ALL INDIA DRDO TECHNICAL OFFICERS' ASSOCIATION (AIDTOA): April 2018

Saturday, 28 April 2018

Confederation of Central Government Gazetted Officers Organisations (CCGGOO) & All India DRDO Technical Officers Association (AIDTOA) welcome the Supreme Court Judgment reimposing costs of Rs1,00,000 on Union of India for its "careless and insouciant attitude" creating "extremely unfortunate situation of unnecessary and avoidable burdening of Supreme Court through frivolous litigation".

In a judgment passed earlier this week, the Supreme Court Bench of Justices Madan B Lokur and Deepak Gupta was constrained to re-impose Rs 1 lakh as costs on the Central government after it chose to try its luck in yet another appeal against former soldier Naik Balbir Singh.

While doing so, the Court also pulled up the Centre for dragging its feet over its plans to introduce a National Litigation Policy.

The instant appeal was filed despite the imposition of Rs 1 lakh as costs by the same Bench on the government last month, while dismissing an earlier unnecessary appeal in the case.

The government’s dogged persistence in the matter provoked the Bench to remark,

“The couldn’t-care-less and insouciant attitude of the Union of India with regard to litigation, particularly in the Supreme Court, has gone a little too far as this case illustrates.”

Given its earlier warning, the Court had expected that the state would withdraw the appeal from the Court Registry, so that it is not even listed and there is no unnecessary burden on the judges.

“But obviously, the Union of India has no such concern,” observed the Bench.

In turn, the government’s attempt to move another round of litigation in the matter prompted the Bench to impose costs of Rs 1 lakh again, with the hope that,

“…someday some sense, if not better sense, will prevail on the Union of India with regard to the formulation of a realistic and meaningful National Litigation Policy and what it calls ‘ease of doing business’, which can, if faithfully implemented benefit litigants across the country.”

Before parting with the judgment, the Court reiterated that such frivolousor infructuous cases only serve to add to the burden of the Court,collaterally harming other litigants by delaying hearing of their cases through the sheer volume of numbers. It was observed,

“If the Union of India cares little for the justice delivery system, it should at least display some concern for litigants, many of whom have to spend a small fortune in litigating in the Supreme Court.”

The Court observed that in the pursuit of such litigation, the government also appeared unmindful of the noble goals it had set in various state policies, including the National Litigation Policy.

“None of the pious platitudes in the National Litigation Policy have been followed indicating not only the Union of India’s lack of concern for the justice delivery system but scant regard for its own National Litigation Policy.”

Rather than following its own goals to reduce case pendency, the Court noted that the government had gone overboard in pursuing a matter which was likely to fail given its history.

“To make matters worse, in this appeal, the Union of India has engaged 10 lawyers, including an Additional Solicitor General and a Senior Advocate! This is as per the appearance slip submitted to the Registry of this Court.

In other words, the Union of India has created a huge financial liability by engaging so many lawyers for an appeal whose fate can be easily imagined on the basis of existing orders of dismissal in similar cases.

Yet the Union of India is increasing its liability and asking the taxpayers to bear an avoidable financial burden for the misadventure.

Is any thought being given to this? The real question is: When will the Rip Van Winkleism stop and Union of India wake up to its duties and responsibilities to the justice delivery system?”

In this context, the Court also noted that the focus should be on the finalisation and implementation of the government’s litigation policies, rather than calling upon the judiciary to reform alone.

“The website of the Department of Justice shows that the National Litigation Policy, 2010 is being reviewed and formulation of the National Litigation Policy, 2015 is under consideration. When this will be finalized is anybody’s guess.

There is also an Action Plan to Reduce Government Litigation which was formulated on 13th June, 2017. Nothing has been finalised by the Union of India for the last almost about 8 years and under the garb of ease of doing business, the judiciary is being asked to reform.

The boot is really on the other leg.”

The appeal was dismissed on these terms. The Court has ordered that the imposed costs be deposited with the Supreme Court Legal Services Committee within four weeks for utilization in juvenile justice issues. The matter has been listed for compliance after five weeks.

Tuesday, 24 April 2018

CLAIMING TA DA BILLS – LODGING, FOOD BILL VOUCHERS ARE NOT REQUIRED

CGDA has reiterated that for Claiming TA DA Bills, Hotel Accommodation, Food Bill, Taxi Charges Vouchers are not required with reference to the Finance Ministry Order issued on 1st February 2018

Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt- 110010

06.04.2018

No. AN/XIV/19015/Govt. Orders/TA/DA/LTC/Medical/2018

All PCsDA/CsDA/PCA (FYs)

Sub: Travelling Allowance Rules — Implementation of the Recommendations of the Seventh pay Commission.

