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7th CPC Allowances including HRA : Cabinet May Decide Tomorrow

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7th CPC Allowances including HRA : Cabinet May Decide Tomorrow 

7th Pay Commission: Narendra Modi-led cabinet may decide on revised allowances for govt employees tomorrow

Central government employees, on several occasions, have expressed their disappointment over the long delay in rolling in out revised allowances.

The Narendra Modi-led cabinet is likely to meet tomorrow and is expected to take a decision on revised allowances under the Seventh Pay Commission.

According to reports, Finance Minister Arun Jaitley is likely to table the proposal for the revised allowance structure at the Cabinet meet–the move will benefit nearly 50 lakh Central government employees.

The Union cabinet could not take the subject of allowances in its last meeting on June 7.

Central government employees, on several occasions, have expressed their disappointment over the long delay in rolling in out revised allowances.

HERE IS ALL YOU NEED TO KNOW ABOUT THE SEVENTH PAY COMMISSION REPORT ON ALLOWANCES:

Click to read more at: http://indiatoday.intoday.in/

No issue DR orders for pensioners who retired from Central Autonomous bodies – DoPPW

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No issue DR orders for pensioners who retired from Central Autonomous bodies – DoPPW

“Department of Pension & Pensioner’s Welfare had not issued any orders for revision of pension of pensioners/retirees of autonomous bodies in the past also”

REVISION OF PENSION IN RESPECT OF PENSIONERS OF CENTRAL GOVERNMENT AUTONOMOUS BODIES

Department of Pension & Pensioners Welfare, Government of India, has clarified as follows —–

“DOP&PW has issued orders for revision of pension under the 7th CPC for Central Civilian employees/pensioners. The decision in regard to revision of pension in respect of employees/pensioners of Autonomous bodies is required to be taken by the Administrative Ministries/Departments. The Department of Pension & Pensioner’s Welfare had not issued any orders for revision of pension of pensioners/retirees of autonomous bodies in the past also.

Similarly this Department does no issue Dearness Relief (DR) orders for pensioners who retired from Central Autonomous bodies.”

(A similar Clarification was given by Finance Ministry also, earlier, which is published in the Confederation Website www.confederationhq.blogspot.com on 04.05.2017).

M. Krishnan
Secretary General
Confederation
Mob&WhatsApp: 09447068125
E-mail: mkrishnan6854@gmail.com

Source: http://confederationhq.blogspot.in/

Pension Revision Who are absorbed in Central Public Sector Undertakings – Confederation

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Pension Revision Who are absorbed in Central Public Sector Undertakings – Confederation

EXTENDING THE BENEFIT OF PENSION REVISION TO THE EMPLOYEES AND OFFICERS WHO ARE ABSORBED IN THE CENTRAL PUBLIC SECTOR UNDERTAKINGS – LATEST POSITION

Department of Pension and Pensioner’s Welfare has issued OM No. 38/37/2016 – P&PW (A) (ii) dated 04.08.2016 regarding implementations of the Seventh Central Pay Commission – Revision of Pension of Pre-2016 pensioners and Family Pensioners etc. In para 7 (a) of aforesaid OM, it was mentioned that –

“Where the Government servants on permanent absorption in public sector undertakings/Autonomous bodies continue to draw pension separately from the government, the pension of such absorbes will be updated in terms of these orders. In cases where the Government servants have drawn one time lump-sum terminal benefits equal to 100% of their pensions and have become entitled to the restoration of one-third commuted portion of pension as per the instructions issued by this Department from time to time, their cases will not be covered by these orders. Orders for regulating pension of such pensioners will be issued separately.”

