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Wednesday, December 30, 2009

Medical Benefits Key file missing,MoD blames DGAFMS:Veteran Prabhjot Singh PLS Retd

Dear Veterans,
Regards. Find below a startling fact and ponder over it .We request
the Govt.to dig the matter to a logical end and provide the medical
facility to all non-pensioner veterans.

Veteran Prabhjopt Singh Chhatwal PLS Retd.
President,
Indian Ex-Services League Punjab 7 Chandigarh.
Mob.098554-09128

Medical BenefitsKey file missing, MoD blames DGAFMS :
Vijay Mohan-Tribune News Service
Chandigarh, December 30:Even as former short service commissioned
(SSC) officers continue to be hassled over availing treatment at military
hospitals, the Directorate General Armed Forces Medical Services
(DGAFMS) has claimed that the Defence Ministry’s file containing
relevant orders issued by the President has been “lost”.
The Ministry of Defence (MoD), in response to a query under the RTI

Act, has held the DGAFMS responsible for the loss, as it was the
custodian of the file.
Earlier, the DGAFMS had responded to queries by ex-servicemen by

claiming that the file was with the MoD. When the Ministry wrote to
the DGAFMS pointing out that the file was with it, medical directorate
then claimed that it was lost.
In 1996, the government had extended outdoor medical facilities in

military hospitals to all “ex-servicemen”. These were earlier available
only to “ex-service pensioners” and the relevant clause introduced in
1983 was amended after the presidential sanction was accorded for
the same.
Letters on the subject were later issued by the Adjutant General’s branch, explicitly including emergency commissioned and SSC officers under the

ambit of military medical facilities. Requests by the Director General
Medical Services (Army) to rescind these medical facilities were also
turned down by the MoD in 1997 and 1998.
Last year, the DGAFMS suo-moto started refusing medical care to

elderly veterans on the pretext that they were not entitled to the]
facility. The DGAFMS also claimed that its concurrence was not
taken before granting facilities to non-pensioner ex-servicemen.
The DGMS (Army) even wrote to all Army Commands asking them
not to comply with letters of the MOD and the Army Headquarters.
Irked by the conduct of the DGAFMS, many ex-servicemen sought

a copy of the file notings leading to the Presidential sanction in
which the complete concurrence of the then DGAFMS was taken.
The DGAFMS, thereafter, took the pretext that the said file was lost.

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Payment of D.A.on pension to re-employed pensioners: Veteran Prabhjot Singh Chhatwal PLS Retd.

No. 45/73/97-P&PW(G)Government of IndiaMinistry of Personnel,
Public Grievances & PensionsDepartment of Pension & Pensioners
Welfare
Third Floor, Lok Nayak Bhavan, Khan Market, New Delhi 110003

Date : 2nd July, 1999
OFFICE MEMORANDUM
Subject : Recommendations of the 5th Central Pay Commission-

Payment of Dearness Relief to re employed pensioners and employed
family pensioners-Decision regarding.
In terms of the existing orders, Dearness Relief of pensioners and

family pensioners is to remain suspended during the period a
pensioner/family pensioner is re-employed/employed under the
Central or State Government or in a Stationary Corporation/Company/
Body/Bank under them in India or abroad. These orders are also
applicable to pensioners and family pensioners permanently absorbed
in a Statutory Corporation/Company/Body/Bank under the Central or
State Government.
2. In Paragraph 138.21 of their Report, the 5th Central Pay

Commission had recommended that Dearness Relief should be paid to
employed family pensioners and re-employed pensioners in cases
where their pay is fixed at the minimum of the pay scale of the post of
re-employment ignoring the entire pension, and that, in other cases of
re-employment, Dearness Relief shall be payable on pay plus the non
ignorable portion of pension as was the case at present. The Commission
had further recommended in paragraph 141.12 that, with a view to
maintaining the original value of the pension, the payment of Dearness
Relief should not be suspended where pay is fixed at the minimum of
the pay scale during employment/re-employment of a family pensioner/pensioner.
3. These recommendation have been considered and accepted by the Government. The President is accordingly pleased to decide as follows.
(a) In so far as re-employed pensioners are concerned, the entire

pension admissible is to be ignored at present only in the case of those
civilian pensioners who held posts below Group "A" and those
ex-servicemen who held posts below the ranks of Commissioned Officers
at the time of their retirement. Their pay, on re-employment, is to be
fixed at the minimum of the pay scale of the post in which they are
re-employed. Such civilian pensioners will consequently be entitled to
Dearness Relief on their pension in terms of the recommendations of the
5th Central Pay Commission at the rates applicable from time to time.
(b) In terms of the existing order on the subject, the pay of re-employed pensioners who held Group "A" post or posts of the ranks of Commissioned Officers at the time of their retirement is to be fixed at present.
* at the same stage as last drawn before retirement or, if there is

no such stage, at the stage next above the pay last drawn.
* at the maximum of the pay scale, if the pay last drawn is more

than the maximum of the pay scale of the post in which re-employed;
* at the maximum of the pay scale of the post in which re-employed,

if it is more than the pay last drawn.
Further, the pay on re-employment is required to be fixed after ignoring

only a portion of the pension [Rs. 1,500] received for the previous
employment, In view of the fact that (i) the pension is taken into account
in such cases and is not entirely ignore; (ii) the pay the post of
re-employment is not required to be fixed at the minimum of the scale
in all cases; and (iii) Dearness Allowance at the rates applicable from
time to time is also admissible on the pay fixed in terms of the orders on
the subject, these re-employed pensioners will not be entitled, in
addition, to any Dearness Relief on their pension.
(c) As regards employed family pensioners, since the family pension

received by the eligible dependents of Central Government employees
is in any case, not taken into account in determining their pay on
employment, Dearness Relief at the rates applicable from time to time
shall be admissible on their family pension.
(d) While implementing these decisions, orders issued by the

