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Tuesday, February 18, 2014

'BJP vision panel may propose no income tax on salaried class'


'BJP vision panel may propose no income tax on salaried class'

Senior BJP leader Subramanian Swamy today said his party's vision committee might propose either "no income tax" on the service class or give full tax exemption on their net savings.

"The party's vision committee headed by Nitin Gadkari plans to propose either abolition of income tax on the service class or give full exemption of IT on their net savings," Swamy told reporters after delivering a lecture on "Indian Economy: Present Crisis and Way Forward" here.

Due to IT people are stashing away black money abroad to evade tax, he said, adding that the committee would propose the party to put tax on people earning more than Rs 1 lakh per month, and those saving in shares, bank, stock debentures should be given full relief from IT.

If rate of saving increases, the country GDP's will also increase, and it would help generate employment, Swamy said.

Source:BS

Government push for passage of bill to increase retirement age of HC judges


Government push for passage of bill to increase retirement age of HC judges

NEW DELHI: In a last push for the passage of a bill which seeks to increase the retirement age of High Court judges from 62 to 65 years, government has asked the Lok Sabha secretariat to bring up the legislation pending since December, 2011 for consideration and passage in this session.

The Winter session of Parliament - the last of the present Lok Sabha - will conclude on February 21. It leaves the government with only six sittings to pass the Constitutional amendment bill.

If the bill fails to be passed in this session, it will lapse with the dissolution of the 15th Lok Sabha.

On February 5, the Law Ministry had sent a notice to the Lok Sabha Secretary General to bring up the bill for consideration and passage.

The Constitution (114th Amendment) Bill, 2010 was taken up for discussion in Lok Sabha on December 28, 2011 amid pandemonium on Telangana issue. However, the discussions remained inconclusive.

On the same day, however, the lower house passed the Judicial Standards and Accountability Bill, which seeks to establish a credible and expedient mechanism for investigating individual complaints of misbehaviour or incapacity of a judge of the Supreme Court or of a High Court and to regulate the procedure for such investigation.

If the retirement age of High Court judges is increased to 65, it will match up to the one existing for Supreme Court judges.

The measure will help around 639 judges of the 24 High Courts in the country.

Sources said though the Law Ministry is keen on pushing the legislation, various political parties will have to be taken into confidence as constitutional amendment is needed for the purpose. A constitutional amendment needs support of two-thirds of the members present and voting in both Lok Sabha and Rajya Sabha.

Source:ET

Proposal for raising Retirement Age to 62 waits for Cabinet Nod


Proposal for raising Retirement Age to 62 waits for Cabinet Nod

We have heard it so many times . Every one of us got tired of hearing this rumour again and again. But this time this news may not fade away just as a rumour.

Because the series of events that had happened until now listed below are telling that it will be come true soon.

1. Though there is no any demand from any corner to raise the retirement age of central government employees to 62 years, a parliamentary panel has recommended a proposal to increase the retirement age of government servants to 65 years. The report of the standing committee of Parliament on social justice and empowerment tabled in the Parliament on 7th of this month. Ample justification also was given for their recommendation to increase the retirement age.

2. A reliable source close to a Cabinet Minister told that, the Cabinet Minister himself, while addressing to the Trade Union Wing of his party told ‘the Central Government would announce some important decisions in respect of central government employees within a week or two. This will be good news for all the central government employees.’

3. A close ally of a Central Minister told that, in a meeting held with the leaders of the state unit of his party day before yesterday, the Minister told the Leaders ‘a proposal of increasing retirement age of central government employees to 62 years has been waiting for Cabinet nod. It is expected that the cabinet will clear this proposal within a week. After it gets the Cabinet Nod, the formal announcement will be made by Central Government before the Election announcement.’

The above information clearly indicates that some Good News for central Government Employees are waiting to be announced within a week or two. All the central government employees know what that good news is!

 The expected good news will be either increasing retirement age or Merging 50% DA with Basic Pay or Both!

Source:http://www.gservants.com/2014/02/17/proposal-raising-retirement-age-62-waits-cabinet-nod/

Suspended employees are entitled to full benefits, says High Court


Suspended employees are entitled to full benefits, says High Court

MUMBAI :In a relief to a motorman of Central railway the Bombay High Court has ruled that suspended employees are entitled to the benefit of the period of suspension to be counted for the purpose of qualifying service for pensionary benefits.

