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Saturday, 30 November 2019

Date of next increment under Rule 10 of the CCS RP Rules, 2016 – DoE

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MACP


Date of next increment under Rule 10 of the CCS RP Rules, 2016 – DoE

The undersigned is directed to invite the attention to Rule 10 of the CCS (RP) Rules, 2016 which provides for the entitlement of employees for drawal of annual increment either on 1st January or 1st July depending on the date of appointment, promotion or grant of financial upgrdation. The Sub-Rule (2) thereof provides that increment in respect of an employee appointed or promoted or granted financial up-gradation including up-gradation under Modified Assured Carrier Progression Scheme (MACPS) during the period between the 2nd day of January and 1st day of July (both inclusive) shall be granted on 1st day of January and the increment in respect of an employee appointed or promoted or granted financial up-gradation under MACPS during the period between the 2nd day of July and 1st day of January (both inclusive) shall be granted on 1st day of July.

Also check:Pay Fixation on Promotion or MACP in 7th CPC – Option Calculation with illustrations

2. A number of references were received in the Ministry of Finance seeking clarifications regarding drawal of next increment by the employees promoted on 1st July, 2016. On consideration of the matter, Department of Expenditure vide it’s Office Memorandum of even number dated 31.07.2018 has clarified that in case an employee is promoted or granted financial up-gradation including up-gradation under the MACP scheme on 1st January or 1st July, where the pay is fixed in the Level applicable to the post on which promotion is made in accordance with the Rule 13 of the CCS (RP) Rules, 2016, the first increment in the Level applicable to the post on which promotion is made shall accrue on the following 1st July or 1st January, as the case may be, provided a period of 6 months qualifying service is strictly fulfilled. The next increment thereafter shall, however, accrue only after completion of one year.

3. Consequent upon issue of Office Memorandum dated 31.07.2018 different Ministries/ Departments have sought clarification on applicability of DOE’s O.M dated 31.07.2018 keeping in view the provisions of Rule 10 of CCS (RP) Rules 2016 , Rule 22(I)(a)(1) of Fundamental Rules & provisions of Stepping up of pay. The issues on which various Ministries/Departments have sought clarifications and decisions thereon are brought in the succeeding paragraphs.

    "Issue No. 1: Whether after promotion on 1st July and fixation of pay with two increments the date of next increment will be 1st January or 1st July"

4. During the regime of 6th CPC, when the annual increment was admissible uniformly on 1st July every year, employees completing 6 months and above in the revised pay structure as on 1st July were eligible for grant of increment. In the 7th CPC regime there are two dates of increments 1st January and 1st July. Keeping in view the spirit of 6th CPC, O.M dated 31.07.2018 was issued providing for accrual of next increment on 1st July/1st January in respect of employees getting promotion on 1st January/1st July provided 6 months qualifying service is strictly fulfilled.

5. The instructions contained in the O.M. dated 31.07.2018 are self-explanatory in respect of the cases of promotion/ financial up-gradation falling on 1st July or Pt January. These instructions provide that in case of promotion/financial up-gradation on 1st July and 1st January and getting fixation of pay in the Level applicable to the post in which promotion is made in accordance with Rule 13 of the CCS (RP) Rules 2016, the first increment in the level in which promotion is made shall accrue on the following 1st January or 1st July, as the case may be, provided a period of 6 months’ qualifying service is fulfilled.

    "Issue No.2: Accrual of next increment in case of regular promotion /financial up-gradation of an employee on any date other than the date of annual increment and option for pay fixation is exercised under FR 22(I)(a)(1)."

6. The opportunity to exercise of option for pay fixation under FR 22(I)(a)(1) is available to employees in case of promotion/financial up-gradation. Therefore, the Central Government Employee promoted on regular basis/granted financial up-gradation on any date other than the date of his/her annual increment in lower grade and exercises the option under FR 22(I)(a)(1) read with Department of Personnel & Training’s OM No.13/02/2017-Estt.(Pay-I) dated 27.07.2017 for fixation of pay from the date of accrual of next increment in the scale of pay in lower grade, he may be allowed the 1st increment in promotional grade on 1st January/ 1st July as the case may be after completion of 6 months’ qualifying service after such fixation on 1st July/1st January (i.e., the date of increment in lower grade) on the analogy of Department of Expenditure’s OM dated 31.07.2018. The next increment, thereafter, shall however, accrue only after completion of one year.

7. Since there is material change, it has also been approved that the employees who have been regularly promoted or granted financial up-gradation on or after 01.01.2016 and desire to exercise/re-exercise option for pay fixation under FR22(I)(a)(1) shall be given an opportunity to exercise or re-exercise of the option there under. Such an option shall be exercised within one month of issue of this O.M.

8. These instructions will be applicable with effect from 01.01.2016.

9. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.

10. Hindi version of these orders is attached.

(B.K.Manthan)
Deputy Secretary to the Government of India

Date of next increment under Rule 10 of the CCS RP Rules, 2016 – DoE

AICPIN for October 2019

Babloo - 04:36:00
AICPIN for October 2019

No. 5/1/2019-CPI
GOVERNMENT OF INDIA
MINISTRY OF LABOUR & EMPLOYMENT
LABOUR BUREAU

CLEREMONT’, SHIMLA-171004
DATED: 29th November, 2019

Press Release

Consumer Price Index for Industrial Workers (CPI-IW) – October, 2019

The All-India CPI-IW for October, 2019 increased by 3 points and pegged at 325 (three hundred and twenty five). On 1-month percentage change, it increased by (+) 0.93 per cent between September, 2019 and October, 2019 when compared with the increase of (+) 0.33 per cent for the corresponding months of last year.

Also check: Expected DA January 2020

The maximum upward pressure to the change in current index came from Food group contributing (+) 2.85 percentage points to the total change. At item level, Wheat, Wheat Atta, Goat Meat, Milk Buffalo, Milk Cow, Garlic, Onion, Brinjal, Cabbage, Cauliflower, Gourd, Lady’s Finger, Potato, Tomato, Torai, Cooking Gas, Electricity Charges, Medicine (Homeopathic), College Fee, Petrol, etc. are responsible for the increase in index. However, this increase was checked by Ginger, French Bean, Radish, Apple, Lemon, Orange, Bus Fare, Hair Oil, etc., putting downward pressure on the index.

The year-on-year inflation based on CPI-IW stood’ at 7.62 per cent for October, 2019 as compared to 6.98 per cent for the previous month and 5.23 per cent during the corresponding month of the previous year. Similarly, the Food inflation stood at 8.60 per cent against 7.05 per cent of the previous month and (-) 0.95 per cent during the corresponding month of the previous year.

At centre level Varanasi and Jamshedpur observed the maximum increase of 12 points each followed by Munger-Jamalpur and Chhindwara (11 points each) and Jabalpur (9 points). Among others, 8 points increase was observed in 2 centres, 7 points in 4 centres, 6 points in 4 centres, 5 points in 12 centres, 4 points in 6 centres, 3 points in 15 centres, 2 points in 11 centres and 1 point in 10 centres. On the contrary, Goa recorded a maximum decrease of 4 points followed by Tiruchirapally, Ajmer and Delhi (2 points each). Rest of the 5 centres’ indices remained stationary.

The indices of 32 centres are above All-India Index and 44 centres’ indices are below national average. The indices of Ernakulam and Warrangal centres remained at par with All-India Index.

The next issue of CPI-IW for the month of November, 2019 will be released on Tuesday, 31st December, 2019. The same will also be available on the office website www.labourbureaunew.gov.in.

Monday, 25 November 2019

Central Government Holidays 2020 in Kolkata offices

Babloo - 08:46:00

Central Government Holidays 2020 in Kolkata offices: CGEWCC Kolkata

Central Government Holidays 2020

List of Compulsory & Restricted Holidays for the year 2020 for Kolkata offices: CGEWCC Kolkata
OFFICE OF THE SECRETARY,
CENTRAL GOVERNMENT EMPLOYEES’ WELFARE CO-ORDINATION COMMITTEE,
KOLKATA
Aayakar Bhawan, 2nd floor,Room No.2/42,P-7,
Chowringhee Square, Kolkata-700069
NO. C.G.E.W.C.C./Kol/Holiday/2019-20/718
Dated: 17/09/2019
List of compulsory & restricted Holidays for the year 2020.
In accordance with the revised policy of the Govt.of India ( Ministry of Home Affairs, Deptt Of Personnel & Administrative Reforms), O.M.No.-9/37/82/JCA dated 11.11.1982,the working committee of the CGEWCC, Kolkata in its 116th meeting held on 17/09/2019 decided 3 (three) holidays local y (at S. Nol,2 & of para 3.1)in addition to 14 (fourteen) holidays fixed by the Ministry for the year 2020 vide F.No. 12/2/2019-JCA-2, Govt.of India, Ministry of Personnel,P.G. & Pensions, (Department of Personnel & Training), New Delhi,dated 18/06/2019. Thus the Central Govt. Offices coming under the purview of this committee who are doing “work of Secretariat Nature” will observe the under noted 17 ( Seventeen ) compulsory holidays for the Calendar year 2020 and further 2 (two) Restricted Holidays from the List of Restricted Holidays for the year 2020.