In the orders dated 10.09.2016 of Hon’ble Supreme Court in Civil Appeal No. 6048/2010 Shri K. Ganesan Vs Union of India, it was mentioned that —-

“Having heard learned Counsel for the appellants, and having persued the record of the case, we find no justification whatsoever to interfere with the impugned order, directing restoration of 2/3rd in respect of the respondent herein, after expiry of the requisite period of commutations. The instant appeal is accordingly dismissed.”
In the same order dated 01.09.2016 of Hon’ble Supreme Court in Civil Appeal No. 6371 of 2010 Shri K. L. Dhall & Anr Vs Union of India, it is stated that —-

“Heard Learned casual for the rival parties. In view of the dismissal of Civil Appeal No. 6048 of 2010 by us today (Union of India and another Vs K. Ganeshan (dead) By Lrd), this appeal has to be accepted. Accordingly, the instant appeal is allowed. The impugned order of the High Court is set aside. It is directed that the appellants shall be entitled for restoration of their 2/3rd Portion after the expiry of the requisite period of commutation.”

After consultation with Department of Expenditure and Department of Legal affairs, two Review Petitions have been filed by the Government in the Hon’ble Supreme Court vide Review Petitions No. 465/2017 and Review Petition 472/2017 against the order dated 01.03.2016 of Hon’ble Supreme Court in Civil Appeal No. 6048/2010 (Shri K. Ganesan Vs Union of India) and Civil Appeal No. 6371 of 2010 (Shri. K. L. Dhall & Anr Vs. Union of India). The Review petition came up for hearing in the Hon’ble Supreme Court on 22.03.2017. The Hon’ble Supreme Court has dismissed both the Review Petition vide order 22nd March 2017.

Government has now informed that since, the above orders dated 01.09.2010 of Hon’ble Supreme Court has a bearing on the question of revision of one-third restored pension of the absorbed pensioners, no orders for the revision of one-third pension in such cases could be issued so far. The matter would be examined in the light of dismissal of the Review Petitions mentioned above.

(M. Krishnan)
Secretary General
Confederation
Mob&WhatsApp – 09447068125
Email: mkrishnan6854@gmail.com

Source: http://confederationhq.blogspot.in/

SCRAP NPS – STOP OUTSOURCING

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SCRAP NPS – STOP OUTSOURCING

NATIONAL CONVENTION OF CENTRAL AND STATE GOVERNMENT EMPLOYEES – 10.06.2016 – DELHI

Decided to intensify joint struggle against NPS and outsourcing by organizing nationwide intensive campaign and mobilization leading to a bigger trade Union action including strike demanding “withdraw contributory Pension System and stop outsourcing of Government functions”.

About 1000 delegates, mostly NPS employees, participated in the National Convention held at MPCU shah Auditorium, Delhi on 10.06.2017. The National Convention was presided over by Com. K. K. N. Kutty, National President, Confederation of Central Government Employees & Workers and Com. Subhash Lamba Senior leader of All India State Government Employees Federation.

Com. Tapan Sen, MP, Rajya Sabha and General Secretary, CITU, who inaugurated the National Convention called upon the Central and State Government employees to launch sustained struggle for compelling the Government to withdraw NPS and stop outsourcing of Government functions. He explained in detail the impact of the neo-liberal policy offensives unleashed by the BJP-led NDA Government on the common people and working class of our country and also divisive politics of the ruling class to weaken the unity of the working class.

Com. A Sreekumar, General Secretary, AISGEF, presented the draft declaration for adoption in the convention.

Com. M. Krishnan, Secretary General, Confederation of Central Government Employees & Workers addressed the house supporting the declaration. Com. M. S. Raja, Com. R. N. Parashar (Confederation) Com. Ashok Thool, Com. Ved Prakash Sharma, Com. Gade Srinivasalu Naidu (AISGEF) also addressed the Convention. The house adopted the declaration and the proposed programme of action unanimously. Com. Mangul Kumar Das (AISGEF) Welcomed the leaders and delegates and Com. Vrigu Bhattacharjee (Confederation) proposed vote of thanks.

