People with disabilities can be reinstated after VRS

People with disabilities can be reinstated after VRS KOCHI: Supporting the special rights of people with disabilities, the Kerala high court held that an employee who took voluntary retirement due to a disability while in service should be reinstated if he or she wishes so later on. The ruling was made by a division bench comprising Justices Antony Dominic and Dama Seshadri Naidu while considering an appeal filed by Southern Railway opposing such a reinstatement order issued by the Ernakulam bench of central administrative tribunal. Fancy Babu of Kottayam, working as a senior clerk at Palghat division of Southern Railway, had taken voluntary retirement on February 15, 2002. This was after she was affected by paraplegia due to spinal cord compression, which was ratified by a medical board of Kottayam Medical College. In 2009, she filed a petition before the tribunal seeking reinstatement in service, claiming such right under section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995. The tribunal ordered her reinstatement with effect from February 15, 2002 along with all consequential benefits. Questioning the tribunal's order at the high court, Railway's counsel Tojan J Vathikulam contended that the woman had voluntarily applied for retirement. However, the court disagreed with this view. "Railways could not take advantage of such an application made by a disabled employee under compelling circumstances arising out of the disablement," the court ruled, upholding the tribunal's order. Source:http://timesofindia.indiatimes.com/city/kochi/People-with-disabilities-can-be-reinstated-after-VRS/articleshow/44475798.cms

Always visit http://satish24k.blogspot.com

Read More Add Your Opinion 0 Opinions

Law Ministry never advised DOP & PW to implement qua petitioners-BHARAT PENSIONERS SAMAJ

Law Ministry never advised DOP & PW to implement qua petitioners-BHARAT PENSIONERS SAMAJ  Ministry of Law & Justice Department of Legal Affairs Dy. No.1295/LS/2014 F. No. 38/77-A/09-P&PW (Vol.II) D/o Pension & Pensioners Welfare has referred this file to examine on the following issues: (i) The Curative Petition filed in respect of OA No. 655/2010WP(C) No. 1535/2012/SLP (c) No. 23055/2013/Review Petition No. 2492/13 has been dismissed by a Five Member Bench of the Hon'ble Supreme Court headed by Chief Justice of India. Therefore, we may implement the CAT/High-Court order in respect of petitioners only subject to acceptance of this option by the CAT, Principal Bench in the pending Contempt Petition. The implementation of CAT order will be subject to the clarification sought from the CAT and mentioned in Para 2 above. (ii) We may implement the CAT order in respect of all pre-2006 pensioners subject to the final outcome of the pending SLP No. 36148-50/2013. (iii) Although the Curative Petition has been dismissed. we may await the outcome of SLP No. 36148-50/2013 before deciding on the question of implementation of CAT order, subject to acceptance of this option by the CAT, Principal Bench in the pending Contempt Petition. 2. It is the case of Department of Pension that the order dated 1/11/2011 (Flag B) passed by CAT in OA No.655/2010 in the case of Central Government SAG Pensioners' Association v/s UOI and Ors. had acquired its finality consequent to dismissal of Writ Petition (C) No.1535/2012 titled as Union of India and Anr. v/s Central Government SAG Pensioners' Association and Ors. by the High Court vide its order dated 29/412013 (Flag F). dismissal of SLP No.23055/2013 by the Apex Court on 29/7/2013 (Flag G). dismissal of Review Petition No.2492/2013 by the Apex Court on 12/11/2013 and dismissal of Curative Petition (C) No.126/2013 by the Apex Court vide its order dated 30/4/2014 (Flag K). In these circumstances it is stated that order of tribunal passed in OA No.655/2010 in the case of Central Government SAG Pensioners’ Association (SUPRA) acquires its finality. It is also mentioned in the reference note that a Contempt Petition for implementation of CAT order dated 1/11/2011 is pending before the tribunal and is fixed for 15/5/2014. 3. In other matters wherein the Deprtment have filed SLPs before the Apex Court against the orders of the tribunal and the High Court and those SLPs are still pending and the Hon'ble Supreme Court had recorded the statement given by the Counsel of Respondents that ‘they shall not precipitate the matter by filing contempt proceedings either before the High Court or before the Tribunal’ in its order dated 19/11/2013 (Flag I). In these circumstances there is no possibility for filing any contempt against the Department. 4. Having exhausted all the possible available remedies. the Govt. is left with no other alternative but to implement the order passed by the CAT, which has been upheld by the highest Court of the land. In so far as the pending SLPs are concerned, there may not be any objection in awaiting the final outcome of the cases before taking a final decision. May kindly see. (R.S. Verrma) Deputy Legal Adviser 08.05.2014 JS & LA (Shri. D. Bhardwaj) Source: http://scm-bps.blogspot.in/2014/10/law-ministry-never-advised-dop-pw-to.html

