Monday, April 28, 2014

Sunday, April 27, 2014

Substitute Employee can't claim family pension against norms- Nagpur Bench of Mumbai High Vourt

Allowing Central Railway's plea, the Nagpur bench of Bombay high court has ruled that temporary employee is not eligible for family pension without following procedure. "Though service of more than six months as a 'substitute' employee was rendered, that would not be sufficient to hold the respondent entitled for the family pension. The procedure prescribed has not been shown to be followed and, hence, mere acquisition of the status of a temporary employee would not make his family eligible for the pension," a division bench comprising justices Vasanti Naik and Atul Chandurkar held.

Hari Borkar was employed as a 'substitute' ladderman with the Indian Railways on January 16, 1967, and after working for about three-and-a-half years, he expired on August 12, 1970. His wife Kamlabai sought settlement of dues, including family pension. However, the railways informed her in 1996 that there was no provision for it since her husband worked as 'substitute'. She then knocked Central Administrative Tribunal (CAT) door which granted her pension from November 12, 1994.

The railway challenged this order contending that there was no automatic absorption/appointment to its service of a 'substitute' employee unless the prescribed procedure was followed and therefore, Kamlabai was not entitled for the pension.

Kamlabai, in reply, argued that if a 'substitute' completed six months continuous service, the status of a temporary employee was attained, and on that basis, their family members were entitled for the pension.

The petitioners, however, pointed out that the Indian Railway Establishment Manual defines 'substitute' as persons engaged in the railway establishments on a regular scale of pay and allowances applicable to posts against which they are employed. It also clarifies that the conferment of temporary status on a 'substitute' on completion of six months continuous service would not entitle him to automatic absorption/appointment to the service unless the person is selected in the approved manner for appointment to the regular post.

"It is clear that mere completion of six months continuous service by a 'substitute' would not automatically have the effect of absorption/appointment to railway service unless the procedure prescribed for absorption/appointment has been followed," the court held.

Review of Rules 32,33 and 56 to 82 of CCS(Pension) Rules 1972

Tuesday, April 22, 2014

Questionnaire seeking the considered views-7th CPC

Meena Agarwal
Secretary
New Delhi 110 001.
D.O No. 7CPC/15/Questionnaire 9th April, 2014
               Dear ………..,
As you may be aware the Seventh Central Pay Commissions has been constituted by the Government on 28 February 2014 with a view to go into various issues of emoluments’ structure, retirement benefits and other service conditions of Central Government employees and to make recommendations on the changes required. The terms of reference of the Seventh Central Pay Commission are available on the http://7cpc.india.gov.in .
2. A Questionnaire seeking the considered views of all stakeholders is enclosed. The response of your Ministry to this Questionnaire is sought. I shall be grateful if the replies are furnished to the Commission on or before 10th May, 2014, so as to enable the Commission to take them into account as part of its examination of the issues that it is mandated to address. The reply may be sent to Post Box No. 4599, Hauz Khas P.O, New Delhi 110 016, and in the case of email to secy-7cpc@nic.in.
Encl:- As above.
                                             With Regards,
                                                                                                         Yours sincerely,
                                                                                                       (Meena Agarwal)
To all Secretaries to Govt of India
7th CPC Questionnaire