Department of Personnel & Training vide OM No. 3/1/85-ESTT
(Pay-II) dated 31.07.1986 and as amended from time to time regarding
fixation of pay of re-employed pensioners shall be duly kept in view.
(e) These orders shall be effective from July 18, 1997.
(I) In accordance with the Government's decisions referred to in

the preceding paragraph all family pensioners in receipt of family
pension from the Central Government who were/are employed under
the Central Government or the State Government or a Corporation/Company/Body/Bank under them in India or abroad shall
be eligible to draw dearness relief, at rates applicable from time to time,
on the amount of family pension with effect from July 18, 1997. A
certificate may still be necessary to determine dependency. All Pension
Payment Authorities, including authorised Public Sector Banks are
requested to forthwith release dearness relief on family pensions in
cases where this was withheld on account of the family pensioners
concerned being employed. The arrears. if any, due with effect from
July 18, 1997 shall also be paid.
(II) (a) In the case of Central Government pensioners who were/are

re-employed under the Central Government or the State Government
or a Corporation/Company/Body/Bank including an autonomous
organistation under them in India or abroad or had/have been
permanently absorbed in such corporation /Company/ body/bank or
autonomous organisation, dearness relief will now be admissible to
such of those re-employed pensioners who satisfy the conditions
referred to in para 3(a) above. For this purpose, the Central Government Departments concerned, including subordinate organizations, State
Government, Corporation/Company/Body/Bank etc. employing a
Central Government pensioner shall be required to issue of certificate
indicating the following.
(i) The re-employed pensioner retired from a Civil or military post

in the Central Government and was holding a post not included in
classified as group 'A' or a post below the rank of commissioned officer
in the armed forces,
(ii) The entire amount of pension sanctioned by the Central

Government was ignored in fixation of the pay on re-employment i.e.
no part of the pension was taken into account in such fixation of pay
in the pay scale of the post in which the Central government retired/
retiree officer was re-employed/absorbed; and
(iii) The pay of the re-employed/absorbee was/ is fixed at the

minimum of the pay scale of the post in which he had/has been initially
re-employed after his retirement from the Central Government.
(b) All Central Government Ministries/Deparatment/Organisations

shall bring these orders to the notice of all Central Government
pensioners who happened to be re-employed by them as on July 18, 1997
or were/are re-employed subsequently. In cases such re-employed
pensioners satisfy the conditions referred to above, the necessary
certificate on the above lines shall be issued after verification from the
details referred to in para 17 of the Central Civil Services (Fixation of
pay of RE-employed pensioners) Order, 1986 issued vide Department
of Personnel & Training OM. No. 3/185-Estt(Pay-II) dated 31.071986
and as amended from time to time.
(c) The Pension Disbursing Authority shall release dearness relief

on pension to those re-employed pensioners who submit the Certificate
referred to above.
(d) In all other cases of re-employed pensioners, no dearness relief

shall be admissible on pension during the period of their re-employment
Payment of dearness relief in these cases shall become admissible only
with effect from the date they cease to be re-employed.
(e) The Pension Disbursing Authority shall require such a pensioner

to produce a certificate of cessation of re-employment from the office
in which he had been reemployed.
5. Formal amendment to the Central Civil Services (Pension) Rules,

1972, is being issued separately.
6. CPAO may take immediate action to suitably amend the relevant

provision of the Scheme for Payment of Pension to central Government
Civil Pensioners, including the proforme at Annexure-XVII and notify
the same to all Public Sector Banks disbursing pension to Central
Government pensioners/Family pensioners. A copy of the notification
may be endorsed to this department.
7. Necessary orders in respect of re-employed Defence pensioners

and family pensioners will be issued separately by the Ministry of Defence.
8. Administrative Ministries may bring these orders to the notice of all subordinate organizations, autonomous bodies and Public Sector

Undertakings including Nationlised banks, financial institutions.
etc. under them so that the eligible Central Government pensioners
re-employed in these organisations do not face nay difficulty in
obtaining the requisite certificate.
9. This issues with the concurrence of the Ministry of Finance,

Department of Expenditure.
10. In so far as these orders relate to personnel of the Indian Audit

and Accounts Department, these have been issued in consultation
with the Comptroller & Auditor General of India.
11. Hindi version will follow.
Sd/-GANGA MURTHYDirector
To, All Ministries and Departments of the Government of India Comptroller & Auditor General of India (with 400 spare copies)

As per Standard Mailing List.

Saturday, December 26, 2009

Ten Reasons-Why the Criminals in Khaki get away without being punished:Veteran Prabhjot Singh Chhatwal PLS Retd.