LIST OF COMPULSORY HOLIDAYS FOR THE YEAR 2020

Sl.No.Holidays & Connected FestivalsMonth & Date 2020 A.D.Days of Week
1.Republic DayJanuary, 26Sunday
2.Basant Panchami /Sri PanchamiJanuary, 30Thursday
3.HoloMarch, 10Tuesday
4.Mahavir JayantiAprl, 06Monday
s.Good FridayApril, 10Friday
6.Buddha PurnimaMay, 07Thursday
7.ld-UI·FltrMay, 25Monday
8.ld-Ut-Zuha (Bakrid)August, 01Saturday
9.Independence DayAugust, 15Saturday
10.MuharramAugust, 30Sunday
11.Mahatma Gandhi’s BirthdayOctober, 02Friday
12.Dussehra(Maha  Saptami)(Addional)October, 23Friday
13DussehraOctober, 25Sunday
14Milad-un-Nabi or Id-E-Milad (Birth Day  Prophet Mahammad)October. 30Friday
15.Diwali (Deepavali)November, 14Saturday
16.Guru Nanak’s BirthdayNovember, 30Monday
17.Christmas DayDecember, 25Friday
Note: Central Govt. Organizations, which include Industrial, Commercial & Training Establishment (I.e. other than doing work of Secretariat nature) would observe 16 holidays In a year out of which 3 namely, Republic Day, Independence and Mahatma Gandhi’s Birthday will be compulsory. The remaining Holidays / Occasions may be determined by such Establishment / Organizations themselves on year to year basis.
Also check: Holidays to be observed in Central Government Offices during the year 2020
In deciding whether a particular Department / Establishment / Organization an Industrial, Commercial or Trading Organizations (i.e. other than those doing work of Secretariat nature) the decision may be taken by the respective Ministry I Ministry of Home Affairs, New Delhi.
The date or Holidays for the Muslim Festivals may be changed on sighting of the Moon and decision to be taken by the CGEWCC, Kolkata based on the decision of the State Government in respect of ldu’I Fitr, ldu’I Zoha [Id -Uz-Zuha(Bakrld)], Muharram and Id -e -Milad

LIST OF RESTRICTED HOLIDAYS FOR THE YEAR 2020

S.No.HolidayDateDay
SAKA ERA 1942
1New Year’s DayJanuary, 01Wednesday
2Guru Gobind Singh’s BirthdayJanuary, 02Thursday
3LohriJanuary, 13Monday
4Makar Sankranti/ PongalJanuary, 15Wednesday
5PongalJanuary, 15Wednesday
6Netaji Subhash Chandra Bose’s birthdayJanuary, 23Thursday
7Guru Ravi Das’s BirthdayFebruary, 09Sunday
8Swami Dayananda Saraswati JayantiFebruary, 18Tuesday
9Shivaji JayantiFebruary, 19Wednesday
10Maha ShivaratriFebruary, 21Friday
11Holika Dahan/ DolyatraMarch, 09Monday
12Hazarat Ali’s BirthdayMarch, 09Monday
SAKA ERA 1942
13Chaitra Sukladi / Gudi Padava/ Ugadi / Cheti ChandMarch, 25Wednesday
14Easter SundayApril, 12Sunday
15Vaisakhi/ VishuApril, 13Monday
16Mesadi/ Vaisakhadi (Bengal) / Bahag Bihu (Assam)April, 14Tuesday
17Guru Rabindranath’s BirthdayMay, 08Friday
18Jamat-ul-VidaMay, 22Friday
19Rath YatraJune, 23Tuesday
20Raksha BandhanAugust, 03Monday
21Janmashtami (Smarta)August, 11Tuesday
22Parsi New Year’s day/ NaurajAugust, 16Sunday
23Vinayaka Chaturthi/ Ganesh ChaturthiAugust, 22Saturday
24Onam or Thiru Onam DayAugust, 31Monday
25Dussehra (Maha Ashtami) (Maha Navmi)(Additional)October, 24Saturday
26Vijay Dashmi (Bengal, Kerala)October, 26Monday
27Maharishi Valmiki’s BirthdayOctober, 31Saturday
28Karaka Chaturthi (Karwa Chouth)November, 04Wednesday
29Naraka ChaturdasiNovember, 14Saturday
30Govardhan PujaNovember, 15Sunday
31Bhai DujNovember, 16Monday
32Pratihar Shashthi or Surya Shashthi (Chhath Puja)November, 20Friday ·
33Guru Teg Bahadur’s Martyrdom DayNovember, 24Tuesday
34Christmas EveDecember, 24Thursday

(BISHNUPADA MONDAL)
SECRETARY
CENTRAL GOVT. EMPLOYEES’ WELFARE
CO-ORDINATION COMMITEE, KOLKATA
Download the Order

Central Government Holidays 2020 in Kolkata offices

Thursday, 21 November 2019

Central government employees representation on their service matters – CGA

Babloo - 04:49:00
Central government employees representation on their service matters – CGA

No.CDN/ MF.CGA/ CPGRAM/ 2019/ 378
Ministry of Finance
Department of Expenditure,
Controller General of Accounts

Mahalekha Niyantrak Bhawan
Block-E, GPO Complex, INA, New Delhi.
Dated 19th November, 2019

Office Memorandum

Representation from government servant on service matters.

Attention is invited to the instructions issued by DoPT from time to time on submission of representations by government servant on their service matters. In spite of these instructions, it has been observed that employees of this organisation or their relatives are frequently submitting the representations to Prime Minister/ Minister/Secretary directly for seeking redressal of their grievances. It is clarified that it would include all forms of communication through e-mails or public grievance portal etc. If a government servant wishes to seek redressal of a grievance, the proper course is to address his immediate official superior, or Head of Office, or such other authority at the appropriate level who is competent to deal with the matter in the organisation.

Also check: Important matter of the service period, affecting the Central Government Employees

Attention is also invited to the provision of Rule 20 of CCS( Conduct) Rules, 1964 prohibiting Government servants from bringing outside influence in respect of matter pertaining to his service matters. Violation of these instructions may be treated as unbecoming conduct on the part of government servant and may attract the provision of Rule 3(1) (iii) of CCS(Conduct) Rules, 1964.

Therefore, all. Pr.CCAs/CCAs/CAs (with independent charges) are requested that these instructions may be brought to the notice of all government servants working under their administrative control. Violation of the instructions may led to disciplinary action against the government servant under relevant rules.

This issues with the approval of Controller General of Accounts

(Dr. Richa Pandey)
Asstt. Controller General of Accounts

Download the order

Central government employees representation on their service matters – CGA

Wednesday, 20 November 2019

Ignore the promotion received for MACP purposes by the post bearing the same Grade Pay

Babloo - 08:33:00

MACP CAT Chandigarh

Ignore the promotion received for MACP purposes by the post bearing the same Grade Pay

MACP-Promotion-Grade-Pay-CAT-Chandigarh-judgement


CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
OA. 063/00687/2018
MA No. 063/00460/2019
Reserved on : 24.09.2019
Pronounced on: 14.11.2019
HON’BLE MR. SANJEEV KAUSHIK, MEMBER(J)
HON’BLE MR. A.K. BISHNOI , MEMBER(A)
  1. Shalini Naagi wife of Sh. Suraj Prakash, aged 49 years r/o H. No. 261, Gurdev Nagar, Zirkpur, Distt. Mohali (Pb) Office Superintendent, (Group ‘B’ Non Gazetted), Office of Additional Surveyor General, Northern Zone, Survey of India, Chandigarh.
  2. Satbir Singh son of Sh. Surjan Singh, aged 59 years, r/o H. No. 565, Sector 32-A, Chandigarh, Office Superintendent, (Group „B‟ Non-Gazetted) Office of Director HP GDC, Survey of India, Chandigarh.
  3. Habib Ahmad Siddiqui son of Late Sh. N.M. Siddiqui, aged 59 years r/o H. No. 603/B, Sector 32- A, Chandigarh, Office Superintendent, (Group „B‟ Non Gazetted) Office of Director Punjab, Haryana and Chandigarh GDC, Survey of India, Chandigarh.
…APPLICANTS
(Through Shri R.C. Sharma, Advocate)
VERSUS
  1. Union of India, through Secretary to Government of India,Ministry of Science and Technology, New Mehrauli Road, Block C, Admin, New Delhi-110 016.
  2. The Surveyor General of India, Hathibarkala Estate, Dehradun, Uttrakhand.
  3. The Additional Surveyor General, Northern Zone, Survey of India, Sector 32-A, Chandigarh.
  4. Director, Punjab, Haryana and Chandigarh GDC, Survey of India, Sector 32-A, Chandigarh.
  5. Director, Himachal Pradesh GDC, Survey of India, Sector 32-A, Chandigarh.
…….RESPONDENTS
(Through Shri K.K. Thakur, Advocate)

ORDER

MR. A.K. BISHNOI, MEMBER (A):

The applicants have filed the present Original Application seeking the following reliefs:
“It is respectfully prayed that in view of the submissions made above this Hon’ble Tribunal may be pleased to set aside the impugned letters/ orders impugned communications/letters dated 22.05.2017 of the Respondent No.1 (Annexure A-6) and impugned letters dated 09.06.2017 and 01.12.2017 of the respondent number 2 (Annexure A-7 and A-8) effecting reversal and cancellation of the benefit of MACP granted to the applicants.”

