Sunday, 2 October 2022

Indian Railways to release its new All India Railway Time Table known as “Trains At A Glance (TAG)” w.e.f. 1st October, 2022

                                                                       Ministry of Railways

Indian Railways to release its new All India Railway Time Table known as “Trains At A Glance (TAG)” w.e.f. 1st October, 2022

It will be available on Indian Railways’ official website i.e. www.indianrailways.gov.inAs a part of digitalization of train Time Table, Trains at a Glance (TAG) to be available as ‘e-Book’ which can be downloaded from IRCTC website

Posted On: 30 SEP 2022 5:38PM by PIB Delhi

The Ministry of Railways will be releasing its new All India Railway Time Table known as “TRAINS AT A GLANCE (TAG)” effective from 1st October, 2022. The new Trains at a Glance will also be available w.e.f. 1st October, 2022 on Indian Railways’ official website i.e. www.indianrailways.gov.in.

Highlights of the new time table are as follows:

  1. Indian Railways runs about 3,240 Mail/Express trains which include Vande Bharat Express, Gatimaan Express, Rajdhani Express, Shatabdi Express, Humsaafar Express, Tejas Express, Duronto Express, Antyodaya Express, Garib Rath Express, Sampark Kranti Express, Yuva Express, Uday Express, Janshatabdi Express and other types of trains. In addition, about 3,000 Passenger trains and 5,660 suburban trains are also operated over the Indian Railways network. The volume of passengers carried daily is about 2.23 Crore.
  2. To clear extra rush and meet passenger demand, more than 65,000 Special train trips were operated during 2021-22. About 566 coaches were permanently augmented to increase the carrying capacity.
  3. Maximize the utilization of rolling stock:

    1. During review of the lie over of rakes it was observed that the rakes can be better utilized for extending the existing services or increasing the frequency. This would maximize the utilization of the rolling stock and provide better connectivity to the travelling passengers.
    2. During the year 2021-22, 106 new services were introduced, 212 services were extended and frequency of 24 services was increased.
  4. Proliferation of Premium Trains:

    1. At present, Vande Bharat Express trains are operating between New Delhi – Varanasi and New Delhi – Shri Mata Vaishno Devi Katra. One more Vande Bharat Express train has been introduced between Gandhinagar Capital and Mumbai Central w.e.f. 30.09.2022. It has been proposed to introduce more Vande Bharat Express trains over the Indian Railways network.
    2. Tejas Express services offering onboard services like entertainment, local cuisine, wifi etc. are also being proliferated over Indian Railway network. At present, 7 pairs of Tejas Express services are operational over Indian Railways.
  5. Provision of Corridor Blocks in the working Time-Table of the divisions:

    To provide sufficient time for the maintenance of the fixed infrastructure like track structure, signaling gears, overhead equipments, it has been planned to ensure provision of fixed corridor blocks. The duration of these corridors blocks will be from 3 hours in each section. This will not only improve the reliability of the assets but also enhance the passenger safety.

  6. Conversion of Rakes ICF to LHB:

    The conversion of Mail/Express trains operating with ICF design rakes is being undertaken to improve passenger safety and provide faster transit with better riding comfort. Indian Railways converted 187 Rakes of ICF to LHB for the period of 2021-2022.

  7. Efforts to improve punctuality of late running trains:

    Necessary changes in the time table have been incorporated to improve punctuality. Due to concerted efforts the punctuality of Mail/Express trains has improved by about 9% as compared to the punctuality during pre Covid (2019-20).

  8. Standardization of rakes:

    The rakes at different maintenance depots have been standardized by integration of the rake links to improve flexibility in operations and thereby help in improving punctuality.

  9. Replacement of conventional Passenger trains with MEMU/DEMU:

    In the year 2021-22, 60 number of conventional passenger services have been replaced by MEMUs thereby increasing the overall mobility of the system.

  10. Availability of Trains at a Glance as “e-Book”:

    As a part of digitalization of train Time Table, Trains at a Glance (TAG) will now also be available as ‘e-Book’ which can be downloaded from IRCTC website (www.irctc.co.in & www.irctctourism.com).

*****

YB

(Release ID: 1863836)

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Submission of Annual Life Certificate: Department of Pension and Pensioners’ Welfare O.M. dated 30.09.2022

 Submission of Annual Life Certificate: Department of Pension and Pensioners’ Welfare O.M. dated 30.09.2022

No. 1(8)/2021-P&PW(H)-7468
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners’ Welfare

8th Floor, B-Wing, Janpath Bhawan
Janpath, New Delhi-1 10001
Dated the 30th September, 2022

OFFICE MEMORANDUM

Subject: Submission of Annual Life Certificate

Every Central Government pensioner has to submit Annual Life Certificate in the month of November for further continuation of pension. It has been observed that a large number of Central Government pensioners physically visit bank branches for this purpose.