Dear Veterans,
Regards.
Please find below a glimpse of news annalysis by Sidharth
Varadarajan and find your self why criminals in khaki get
away withoutbeing punished.
Veteran Prabhjot Singh Chhatwal PLS retd.
Mob.098554-09128


Ten reasons:Why Criminals in Khaki get away
Siddharth Varadarajan

Behind every man like S.P.S. Rathore who abuses his authority stand
the generals and footsoldiers who help and support him. We need
to take them all down.
S.P.S. Rathore, the criminal former top cop of Haryana, may appear

alone today but we must never forget that he was able to get away
with the sexual molestation of a young child and the illegal
harassment of her family for 19 years because he had hundreds of
men who supported him in his effortto evade justice.
The fact that these men – fellow police officers, bureaucrats,

politicians, lawyers, judges, school administrators – were willing
to bend the system to accommodate a man accused of molesting
a minor speaks volumes for the moral impoverishment of our
establishment and country. Decent societies shun those involved
in sexual offences against children. Even criminals jailed for
‘ordinary’ crimes like murder treat those serving time for
molesting children as beyond the pale. But in India, men like
Rathore have their uses for their masters, so the system circles
its wagons and protects them.
The CBI’s appeal may lead to the enhancement of Rathore’s

sentence and perhaps even the slapping of abetment to suicide
charges, since his young victim killed herself to put an end to the
criminal intimidation her family was being subjected to by
Rathore and his men. But thesystemic rot which the case has
exposed will not be remedied unlesssustained public pressure
is put on Prime Minister Manmohan Singh and Union Home
Minister P. Chidambaram, two men who have it intheir power
to push for simple remedies in the way the Indian law
enforcement and justice delivery system works.
First, abolish the need for official, i.e. political sanction to
prosecute bureaucrats, policemen and security forces personnel
when they are accused of committing crimes. The original intent
behind this built-instay-out-of-jail card was to protect state
functionaries from acts donein the course of discharging their
duties in good faith. Somewhere alongthe line, this has come to
mean protecting our custodians of law andorder when they
murder innocent civilians (eg. the infamous Panchalthan
case in Kashmir where the trial of army men indicted by the CBI
for murdering five villagers in 2000 still cannot take place
because the Central government will not grant permission), or
assault or molest women andchildren. No civilised, democratic
society grants such impunity. It isdisgusting to see former
officials and bureaucrats from Haryana saying how they had
wanted Rathore prosecuted but were prevented from doing
so because of pressure. Such officials should either be made
formally to testify in a criminal case against the politicians
who so pressured them or they should themselves be hauled up
for perverting the course of justice.
Second, stop talking about how making the police and army

answerable to the law will somehow demoralise their morale.
Does anybody care aboutthe morale of ordinary citizens any
more? Or the morale of upright policeand army officers, who
do not think it is right for their colleagues to beable to get away
with criminal acts?
Third, bring an end to the cosy relationship between the police

and politicians. Rathore was protected by four chief ministers
of Haryana.He served them and they served him by ensuring his
unfettered rise. It is absurd that the Indian Police is still
governed by a colonial-era Act dating back to 1861. A number
of commissions have made recommendations for reforming the
police over the years; but no government or political party
wants to give up its ability to use and misuse the police for their
own benefit.
Fourth, ensure that police officers who abuse their authority

and engage in mala fide prosecutions are dismissed from
service and sentenced to jailfor a long period of time. Mr.
Chidambaram should use the considerable resources at his
command to find out who were the policemen involved in
filing 11 bogus cases against the teenaged brother of the young
girl Rathore molested. He should then make sure criminal
proceedings are initiatedagainst all of them. The message must
go out to every policeman in the country: If you abuse the law
at the behest of a superior, you will suffer legal consequences.
Fifth, ensure that criminal charges against law enforcement

personnel are fast-tracked as a matter of routine so that a
powerful defendant is notable to use his position to delay
proceedings the way Rathore did for years on end. The
destruction or disappearance of material evidence in such
cases must be treated as a grave offence with strict criminal
liability imposed on the individual responsible for breaking
the chain of custody.
Sixth, empower the National Human Rights Commission

with teeth sothat police departments and state governments
cannot brush aside theirorders as happened in the Rathore
case. This would also require appointing to the NHRC women
and men who have a proven record of defending human rights
in their professional life, something that is donetoday only in
the breach. The attitude of the Manmohan Singh government
to this commission and others like the National Commission
for Women(NCW) and National Commission for Minorities is
shocking. Vacancies are not filled for months on end.
Seventh, ensure the early enactment of pending legislation

broadeningthe ambit of sexual crimes, including sexual crimes
against children. Between rape, defined as forced penetrative
sex, and the vague,Victorian-era crime of ‘outraging the modesty
of a woman’, the IndianPenal Code recognises no other form of
sexual violence. As a result, allforms of sexual molestation and
assault short of rape attract fairly lenient punishment, of the
kind Rathore got. In his case, the judge did not even hand down
the maximum sentence, citing concerns for the criminal’s age.
Sadly, he did not take into account the age of the victim and
neither does the IPC, which fails to distinguish between
‘outraging the modesty’ of an adult woman and a young child.
A draft law changing these provisions and bringing India into

line with the rest of the modern world has been pending with
the NCW and Law Ministry for years. Perhaps the government
may now be shamed into pushing it through Parliament at
the earliest.
Eighth, take steps to introduce a system of protection of

witnesses and complainants. The fate that the family of
Rathore’s young victim had to endure is testament to the fact
that people who seek justice in India do so at their own peril.
Ninth, ensure that robust interrogation techniques like

narco-analysis, which are routinely used against other alleged
criminals, are also employed against police officers accused
of crimes.
Tenth, the media and the higher judiciary must also turn the

lightinward and ask themselves whether they were also
derelict in their duty. The Rathore case did not attract the
kind of constant media attention it deserved, nor do other
cases involving serving police officers accused of crimes
against women, workers, peasants and minorities. As for the
upper courts, their record is too patchy to inspire confidence.
It was, afterall, the high court which chose to disregard the
CBI’s request for including abetment to suicide charges.

Friday, December 25, 2009

Mail recived from a veteran regarding wellfare of Veterans or widows: Veteran Prabhjot Singh Chhatwal PLS Retd.