1. Salaries
1.1 The considerations on which the minimum salary in case of the lowest Group ‘C’
functionary and the maximum salary in case of a Secretary level officer may be
determined and what should be the reasonable ratio between the two.
1.2 What should be the considerations for determining salary for various levels of
functions falling between the highest level and the lowest level functionaries?
2. Comparisons
2.1 Should there be any comparison/parity between pay scales and perquisites
between Government and the private sector? If so, why? If not, why not?
2.2 Should there at all be any comparison/parity between pay scales and perquisites
between Government and the public sector? If so, why? If not, why not?
2.3 The concept of variable pay has been introduced in Central Public Sector
Enterprises by the Second Pay Revision Committee. In the case of the Government is
there merit in introducing a variable component of pay? Can such variable pay be linked
to performance?
3. Attracting Talent
3.1 Does the present compensation package attract suitable talent in the All India
Services & Group A Services? What are your observations and suggestions in this
regard?
3.2 To what extent should government compensation be structured to attract special
talent?
4. Pay Scales
4.1 The 6th Central Pay Commission introduced the system of Pay Bands and Grade
Pay as against the system of specific pay scales attached to various posts. What has been
the impact of running pay bands post implementation of 6th CPC recommendations?
4.2 Is there any need to bring about any change?
4.3 Did the pay bands recommended by the Sixth CPC help in arresting exodus and
attract talent towards the Government?
4.4 Successive Pay Commissions have reduced the number of pay scales by merging one or two pay scales together. Is there a case for the number of pay scales/ pay band to be rationalized and if so in what manner?
4.5 Is the “grade pay” concept working? If not, what are your alternative suggestions?
5. Increment
5.1 Whether the present system of annual increment on 1st July of every year uniformly in case of all employees has served its purpose or not? Whether any changes are required?
5.2 What should be the reasonable quantum of annual increment?
5.3 Whether there should be a provision of variable increments at a rate higher than the normal annual increment in case of high achievers? If so, what should be transparent and objective parameters to assess high achievement, which could be uniformly applied across Central Government?
5.4 Under the MACP scheme three financial up-gradations are allowed on completion of 10, 20, 30 years of regular service, counted from the direct entry grade. What are the strengths and weaknesses of the scheme? Is there a perception that a scheme of this nature, in some Departments, actually incentivizes people who do not wish to take the more arduous route of qualifying departmental examinations/ or those obtaining professional degrees?
6. Performance
What kind of incentives would you suggest to recognize and reward good performance?
7. Impact on other organizations
Salary structures in the Central and State Governments are broadly similar. The recommendations of the Pay Commission are likely to lead to similar demands from employees of State Governments, municipal bodies, panchayati raj institutions & autonomous institutions. To what extent should their paying capacity be considered in devising a reasonable remuneration package for Central Govt. employees?
8. Defence Forces
8.1 What should be the considerations for fixing salary in case of Defence personnel and in what manner does the parity with civil services need to be evolved, keeping in view their respective job profiles?
8.2 In what manner should the concessions and facilities, both in cash and kind, be taken into account for determining salary structure in case of Defence Forces personnel.
8.3 As per the November 2008 orders of the Ministry of Defence, there are a total of 45 types of allowances for Personnel Below Officer Rank and 39 types of allowances for Officers. Does a case exist for rationalization/ streamlining of the current variety of allowances?
8.4 What are the options available for addressing the increasing expenditure on defence pensions?
8.5 As a measure of special recognition, is there a case to review the present benefits provided to war widows?
8.6 As a measure of special recognition, is there a case to review the present benefits provided to disabled soldiers, commensurate to the nature of their disability?
9. Allowances
9.1 Whether the existing allowances need to be retained or rationalized in such a manner as to ensure that salary structure takes care not only of the job profile but the situational factors as well, so that the number of allowances could be at a realistic level?
9.2 What should be the principles to determine payment of House Rent Allowance?
10. Pension
10.1 The retirement benefits of all Central Government employees appointed on or after 1.1.2004 are covered by the New Pension Scheme (NPS). What has been the experience of the NPS in the last decade?
10.2 As far as pre-1.1.2004 appointees are concerned, what should be the principles that govern the structure of pension and other retirement benefits?
