Sunday, 23 November 2014
Is Interim Relief Likely for Central Government Employees?
Is it really possible for Central Government employees to get an interim relief this time? Let us look at it in detail.
‘Interim Relief’ may be defined as the temporary relief given to employees before the new Pay Commission’s recommendations are implemented. ‘Interim relief will be treated sui generis’, most of the Finance Ministry orders included the sentence when sanctioning interim relief.
If one looks at the interim relief granted in 1983 and 1993, it can also be inferred that interim relief is granted in order to correct the errors in salary revision once every ten years. One gets the feeling as if an entire Pay Commission was lost simply for the sake of a small hike.
During the previous Pay Commission, particularly in 5th CPC, since 50% DA Merger was granted, there was no interim relief.
Here are some of the reasons why interim relief is normally granted :
* It has been granted a number of times before, in the past.
* DA Merger hasn’t been sanctioned this time
* Prices have touched the skies
* Some errors in the formulation of once-in-a-decade Pay Commission…etc.,
Reasons cited for the Government’s refusal to sanction DA Merger/interim relief:
* 7th Pay Commission was constituted at the justify time.
* There was no recommendation for DA Merger in the 6th Pay Commission
* There was a recommendation against DA merger in the 6th Pay Commission (the Commission is, therefore, not recommending merger of dearness allowance with basic pay at any stage).
* In the event that the Price Index is taken as 115.76 instead of 306.33 for the DA calculations.
All the Central Government Employees Unions and Federations are functioning with the intention of getting the DA merged with the basic pay. If that doesn’t happen, these federations are hoping that interim relief will be offered through the 7th Pay Commission’s interim report.
This is very much possible if Modi Government is willing to accept the demand.
And one more updation on this issue, Member of Parliament Shri.Shantaram Naik asked some questions about the 7th Pay Commission including submission of interim report as follows…
7th Pay Commission
230. SHRI SHANTARAM NAIK: Will the Minister of FINANCE be pleased to state:
(a) the details of meetings, the 7th Pay Commission has taken so far and the items/ issues discussed till date;
(b) the States, visited, by the Commission if any till date and the States which the Commission proposes to visit;
(c) whether the Commission proposes to take the views of the State Governments as regards their pay-scales since invariably, most of the States adopt the Central Pay Commission reports;
(d) whether Commission proposes to submit any interim report;
(e) whether the Commission proposes to make any recommendations to bring in financial transparency; and
(f) if so, the details thereof?
The written answers of above said questions will be available on or after 25th November 2014.
FM Against Burdening Salaried, Middle Class
Finance Minister Arun Jaitley today said that he does not favourburdening salaried and middle-class with more taxes but would go after the evaders in widening the net.In fact, he would encourage more money being put in the pockets of tax payers that will lead to spending and collection of more indirect taxes.
“This widening of the tax base. What does it mean? …I pay the same indirect tax as my attendant. Our volume of consumption may be different. So everybody is paying indirect taxes.
“And literally almost half your taxes are indirect taxes today. He pays excise, he payscustoms duty, he pays service tax. Now as far as income tax is concerned, to bring those who evade tax is widening the tax net, I am all for it,” the Minister said in an interaction.
He was replying to a question on whether his budget would look at widening the tax base to maximise revenue.
Jaitley, who will be presenting his first full fledged budget in February, said that in his last budget he had increased the tax exemption limit from Rs 2 lakh to Rs 2.5 lakh and would even raise it further if he had more money.
“After all what are we talking about Rs 2.5 lakh today means, taking all the deductions which we have given, somebody up to Rs 3.5-4 lakh does not have to pay tax. So we have reached the situation broadly.
“One earning Rs 35,000-40,000 per month, if the person puts some money for savings, (he) won’t have to pay tax. But people falling in this bracket say that they don’t save anything with salary of Rs 35,000-40,000 (with) the present cost of living, the transport cost, the fees of children and so on,” Jaitley said.
Therefore, the Minister said, he was against reducing the exemptions to widen the tax net. “Then that’s not my approach,” he added.
“So I am quite willing, if I had my way and I had more money in my pocket, I would like to expand. But today the revenue position is challenging. Last time I gave several concessions, which were actually beyond my means.
“But it’s all fine to bring those who evade tax under the tax net. But to bring this vulnerable section into the tax net, that can’t be the policy today. In fact if you put additional money in their pockets and allow them to spend, then I collect correspondingly more indirect taxes so I will rather encourage more economic activity.”
On black money within the country, he said: “It is huge quantity and more easily traceable. Because you go to real estate, you go to land, you go to mining, you go to jewellery, you go to luxury goods, you will find the domestic (black money). You go to educational institutions, you will find it there. Therefore to trace out the buyers and the recipients is also easy.”
ALL INDIA PENSIONERS' FORUM FOR RETIRED OFFICERS OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX DEPARTMENT.