Dear Veterans,
Regrads. Find below a mail from a veteran depicting his concern
for the welfare of veterans or widows.
Veteran Prabhjot Singh Chhatwal PLS Retd.
Mob:9855-09128 Tele-fax: 0175 -5000896.

As the wait for the Govt. Orders after COS report acceptanceis
still continue and unlikely to be over in this Year 2009.Till
now Various Govts. by appointing enormous Committees
had unwillingly tried to sought out the just genuine and
legal demand ofsame pension for the same Rank and equal
length of service (I would not call this OROP).The finding
of these committees always concluding on Two importantwords;
i;e ..... Not feasible ADMINISTRATIVELY & FINANCIALLY.
The first 'word' is quite manageable as there seems to be
absolutely no problem from any quarters if any Govt.
implementing the above in letter and spirit.The second
word is the Most culprit word i say as regards to us (EXSM)
and the most suitable word for any committee to use for
outrightly rejecting without any solution.The INDIA is
poised to be Economic superpower in next 15-20 years
and we think that this second word will also become
manageable then.But I was stunned after came to know
the other side of the story." On 17 Dec 2009 (Thursday)
our respected MOS for Planning and Parliamentary affairs
Mr. V. Narayanasamy told the Rajya Sabha thatat least
327 of the 598 central govt-sponsored projects have been
delayed, resulting in an Additional Burden of Rs. 54717
CRORE to the exchequer."Not to blame anyone for this
above additional burden (as there may be multiple issues
involved) but this could have been reduced to some extent
by Proper Planning and by proper Monitoring.Lastly this
is not the isolated case, there will be/(there are)so many
areas where we all can reduce this burden significantly
by Proper Planning/Monitoring/by making best use of
Public Money (at least in those projects/areas where no
issues involved like rehabilitation/legal).Hope somebody
will take pain to atleast go through this above.Best regards

Tuesday, December 22, 2009

High handedness by GCM! Presiding Officer,a Colonel, places a Major ( Women Army Officer),called as witness:Vet.PJS Chhatwal PLS Retd.

Dear veterans,
Regards.Find below a case of gross high handedness
of GCM authority. Please ponder over it and give your
valued comments.
Veteran Prabhjot Singh Chhatwal PLS Retd.
Mob.09554-09128,Tele-Fax 0175-5000896.


GCM arrests woman officer, kicks up a row :Vijay Mohan-
Tribune News Service.
Chandigarh, December 22.A woman army officer summoned

as a witness was reportedly placed under arrest by a general
court martial (GCM) for alleged verbal altercation with the
court during proceedings.
The officer was reportedly kept in “illegal confinement” in

the custody of an escort officer overnight. While the GCM
has been adjourned sine die following the incident, the
officer- a major with the Judge Advocate General’s (JAG)
Department - is understood to have made a written
complaint to the Army’s top brass and sought an
interview with the Army Chief.
The GCM was convened by the Eastern Command to try

a lieutenant colonel posted in a military hospital on
charges of indulging in private practice while in service
and misusing military infrastructure for the same.
According to sources, the woman officer was on leave
when she was summoned last week along with some case
files pertaining to the ongoing trial, presided over by
a colonel from the Electronics and Mechanical Engineers.
After the alleged verbal altercation took place, the GCM

adjourned and she was infirmed that she was being
placed under arrest for contempt of court and was told
to remove her cap and belt. She was released next
evening on orders by the General Officer Commanding,
Bengal Area.
JAG officers say that the act of placing the officer under

arrest was illegal because as per provisions of the Army
Act and Army Rules, the witness could not have been
placed under arrest for contempt of court. Perceived
contempt of court on the part of a witness who is
subjec to the Act has to be reported by the GCM to the
individual’s commanding officer or competent
authority for initiating requisite action.

Thursday, December 17, 2009

Parity between pre and post -2006 retirees : Story not over yet- Major Navdeep:veteran Prabhjot Singh Chhatwal PLS Retd.

Dear Veteran ,
Regards.This is for your information, please.Ponder over it and give your comments.
Parity between pre and post 2006 retirees : Story not over yet !!?!!
The government had officially closed the chapter for grant of any additional benefit to pre-2006 retirees or any improvement in the modified parity already implemented (2.26 of old basic pension OR 50% of minimum of new pay band + Grade Pay + MSP when applicable, whichever is higher). Similarly, the government had also officially closed the chapter for grant of full pension to retirees who had been released between 01-01-2006 and 02-09-2008 after putting in 20 years of service. As we know, the government has already relented on the latter aspect and even issued the letter granting the benefit. Now it seems that there is going to be a re-think on improving the modified parity granted to pre-2006 pensioners.In a meeting between the National Anomalies Committee on the 6th CPC Chaired by the Secretary Personnel, Govt of India, and the Confederation of Central Govt Employees and Workers, the government has decided to consider the issue once again. It would be worthwhile to state that almost all pensionary modalities made applicable to civil employees are extended to defence personnel also.More details on the meeting can be accessed by clicking here.
Posted by Navdeep / Maj Navdeep Singh at 5:14 AM 2 comments
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National Anomaly Committee meeting held on 14-12-2009 and decision taken :Veteran Prabhjot Singh Chhatwal PLS Retd.