2. As a measure to enable an additional exclusive window to very senior pensioners, this Department, vide its OM No. 1/20/2018-P&PW(E) dated 18.07.2019, has allowed the pensioners in the age group of 80 years and above, to submit Annual Life Certificate from 1st October onwards, instead of 1st November onwards, every year.

3. The different modes available to a pensioner for submission of Annual Life Certificate are once again summarized for Pensioners’ awareness. An Annual Life Certificate can be submitted manually or digitally as per convenience of the pensioner by following modes: –

  1. Life certificate can be recorded by Pension Disbursing Authorities (PDAs), if the pensioner physically appears before the PDA.
  2. Personal appearance of a pensioner will not be required, if the pensioner submits the life certificate form signed by any ‘designated official’. In accordance with para 14.3 of the Scheme Booklet issued by CPAO, a pensioner who produces a life certificate in the prescribed form, signed by persons specified, is exempted from personal appearance. A list of designated officials specified for signing the Life Certificate as per the scheme booklet of CPAO is attached as Annexure-I.
  3. Pensioners can submit Life Certificate online through Jeevan Pramaan Portal. The process of submission of Digital Life Certificate through “Jeevan Pramaan” may be seen at https://youtu.be/nNMIkTYqTF8. UIDAI has provided details of all biometric devices which are permissible for capturing biometrics of a person. Pensioners may visit the site www.uidal.gov.in to get information of all such devices.
  4. India Post Payments Bank (IPPB) of Department of Posts along with Meity have successfully launched the initiative of the Department of Pension & Pensioners’ Welfare: “Doorstep Service for submission of Digital Life Certificate through Postman” in November 2020. IPPB is utilizing its national network of more than 1,36,000 access points in Post Offices and more than 1,89,000 Postmen & Gramin Dak Sevaks with smart phones and biometric devices to provide Doorstep Banking Services for generation of Digital Life Certificates. For leveraging this facility through a mobile phone, a pensioner has to download “Postinfo APP” from Google Play store. The process of submission of Digital Life Certificate through Postmen/Gramin Dak Sevaks may be seen at https://youtu.be/cERWM_U7g54.
  5. Doorstep Banking is also available through the Alliance comprising 12 Public Sector Banks which do “Doorstep Banking” for its customers in 100 major cities of the country under Ease of Banking reforms. PSB Alliance has introduced the service for collection of Life Certificates under the umbrella of Doorstep Banking. DSB Agent shall visit the doorstep of Pensioner to render the service. Service can be booked by the pensioner through any of the 3 channels 1.e. Mobile App, Website or Toll – Free Number.
    • Mobile App i.e “Doorstep Banking (DSB)” can be downloaded from Google Playstore.
    • Pensioners can access through Web Browser ie https://doorstepbanks.com/&https://dsb.imfast.co.in/doorstep/login
    • Through Toll free Number:- 18001213721,18001037188.
  6. Pensioners can also submit Life Certificates using the Face Authentication technology system bascd on UIDAI Aadhaar software whereby it is possible to generate a Digital Life Certificate from any Android based smart phone by capturing the live photograph of the pensioner for online submission on the Jeevan Pramaan mobile application. The process flow for generating DLCs through Face Authentication is available on DoPPW’’s Pensioners’ Portal > Jeevan Pramaan > Process flow of face authentication technique for DLC generation.
    (https://pensionersportal.gov.in/Document/Face%20Authentication%20Process7/o200f%20Jeevan%o20Pramaan%20App%20.pdf)

4. All Pension Disbursing Authorities are requested to take note of this OM for compliance and give wide publicity of the same amongst pensioners.

5. This issues with the approval of the competent authority.

(Ashok Kumar Singh)
Under Secretary to the Govt. of India
Tel. No. 23310108

Annexure-I

List of persons specified for signing the Life Certificate (para 14.3 of Scheme Booklet by CPAO)

  1. A person exercising the powers of a Magistrate under the Criminal Procedure code;
  2. A Registrar or Sub-Registrar appointed under Indian Registration Act;
  3. A Gazetted officer of the Government;
  4. A Police Officer not below the rank of Sub-Inspector in-charge of a Police Station;
  5. A Postmaster, a departmental Sub-Postmaster or an Inspector of Post Offices;
  6. A Class-I officer of the Reserve Bank of India, an officer (including Grade IJ officer) of the State Bank of India or of its subsidiary;
  7. A Justice of Peace;
  8. A Block Development Officer, Munsif, Tehsildar or Naib Tehsildar:
  9. A Head of Village Panchayat, Gram Panchayat, Gaon Panchayat or an
  10. Executive Committee of a Village;
  11. A Member of Parliament, of State legislatures or of legislatures of Union Territory Governments/Administrations;
  12. Treasury Officer.
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Saturday, 1 October 2022

