Sunday 31 December 2017

Greetings ....

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PLI/RPLI Mela organised at Malegaon Division

PLI/RPLI Mela organised at Malegaon Division




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Other Options in CSI POS Counter

Other Options in CSI POS Counter



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CAT/ Court has no power to direct promotion of a person - GOI

CAT/ Court has no power to direct promotion of a person - GOI

WGovernment Of India's Order
CAT/ Court has no power to direct promotion of a person, but can merely direct consideration / reconsideration.
[ G.I.,Dept.of Per.&Trg.,O.M.No.22011/4/94-Estt.(D), dated the 28th June, 1994.]

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Provisions of Court Fees Act do not apply for payment of fee to file application before CAT

Provisions of Court Fees Act do not apply for payment of fee to file application before CAT

Government Of India's Order

Provisions of Court Fees Act do not apply for payment of fee to file application before CAT.
[ G.I.,Dept.of Per.&Trg.,O.M.No.A-12018/4/86-AT, dated the 22nd May,1887.]
 
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TRADE UNION RIGHTS UNDER ATTACK

TRADE UNION RIGHTS UNDER ATTACK
WE WILL NOT SURRENDER OUR CONSTITUTIONAL RIGHT
                                                                                   M. Krishnan
                                                                                   Secretary General, Confederation.
Right to peaceful protest is a constitutional right and right to assemble and demonstrate by holding dharnas is the basic features of an effective democratic system.
                   Article 19 of the Indian Constitution is one of the most important article constituting the “basic feedoms” guaranteed to every citizen of India.  Article 19(1) provides that all citizens shall have the right to freedom of speech and expression, assembly, associations, movement, residence and practicing any trade, business, occupation or profession.  Article 19(1)(b) guarantees to all citizens of India, rights to “assemble peacefully and without arms”.  This right includes the right to hold meetings and take out processions.  Of course, assembly must be peaceful, harmonious,unarmed and not threatening the safety of the people. Reasonable restrictions can be imposed under clause(3) of Article 19.
                   The right to assembly embodies the very idea of a democratic system.  Article 9 (1)(b) thus includes the right to hold meetings and to take out  processions.  It has been reviewed, studied and interpreted numerous times by the Supreme Court.  In its judgements Supreme Court has upheld the right to peaceful protest as a constitutional right and the right to assemble and demonstrate by holding dharnas is the basic feature of democratic system.  People in a democracy have a right to raise their voices against the decisions and unreasonable actions of the Government or to express their opinion in any subject of national importance.  The Government is obliged to respect and encourage the exercise of such rights.

                   This being the position, the political powers have resorted to the use of authoritation powers to stop the Central Government employees from exercising their constitutional right of conducting peaceful dharnas and demonstrations on 19-09-2017 and 17-10-2017 under the banner of Confederation of Central Govt. Employees & Workers.  By conducting the programmes on 19-09-2017 and 17-10-2017 in a massive manner throughout the country, defying the Govt. orders, Confederation has upheld the constitutional right enshrined in the Constitution of India.
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2017 - OUR EXPERIENCE & 2018 - OUR PLEDGE

2017 - OUR EXPERIENCE & 2018 - OUR PLEDGE
TRUST OF EMPLOYEES AND PENSIONERS RETRAYED
AND THEIR HOPES ENDED IN DESPAIR
“THERE IS NO ALTERNATIVE TO THE STRUGGLE FOR EXISTENCE”
M. Krishnan