Dear Veterans,
Regards.This is posted for your information.Please ponder over it
and find for yourself why the govt. can not agree to ONE RANK
ONE PENSION as being asked in joint memorandum dated
14-10-2009 by IESM,IESL and others .
Monday, December 14, 2009
National Anomaly Committee meeting and decisions.
CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS.
A-2/95,Manishinath Bhawan,Rajouri Garden, New Delhi-110 027
Website:www.confederationhq.blogspot.com. Email:Confederation06@Yahoo.co.in
Tel: 011-2510 5324: Mobile: 98110 48303

D/11/1/2009
Dated: 14th December, 2009
Dear Comrade,
National Anomaly Committee
Meeting and decisions.
The first meeting of the National Anomaly Committee was held on

12th December, 2009. Secretary (Personnel) chaired the meeting.
On behalf of the Confederation, Com. S.K. Vyas, President and
Com. K.K.N. Kutty Secretary General attended and participated in
the discussion. In the opening remark, Com. Umraomal Purohit drew
the attention of the Chairman of the non-functioning of the Departmental Councils in various departments and the consequent non setting up of Departmental Anomaly Committees. He also raised the issue of the
order of the DOPT defining the term Anomaly, which was at variance
with the one given in 1997. He recalled the discussion he had with the
official side in the matter when it was agreed that the definition of the
term would be the same as was in the order of 1997. Responding to the
remarks made by the Staff Side Secretary, the Chairman said that his
office would take steps to ensure the functioning of the JCM at all
levels and informed the meeting that the National Council of the JCM
would meet on 16th January, 2009 and the notice therefore has
already been issued. On the question of anomaly, it was informed by
the Chairman, that all efforts would be taken to address all questions
of anomaly and resolve them. The official side clarified that all
questions of disparity in relativities would also be addressed except
on those on which the 6th CPC has gone into and taken decision
enumerating reasons. The Chairman asked the staff Side to bring to
the notice of the DOPT/DOE of all those items which stand rejected
by the concerned Departmental Anomaly Committees taking shelter
under the extant definition.
We now reproduce the items which were discussed and the

decisions arrived on each of them.
The item Nos. 1 to 4 and 5(iii)(iv) and 7 were grouped together and

discussed as they were identical in content. For the sake of
convenience, we reproduce item No. 3 which covers all the above
mentioned items.
Fixation of Pay in Revised Pay Scale
The VI CPC in para 2.2.19 (vii) has indicated that where prerevised

pay scales have been merged it has been done by extending the
existing minimum prescribed for the highest pay scale with which
the other scales are being merged. Accordingly it has also been
stipulated in 7(1) (A) of the CCS (Revised Pay) Rules, 2008 that if
the minimum of the Revised Pay Band / Pay Scale is more that
what is determined by multiplying the existing basic pay as on
1.1.2006 by a factor of 1.86 and rounding of the resultant figure
to the next multiple of 10, the pay shall be fixed at the minimum
of the revised Pay Band / Pay Scale. Note 2B below Rule 7, ibid and
illustration 4B given in the Explanatory Memorandum to the
Revised Pay Rule apply to cases of merger of Pay Scales. Note 2 B
states that pay in the revised Pay Bands will be fixed in the manner
prescribed in accordance with Clause (A) (i) And clause (A) (ii)
of Rule 7. In illustration 4B a case of an employee in the pre revised
pay scale Rs.5000-8000 drawing Rs.5600 as on 1.1.2006 in the pay
scale of 6500-10500 has been indicated with which the pay scale of
Rs.5000-8000 stands merged.

Taking these into account the pay in the Pay Band in the case of all

employees in the Pay Scales of Rs.5000-8000 and Rs.5500-9000 has
to be fixed at Rs. 6500 multiplied by 1.86 i.e. Rs.12090. The fixation
tables for pay scales 5000-8000 and 5500-9000may therefore be
modified fixing the pay in the pay band at Rs.12090 wherever it is
less than that amount.

Illustration 4B in the explanatory memorandum to the Revised

Pay Rules 2008 may be modified as under:-
Existing Scale of Pay 5000-8000
Pay Band PB-2 9300-34800
Merged with Pay Scale 6500-10500
Existing Basic Pay as on 1.1.06 Rs.5600
Pay in the PB-2 Rs.5600 X 1.86 = 10420 As per Clause (A) (i) of

Rule 7(i) of Revised Pay rules 2008
Pay in the PB-2 Rs.6500- X 1.86 = 12090 As per Clause (A) (ii)

of Rule 7 (i) of Revised Pay Rules 2008
Grade Pay Rs.4200
Revised Basic Pay Rs.16290
Decision:
The Staff Side pointed out that what has been recommended by the

6th CPC in Para 2.2.19(vii_ in respect of fixation of minimum pay in
the Pay band for merged pay scales had not been taken into account
while computing the pay band and the table. After some discussion,
the official side stated to have a re-look into the matter.
Item No. 5(i)
On Revised Pay Rules. 2008
(i).Option
It has been mentioned under sub rule 4 thereof that the option

once exercised shall be final and should be exercised within three
months from the date of notification of the rule vide Sub rule I
thereof. Since it is very difficult to comprehend and assess the
implication of such option, we propose that the first option exercised
within three months may not be treated as final and the employees
be permitted to revise the option within six month of the date of
exercising the first option.

Decision.
The official side has agreed to allow another option. The staff Side

also pointed out during the discussion that the option exercised
by the officials under F.R. 22(I)(A(1) on promotion has been
restricted to only first promotion, which appears to be unreasonable.
The official side has agreed to examine whether the above option
can be allowed to cover all promotions.

Item No. 5(ii)
(ii). Special allowance and qualification pay which are taken for

fixation purposes on promotion should be doubled with effect from
1.1.2006 and not from 1.9.2008 as it cannot be construed to be an
allowance. If this is not done, senior employees will suffer loss in
emoluments, in case of persons who are promoted during the period
between 1.1.2006 and 1.9.2008.
It was pointed out that the item relating to 5th CPC is still pending

at the Standing Committee. The Official Side stated that the item
would be covered when a decision is taken on the item relating to
5th CPC.