11. Strengthening the public governance system
11.1 The 6th CPC recommended upgrading the skills of the Group D employees and placing them in Group C over a period of time. What has been the experience in this regard?
11.2 In what way can Central Government organizations functioning be improved to make them more efficient, accountable and responsible? Please give specific suggestions with respect to:
a) Rationalisation of staff strength and more productive deployment of available staff;
b) Rationalisation of processes and reduction of paper work; and
c) Economy in expenditure.
12. Training/ building competence
12.1 How would you interpret the concept of “competency based framework”?
12.2 One of the terms of reference suggests that the Commission recommend appropriate training and capacity building through a competency based framework.
a) Is the present level of training at various stages of a person's career considered adequate? Are there gaps that need to be filled, and if so, where?
b) Should it be made compulsory that each civil service officer should in his career span acquire a professional qualification? If so, can the nature of the study, time intervals and the Institution(s) whose qualification are acceptable, all be stipulated?
c) What other indicators can best measure training and capacity building for personnel in your organization? Please suggest ways through which capacity building can be further strengthened?
13. Outsourcing
13.1 What has been the experience of outsourcing at various levels of Government and is there a case for streamlining it?
13.2 Is there a clear identification of jobs that can be outsourced?
14. Regulatory Bodies
14.1 Kindly list out the Regulators set up under Acts of Parliament, related to your Ministry/ Department. The total number of personnel on rolls (Chairperson and members + support personnel) may be indicated.
14.2 Regulators that may not qualify in terms of being set up under Acts of Parliament but perform regulatory functions may also be listed. The scale of pay for Chairperson /Members and other personnel of such bodies may be indicated.
14.3 Across the Government there are a host of Regulatory bodies set up for various purposes. What are your suggestions regarding emoluments structure for Regulatory bodies?
15. Payment of Bonus
One of the terms of reference of the 7th Pay Commission is to examine the existing schemes of payment of bonus. What are your suggestions and observations in this regard?
7th Central Pay Commission Terms of reference
http://www.boxbe.com/stfopen?tc_serial=16494963579&tc_rand=534555579&utm_source=stf&utm_medium=email&utm_campaign=ANNO_CLEANUP_ADD&utm_content=001
            The Union Cabinet today gave its approval to the Terms of Reference of 7th Central Pay Commission (CPC) as follows:- 
(a) To examine, review, evolve and recommend changes that are desirable and feasible regarding the principles that should govern the emoluments structure including pay, allowances and other facilities/benefits, in cash or kind, having regard to rationalization and simplification therein as well as the specialized needs of various Departments, agencies and services, in respect of the following categories of employees:-
b)      To examine, review, evolve and recommend changes that are desirable and feasible regarding principles that should govern the emoluments structure, concessions and facilities/benefits, in cash or kind, as well as retirement benefits of personnel belonging to the Defence Forces, having regard to historical and traditional parities, with due emphasis on aspects unique to these personnel.
 c)      To work out the framework for an emoluments structure linked with the need to attract the most suitable talent to Government service, promote efficiency, accountability and responsibility in the work culture, and foster excellence in the public governance system to respond to complex challenges of modern administration and rapid political, social, economic and technological changes, with due regard to expectations of stakeholders, and to recommend appropriate training and capacity building through a competency based framework. 
d)     To examine the existing schemes of payment of bonus, keeping in view, among other things, its bearing upon performance and productivity and make recommendations on the general principles, financial parameters and conditions for an appropriate incentive scheme to reward excellence in productivity, performance and integrity.
 e)      To review the variety of existing    allowances presently available to employees in addition to pay and suggest their rationalization and simplification, with a view to ensuring that the pay structure is so designed as to take these into account.
 f)       To examine the principles which should govern the structure of pension and other retirement benefits, including revision of pension in the case of employees who have retired prior to the date of effect of these recommendations, keeping in view that retirement benefits of all Central Government employees appointed on and after 01.01.2004 are covered by the New Pension Scheme (NPS).
g)      To make recommendations on the above, keeping in view:

i.                     the economic conditions in the country  and need for fiscal prudence;
ii.                    the need to ensure that adequate resources are available for developmental expenditures and welfare measures;
iii.                  the likely impact of the recommendations on the finances of the State Governments, which usually adopt the recommendations with some modifications;
iv.                  the prevailing emolument structure and retirement benefits available to employees of Central Public Sector Undertakings; and
v.                    the best global practices and their adaptability and relevance in Indian conditions. 
h)      To recommend the date of effect of its recommendations on all the above.
The Commission will make its recommendations within 18 months of the date of its constitution.  It may consider, if necessary, sending interim reports on any of the matters as and when the recommendations are finalised. 

The decision will result in the benefit of improved pay and allowances as well as rationalization of the pay structure in case of Central Government employees and other employees included in the scope of the 7th Central Pay Commission. Background
            Central Pay Commissions are periodically constituted to go into various issues of emoluments’ structure, retirement benefits and other service conditions of Central Government employees and to make recommendations on the changes required.

Sunday, April 20, 2014

APPLICATION FOR DRAWAL OF PENSION THROUGH NATIONALISED BANK

ANNEXURE C
(See Para 7.1 to 7.8)
Part I
APPLICATION FOR DRAWAL OF PENSION
THROUGH NATIONALISED BANK
(To be submitted in Triplicate if pension is being drawn
from S.P.O and in Duplicate if from H.P.O)
To
The Head/Sub Postmaster
..................................................................................
Sir,
I opt to draw my pension through Nationalised Bank and I give below necessary particulars to enable you to make arrangements in this regard.

1. Name of the Pensioner...............................................

2. PPO No. ...............................................

3. Office from where retired...........................................

4. Post held before retirement.......................................

5. Amount of Pension. ................................................

6.Name of Post office from where
  the Pension is being drawn.............................................

7. Savings Bank (Pension Account) No............................

8. Name of the Nationalised Bank with full particulars from
Where wish to draw the pension in future.....................................

9. Savings/Current Account No. In which the
Pension has to be credited....................................................
(*Should not be a Joint or ‘either or Survivor’ Account).

Place..................... Yours faithfully,

Date.........................(Pensioner)

PART II
(For use in Sub-Post Office)*
Forwarded to:
The Head Postmaster
...................................
Application in duplicate along with the Disburser’s half of Shri / Smt  / Kum ..................................................... isforwarded herewith. The pension has been paid for the period up to the month of................................
Sub Postmaster
Strike out if not applicable
PART III
(For use in Circle Postal Accounts office)
To
The Manager/ In-charge
.................................... (Link Branch of Nationalised Bank)

The Disburser’s half/both the halves of PPO of Shri/Km...........................................................
Bearing No..........................is (are) sent herewith.
The pension has been paid pension for the period up to themonth of................... Pension due from the month of ..........................is to be arranged by the Bank.

Station
                                                                                                        Accounts officer (Pension)
Circle Postal Accounts Office
Date
(With his seal only in Bank Copy)

Copy for information to:
Shri/Smt/Kum..................................
Pensioner
.......................................................

You are requested to approach the Nationalised Bank concerned along with the copy of this letter for further necessary action.

Accounts Officer (Pension)
Circle Postal Accounts Office
(For use in Head Post Office)
To
The Director/ Dy.Director
Postal Accounts
.....................................

One copy of the application along with the Disburser’s half ofShr/ Smt. / Kum. ................ ..................................is forwarded herewith. The pension has been paid for the period up to the month of..........................

Head Post Master
(For use in Director/Dy.Director (Postal Accounts)
To
The Accounts Officer (Pension)
Circle Postal Accounts Office
...........................................

One copy of the application along with the Disburser’s half ofShri /Smt ./Kum ........... …………………........................is forwarded herewith. The pension has been paid for the period up to the month of..........................

Director/ Dy. Director
Postal Accounts

19th Annual meeting and Newly elected executive members of the Association


The 19th Annual Conference of POPA was held at Hyderabad in Sandarshini Inn Hotel on 25.3.2014.  Shri B.Gurudas presided.  Kum. K. Sandhyarani Postmaster General Hyderabad graced as Chief Guest.  Shri A. Ranganath Shyam, Director Postal Accounts also attended as Guest of Honour. Another Guest, Shri G.S.Vittal Retd Officer from AG’s Office has also attended.  Shri R.K. Gopalan 86 year old Senior Member was also invited to the dais. M. ChandramowliSecretary welcomed the august body and invited guests to the dais with warm welcome and flower bouquets.
Shri R. K. Gopalan and another 14 senior pensioners were honoured apart from the Chief Guest and other Guests of Honour will shawls and garlands/shawls.