A copy of Government of India, Department of Expenditure Office Memorandum No. 19030/1/2017-E.IV dated 01.02.2018 on the above subject is available on the website of CGDA for your information, guidance and necessary action please.

According to the OM of Department of Expenditure dated 1st February 2018

” The 6th CPC had changed the old concept of Daily Allowance by introducing reimbursement of Hotel Accommodation, Food Bill and Taxi Charges on production of vouchers for the same. Since this was a new concept, therefore, option was given to the employees to choose either the old 5th CPC single rate of DA or the new system of DA based on reimbursement of expenses as per 6th CPC. The 7th CPC has recommended to continue the concept of reimbursement of Hotel Accommodation, Food Bill and Taxi Charges with the exception that vouchers are not required to be produced for Food Bills]

PROCEDURE FOR ADMISSION IN KV SCHOOLS THROUGH MP RECOMMENDATIONS

As per the decision taken in the 103rd Board of Governors meeting held on 30.10.2015, the existing quota of 06 (six) children for admission in Kendriya Vidyalayas on the recommendation of Hon’ble Members of Parliament during each academic session under the Special Dispensation Scheme is enhanced from 06 to 10 (ten) with effect from the academic session, i.e. 2016-17.

The Revised Scheme of Special Dispensation Admission for Members of Parliament comes into vogue with effect from the academic session 2016-17 with the following features:

1. Each Hon’ble Member of Parliament can refer 10 (ten) cases for admission under the scheme in an academic year but such recommendations shall be confined to children whose parents belong to his constituency either by domicile or on account of having been soon-before posted there or else on account of exigencies of service, migrate to his constituency. Such recommendations would be for admissions in Kendriya Vidyalaya(s) located in his constituency only. In case there is no Kendriya Vidyalaya in the constituency of the Hon’ble MP(Lok Sabha), she/he can recommend these admissions in the Kendriya Vidyalaya(s) located in any neighbouring contiguous constituency. For Members of Rajya Sabha, the State from which the member has been elected would be deemed to be his constituency for this purpose. Nominated members of Rajya Sabha and Lok Sabha can recommend 10 cases for admission in any one or more Kendriya Vidyalaya(s) of the country.

2. These admissions shall be over and above the class strength.

3. These recommendations would be made for classes I and IX.

4. These admission would be made at the beginning of the academic year and no admission would be allowed after the prescribed cutoff date of the year.

5. The recommendations to be made shall be valid only if these are made in the prescribed format provided to each Members of Parliament by KVS(HQ). Recommendations sent in any other format/manner shall not be considered.

6. The children recommended by Hon’ble Members of Parliament must be otherwise eligible for admission as per the extant KVS Admission Guidelines.

Sample Coupon: (Published by KVS (HQ) MP-KVS-Coupon

REIMBURSEMENT OF MEDICAL CLAIMS UNDER THE CENTRAL GOVERNMENT HEALTH SCHEME (CGHS) : SUPREME COURT JUDGEMENT.

CLICK HERE TO VIEW & DOWNLOAD COMPLETE SUPREME COURT JUDGMENT

Click the below link to view
FAQS ON RECRUITMENT RULES - DOPT

COMMON MISTAKES BY PAOS IN PROCESSING OF REVISION OF PENSION UNDER 7TH CPC

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-II,BHIKAJI CAMA PLACE,
NEW DELHl-110066
PHONES:26174596,26174450,26174438

CPAO/1T&Tech/Revision(7th CPC)/19.Vol-III (D)/2017-18/12

19.04.2018

Office Memorandum

Subject: Common mistakes by PAOs in processing of Revision of Pension under

7th CPC .

7th CPC Pension Revision cases are to be settled in a time bound manner. This office is receiving more than 3000 pension revision cases on daily basis. However, it has been observed that about 5 to 10 percent cases are returned by this office to PAOS due to Various discrepancies. The reasons to return are indicated by this office in each case. To facilitate the PAOs, a list of common mistakes made by PAOs has been prepared and enclosed herewith at Annexure-A.

