Tuesday 30 November 2021

Views of DFS on Coverage under Old Pension Scheme after Courts’ Judgement

 Views of DFS on Coverage under Old Pension Scheme after Courts’ Judgement न्यायालयों के फैसलों के बाद पुरानी पेंशन योजना के अंतर्गत कवरेज के संबंध में वित्तीय सेवा विभाग के विचार

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF FINANCIAL SERVICES

RAJYA SABHA
UNSTARRED QUESTION NO. 196
TO BE ANSWERED ON 301! NOVEMBER, 2021 (TUESDAY)/ /AGRAHAYANA 9,
1943 (SAKA)

VIEWS OF DFS ON COVERAGE UNDER OLD PENSION SCHEME AFTER COURTS’ JUDGEMENTS

196. Shri Neeraj Shekhar:
Will the Minister of FINANCE be pleased to state:

a) Whether Department of Pension and Pensioners’ Welfare (DoP&PW) has sought views of the Department of Financial Services (DFS) for excluding those employees of Central Government whose advertisements for recruitment were issued on or before 31/12/2003 from purview of New Pension Scheme (NPS) and to cover them under Old Pension Scheme in view of various judgements of Supreme Court and various High Courts;

b) If so, whether DES has furnished its comments to DoP&PW;;

c) If so, the details thereof along with the details of suggestions/recommendations made in this regard; and

d) If not, the reasons for delay and by when views of DFS would be furnished?

ANSWER

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE
(DR BHAGWAT KARAD)

a) Yes, Sir.

b) Yes, Sir.

c) As Department of Pension and Pensioners’ Welfare (DoP&PW) have been entrusted with the formulation of policy and co-ordination of matters relating to retirement benefits to Central Government Employees (Civil, Defence, and Railway Pensioners) under Government of India (Allocation of Business) Rules, 1961, DoP&PW has been requested to take appropriate decision with regard to matter mentioned in part (a) of the Question.

d) Does not arise.

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Once a year "Post Office" - Now open at Sabarimala (Kerala)

 Once a year "Post Office" - Now open at Sabarimala (Kerala)

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Conduct & Disciplinary Rules – 88 : (Compiled By Com Kayveeyes)

Conduct & Disciplinary Rules – 88 : (Compiled By Com Kayveeyes)

 Conduct & Disciplinary Rules – 88 : (Compiled By Com Kayveeyes) 

RELAX, REFRESH RULING KNOWLEDGE

CCS - CONDUCT RULES 1964

24. What is the time limit prescribed by the Postal Department for processing the representations of the officials?

P&T Board has issued instructions to all Heads of Adm. Offices in the letter No. 201/40/75-Disc, dated 23rd July, 1975 that the staff cases should be dealt with in the following manner:-

(a)   Action must be taken within a week,

(b)   Decision may be taken within a fortnight, and

(c)   At any rate the decision must be taken within a month.

25. What is the time limit prescribing DOPT in disposal of individual representations?

In M.H.A., O.M No. 25/34/68-Estt. (A), dated 20-12-1968 time limits for disposal of various types of representations have been prescribed.  It is anticipated that an appeal or petition cannot be disposed of within a month of its submission, an acknowledgement or interim reply should be sent to the individual within a month.

(DOPT No. 11013/7/99-Estt (A) dated 01.11.1999)

26. How the advance copies of representations shall be disposal off? What is the guiding principle?

(i)    If the advance copy does not clearly show that all means of securing attention or redress from lower authorities have been duly tried and exhausted, the representations should be ignored or rejected summarily on that ground, the reasons being communicated briefly to the Government servants.  If the Government servant persists in thus prematurely addressing the higher authorities, suitable disciplinary action should be taken against him.

(ii)   If the advance copy shows clearly that appropriate lower authorities have been duly addressed and exhausted, it should be examined to ascertain whether on the facts, as stated some grounds for interference or for further consideration appear, prima facie to exits where no such grounds appear, the representation may be ignored or summarily rejected, the reasons being communicated briefly to the Government servant.