Expected DA/DR from Jan, 2023 @ 41% – CPI-IW for August, 2022 released

 Expected DA/DR from Jan, 2023 @ 41% – CPI-IW for August, 2022 released

Expected DA/DR from Jan, 2023 @ 41% – CPI-IW for August, 2022 released

The All-India CPI-IW for August, 2022 increased by 0.3 points and stood at 130.2 (one hundred thirty point two) as per the press release by Labour Bureau. Expected DA/DR from January, 2023 accounts forwarded in 2nd step with this release.  This increase in CPI-IW is showing 3% increase in DA/DR from January, 2023 i.r.o. Central Govt Employees and Pensioners and reaching at 41% in 7th CPC DA/DR.  CPI-IW index in coming months will confirm the exact figure of DA/DR of Jan, 2023.

Hike in DA/DR from July, 2022 to 38% with 4 percent increase in existing rate has also been approved by Central Government.  Now the Central Govt. Employees and Pensioners are eagerly waiting for issuance of DoE OM and DoPP&W OM in this regard. The same will be issued soon.

Expected DA/DR from Jan, 2023

Issue of All-India CPI-IW for Jul, 2022
table by Staffnews.in

Increase/ Decrease IndexMonthBase Year 2016 = 100Base Year 2001 = 100Total of 12 MonthsTwelve monthly Average% increase over 115.76 for 6CPC DA% increase over 261.42 for 7CPC DA6CPC DA announced or will be announced7CPC DA announced or will be announced
-0.3Jan,22125.13604236353.00204.94%35.03%203%34%
-0.1Feb,22125.03604253354.42206.17%35.57%
1.7Apr,22127.73684294357.83209.12%36.88%
1.3May,22127.73724319359.92210.92%37.68%
0.2Jun,22129.23724341361.75212.50%38.38%

DA/DR from July, 2022

212%38%
0.7Jul,22129.93744361363.42213.94%39.02%
0.3Aug,22130.23754382365.17215.45%39.69%
0Sep,22130.23754402366.83216.89%40.32%
0Oct,22130.23754417368.08217.97%40.80%
0Nov,22130.23754430369.17218.91%41.22%
0Dec,22130.23754444370.33219.91%41.66%

Expected DA/DR from Jan, 2023

219%41%


Press release dated 30.09.2022 by Labour Bureau:-

GOVERNMENT OF INDIA
MINISTRY OF LABOUR & EMPLOYMENT
LABOUR BUREAU

F.No. 5/1/2021-CPI

‘CLEREMONT’ SHIMLA-171004
DATED: 30 Sep, 2022

Press Release

Consumer Price Index for Industrial Workers (2016=100) – August, 2022

The Labour Bureau, an attached office of the M/o Labour & Employment, has been compiling Consumer Price Index for Industrial Workers every month on the basis of retail prices collected from 317 markets spread over 88 industrially important centres in the country. The index is compiled for 88 centres and All-India and is released on the last working day of succeeding month. The index for the month of August, 2022 is being released in this press release.

The All-India CPI-IW for August, 2022 increased by 0.3 points and stood at 130.2 (one hundred thirty point two). On 1-month percentage change, it increased by 0.23 per cent with respect to previous month compared to an increase of 0.16 per cent recorded between corresponding months a year ago.

The maximum upward pressure in current index came from Food & Beverages group contributing 0.19 percentage points to the total change. At item level Rice, Wheat Atta, Arhar/Tur Dal, Wheat, Mango, Buffalo Milk, Cooked Meal, Telephone Charges mobile etc. are responsible for the rise in index. However, this increase was largely checked by Apple, Tomato, Poultry Chicken, Soyabeen oil, Sunflower Oil, Egg Hen, Electricity Domestic, Petrol for Vehicle etc. putting downward pressure on the index.

At centre level, Solapur recorded a maximum increase of 3.9 points followed by Agra with 3.2 points. Among others, 5 centres recorded increase between 2 to 2.9 points, 20 centres between 1 to 1.9 points and 27 centres between 0.1 to 0.9 points. On the contrary, Jamshedpur recorded a maximum decrease of 3.7 points. Among others, 8 centers recorded decrease between 1 to 1.9 points and 24 centres between 0.1 to 0.9 points. Rest one centre index remained stationary.

Year-on-year inflation for the month stood at 5.85 per cent compared to 5.78 per cent for the previous month and 4.80 per cent during the corresponding month a year before. Similarly, Food inflation stood at 6.46 per cent against 5.96 per cent of the previous month and 4.83 per cent during the corresponding month a year ago.