Extracts from the declaration adopted by the National Convention on 10.06.2017

“Defined Contributory Pension Scheme does not guarantee returns. Benefits depends upon as to how the investment has fared in the stock market. The stock markets have never remained strong over a long period of time. It is not only volatile but susceptible to manipulation and machinations. The global financial crisis in 2008 has been the product of investment derivative manipulations. It wiped out the earnings of lakhs of workers, employees, teachers and many others. No Government came to render help to those unfortunate losers, whereas bail-out packages of millions of dollars was roled out to rescue culprits. On one “fine” morning, the workers lost everything including hope.”

“Large number of employees have joined the Central Services since 2004 and so is the case with the various state Governments, who have adopted the Defined Contributory Pension Scheme in replacement of Defined Benefit Pension Scheme. It is estimated that they presently constitute almost one-third of the total employees in Government departments in the country. The deeper study of the functioning of the Contributory Pension Scheme has proved that the promised better returns in the form of Annuity is nothing but an ever eluding mirage.”

“It is satisfying to note that the employees due to the consistent efforts undertaken by the Confederation and State Government Employees Federation have begun to observe the dimension of the problem and the support and solidarity provided by the democratically elected Government to the corporate houses. It is also equally gratifying that the young comrades have also begun to realize that this has to be resisted and defeated.”

“The Government employees has to emphatically demand that the Defined Contributory Pension Scheme imposed in replacement of the Defined Benefit Pension Scheme must be scrapped to end the untenable discrimination of the Pre-2004 and post 2004 entrants to Government service and reintroduce the Defined Benefit Pension Scheme that was in vogue for a century and more. In other words the Government must come forward to amend PFRD Act to exclude the Central and State Government employees from its ambit and operation.”

“This National Convention being held under the auspices of the Joint platform of Confederation of Central Government Employees Workers and All India State Government Employees Federation calls upon all the Central and State Government employees to rally behind the charter of issues and demands included in the declaration adopted by the Convention, hold sustained and continuous programme of action and organize strike action to compel the Government to repeal the Defined Contributory Pension Scheme and halt all sorts of contractorisation, casualization and outsourcing of Government functions.”

“This convention also appeals, especially to the younger generation employees to realize that their hard earned savings are being channelized into the hands of the monopoly capital to subserve their efforts in maximization of profit. This convention also appeals to them to understand the politics behind the policies and the pernicious impact of the neo-liberal economic policies on the life and livelihood of the multitude of their countrymen and be part and parcel of the global and national resistance being built against the globalization policies for the intensification of which pension reform process and informalisation of employment was ushered in by the World bank and IMF.”

PROGRAMME OF ACTION

1. State level Joint Conventions before 31.08.2017 and formation of state level Joint Action Committees.
2. District/ Taluk level conventions before 31.10.2017.
3. Mass Dharna of Central and State Government Employees at all important centres on 21st November 2017 (21.11.2017, Tuesday).
4. Raj Bhawan March (date will be finalized later).
5. Nationwide campaign Jathas covering all districts of all states (dates will be finalized later).
6. Massive Parliament March (date will be finalized later)

Next Phase of action will be declared by the Joint Acton Committee before the Parliament March.

National Level Joint Action Committee
The following are the members of the National Level Joint Action Committee.

CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES & WORKERS
1. Com. K. K. N. Kutty 2. Com. M. Krishnan, 3. Com. M. S. Raja
4. Com. R. N. Parashar 5. Com. Rupak Sarkar 6. Com. Vrigu Bhattacharjee
7. Com. R. Seeethalakshmi

ALL INDIA STATE GOVERNMENT EMPLOYEES FEDERATION
1. Com. A. Sreekumar 2. Com. Subhash Lamba 3. Com. Mangul Kumas Das
4. Com. Himanshu Sarkar 5. Com. Vedprakash Sharma 6. Com. Ashok Thool
7. Com. Ashim Kumar Pal

TAKE A LEAD ROLE IN IMPLEMENTING THE PROGRAMMES

To,
1. All Affiliates of Confederation
2. All C-O-Cs
3. All National Secretariat Members

Dear Comrades,

You are requested to give wide publicity to the decision of the National Convention among employees and take a lead role in implementing the programme of action adopted by the Convention (as given above) in consultation and jointly with the All India state Government Employees Federation.