(DG P&T No. 118/52-Ests dated 30.04.1952)

27. What is the time limit prescribed for disposal of representations requiring inter departmental consultations?

A representation made by an employee requiring examination within the Ministry / Dept. should be disposed of within six weeks.  Representations requiring inter-departmental consultations should be disposed of within three months.  Final reply should be self-contained, covering all points raised by the employee and if rejected, grounds for rejection should be clearly given. 

                                    (DOPT OM No. 28034/6/2002-Estt (A) dated 11.01.2002) 

28.What is the CVC guidelines about action on anonymous/pseudonymous complaints?

     No action is to be taken by the departmental/organizations, as a general rule, on anonymous/pseudonymous complaints received by them. However, if any department/organisation proposes to look in to any verifiable facts alleged in such complaints, it may refer the matter to the commission seeking its concurrence through the CVO or the head of the organization, irrespective of the level of employees involved therein.

(CVC NO. 98/DSP/9 dated 11.10.2002

 

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Delegation of powers to circle heads for reimbursement medical claims under MH(A) rules,1944

 Delegation of powers to circle heads for reimbursement medical claims under MH(A) rules,1944



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AICPIN for the Month of October 2021

 AICPIN for the Month of October 2021

The All-India CPI-IW for October, 2021 increased by 1.6 points and stood at 124.9 (one hundred twenty four and point nine)

Consumer Price Index for Industrial Workers (2016=100) – October, 2021

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 October, 2021 is being released in this press release.

The All-India CPI-IW for October, 2021 increased by 1.6 points and stood at 124.9 (one hundred twenty four and point nine). On 1-month percentage change, it increased by 1.30 per cent with respect to previous month compared to an increase of 1.19 per cent recorded between corresponding months a year ago.

The maximum upward pressure in current index came from Food & Beverages group contributing 1.31 percentage points to the total change. At item level, Mustard Oil, Tomato, Onion, Brinjal, Cabbage, Cauliflower, Lady’s Finger, Peas, Potato, Cooking Gas, Petrol for Vehicle, etc. are responsible for the rise in index. However, this increase was largely checked by Moong Dal, Fish Fresh, Apple, Grapes, Orange, Ginger, etc. putting downward pressure on the index.

Shri D.P.S.Negi, Principal Labour & Employment Advisor & Chief Labour Commissioner(C) informed that at centre level, Udham Singh Nagar recorded a maximum increase of 5.8 points followed by Ramgarh and Biswanath-Chariali with 4.6 points and 4.0 points respectively. Among others, 5 centres observed an increase between 3 to 3.9 points, 22 centres between 2 to 2.9 points, 39 centres between 1 to 1.9 points and 16 centres between 0.1 to 0.9 points. On the contrary, Ludhiana recorded a maximum decrease of 0.3 points followed by Idukki and Darjeeling with 0.2 points each.

Year-on-year inflation for the month stood at 4.50 per cent compared to 4.41 per cent for the previous month and 5.91 per cent during the corresponding month a year before. Similarly, Food inflation stood at 2.20 per cent against 2.26 per cent of the previous month and 8.21 per cent during the corresponding month a year ago.

The next issue of CPI-IW for the month of November, 2021 will be released on Friday, 31st December, 2021.

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Time Limit And Procedure For Seeking Reconsideration Of Central Vigilance Commission’s First Stage Advice

 Time Limit And Procedure For Seeking Reconsideration Of Central Vigilance Commission’s First Stage Advice

CENTRAL VIGILANCE COMMISSION

Satarkta Bhawan, G.P.O. Complex,
Block A, INA, New Delhi-10023
No. 008/VGL/027
Dated: 25.11.2021

Circular No. 20/11/21

Subject: Time limit and procedure for seeking reconsideration of Central Vigilance Commission’s First Stage Advice-reg.

Reference: (i) Commission’s letter No. 000/DSP/1 dated 06.03.2000
(ii) Commission’s Circular No. 15/4/08 dated 24.04.2008
(iii) Commission’s Circular No. 06/08/2020 dated 06.08.2020

Attention is invited to Para 1.6.4 of Chapter I of Vigilance Manual, 2021 and also to the guidelines/ circulars as referred to above, relating to the procedure and time limit for seeking reconsideration of Commission’s First Stage Advice.

