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WOMAN EMPLOYEE OF THE CENTRAL GOVERNMENT CAN AVAIL UNINTERRUPTED 730 DAYS OF CHILD CARE LEAVE – HON’BLE SUPREME COURT DECIDES IN FAVOUR OF WOMAN GOVERNMENT EMPLOYEE WHOSE CCL WAS RESTRICTED TO 45 DAYS

Issue in Brief :

 The Woman Employee concerned applied for Child Care Leave for period of 6 months intitially to take care of her son who was in 10th Std. While her request for CCL was pending she applied for CCL for a period 2 years, which was restricted by the Department to 45 days. Aggrieved by this order she approached CAT where she got favourable orders. However, Department filed an appeal against the order of CAT before Hon’ble High Court, the case which was allowed by Hon’ble High Court in favour of Department by observing the CCL can not be claimed as matter of right. Now in the Civil Appeal filed by the woman employee against the judgement of High Court, Hon’ble Supreme Court  in

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4506 OF 2014

(arising out of SLP (C) No. 33244 of 2012)

KAKALI GHOSH

 

… APPELLANT

 

VERSUS

 

CHIEF SECRETARY,

ANDAMAN & NICOBAR

ADMINISTRATION AND ORS

 

…RESPONDENTS

J U D G M E N T

Sudhansu Jyoti Mukhopadhaya, J.

 has decided that Woman employee of the Central Government can avail 2 years of Child Care Leave without any break.

 

 

7th CPC Questionnaire

GOVERNMENT OF INDIA

SEVENTH CENTRAL PAY COMMISSION

NEW DELHI-110001

Meena Agarwal

Secretary

D.O No. 7CPC/15/Questionnaire

9th April, 2014

 

Dear ………..,

 

As you may be aware the Seventh Central Pay Commissions has been constituted by the Government on 28 February 2014 with a view to go into various issues of emoluments’ structure, retirement benefits and other service conditions of Central Government employees and to make recommendations on the changes required. The terms of reference of the Seventh Central Pay Commission are available on the http://7cpc.india.gov.in .

 

2. A Questionnaire seeking the considered views of all stakeholders is enclosed. The response of your Ministry to this Questionnaire is sought. I shall be grateful if the replies are furnished to the Commission on or before 10th May, 2014, so as to enable the Commission to take them into account as part of its examination of the issues that it is mandated to address. The reply may be sent to Post Box No. 4599, Hauz Khas P.O, New Delhi 110 016, and in the case of email to secy-7cpc@nic.in.

 

Encl:- As above.

With Regards,

Yours sincerely,

(Meena Agarwal)

To all Secretaries to Govt of India

 

7th CPC Questionnaire

1. Salaries

1.1 The considerations on which the minimum salary in case of the lowest Group ‘C’ functionary and the maximum salary in case of a Secretary level officer may be determined and what should be the reasonable ratio between the two.

1.2 What should be the considerations for determining salary for various levels of functions falling between the highest level and the lowest level functionaries?

2. Comparisons

2.1 Should there be any comparison/parity between pay scales and perquisites between Government and the private sector? If so, why? If not, why not?

2.2 Should there at all be any comparison/parity between pay scales and perquisites between Government and the public sector? If so, why? If not, why not?

2.3 The concept of variable pay has been introduced in Central Public Sector Enterprises by the Second Pay Revision Committee. In the case of the Government is there merit in introducing a variable component of pay? Can such variable pay be linked to performance?

3. Attracting Talent

3.1 Does the present compensation package attract suitable talent in the All India Services & Group A Services? What are your observations and suggestions in this regard?

3.2 To what extent should government compensation be structured to attract special talent?

4. Pay Scales

4.1 The 6th Central Pay Commission introduced the system of Pay Bands and Grade Pay as against the system of specific pay scales attached to various posts. What has been the impact of running pay bands post implementation of 6th CPC recommendations?

4.2 Is there any need to bring about any change?

4.3 Did the pay bands recommended by the Sixth CPC help in arresting exodus and attract talent towards the Government?

4.4 Successive Pay Commissions have reduced the number of pay scales by merging one or twopay scales together. Is there a case for the number of pay scales/ pay band to be rationalized and if so in what manner?