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Casual Labourer – DoP&T Information Document: 1. Appointment, Pay/wages, Leave 2. Scheme of 1993 3. Additional Benefits and 4. Regulation

 Casual Labourer – DoP&T Information Document: 1. Appointment, Pay/wages, Leave 2. Scheme of 1993 3. Additional Benefits and 4. Regulation

Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment (C) Section
*******

CASUAL LABOURER

Department of Personnel and Training has issued instructions from time to time regarding various provisions governing the subject of Casual Labourer. These instructions are broadly categorized as under:

  1. Appointment, Pay/wages, Leave of Casual Labourer.
  2. SCHEME OF 1993 (Grant of Temporary Status and Regularisation of Casual Labourer).
  3. ADDITIONAL BENEFITS TO THE CASUAL LABOURERS WITH TEMPORARY STATUS (CL-TS) IN CONTINUATION OF SCHEME OF 1993.
  4. REGULARISATION OF IRREGULARLY APPOINTED WORKERS (in light of Uma Devi Judgement)

A). Appointment, Pay/wages, Leave of Casual Labourer

  1. Appointment:

    • Persons on daily wages (casual workers) should not be recruited for work of regular nature.
    • Recruitment of daily wagers may be made only for work which is casual or seasonal or intermittent nature or for work which is not of full time nature, for which regular posts cannot be created.
    • The work presently being done by regular staff should be reassessed by the administrative Departments concerned for output and productivity so that the work being done by the casual workers could be entrusted to the regular employees. The Departments may also review the norms of staff for regular work and take steps to get them revised.

[O.M. No. 49014/2/86-Estt(C) dated 07.06.1988]
[O.M. No. 49014/1/2017-Estt(C) dated 04.09.2019]

    • It has been observed that in spite of strict guidelines on engagement of Casual Labourer vide the above referred O.M, various Ministries/ Departments continue to engage casual workers for attending work of regular nature against the Government’s policies. It is, therefore, reiterated that all Ministries/ Departments may ensure strict compliance of the guidelines on engagement of Casual Labourers. Negligence in the matter of implementing these guidelines should be viewed seriously and brought to the notice of the appropriate authorities for taking prompt and suitable action against the defaulters.

[O.M. No. 49019/1/95-Estt(C) dated 14.06.2016]

  1. Pay/wages:

    • Where the nature of work entrusted to the casual workers and regular employees is the same, the casual workers may be paid at the rate of 1/30th of the pay at the minimum of the relevant pay scale plus dearness allowance for work of 8 hours a day.
    • In cases where the work done by a casual worker is different from the work done by a regular employee, the casual worker may be paid only the minimum wages notified by the Ministry of Labour and Employment or the State Government/Union Territory Administration, whichever is higher, as per the Minimum Wages Act, 1948. However, if a Department is already paying daily wages at a higher rate, the practice could be continued with the approval of its Financial Adviser.

[O.M. No. 49014/2/86-Estt(C) dated 07.06.1988]
[O.M. No. 49014/1/2017-Estt(C) dated 04.09.19]

  1. Leave:
    • The casual workers may be given one paid weekly off after six days of continuous work.
    • The payment to the casual workers may be restricted only to the days on which they actually perform duty under the Government with a paid weekly off as mentioned above. In addition, they will also be paid for a National Holiday, if it falls on a working day for the casual workers.

[O.M. No. 49014/2/86-Estt(C) dated07.06.1988]

    • It has further been decided that casual workers working in offices having a five day week may be allowed one day paid weekly off provided they have worked for a minimum of 40 hours during the said week.

[O.M. No. 49019/1/95-Estt(C) dated 19.07.2016]

B). SCHEME OF 1993 (Grant of Temporary Status and Regularisation of Casual Labourer)