Always visit http://satish24k.blogspot.com

Read More Add Your Opinion 0 Opinions

Relaxation of Upper Age Limit for Recruitment to Central Civil Services and posts) Amendment Rules,2014-DOPT

Relaxation of Upper Age Limit for Recruitment to Central Civil Services and posts) Amendment Rules,2014-DOPT [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART-II, SECTION 3, SUB-SECTION (i) ] Government of India Ministry of Personnel. Public Grievances and Pensions (Department of Personnel and Training) New Delhi, dated the 30th September, 2014 NOTIFICATION G.S.R. ————-(E) – In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Residents of the State of Jammu and Kashmir (Relaxation of Upper Age Limit for Recruitment to Central Civil Services and posts) Rules, 1997, namely.- 1. (1) These rules may be called the Residents of the State of Jammu and Kashmir (Relaxation of Upper Age Limit for Recruitment to Central Civil Services and posts) Amendment Rules, 2014. (2) They shall be deemed to have come into force with effect from the 1st day of January, 2014. 2. In the Residents of the State of Jammu and Kashmir (Relaxation of Upper Age Limit for Recruitment to Central Civil Services and posts) Rules, 1997, in rule 1, in sub-rule (3), for the figures “2013”, the figures “2015” shall be substituted. [F.No.15012/1/2014-Estt(D)] (Mamta Kundra) Joint Secretary to the Government of India Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/15012_1_2014-Estt-D.pdf

Always visit http://satish24k.blogspot.com

Read More Add Your Opinion 0 Opinions

Need not submit Boarding Pass along with settlement of T.A. Claims – Dopt Circulars on 7.10.2014

Need not submit Boarding Pass along with settlement of T.A. Claims – Dopt Circulars on 7.10.2014 F.No. G-14019/2/13-Cash Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training North Block, New Delhi Dated : 7th October, 2014 CIRCULAR Subject : Non submission of Boarding Pass for settlement of T.A. Claims Difficulties have been expressed by various quarters in production of original boarding passes along with T.A. Claims from time to time. The matter has been considered and it has been decided with the approval of the competent authority that in order to simplify the procedure of settlement of T.A. Claims, the condition of submission of Boarding Pass alongwith settlement of T.A. claim is dispensed with. 2. However, the officer concerned, preferring Travelling Allowance, will have to attach an undertaking along with T.A. claims that the journey, as mentioned therein, has actually been performed by him/her. Other requirements, as per the established procedures will continue to be followed. 3. Notwithstanding above, in case of extreme doubt, the controlling officer may be asked to verify the genuineness of the claim. 4. Air tickets should be purchased only from the authorized travel agent of this Deptt. i.e. M/s Balmer Lawrie & Co. Ltd and at the cheapest rates after comparing the available fare from the websites of travel agents of repute. If cheaper rates are available directly from Air India, the same can also be bought. 5. The frequent flyer reward points from Air India may only be redeemed for the official tours of the Deptt. 6. This issues with the approval of Secretary (P). (Shri Prakash) Director (Admn.) Source:www.persmin.gov.in (http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/G-14019_2_13-Cash-07102014.pdf)