2. As per existing instructions, the organizations/authorities concerned are required to approach the Commission for reconsideration of its First Stage Advice, within a period of one month of the receipt of the Commission’s advice, in case they propose to differ with the same.

3. The issue has been considered by the Commission in the light of references received from the authorities concerned. seeking reconsideration of Commission’s First Stage Advice. It has been observed that on occasions, the proposal for reconsideration of Commission’s First Stage Advice is received after the prescribed time limit of one month and the reasons for delay cited by the authorities concerned, are found to be logically acceptable. After considering the matter in detail and on review of the existing time limit, the Commission has decided that proposal for reconsideration of its First Stage Advice may be sent by the organizations/authorities concerned within a period of two months from the date of receipt of Commission’s First Stage Advice. However, it may be noted that the proposal for reconsideration of Commission’s First Stage Advice should be sent only 1n those rare cases where some additional/new material facts have come to light, which could not be considered earlier. The reasons for not examining/considering the facts earlier, should be specified while approaching the Commission for reconsideration of its First Stage Advice and the proposals should be sent with the approval of the Disciplinary Authority/Head of the Department/Chief Executive of the organizations concerned.

4. It may also be noted that the proposal for reconsideration of Commission’s First Stage Advice would be entertained ‘only once’. Such proposals, if not accompanied with new/additional facts and due examination of the same, are liable to be summarily rejected by the Commission.

5. The provisions of Para 1.6.4 of Vigilance Manual, 2021 would stand amended to the above extent.

6. All CVOs/Administrative Authorities are requested to ensure strict compliance to the above instructions.

(Rajiv Verma)
Director

Source: CVC

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Unique Face Recognition Technology for Pensioners

 Unique Face Recognition Technology for Pensioners

 Ministry of Personnel, Public Grievances & Pensions

Union Minister Dr Jitendra launches unique Face Recognition Technology for Pensioners, says it will bring Ease of Living for the retired and elderly citizens

Technology to benefit 68 lakh Central Government Pensioners and Crores of Pensioners from EPFO and State Governments: Dr Jitendra Singh

Posted On: 29 NOV 2021 4:26PM by PIB Delhi

Union Minister of State (Independent Charge) Science & Technology; Minister of State (Independent Charge) Earth Sciences; MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh today launched unique Face Recognition Technology for Pensioners and said, this will bring ease of living for the retired and the elderly citizens.

Dr Jitendra Singh said that Face Recognition Technique of giving Life Certificate is a historic and far reaching reform, since it will touch the lives of not only 68 lakh Central Government Pensioners but also Crores of Pensioners who fall outside the jurisdiction of this Department such as EPFO, State Government Pensioners etc. He thanked National Infomatics Center (NIC), the Ministry of Electronics & Information Technology as well as UIDAI (Unique Identification Authority of India) for devising this technology and making such an initiative of Department of Pension & Pensioners’ Welfare possible.

Dr Jitendra Singh said that the government headed by Prime Minister Narendra Modi has always sought "ease of living" for all sections of society including the retirees and pensioners who are the nation's assets with all their experience and long years of service rendered by them. He also reiterated that during the Corona pandemic too, the Department of Pension brought about several reforms for release of provisional pension/family pension.

The Minister said that the Department of Pension has been extensively using technology to achieve this end, be it introduction of Digital Life Certificate, introduction of an intelligent common software “Bhavishya” for all Government of India Ministries for processing Pension cases. He said, the effort in issuing Electronic PPOs and pushing the same in Digi locker is a huge step towards Ease of Living and transparency. He said, the Department has also been bringing out e-booklets for Pensioner awareness and carrying out an Awareness campaign on Twitter, Facebook, Youtube, and other social media. The informative films on social media have become quite popular showing a record number of hits, he added.

Dr Jitendra Singh said, the Grievance redressal portal CPENGRAMS along with a Call-centre is another example of digitization. He said, at the behest of the Prime Minister, the Department also started a portal entitled “Anubhav” to show-case the experiences in Government of retiring officials which has now become a huge resource base for us. The Department not only introduced the concept of Pension Adalats but has leveraged technology to hold digital Adalats through video-conferencing.

