Thursday, October 8, 2015
DEPARTMENT CAN NOT MAKE RECOVERY AFTER RETIREMENT - JABALPUR CAT ORDER
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
Original Application No. 694 of 2013
Jabalpur, this Tuesday, the 19th day of May, 2015
SHRI G. P. SINGHAL, ADMINISTRATIVE MEMBER
K. L. Phoolmali, S/o late Umarao Phoolmali,
DOB 07.1.1952, R/o JM-70, KIshore Nagar,
Meera Kishan Kunj, District Khandwa – 450001 (MP) - Applicant
(By Advocate - Shri Vijay Tripathi)
V e r s u s
1. Union of India through its Secretary
Ministry of Communication & IT, Department of Posts,
Dak Bhawan, Sansad Marg, New Delhi – 110001.
2. Chief Postmaster Master General, Madhya Pradesh Circle,
Hoshangabad Road, Bhopal – 462012 (MP)
4. Senior Superintendent of Post Offices,
Khandwa Division, Khandwa (MP) 450001 - Respondents
(By Advocate – Shri Amjad Ahmed, Proxy counsel of Shri A. T. Faridee)
(Date of reserving order : 14.05.2015)
O R D E R
The applicant has preferred this Original Application for the following reliefs:
“8(i) Summon the entire relevant record from the possession of respondents for its kind perusal;
8(ii) Upon holding that reducing the basic pay of the applicant as Rs.19960/- is bad in law, command the respondents to calculate all retiral dues and pension of the applicant on the basis of the last basic of Rs. 20,410/-
8(iii) Direct the respondents to revise the pension, DCRG, leave encashment, commuted value of pension and pay arrears of the aforesaid amount with 18% interest p.a.;
8(iv) Direct the respondent to repay the amount of DCRG of Rs.43,790/- to the applicant with 18% interest;
8(v) Any other order/orders, direction/directions may also be passed.
8(vi) Award cost of the litigation to the applicant.
8(vii) Set aside the order dated 30.10.2012 (Annexure A/1), order dated 6.8.2012 (Annexure A/2) and order dated 4.4.2012 (Annexure R/7) with all consequential benefits.”
2. The learned counsel for applicant submitted that at the time of retirement, applicant was holding the post of Deputy Post Master, Khandwa Head Office in the Pay Band of Rs.9300-34800/- + Grade Pay of Rs.4600/- and his basic pay was Rs.20,410/-. However, while paying him retiral dues, the basic pay has been reduced from 20,410/- to 19,960/-. Further, Rs.43,790/- has been deducted from his DCRG, without assigning any reason. The applicant was inducted in the cadre of HSG (II) in the pay scale of Rs.5000-8000 and posted as Deputy Post Master at Itarsi Head Office. Thereafter, vide the order dated 12.1.2005, the applicant was sent on deputation to work as Sub Post Master, Harda in the cadre of HSG (I) and he was given the pay scale of Rs.6500-10500/-. Appointment of applicant in the cadre of HSG (I) was approved by the Departmental Promotion Committee (DPC) and orders were issued on 18.8.2005 (Annexure A-3). Thus, there is no justification for reduction of pay of the applicant for retiral benefits and deduction of Rs.43,790/- from DCRG.
3. The respondents, in their reply, have submitted that the applicant was promoted to HSG (I) grade vide the order dated 18.8.2005, Before that, vide the order dated 12.1.2005, he was posted on HSG (I) grade post of Sub Post Master, Harda Head Post Office by Senior Superintendent of Post Offices, Hoshangabad. Since the applicant was working at that time with the office of Sr. Superintendent Post Offices, Hoshangabad, there was no ground for posting him on deputation basis in one of its offices. Thus, applicant was not entitled to the pay of HSG (I) grade on this posting at Harda as he was still in HSG (II) grade. In any case, applicant was promoted to HSG (II) grade on 29.10.2004 and had qualifying service of only two months as on 1.1.2005 in that grade, he could not have been promoted to HSG (I) grade so early as the qualifying service of three years was required for such promotion. Therefore, when his pension case was prepared, there was objection in regard to his pay fixation on 17.1.2005 in HSG (I) grade when he joined at Harda in compliance of order dated 12.1.2005 of SSPO Hoshangabad. Therefore, applicant’s pay was accordingly refixed and he was grated HSG(I) grade w.e.f. 23.08.2005 when he was actually promoted to that grade. Thus, due to correction of his pay fixation w.e.f 17.1.2005, his basic pay at the time of retirement was changed and applicant has been paid retiral benefits accordingly. Further, excess salary paid to him during this period has been recovered from the DCRG. Thus, the OA, being without any merit, deserves to be dismissed.