Always visit http://satish24k.blogspot.com

Read More Add Your Opinion 0 Opinions

IMPORTANT POINTS DISCUSSED IN JCM REGARDING PENSION DATED 25/9/2014

IMPORTANT POINTS DISCUSSED IN JCM REGARDING PENSION DATED 25/9/2014 The meeting was held under the chairmanship of the Secretary (Pension) at Lok Nayak Bhawan on 25.9.2014. On behalf of the Staff Side, the following comrades attended. Com. Shiv Copal Mishra. General Secretary. AIRF. Com. Rahal Dasgupta President. AIRF. Com. S.K. Vyas, Advisor, Confederation of CGE and Workers. Corn KKN. Kutty. President. Confederation of CGE and Workers Com. Srikumar. General Secretary. All lndia Defence Employees Federation. After the introduction of the members of both official and staff side. the Action taken Statement placed by the official Side of the meeting held on 4.2.2014 was taken up for discussion l. Abnormal delay in the issue of revised PPO to Pre 2007 pensioners/family pensioners.    It was reported that about 26000 PPO of pre 1990 and 10.000 cases of pre-2006 retirees are still awaiting the issuance of revised PPO. It was reported that the main reason for the delay is the non availability of records in the case of pensioners. The Staff side demanded the supply of Department wise break up of the figures to enable them to take up the issue with the concerned department. This was agreed to. The Staff side further stated that the issue should not be viewed from the statistics angle and the official side must appreciate that in the case of pre 1990 cases. the pension remains unrevised for about 20 to 25 years. It may be that some of the retires/family pensioners might have expired during this period. The staff side also requested the official side to appreciate the agony and difficulties of these pensioners. The lack of availability of records should not be taken as an excuse. After some further discussion, it was agreed that by the end of 2014, all pending cases would be cleared. In the case of Railways, the pendency is about 25000 and in the case of Defence the reported figure was 85,000. It was however noted that serious efforts have been made by both the Ministries to bring down the number of pending cases drastically. 2. Revision of commutation table.  The proposal of the official side was to refer the matter to the 7th CPC. which the start Side objected as unreasonable and bereft of any purpose The Staff Side pointed out that the 6th CPC had devised the new commutation table whereby the commutation benefit had been drastically reduced. When there had been a reduction in the commutation benefit, the tenancy period of commutation ought to have been reduced. The 6th CPC has gone on records to state that the period must remain 15 years as there will have to be sufficient room for cross subsidisation.  The Staff Side pointed out that when the commutation time was fixed at 15 years long time back, the mortality rate was much higher than it was today and there, there had been no justification for the recommendations made by the 6th CPC.  They also pointed out that the official side in an earlier meeting had agreed to refer the matter to an expert committee and subject their recommendation to discussion with the Staff Side.  The 6th CPC was not an expert body on this matter and they had to depend upon a professional agency.  The Staff Side for this reason objected to the Official Side proposal.  The Chairman, after due consideration wanted the Finance Ministry to appoint an expert committee and refer the issue to that committee to consider the demand in the light of the interest rate, morality rate, life expectancy etc. 3. Equitable gratuity under Rule 50 of Pension Rules.  The suggestion made by the Staff Side was to change the slab system by introducing a slab upto 11 years and another upto 20 years. Taking into  account the fact that the last slab system was introduced on the basis of the recommendations of the 5th CPC. the issue might be referred to the 7th CPC. The Department of Pension has already referred the same to the 7th CPC and the Staff side has been assured to be supplied with a copy thereof. NEW ITEMS: (A) Increase in Family Pension:  The demand of the Staff Side was agreed to be specifically referred to the CPC. (B) Cashless and hassle- free treatment in recognised hospital.  The Official side agreed to ensure that the pensioners are not put to any difficulty in the matter by the recognised hospitals. When the stafi' side pointed out that the Health Ministry had not been paying the dues to the recognised hospital and that has led to the denial of cashless facility, the Health Ministry denied the same. The Staff side wanted the Health Ministry officials to immediately convene a meeting as the last meeting has been held more two years back. The Health Ministry has decided to look into the matter and explore the possibility of convening such a meeting within a month’s time. (c) Finalisation of family pension cases within a specified period.  The official side pointed out that the procedure has been simplified and liberalised. The Staff Side pointed out that the delay is caused more by the attitude than on any factual deficiency. They. therefore. suggested for the introduction of a provisional family pension scheme as is the case with the pension for those who face inquiry proceedings They suggested the grant of 75% of the family pension immediately on receipt of application and the rest after the scrutiny of the claim. They also asked for a time frame for finalisation of the claim in as much as the applications must be disposed of within three months. The meeting was concluded with a vote of thanks to the Chair. Source: http://scm-bps.blogspot.in/2014/10/jcmpension-matters.html