Dr Jitendra Singh also informed that the Department of Pension had started the system of registering Pensioners’ Associations in different cities and with around 46 registered Associations in different cities, the Department has been able to strengthen its hands in being able to reach the grass-root level of the Pensioners for helping them as well as taking help from them in spreading awareness of the Pension Policy Reforms. He added that recently the Department brought out NPS Service-related Rules as well as Gratuity Rules for officials covered under NPS. The Minister hoped that the mammoth task of Review & Rationalisation of CCS (Pension) Rules, 1972 has reached the final stages and shall be released shortly.

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Conduct & Disciplinary Rules – 87 - (Compiled By Com Kayveeyes)

 Conduct & Disciplinary Rules – 87 - (Compiled By Com Kayveeyes)

 RELAX, REFRESH RULING KNOWLEDGE

CCS - CONDUCT RULES 1964

22. Sexual harassment of women in work place is punishable; Explain?

As per the provisions of rule 3 CCS (Conduct) rule 1964 amended vide Govt Notification dated 13.2.1998, sexual harassment of women in work place will not be tolerated. Here ignorance of rule cannot be cited as an excuse for indulging any kind of harassment of women. Women employees can inform their superiors or write to the competent authority nominated by the Departments.

Any form of unwelcome behaviour towards women employees can be termed as sexual harassment.

For example:

-          Passing vulgar comments on women employees,

-          Making obscene gesture, expressions or actions, writing obscene things on the walls, sending obscene letters to women employees,

-          Displaying nude or vulgar picture, calendars etc in the work place.

In charge of the office will be responsible for taking steps to prevent harassment of women in the work place by fellow employees or outsiders. He should not ignore the complaints or taken them lightly. This could some time result in action against the supervisors and in-charge of the office.

On receipt of a complaint the committee should first acknowledge it. The committee after preliminary enquiries may decide whether the case can be settled by oral warning. If so the supervisor/divisional head may be duly advised to administer an oral warning. In cases where the harassment could be ended by shifting of the harasser, as a first step should be given an oral warning after calling for his explanation. If he fails to mend his behaviour, he should be given a written warning after calling for his explanation. It would be advisable to indicate in the written warning to the harasser that he can be shifted if he does not mend his behaviour. If he still persists, he should be shifted from the office.

Complaints which are serious in nature should be investigated. The complainant may be asked to give supporting evidence. It would be appropriate to indicate nature of evidence sought for. The women employee making the complaint may also be informed that further enquiry will involve the harasser to be questioned and therefore the enquiry may not be confidential any more. If the women employee agrees the matter may be enquired into The harasser may be called for an oral hearing and he should be given a reasonable opportunity to defend himself before the committee in person if misdemeanour on his part is established apart from his shifting disciplinary action be recommended to the disciplinary authority through a report.

[Rule 3 (C) (25)]

23. What are the salient feature of the Complaint Mechanism and inquiry procedure against a Government servant who indulge in any act of sexual harassment, of any women at her work place?

1) Rule 3 C of the CCS (Conduct) rules 1964 stipulates that no Government servant indulge in any act of sexual harassment, of any women at her work place. Every Government servant who is charge of a work place shall take appropriate steps to prevent sexual harassment to any women at such work place. “Sexual harassment" includes such unwelcome sexually determined behaviour, whether directly or otherwise as

- Physical contact and advances;

- Demand or request for sexual favours;

-  Sexually colored remarks;

- Showing any pornography; or/

- Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

2) Whether or not such conduct constitutes an offence under law or a beach of the service rules an appropriate complaint mechanism should be created in the employer's organization for redress of the complaint made by the victim. Such compliant mechanism should ensure time bound treatment of complaints.

