis.

Linkage of Aadhaar number with CGHS ID will facilitate consolidation of all health-related data bases and enable more convenient access to various E-services in the future. "

OROP Arrears is expected to be released by March end to family pensioners

Revised Pensionary benefits under OROP released to over Two Lakh Defence Pensioners

The Defence Pension Disbursing Offices (DPDOs) functioning under Controller General of Defence Accounts (CGDA) in the Ministry of Defence have released revised pensionary benefits to 2,21,224 Defence pensioners drawing service/disability pension. The amount along with first instalment of arrears had been released and credited by the Defence Ministry to the accounts of these pensioners on 01.03.2016.

In the case of remaining 1,46,335 family pensioners drawing pension from Departmental Pension Drawing Officers (DPDOs), payment along with arrears is expected to be released by March end. Banks are under process of revision work.

These steps are a follow-up to Department of Ex-Servicemen Welfare (ESW) of the Ministry of Defence’s notification on 07.11.2015 ordering implementation of One Rank One Pension (OROP) scheme for Defence pensioners.

The total additional annual financial increase for grant of One Rank One Pension (OROP) is Rs. 7488.70 crores. The total amount on account of arrears to be paid for the period 1.7.2014 to 31.12.2015 is Rs. 10925.11 crores.

Out of total annual liability of Rs. 7488.70 crores, PBOR family pensioners shall get Rs. 6,405.59 crores, which works out to 85.5% of total expenditure of OROP.

Due to increase in defence pension budget, the additional liability for current financial year 2015-16 shall be Rs. 4,721.34 crores which will increase the current defence pension liability of Rs. 60,238 crores to Rs. 64,959.34 crores for the year 2015-16.

Detailed implementation orders of OROP with 101 tables containing revised pensions of different ranks and categories were issued by the Department of ESW on 03.02.2016 through their website www.desw.gov.in. According to the orders, the Pension Disbursing Agencies have been authorized to make payments with arrears as scheduled.

To facilitate the pension disbursing agencies, the Principal Controller of Defence Accounts (P) have also issued implementation instructions through a circular on 04.02.2016. The implementation instructions along with Government orders are available on the website www.pcdapension.nic.in.

Source: PIB News

Ration Money Allowance should be exempt from Income Tax – 7th CPC Report

Ration Money Allowance should be exempt from Income Tax – 7th CPC Report

Ration Money Allowance (RMA) : Ration Money Allowance (RMA) is paid to all personnel of Defence forces and nongazetted personnel of CAPFs, Delhi Police, IB, A&N police and such personnel of Indian Reserve Battalions (IRBn) as are posted in Andaman and Nicobar Islands and don’t dine in the mess. The existing rate of this allowance is ?95.52 per day for Non-Gazetted personnel and Rs.79.93 per day for Gazetted personnel.

There are demands to extend RMA to gazetted officers of CAPFs in line with Defence forces. Demands have also been received from some CAPFs that RMA should be exempted from the purview of income tax.

Analysis and Recommendations : Ration Money Allowance is revised periodically by Ministry of Defence and Ministry of Home for their personnel. Hence, it is proposed that status quo be maintained regarding the rates of this allowance.

However, regarding the admissibility of RMA, PBORs of CAPFs and Indian Coast Guard should be eligible to draw RMA irrespective of the place of posting (except when in receipt of the Detachment Allowance). Presently, officers of SSB who are posted in field areas at altitudes of less than 7000 feet are not eligible for RMA. This restriction of 7000 feet should be removed.

Regarding income tax exemption of RMA, the Commission, as part of its general approach, has refrained from making recommendations involving income tax. However, looking into the unique service conditions of CAPFs, the Commission is of the view that since RMA is granted in lieu of free rations, it should be exempt from income tax.

It is further recommended that the provision of free rations and the grant of Ration Money Allowance to officers of Defence forces posted in peace areas should be withdrawn.

7th CPC Report - Equal Pay for Equal Work

Equal Pay for Equal Work – 7th CPC Report

“Equal Pay for Equal Work  – Pay Matrix addresses these issues as well”

One recurrent theme in the representations of various associations relates to ‘equity’ or ‘Equal Pay for Equal Work.’

Ideally, the remuneration package should establish horizontal equity: employees should feel that their pay is comparable with the remuneration structure of similarly placed positions outside their organization. The employees should also feel that the pay structure shows linear progression pattern and thus the notion of vertical equity is also maintained.

The Pay Matrix addresses these issues as well. The Commission has designed the pay structure in such a manner that the pay progression recognises the importance of vertical relativities and also assigns a reasonable basis to such progression. This has been done by assigning a uniform fitment factor of 2.57.

The Commission feels that there is strong need to create a culture of performance in government – from establishing standards of performance, to measuring, and promoting people based on performance. To emphasize on the culture of performance, the Commission has recommended that all the non-performers in the system should be phased out after 20 years.

The Commission has recommended that Performance Related Pay should be introduced in the government and that all Bonus payments should necessarily be linked with productivity.

The various Central Services have contended that this edge given to the IAS and the IFS is iniquitous and violates the principle of ‘equal pay for equal work.’

They have pointed out that the Civil Services Examination (CSE) conducted by the UPSC is an examination that is common for recruitment to around 18 Group `A’ Services and that the choice of Service exercised by the candidates is based upon very many factors. It is not necessary that only the top-most go to the IAS. It has also been pointed out that officers of most of the Services are,

in their early years, posted to small places and are subjected to many transfers. Therefore, the grant of the edge is seen as unfair.

Analysis and Recommendations : This Commission has studied the entire issue and deliberated in detail on the issue in the Chapter 7.2. The Chairman has sought not only to retain the two increment edge within the proposed pay matrix for the IAS and Indian Foreign Service but also extended it to the Indian Police Service and the Indian Forest Service. Shri Vivek Rae, Member, Seventh CPC is not in agreement with extension of the edge in pay to the IPS and IFoS. Dr.Rathin Roy, Member, Seventh CPC is not in agreement with the concept of an edge in pay.