Always visit http://satish24k.blogspot.com

Read More Add Your Opinion 0 Opinions

Law Ministry never advised DOP & PW to implement qua petitioners - BPS

Law Ministry never advised DOP & PW to implement qua petitioners - BPS Law Ministry never advised DOP & PW to implement qua petitioners Ministry of Law & Justice Department of Legal Affairs Dy. No.1295/LS/2014 F. No. 38/77-A/09-P&PW (Vol.II) D/o Pension & Pensioners Welfare has referred this file to examine on the following issues: (i) The Curative Petition filed in respect of OA No. 655/2010WP(C) No. 1535/2012/SLP (c) No. 23055/2013/Review Petition No. 2492/13 has been dismissed by a Five Member Bench of the Hon’ble Supreme Court headed by Chief Justice of India. Therefore, we may implement the CAT/High-Court order in respect of petitioners only subject to acceptance of this option by the CAT, Principal Bench in the pending Contempt Petition. The implementation of CAT order will be subject to the clarification sought from the CAT and mentioned in Para 2 above. (ii) We may implement the CAT order in respect of all pre-2006 pensioners subject to the final outcome of the pending SLP No. 36148-50/2013. (iii) Although the Curative Petition has been dismissed. we may await the outcome of SLP No. 36148-50/2013 before deciding on the question of implementation of CAT order, subject to acceptance of this option by the CAT, Principal Bench in the pending Contempt Petition. 2. It is the case of Department of Pension that the order dated 1/11/2011 (Flag B) passed by CAT in OA No.655/2010 in the case of Central Government SAG Pensioners’ Association v/s UOI and Ors. had acquired its finality consequent to dismissal of Writ Petition (C) No.1535/2012 titled as Union of India and Anr. v/s Central Government SAG Pensioners’ Association and Ors. by the High Court vide its order dated 29/412013 (Flag F). dismissal of SLP No.23055/2013 by the Apex Court on 29/7/2013 (Flag G). dismissal of Review Petition No.2492/2013 by the Apex Court on 12/11/2013 and dismissal of Curative Petition (C) No.126/2013 by the Apex Court vide its order dated 30/4/2014 (Flag K). In these circumstances it is stated that order of tribunal passed in OA No.655/2010 in the case of Central Government SAG Pensioners’ Association (SUPRA) acquires its finality. It is also mentioned in the reference note that a Contempt Petition for implementation of CAT order dated 1/11/2011 is pending before the tribunal and is fixed for 15/5/2014. 3. In other matters wherein the Deprtment have filed SLPs before the Apex Court against the orders of the tribunal and the High Court and those SLPs are still pending and the Hon’ble Supreme Court had recorded the statement given by the Counsel of Respondents that ‘they shall not precipitate the matter by filing contempt proceedings either before the High Court or before the Tribunal’ in its order dated 19/11/2013 (Flag I). In these circumstances there is no possibility for filing any contempt against the Department. 4. Having exhausted all the possible available remedies. the Govt. is left with no other alternative but to implement the order passed by the CAT, which has been upheld by the highest Court of the land. In so far as the pending SLPs are concerned, there may not be any objection in awaiting the final outcome of the cases before taking a final decision. May kindly see. (R.S. Verrma) Deputy Legal Adviser 08.05.2014 JS & LA (Shri. D. Bhardwaj) Source: www.scm-bps.blogspot.in [http://scm-bps.blogspot.in/2014/10/law-ministry-never-advised-dop-pw-to.html]