3) The complaints mechanism should be adequate to provide, where necessary, a complaints Committee or other support service, including the maintenance of confidentiality.

i. The complaints Committee should be headed by a woman and not less than half of its member should be women. Further to prevent the possibility of any under pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with issue of sexual harassment.

ii. The Compliant Committee must make an annual report to the Government department concerned of the complaints and action taken by them

iii. The employers and person-in-charge will also report on the compliance with aforesaid guidelines including on the reports the Complaints Committee to the Government department.

iv) The Committee constituted for redressal of the complaints by the victims of sexual harassment should be headed by an officer sufficiently higher in rank so as to lend credibility to the investigations. v) The Complaints Committee established in each Ministry or Department or offices for inquiring into complaints of sexual harassment shall be deemed to be the Inquiring Authority appointed by the Disciplinary Authority and that the Complaints Committee shall hold, if no separate procedure has not been prescribed for the Complaints Committee for holding the inquiry into such complaints, the inquiry, as fart as practicable in proviso was added to Rule 14 (2) of the Central Civil Services Rules, 1965 to this effect.

vi) It may be ensured that the Complaints Committee shall at all times be in existence and changes in its composition, whenever necessary, should be made promptly and adequately publicized. The composition of the Complaints Committee be also posted on the websites of the concerned Ministries/ Departments/ Offices concerned.

(G. I Dept. of Per & Trg, O.M. No. 11013/3/2009- Estt (A) dated 21-7-2009) 

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Judgement Order of Hon'ble CAT, Jaipur granting notional increment to officials who retired in June

 Judgement Order of Hon'ble CAT, Jaipur granting notional increment to officials who retired in June

Several pensioners had filed a case (OA 437/2020) in Hon'ble CAT , Jaipur Bench for grant of one notional increment to officials who retire during the period 1st of June to 30th of June.

Hon'ble CAT had accepted the plea and has directed to grant the same to the applicants.





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QUESTIONS BANK ON STAFF RULINGS & DISCIPLINE

 QUESTIONS BANK ON STAFF RULINGS & DISCIPLINE (Compiled By Com Kayveeyes)

QUESTIONS BANK ON STAFF RULINGS & DISCIPLINE

Tit Bits - 1. (Compiled By Com Kayveeyes) 

 1. Whenever any changes/unforeseen developments resulting in modification of rules happen, whether the officials can exercise revised option?

Ø  Whenever any such changes taken place, the Government servant may be given a revised option for pay fixation under FR 22 (1) (a) (i) within one month from the date of orders.

    (DOPT OM No. 16/8/2002-Estt (Pay I) dated 25.02.2003) 

2.  Whether the special allowance drawn to the treasurer may also be drawn during training  period?

Ø  No Special Pay is admissible to the Treasurer during the training period as he is not performing any duties of the treasurer during that period.

    (Accountant General P&T Audit I 569/23-51 (General) VIII dated 29.09.1975)

3.   Whether counting of the training period is applicable in case of promotees?

Ø  No. This is applicable only in cases of Direct Recruits who are compulsorily required to undergo training before taking up Government employment.

     (DG (P) No. 3-27/91-PAP dated 23.08.1991)

4.   What is the time allowed for exercising option for pay fixation on promotion?

Ø  On promotion, option shall be exercised within one month. Now, the same has been incorporated in the promotion orders itself on a regular basis.

     (DG (P) No. 1-11/81-PAP (Pt) dated 02.03.1988)

5.  What are all the conditions for claiming stepping up of pay with juniors?

Ø  (i) Both senior and junior must be in the same cadre in identical pay scales and also in the same recruiting unit.

      (ii) Posts to which they are promoted must also be identical and same.

      (iii) At the time of promotion, senior must be getting an equal or more pay than junior.

      (iv) Anomaly should be a direct result of application of FR 22 (c) or any pay fixation rules.

6.     What are all the cases which will not construe under the pay anomalies?

Ø  (i) Senior getting less pay in lower post due to postponement of date of next increment on account of his proceeding on extraordinary leave.

(ii) Senior refusing promotion leading to the early promotion of the junior and later promotion of the senior.

(iii) Junior getting higher pay in lower post due to adhoc arrangements.

(iv) Senior joining higher post later and getting lower pay.

(v) Senior appointed to lower post later than the junior but getting promoted earlier than the junior.

(vi) Senior direct recruits getting less pay than the junior promotees whose pay is fixed with reference to pay last drawn.