4.5 Is the “grade pay” concept working? If not, what are your alternative suggestions?

5. Increment

5.1 Whether the present system of annual increment on 1st July of every year uniformly in case of all employees has served its purpose or not? Whether any changes are required?

5.2 What should be the reasonable quantum of annual increment?

5.3 Whether there should be a provision of variable increments at a rate higher than the normal annual increment in case of high achievers? If so, what should be transparent and objective parameters to assess high achievement, which could be uniformly applied across Central Government?

5.4 Under the MACP scheme three financial up-gradations are allowed on completion of 10, 20, 30 years of regular service, counted from the direct entry grade. What are the strengths and weaknesses of the scheme? Is there a perception that a scheme of this nature, in some Departments, actually incentivizes people who do not wish to take the more arduous route of qualifying departmental examinations/ or those obtaining professional degrees?

6. Performance

What kind of incentives would you suggest to recognize and reward good performance?

7. Impact on other organizations

Salary structures in the Central and State Governments are broadly similar. The recommendations of the Pay Commission are likely to lead to similar demands from employees of State Governments, municipal bodies, panchayati raj institutions & autonomous institutions. To what extent should their paying capacity be considered in devising a reasonable remuneration package for Central Govt. employees?

8. Defence Forces

8.1 What should be the considerations for fixing salary in case of Defence personnel and in what manner does the parity with civil services need to be evolved, keeping in view their respective job profiles?

8.2 In what manner should the concessions and facilities, both in cash and kind, be taken into account for determining salary structure in case of Defence Forces personnel.

8.3 As per the November 2008 orders of the Ministry of Defence, there are a total of 45 types of allowances for Personnel Below Officer Rank and 39 types of allowances for Officers. Does a case exist for rationalization/ streamlining of the current variety of allowances?

8.4 What are the options available for addressing the increasing expenditure on defence pensions?

8.5 As a measure of special recognition, is there a case to review the present benefits provided to war widows?

8.6 As a measure of special recognition, is there a case to review the present benefits provided to disabled soldiers, commensurate to the nature of their disability?

9. Allowances

9.1 Whether the existing allowances need to be retained or rationalized in such a manner as to ensure that salary structure takes care not only of the job profile but the situational factors as well, so that the number of allowances could be at a realistic level?

9.2 What should be the principles to determine payment of House Rent Allowance?

10. Pension

10.1 The retirement benefits of all Central Government employees appointed on or after 1.1.2004 a re covered by the New Pension Scheme (NPS). What has been the experience of the NPS in the last decade?

10.2 As far as pre-1.1.2004 appointees are concerned, what should be the principles that govern the structure of pension and other retirement benefits?

11. Strengthening the public governance system

11.1 The 6th CPC recommended upgrading the skills of the Group D employees and placing them in Group C over a period of time. What has been the experience in this regard?

11.2 In what way can Central Government organizations functioning be improved to make them more efficient, accountable and responsible? Please give specific suggestions with respect to:

a) Rationalisation of staff strength and more productive deployment of available staff;

b) Rationalisation of processes and reduction of paper work; and

c) Economy in expenditure.

12. Training/ building competence

12.1 How would you interpret the concept of “competency based framework”?

12.2 One of the terms of reference suggests that the Commission recommend appropriate training and capacity building through a competency based framework.

a) Is the present level of training at various stages of a person’s career considered adequate? Are there gaps that need to be filled, and if so, where?

b) Should it be made compulsory that each civil service officer should in his career span acquire a professional qualification? If so, can the nature of the study, time intervals and the Institution(s) whose qualification are acceptable, all be stipulated?

c) What other indicators can best measure training and capacity building for personnel in your organization? Please suggest ways through which capacity building can be further strengthened?

13. Outsourcing

13.1 What has been the experience of outsourcing at various levels of Government and is there a case for streamlining it?

13.2 Is there a clear identification of jobs that can be outsourced?

14. Regulatory Bodies

14.1 Kindly list out the Regulators set up under Acts of Parliament, related to your Ministry/ Department. The total number of personnel on rolls (Chairperson and members + support personnel) may be indicated.