Also check: IMPLEMENTATION OF HONARABLE SUPREME COURT ORDER ON MACP SCHEME

2. Briefly, the facts of the case are as follows:

2.1 On implementation of Sixth Central Pay Commission (CPC) with effect from 01.01.2006, both the posts of Assistant and Office Superintendent (OS) were merged and assigned the same pay band and grade pay i.e. Pay Band of Rs. 9300-34800 (PB 2) with Grade Pay of Rs. 4200/-. On 15.06.2009, MACP Scheme was notified requiring financial upgradation on completion of 10, 20 and 30 years of service or 10 years of service in same grade pay.

2.2 The applicants were granted third MACP with effect from 30.07.2014, 27.09.2013 and 16.12.2012 vide letters dated 28.07.2014, 03.03.2014 and 03.01.2013 respectively on completion of 30 years of service and on remaining in the same grade pay for ten years. Some persons junior to the applicants who had not been promoted, were granted the benefit of third MACP with Grade Pay of Rs.4600/-. The applicants continued to receive pay and allowances on the basis of pay fixed after grant of MACP. However, through communication dated 22.05.2017, it was informed by respondent no.1 to respondent no.2 that MACP was not admissible to the applicants as the promotion from the post of Assistant to OS cannot be ignored for this purpose.

2.3 Subsequently, vide orders dated 09.06.2017 and 01.12.2017 (Annexures A-7 and A-8), the grant of MACP to the applicants was reversed. The applicants thereafter submitted representations to reconsider the decision of reducing the grade pay (Annexures A-9, A-10 and A-11) but no relief was granted by the respondents. Applicants have relied on the judgment rendered by the Hon‟ble Delhi High Court in Government of NCT of Delhi & Anr. Vs. S.K. Saraswat & Ors. decided on 09.05.2016 to fortify their stand.

3. The respondents in their counter reply have submitted that the applicants were promoted to the post of Office Superintendent from the post of Assistants on the dates as given above and were performing higher duties, but, in view of the merger of pay scales of Assistant and Office Superintendent as per Sixth CPC, the applicants were not granted any financial benefit on promotion from Assistant to the post of Superintendent at that stage. But, later on, as per the clarification dated 07.01.2013 received from Ministry of Finance, the applicants were granted the benefit of pay fixation by giving 3% increment and on completion of 30 years of regular service, they were granted third MACP with Grade Pay of Rs. 4600/- in PB-3 of Rs. 9300-34800. However, later on in view of some query raised, vide letter dated 22.05.2017, it was informed as follows:-
  • Assistants who have already received MACP in the Grade Pay of Rs. 4600/- are not eligible for any financial benefit on regular promotion to the post of Office Superintendent.
  • No MACP is eligible to Office Superintendent by ignoring his promotion from the post of Assistant to Office Superintendent.
3.1. In view of the above instructions, the third MACP benefits granted to the applicants were cancelled and the fixation of pay in respect of the concerned officers was carried out as per SGO‟s letter dated 09.06.2017 (Annexure A-7).

3.2. Respondents have further submitted that they always have a right to rectify the mistake and in this regard, they have cited the judgments in Jagdish Prajapati Vs. the State of Rajasthan and Ors., 1998 (2) ATJ, P-286, Anand Prakash Vs. State of Punjab, 2005 (4) RSJ 749 and Raj Kumar Batra Vs. State of Haryana, 1992 (1) SCT 129.

4. Shri R.C. Sharma, learned counsel appearing on behalf of the applicants vehemently contended that the action of the respondents in withdrawing the MACP benefits was contrary to the spirit of the Scheme and in this regard specifically referred to para 5 of the MACP Scheme according to which where two posts have been merged and after merger carry the same grade pay, then the effect of promotion from one of these posts to the other shall be ignored for the purpose of granting upgradation under the MACP.

5. Shri K.K. Thakur, learned counsel for the respondents, on the other hand, argued that in terms of para 8 of the MACP Scheme, promotions earned in the post carrying same grade pay in the promotional hierarchy, shall be counted for the purpose of MACP.

6. We have carefully gone through the pleadings on record and also the arguments advanced by the learned counsel for both sides. We have also considered the judgments cited by the two sides.
7. For clarity of understanding some parts of the MACP Scheme are extracted below:

“2. The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/ organization will be given only at the time of regular promotion.

xxxx xxxx xxxx

5. Promotions earned / upgradations granted under the ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales / upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPs.

Illustration - 1

The pre-revised hierarchy (in ascending order) in a particular organization was as under:-
Rs. 5000-8000, Rs. 5500-9000 & Rs. 6500-10500.

(a) A Government servant who was recruited in the hierarchy in the pre-revised pay scale Rs. 5000- 8000 and who did not get a promotion even after 25 years of service prior to 1.1.2006, in his case as on 1.1.2006 he would have got two financial upgradations under ACP to the next grades in the hierarchy of his organization, i.e., to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500.

(b) Another Government servant recruited in the same hierarchy in the pre-revised scale of Rs. 5000- 8000 has also completed about 25 years of service, but he got two promotions to the next higher grades of Rs. 5500-9000 & Rs. 6500-10500 during this period.


In the case of both (a) and (b) above, the promotions/financial upgradations granted under ACP to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500 prior to 1.1.2006 will be ignored on account of merger of the pre-revised scales of Rs. 50008000, Rs. 5500-9000 and Rs. 6500-10500 recommended by the Sixth CPC. As per CCS (RP) Rules, both of them will be granted grade pay of Rs. 4200 in the pay band PB-2. After the implementation of MACPS, two financial upgradations will be granted both in the case of (a) and (b) above to the next higher grade pays of Rs. 4600 and Rs. 4800 in the pay band PB-2.”

8. Para 8 of the Scheme is reproduced as follows:

“8. Promotions earned in the post carrying same grade pay in the promotional hierarchy as per Recruitment Rules shall be counted for the purpose of MACPS.

8.1 Consequent upon the implementation of Sixth CPC’s recommendations, Grade pay of Rs. 5400 is now in two pay bands viz., PB-2 and PB-3. The grade pay of Rs. 5400 in PB-2 and Rs.5400 in PB-3 shall be treated as separate grade pays for the purpose of grant of upgradations under MACP Scheme.”

9. This issue relating to the effect of merger of pay scales has been examined in extensive and minute detail by the Hon’ble High Court of Delhi in S.K. Saraswat (supra), the relevant portions of the judgment are extracted below:

“4. In order to appreciate and understand the controversy, we would like to refer to the basic facts. The respondents, 55 in number are direct appointees to the post of Principal. Their pay- scale as in the case of Education Officer and Assistant Director of Education prior to the implementation of the Sixth Pay Commission was Rs.10,000 – 15,200. The pre-revised pay scale in the promotional post of Deputy Director of Education was Rs.12,000 – 16,500. On the recommendation of the Sixth Pay Commission, the pay scales of Principal, Education Officer and Assistant Director of Education were enhanced and merged with the pay scale of Deputy Director of Education, i.e. Rs.12,000 – 16,500. Accordingly, employees holding the post of Principal, Education Officer, Assistant Director of Education or Deputy Director of Education became entitled to an equal/identical pay-scale of Rs.12,000 – 16,500, and revised pay scale of Grade Pay of Rs.7600 in Pay Band -3 [Rs.15,600 – 39100]. It is in this factual matrix that the issue arises whether the Tribunal was justified in accepting the plea and contention of the respondents that they would be entitled to first financial upgradation in the Grade Pay of Rs.8700, second financial upgradation in the Grade Pay of Rs.8900 and third financial upgradation in the Grade Pay of Rs.10000.

5. As noted above, the petitioners herein had earlier issued letter dated 22nd October, 2009 accepting the said position, but have later on changed their stand and stance and have positioned that the respondents would be entitled to financial upgradation only in the Grade Pay of Rs.7600 in Pay Band-3. In other words, there would not be any increase in grade pay of Rs 7600, but respondents would be entitled to benefit in the form of increments under Fundamental Rule 22(1)(a)(i).
xxxx xxxx xxxx xxxx

7. xxxx xxxx xxxx xxxx


The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organization will be given only at the time of regular promotion.

xxxx xxxx xxxx xxxx

12. Paragraph 5 of the MACP Scheme refers to both- upgradations granted under the erstwhile ACP Scheme and promotions earned in the past to grades which have merged as a result of merger of pay-scales or upgradation of posts. These have to be ignored, and the reason is illuminate. Merger of pay scales nullifies and negates the very objective and purpose of the Scheme. Thus, promotions earned or upgradations granted under the ACP Scheme when they have merged, either as a result of merger of posts or pay scales, have to be ignored for the purpose of granting upgradations under the MACP Scheme. Mandate of Rule 4 is clarified by way of an illustration, which is instructive. A government servant, recruited in the hierarchy in the pre-revised pay-scale of Rs.5000-8000 and granted financial upgradations in the pre-revised pay-scale of Rs.5500-9000 and Rs.6500-10500, on merger of the aforesaid three pay-scales would be entitled to financial upgradations in the Grade Pay of Rs.4600 and Rs.4800 in Pay Band-2. Such government servant would not be paid the Grade Pay of Rs.4200 in Pay Band-2, which is the grade pay corresponding to pre-revised pay-scales. The reason is that pay scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500, have been merged into one pay-scale.