Item No. 5(vi)
(vi) Rule 9. Date of next increment
It is seen after going through the stipulation in the above rules that

a person whose increment falls on 1.1.2006 will get the increment
on 1.1.2006 in the pre revised pay scale and will get the next
increment in the revised pay structure on 1.7.2006 i.e. on expiry of
six months. Similarly those, whose next increment is between 1st July,
2006 and 1st December, 2006 would also be granted next increment in
the revised pay structure on 1.7.2006. On the other hand, the persons
whose increment dates are between 1st Feb. 2006 and 1st June 2006
have to wait for more than 12 months to get the next increment on
1.7.2006. This is quite anomalous. In the case of those who retire
during the period between 1st Feb. and 30th June, they will suffer a
loss of one increment perpetually thus affecting their pension. It is,
therefore proposed that the persons whose increment falls between
1st February and 1st June, 2006 may be given one increment on
1.1.2006 as a one time measure.

The official side agreed to issue orders to cover those in service

between 1.1.2006 and 1.7.2006 as a one time measure. The Staff
Side however, pointed out that they have made the suggestion
for a one time measure on the specific understanding that Rule
9 of the Revised Pay Rules 2008 has no applicable in the fixation
of increment date in future as in those cases, the Fundamental
Rules will have the application. The Official side was of the opinion
that the Revised Pay Rules will override the provisions of the
Fundamental Rules. The Staff Side then contended that the
increment of an official cannot be postponed except on award of a
penalty after initiation of the disciplinary proceedings. The official
side after some discussion agreed to reconsider the issue in the
light of the contention made by the Staff Side.

Item No. 5(vii).
(vii). Tax deduction from salary:
Spread over of the arrears of salary is permissible under section

89 (a) of the I.T. Act. No tax will thus become payable by Group D
employees on account of receipt of arrears eventually. Therefore,
executive instructions may be issued not to deduct any tax from
the arrears payment pertaining to the Group D employees. In
respect of others, they may be allowed to exercise option to tax
the arrears either on receipt basis or accrual basis.

Decision .
Since the arrears have all been paid after deduction of tax, this item

was not pressed.

Item No. 5(vii)Temporary Status Casual Labourers

As per existing scheme the employees who are afforded temporary

status are paid the wages computed with reference to the minimum
of the corresponding scale of pay of regular employees. In the case
of Group D temporary status employees, it will become necessary
that they are afforded the requisite training if they are non- matriculates.

Decision.

Orders would be issued in the case of temporary status employees.

In the case of those who died /retired between 1.1.06 and 1.9.2008
grant of grade pay of Rs. 1800 without training was raised by the Staff
Side. It was agreed that the Govt. would take a decision in their
case favorably.

Item No. 6.
Benefit on promotion.
It is an accepted proposition that an employee when promoted to

a higher post involving higher responsibility should get a suitable
raise in his salary. It was on this consideration that FR 22-C was
framed whereby the promotee was first granted an increment in
the lower Pay Scale and then fixed at the appropriate (next) stage
in the higher grade.

At the time of V CPC it was agreed that minimum increase in salary

on promotion shall not be less then Rs.100/- There are certain
grades in which, on promotion, a hike of Rs.650/- is being allowed
with reference to pre-revised pay scale.

In these circumstances grant of only one increment in the lower

Pay Band / Pay scale and difference in grade pay, if there be any,
being granted on promotion is certainly inadequate. We therefore
propose that minimum benefit on promotion should not be less
than 10% of the Pay+Grade Pay of the feeder post.

Decision:

The official side stated that the above item was not covered under

the definition of anomaly. However, after some discussion, it was
agreed that the official side would further discuss the issue outside
the forum of the Anomaly Committee.

Item No. 7.
Fixation of pay on promotion.
The minimum Entry pay with Grade Pay in the revised pay structure

for direct recruits appointed on or after 1.1.2006 has been specific
vide first Schedule, Part –A, Section II of the Gazette Notification of
the Govt. of India, Ministry of Finance No. G.S.R. 622 (E) dated 29.8.2008.

On promotion, the pay of the promotees should not be less than the

direct recruits.

In VI CPC structure there is no pay scale and new concept of grade

pay has been inducted, which should determine the status. As such
the following provisions need to be inserted below clarification 2.
'The method of Fixation of Pay on promotion on or after 1.1.2006.

"on promotion to the higher grade pay of an employee should be fixed appropriately and in any case it should not be less than the entry

Pay in the revised pay structure for direct recruits appointed on of
after 1.1.2006 for the post." further, on promotion to the next higher
grade pay an employee should be fixed by adding 10% of pay, plus
the grade pay as demanded by NC/JCM in its memorandum
submitted to the Chairman, NC/JCM/Cabinet secretary on 8.4.2008.

Decision.
The Official Side agreed to issue enabling orders in the matter.

Item No. 8.
Refixation of pension/family pension.
Para 9 of the Ministry of Personnel, Public Grievances and

Pension's O.M. No. F.No. 38/37/08-P&PW (A) dated 1.9.2008
states as under:-
"The consolidated pension / family pension as worked out in

accordance with provisions of para 4.1 above shall be treated
as final basic pension with effect from 1.1.2006 and shall qualify
for grant of Dearness Relief sanctioned thereafter.".

This has left uncovered the provision made in para 4.2 of the

same OM, which lays down as under:-

"The fixation of pension will be subject to the provision that the

revised pension in no case, shall be lower than fifty present of the
minimum of the pay in the pay band plus the grade pay
corresponding to the pre-revised pay scale from which the
pensioner had retired. In the case of HAG + and above scales, this
will be fifty percent of the minimum of the revised pay scale."