Always visit http://satish24k.blogspot.com

Read More Add Your Opinion 0 Opinions

EPFO makes it mandatory to provide workers’ bank account numbers

EPFO makes it mandatory to provide workers’ bank account numbers Retirement fund body EPFO made it mandatory for firms to provide their employees’ bank account numbers with IFSC code of bank branch to facilitate allotment of universal PF account number and payment to its subscribers. The Employees’ Provident Fund Organisation headquarters has asked its over 120 field offices to seek the core banking account numbers with IFSC code of bank branch for seeding the same with the portable Universal PF Account Number (UAN). “…government issued direction ..to issue order making submission of Bank Accounts by the members mandatory in order to facilitate the allotment of UAN, proper implementation of the EPF Scheme, 1952 and removal of the difficulties in the matter of payment of accumulations in the Fund to members after they cease to be such members,” an office order said. EPFO’s Central Provident Fund Commissioner K K Jalan has said that these directives shall help the body in getting the bank account details of all the members which are necessary for making UAN operational. At present, EPFO has already captured bank account details in respect of 1.80 crore employees, PAN details in respect of 86.9 lakh employees and Aadhar number in respect of 28.2 lakh employees. The EPFO is in the process of making portable Universal PF Account Number (UAN) operational for its 4.17 crore contributing subscribers by October 15. The body had started the process of seeding the 4.17 crore UANs with subscribers bank account numbers, PAN, Aadhaar and other Know-your-Customers (KYC) details to improve the delivery of its services in July this year. As per the office order, the firms will have to furnish the information regarding the core banking account number with IFSC code of the bank branch in respect of existing members by October 15. Besides the employers shall provide the information regarding bank account and IFSC code in respect of previous members under their employment by October 31. The order further stated that every employer henceforth will provide the core banking account number with IFSC code of the bank branch in respect of every new member on joining the Fund. As per the order, the subscribers of the fund who are presently not employees of any establishment, will provide their core banking account numbers with IFSC code of the bank branch, a crossed cheque folio with member’s name printed thereon and their previous PF account number themselves at any Regional or Sub-Regional Office of the EPFO. These category of members shall be provided this information by November 31. Source:http://ncjcmstaffside.com/2014/epfo-makes-it-mandatory-to-provide-workers-bank-account-numbers/

Always visit http://satish24k.blogspot.com

Read More Add Your Opinion 0 Opinions

Swachch Bharat Abhiyan - News from Athani Postal Sub Division

Swachch Bharat Abhiyan - News from Athani Postal Sub Division              Athani: After almost a week-long cleanliness drive in central government offices led by Cabinet ministers, along with 30 lakh central government employees working across the country and hundreds of school and college students all staff of the Athani HO has taken the pledge of cleanliness at Athani.                Inspector Posts Athani Sub Division Athani Shri Satish B Neeralakatti has administered the Swachch Bharat oath to all the staff of Athani HO at 0945 am.               Later , all the staff of Athani HO voluntarily taken up Cleanliness activities to be taken up in Office, PO surroundings i.e. PO compound area, immediate public areas, in front of the PO etc. The staff also interacted with the the public and educated them of the noble abhiyan and spread awareness on the cleanliness and hygiene.              Few moments captured are posted below: Source: http://ipathani.blogspot.in/2014/10/swachch-bharat-abhiyan-news-from-athani.html

Always visit http://satish24k.blogspot.com

Read More Add Your Opinion 0 Opinions