  1. Eligibility:
    • This scheme was applicable to casual labourers in employment of the Ministries/Departments of Government of India and their attached and subordinate offices, on the date of issue of these orders. But it shall not be applicable to casual workers in Railways, Department of Telecommunicalion and Department of Posts who are already governed by their own separate schemes.
    • Temporary status was to be conferred on all casual labourers who are in employment on the date of issue of this OM and who have rendered a continuous service of at least one year, which means that they must have been engaged for a period of at least 24O days (206 days in the case of offices observing 5 days week).
    • Such conferment of temporary status was to be without reference to the creation/ availability of regular (erstwhile) Group ‘D’ posts.
    • Conferment of temporary status on a casual labourer did not involve any change in his duties and responsibilities. The engagement was on daily rates of pay on need basis. He might be deployed anywhere within the recruitment unit/territorial circle on the basis of availability of work.
    • Such casual labourers who acquire temporary status will, however, not be brought on to the permanent establishment unless they are selected through regular selection process for (erstwhile) Group ‘D’ posts.
  1. Benefits:
    • Wages at daily rates with reference to the minimum of the pay scale for a corresponding regular (erstwhile) Group ‘D’ official including DA and HRA.
    • Benefits of increments at the same rate as applicable to a (erstwhile) Group ‘D’ employee would be taken into account for calculating pro-rata wages for every one year of service subject to performance of duty for at least 240 days (2O6 days in administrative offices observing 5 days week) in the year from the date of conferment of temporary status.
    • Leave entitlement would be on a pro-rata basis at the rate of one day for every 10 days of work. Casual or any other kind of leave, except maternity leave, will not be admissible. They will also be allowed to carry forward the leave at their credit on their regularisation. They will not be entitled to the benefits of encashment of leave on termination of service for any reason or on their quitting service.
    • Maternity leave to lady casual labourers as admissible to regular Group ‘D’ (erstwhile) employees was to be allowed.
    • 50% of the service rendered under temporary status would be counted for the purpose of retirement benefits after their regularisation.
    • After rendering three years’ continuous service after conferment of temporary status, the casual labourers would be treated on par with temporary (erstwhile) Group ‘D’ employees for the purpose of contribution to the General Provident Fund, and would also further be eligible for the grant of Festival Advance/Flood Advance on the same conditions as are applicable to temporary erstwhile Group ‘D’ employees, provided they furnish two sureties from permanent Government servants of their Department.
    • Until they are regularized, they would be entitled to Productivity Linked Bonus/Adhoc bonus only at the rates as applicable to casual labourers.
    • No benefits other than those specified above was to be admissible to casual labourers with temporary status.

[O.M. No. 51016/2/90-Estt(C) dated 10.09.1993]

    • The pay of casual workers with temporary status on their regularisation against Group ‘D’(erstwhile) (and now Group ‘C’) posts in identical grades will be fixed after taking into account the increments already earned by them in the Group ‘D’ (erstwhile) (and now Group ‘C’) pay scale which was taken into account for payment of wages while working as casual worker with temporary status. Such counting of the past increments earned on regularisation will be only for the purpose of pay fixation and will not entitle them to claim seniority or any other benefits like promotion etc. on the basis of such casual service.

[O.M. No. 49014/4/2007-Estt.(C) dated 09.05.2008]

  1. 3. Conditions for regularisation:

    • Two out of every three vacancies in Group ‘D’ (erstwhile) (and now Group ‘C’) cadres in respective offices where the casual labourers have been working was to be filled up as per extant recruitment rules and in accordance with the instructions issued by Department of Personnel and Training from amongst casual workers with temporary status. However, regular Group ‘D'(erstwhile) staff rendered surplus for any reason will have prior claim for absorption against existing/future vacancies. They would be allowed age relaxation equivalent to the period for which they have worked continuously as casual labourer.
    • Following the acceptance of the recommendation of the 6th CPC, all Group D posts had been upgraded to Group C posts. Recruitment to erstwhile Group ‘D’ posts placed in Group ‘C’, PB-1, Grade Pay ’18OO/- (non technical as MT Staff) is now made only through Staff Selection Commission and minimum educational qualification for appointment is Matriculation or ITI pass. Regularisation of CL-TS therefore, could not be done by the Ministries/ Departments on their own and requires relaxation of para 8 of the Appendix to the O.M. dated 10.09.1993 by D/o Personnel & Training with the concurrence of Department of Expenditure.

[O.M. No. 49014/3/2014-Estt(C) dated 16.10.2014]

  1. Clarifications regarding the Scheme of 1993:

Ques.1. Whether the casual employees who were not initially engaged through employment exchange are entitled to the benefit of temporary status?

Ans.1. Since it is mandatory to engage casual employees through employment exchange, the appointment of casual employees without employment exchange is irregular. Hence such casual employees cannot be bestowed with temporary status.

Ques.2. Whether temporary status could be granted to the part-time casual employees? Ans. 2. No.
Ques.3. Will the casual labourers initially engaged after crossing the upper age limit prescribed for recruitment to Group ‘D’ posts be eligible for grant of temporary status?

Ans.3. No age limit has been prescribed for grant of temporary status. However, for the purpose of subsequent regularisation, the conditions regarding age and educational qualifications prescribed in the relevant recruitment rules will apply.

Ques.4. WiIl the wages of casual employees be debited to the salaries sub-head of the establishment or to the contingent sub-head?

Ans.4. Since the casual employees on grant of temporary status would be entitled for wages on actual basis, their wages will have to be debited to the sub-head ‘wages’.

Ques.5. For the purpose of assessing leave entitlement how should qualifying period be reckoned?

Ans.5. Qualifying period should be reckoned with reference to actual number of days duty performed ignoring days of weekly off, Ieave and absence etc. All days of duty will be counted irrespective of intervening spells of absence, which do not constitute break in service.