Secretary General, Confederation
                   Seventh Central Pay Commission Chairman, Justice (Retired) Ashok Kumar Mathur in his foreword to 7th CPC Report has quoted the following lines in the case of Bhupendra Nath Hazarika and another Versus State of Assam & others wherein the Supreme Court of India has observed as follows:
                   “It should always be borne in mind that legitimate aspirations of the employees are not guillotined and a situation is not created where hopes end in despair.  Hope for every one is gloriously precious and that a model employer should not convert it to be deceitful and treacherous.....  A sense of calm sensibility and concerned sincerity should be reflected at every step.  An atmosphere of trust has to prevail and when the employees are absolutely sure that their trust shall not be betrayed and they shall be treated with dignified fairness, then only the concept of good governance can be concretized.  We say no more.”
                   We don’t know whether the powers-that-be at the helm of affairs of the Central Government has ever read the above observations of the Apex Court quoted by 7th CPC.  Fact remains - BJP-led NDA Government has guillotined the legitimate aspirations of the Central Government employees and pensioners and created a situation wherein their gloriously precious hopes ended in despair.  The Government converted their hopes to be deceitful and treacherous.  The stand taken by the Government is devoid of calm sensibility and concerned sincerity.  Trust of the 32 lakhs employees and 33 lakhs pensioners is betrayed and their expectations of fair treatment from Government has been proved wrong.
Who gave the hopes and who betrayed:
                   In the wake of indefinite strike call given by National Joint Council of Action (NJCA) of Central Govt. Employees from 11th July 2016, in the crucial meeting held in the night of 30th June 2016, solemn assurance was given by none other than the topmost Cabinet Ministers of NDA Government Sri. Rajnath Singh, Home Minister, Sri. Arun Jaitley, Finance Minister and Shri. Suresh Prabhu, then Railway Minister.  It was told that Hon’ble Prime Minister Sri. Narendra Modiji has directed the group of Ministers to hold discussion with NJCA leaders.  Group of Ministers gave categorical assurance that minimum pay and fitment formula will be increased and for that purpose a High Level Committee will be constituted.  Again on 6th July 2016 Sri. Rajnath Singh, Home Minister, reiterated the assurance and Finance Ministry issued a press statement confirming the assurance.  Leaders and employees trusted the words of the Senior Cabinet Ministers.  Eighteen (18) months are over.  No High Level Committee is constituted.  No hike in minimum pay and fitment formula is granted.
Delaying tactics and then denial:
                   From the very begining of coming to power, the NDA Govt. has adopted a tactics of “delay and then deny” the legitimate aspirations of the Central Govt. Employees and Pensioners.  Pay Commission was granted four months extension.  Empowered Committee took seven months and pay scales were implemented without any change after seven months delay from the date of submission of 7th CPC report. Allowance Committee took one year and finally arrears of HRA and other allowances for eighteen months are denied.  Pension Option-I Committee was appointed to deny the one and the only favourable recommendations of the 7th CPC for Pensioners.  NPS Committee made it clear that withdrawl of NPS or guaranteeing minimum pension (50% of the last pay drawn) are not under its purview.  Anomaly Committee informed the JCM Staff side that 80% of the items submitted by staff side including increase in minimum pay and fitment formula will not constitute an anomaly and hence will not come under the purview of the Anomaly Committee.  Regarding implementation of the positive recommendations of Kamalesh Chandra Committee on Gramin Dak Sevaks (GDS) also almost eleven (11) months are over after the submission of the report to Govt. on 24-11-2016.  The brutal exploitation of casual and contract workers is increasing day by day.  Eventhough Modified Assured Career Progression (MACP) is not regular promotion, instead of seniority-cum-fitness Government imposed more stringent conditions to deny the promotions to thousands of employees.
Wage, Job, Social Security and Trade Union rights under attack:
                   Not only the legitimate pay and allowances of the Central Govt. employees are denied, their job security is also under attack due to the neo-liberal policies pursued aggressively by the NDA Government. Many work done by Railway Employees are outsourced and privatised and now leasing out of Railway stations and Railway Land to private corporates under PPP model is under progress. Decision has been taken by Government to outsource and privatise Defence production and related activities like Research, Maintenance and services etc. and to permit 100% FDI in Defence industry.  200 products being manufactured by the Ordinance factories are ordered to be handed over to private corporates.  Small Svings Schemes which was the monopoly of the Postal Department is outsourced to private banks and orders for outsorucing of booking and delivery of registered and speed post article is also issued.  Out of 17 Govt. of India Printing Presses 12 presses are ordered to be closed as per Cabinet decision.  Many other small departments are also facing the attack of outsourcing, privatisation and closure.
                   Orders are issued by Govt. threatening serious disciplinary action against employees who participate in dharnas, demonstrations and strikes.  JCM National Council meeting was not held for the last seven years.  Most of the Departmental Councils are not functioning. Chief Executives of recognised Associations are harassed and vindictively transferred and recognition and trade union facilities to the Associations are withdrawn.  Results of the membership verification under the Recognition Rules are not being declared and even verification process under check-off system is stopped half-way.
                   NPS has become “No-Pension System” as many of the employees who retired after 10 to 12 years are getting monthly annuity pension (from  Insurance Company) less than Rs.2,000/- only whereas the minimum pension for 10 years service under the old pension scheme is now Rs.9,000/-.  Government is not ready to heed the demand of the staff side to withdraw Contributory Pension Scheme and guarantee minimum pension (50% of the last pay drawn) to all under Contributory Pension Scheme.  The observations of the 7th CPC that - “almost the whole lot of Government employees appointed on or after 01-01-2004 are unhappy with the New Pension System.  Government should take a call and look into their grievances”remains in paper.  Thus the social security of the employees is facing greatest threat from Government.
‘Tough time never last, but tough people do’
                   No doubt the entire working class along with Central Government employees are passing through a tough period.  Their life and livelihood are under attack.  And at the same time resistance movement against the policy offensives are gaining momentum.  Entire Trade Unions (barring BMS) has organised three days “Maha Dharna” at New Delhi in which lakhs of workers participated.  BMS was also compelled to organise a separate protest programme against the retrogade policies of the Narendra Modi Government.  Central Government employees under the banner of Confederation conducted series of agitational programmes like Parliament March, One day strike, Mass dharna in front of Finance Minister’s Office, Human Chain, Burning of HRA Orders, District level dharnas, State level dharnas etc. demanding settlement of  21 point charter of demands submitted  to Government.  Coming days will witness more sectoral struggles and joint struggles leading to indefinite strike.
No alternative for struggle:
                   Thus the struggles of the Working Class which was hitherto defensive in nature, is becoming more and more offensive.  We have to intensify our struggle during 2018 for our survival.  Let us remember and tell our friends in the Central Govt. Employees movement who are waiting peacefully and endesslyhoping for justice from NDA Government -
                   “Organise if you want real living wages, organise if you want to have your working hours reduced, organise if you desire better treatment from your superior officers, organise if you want that the authorities should consult and consider your opinion on all administrative measures affecting you. Petitions, memorandums and supplications will count for nothing, so long as you do not organise yourselves in a manner to convice the Government that you will no longer stand nonsense.”
                   Let us march forward with full commitment and determination. 
                   Ultimate victory shall be ours.
If  it weren’t for the Union
Our union’s story is there to be seen,
We’ve won many victories and we’ve suffered defeats,
But as I turn through the pages and look back through time,
There’s one single question stands out in my mind -
Today we may prosper, today we live free,
But if it weren’t for the union, where would we be?