Since refixation of pension has been allowed both under paras 4.1

and 4.2, they should both he covered in para 9 of the OM. It is
requested that para 9 of the said OM may be revised including
both paras 4.1 and 4.2 thereof.

Decision.
Orders have been issued vide O.M.dated 12th and 14th September,

2009

Item. No. 9.
Anomaly in pension for Government Servants who retired/Died

in harness between 1.1.2006 and 1.9. 2006
The Sixth Central Pay Commission lays down inter-alia that once

an employee renders the minimum pensionable service of 20 years,
pension should be paid at 50% of the average emoluments received
during the past 10 months or the pay last down, whichever is more
beneficial to the retiring employee.
As per the Ministry of Personnel, Public Grievances and Pension

O.M. F.No. 38/37/08-P&P(W)(A) dated 2nd September 2008, these
orders shall come into force with effect from the date of issue of this
OM, namely 2nd September 2008 and shall be, applicable to all
Government Servants becoming entitled to pension after rendering
the minimum qualifying service of 20 years or on completion of 1
years qualifying service in accordance with rule 49(2) of the CCS
(Pension) Rules, 1972.

However, the Govt. servants who have retired on or after 1.1.2006

but before the date of issue of this OM (2.9.2008) have been debarred
from this benefit. They will be governed by the rules/ orders which
were in force immediately before coming into effect of these orders.
In other words their pension will be calculated on average
emoluments received during the last 10 months and not on
the actual pay last drawn. It is requested that this discrimination
should be removed.

Decision.
Orders are under issue. The Staff Side raised the inordinate delay

in fixing the revised pension and disbursement of arrears to
pensioners. The official side assured to monitor the payment
of arrears to pensioners. The refusal on the part of many banks to
issue the due and drawn statement even on requisition was also
brought to the notice of the Chairman. The Director (Pension)
assured that suitable instructions would be issued in this regard
to all Banks.

Item No.10.
Commutation of pension.

The minimum period of service for eligibility for pension is 10 years.

For appointment to Government Service the minimum age is 18 years.
In view of this, if a person is appointed at the age of 18 years he
cannot become eligible for pension unless he has served for a
period of at least 10 years and attained the age of 28 years i.e. when
his birthday falls in the 29th years.

The table adopted a per the Ministry of Personnel, Public Grievances

and Pension's OM No. 38/37/08-P&PW (A) dated 2.9.2008 shows the
minimum age of next birthday after retirement as 20 which is not
understood. It is requested that suitable amendment to the table
referred to may be notified.

The item was withdrawn by the Staff Side.

Item No.11 to 14. These items were deferred for discussion at the

next meeting.

Item No.15.
Parity in pension of all pre 1996 retirees with those who retired on

or after 1.1.2006

The Government have already accepted in principle that there

shall be parity in pension amongst pensioners irrespective of the date
from which they had retired.
Accordingly pension of all pre 1986 retirees was revised with effect

from 1.1.96 by first determining the notional pay which would have
been fixed as on 1.1.86 (treating as if the employees were in service
on that date) and then the Notional Pension was updated by applying
the same fitment formula which was applied to serving employees.
We, therefore demanded that the notional pay of all pre 1996

retirees may be fixed as on 1.1.96 in terms of Revised Pay Rules,
1996 and the notional pension as on 1.1.96 may be revised w.e.f.
1.1.06 by applying the same fitment formula which is applied in
the case of serving employees i.e. by multiplying the notional
pension as on 1.1.96 by 1.86 + the Grade Pay of the Pay Scale
(V CPC) from which they would have retired.

The revision of pension has been done by applying the formula

of Basic Pension as on 1.1.96 + Dearness Pension
(50% of Basic Pension) + Dearness Relief on Basic Pension + Dearness Pension+40% of Basic Pension.

This is not the same that has been granted to serving employees.

In whose case the Grade Pay which is the fitment benefit is 40% of
the maximum of the Pre-revised Pay Scale.
As such the Pensioners should also be granted 50% the of Grade Pay

of the Pay Scale from which they had retired by way of fitment
benefit and not 40% of Basic Pension.

Decision.
The Staff Side pointed out that the 6th CPC in order to maintain

the existing modified parity between the present and future
retirees had indicated that it would be necessary to allow the same
fitment benefit as is being recommended for the existing
Government employees vide para 5.1.47 in page 338. However,
the Commission recommended that all past pensioners should be
allowed fitment benefit equal to 40% of the basic pension. The
statement and the recommendation made to give effect to the
statement was at variance giving rise to anomaly and disparity in
pension entitlement between the past pensioners and the future
pensioners. After detailed discussion, the official side agreed to
consider the issue once again.

At the conclusion of the meeting, the Staff Side took up the matter

concerning non representation of Postal Federations in the
National Council as some members of a Federation which could
not muster even 5% membership had been approaching one court
or the other in a bid to delay the verification process and consequent
recognition of the Associations and Federations in the Posta
l Department. As it would be a never ending process, the denial
for the unions who had mustered more than 75% of the membership representation in the National Council would be a miscarriage of
justice, the Staff Side added.. The Director (SR) of the Postal
Department, who had represented the Postal Department in
the official side agreed with the contention of the Staff Side and
reported to the Chairman, that they had granted adhoc recognition
to the Unions who had mustered the requisite membership and
the Department Council had also been convened and met on adhoc
basic. The question of granting of representation to the
representatives of the Staff in the National Council had been
referred to the Department of Personnel and their advice in the
matter was being solicited. The Chairman assured the Staff Side to
look into the matter and take appropriate decision soon.