Ques.6. Frequency at which leave will be credited?

Ans.6. Twice a year. On the 1st of January and 1st of July credit will be afforded for the preceding half year or fraction thereof, on a pro-rata basis at the rate of one day for every 10 days of work.

    • The Hon’ble Supreme Court while hearing SLP (Civil) No.2224/2000 in the case of Union of India & Anr. Vs. Mohan Pal etc. had directed that:- “The Scheme of 10-09- 93 is not an ongoing Scheme and the temporary status can be conferred on the casual labourers under that Scheme only on fulfilling the conditions incorporated in clause 4 of the scheme, namely, they should have been casual labourers in employment on the date of the commencement of the scheme and they should have rendered continuous service of at least one year i.e. at least 24O days in a year or 206 days (in case of offices having 5 days a week). We also make it clear that those who have already been given ‘temporary’ status on the assumption that it is an ongoing Scheme shall not be stripped of the ‘temporary’ status pursuant to our decision”. The Supreme Court in the above case had also considered the question as to whether the services of casual labourers who had been given ‘temporary’ status could be dispensed with as per clause 7 as if they were regular casual labourers and observed that- “The casual labourers who acquire ‘temporary’ status cannot be removed merely on the whims and fancies of the employer. If there is sufficient work and other casual labourers are still to be employed by the employer for carrying out the work, the casual labourers who have acquired ‘temporary’ status shall not be removed from service as per clause 7 of the Scheme. If there is serious misconduct or violation of service rules, it would be open to the employer to dispense with the services of a casual labourer who had acquired the ‘temporary’ status.

[O.M. No. 40011/6/2002-Estt(C ) dated 06.06.2002]

C. ADDITIONAL BENEFITS TO THE CASUAL LABOURERS WITH TEMPORARY STATUS (CL-TS) IN CONTINUATION OF SCHEME OF 1993.

  1. Allowance/Leave Benefits:

    • The benefit of Transport allowance was extended to casual labourers having temporary status vide DoPT’s OM. No. 49014/3/97-Estt(C) dated 01.04.1998. Physically handicapped casual labourers having temporary status were entitled to transport allowance at double the normal rate subject to terms and conditions in M/o Finance, D/o Expenditure’s O.M. No. 19029/1/78-E-IV dated 31.08.78.

[O.M. No.49014/2/2008-Estt(C) dated 04.08.2008]

    • It was clarified that the limit on accumulation of total number of days of leave will be 300 days as in the case of regular Government employees. In other words CL-TS can accumulate leave upto a maximum of 300 days only.

[O.M. No.49014/3/2007-Estt(C) dated 18.10.2007]

    • Paternity leave as admissible to regular Government employees was also extended to the casual labourers with temporary status and who has less than two surviving children may be granted Paternity leave for a period of 15 days during the confinement of his wife. During the period of such leave he shall be paid wages drawn immediately before proceeding on leave.
    • Paternity leave was not to be debited against the leave account and could be combined with pro-rata earned leave admissible to casual employees under “Casual Labourers (Grant of Temporary Status and regularisation) Scheme of Government of India, 1993.”

[O.M. No.49014/1/98-Estt(C) dated 01.04.1998]

    • Casual employees who have been granted temporary status were entitled to Transport Allowance for computation of their daily rates of wages.

[O.M. No.49014/3/97-Estt(C) dated 01.04.1998]

  1. GPF and pensionary benefits:

    • The casual labourers who had been granted temporary status under the scheme, and had completed 3 years of continuous service after that, were entitled to contribute to the General Provident Fund. It was also decided that 50% of the service rendered under temporary status would be counted for the purpose of retirement benefits in respect of those casual labourers who have been regularised in terms of para 8 of the OM dated 10.09.1993. This was applicable to all casual labourers covered under the scheme of 1993 whether they were regularised before or after 31.12.2003.
    • Regarding the modalities of transfer of the amount lying in the NPS account to the GPF account of these casual labourers, Controller General of Accounts (CGA) have furnished following clarifications:

(i) Adjustment of Employees contribution in Accounts:- Amount may be credited to individual’s GPF Account and the account may be recasted permitting up-to-date interest (Authority FR-16 & Rule 11 of GPP Rules)

(ii) Adjustment of Government contribution under NPS in Accounts:- To be accounted for as (-) Dr. to object heads 70-Deduct Recoveries under major Head 2071- Pension and other Retirement benefit-Minor Head 911- Deduct Recoveries of overpayment (GAR 35 and para 3.10 of List of Major and Minor Heads of Accounts)

(iii) Adjustment of increased value of subscription on account of appreciation of investment:- may be accounted for by crediting the amount to Govt. account under M.H.0071- Contribution towards Pensions and other Retirement Benefits 800- Other Receipts (Note under the above Head in LMMHA).