xxxx xxxx xxxx xxxx

17. Paragraph 8 also deals with computation for the purpose of MACP Scheme. In the beginning itself, we would say and accept that paragraph 8 is ambiguous and confusing. It is not happily worded. One way of reading the said paragraph, which consists of one sentence, is in the manner suggested by the petitioners i.e. promotions in the hierarchy which have the same grade pay shall be counted for the purpose of MACP Scheme. In other words, if the promotional post carries the same grade pay, the promotion will still be counted or treated as financial upgradation for the purpose of the MACP Scheme. However, this interpretation would be counter to and is in conflict with the precept and foundation of the MACP Scheme, which, as noticed above, refers to the immediate next higher grade pay in the hierarchy given in Section 1, Part-A of the first schedule of the Rules. The difficulty in accepting this interpretation is that it will over-turn the basis and edifice of the said Scheme and would be contrary to paragraphs 1, 2, 4, 5 and 6.2. We have already noticed these paragraphs, including paragraph 2 and interpreted the same. Paragraph 2 states that financial upgradation under the MACP Scheme cannot be understood and applied with reference to promotional pay-scales, for the same can be different. This is clear from the second sentence of paragraph 2. The third and the last sentence of paragraph 2 by way of an illustration accepts that the higher grade pay attached to the next promotional post in the hierarchy will be given at the time of regular promotion. We would observe that use of word “higher” in the last sentence is for the purpose of demonstration to rule out confusion and ambiguity. It is possible that the next higher promotional post may well have pay-scale of the lower post. It is in this context that the recommendations of the Sixth Pay Commission in paragraph 6.1.15 are relevant. If the legislature i.e. the Government, which had issued the Scheme, wanted to restrict financial upgradation and not collate it to the next higher grade pay in the hierarchy, it would have stipulated as such in Section 1, Part-A of the Rules. The said stipulation, would have been properly clarified and so stated in paragraph 2 itself. The second sentence of paragraph 2 expressly and clearly states that the grade pay at the time of financial upgradation under the MACP Scheme can in some cases be different from the pay-scale/grade pay applicable on regular promotion. The second sentence does not refer only to the situation where the grade pay is higher in the promotional post. The third sentence in paragraph 2 is also by way of an illustration. Consequence of the interpretation, as suggested by the petitioners would be an absurdity, contradiction and cause hardship. We would hesitate to observe that this was the legislative intent. Such interpretation would frustrate the core foundation of the Scheme.

xxxx xxxx xxxx xxxx

18. In view of the aforesaid discussion, we do not find any merit in the present writ petition and the same is dismissed. In the facts of the present case, there will be no order as to costs.”

10. It can clearly be seen that the present case is squarely covered by the judgement of the Hon‟ble High Court of Delhi in S.K. Saraswat (supra).

11. From a reading of Para 5 of the MACP Scheme, it is abundantly clear that the case of the applicants is fully governed by the said provision. Further, from the illustration given with Para 5 of the MACP Scheme, there is no doubt left whatsoever. Para 8 of the Scheme is of a general nature, in a different context and cannot be said to have overriding effect on Para 5 of the Scheme, which is very specific.

12. As for the case law cited by the respondents, in the facts and circumstances of the case they lend no support to the arguments advanced by the respondents.

13. In view of the above, the OA is allowed and the impugned orders are set aside. The applicants shall be granted all consequential benefits within a period of sixty days of the receipt of a certified copy of this order. No order as to costs.
(A.K. Bishnoi), Member (A)
(Sanjeev Kaushik), Member (J)
Source: CAT Chandigarh

Monday, 18 November 2019

Various Steps Taken to Safeguard Recruitment Examination

Babloo - 08:02:00

Various Steps Taken to Safeguard Recruitment Examination


Various-Steps-Taken-Safeguard-Recruitment-Examination


Ministry of Labour & Employment
Various Steps Taken to Safeguard Recruitment Examinations

18 NOV 2019

The steps taken by the major recruitment agencies for the Central Government viz. Union Public Service Commission (UPSC), Railway Recruitment Board (RRB) and Staff Selection Commission (SSC) to safeguard the examination processes are enumerated below :

UPSC has started deploying low powered Jammers at the examination venues to prevent adoption of unfair means during the examinations by using mobiles phones, blue-tooth and other communicating devices.

Since, 2015, Computer Based Test (CBT) has been introduced in all Railway examinations. The internet domain, on which online CBTs are conducted, has the approval of Indian Computer Emergency Response Team (CERT-In). After written examination, link of question paper and corresponding responses made by candidates with answer key is provided to their registered emails.

Staff Selection Commission(SSC) migrated from erstwhile Optical Mark Recognition(OMR(-) based examination to computer based examinations from June, 2016, and has taken comprehensive measures which, inter-alia, include audit of examination venues, conduct of mock-tests, deployment of its representatives as Inspecting Officers at the examination venues, comprehensive CCTV coverage of the examination venues, etc

Thorough checking & frisking of candidates with the help of Hand-Held Metal Detectors, registering of their bio-metric attendance, taking and matching of their photographs, etc., are also carried out at the examination centres.

This information was given by Shri Santosh Kumar Gangwar Union Minister of State (I/C) for Labour and Employment in written reply to a question in Lok Sabha today.

PIB

Saturday, 16 November 2019

Extending the benefit of Special Allowance to Traffic Gatemen

Babloo - 08:53:00
Extending the benefit of Special Allowance to Traffic Gatemen

Extending the benefit of Special Allowance to Traffic Gatemen

NFIR

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD
No. E(P &A)I-2013/FE-2/4a(pt.)
The General Secretary,
NFIR
3, Chelmsford Road,
New Delhi-110055.
New Delhi, dated: 23.10.2019
Sub.:- Extending the benefit of Special Allowance to Traffic Gatemen.

Sir,
The undersigned is directed to refer to your letter No. 1/5(g)/2019 dated 10.10.2019 on the subject noted above. In this regard it is stated that the issue regarding extending the benefit of LC Gate Allowance to Gatemen (now Track Maintainers) manning the Traffic Gates at par with the Gatemen (now Track Maintainers) manning the Engg. Gates is under consideration in Board's office in consultation with Ministry of Finance. A consolidated proposal in respect of payment of Special Allowance to the traffic Gatemen deployed to work on Level Crossing Gates (LC Gate) alongwith an another proposal has been sent to Ministry of Finance (MoF) vide U.O. dated 16.08.2019. However, no reply has since been received from Ministry of Finance so far.
For Secretary Railway Board
Source: NFIR

UPSC Vacancy for the post of Level-6, Level-7 and Level 12

Babloo - 00:17:00
UPSC Vacancy for the post of Level-6, Level-7 and Level 12

LATEST DOPT ORDERS 2019


F.No.21/07/2019-CS-l(P)
Ministry of Personnel, Public Grievances Pension
Department of Personnel & Training
(C.S.l Division)

2nd Floor,’A’ wing,
Lok Nayak Bhawan,
Khan Market, New Delhi
Dated 7th November, 2019

OFFICE MEMORANDUM

Subject:- Filling up of the one post each in Level-6, Level-7 and Level 12 in UPSC.

The undersigned is directed to circulate the Vacancy Circulars No.A-35021/041201 9 Admn-ll dated 15th October, 20l9, A-35021/03/2019 dated 25th October, 2019 and A- 35021/07/2019 Admn-ll dated 25th October, 2019 (along-with enclosures) received from Union Public Service Commission for filling up the following posts as detailed below:-

Also check: Vacancy for officers in UPSC in Level 7 of the pay Matrix on Promotion / Deputation under Central Government, Deputation / Reemployment (For Armed Forces personnel)

S.No. Name of the PostLevel
1Library & Information Assistant (General Central Service, Group ‘B’ Gazetted, Non-Ministerial)Level-6
2Assistant Library & Information Officer ( General Central Service, Group ‘B’ Gazetted, Non-Ministerial)Level-7
3Officer on Special Duff. (Co-ordination General) (General Central Service, Group ‘A’, Gazetted, Non-Ministerial)Level 12

2. It may be noted that cadre clearance from C.S.l Division will be required in case of Under Secretary and above level officers of CSS applying for deputation.

3. In case of any further clarification, applicants are requested to contact the concerned Ministries / Departments

(Sanjay Kumar Das Gupta)
Under Secretary to the Government of India 
To,
All Ministries/Departments (through DOPT’s website) 

UPSC Vacancy for the post of Level-6, Level-7 and Level 12 – DoPT Orders 2019
Source: DoPT

Friday, 15 November 2019

LIST OF GAZETTED HOLIDAYS DURING THE YEAR 2020 FOR ADMINISTRATIVE OFFICES OF CENTRAL GOVERNMENT LOCATED IN CHENNAI

Babloo - 04:46:00
LIST OF GAZETTED HOLIDAYS DURING THE YEAR 2020 FOR ADMINISTRATIVE OFFICES OF CENTRAL GOVERNMENT LOCATED IN CHENNAI

Regd


DEPARTMENT OF POSTS, INDIA
Office of the Chief Postmaster General, Tamil Nadu Circle, Chennai-600002

No. TCA/130-2/2020 dated at Chennai 600002 the 14.11.2019

Sub: Holidays to be observed in Administrative /Operative Offices during the year 2020 – Reg.

All Administrative / Operative Offices in Tamilnadu Postal Circle will observe 17 Closed Holidays during the year 2020 as shown in Annexure I.

In addition to these 17 closed Holidays, each employee will also be permitted to avail himself / herself any two (2) Restricted Holidays to be chosen by himself / herself out of the list of Restricted Holidays as shown in Annexure II.