4. Heard the learned counsel for the parties and perused the pleadings of the respective parties and documents annexed therewith. I have also gone throught the writtern arguments filled by learned counsel for the respondents.
5. It is undisputed that the applicant was promoted to HSG (I) grade vide the order dated 18.8.2005 (Annexure A-3). Before that, he claims to be posted on deputation basis on a post of HSG (I) grade. However, the order dated 12.1.2005 (Annexure R-1) by which he was posted as Sub Post Master, Harda was issued by Sr. Superintendent of Post Offices, Hoshangabad and since the applicant was already working in his jurisdiction, this posting could not be considered as on deputation. In-fact, this is simply a posting order on vacant post of Sub Post Master, Harda on which the applicant was posted on his own cost for which he may have requested at that time. Thus, applicant was not entitled to get the pay scale of HSG (I) grade w.e.f. 17.1.2005 on the basis of order dated 12.01.2005 (Annexure R-1). Therefore, respondents are not at fault in re-fixing his pay, by treating him promoted to HSG (I) grade w.e.f. 23.08.2005. In view of this correction, basic pay of applicant has been revised and applicant has been paid all the retiral benefits based on this pay. Thus, the respondents cannot be faulted in granting retiral benefits to the applicant based on his revised basic pay of Rs.19,960/- in place of Rs.20,410/-, and no interference with the orders of respondents in this matter, is justified, Therefore, the prayer of the applicant in this regard is rejected.
6. So far as deduction of Rs.43,790/- from the DCRG of the applicant is concerned, this amount has been deducted without issuance of any show-cause notice to the applicant. Relying on the judgment of Hon’ble Supreme Court in the matters of State of Punjab and others etc v. Rafiq Masih (White Washer) etc., Civil Appeal No. 11527 of 2014, learned counsel for the applicant submitted that in view of the law laid down by the Hon’ble Supreme Court in that order, no recovery of excess payment can be made from retired employees or employee who are due to retire within one year of the order of recovery. Since recovery of excess salary has been done after retirement of applicant, such recovery is not in accordance with law. Therefore, the respondents are directed to refund Rs.43,790/- deducted from DCRG of the applicant, within a period of 60 days from the date of communication of this order. However, no interest shall be payable on that amount.
7. Thus, the O.A is partly allowed. No order on costs.
(G. P. Singhal)
Wednesday, October 7, 2015
A better way to avoid multiplicity of unions
The government reportedly is mulling a move to restrict the number of unions in an enterprise, so as to reduce the hassle of the management having to deal with multiple unions, often working at cross purposes. This is a sound move, but the government could do better than the policy it is reported to favour. The government proposes that the management should deal with one union that has more than 50% of the permanent workers of the enterprise as members, or, in case there is no single union that qualifies in this fashion, to deal with as many unions together whose combined strength in the enterprise is at least 50% of the workers. There is a better idea. The Centre for Public Policy and Critical Theory at the Shiv Nadar University suggests, as part of its labour law reform proposal, an alternative.
It moots every enterprise having one recognised union in which all workers are members. Individual unions can contest elections to hold office in this officially recognised union. Unions are free to function, organising workers without affecting the work of the enterprise. However, the differences of opinion among different unions should be settled within the general body of the official union, whose leadership would represent the collective voice of the enterprise’s workers before the management. This would reduce the hassle for the management, obviously. It will serve workers’ interests better as well, on two counts: the management would not be able to play one union off against another, and unions will work in a democratic framework.
One official body to represent members of a group who might hold diverse views and organise into separate subgroups that seek to influence the representative body, is the way parliamentary democracy itself works.
This piece appeared as an editorial opinion in the print edition of The Economic Times.
Productivity Linked Bonus for Railway Employee ( 78 Days )
The Union Cabinet chaired by the Prime Minister Shri Narendra Modi, has approved the Production Linked Bonus for Railway Employees.