In view of above all the PAOs are requested to ensure that 7th CPC revision cases are sent correctly to CPAO to speed up the processing of the same in a time bound manner.
Encl: As above

(Md.Shahid Kamal Ansari)
Asstt. Controller of Accounts)
Ph No 011‐26103074

ANNEXURE-A

1. DATE OF DEATH OF PENSIONER NOT MENTIONED IN COLUMN 3(b. (FAMILY PENSION CASE)

2. APPLICABILITY OF COMMUTED PENSION MAY BE CHECKED WHETHER ITIS APPLICABLE OR NOT.

3. CLASS/CATEGORY OF PENSI0N UNDER COLUMN 1(g) MAY BE CHECKED.

4. NOTIONAL PAY SHOWN UNDER COLUMN 3(e) MAY BE CHECKED.

5. PAY/NOTIONAL PAY SHOWN IN COLUMN 3(e) ,DOES NOT MATCH WITH PAY FIXED UNDER 7th CPC AS SHOWN IN COLUMN 4(a).

6. LEVEL AND INDEX UNDER COLUMN 4(a)MAY BE CHECKED.

7. BASIC PENSI0N IS NOT MATCHING WITH THE LAST PAY DRAWN AS PER 7TH CPC.

8. PAY MATRIX FOR LEVEL-13 MAY BE CHECKED WITH REFERENCE TO REVISED PAY MATRIX IN TERMS OF MINISTRY OF FINANCE (DEPTT OF EXPENDITURE) RESOLUTION DATED‐ 16.05.2017

9. PAY MATRIX FOR LEVEL‐ 14 MAY BE CHECKED WITH REFERENCE T0 REVISED PAY MATRIX IN TERMS OF DEPTT.OF PENSION & PENSIONERS WELFARE OM DATED- 13.09.2017

पेंशन कोष नियामक एवं विकास प्राधिकरण ने नया एनपीएस सदस्य पंजीकरण फॉर्म - अतिरिक्त अनिवार्य आवश्यकताएं निर्धारित कीं

MINISTRY OF FINANCE

PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY PRESCRIBES NEW NPS SUBSCRIBER REGISTRATION FORM: ADDITIONAL MANDATORY REQUIREMENTS

Pension Fund Regulatory and Development Authority (PFRDA) has been established by the Government of India for regulation and development of Pension Sector in order to protect the old age income security of subscribers. PFRDA takes various initiatives from time to time in order to simplify and improve the operational issues in National Pension System (NPS) like new functionality development under NPS architecture, simplification of account opening, withdrawal, grievance management etc. In this regard, it has been decided by the Authority to make bank account details and mobile no. mandatory to provide ease of operation for the benefit of subscribers and make the process of Exit from NPS hassle free.

Further, in compliance with the Prevention of Money Laundering Act guidelines issued by the Government of India, Foreign Account Tax Compliance Act (FATCA) and Central Registry of Securitization Asset Reconstruction and Security Interest (CERSAI) have been made mandatory for new as well as existing subscribers. These have been made mandatory in the new Common Subscriber Registration Form (CSRF) forms that are required to be filled in by the new subscribers. The existing subscribers have been provided the facility to submit online FATCA Self-Certification in their login (www.cra-nsdl.com or https://enps.karvy.com/Login/Login ). The information regarding the said functionality is also made available on Central Record-keeping Agency (CRA) websites. The steps to be followed by the subscriber to submit online FATCA self-certification are also mentioned on the website.

It is to be ensured by the subscribers to fill the mandatory fields correctly and not leave them blank in order to avoid rejection of their forms.

DSM/RM /AS

(Release ID :178804) (20.04.2018)

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पेंशन कोष नियामक एवं विकास प्राधिकरण ने नया एनपीएस सदस्य पंजीकरण फॉर्म - अतिरिक्त अनिवार्य आवश्यकताएं निर्धारित कीं

पेंशन क्षेत्र के नियमन और विकास के लिए भारत सरकार द्वारा पेंशन कोष नियामक एवं विकास प्राधिकरण (पीएफआरडीए) की स्थापना की गई है, ताकि संबंधित सदस्योंस की वृद्धावस्था आय सुरक्षा सुनिश्चित की जा सके। राष्ट्रीय पेंशन प्रणाली (एनपीएस) में परिचालन संबंधी मुद्दों को आसान बनाने एवं संबंधित व्यलवस्थाप को बेहतर करने के उद्देश्यध से पीएफआरडीए की ओर से समय-समय पर विभिन्न पहल की जाती रही है। एनपीएस ढांचे के तहत नई कार्यक्षमता का विकास, खाता खोलने एवं निकासी में आसानी, शिकायत प्रबंधन इत्याकदि इन पहलों में शामिल हैं। इस संबंध में प्राधिकरण द्वारा बैंक खाते के विवरण और मोबाइल नंबर को अनिवार्य बनाने का निर्णय लिया गया है, ताकि इसके सदस्यों के हित में परिचालन को आसान बनाने के साथ-साथ एनपीएस से बाहर निकलने की प्रक्रिया को भी परेशानी मुक्त बनाया जा सके।