14.2 Regulators that may not qualify in terms of being set up under Acts of Parliament but perform regulatory functions may also be listed. The scale of pay for Chairperson /Members and other personnel of such bodies may be indicated.

14.3 Across the Government there are a host of Regulatory bodies set up for various purposes. What are your suggestions regarding emoluments structure for Regulatory bodies?

15. Payment of Bonus

One of the terms of reference of the 7th Pay Commission is to examine the existing schemes of payment of bonus. What are your suggestions and observations in this regard?

 

 

Delay in Government Inquiry No Bar on Promotion

 

The Central Administrative Tribunal asked Tamil Nadu government to consider promoting an Indian Forest Officer to rank of Chief Conservator of Forests, observing that an officer could not be penalised for inordinate delay on the part of government in completing disciplinary inquiries against him.

IFS officer Ramachandra Pati joined as Assistant Conservator of Forests in 1985. He was promoted to Conservator of Forests in 2004. He became eligible for promotion to Chief Conservator of Forests in 2010. However, disciplinary proceedings for his alleged shortfall in performance under Tamil Nadu Afforestation Programme were initiated in 2005 and 2006, said Pati in his petition. These proceedings were not completed after a lapse of around five years. In his current petition Pati pleaded that inquiry report be opened and government act on the recommendations.

Countering his arguments, the government said the delay was because of Pati’s refusal to cooperate with the inquiry authorities. But the inquiry had been completed

Further, “if an officer with pendency charges of a grave nature is promoted to the next level without reference to the disciplinary proceedings, there will be no meaning in initiating such proceedings”, it said adding the “punishment of censure” was imposed on Pati.

The bench of judicial member K Elango and administrative member P Prabhakaran disposing of the petition asked the government to consider Pati for promotion as an officer cannot be held liable for delay of an inquiry.

Source: http://www.newindianexpress.com

MERGER OF DA WITH PAY OF CENTRAL GOVERNMENT EMPLOYEES – MINISTER’S REPLY IN THE LOK SABHA

 

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
LOK SABHA

UNSTARRED QUESTION NO 2831

ANSWERED ON 07.02.2014

 

MERGER OF DA WITH PAY

UNSTARRED QUESTION 2831

Shri RANJAN PRASAD YADAV/ AVTAR SINGH BHADANA

Will the Minister of FINANCE be pleased to state:-

ANSWER

MINISTER OF THE STATE IN THE MINISTRY OF FINANCE SHRI NAMO NARAIN MEENA)

(a) the percentage of Dearness Allowance (DA) with respect to basic pay of the CentralGovernment Employees as on date;

(b) whether there is any proposal to merge 50 per cent DA into basic pay of Central Government Employees and Pensioners;

(c) if so,  the details thereof; and

(d) if not, the reasons therefor?

(a) With effect from 1st July, 2013, the rate of Dearness Allowance (DA) payable on the revised pay of Central Government employees is 90%.

(b) No Sir.

(c) In view of (b) above, the Question does not arise.

(d) The Sixth Central Pay Commission did not recommend merger of DA with basic pay at any stage. This has been accepted by the Government vide Resolution dated 29th August, 2008.

Source : loksabha.nic.in

Update by SG-AIACEGEO

R PRESENT POSITION AND IN SITU PROMOTIONS.

 
Dear friends,
 
namaste.
 
1. I am getting regular queries regarding the clearance of reorganisation/allocation file by the FM. Current status is that it has been returned by the FM office to bring on 24.04.14 as FM couldn't attend the office on 09.04.14 to till date. Now, he is expected to come to office on 24.04.14.  
 
2. I am also getting queries about the status of newly promoted AC's on in-situ basis. Actually, here in-situ means is to work at place of posting itself as AC. It doesn't mean to perform the duties of Superintendent as in-situ AC. The Board was also consulted today on this issue. It was clarified that the officers have to assume the charge of AC only as also mentioned in the para 5 of the promotion order. Thus, these officers are to be posted as AC on their present place of posting till transfer orders are issued. Para 3 and 5 of the promotion order are self explanatory in this regard. Sh. Josef Antony, the concerned Under Secretary, may be contacted on phone by the field authorities for any clarification.
 