A Pensioners' Division of IRS(C&CE) Promotee Officers' Association has been formed in the name and style "All India Pensioners' Forum for retired Officers of Central Excise, Customs and Service Tax Department" While Shri V.Unikrishna is Convener of this Forum, Shri Ashoke Sarkar is Joint Convener of such Forum.
"As per existing instructions, half a-day’s casual leave should be debited for each day of late attendance, but late attendance upto an hour, on not more than two occasions in a month"...
Govt introduces Aadhar enabled bio-metric attendance system
The Centre on Friday decided to phase-out manual attendance system and use an Aadhar enabled bio-metric attendance system (AEBAS) in all its offices.
“It has been decided to use an Aadhar enabled bio-metric attendance system in all offices of the central government, including attached and sub-ordinate offices, in India,” said an order issued by the Department of Personnel and Training (DoPT).
Aadhar is a 12 digit individual identification number issued by the Unique Identification Authority of India on behalf of the central government.
The system will be installed in the offices located in New Delhi by this year end.
In other places this may be installed by January 26, 2015, it said.
The Department of Electronics and Information Technology (DeitY) will provide technical guidance for installing the system, the order said.
The equipment will be procured by the ministries or departments as per specifications of DeitY on Directorate General of Supplies and Disposals (DGS&D) rate contract from authorised vendors.
The expenditure will be met by the ministries or departments concerned. “The manual system of attendance may be phased out accordingly,” it said.
The bio-metric attendance system is only an enabling platform. There is no change in the instructions relating to office hours, late attendance etc. which will continue to apply, the order said.
As per existing instructions, half a-day’s casual leave should be debited for each day of late attendance, but late attendance upto an hour, on not more than two occasions in a month, and for justifiable reasons may be condoned by the competent authority.
“Disciplinary action may also be taken against government servants who are habitually late. Early leaving is also to be treated in the same manner as late coming,” the instructions said.
All central government ministries and departments have been asked by the DoPT to follow the orders which comes into force “with immediate effect”.
Dopt said in the order that the Aadhar Based Bio-Metric Attendance system will be installed in the offices located in Delhi/ New Delhi by 31st December 2014. In other places this may be installed by 26th January 2015.
Biometric attendance system is only an enabling platform. There is no change in the instructions relating to office hours, late attendance etc. which will continue to apply.
Introduction of Aadhar Enabled Bio-metric Attendance System - Dopt Orders issued on 21.11.2014
No: 11013/9/2014- Estt (A-III)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
New Delhi, dated 21st November 2014.
Sub: Introduction of AADHAR Enabled Bio-metric Attendance System
It has been decided to use an AADHAR Enabled Bio-metric Attendance System (AEBAS) in all offices of the Central Government, including attached/ sub-ordinate Offices, in India. The system will be installed in the offices located in Delhi/ New Delhi by 31st December 2014. In other places this may be installed by 26th January 2015
2. The equipment will be procured by the Ministries/ Departments as per specifications of DeitY on DGS&D Rate Contract from authorized vendors. The expenditure will be met by the Ministries/ Departments concerned under their O.E. The manual system of attendance may be phased out accordingly.
3. The Department of Electronics and Information Technology (DeitY) will provide the technical guidance for installing the system. The equipment already procured by DeitY have a built in AMC of three years. The Ministries/ departments may ensure that the equipment being procured by them have similar provision.
4. Biometric attendance system is only an enabling platform. There is no change in the instructions relating to office hours, late attendance etc. which will continue to apply. As per extant instructions, (contained in DoPT O.M. No: 28034/8/75- Estt-A dated 04-07-1975; No:28034/10/75-Estt-A dated 27-08-1975; No: 28034/3/82 —Estt-A dated 05-03-1982) half—a-day’s Casual Leave should be debited for each day of late attendance, but late attendance upto an hour, on not more than two occasions in a month, and for justifiable reasons may be condoned by the competent authority. In addition to debiting Casual Leave (or Earned Leave, when no CL is available). Disciplinary action may also be taken against government servants who are habitually late. Early leaving is also to be treated in the same manner as late coming.