A division bench of Justices V M Kanade and G S Kulkarni pointed out that the Central Administrative Tribunal had already granted benefit of subsistence allowance for the period of suspension. “If this logical consequence is not accepted an incongruous position would necessarily arise, in as much as on one hand benefit of revised pay scale during the suspension period would stand granted and on the other hand such period would not be taken into consideration for the purpose of pensionary benefits. Mere suspension does not sever the relationship of an employer and employee,” observed Justice Kulkarni.

On December 25, 1985, Central Railway’s driver J S Kharat was placed under suspension for being involved in a train collision. Subsequently, disciplinary inquiry into the incident led to Kharat’s expulsion from service on June 4, 1986.

Aggrieved by the ruling, Kharat approached the Central Administrative Tribunal and on the directions of the tribunal an inquiry was conducted by the Central Government through the Divisional Railway Manager, CST.

The inquiry resulted in Kharat facing compulsory retirement on January 18, 1996. Thereafter, Kharat again approached the tribunal seeking subsistence allowance on the basis of the revised pay scales for the suspension period of over 10 years. Kharat was paid Rs 1.6 lakh after a full-bench of the tribunal in an order dated January 13, 2003, ruled in his favour.

He then sought that an appropriate amount be fixed as pension according to IV and V pay commission payscales after considering his period of suspension and that he had compulsorily retired.

The Central Railway, however, rejected his plea stating that he was suspended before he was compulsorily retired. Kharat, therefore, was not eligible for fixation of pay in the Railway Service (Pension) Rules, 1993, said the order dated December 12, 2003. Kharat challenged the order before the tribunal, which partly allowed his application. The Central Railway, consequently, challenged the tribunal’s order before Bombay HC.
Source:http://freepressjournal.in/suspended-employees-are-entitled-to-full-benefits-says-high-court/

Rahul backs one rank, one pension for ex-servicemen


Rahul backs one rank, one pension for ex-servicemen

Congress vice-president Rahul Gandhi on Friday lent his support to the long-standing demand of ex-servicemen for “one rank, one pension” (OROP).

“I am on your side. I understand your concerns. You give your life for the country, I will do all that I can to see that your demands are met,” Gandhi told various state delegations of ex-servicemen who met him.

The delegations from Haryana, Rajasthan, Himachal Pradesh and Punjab met the Congress vice-president on Friday and pressed for implementation of OROP.

There are over two million defence pensioners who receive differential retirement benefits. All pre-2006 pensioners receive lesser pension than those who retired in the same rank later and even than those of junior rank.

A colonel who retired in 2003 gets Rs 26,150 as pension compared to Rs 34,000 drawn by a colonel who retired this year. BJP prime ministerial candidate Narendra Modi had also reached out to them when he addressed a huge rally of ex-servicemen in Rewari last year with former Army Chief V K Singh joining him on the dais.

Gandhi assured the ex-servicemen that he would make all efforts to ensure that this long-standing demand is met at the earliest.

Source:http://www.deccanherald.com/content/386448/rahul-backs-one-rank-one.html

Representation of SC, ST, OBC, Minorities and the Women on Selection Board / Committees.


Representation of SC, ST, OBC, Minorities and the Women on Selection Board / Committees.

F.No.42011/2/2014-Estt.(Res)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel &Training

New Delhi, dated the 13th February, 2014

OFFICE MEMORANDUM

Subject: Representation of SC, ST, OBC, Minorities and the Women on Selection Board / Committees.

The undersigned is directed to draw attention of the Ministries/Departments to this Department’s O.M. No.42011/15/1995-Estt(SCT) dated 1lth July, 1995. Para 2 provided as follows:-
” 2. In partial modification of the above instructions it has now been decided that wherever a Selection Committee Board exists or has to be constituted for making recruitment to ten or more vacancies in Group ‘C’ or Group ‘D’ posts or services it shall be mandatory to have one Member belonging to SC/ST/OBC and one Member belonging to Minority Community in such Committees/Boards. Further, one of the Members of the Selection Committees Boards whether from the general category or from the minority community or from SC, ST,OBC should be a lady failing which a lady member should be co opted on the Committee Board. It may please be ensured that where the number of vacancies against which the selection is to be made is less than ten no effort should be spared in finding SC/ST/OBC officer, minority community officer and a lady officer as explained in para (2) for inclusion in such Committees/Boards. “

2. The matter has been reviewed and in partial modification of above instructions, it has now been decided that wherever a Selection Committee/Board exist or has to be constituted for making recruitment to 10 or more vacancies in any level of posts or services, it shall be mandatory to have one Member belonging to SC/ST, one Member belonging to OBC category and one Member belonging to Minority Community in such Committees/Boards. Further, one of the members of the Selection Committees/Board, whether from the general category or from the minority community or from the SC/ST/OBC community should be a lady failing which a lady member should be co-opted on the Committee Board. It may also be ensured that where the number of vacancies against which selection is to be made is less than ten, no effort should be spared in finding the SC/ST, OBC officer and the Minority Committee Officer and a lady officer, for inclusion in such Committees Boards.