From it’s humble beginnings our union has grown,
So no working person need struggle alone.
But no gain that’s been made has been made without cost,
And together we’ll see that no gain’s ever lost;
Take a look at those countries where workers aren’t free-
If it weren’t for the union, where would we be?

Would you choose to go back, working twelve hours a day,
Would you choose to toil more and a pittance be paid?
Will you stand in the union against the new right,
or do you think on your own you can withstand their might?
The answer is written in our history,
If it weren’t for the union, where would we be?

They say we’ve got problems, and the unions they blame,
Well, Franco and Pinochet they said the same.
If our union they weaken, if our union they break,
Then where’s our defence from becoming enslaved?
So would you choose bondage above liberty?
And if it weren’t for the union, where would we be?

It’s our union, our union that defends our rights,
But our union is as strong as our will is to fight,
For the union is you and the union is me,
So stand up and stand by our union.
                                                 - Peter Hicks and Geoff Francis.
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Happy New Year 2018





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Unique Identification? 5000 Villagers In MP Have Same Birthday On Aadhaar Card

Unique Identification? 5000 Villagers In MP Have Same Birthday On Aadhaar Card

While there has been a massive outcry about linking pan cards, mobile numbers, bank accounts and what not, in the country, authorities are adamant to commit errors and add to people’s woes.
In a small town in Madhya Pradesh, more than 5,000 people from five villages have the same birth date on their Aadhaar card due to some technical glitch.
Around 80% of the people in Palsoda, Devpura, Fatah Nagar, Jetpuria and Bhopalganj villages in Neemuch, MP – with an approximate population of 7,000 have the same birthday – January 1.
Because of this technical error, many people are being denied the government schemes that they were entitled to.
The villagers have complained to the authorities that details on their other documents and Aadhaar cards do not match.
The software for Aadhaar is designed in a way that it automatically lists January 1 as the date of birth for people who do not know their actual birthday. It takes between 5-10 days to get the correction done.
The lackadaisical approach from the government in a matter to worry. In Jharkand, people have died of hunger recently because they did not link their ration card to Aadhaar, and were hence denied subsidised food.
Source: IT
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Aadhaar Linking: Customers Irked As Banks Block ATM Cards A senior citizen, who was among those waiting to get his account linked, was furious with the bank for forcing him to rush, almost three months ahead of the March 31 deadline. By Prakash Malankar On Dec 31, 2017 There was total chaos at the main branch of SBI Coimbatore, as irate customers flooded the premises, questioning the bank’s move to block their ATM cards without a warning. Many customers, including those on a holiday, experienced anxious and embarrassing moments when they found that their ATM cards had been blocked since they hadn’t yet linked their accounts with Aadhaar and PAN. Such instances have become rather common over this fortnight. Recently, a woman reportedly had to rush to the bank to draw cash because here card wouldn’t work at the hospital, where her husband had been admitted following a road accident.

Aadhaar Linking: Customers Irked As Banks Block ATM Cards

A senior citizen, who was among those waiting to get his account linked, was furious with the bank for forcing him to rush, almost three months ahead of the March 31 deadline.

There was total chaos at the main branch of SBI Coimbatore, as irate customers flooded the premises, questioning the bank’s move to block their ATM cards without a warning.

Many customers, including those on a holiday, experienced anxious and embarrassing moments when they found that their ATM cards had been blocked since they hadn’t yet linked their accounts with Aadhaar and PAN.
Such instances have become rather common over this fortnight. Recently, a woman reportedly had to rush to the bank to draw cash because here card wouldn’t work at the hospital, where her husband had been admitted following a road accident.
Anxious and irate customers are queueing up at bank branches, with complaints and queries.
A senior citizen, who was among those waiting to get his account linked, was furious with the bank for forcing him to rush, almost three months ahead of the March 31 deadline. “Are they not aware that the deadline has been extended? I rushed here only because I have to pay my bills and domestic help in the first week of January and don’t want to be stuck with a non-working ATM card,” he said.
Coimbatore Consumer Cause’s secretary K Kathirmathiyon questioned the banks’ move. “It is highly objectionable that the banks are doing it (linking Aadhaar and bank accounts) in such a hurry and using threatening tactics to ensure customers comply,” he said, urging the banks to un-block the cards.
Source: BL
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Issuing of Aadhaar cards through post offices and banks