(vii) Junior getting more pay due to additional increments earned on acquiring higher qualifications.

    (DOP&T OM No. 4/7/92 – Estt (Pay I) dt. 04.11.93)

7.  Whether stepping up of pay can be allowed second time with another official?

Ø  As per DOPT order dated 22.07.1985, the benefit of stepping up of pay can be allowed to senior official second time, provided the anomaly has arisen with reference to the pay of the same junior, with reference to whom the pay of the senior was stepped up first time. As such there is no provision to step up pay to another person directly other than the person earlier opted for.

 8. Whether the senior joins the higher post later than his junior and draws lesser pay can claim stepping up of pay with his junior?

Ø  If a senior joins the higher post later than the junior for whatsoever reasons whereby he draws less pay than the junior in such cases, senior cannot claim stepping up of pay at par with the junior vide Para 2 (c) of GIO (27) under FR 22 in “Swamy’s Compilation of FR & SR, Part-I-General Rules”. 

  9.  Whether the provision of option under FR 22 (I) (a) (1) is admissible in respect of adhoc promotion?
As per the provisions of FR 22 (I) (a) (1) option is not admissible in respect of ad hoc promotions. If such promotion is followed by regular appointment to the higher post without any break, option may be allowed as from the date of initial appointment.

10. Whether the training period prior to appointment shall be taken for the purpose of drawing increments?

Ø  Yes. The training period for the direct recruits, whether on remuneration of stipend or otherwise may be treated as duty for the purpose of drawing increment. This was given effect from 1.10.1990.

    (MOF NO. 16-16/89-Estt (Pay-I) dated 22.10.1990)

Subsequently based on the demand of Staff Side the period was extended from 1.1.1986 vide OM dated 31.03.1992.

Note: You can also send your doubts and I will try my best to reply either in the blog or in the Anbudan kayveeyes youtube channel regularly.

Source : yourskayveeyes.blogspot.com
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Monday 29 November 2021

Line limits for conveyance of cash for BPM, ABPM, MTS, Dak Sevak, Armed escort, Departmental Employees, Account Bag, Hired/ Departmental MMS

 Line limits for conveyance of cash for BPM, ABPM, MTS, Dak Sevak, Armed escort, Departmental Employees, Account Bag, Hired/ Departmental MMS

Revision in Rule-9 of Postal Manual Vol-VI (Part - III) regarding line limits for conveyance of cash

Government of India
Ministry of Communications
Department of Posts
(PO Division)
No. 24-3/2012-PO dated 01st October 2018

Subject: Revision in Rule 9 of Postal Manual Vol.- VI (Part — Ill) regarding line limits for conveyance of cash.

In supersession of this office order number 24-3/2012-PO dated 19.12.2013, Rule 9 of Postal Manual Vol. VI (Part-Ill) regarding the limits for remittances by various modes of conveyance is amended as under:

Loose cash through departmental employeeRs.5 lakh
Departmental MMS with Multi Tasking Staff ((MTS) in addition to driver for conveyance of cash in cash bags enclosed in account bagRs.20 lakh
Hired MMS with Multi Tasking Staff ((MTS) in addition todriverfor conveyance of cash in cash bags enclosed in account bag within city limitsRs.5 lakh
Hired MMS with Multi Tasking Staff ((MTS) in addition to driver for conveyance of cash in cash bags enclosed in account bag outside city limitsRs.2 lakh
RMS section/Railways by TVP through cash bagenclosed in account bagRs.2 lakh
Account bag handed over to carrier in weighment system/ road transport Rs. 40,000/-
Under armed escortNo limit
Cash through departmental employee accompanied by another departmental employeeRs.10 lakh
Cash through Branch Postmaster /Assistant Branch Postmaster or Dak SewakRs.1 lakh
Cash through BPM /ABPM or Dak Sewak accompanied by another BPM /ABPM or Dak SewakRs.2 lakh

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Extension of Departmental facilities and Conferences at all levels

 Extension of Departmental facilities and Conferences at all levels

Extension of Departmental facilities and Conferences at all levels





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