As a result of the review of the scheme and approval of the Cabinet the salient features of the PLB scheme are as under: -
a) The output for a year is reckoned by the equated net tonne kilometres by adding together:-
i) total goods revenue net tonne kilometres.
ii) non-suburban passenger kilometres converted by a factor of 0.076.
iii) suburban passenger kilometres converted by a factor of 0.053.
b) The input is taken as the non-gazetted staff strength (excluding RPF/RPSF personnel), increased by the incremental increase/decrease in capital (over average of last three years) during the year. Incremental capital is confined to Rolling Stock utilised for movement of trains. The relative weights given are 0.50 for Tractive Effort, 0.20 for Wagon Capacity and 0.30 for Seating Capacity. The labour input i.e. non-gazetted staff strength is then increased to the extent of the percentage increase in the incremental capital.
Highest PLB amount of 78 days' wages was paid for the financial years 2010-11, 2011-12, 2012-13 and 2013-14. This year also PLB equivalent to 78 days' wages will be paid considering the good financial performance which is expected to motivate employees for working towards improving the same in future.
The financial implication of payment of 78 days' PLB to railway employees has been estimated to be Rs. 1030.02 crore. The wage calculation ceiling prescribed for payment of PLB to the eligible non-gazetted railway employees is 3500/- p.m. The maximum amount payable per eligible railway employee is Rs. 8975 for 78 days.
About 12.58 lakh non-gazetted Railway employees are likely to benefit from the decision.
The Productivity Linked Bonus on Railway covers all non-gazetted railway employees (excluding RPF/RPSF personnel) who are spread over the entire country.
The Union Cabinet in its meeting held on October 2015 accepted the proposal of the Ministry of Railways for payment of Productivity Linked Bonus (PLB) equivalent to 78 days' wages for the financial year 2014-2015 for all eligible non-gazetted Railway employees (excluding RPF/RPSF personnel).
Source : PIB (Release ID :128504)
Pension Process Road Map for Happy Retired Life
UPON ENTRY INTO SERVICE
Service Book in prescribed Format to be maintained to record every step in your official life.
It must contain Family Details and Nominations for Retirement/Death Gratuity, GPF and amount of CGEGIS
You must check your Service Book so as to verify correctness of entries made therein.
AFTER EIGHTEEN YEARS OF SERVICE
Issue of Service Verification Certificate of your Qualifying Service by Head of Office.
FIVE YEARS BEFORE RETIREMENT
Issue of Service Verification Certificate of your Qualifying Service, five years before retirement by Head of Office.
ONE YEAR BEFORE RETIREMENT
1. Head of Office should write to Directorate of Estate for issue of No Demand Certificate in respect of period of preceding eight months before the date of your retirement, in case you occupy or occupied Govt. Accommodation
2. In case of employees who have never occupied government accommodation, No Demand Certificate should be issued by the Administrative Authority concerned.
3. List of persons retiring in next one year is sent to the PAO by Head of Office.
NOT LATER THAN EIGHT MONTHS BEFORE RETIREMENT
Head of Office will issue you a certificate regarding length of Qualifying Service proposed to be admitted for purpose of pension and gratuity and as to emoluments and average emoluments for purpose of reckoning of retirement gratuity and pension for your acceptance. Head of Office will issue you Form 5 for completion.
NOT LATER THAN SIX MONTHS BEFORE RETIREMENT
You may submit objection with reason and relevant documents for non acceptance of qualifying service/emoluments communicated to you by Head of Office.
You may submit Form 5 duly completed in all respects to the Head of the Office. You may also exercise your option for commutation of pension in Form 5.
NOT LATER THAN FOUR MONTHS BEFORE RETIREMENT
Head of Office shall ensure completion of Part-I of Form 7 and he shall forward the pension papers to the PAO.
NOT LATER THAN THREE MONTHS BEFORE RETIREMENT
You may apply for commutation of pension in Form I-A to the Head of Office (if not applied for in Form 5) for onward transmission to the PAO. You may please ensure that your DDO has stopped making GPF recoveries in your case.
TWO MONTHS BEFORE RETIREMENT
Head of Office shall communicate to the PAO, Govt dues recoverable from DCRG in your case.
ONE MONTH BEFORE RETIREMENT
After checking of your Pension case received from your Head of Office, Pay & Accounts Officer shall issue PPO & authority for Gratuity.
IGNOU offers free courses to central govt employees
The central government employees keen to pursue higher studies will now be able to do so from Indira Gandhi National Open University (IGNOU) and that too, free of cost. IGNOU has devised a special course for them called -- Distance and E-Learning Programmes for Government Employees (DELPGE). The programme is open only to Central employees, working in ministries, departments and attached offices.