    • If the benefits under old pension scheme are to be allowed to a retired employee, who had contributed towards NPS at any stage, the entire NPS accumulations i.e. employee’s contribution + Government’s matching contribution + appreciation thereon should be remitted into the accredited bank of the PAO concerned.

[O.M. No.49014/2/2014-Estt(C)-Pt-I dated 11.10.2018]
[O.M.No.49014/2/2014-Estt(C) dated 28.07.2016]
[O.M. No.49014/2/2014-Estt(C) dated 26.02.2016]

  1. Pay/Wages as per 7th CPC:

On the implementation of the recommendations of the 7th Central Pay Commission as per Government of India Notification dated 25th July, 2016, the Casual Labourers with Temporary Status will continue to receive their wages with effect from 01.01.2016 as per provisions of the Casual Labours (Grant of Temporary Status & Regularisation) Scheme, worked out on the basis of the pay scales of Group ‘C’ as per Level 1 of the Pay Matrix recommended by the 7th Central Pay Commission and approved by the Government provided they are matriculate. In case of the similarly placed non- matriculate Casual Labourers with Temporary Status the above benefit of wages w.e.f. 01.01.2016 may he extended only after imparting the requisite training, by the respective administrative Ministries/ Departments on the lines indicated in the MOF O.M. No. 1/1/2008-IC dated 24.12.2008.

[O.M. No.49011/2/2017-Estt(C) dated 19.02.2018]

D. REGULARISATION OF IRREGULARLY APPOINTED WORKERS (in light of Uma Devi Judgement)

  1. A Constitution bench of the Supreme Court in civil appeal No. 3595- 3612/1999 etc. in the case of Secretary State of Karnataka and Ors. Vs. Uma Devi and others has reiterated that any public appointment has to be in terms of the Constitutional scheme. However, the Supreme Court in para 44 of the aforesaid judgement dated 10.4.2006 had directed that the Union of lndia, the State Governments and their instrumentalities should take steps to regularize as a one time measure the services of such irregularly appointed, who are duly qualified persons in terms of the statutory recruitment rules for the post and who have worked for ten years or more in duly sanctioned posts but not under cover of orders of courts or tribunals. The Apex Court has clarified that if such appointment itself is in infraction of the rules or if it is in violation of the provisions of the Constitution, illegality cannot be regularized.

[O.M. No. 49019/1/2006-Estt(C) dated 11.12.2006]