Fraternally yours,

(M. Krishnan)
Secretary General
Confederation
Mob & WhatsAPP – 09447068125
Email: mrksihnan6854@gmail.com

Source: http://confederationhq.blogspot.in/

HUMAN CHAIN OF CENTRAL GOVERNMENT EMPLOYEES AND PENSIONERS

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HUMAN CHAIN OF CENTRAL GOVERNMENT EMPLOYEES AND PENSIONERS

AT ALL IMPORTANT CENTRES THROUGHOUT THE COUNTRY

MASSIVE PROTEST AGAINST THE BETRAYAL OF THE BJP-LED NDA GOVERNMENT

High Level Committee, assured by the Group of Minsters, not yet constituted. First anniversary of the Hon’ble Cabinet Minister’s assurance will be on 30.06.2017. No increase in Minimum Pay and fitment formula.

7th CPC took 18 + 2 months only for submitting report after examining the entire service conditions, pay scales, allowances, Pensionary benefits of about one crore Employees and Pensioners including military personnel. Allowance Committee took almost 12 months for examining only 52 allowances!! BJP Government is deliberately delaying the revised allowances to deny arrears.

Option-I parity for pensioners recommended by 7th CPC and accepted (??) by cabinet, mercilessly rejected by appointing a feasibility Committee.

NPS Committee is for further strengthening NPS and not for withdrawal of NPS or for guaranteeing minimum pension as 50% of last pay drawn.

MACP promotion denied to thousand of employees by imposing stringent conditions on bench mark.

Gramin Dak Sevak Committee Report submitted to Government on 24.11.2016 (Seven months over) still under process.

Exploitation of casual and contract workers continues. Equal pay for equal work denid.

Autonomous body employees and pensioners cheated by Government by denying their legitimate wage revision and pension revision.

No negotiated settlement on the charter of demands submitted to Government by JCM (staff side) and Confederation.

ORGANISE HUMAN CHAIN TO DEMONSTRATE OUR STRONGEST PROTEST, ANGER AND DISCONTENTMENT

M. Krishnan
Secretary General
Confederation
Mob & Whatsapp – 09447068125
Email: mkrishnan6854@gmail.com

Source: http://confederationhq.blogspot.in/

Aadhar PAN Linkage: Highlights of the Hon’ble Supreme Court of India’s Judgement

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Aadhar PAN Linkage: Highlights of the Hon’ble Supreme Court of India’s Judgement

Press Information Bureau
Government of India
Ministry of Finance

10-June-2017 18:42 IST

Following are the major highlights of the Hon’ble Supreme Court of India’s Judgement on Aadhar PAN Linkage

1. The Hon’ble Supreme Court of India in its Landmark Judgement has upheld Section139AA of the Income Tax Act,1961 as constitutionally valid which required quoting of the Aadhaar number in applying for PAN as well as for filing of income tax returns.

2. The Hon’ble Court also held that the “Parliament was fully competent to enact Section 139AA of the Act and its authority to make this law was not diluted by the orders of this Court.” Therefore, no violation of the earlier Supreme Court orders were found in enacting the provision.

3. The Hon’ble Court has also held that Section 139AA of the Act is not discriminatory nor it offends equality clause enshrined in Article 14 of the Constitution.

4. Section 139AA is also not violative of Article 19(1)(g) of the Constitution in so far as it mandates giving of Aadhaar number for applying PAN and in the income tax returns and linking PAN with Aadhaar number.

5. Section 139AA(1) of the Income Tax Act,1961 as introduced by the Finance Act, 2017 provides for mandatory quoting of Aadhaar/Enrolment ID of Aadhaar application form, for filing of return of income and for making an application for allotment of PAN with effect from 1st July, 2017.