Coordinator of IGNOU study centre in Jamshedpur, Vijay Kumar ‘Piyush’ said these courses would help enhance central government employees’ performance skill. IGNOU will offer 140 courses, including - Certificate Courses, Advance Certificate, PG Certificate, Masters, Post-Graduation Diploma, Advance Diploma, Diploma and Select/specialized module.
The number of seats in each programme would, however, be limited to 50 and offered on a first-come-first-served basis, he said, adding the course would begin from January 2016.
The employees enrolled under this programme would have to pay the fees to IGNOU, which would later get reimbursed on his/her successful completion of the course. However, those failing to complete the course in the given time limit and with the minimum qualifying grades would not be eligible for any reimbursement.
Reimbursement for the Masters programme would be available to an employee only once. Each government employee would be allowed to enroll for only one programme at a time.
Seventh Pay Commission will be mindful of fiscal concerns: Finance ministry
New Delhi: Finance ministry on Monday said the Seventh Pay Commission will be mindful of the fiscal concerns of the government while giving its report on new pay scales and remunerations for central government employees and pensioners.
The Commission, headed by Justice A K Mathur, has been given time up to December 2015 to submit its report on revising emoluments of nearly 48 lakh central government employees and 55 lakh pensioners.
“We have communicated our concerns with regard to sustainability of public expenditure to Pay Commission. I am sure the members and chairman of the commission are aware of and will be sensitive to our concerns,” finance secretary Ratan Watal told reporters in New Delhi.
The Commission has time till December to submit its report, he said, adding thereafter it would be scrutinised by a secretariat to be set up in the finance ministry. Watal said although the recommendations would be implemented from 1 January, 2016, the burden on the exchequer would not be much in the current financial year.
However, he added, it would have implications in next fiscal. The Commission, headed by Justice A K Mathur, was appointed by the previous UPA government in February 2014 for 18 months. Its terms was extended in August 2015 by four months till 31 December, 2015.
The government constitutes the Pay Commission almost every 10 years to revise the pay scale of its employees
Tuesday, October 6, 2015
100% CBS Division - Vellore Division, Chennai City Region, Tamilnadu Circle
No. PMG (CCR)/Misc./2015
05 Oct. 2015
100% CBS DIVISION
Vellore Division in Chennai City Region with 152 Post Offices became the first Division in the country to roll out CBS and McCamish in all the Post Offices. The last Post Office of the Division Ariyur SO 632055 migrated on 28th September when BSNL laid a dedicated cable to connect the Post Office through SIFY network.
Congratulations to all the Staff.
Chennai City Region
EXTEND SOLIDARITY AND SUPPORT TO THE AGITATIONAL PROGRAMMES OF JOINT COUNCIL OF ACTION OF INCOME TAX EMPLOYEES
1. All National Secretariat Members of Confederation
2. All Affiliated Organisation of Confederation
3. All State/District C-O-Cs
Joint Council of Action of Income Tax Employees Federation (ITEF) and Income Tax Gazetted Officers Association (ITGOA) representing 97% of the entire work force of Income Tax Department has decided to organize series of agitational programme culminating in one day strike action on 8th October 2015. The Joint Circular issued by ITEF and ITGOA is enclosed herewith. All C-O-Cs and affiliated Organisations of Confederation are requested to extend full support and solidarity to agitational programme mentioned therein, especially the One day strike on 8th October 2015. Resolutions may be sent to Finance Minister and Chairman CBDT, New Delhi. Please keep in touch with the ITEF comrades of each centre.
Payment of Bonus to workers — removal of eligibility and calculation ceilings –NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055
Affiliated to :
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055
Affiliated to :
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)
Shri Narendra Modi,
Hon’ble Prime Minister of India,
Hon’ble Prime Minister of India,
Sub:Payment of Bonus to workers — removal of eligibility and calculation ceilings-reg.
Vide Press Information Bureau dated 1st September 2015, the Government of India (Ministry of Labour & Employment) has announced that the Government has been seriously considering amendment in the wage eligibility for payment of Bonus to the employees from Rs.10,000 to Rs.21,000 and equally for revising the calculation ceiling from Rs.3500 to Rs.7000 or the minimum wage notified by the appropriate Government for that category of employees, whichever is higher. Although more than a month passed from the date of announcement, the Government is yet to give decision for upward revision of wage eligibility and calculation ceiling limits.