  1. The important points as quoted from the Uma Devi Judgement are reproduced below:
    • Equality of opportunity is the hallmark for public employment and it is in terms of the Constitutional Scheme only (Para 1).
    • The filling of vacancies cannot be done in a haphazard manner or based on patronage or other considerations (Para 2).
    • The State is meant to be a model employer and can make appointments only in accordance with the rules framed under Article 309 of the Constitution (Para 5).
    • Regularization is not and cannot be a mode of recruitment by any State within the meaning of Article 12 of the Constitution of India, or any body or authority governed by a statutory Act or the Rules framed thereunder. Regularization, furthermore, cannot give permanence to an employee whose services are ad hoc in nature. The fact that some persons had been working for a long time would not mean that they had acquired a right for regularisation (Para 27).
    • Any regular appointment made on a post under the State or Union without issuing advertisement inviting applications from eligible candidates and without holding a proper selection where all eligible candidates get a fair chance to compete would violate the guarantee enshrined under Article 16 of the Constitution (Para 30).
    • If it is a contractual appointment, the appointment comes to an end at the end of the contract (Para 34).
    • Regularization, if any already made, but not sub judice, need not be reopened based on this judgment, but there should be no further by-passing of the Constitutional requirement and regularizing or making permanent, those not duly appointed as per the Constitutional scheme (Para 44).
    • In cases relating to service in the commercial taxes department, the High Court has directed that those engaged on daily wages, be paid wages equal to the salary and allowances that are being paid to the regular employees of their cadre in government service, with effect from the dates from which they were respectively appointed. The objection taken was to the direction for payment from the dates of engagement. We find that the High Court had clearly gone wrong in directing that these employees be paid salary equal to the salary and allowances that are being paid to the regular employees of their cadre in government service, with effect from the dates from which they were respectively engaged or appointed. It was not open to the High Court to impose such an obligation on the State when the very question before the High Court in the case was whether these employees were entitled to have equal pay for equal work so called and were entitled to any other benefit. They had also been engaged in the teeth of directions not to do so. We are, therefore, of the view that, at best, the Division Bench of the High Court should have directed that wages equal to the salary that are being paid to regular employees be paid to these daily wage employees with effect from the date of its judgment. Hence, that part of the direction of the Division Bench is modified and it is directed that these daily wage earners be paid wages equal to the salary at the lowest grade of employees of their cadre in the Commercial Taxes Department in government service, from the date of the judgment of the Division Bench of the High Court. Since, they are only daily wage earners, there would be no question of other allowances being paid to them (Para 46).
  1. Additionally, it is also stated that vide the judgement of State of Karnataka Vs. M.L. Kesari dated 03.08.2010, the Hon’ble Supreme Court had clarified some aspects of the Uma Devi judgement which are pertinent for proper understanding of the said judgement dated 10.04.2006. These aspects brought out in the M.L. Kesari judgement are reproduced as under:
    • The employee concerned should have worked for 10 years or more in duly sanctioned post without the benefit or protection of the interim order of any court or tribunal. In other words, the State Government or its instrumentality should have employed the employee and continued him in service voluntarily and continuously for more than ten years.
    • The appointment of such employee should not be illegal, even if irregular. Where the appointments are not made or continued against sanctioned posts or where the persons appointed do not possess the proscribed minimum qualifications, the appointments will be considered to be illegal. But where the person employed possessed the prescribed qualifications and was working against sanctioned posts, but had been selected without undergoing the process of open competitive selection, such appointments are considered to be irregular.
    • The employees who were entitled to be considered in terms of Para 53 of the decision in Umadevi, will not lose their right to be considered for regularization, merely because the one-time exercise was completed without considering their cases, or because the six month period mentioned in para 44 of Umadevi has expired. The one-time exercise should consider all daily-wage/adhoc/those employees who had put in 10 years of continuous service as on 10.4.2006 without availing the protection of any interim orders of courts or tribunals. If any employer had held the one-time exercise in terms of para 44 of Umadevi, but did not consider the cases of some employees who were entitled to the benefit of para 44 of Umadevi, the employer concerned should consider their cases also, as a continuation of the one-time exercise. The one time exercise will be concluded only when all the employees who are entitled to be considered in terms of Para 44 of Umadevi, are so considered.
  1. It is also emphasized that all concerned administrative authorities should take steps to effectively defend the Court cases on the basis of principles in the Uma Devi judgement and instructions of DOPT within the limitation period without giving any scope to the Courts to decide the cases against the Government on grounds of delay in filing its reply/appeal. Any laxity in the matter to comply with these instructions leading to adverse orders of the Courts shall be viewed seriously inviting disciplinary action in the matter.

[O.M. No. 49014/7/2020-Estt.(C) dated 07.10.2020]

Note 1: Both the scheme of 1993 pertaining to Casual Labourers and Regularisation of irregularly appointed persons for 10 years or more in the light of Uma Devi judgement were one time measure only and no other scheme has been issued by DoPT.

Note 2: List of the OMs mentioned in this document is annexed. In case any reference to the relevant OM is required, the same may be accessed from the Archive Section of DoPT’s website.

*********

ANNEXURE

List of OMs mentioned in this Document

  1. [O.M. No. 49014/2/86-Estt(C) dated 07.06.1988]
  2. [O.M. No. 51016/2/90-Estt(C) dated 10.09.1993]
  3. [O.M. No. 49014/2/93-Estt(C) dated 12.07.1994]
  4. [O.M. No.49014/1/98-Estt(C) dated 01.04.1998]
  5. [O.M. No.49014/3/97-Estt(C) dated 01.04.1998]
  6. [O.M. No. 40011/6/2002-Estt(C ) dated 06.06.2002]
  7. [O.M. No. 49019/1/2006-Estt(C) dated 11.12.2006]
  8. [O.M. No.49014/3/2007-Estt(C) dated 18.10.2007]
  9. [O.M. No. 49014/4/2007-Estt.(C) dated 09.05.2008]
  10. [O.M. No.49014/2/2008-Estt(C) dated 04.08.2008]
  11. [O.M. No. 49014/3/2014-Estt(C) dated 16.10.2014]
  12. [O.M. No.49014/2/2014-Estt(C) dated 26.02.2016]
  13. [O.M. No. 49019/1/95-Estt(C) dated 14.06.2016]
  14. [O.M. No. 49019/1/95-Estt(C) dated 19.07.2016]
  15. [O.M.No.49014/2/2014-Estt(C) dated 28.07.2016]
  16. [O.M. No.49011/2/2017-Estt(C) dated 19.02.2018]
  17. [O.M. No.49014/2/2014-Estt(C)-Pt-I dated 11.10.2018]
  18. [O.M. No. 49014/1/2017-Estt(C) dated 04.09.2019]
  19. [O.M. No. 49014/5/2019-Estt.(C) dated 13.02.2020]
  20. [O.M. No. 49014/7/2020-Estt.(C) dated 07.10.2020
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