Issuing of Aadhaar cards through post offices and banks
GOVERNMENT OF INDIA
MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY
RAJYA SABHA
UNSTARRED QUESTION NO-900
ANSWERED ON-22.12.2017
Issuing of Aadhaar cards through post offices and banks
900 . Shri Dharmapuri Srinivas
Will the Minister of ELECTRONICS AND INFORMATION TECHNOLOGY be pleased to state:
(a) whether it is a fact that the Government is contemplating on handing over the work of issuing of Aadhaar Cards to Post Offices and Banks in the country; and
(b) if so, the details thereof
ANSWER
(a) and (b): Department of Post, as Registrar of UIDAI, has been mandated to set up Aadhaar enrolment and update facility in designated post offices throughout the country. In addition, banks have also been mandated under Regulation 12A of the Aadhaar (Enrolment and Update) (Second Amendment) Regulations, 2017 (No. 2 of 2017) and the Aadhaar (Enrolment and Update) (Third Amendment) (No. 3 of 2017) to set up Aadhaar enrolment and update facility in a minimum one out of every ten bank branches.
RAJYA SABHA
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5G services in India

5G services in India

GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS
RAJYA SABHA
UNSTARRED QUESTION NO-62
ANSWERED ON-15.12.2017
5G services
62 . Shri Sanjay Seth
(a) whether Government has set up a high-level forum that will evaluate and approve roadmap and action plan to bring in the latest technology in the country to roll out 5G services;
(b) if so, the details thereof along with composition of the forum; and
(c) the steps taken by the Ministry to improve the existing 3G and 4G networks in the country and to increase the access of 3G and 4G services in various areas to have a better internet experience?
ANSWER
THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS &
MINISTER OF STATE IN THE MINISTRY OF RAILWAYS
(SHRI MANOJ SINHA)
(a) & (b) Yes Sir. The Government has constituted High Level Forum for 5G India 2020 on 22nd September 2017. The details of the composition of 5G forum is given in Annexure.
(c) In order to facilitate improvement and expansion of networks, including existing 3G and 4G networks in the country, the Government has, inter-alia, initiated a series of measures, like: –
(i) Making available sufficient spectrum for mobile services,
(ii) Allowing Spectrum sharing, trading and liberalization of administratively allocated spectrum as per the guidelines to facilitate efficient utilization,
(iii) Permitting sharing of active as well as passive infrastructure by the telecom service providers for achieving higher utilization of efficiency,
(iv) Facilitating use of Government estate for installation of mobile towers on multiple-sharing basis
RAJYA SABHA
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Linking of Aadhaar with ration cards

Linking of Aadhaar with ration cards
GOVERNMENT OF INDIA
MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
RAJYA SABHA
UNSTARRED QUESTION NO-85
ANSWERED ON-15.12.2017
Linking of Aadhaar with ration cards
Shri Ram Kumar Kashyap
(a) whether an eleven year old girl died on 28th September, 2017 at her village in Jharkhand after stoppage of subsidised foodgrains for months owing to cancellation of ration card for want of Aadhaar linkage;
(b) if so, the action Government proposes to take in the matter;
(c) the total number of ration cards not linked to their Aadhaar unique ID number, State/Union Territory-wise; and
(d) the policy of Government to provide subsidized foodgrains to BPL families?
ANSWER
MINISTER OF STATE FOR CONSUMER AFFAIRS, FOOD & PUBLIC DISTRIBUTION
(SHRI C. R. CHAUDHARY)
(a) & (b): The Government of Jharkhand informed that the girl Miss Santosh Kumari of Karimati village of Simdega District died owing to disease and not due to hunger. The Government of Jharkhand has further informed that the family of deceased had Priority Household Ration card which was deleted on 22.7.17. Aadhaar card of mother of deceased was submitted to Fair Price Shop [FPS] in month of August, 2017.
Government of Jharkhand has also informed that District Grievance Redressal Officer[DGRO] Simdega passed an order to pay the food security allowance to the family for the month of August 2017 as per provisions of National Food Security Act, 2013 and that FPS dealer concerned and Incharge Area Supply Officer [Prabhari Prakhand Aapoorti Padadhikari] were placed under suspension and a new Antyodaya Anna Yojna Ration card was issued to household.
Letter dated 24/10/17 have been issued to all State/UT Governments to strictly comply with the provisions of the Notification issued by this Department vide SO No.317[E] dated 8/2/17[as amended from time to time]. The said Notification has clear provisions for distribution of the benefits of subsidized foodgrains/cash transfer of food subsidy under NFSA to those eligible beneficiaries who do not possess Aadhaar number. The notification as well as letter dated 24/10/17 have been uploaded on the official web site of this Department i.e. www.dfpd.nic.in.
(c ): A State-wise statement showing the total number of Rations cards linked/seeded with Aadhaar is at Annexure .
(d): After implementation of NFSA, criteria of identification of beneficiaries/households has been de-linked from BPL/APL categories and beneficiaries are identified under two categories namely;
(i). AAY Households, and
(ii). Priority Households
The eligible households under the above categories are required to be identified by State/UT Governments and are entitled to receive foodgrains (rice, wheat or coarsegrains or any combination thereof) under TPDS @ Rs 3/-, 2/- & Re 1/- per kg respectively with entitlements of priority households being @ 5kgs per person per month and AAY families getting @ 35 kg per family per month as per the AAY scheme.
RAJYA SABHA
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Request letter for grant of Grade Pay of Rs 5400/- after completion of 4 years of regular service in G.P. of Rs. 4800/- earned under MACP Scheme.