5. These orders come into force with immediate effect.
6. All Ministries/ Departments are requested to bring this to the notice of all concerned.
Friday, 21 November 2014
A WELFARE ASSOCIATION IN THE NAME AND STYLE INDIAN REVENUE SERVICE(CUSTOMS & CENTRAL EXCISE PROMOTEE OFFICERS’ ASSOCIATION HAS BEEN FROMED RECENTLY AMONGST THE SERVING PROMOTEE IRS(C&CE) OFFICERS AS WELL AS RETIRED IRS(C&CE) PROMOTEE OFFICERS ON ALL INDIA BASIS. THIS INDIAN REVENUE SERVICE (CUSTOMS & CENTRAL EXCISE) PROMOTEE OFFICERS' ASSOCIATION HAS NOT ONLY DEDICATED TO THE PROMOTEE IRS OFFICERS BUT ALSO DEDICATED FOR WELFARE OF ENTIRE CENTRAL EXCISE & CUSTOMS FRATERNITY. A DIVISION UNDER THIS ASSOCIATION HAS BEEN CREATED IN THE NAME AND STYLE “FORUM FOR RETIRED OFFICERS OF CENTRAL EXCISE AND CUSTOMS DEPARTMENT FOR WELFARE OF ALL RETIRED EMPLOYEES, (RETIRED FROM CENTRAL EXCISE AND CUSTOMS DEPARTMENT) ON ALL INDIA BASIS. ALL THE RETIRED EMPLOYEES OF CUSTOMS AND CENTRAL EXCISE DEPARTMENT ARE REQUESTED TO FORM STATE WISE UNITS AND INTIMATE FOR PROPER CO ORDINATION. THIS IRS (C&CE) PROMOTEE OFFICERS’ ASSOCIATION WILL SUBMIT MEMORANDUM TO 7TH CPC AND DEPARTMENT OF PENSIONERS' WELFARE FOR BENEFITS OF PENSIONERS
Thursday, 20 November 2014
Central Civil Services (Classification, Control and Appeal) Rules, 1965 – Advice of the UPSC to be communicated to the delinquent Government servant – Amendment – regarding.
The Disciplinary Authority shall forward or cause to be forwarded to UPSC for its advice:
A copy of the report of the Inquiring Authority together with its own tentative reasons for disagreement, if any, with the findings of Inquiring Authority on any article of charge; and
Comments on the representation of the Government servant on the Inquiry report and disagreement note, if any, with all the case records of the inquiry proceedings.
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
North Block, New Delhi- 110 001
Dated November 19th, 2014
Subject: Central Civil Services (Classification, Control and Appeal) Rules, 1965 – Advice of the Union Public Service Commission (UPSC) to be communicated to the delinquent Government servant – Amendment – regarding
The Hon’ble Supreme Court in its judgment on 16.03.2011, while dismissing the Civil Appeal No. 5341 of 2006 in the matter of Union of India & Ors. v/s S. K. Kapoor, had held that it is a settled principle of natural justice that if any material is to be relied upon in departmental proceedings, a copy of the same must be supplied in advance to the charge sheeted employee so that he may have a chance to rebut the same. The Hon’ble Court also observed that there may be a case where the report of the Union Public Service Commission (UPSC) is not relied upon by the disciplinary authority and in that case it is certainly not necessary to supply a copy of the same to the concerned employee. However, if it is relied upon, then a copy of the same must be supplied in advance to the concerned employee, otherwise, there will be violation of the principles of natural justice.
2. The matter was examined in consultation with Department of Legal Affairs and it was decided that in compliance of the above judgement, a copy of the advice of UPSC, if consulted, may be provided to the Charged Officer, before a final decision is taken in disciplinary proceedings. As the UPSC are also consulted in the processes relating to Appeal and Review, it was decided to also extend the benefit of supply of the advice to these cases as well.
3. The rules 15, 16, 17, 19, 27, 29 and 29-A of the Central Civil Service (Classification, Control and Appeal) Rules, 1965, have since been amended vide G.S.R. No. 769(E) dated 31.10.2014. A copy of the Gazette Notification is enclosed. The Notification is also available on the website of this Department at http://persmin.nic.in/DOPT.asp under OM & Orders -> Establishment -> CCS (CCA Rules). There is no change in the procedure upto the stage of consultations with UPSC. The amendment provides that a copy of UPSC advice is to be supplied to the Government servant and his representation, if any, on such advice is to be considered by the Disciplinary/ Appellate/ Revisionary/ Reviewing Authority, as the case may be, before passing the final order.
4. In brief, in the disciplinary cases, where the UPSC are to be consulted, the following procedure should be adopted:
a) The Disciplinary Authority shall forward or cause to be forwarded to UPSC for its advice:
(i) a copy of the report of the Inquiring Authority together with its own tentative reasons for disagreement, if any, with the findings of Inquiring Authority on any article of charge; and
(ii) comments on the representation of the Government servant on the Inquiry report and disagreement note, if any, with all the case records of the inquiry proceedings.
b) On receipt of the UPSC advice, the Disciplinary Authority shall forward or cause to be forwarded a copy of the advice to the Government servant who shall be required to submit, if he so desires, his written representation/ submission to the Disciplinary Authority within fifteen days. The Disciplinary Authority shall consider such representation and take action as prescribed in sub-rules (4), (5) and (6) of Rule 15 of CCS (CCA) Rules, 1965.
5. Similarly, in matters relating to Appeal/ Revision/ Review, a copy of the UPSC advice, if consulted, may be supplied to the Government servant and his representation, if any, thereon may be considered by the Appellate/ Revisionary/ Reviewing Authority before passing final orders.
6. All Ministries/ Departments/Offices are requested to bring the revised guidelines to the notice of all concerned authorities under their control.
7. Hindi version will follow.
(J. A. Vaidyanathan)