2. In this connection, NFIR desires to bring to your kind notice that in the Railways, productivity Linked Bonus Scheme was introduced in the year 1979 by an agreement with the Railwaymen’s Federations. Pursuant to the said agreement, payment of productivity Linked Bonus (PLB) is made every year (prior to Dussehra festival) by notional calculation of salary at Rs. 3500/- per month. NFIR has been pressing the Government since long to remove calculation ceiling for ensuring payment of P.L. Bonus on actual salary of employees.
3.The employees throughout the Country are anxiously awaiting for Government’s decision as already promised for revision of wage eligibility and calculation ceiling limits on Bonus.
NFIR, therefore, requests the Hon’ble Prime Minister of India to kindly intervene and see that the commitment made on September 1, 2015 for revision of wage eligibility and calculation ceiling limits for payment of Bonus is implemented before commencement of Puja Holidays.
(Dr. M. Raghavaiah)
S B Order No. 12 / 2015 : Mandatory use/opening of Savings Account in CBS Post Offices for maintaining/development of relationship of customers with POSB-Regarding
From: Director (CBS)
Sent: 05 October 2015 17:50
To: CPMG Andhra Pradesh Circle; CPMG Assam Circle; CPMG Bihar Circle; CPMG Chattisgarh Circle; CPMG Delhi Circle; CPMG Gujrat Circle; CPMG Himachal Pradesh Circle; CPMG Haryana Circle; CPMG Jharkhand Circle; CPMG Jammu & Kashmir Circle; CPMG Karnataka Circle; CPMG Kerala Circle; CPMG Maharashtra Circle; CPMG Madhya Pradesh Circle; CPMG North East Circle; CPMG Orissa Circle; CPMG Punjab Circle; CPMG Rajasthan Circle; CPMG Tamilnadu Circle; CPMG Uttar Pradesh Circle; CPMG Uttarakhand Circle; CPMG West Bengal Circle; Sakthivelu VM; Giriraj Ponnambalam; FSI (CBS) Team, CEPT; DDG (Financial Services); Kawaljit Singh
Cc: CBS CPC, AP Circle; CBS CPC, Assam Circle; CBS CPC, Bihar Circle; firstname.lastname@example.org; CBS CPC, Delhi Circle; CBS CPC, Gujrat Circle; CBS CPC, Haryana Circle; CBS CPC, HP Circle; CBS CPC, J&K Circle; CBS CPC, Jharkhand Circle; CBS CPC, Karnataka Circle; email@example.com; CBS CPC, Kerala Circle; CBS CPC, MP Circle; CBS CPC, Maharashtra Circle; CBS CPC, North East Circle; CBS CPC, Orissa Circle; CBS CPC, Punjab Circle; CBS CPC, Rajasthan Circle; CBS CPC, Tamilnadu Circle; firstname.lastname@example.org; CBS CPC, UP Circle; CBS CPC, Uttarakhand Circle; CBS CPC, WB Circle
Subject: SB Order No. 12/2015
Please find attached the SB Order No. 12/2015 regarding mandatory use/opening of Saving Accounts in CBS Post Offices for maintaining/development of relationship of customers with Post Office Saving Bank (POSB). From 15.10.2015, Opening of Savings Account by all the existing and new customers of POSB who do not have Savings Account in any CBS Post Office has been made mandatory.
It is requested that all CBS Post Offices users particularly Counter PAs may be instructed to show the attached benefits/facilities which a Savings Account in a CBS Post Office provides and ask them to use/open Post Office Savings Account for the following activities:-
1. Credit of all maturity/premature/death claim values where amount is Rs.20,000/- or above.
2. Credit of Monthly/Quarterly/Yearly Interest in r/o MIS/SCSS/TD.
3. Any investment through another Bank Cheque.
4. Any subsequent deposit in RD/PPF/SSA through cheque
5. Updation of KYC in CIF.
6. Getting Free SMS Alerts for many Financial Transactions/Non Financial modifications.
7. Get Free ATM cum Debit Card.
It is requested to start drive for getting KYC and Mobile Numbers of all Savings Account Holders (old or new) updated in the Finacle Data Base so that customers can get SMS Alerts.
Please also start drive of de-duplication of customers and merge multiple CIFs created during migration so that customer may have view of all his/her accounts under one CIF through Internet Banking.
All these may also be included in the Training Material of End Users being provided in WCTCs.