Request letter for grant of Grade Pay of Rs 5400/- after completion of 4 years of regular service in G.P. of Rs. 4800/- earned under MACP Scheme.

To
Sh. A.N.Nanda,
The Secretary (Post)
                 Department of Post
                 Dak Bhawan, Sansad Marg
                 New Delhi-110011 

Respected Sir,

        Association wishes to bring to your kind notice the following provisions requiring in-depth analysis, favouring for grant of GP of Rs. 5400/- to those entire IP cadre officials, after immediate completion of their regular service in GP of Rs.4800/- earned under MACP. It is hoped that these would certainly find in line and would be taken into consideration before arriving at a just and favourable decision. This representation is preferred upon a judicial pronouncement by the Hon’ble Madras High Court in Writ Petition No.13225/2010 M. Subramaniam v. Union of India and others, decided on 06.09.2010 and also an order passed by the Principal Bench in OA-2930/2014.  
As per Government of India’s Resolution No.  M.F No. 1/1/2008-1C, dated 29.08.2008 ,clause (x) (e), “Group-B officers of Departments of Posts, Revenue, etc. will be granted Grade Pay of Rs, 5,400/- in PB-2 on non – functional basis after 4 years of regular service in the grade pay of Rs,4,800/- in PB-2”. As per this clause all the group “B” officers of Department of post, Revenue etc will be granted grade pay of Rs. 5,400/- in PB- 2 on non functional basis after 4 years of regular service in the grade pay of the 4800 in PB-2.
Further, as per Para 9 of the Annexure I to DoPT O.M. dated 19.05.2009 issued from F.No. 35034/3/2008-Estt.(D):  “Regular Service for the purpose of the MACPS shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or on absorption / re-employment basis…...past continuous regular service in another Government Department in a post carrying same grade pay prior to regular appointment in a new Department, without a break, shall also be counted towards qualifying regular service for the purpose of MACPS….’’.As per Para 2 of DoP&T OM No 5034/3/2008-Estt(D)(Vol.II) dated 01.11.2010: “….financial upgradation under the MACPS shall be allowed in the immediate next higher grade pay in the hierarchy of revised pay bands as given in CCS (Revised Pay) Rules, 2008”.
The 1st schedule of CCS(RP) Rules, 2008 as mentioned in Rule 3 & 4 above, pay band & grade pay on the pay scale as applicable for every post/grade shall be specified. Para 7.6.14 of the report of Pay commission would make it clear that a Group “B” officer in PB-2 with a Grade pay of Rs. 4800/- will get the Grade Pay of Rs. 5400/- after completing 4 years of regular service on non – functional basis. The enhancement of grade pay is not dependent on the post, but on regular service of 4 years in Grade Pay of Rs. 4,800/- in PB-2 (Rs.7,500- 12000 pre-revised).
In this context, it is pertinent to mention here that as per GOI resolution 1/1/2008 IC dated 29.8.08 does not make a categorization within Group B cadres viz ASP/ Supdt. in Departments of Post for the purpose of grant of Grade Pay of Rs 5400/- as both cadre are in Group B and enjoying  gazetted status. In terms of MACP scheme notified by the DoPT vide OM No 35034/1/97- Estt(D)  dated 9.8.1999, the financial up-gradation under the scheme should be granted to the pay scale of the next hierarchical cadre.