It is also intimated by the CGEWCC, Chennai that if the dates of the 4 holidays (i.e) Idu’l Fitr, Idu’l Zuha, Muharram and Id-e-Milad are changed by the State Government, it will be deemed date for the holiday suo moto for all the Central Government offices in Tamilnadu instead of separately declaring it as holiday.

In view of the above, there will be no separate announcement, on the holidays mentioned in prepara.

DA: As above.

Asst. Director (Admn)
For Chief Postmaster General,
Tamilnadu Circle, Chennai 600002

LIST OF GAZETTED HOLIDAYS DURING THE YEAR 2020 FOR ADMINISTRATIVE OFFICES OF CENTRAL GOVERNMENT LOCATED IN CHENNAI

Sl. NOHOLIDAYDATEDAY
1*PONGAL15.01.2020WEDNESDAY
2REPUBLIC DAY26.01.2020SUNDAY
3MAHAVIR JAVANTI06.04.2020MONDAY
4GOOD FRIDAY10.04.2020FRIDAY
5BUDDHA PURNIMA07.05.2020THURSDAY
6ID U’L FITR25.05.2020MONDAY
7ID U’L ZUHA (BAKRID) 01.08.2020SATURDAY
8*JANMASHTAMI (VAISHNAVI)12.08.2020WEDNESDAY
9INDEPENDENCE DAY15.08.2020SATURDAY
10*VINAYAK CHATURTHI / GANESH CHATURTHI 22.08.2020SATURDAY
11MUHARRAM30.08.2020SUNDAY
12MAHATMA GANDHI’S BIRTHDAY02.10.2020FRIDAY
13DUSSEHRA (VIJAYA DASHMI)25.10.2020SUNDAY
14PROPHET MOHAMMAD’S BIRTHDAY (ID-E-MILAD)30.10.2020FRIDAY
15DIWALI (DEEPAWALI)14.11.2020SATURDAY
16GURU NANAK’S BIRTHDAY30.11.2020MONDAY
17CHRISTMAS DAY25.12.2020FRIDAY

* Declared by CGEWCC, Chennai

for Executive Secretary (CGEWCC, Chennai)

Annexure II


LIST OF RESTRICTED HOLIDAYS DURING THE YEAR 2020 FOR ADMINISTRATIVE OFFICES CENTRAL GOVERNMENT LOCATED IN CHENNAI OFFICES


Sl. NOHOLIDAYDATEDAY
1New Year’s Day 01.01.2020Wednesday
2Guru Gobind Slngh’s Birthday02.01.2020Thursday
3Lohri13.01.2020Monday
4Basant Panchami / Sri Panchami30.01.2020 Thursday
5Guru Ravi Das’s Birthday09.02.2020Sunday
6Swami Dayananda Saraswati Jayanthi18.02.2020Tuesday
7Shivaji Jayanti19.02.2020Wednesday
8Maha Shivaratri21.02.2020Friday
9Hollka Dahan/Dolyatra09.03.2020Monday
10 Hazrat All’s Birthday09.03.2020Monday
11Holi10.03.2020Tuesday
12Chaitra Sukladl / Gudl Padava/ Ugadi/ Cheti Chand25.03.2020Wednesday
13Ram Navami02.04.2020Thursday
14Easter Sunday12.04.2020Sunday
15Vaisaki / Vishu13.04.2020Monday
16Mesadi / Vaisakhadi (Bengal) / Bahag Bihu (Assam)14.04.2020Tuesday
17Guru Rabindranath’s Birthday08.05.2020Friday
18Jamat-ul-Vida22.05.2020Friday
19Rath Yatra23.06.2020Tuesday
20Raksha Bandan03.08.2020Monday
21Janmashtami (Smarta)11.08.2020Tuesday
22Parsi New Year’s Day16.08.2020Sunday
23Onam or Thiru Onam Day31.08.2020Monday
24Dussehra (Maha saptami) (Additional)23.10.2020Friday
25Dussehra (Maha Ahstami/Maha Navami) (Additional)24.10.2020Saturday
26Vijay Dashmi (Bengal, Kerala)26.10.2020Monday
27Maharishi Valmik’s Birthday31.10.2020Saturday
28Karaka Chaturthi (Karwa Chouth)04.11.2020Wednesday
29Govardhan Puja15.11.2020Sunday
30Bhai Dhuj16.11.2020Monday
31Pratihar Shashthi or Surya Shashthi (Chhat Pula)20.11.2020Friday
32Guru reg Bhadur’s Martyrdom Day24.11.2020Tuesday
33Christmas Eve24.12.2020Thursday

for Executive Secretary (CGEWCC, Chennai) 

LIST OF GAZETTED HOLIDAYS DURING THE YEAR 2020 FOR ADMINISTRATIVE OFFICES OF CENTRAL GOVERNMENT LOCATED IN CHENNAI
 

Thursday, 14 November 2019

Railway Vacancies in 7th CPC Pay Level-1 twent per cent quota reserved for Course Completed Act Apprentices

Babloo - 06:38:00
Railway Vacancies in 7th CPC Pay Level-1 twent per cent quota reserved for Course Completed Act Apprentices

NFIR

Railway Vacancies in 7th CPC Pay Level-1 twent per cent quota reserved for Course Completed Act Apprentices
No. II/94/Part I
Dated: 08/11/2019

The Member (Staff),
Railway Board,
New Delhi

Dear Sir,

Sub: 20% quota vacancies in 7th CPC Pay Level-1 reserved for "Course Completed Act Apprentices" - need for delegation of powers to GMs to fill the posts promptly - reg.

Ref:  (i) Railway Board’s reply to NFIR vide letter No. E(NG)II/2019/RR-I/5 dated 23/04/2019
(ii) NFIR’s letter vide No.II/94/Part I dated 17/08/2019 to the Member Staff, Railway Board.

Responding to Railway Board’s reply dated 23/04/2019, the Federation vide its letter dated 17/08/2019 has again conveyed to the Railway Board certain valid points with regard to fulfillment of 20% quota vacancies in GP 1800 Level-1 by Course Completed Act Apprentices of Railways.

Also check: 7th Pay Commission Pay Matrix Table Level 1 to 5

NFIR once again re-iterates the following for re-consideration :-
  • The 20% quota meant to be filled by Railways trained Act Apprentices has, in fact, not been fulfilled due to inexplicable reasons which are beyond the control of RRCs. This is causing adverse impact on the IR system as the vacancies in Level-l particularly in Safety categories of Technical Departments continued to remain unfilled while at the same time the Course Completed Act Apprentices of Railways are out of job despite the fact that they possess required skills for performing technical jobs in Railways.
  • In Workshops and Depots/Sheds, the Act Apprentices (under training) are utilized by the authorities on regular jobs during training period due to heavy shortage of manpower, with the objective of achieving out turn targets fixed by the Railway Board. The earmarked 20% quota vacancies, if allowed to be filled under GM’s powers, the trained apprentices will have job opportunities and equally their skills will be of greater advantage for Railways to improve quality and efficiency.
  • Another important factor causing negative impact on the IR system is non-consideration of Inter Railway transfer requests of Level-l safety category staff (Track Maintainers, Helpers etc.,) due to non-availability of replacement. Even the options of optees to different projects on Indian Railways are not being forwarded by the Zonal Railways despite communications from Project Organisations in view of heavy vacancy position.
  • For ensuring quality and efficiency of Railways, adequate manpower possessing required skills is the need of the hour. The field position reveals that in Depots, Sheds and Workshops the staff strength is very much inadequate and for this reason, the GMs are required to be given powers for induction of course completed act apprentices against 20% vacancies in Level-l for meeting the exigency and urgency.
NFIR, therefore, once again requests the Railway Board (MS) to kindly re-consider the matter for delegating powers to the General Managers to induct Course Completed Act Apprentices against 20% quota vacancies of Level-1 posts as laid down in RBE No. 71/2016 dated 21/06/2016 de-linking with the recruitment process of RRC. Federation may kindly be replied on action taken on this letter.

Yours faithfully,
(Dr.M.Raghavaiah)
General Secretary


Source: NFIR

Monday, 11 November 2019

Comprehensive Transfer Policy – Exemption from 5 years service condition – Indian Railways – NFIR

Babloo - 00:35:00
Comprehensive Transfer Policy – Exemption from 5 years service condition – Indian Railways – NFIR

Comprehensive Transfer Policy – Exemption from 5 years service condition – Indian Railways – NFIR

NFIR


No.II/4/2018-I

Dated: 07/11/2019

The Chairman,
Railway Board,
New Delhi

Dear Sir.

Sub: Comprehensive transfer policy – exemption from 5 years service condition-reg.

Ref: (i) NFIR’s PNM Item No. 18/2016.
(ii) Railway Board’s letter No. E(NG)I-2005/TR/20 dated 10/02/2017.
(iii) NFIR’s letter No. II/14/Part VII dated 21st Feb,2017, 23/02/2017 and 12/04/2017.
(iv) NFIR’s letter No. II/4/Part VII dated 15/05/2017 & 04/12/2017.
(v) Railway Board’s letter No. E(NG)I-2015/TR/20 dated 17/01/2018.
(vi) NFIR’s letter No. II/14/Part VII dated 30/01/2018,
(vii) NFIR’s letter No. II/14/2018 dated 23/07/2018.
(viii) NFIR’s letter No. II/14/2018-I dated 22/07/2019 & 25/03/2019.