Love,
 
 
Ravi Malik.
SG/AIACEGEO

 

Hyderabad Customs arrests one more person in Gold Smuggling case

Hyderabad Customs has arrested one Shujath Ali from Dubai who allegedly gave gold biscuits to an airhostess who was caught with 13 KGs of gold on Wednesda in RGIA.  The arrest was made on the information provided by the  Emirates Airlines airhostess  Sadas Khan. The man was brought to the city and further investigations and interrogations are on to unravel the larger gold smuggling racket. 

It is becoming clear that there is an international gold smuggling racket that is operating for smuggling of gold into the country from RGIA, Hyderabad. In the year 2013-14 itself around 60 KGs worth Rs. 18 Crores Gold has been seized by Hyderabad Customs in RGIA.

Sadas Khan was arrested and produced in the Economic Offences Court at Nampally, Hyderabad which has awarded her fourteen days judicial remand.  Sadas Khan has reportedly confessed that Shujath Ali came with her in the same flight and after coming to know about  the gold seizure by AIU,  he fled to Dubai. On alert, Dubai Officials have detained him on his arrival there and  was sent back to Hyderabad in another flight. 

Hyderabad Customs has arrested 28 smugglers and 68 cases have booked against them during the year 2013-14. During this year around 8 Kgs of Gold worth 2.20 Crores has so far been seized by Hyderabad Customs. 

Hyderabad Customs seizes 2.7 KG of Gold from a passenger in RGIA, Hyderabad

Hyderabad Customs has sezied 2.7 Kgs of Gold worth around Rs. 1 Crore in RGIA, Hydrabad  being smuggled by a passenger Ms. Fathima who arrived from Dubai by Qatar Airways this morning.

Of late, Hyderabad Customs has been doing  remarkable and commendable job in containing, controlling and seizing of  Gold being brought in illegally by several passengers.

KUDOS Hyderabad Customs. Job being well done. Keep it up. 

CHILDREN EDUCATION ALLOWANCE – Supplement FAQ RELEASED BY DOPT

DOPT has issued FAQ on Children Education Allowance supplement the FAQs in respect of Estt. (Allowances) Section already placed in public domain vide F. No. 21011/08/2013-Estt.(AL)

No. I-11020/1/2014-Estt.(AL)

Government of India/Bharat Sarkar

Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training

 


                                                 Establishment (Allowances) Section

 


Children Education Allowance Scheme (CEA)

SI. No.

Frequently asked Questions

Answer

1.

Whether the examination fees as charged by the school is reimbursable?

“Examination fee” has been included as part of reimbursable items as indicated in para 1(e) of O.M. dated 2nd September, 2008, subject to the fulfillment of other existing conditions vide OM No.12011/01/2012-Estt.(AL) dated 31-07-2013. The said orders do not have a retrospective effect.

2.

Whether reimbursement of amount of fee paid during 1st and 2nd quarter could be claimed in 3rd or 4th quarter, without the fee receipts of the 3rdand 4th quarter?

No. As it is reimbursement for the whole year, original receipts for the fee paid for the 3rd/4th quarter has to be submitted to ensure that the child has not dropped out of the school in the mid-session. O.M. No.12011/01/2013- Estt.(Allowances) dated 23.04.2013 refers.

3.

Whether a Government servant is required to give a certificate that the spouse, if earning, has not claimed CEA?

Yes. In terms of O.M. No.12011/01/2013-Estt. (Allowances) dated 23.04.2013, the claimant Government servant is required to furnish an undertaking that reimbursement of CEA has not been claimed in respect of the child by the spouse of the claimant.

 

 

Govt. says no timelimit for submission of report by 7th CPC

It is  not possible to indicate the exact time by which the Report of the 7th CPC will be submitted & The 6th Central Pay Commission did not recommend merger of Dearness Allowance with basic pay at any stage.