6. Section 139AA(2) of the Income Tax Act,1961 provides that every person who has been allotted PAN as on the 1st day of July, 2017, and who is eligible to obtain Aadhaar, shall intimate his Aadhaar on or before a date to be notified by the Central Government. The proviso to section 139AA (2) provides that in case of non-intimation of Aadhaar, the PAN allotted to the person shall be deemed to be invalid from a date to be notified by the Central Government.

7. The Hon’ble Supreme Court has upheld Section 139AA(1) which mandatorily requires quoting of Aadhaar for new PAN applications as well as for filing of returns.

8. The Hon’ble Supreme Court has also upheld Section 139AA(2) which requires that the Aadhaar number must be intimated to the prescribed authority for the purpose of linking with PAN.

9. It is only the proviso to Section 139AA(2) where the Supreme Court has granted a partial stay for the time being pending resolution of the other cases before the larger bench of the Supreme Court. The Hon’ble Supreme Court has unequivocally stated as follows:

“125. Having said so, it becomes clear from the aforesaid discussion that those who are not PAN holders, while applying for PAN, they are required to give Aadhaar number. This is the stipulation of sub-section (1) of Section 139AA, which we have already upheld. At the same time, as far as existing PAN holders are concerned, since the impugned provisions are yet to be considered on the touchstone of Article 21 of the Constitution, including on the debate around Right to Privacy and human dignity, etc. as limbs of Article 21, we are of the opinion that till the aforesaid aspect of Article 21 is decided by the Constitution Bench a partial stay of the aforesaid proviso is necessary. Those who have already enrolled themselves under Aadhaar scheme would comply with the requirement of sub-section (2) of Section 139AA of the Act. Those who still want to enrol are free to do so. However, those assessees who are not Aadhaar card holders and do not comply with the provision of Section 139(2), their PAN cards be not treated as invalid for the time being. It is only to facilitate other transactions which are mentioned in Rule 114B of the Rules. We are adopting this course of action for more than one reason. We are saying so because of very severe consequences that entail in not adhering to the requirement of sub-section (2) of Section 139AA of the Act. A person who is holder of PAN and if his PAN is invalidated, he is bound to suffer immensely in his day to day dealings, which situation should be avoided till the Constitution Bench authoritatively determines the argument of Article 21 of the Constitution. Since we are adopting this course of action, in the interregnum, it would be permissible for the Parliament to consider as to whether there is a need to tone down the effect of the said proviso by limiting the consequences.”

10. Finally the effect of the judgement is as following

(i) From July 1, 2017 onwards, every person eligible to obtain Aadhaar must quote their Aadhaar number or their Aadhaar Enrolment ID number for filing of Income Tax Returns as well as for applications for PAN;

(ii) Everyone who has been allotted permanent account number as on the 1st day of July, 2017, and who has Aadhaar number or is eligible to obtain Aadhaar number, shall intimate his Aadhaar number to income tax authorities for the purpose of linking PAN with Aadhaar;

(iii) However, for non-compliance of the above point No.(ii), only a partial relief by the Court has been given to those who do not have Aadhaar and who do not wish to obtain Aadhaar for the time being, that their PAN will not be cancelled so that other consequences under the Income Tax Act for failing to quote PAN may not arise.

11th BPS Update : Wage Revision - Second Round : Exchange of Charter of Demands

11th BPS Update : Wage Revision - Second Round : Exchange of Charter of Demands

ALL INDIA BANK OFFICERS’ ASSOCIATION

Circular No.7/VII/2017
June 5, 2017
Camp: Mumbai
TO
ALL UNITS / STATE COMMITTEES

Comrades,

WAGE REVISION – SECOND ROUND

EXCHANGE OF CHARTER OF DEMANDS.

As you aware that the owners are anxious to settle the wage revision which is due from 1.11.2017, and to achieve this goal there were communications to the Bank managements time and again. Prior to Nationwide strike exclusively by Bankmen on 28th Feb, 2017, officers’ organisations had submitted the broad summary on 20/02/2017 to IBA. Following the submission, at Chennai, on 19th April, 2017, a meeting was held, in which, Com.Alok Khare, Com. M.A.Srinivasan, Com. V.Ramabhadran , Com.G.Gunasekaran and the undersigned participated in the exercise. It was the past practice to submit the Charter of demands of officers and workmen together, but, on 2nd May, 2017, it was not possible.