इसके अलावा, भारत सरकार द्वारा जारी मनी लॉन्ड्रिंग की रोकथाम अधिनियम संबंधी दिशा-निर्देशों के अनुपालन के तहत नए सदस्योंड के साथ-साथ मौजूदा सदस्यों के लिए भी विदेशी खाता कर अनुपालन अधिनियम (एफएटीसीए) और प्रतिभूतिकरण परिसंपत्ति‍ पुनर्निर्माण एवं प्रतिभूति हित की केंद्रीय रजिस्ट्री (सीईआरएसएआई) को अनिवार्य कर दिया गया है। इन्हें नए सामान्य सदस्य् पंजीकरण फॉर्म (सीएसआरएफ) में अनिवार्य कर दिया गया है जिसे नए सदस्यों् द्वारा भरना आवश्यक है। मौजूदा सदस्योंि को अपने लॉग-इन (www.cra-nsdl.com or https://enps.karvy.com/Login/Login ) में एफएटीसीए स्व-प्रमाणन को ऑनलाइन जमा करने की सुविधा प्रदान की गई है। उपर्युक्तस कार्यक्षमता के बारे में जानकारी भी केंद्रीय अभिलेख-रखरखाव एजेंसी (सीआरए) की वेबसाइटों पर उपलब्ध करा दी गई है। एफएटीसीए स्व-प्रमाणन को ऑनलाइन जमा करने के लिए संबंधित सदस्यब द्वारा उठाए जाने वाले कदमों का भी उल्लेख वेबसाइट पर किया गया है।

सदस्योंा अथवा ग्राहकों को अपने फॉर्म को अस्वीकृत होने से बचाने के लिए यह सुनिश्चित करना होगा कि वे समस्तो अनिवार्य खंडों या रिक्तच स्थाहनों को सही ढंग से भरें और उन्हें रिक्त कतई नहीं छोड़ें।

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वीके/एएम/आरआरएस – 8266 (20.04.2018)

NO PROPOSAL IS UNDER CONSIDERATION TO ABOLISH SYSTEM OF PAY COMMISSION IN FUTURE

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

LOK SABHA
STARRED QUESTION NO: 568
ANSWERED ON: 06.04.2018

Pay Commission Reports

Question*568. JOSE K. MANI

Will the Minister of FINANCE be pleased to state:-

(a) whether the reports of successive Pay Commissions have been increasing the burden on Government finances/ exchequer in partially accepting their recommendations for increase in wages and if so, the details thereof;

(b) whether the last Pay Commission has suggested productivity linked pay hike to the deserving employees to eliminate below average or mediocre performance and if so, the details thereof;

(c) whether such periodic hikes in wages resulting from Pay Commission recommendations trigger similar demands from the State Government/public utility employees, imposing burden on already strained State finances and if so, the details thereof; and

(d) whether the Government is considering an alternative for increasing the salaries and allowances of Central Government employees and pensioners in future instead of forming Pay Commission and if so, the details thereof?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI P. RADHAKRISHNAN)

(a) The financial impact of the recommendations of the Central Pay Commission, as accepted by the Government, is normally more pronounced in the initial year and gradually it tapers off as the growth in the economy picks up and fiscal space is widened. While implementing the recommendations of the last Central Pay Commission, i.e., the Seventh Central Pay Commission, the Government staggered its implementation in two financial years. While the recommendations on pay and pension were implemented with effect from 01.01.2016, the recommendations in respect of allowances have been implemented with effect from 01.07.2017 after an examination by a Committee. This has moderated the financial impact of the recommendations. Moreover, unlike the previous 6th Pay Commission, which entailed substantial impact on account of arrears, the impact in the year 2016-17 on account of element of arrears of revised pay and pension on the present occasion of the 7th Central Pay Commission pertained to only 2 months of the previous financial year of 2015-16.

(b) The Seventh Central Pay Commission in Para 5.1.46 of its Report proposed withholding of annual increment in the case of those employees who are not able to meet the benchmark either for Modified Assured Career Progression (MACP) or regular promotion within the first 20 years of their service.

(c) The service conditions of employees of State Governments fall within the exclusive domain of the respective State Governments who are federally independent of the Central Government. Therefore, the concerned State Governments have to independently take a view in the matter.

(d) No such proposal is under consideration of the Government.

Source – Lok Sabha

ALL INDIA DRDO TECHNICAL OFFICERS' ASSOCIATION (AIDTOA)