Federation brings to the kind notice of the Railway Board (CRB) that NFIR’s PNM Agenda Item No. 18/2016 relating to relaxation of service condition of minimum five years service in the case of re-employed Defence Forces Personnel seeking inter Railway transfer on request has been pending since the last three years. During NFIR’s PNM meeting held with the Railway Board on 25/26-04-2019, the Official Side conveyed through Action Taken Statement as under:-

Also check: Comprehensive transfer policy – exemption from 5 years service condition

“The matter is presently under consideration. Feedback has been called for, from all the Zonal Railways. Responses from some of them are still awaited.”

Federation feels sad to state that though a period of over six months passed, progress made into the matter is yet to be conveyed.

In this connection, Federation also brings to the notice of the Board (CRB) that the NFIR General Secretary held discussions at the level of CRB more than once (last discussions held on 22/11/2018), when the CRB gave assurance that the relaxation has been processed and the final orders would be issued very shortly, but unfortunately relaxation decision has not been issued so far.

May I once again seek the intervention of CRB to kindly see that order issued granted relaxation to five years service condition in favour of former Defence Personnel re-employed in Railways, facilitating their inter Railway transfer requests soon.

Yours faithfully,
(Dr. M.Raghavaiah)
General Secretary

Source: NFIR

CPAO – Discontinuation of BSR code

Babloo - 00:34:00
CPAO – Discontinuation of BSR code

CAPO

Discontinuation of BSR code

CPAO/1T&Tech/e‐PPO/6(Vol‐ X) (D)/PF/2019-20/140

01.11.2019

OFFICE MEMORANDUM

Subject: Discontinuation of BSR code-regarding

Kind attention is invited to this office OM No. CPAO/IT tech/e-PPO/6 (Vol-X)(D)/ 2019-20/81 dated 19.08.2019 (copy attached wherein all the Heads of CPPCs of Authorized Banks were requested to offer comments on shifting from BSR Code to IFSC for processing the pension cases of the pensioners concerned under “Scheme for payment of Pension to Central Government Civil Pensioners through Authorised Banks”.

Also check: CPAO – Applications for engagement of Three Consultants on Contract Basis

The matter was also taken up with Reserve Bank of India (RBI) and it is intimated that RBI has conveyed their concurrence on the proposal from shifting from BSR Code to IFSC for processing the pension cases of the pensioners. Copy of comments received from RBI is attached.

No comments from the Banks side have been received in this office. Therefore, all the Heads of CPPCs of Authorized Banks & Govt. Business Deptt. are once again requested to offer their comments on the proposal from shifting from BSR Code to IFSC expeditiously, in any case not later than 15th December, 2019. If no reply / comments are received from the Banks, it will be assumed that they have nothing to say on the matter. Priority may be accordingly given to this issue.

This issues with the approval of the Chief Controller (Pensions).

Encl:- As above

(Md. Shahid Kamal Ansari)
(Dy. Controller of Accounts)

Source: CPAO

CPAO – Discontinuation of BSR code

Saturday, 9 November 2019

2nd Athletic Meet for Wards of Central Government Civilian Employees working in Ministries located at Delhi/New Delhi

Babloo - 22:33:00

2nd Athletic Meet for Wards of Central Government Civilian Employees working in Ministries located at Delhi/New Delhi

Latest DoPT Orders 2019

No.1/1/2019-20-CCSCSB
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

CENTRAL CIVIL SERVICES CULTURAL & SPORTS BOARD

Room No. 361 , 'B' Wing, 3'd Floor,
Lok Nayak Bhavan,Khan Market, New Delhi-3
Dated: 8th November 2019
CIRCULAR

Subject: 2nd Athletic Meet for Wards of Central Government Civilian Employees working in Ministries located at Delhi/New Delhi.

2nd Athletic Meet for wards of Central Government Civilian Employees working in Ministries located at Delhi/new Delhi is proposed to organize at Vi nay Marg Sports Complex, Chankyapuri, New Delhi on 15 December 2019 (Sunday) at 9.00 AM. There is NO ENTRY FEE for this competition. The entry should be sent in the prescribed form along with copies of Parent's office Identity Card and Aadhar Card of the ward to the Board's Office latest by 09 December 2019 (Monday) at Room No. 361, 'B' Wing, Lok Nayak Bhawan, Khan Market, New Delhi or by email at sportsdopt@gmail.com.

The Competition will be held in the following categories:-

CategoryAgeBorn BetweenEvents
Boys & Girls08-10Yrs01 Dec 2009 to 30 Nov 2011100M, Spoon Race

10-12 Yrs01 Dec 2007 to 30 Nov 2009100M, 200M, Long Jump

12-14 Yrs01 Dec 2005 to 30 Nov 2007100M, 200M, Long Jump

14-16 Yrs01 Dec 2003 to 30 Nov 2005100M, 200M, 400M, Lonq Jump
Spouse
100 Mtrs (Men & Women)
A child can participate only in TWO events

3. Wards of the following categories of employees are not eligible for participation in this competition:-
(a) Uniform personnel in Defence Services/Para Military Organisations/ Central Police Organisation/Police/ RPF/ CISF/ BSFIITBP/ NSG etc.
(b) Employees of Autonomous bodies/ Undertakings/ Public Sector Banks/ Corporations even though administratively controlled by the Central Ministries.
(c) Casual/ Daily wages workers.
(d) Employees attached to offices on temporary duty.

4. Decision of the Judges will be final and no appeal against their decision would be entertained.

5. For further queries, Sh. Amarjeet Singh Dahiya (9868107431), Ath letic Convener CCSCSB may be contacted.

6. This circular may be given wide publicity.
(Kulbhushan Malhotra)
Secretary (CCSCSB)


Central-Government-Employees-Athletic-Meet-2019-DoPT

Source: DoPT

Thursday, 7 November 2019

Status of Cadre Review Proposals as on 31.10.2019

Babloo - 07:36:00
Latest DoPT Orders 2019

Status of Cadre Review Proposals as on 31.10.2019

Name of the ServiceCRC* MeetingCabinet Approval
Indian Cost Accounts Service29.10.201302.01.2014
Central Power Engineering Service11.12.201313.05.2014
Indian atnarce Factory Service19.03.201429.10.2014
Indian Civil Accounts Service17.07.201316.01.2015
Border Road Engineering Service26.02.201507.04.2015
Defence Aeronautical Quality Assurance Service08.01.201506.05.2015
Indian Trade Service06.05.201401.07.2015
Indian Statistical Service24 06.201429.07.2015
Indian Skill Development Service10.04.201507.10.2015
Indian Postal Service28.12.201525.05.2016
Central Reserve Police Force15.12.201529.06.2016
Indian Information Service05.05.201624.08.2016
Border Security Force29.06.201612.09.2016
Indian P & T Accounts and Finance Service17.09.201527.10.2016
Ministry of Micro, Small and Medium Enterprises (MSME)
Indian Enterprise Development Service (IEDS)
28.12.201521.12.2016
Indian Telecom Service06.10.201621.12.2016
Central Engineerinc Service (Roads)25.04.201606.03.2017
Indian Naval Material Management Service24.10.201322.06.2017
Indian Defence Accounts Service09.09.201619.07.2017
Sashastra Seema Bal (SSB) (Group ‘A’ Combatised)19.7.201720.12.2017
Central Industrial Security Force (CISF)15.05.201710.01.2018
Indian Detrdeurn and Explosive Safety Service (IPESS)09.01.201702.05.2018
Indian Railways Personnel Service19.04.201819.02.2019
Indian Railways Traffic Service19.04.201819.02.2019
Indian Railways Stores Service19.04.201819.02.2019
Indian Railways Accounts Service19.04.201819.02.2019
Indian Railways Service of Mechanical Engineers19.04.201819.02.2019
Indian Railways Service of Electrical Engineers19.04.201819.02.2019
Indian Railways Service of Engineers19.04.201819.02.2019
Indian Railways Service of Signal Engineers19.04.201819.02.2019
Indo Tibetan Border Police08.02.201923.10.2019


Source: Latest DoPT Orders 2019

Latest DoPT Orders 2019 - Status of Cadre Review Proposals as on 31.10.2019

 

Tuesday, 5 November 2019

Demands of Defence Ex-servicemen on OROP requiring immediate action

Babloo - 01:09:00
One Rank One Pension and issues of concern of Defence Veterans needing urgent resolution: IESM writes to MPs

Demands of Defence Ex-servicemen on OROP requiring immediate action


ONE RANK ONE PENSION (OROP) & ISSUES OF CONCERN OF DEFENCE VETERANS NEEDING URGENT RESOLUTION

Dear Veterans,

Letter to Members of Parliament on the above subject dated 02 Nov 2019 is enclosed herewith for your information widest circulation please.
.
With Regards,

Jai Hind,

Yours Sincerely,

Maj Gen Satbir Singh, SM (Retd),
Advisor United Front of Ex Servicemen &
Chairman Indian Ex-Servicemen Movement (IESM)

Dated:  02 Nov 2019

"ONE RANK ONE PENSION (OROP) & ISSUES OF CONCERN OF DEFENCE VETERANS NEEDING URGENT RESOLUTION"

Dear Members of Parliament,

1.      We wish to bring to your notice that long pending demand of defence fraternity of OROP has not yet been implemented. Hon’ble Prime Minister and President of BJP Sh. JP Nadda have time and again stated at various forums that OROP has been implemented.  With grievously hurt feelings and anguish, we wish to inform you that such statements by our Hon’ble Prime Minister are of serious concern to us.  Had the OROP been implemented as per the definition stated by MoS Sh. Rao Inderjit Singh on 02 Dec 2014 in the parliament, the Ex Servicemen would not have been on the road across the country protesting for the non-implementation of OROP.  On 31 Oct 2019, Ex Servicemen have completed 1600 days of continuous Protest Movement executed peacefully with dignity, respect and in the best traditions of soldiering.