The denial of revised higher Grade Pay to Master Craftsmen of

Workshops in MMS in the Postal Department, while affording the
same to those in Railways and Defence was also raised by the
Staff Side. The Department of Expenditure pointed out that they
had not received any reference from the Postal Department in this
matter, whereas the official side representative of the Postal
Department stated that they had referred this matter to them
earlier. After some discussion, it was agreed that the Department
of Expenditure and the Postal Department would sort out this
matter expeditiously.

With greetings,
Yours fraternally,


K.K.N. Kutty
Secretary General







Posted by Confederation Of Central Government Employees at
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Friday, December 11, 2009
Circular


CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS.
A-2/95,Manishinath Bhawan,Rajouri Garden, New Delhi-110 027
Website:
www.confederationhq.blogspot.com. Email:Confederation06@Yahoo.co.in
Tel: 011-2510 5324: Mobile: 98110 48303


D/11/1/2009
Dated: 10th December, 2009
Dear Comrade,
National Council meeting and decisions.

The 23rd National Council meeting of the Confederation was

held at New Delhi from 4th to 6th December, 2009. The meeting was
inaugurated by Com. Sukomal Sen, former Member of Parliament

and former General Secretary of TUI-PAE. The inaugural session
was held at Muktadhara, Gol market, New Delhi. Com. Tapan Sen,
MP and Chairman, Reception Committee welcomed the Guests,
Councillors, and observers on behalf of the Reception Committee.
The Council was addressed by Com. M.K. Pandhe, President, CITU,
Com. Umraomal Purohit, General Secretary, HMS and Secretary
Staff Side, JCM, National Council. Com. S.P. Tewari, General
Secretary, TUCC, Com. Subba Rao, Secretary, BMS, Com.
Sreekumar, General Secretary, All India Defence Employees
Federation, Com. Rajesh Menon, General Secretary, Confederation
of Central Government Officers Federations. Com. Swapan
Mukherjee General Secretary AICCTU, Com. Sebastiano Soares,
General Secretary, TUI, Com. Nguyen Ngoc Ben, Senior Vice
President, Vietnam Public Services Union had sent in their messages,
which were read out at the inaugural session. On behalf of the
Presidium, Com. S.K. Vyas, President, Com. C.C.: Pillai, Working
President, Com. T. Narasihman addressed the session. Com Vrighu
Bhattacharya, proposed vote of thanks.

Com. G.L. Dhar, Secretary, AITUC, Com. V.A.N. Namboodiri,

General Secretary, BSNL Employees Union, and Com S. Mohan,
Secretary General, All India Audit & Accounts Officers Association
addressed the delegate session on 5th Dec 2009.

The subject session of the Council meeting were held at

Garhwal Bhawan, New Delhi. 35 Affiliated Associations/
Federations and 14 COCs were present at the subject session.
The report of the Credential committee presented at the meeting
would be circulated along with the detailed circular letter later.
The Council adopted the report and accounts submitted on behalf
of the Secretariat. In all 51 comrades participated in the
discussion on the report. The Secretariat provided all the
clarification sought by the members before adopting the accounts.
The points made out by the Comrades during the deliberation on the
draft report would be covered in the detailed circular letter
incorporating the decisions taken at the meeting on various agenda
items. The Council adopted various resolutions moved by the Sectt
and a few moved by the affiliates and COC representatives. The
amendments to the Constitution proposed by the National
Executive Committee, which had already been circulated were
adopted. Besides, the Secretariat submitted certain proposals on
the basis of the feedback from the affiliates and COCs. These were
also approved by the Council after deliberations. The amendments
were to give effect to the following proposals.

(a) to replace the existing National Council with the triennial

National Conference.
(b) To have a National Council as the second tier of functioning

to meet once in a year.
(c) To have the National Executive with the members of the

elected Secretariat members, Members nominated by the affiliated
organizations having membership of more than 3000 and if
those organizations do not have a representative in the Secretariat.
(d) To have a progressive representation of councilors/Associate

Councillors for the COCs in the National Conference on the basis of
paid up amount of subscription with a ceiling limit of one Councilor
and four associate Councillors , the maximum subscription being
Rs. 5000 and the minimum at Rs.1000.
(e) To have the National Council, the representation of each of

the affiliated Associations/Federation through their Chief Executive
and the State Secretaries of the COCs.
(f) To expand the number of Secretariat members for the ensuing

term to give wider representation to the affiliates.
The Council also decided to adopt the logo of the Confederation as

was exhibited at the meeting and change the nomenclature of the
COCs as "Confederation of Central Government Employees and
Workers, ………….State Committee/District Committee" as the case
may be.

The Resolution moved by the Secretariat on Policy and

Programme was discussed in the background of the Government's
decision to re-introduce the PFRDA bill in the Parliament
seeking even the support of the NDA partners. It was decided by
the house that the Secretariat must hold discussion with the
leaders of the All India State Government employees Federation
and All India Defence Employees Federation to carry out the
earlier proposal of organizing a day's strike action as and when
the Bill is placed before the Parliament. The resolution on Policy
and Programme was adopted. The same is annexed to this letter.

The Council elected the following as the office bearers for the

ensuing term of three years. The house unanimously accepted the
suggestion of Com. S.K.Vyas, President to appoint Com. P.V.
Ramachandran as Auditor of the Confederation. The Council
concluded its deliberations on 6th at 6.00 PM. Brief resume of
discussions on each item of agenda and the decisions taken thereon
would be, as indicated above, conveyed in due course.
With greeting

Yours fraternaK.K.N. Kutty.
Secretary General