 

GOVERNMENT OF INDIA
MINISTRY OF  FINANCE
RAJYA SABHA
UNSTARRED QUESTION NO-2057

ANSWERED ON-11.02.2014

Seventh Pay Commission


2057 . SHRI NARENDRA KUMAR KASHYAP
Will the MINISTER OF FINANCE be pleased to state:

(a) Whether Government has announced constitution of Seventh Pay Commission for the Central Government employees;

(b) if so, the details thereof; and

(c) the time by which the Pay Commission is expected to submit its report?

ANSWER
MINISTER OF STATE IN THE MINISTRY OF FINANCE
(SHRI NAMO NARAIN MEENA)

(a) and (b): Yes, Sir. The constitution of the 7th Central Pay Commission is as under:-

(i) Shri Justice Ashok Kumar Mathur – Chairman
(Retired Judge of the Supreme Court
and Retired Chairman,
Armed Forces Tribunal)

(ii) Shri Vivek Rae,  - Member (Full time)
(Secretary, Petroleum & Natural Gas)

(iii) Dr. Rathin Roy,  - Member (Part time)
(Director, National Institute
of Public Finance and Policy)

(iv) Smt. Meena Agarwal, – Secretary
(OSD, Department of Expenditure,
Ministry of Finance)

(c): It is not possible to indicate the exact time by which the Report of the Seventh Central Pay Commission will be submitted.

 
 

Merging of DA with basic pay of Central Government employees – Rajya Sabha News
 
GOVERNMENT OF INDIA
MINISTRY OF  FINANCE
RAJYA SABHA
UNSTARRED QUESTION NO-2062

ANSWERED ON-11.02.2014
 
Merging of DA with basic pay of Central Government employees
 

2062 . SHRI PRABHAT JHA, ARVIND KUMAR SINGH, KUSUM RAI

Will the Minister of FINANCE be pleased to state:

 
(a) whether Government is actively considering to merge existing dearness allowance payable to Central Government Employees with basic pay;
 
(b) if so, the details thereof, and if not, the reasons therefor; 
 
(c) whether Government has received any representation from employees associations in this regard;
 
(d) if so, the details thereof and the details of action taken thereon; and
 
(e) the reasons for delay in constitution of 7th Central Pay Commission?
 
ANSWER

MINISTER OF STATE IN THE MINISTRY OF FINANCE

( SHRI NAMO NARAIN MEENA)

 
(a) No Sir.
 
(b) The 6th Central Pay Commission did not recommend merger of Dearness Allowance with basic pay at any stage. This has been accepted by the Government vide Resolution dated 29th August, 2008. 
 
(c)&(d) A number of representations have been received from Associations/Organizations of Central Government Employees demanding merger of 50% of Dearness Allowance with basic pay. However, in view of (b) above, the same has not been agreed to. 
 
(e) The Government has already decided to constitute the 7th Central Pay Commission under the Chairmanship of Justice Ashok Kumar Mathur, Retired judge of the Hon’ble Supreme Court.

Finance Ministry rejects proposal to raise IT Exemption limit for salaried class

The Finance Ministry has rejected the recommendation of the Parliamentary Standing Committee, headed by former FM Shri Yashwant Sinha, on raising the income tax exemption limit to Rs. 3 lakh. The recomendation was made as part of the Committee's report on the Direct Taxes Code (DTC). Adjusting the slabs will cause tax revenue losses to the tune of Rs. 60,000 crore a year to the Exchequer, the Ministry has said.  It has, however, agreed to the recommendation on reducing the age for tax exemption for senior citizens from 65 years to 60 years. The Ministry has also rejected the recommendation on inflation-proofing the tax exemption. 

              The Parliamentary Committee had proposed no tax on income upto Rs. 3 lakh per annum; at the rate of 10 per cent for Rs. 3-10 lakh; 20 per cent for Rs. 10-20 lakh; and 30 per cent on annual income beyond Rs. 20 lakh. AT present there is no tax on income upto Rs. 2 lakh per annum. Income of Rs.2 to 5 lakh attracts tax at the rate of 10 per cent, 20  per cent on Rs. 5-10 lakh and 30 per cent on income beyond Rs. 10 lakh.