Chief Guest Sandhyarani has kindly and positively responded having sympathy on the grievances put forth by the Secretary. DAP Ranganth Shyam assured his readiness to settle the grievances presented by Chandramowli narrating his sweet moments he had with him while at Vijayawada.  G.S.Vittal detailed the present day grievances being faced by the Central Govt. Pensioners in a vivid manner which was applauded by many members.  In the afternoon session, Secretary Chandramowli presented his annual report while the Treasurer K.S.Nageswararao his financial statement which were approved unanimously.  Earlier B. Gurudas President welcomed the august body with opening remarks.  Excepting a few changes of position all the office bearers and executive members were unanimously chosen in a cordial atmosphere.M.A.Rasheed Sidduqi Vice President proposed vote of thanks.
         

S.No
Post
Name
Mobile
Land line/Mobile
1
President
S/Sri B. GURUDAS
2
Vice – President
     ‘’  M. A .R. SIDDIQUI
3
Secretary
     ‘’  M.  CHANDRAMOWLI
4
Joint Secretary
     ‘’  K. ASHOK KUMAR

5
Asst. Secretary
     ‘’  N. LAKSHMINARAYANA
9010829278
6
Org. Secretary
     ‘’  S. V.S. KAMARAJ

7
Treasurer
     ‘’   K.S. NAGESWARRAO
8
Asst. Treasurer
     ‘’   T. A. S.S. MURTHY
9
Auditor
     ‘’  MOHAMMAD  MAQBOOL

10
Execuive Member
     ‘’  Y. MADHAVARAO

11
           ‘’
     ‘’  V. V.CHINNIAH

12
           ‘’
     ‘’  K. RAJALINGAM

13
           ‘’
     ‘’  Y. KONDALARAO

14
           ‘’
     ‘’  M. B. RAMULU

15
           ‘’
     ‘’  A.VENKATESH

16
           ‘’
     ‘’  T.R.K.M.M.N.RAO

17
           ‘’
     ‘’  K.RAGHAVIAH

18
           ‘’
     ‘’  H.NAGARAJAN

19
           ‘’
     ‘’  G. DEVAVARAM



Zonal  REPRESENTATIVES


20
SRIKAKULAM
S/Sri  B. KRISHNARAO
21
VIZIANAGARAM
     ‘’  Y.V.RAMASARMA
22
VISAKHAPATNAM
     ‘’  T. N. MURTY
23
KAKINADA
     ‘’  SYED  KHALEEL SAHEB
24
RAJAHMUNDRY
     ‘’  K. V. PRASAD
25
ELURU (W.G.)
     ‘’  T.R.PRABHAKARRAO
96663   81404
26
BHIMAVARAM
     ‘’  Y.S.R. MURTHY
27
VIJAYAWADA
     ‘’  T.V.R. NARASIMHARAO
28
GUNTUR
     ‘’  Y. JANARDHANA SHARMA
29
NELLORE
     ‘’  G. MALAKONDAIAH
94401   37116
30
TIRUPATHI
     ‘’  P. R. NAIDU
31
CHITTOOR
     ‘’  K. LOKANADHAM
97010    68239
32
ANANTHAPUR
     ‘’  B. KULLAYASWAMY
33
KADAPA
     ‘’  S. M. BASHA
34
KURNOOL
     ‘’  B. BHASKAR
94404    81250
35
KARIMNAGAR
     ‘’  R. RAJAPPIAH
36
WARANGAL
     ‘’  B. SIMHACHALAM
94419    65590
ThanQ All the Members of POPA for their Unanimous Choice