3. Similar instructions in Public Sector Undertakings and Financial Institutions including Public Sector Banks will be issued by Department of Public Enterprises and Ministry of Finance respectively.

sd/-
(Sandeep Mukherjee)
Under Secretary to the Government of India

Source:www.persmin.nic.in

Justification to Scrap New Pension Scheme by AIRF


Justification to Scrap New Pension Scheme by AIRF

ALL INDIA RAILWAYMEN'S FEDERATION
No.AIRF/24(C)                                            Dated: February 13, 2014

The Executive Director, Estt.(IR),
Railway Board,
New Delhi

Dear Madam,
Sub: Justification to Scrap New Pension Scheme
It was agreed in the Joint Meeting, held on 7th February, 2014 with Full Board that, necessary material/justification may also be furnished by the Federations for proposed reference to be sent to Hon’ble Finance Minister from the Hon’ble Minister for Railways. Accordingly, we are sending herewith a detailed justification for taking necessary action in the matter.

Encl: As above

AIRF's Justification to Scrap New Pension Scheme (NPS)

1. Discriminatory treatment between two sets of Railway employees viz - one appointed before 01.01.04 and the others appointed on 01.01.2004 and thereafter.

2. Although the contribution is defined, the benefit has not been defined.

3. Extract from Railway Safety Review Committee, 1998 - vide para 2.1.1 and para

2.1.2 the Committee has recommended that the working in the Railways is more closely allied to the armed forces than the sometimes lacks civilian forms. As such railwaymen cannot be bracketed with other Central Govt. Employees for the purpose of Social benefit.
Para 2.1.1 During the colonial period, the Railways was conceived and operated as an auxiliary wing of the Army, primarily because it provided the transport muscle that enabled rapid movement of troops across the Indian sub- continent. There was, however, another less visible but important reason for the close linkage with the Army. The colonisers realized that the Railways, by virtue of its complex nature, required a high degree of discipline and efficiency to be able to perform its role as the prime transport mode. This , in turn, meant a system of working more closely allied to the Armed Forces than the sometimes lax civilian forms. Thus ,historically, Indian Railways (IR) has functioned differently from other Government institutions.
Para 2.1.2  "....It is not only unrealistic but also dangerous to treat the Railways and its problems on par with other Government departments which has unfortunately been the case during the last five decades....."

4. Committee on railway safety was appointed by the Ministry of Railway under the Chairmanship of Dr. Anil Kakodkar. Vide para 2.3 of the report is cited below:

                                                   Killed                                       Injured                                    
  Railwaymen                              1,600                                      8,700
Passenger / Public                       1,019                                      2,118
(Unmanned Level Crossing)         723                                          690

It would be seen that number of Railwaymen killed and injured while on duty during the period 2007 - 08 to October, 2011 was much more than passenger and public killed during the year.

5. Railwaymen are the second line of Defence. During Chinese aggression in the year 1962 there was massive exodus of civil population near in Arunachal Pradesh and North Bank of Brahmaputra, currency notes were burnt at the order of Dy. Commissioner, Tezpur (Sonitpur), the jail birds were freed but the Railwaymen did not leave their duty post. In this connection extract from Special Gazette published by the Railway Board during Railway Week, 1963 is given below.

"On the night of 20/21 November, 1962 following the exodous of Civil Population from Rangapara North in the Wake of reported Chinese advance Shri Rakhal Das Banerjee bravely struck to this post in the Station, displaying an extra ordinary sense of duty and great courage, he ensured safe custody of Railway Cash amounting to Rs. 26 lakhs".

Similarly when Pakistan attacked India during 1965, the Railwaymen at the Western Sector saved lives of thousands and thousands of people by sacrificing their own lives while Bomb was exploded on Oil Tankers (Railway Wagon Tanker) (This News was appeared in the Railwaymen of 1965, may be 1966), they parted the effected wagons from the rest, but in the effort an good number of Railwaymen burnt alive.

Braving insurgency, Railwaymen continued to maintained the services in North Eastern Region, Naxual infested areas in Jharkhand, Madhya Pradesh, Orissa, Andhra Pradesh etc.