In the meanwhile, to fine tune the COD, once again, a meeting was held on 1/06/2017 at INBOC office at MUMBAI, in which Com. Alok Khare, Com. V.Viswanathan and the undersigned participated.

IBA has invited the negotiating unions for a discussion today at IBA office to take the wage talks further. Chairman of the IBA Negotiating Team, Shri.R.K.Thakkar, (UCO) Smt. Usha Ananthasubramanian, (Allahabad Bank), Shri.Prashant Kumar (SBI), Shri.V.G.Kannan, CEO IBA, Shri.Rajkumar Dy.CEO, Shri.K.S.Chauhan Vice President HR & IR, besides the members of HR Dept of IBA. CEO, IBA initiated the proceedings of the meeting and handed over the forum to Chairman, Negotiating Team, for taking the discussion further.

After the exchange of the CODs by Officers and Workmen organisations with IBA and the IBA handing their list of demands, Chairman Negotiating team expressed that the time line mentioned in the earlier meeting should be kept in mind, present health of Industry and also the negotiations for officers shall be restricted upto Scale III. He further placed the periodicity of meeting will be every month. While supplementing the views of IBA, Smt. Usha Ananthasubramanian, emphasised that there should be a forward movement at the conclusion of the every meeting.

Reacting to the observations made, representatives have expressed that the expectations of the workforce should be fully addressed, de-stressing of the workforce should be carried out, health of the industry is not on account of the wage cost, negotiations cannot be restricted upto Scale III, residual issues of last wage revision exercise to be resolved viz., Regulated working hours, Discipline and Appeal Regulations, Accountability Policy, 5 days a week, issues of retirees- record note, officer representatives in the Banks’ boards, comparison of wages with Pay commission, unilateral introduction of service condition by a bank, Number of representatives to be allowed to participate in the negotiation, protection from cyber-crime, and problems encountered by the employees in the Insurance backed hospitalisation scheme etc. The meeting lasted for nearly an hour. The representative of the Officers’ organisations have handed over a letter addressed to Chairman IBA pertaining to the restriction stipulated by IBA.

MANAGEMENT ISSUES:
[1] C2C concept to be brought in; 
[2] Rationalisation of Special Pay carrying posts. 
[3] Review of the two graduation increments; 
[4] Transfer and deployment of workmen staff; 
[5] Simultaneous conduct of departmental and judicial proceedings for workmen; 
[6] Conducting the departmental proceedings after retirement of workmen; 
[7] Premature retirement of workmen; 
[8] Outsourcing of any activity within the RBI guidelines; 
[9] Review of the automatic movement of officers from Scale I to II and also Scale II to III ; 
[10] To mark lien on NPS fund of employees to recover loss to the Bank on account of their proved misconduct.

UFBU meet-Post discussion with IBA: Subsequently, the representatives of nine unions met and discussed the issues confronting the Industry as well as the collective approach on the wage revision. The meeting lasted for nearly 90 minutes with the decision to meet on a mutually convenient day for a detailed discussion to chalk out the future course of action to “Save the Banking Industry” and also “halt the attacks on jobs and job Security”.

Awaiting for the forward movement for a collective, consensus and also achievable plan of action.

Yours Comradely,
/S.NAGARAJAN/
GENERAL SECRETARY

Source: http://www.aiboa.org/
11th BPS - Bank Wage Revision
11th Bipartite Common Charter of Demands
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Bank Employees Wage Revision Talks with 
IBA 27.10.2017
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was held on 6.9.2017
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UFBU Negotiating Committee Meeting with 
IBA Core Group
26.7.2017
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11th BPS Update : Wage Revision - Second Round
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