2.      There are serious anomalies in the Govt of India Min of Def Notification No 12 (I)/2014/D (Pen/Pol)-part –II dated 07 Nov 2015 wherein the Govt is purported to have implemented OROP.  The serious anomalies have been brought to the Notice of the Govt on numerous occasions, but these anomalies have not yet been rectified.  Ex-servicemen were forced to approach Hon’ble Supreme Court for grant of full OROP.  Hon’ble Supreme Court in its order dated 01 May 2019 (copy attached).  Asked the MoD to resolve the anomalies to the extent possible and the next date of hearing was to take place on 06 Aug 2019.  However, the Hon’ble judge hearing the case was busy in hearing Ram Mandir Case and our OROP case hearing was not listed.

3.      In the meantime we had a meeting with Hon’ble Raksha Mantri on 01 Jul 2019 and briefed him about Hon’ble Supreme Court order and requested for the rectification of the OROP anomalies. Hon’ble Raksha Mantri assured us for another meeting after a few days for the resolution of OROP anomalies; however, that meeting has not taken place even after writing to Hon’ble Raksha Mantri a number of times.

4.      During an Election Rally at Chandigarh President of BJP Sh. JP Nadda stated that his Govt had implemented OROP.  The same was denied by Ex-servicemen bodies. To add to our hurt feelings, Hon’ble Prime Minister on 19 Oct 2019 at Rewari in another Election Rally, again stated that his Govt had implemented OROP.  We wish to inform that this is far from truth.  OROP has not been implemented; what has been implement is One Time increase in Pension.  Unless the OROP anomalies are rectified, grant of Full OROP will remain unfulfilled.

5.       We also wish to inform you that equalization of pensions of defence personnel was due with effect from 01 Jul 2019 as per Govt Notification dated 07 Nov 2015, but the same has not yet been carried out. The Govt which had issued the notification has not honored its own order of equalization of Pensions after every five years which became due with effect from 01 Jul 2019. We had through a letter dated 03 Sep 2019 written to Hon’ble Raksha Mantri, copy to Hon’ble Prime Minister and three Chiefs and also forwarded the same letter to Secretary (ESW) requesting for immediate equalization of pensions as notified in Govt Notification dated 07 Nov 2015. MoD, instead of implementing equalization of pensions, ordered another committee whose recommendations have not been made public. The outcome of another, “One Man Judicial Committee (OMJC)” which submitted its report to the Govt on 26 Oct 2016 headed by Justice L. Narasimha Reddy, retired Chief Justice of Patna High Court has neither been made public nor implemented.

6.      We appeal to our elected representative, Hon’ble Members of Parliament to raise our issues of concern in the coming winter session and ask the Govt to grant Full OROP to the defence personnel, a demand which is long pending, though it had been accepted by both NDA and UPA Govts but not yet implemented. Our Hon’ble Member of Parliament, with anguish we wish to say that “any country which does not respect its soldiers is doomed to fail”.

Please grant Justice to Soldiers.

With Regards,

Jai Hind,

Yours Sincerely,

Maj Gen Satbir Singh,
SM (Retd), Advisor United Front of Ex Servicemen &
Chairman Indian Ex-Servicemen Movement (IESM)
Mobile: 9312404269, 01244110570
Email:satbirsm[@]gmail.com
(Source Via e-mail)

http://ex-servicemenwelfare.blogspot.com

Grant of Dearness relief from 12% to 17% to Railway Pensioners/Family Pensioners effect from 01.07.2019

Babloo - 01:08:00
Grant of Dearness relief from 12% to 17% to Railway Pensioners/Family Pensioners effect from 01.07.2019

GOVERNMENT OF INDIA (BHARAT SARKAR)
Ministry of Railways (Rail Mantralaya)
(Railway Board)

PC-VII No: 146
RBE No: 187/2019

File No. PC-VII/2016/1/7/2/3

New Delhi, dated: 31.10.2019

The General Manager/CAOs(R),
All Zonal Railway & Production Units,
(As per mailing list)

Sub: – Grant of Dearness Relief to Railway Pensioners/family pensioners – Revised rate effective from 01.07.2019.

A copy of Office Memorandum No. 42/04/2019-P&PW(D) dated 21.10.2019 of Ministry of Personnel, Public Grievances & Pensions (Department of Pension and Pensioners’ Welfare) on the above subject is enclosed herewith for information and compliance. This order shall apply  mutatis Mutandis on Railways also.

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

3. Hindi version is attached below.

Encl. As above.

(Jaya Kumar G)
Deputy Director, Pay Commission -VII

Grant of Dearness relief from 12% to 17% to Railway Pensioners/Family Pensioners effect from 01.07.2019

Enrolment of Subscribers under NPS who lost both hands - PFRDA Circular

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Enrolment of Subscribers under NPS who lost both hands - PFRDA Circular

PENSION FUND REGULATORY
AND DEVELOPMENT AUTHORITY
B-14/A, Chhatrapati Shivaji Bhawan,
Qutub Institutional Area,
Katwaria Sarai, New Delhi-110016
Ph: 011-26517501, 26517503, 26133730
Website: www.pfrda.org.in

CIRCULAR

PFRDA/2019/17/SUP-SG/1

04.10.2019

To,

All Central Government Ministries & Departments/ State Governments
PrAOs, PAOs, CDDOs, NCDDOs – CG Nodal offices
DTAs,DTOs, DDOs – SG Nodal offices
All Central and State Autonomous Bodies
Points of Presence

Subject: Acceptance of CSRF forms or registration under NPS in case of subscriber who has lost both hands

The Pension Fund Regulatory and Development Authority (PFRDA) has received few requests from the Govt Nodal offices, requesting PFRDA to accept the subscriber registration (CSRF) form in case of such subscriber-employees joining under them, who are unable to affix signature on the CSRF form, being due to loss of both hands.

In view of the above and to facilitate the registration of such subscribers under NPS, the Govt Nodal offices/PoPs are advised to accept the subscriber registration (CSRF) form by obtaining the toe impression of the subscriber on the CSRF form. Further, where toe impression of such subscriber who has lost both hands is obtained on the CSRF form, it should be attested by two persons, one of whom should be the official designated to handle NPS related activities in Govt Nodal office/ PoP.

Sd/-
Sumeet Kaur Kapoor
Chief General Manager


Enrolment of Subscribers under NPS who lost both hands - PFRDA Circular

Pensioners eligible for Special Allowance - Kerala High Court Judgement

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Kerala High Court Judgement dated 15.10.2019 in WP(C) No. 32386 of year 2015 – Inclusion of Special Allowance in calculation of Pension for those who retired from service after 31.10.2012

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Pensioners eligible for Special Allowance - Kerala High Court Judgement

PRESENT

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

TUESDAY, THE 15TH DAY OF OCTOBER 2019 / 23RD ASWINA, 1941

WP(C).No.32386 OF 2015(W)

PETITIONERS:

1 MURALEE MOHANAN K.T
AGED 62 YEARS
S/O.N.GOVINDAN NAIR, HOUSE NO.49/93-B, PADAM
ROAD, ELAMAKKARA, KOCHI-682026.

2 RAMESH KUMAR P.GANGADHARAN
AGED 61 YEARS
S/O.GANGADHARAN, ASHWATHY, 35/2109C, FRIENDSHIP
NAGAR, PALARIVATTOM, KOCHI-682025.

3 L.SACHITHANANDA SHENOY
AGED 60 YEARS S/O.R.LAKSHMANA SHENOY, H.NO.37/2437,
NARAYANEEYAM, VADHYAR ROAD, KALOOR SOUTH,
ERNAKULAM, KOCHI-682017.