In May 2008, Loco Pilot of Lumding N. F. Railway saved lives of many persons at the cost of his own life and he was awarded „KIRTI CHAKRA‟. The incident is as under.
"On 15th May, 2008, Shri N. N. Bora, Loco Pilot, Lumding was booked to work Security Special from Lumding. When the Special reached near Tunnel No. 3 at KM 57/12 between Lumding - Badarpur section terrorist pumped bullets injuring Shri N. N. Bora critically. Despite critical injury Shri Bora‟s devotion to duty and presence of mind worked, the train was pushed back to a safer place and Shri Bora succumbed to the u\injury. He could save lives of all his colleagues in the train, sacrificing his life".
6. NPS is an additional financial burden in the Railways Exchequer.
Indian Railway is paying pension and family pension and in addition to that the Indian Railway is to contributing 10% of pay and 10% of Dearness Allowance to the Pension Fund (NPS). At present the number of New Pension Holders are 4.5 Lakhs taking the average salary of such newly recruited persons as Rs. 20,000, at present the Railway is paying Rs. 2160 Crores annually towards Pension Fund. This will go on increasing with more and more persons to be recruited vice retirement and the amount will also be compounded because of annual increment, increase in the rates of Dearness allowance, MACP & Promotional benefits. This is the additional burden which the railway will have to bear with its compound effect from coming years to years on the Railway's Finance.

7. Effect on Industrial relation
Gradually the number of new recruitees on or after 01.01.2004 will take over the number of persons appointed prior to 01.01.2004 and they will compel their pre 01.01.2004 counterparts to join precipitate
ve action to secure their (NPS Holders) rightful claim of social security i.e. Pension and Family Pension and this will leads to serious industrial unrest in the Railway Industry.

Taking all these factors into consideration all Railwaymen irrespective of date of appointment should be covered under Pension and Family Pension Scheme.

Source:AIRF

Tuesday, February 11, 2014

Notice for strike by the Confederation of Central Government Employees and Workers on 12th and 13th February, 2014


Notice for strike by the Confederation of Central Government Employees and Workers on 12th and 13th February, 2014

No. 33011/1(s)/2014-Estt-B -U)
Government of India
Ministry of Personnel, Public & Grievances and Pensions
Department of Personnel & Training
Dated the 10th February, 2014.
OFFICE MEMORANDAM

Subject : Notice for strike by the Confederation of Central Government Employees and Workers on 12th and 13th February, 2014

The undersigned is directed to intimate that the Confederation of Central Government Employees and Workers have given notice that the members of the affiliates of these Confederation will go on strike on 12th and 13th February, 2014 in pursuance of their Charter of Demands.

2. The instructions issued by the Department of Personnel & Training prohibit the Government servants from participating in any form of strike including mass casual leave, go-slow etc. or any action that abet any form of strike in violation of Rule 7 of the CCS (Conduct) Rules, 1.964. Besides, in accordance with the proviso to Rule 17 (1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. In this connection, your kind attention is also drawn to this Department's OM No. 33012/1(s)/2008-Estt (B) (pt) dated 12th September, 2008 (copy enclosed).

3. A Joint Consultative Machinery for Central Government employees is already functioning. This scheme has been introduced with the object of promoting harmonious relations and of securing the greatest measure of cooperation between the Government, in its capacity as employer, and the general body of its employees in matters of common concern, and with the object, further of increasing the efficiency of the public service. The JCM at the different levels have been discussing issues brought before it for consideration and either reaching amicable settlement or referring the matter to the Board of Arbitration in relation to pay and allowances, weekly hours of work and leave, whenever no amicable settlement could be reached in relation to these items.

4. The Central Government Employees under your Ministry/Departments may, therefore, be suitably informed of the aforesaid instructions under the Conduct Rules issued by this Department and other regulations upheld by the Hon'ble Supreme Court and dissuaded from resorting to strike in any form. You may also issue instructions not to sanction Casual Leave or other kind of leave to employees if applied for, during the period of the proposed strike and ensure that the willing employees are allowed hindrance free entry into the office premises. For this purpose, Joint secretary (Admn) may be entrusted with the task of coordinating with security personnel. Suitable contingency plan may also be worked out to carry out the various functions of the Ministry/Department.

5. In case the employees go on strike, a report indicating the number of employees who took part in the proposed strike may be conveyed to this Department on the evening of the day.

sd/-
(Sanjiv Shankar)
Director (E-II)

Source:www.persmin.nic.in

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