It is not out of place to mention here that on plain reading of DOP&T memorandum No. 10/02/2011.E.III/A dated 7-1.2013 leads to the conclusion that either pay of the officer on assuming higher responsibility should be fixed under FR 22 1(a) 1 in the same GP treating regular service on promotion in the relevant GP or financial upgradation under MACP or otherwise should be considered a regular service in that GP. Two separate interpretations on one issue are bad in the eyes of law and are considered mischievous, far-fetched, hyper technical and illegal.
Similar matter had come up for decision before the Hon’ble Central Administrative Tribunal Madras Bench. The said tribunal had ruled in favour of the employee to the effect that if an officer has completed 4 years on 01.01.2006 or earlier, he will be given the non-functional upgradation with effect from 01.01.2006 and “if the officer completes 4 year on a date after 01.01.2006, he will be given non-functional upgradation from such date on which he completes 4 year in the pay scale of Rs.7,500-12,000 (pre-revised), since the petitioner admittedly completed 4 year period in the pay scale of Rs.7500-12000 as on 01.01.2008, he is entitled to grade pay of Rs.5400/-. In fact, the Government of India, having accepted the recommendations of the 6th Pay Commission, issued a resolution dated 29.08.2008 granting grade pay of Rs.5400/- to the Group-B Officers in Pay Band 2 on non-functional basis after four years of regular service in the grade pay of Rs.4800/- in pay band-2. Therefore, denial of the same benefit to the petitioner based on the clarification issued by the Under Secretary to the Government was contrary to the above said clarification and without amending the rules of the revised pay scale, such decision cannot be taken. Therefore, we are inclined to interfere with the order of the Tribunal”.
The said decision was challenged by the revenue department before the Hon’ble High court of Madras. The challenge made by the department had been rejected by the said court meaning thereby the CAT orders stood affirmed. The judgement passed by the Hon’ble High court of Madras was challenged before the Hon’ble Supreme Court of India and challenge so made stood rejected even by the Hon’ble Apex court. As such orders passed by CAT bench become applicable to all similar placed officers being the SLP rejected by Hon’ble Apex court so should be applicable to the officer of DOP also.
It is pertinent to mention here that in similar placed applicant other benches of CAT upheld the decision of Hon’ble High Court of Madras and passed orders”Considering the reasoning given by the Hon’ble Madras High Court, we declare the action of the respondents in not granting the grade pay of Rs.5400/- to the applicants on completion of four years service in grade pay of Rs.4800 as illegal and unjustified”.
Recently Ministry of Information and Broadcasting vide letter no F. No.515/63/2016-BA(E) after having approval of Department of Expenditure, MOF as conveyed vide UO NO. 22(4)/E.III.B dated 10.11.2017 extended benefit of Grade pay of Rs. 5400/- in PB-II on non functional basis after 4 years of regular service in the grade pay of Rs.4800/- in PB-II to all similar placed officers in their department. Whereas, PS Group B officer of DOP are more analogous than AEs of Ministry of Information  Broadcasting as in Government of India’s Resolution No.  M.F No. 1/1/2008-1C, Dt. 29.08.2008, clause (x) (e),“Group-B officers of Departments of Posts, Revenue, etc. is clearly spelled out.
        In the light of above submissions, it is most humbly prayed that Non Functional Grade Pay of 5400/- may please be granted to all the IP/ASP/PS Group B officers effective from the date they have completed 4 years regular service in Grade Pay of 4800/-. This will meet the end of justice.
        With profound regards.