4 IBRAHIM MOHAMED HASHIM
AGED 60 YEARS
S/O.MOHAMED HASHIM, 7/709-B. BANOOR HASHIM,
DARUSSALAM ROAD, KOCHI-682002.

BY ADVS.
SRI.ASOK M.CHERIAN
SRI.V.K.PRASAD

RESPONDENTS:

1 CORPORATION BANK
REPRESENTED BY ITS CHAIRMAN AND MANAGIND
DIRECTOR, HEAD OFFICE, P.B.NO.88, MANGALADEVI
TEMPLE ROAD, PANDESHWAR, MANGALORE-575 001,
KARNATAKA

2 THE TRUSTEE SECRETARY
CORPORATION BANK (EMPLOYEES) PENSION FUND, HEAD
OFFICE, P.B.NO.88, MANGALADEVI TEMPLE ROAD,
PANDESHWAR, MANGALORE-575 001, KARNATAKA

3 UNION OF INDIA
REPRESENTED BY SECRETARY TO BANKING DIVISION,
MINISTRY OF FINANCE, NEW DELHI-110 001.

R1 BY ADV. SRI.VIVEK VARGHESE P.J.
R1 BY ADV. SRI.P.S.GOPINATH CGC
R1 BY ADV. MS.VARGHESE JACOB
R2 BY ADV. MS.VARGHESE & JACOB
R3 BY ADV. SRI.P.S.GOPINATH, CGC

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.9.2019, THE COURT ON 15.10.2019 DELIVERED THE FOLLOWING:-

JUDGEMENT

Dated this the 15th day of October, 2019

    Petitioners, who are retired officers of the 1st respondent Bank have approached this Court seeking the following reliefs:-

i. To call for the records leading to Exhibits P5, P5(a), P5(b) and P5(c) and quash the same by issuing a writ in the nature of certiorari as they are violative of the fundamental rights of the petitioners in Articles 14 and 16 of the Constitution of India.

ii. To declare that the condition mentioned in the note provided to item (6) of Annexure 1 of Exhibit P6 is null and void to the extent it affects the petitioners.

iii. To issue a writ in the nature of mandamus directing respondents to revise the basic pension of the petitioners in accordance with the provisions of the Corporation Bank (Employees) Pension Regulations, 1995 by taking into account the Special Allowance introduced in Exhibit P8 as part of pay for the purpose of Basic Pension.

iv. To issue a writ of mandamus directing the 2nd respondent to recalculate the commutation pension of the petitioners on the basis of the revised basic pension by including the special allowance introduced vide Exhibit P6.

v. to issue a writ of mandamus directing the respondents to refund the pension arrears recovered from the petitioners as per Exhibits P5, P5(a), P5(b) and P5(c).

    The 1st petitioner retired from service on 30.11.2013, the 2nd petitioner on 30.11.2014, the 3rd petitioner on 30.01.2015 and the 4th petitioner on 28.2.2015. The petitioners contend that their pension amounts have been substantially reduced when a wage revision was effected, due to the non-inclusion of the special allowance in the calculation of pay for the purpose of basic pension. It is stated that recovery has been effected from the arrears of commuted value of pension due to the petitioners by Exhibit P5 proceedings which is also under challenge.

    Heard the learned counsel for the petitioners and the learned standing counsel appearing for the respondents.

    It is contended by the learned counsel for the petitioners that Exhibit P2 Pension Regulations are statutory in character. Regulation 2(d) of Exhibit P2 Pension Regulations defines average emoluments as the average of the pay drawn by the employee during the last ten months of his service in the bank. Pay is defined as basic pay including stagnation increments, if any, and all allowances counted for the purpose of making contribution to the Provident Fund and for payment of Dearness Allowance. It is stated that the petitioners had been granted pension, taking note of the average emoluments drawn as provided in Regulation 2(d). It is stated that the pay and allowances as well as the pension of retired employees underwent an enhancement on the basis of Exhibit P6 Joint Note dated 25.5.2015. It is stated that the petitioners had been granted pension and all allowances on the basis of the revised pay scale, but by Exhibit P5 proceedings, it appears that amounts had been recovered from the commutation arrears due to the petitioners. The petitioners were also given a statement of fixation, which revealed that amounts have been recovered from their commutation arrears, since their pension had been reduced due to the fact that the special allowances granted to them as an addition to pay was not reckoned for the purpose of calculating pension. It is stated that the action of the respondents in effecting a pay revision which results in reducing the pension payable to the petitioners, who had already retired from service as on the date of the Joint Note and in deducting amounts from the legally entitled amounts due to the petitioners is completely unwarranted and is arbitrary and unsustainable. The learned counsel for the petitioners would rely on the decision of the Apex Court in State of Rajasthan and others v. Mahendra Nath Sharma [Civil Appeal No.1123 of 2015 and connected cases] to contend that pension is not bounty but a legal right of the petitioners which is accrued to them by virtue of long years of service and as such there can be no recovery from pension. The judgment of the Apex Court in Bank of Baroda and another v. G.Palani and others (Civil Appeal No.5525/2012 dated 13.02.2018) is also relied on.

    A counter affidavit has been placed on record by the respondents. It is contended therein that the petitioners had retired from service on 30.11.2013, 30.11.2014, 30.01.2015 and 28.2.2015 respectively. It is stated that payment of pension is regulated by Exhibit P6 wage revision accord signed by Indian Banks Association and the Officers Associations. It is stated that a writ petition filed challenging one of the conditions of the Joint Note is not maintainable in view of the fact that the Joint Note is the result of a series of consultations and negotiations between the Banks and the Employees Association and it has to be seen as a package deal and cannot be challenged on piece-meal basis. It is stated that neither the Indian Banks’ Associations nor the Unions or Associations who had participated in the negotiations and had entered into the Joint Note are parties to the writ petition. It is contended that the decision of the Apex Court in G.Palani‘s case has no application, since in the instant case, there is no deduction from any amounts due to the petitioners under any statute and deduction is on account of the specific provision contained in the Joint Note. It is further stated in paragraphs 30 and 31 of the counter affidavit which read as follows:-

    It is submitted here that the pay structure of the employees of PSBs’ are fixed based on the Settlement arrived on time to time. The settlement arrived in the year 2015 is called 10th bipartite settlement/ Joint Note date 25.5.2015 same is applicable for 1.11.2012 to 31.10.2017. Before this settlement, the writ petitioners were drawing salary/pension from the Bank based on this settlement/Joint Note dated 27.4.2010. Hence, once the 10th bipartite settlement/Joint Note dated 25.5.2015 was entered, based on the PSBs’ were required to recalculate the salary/pensions based on the 10th bipartite settlement dated 25.5.2015.

    Based on the recalculation, the Bank has paid more amount as pension to the petitioners however the petitioners were eligible for arrears in commutation. Hence the difference amount was recovered from the arrears commutation and the petitioners got arrears on salary/commutation as mentioned in reply to para 6 of writ petition.“

    The learned standing counsel would place reliance on the decision of the Apex Court in Union Bank of India and others v. United Bank of India Retirees, Welfare Association and others [2016 KHC 6432] to contend that the Apex Court has held that a Joint Note is a package deal and it would be impossible to hold certain parts as good and accepted, while finding other parts to be bad. An interference made by the High Court in one of the provisions of a Joint Note with regard to applicability of dearness relief was found to be bad and was reversed by the Apex Court.

    I have considered the contentions advanced. The essential challenge raised in the writ petition is against the provision in the Joint Note to the extent it is contrary to the provisions of the pension regulations. The Apex Court in United Bank of India’s case (supra) has considered the applicability of a Joint Note in the case of workmen governed by the provisions of the Industrial Disputes Act and held that the Note being a package deal, the petitioners who are governed by the provisions of the Note cannot challenge a specific provision thereof, while enjoying the special benefits granted by the Note.

    However, in Bank of Baroda v. G.Palani and others, the Apex Court drew a distinction where the aggrieved employees are officers who retired from the Bank in question. It was held that the provisions of the Industrial Disputes Act, 1947 are not applicable to such officers. It was held that the Pension Regulations framed under Section 19 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 are statutory in character. In the circumstances, in view of the definition of average emoluments at Regulation 2(d), Pay at Regulation 2(s) and the provision for calculating pension at Regulation 35, it was held that employees are to be paid pension as provided in the Regulations and no reduction from the same is possible, relying on the provisions of a Joint Note, which has no statutory force, unless the Regulations are appropriately amended. It was held in paragraph 28 of the judgment as follows:-

“28. Thus joint note/agreement could not have been in derogation of the existing statutory Regulations and regulation 2(s)(c) could not have been given retrospective effect. It is also apparent from the decisions of this Court in P.Sadagopan vs.Food Corporation of India [(1997) 4 SCC 301], that executive instructions cannot be issued in derogation of the statutory Regulations. The settled position of law is that no Government Order, Notification or Circular can be a substitute of the statutory rules framed with the authority of law. In Dr.Rajinder Singh v. State of Punjab & Ors (2001) 5 SCC 482, this Court had reiterated that the settled position of law is that no government order, notification or circular can be a substitute of the statutory rules framed with the authority of law. In K.Kuppuswamy & Anr.v. State of Tamil Nadu (1998) 8 SCC 469, this Court has observed that statutory rules cannot be overriden by executive orders or executive practice. Merely because the Government had taken a decision to amend the rules, does not mean that the rule stood obliterated. Till the rule is amended, the rule applies.”

The amendment to Regulation 2(s) of the Pension Regulations was struck down as arbitrary and repugnant to Regulation 2(d), 35 and 38(1) and (2).

    In the above view of the matter, I am of the opinion that the prayers sought for in the writ petition are liable to be allowed. The petitioners are entitled to pension in terms of the Pension Regulations especially Regulation 2(d) and 35 thereof. The respondents are directed to revise the basic pension of the petitioners in accordance with the provisions of the Corporation Bank (Employees) Pension Regulation, 1995 by taking into account the Special Allowances introduced in Exhibit P6 as part of pay for the purpose of Basic Pension. There will be a direction to the 2nd respondent to recalculate the commutation pension of the petitioners on the basis of the revised basic pension by including the special allowance introduced vide Exhibit P6 and to refund the pension arrears recovered from the petitioners as per Exhibits P5. P5(a),P5(b) and P5(c). The necessary shall be done within a period of three months from the date of receipt of a copy of this judgment.

The writ petition is ordered accordingly.

Sd/-
Anu Sivaraman, Judge
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