Yours Sincerely
  
(R N Yadav)
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Draft Letter to Secretary Posts from Postal officer Association,

To
Sh. A.N.Nanda,
The Secretary (Post)
                           Department of Post
                          Dak Bhawan, Sansad Marg
                          New Delhi-160017 
 Respected Sir,

On behalf of the Postal officer Association, I wish to bring to your kind notice one of the issues pending since long regarding non-grant of increment while placing the Group B officers in the GP of Rs. 5400/- particularly those promoted after 1-1-2012. It is being kindly recalled that this concern was brought to your kind notice and your predecessor too through various communications. Now the equation has changed on granting GP of Rs.4600/- to IPs but without any relief and solace to Group B officers.
            It is reiterated that on the recommendation of 6th CPC, IPs i.e. our feeder cadre having pre revised scale of 5500-175-9000 were placed in the GP of Rs.4200/-, ASPs in 4600/- and Group B in 4800/- coupled with GP of Rs 5400/- after 4 years of service. Consequently many our members were getting pay fixture under 2nd and 3rd MACP to that level on personal basis without actual promotion. There was only charm of getting fixture after four years of service on joining Group B under non functional GP of 5400/- but unfortunately this fixture has also been withdrawn by the department without any logic, reason and rhyme while placing Group B officer at level 9 on implementation of 7th pay commission.  Whereas Ministry of Finance vide F No. 26017/219/2016- Ad.II.A dated 10-4-2017 has clarified to the revenue department that since 7th CPC recommended only normal replacement pay level for Superintendents so NFGP introduced on the basis of 6th CPC recommendation will continue under 7th CPC regime by replacing the pay structure of pay band and Grade pays with the corresponding Pay Levels/ Cells in Pay Matrix. Our department is silent on this texture too leaving Group B officer in lurch.
Now on grant of GP of Rs. 4600/- to IPs w.e.f 1-1-2006 having equivalent replacement scale of 7450-225-11500 will create more anomalies in the hierarchy that needs to be looked into on priority. Keeping ASPs at the same GP of Rs.4600/- that has not even enjoyed by ASPs before implementation of 6th pay commission is arbitrary, discriminatory and against equality. Under 5th pay commission the ASPs in the pay scale of 6500-10500 were given replacement higher scale of 7450-225-11500 without any benefit of increment. Since the ASPs have been placed in identical scale so as provided in MOF OM No. 10/2/2011.E.III/A dated 7-1-2013, the fixation of pay on promotion from one post to another where promotional post carries the same GP as the feeder post, in such cases fixture of pay will be done in the manner as prescribed in Rule 13 (i) of CCS (RP) rules 2008.  Apparently ASPs now in PS Group "B" or "A"are also eligible for grant one increment w.e.f 1-1-2006 in the identical scale having two different cadres. Besides, bunching benefit should be given retrospectively.
On the recommendation of 7th CPC, pre-revised Grade Pay of Rs 4800/- in pay scale of Rs 9300-34800 in PB (2) has been replaced with Grade pay of Rs. 5400/-with effect from 01-01-2016 to PS Group “B” officers with simple replacement as given in the illustration too. However in view of clarification issued by Ministry of Finance vide F No. 26017/219/2016- Ad.II.A dated 10-4-2017 NFGP introduced on the basis of 6th CPC recommendation will continue under 7th CPC regime by replacing the pay structure of pay band and Grade pays with the corresponding Pay Levels/ Cells in Pay Matrix. As such all PS Group B officers are eligible for fixture of pay on completion of four years of service in Group B with corresponding pay levels/cells in  Pay Matrix.
It is therefore urged to kindly intervene and get the above anomalies settled early by issuing orders to re-fix the pay of PS Group B officers’ w.e.f 1-1-2006 starting  from  IP/ASP cadre onward so that the members of the Association may not feel discriminated.
With warm regards
Yours sincerely,

(R N Yadav )
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अब डाकघर खाते में भी जमा होगी एलपीजी की सब्सिडी

अब डाकघर खाते में भी जमा होगी एलपीजी की सब्सिडी



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