11

No. 18016/3/2010-Estt. (I)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)

****

North Block, New Delhi.
Dated, the 28th December, 2010

CORRIGENDUM

Sub: Special concessions/facilities to Central Government Employees working in Kashmir Valley in attached / subordinate offices or PSUs falling under the control of Central Government.

The undersigned is directed to refer to this Department of even Number dated 15.3.2010 extending the Special concessions / facilities to Central Government Employees working in Kashmir Valley in attached / subordinate offices or PSUs falling under the control or Central Government, for the period with effect from 1.1.2010 to 3 1.12.2010 and to say that the Annexure attached with the OM stands partially modified to include the Notes. The Annexure as modified is attached herewith.

(Simmi R. Nakra)
Director (P&A)

Annexure to DoP&T’s O.M No. 18016/3/2010-Estt (L) dated 28th December 2010.

Details of package of Concession/Facilities to Central Government employees working in Kashmir Valley in Attached/Subordinate Offices or PSUs falling under the control of Central Government:-

I. Additional H.R.A. and other concessions:

(A) Employees posted to Kashmir Valley

(i) These employees have an option to move their families to a selected place of their choice in India at Government expense. T.A. for the families allowed as admissible in permanent transfer inclusive of transportation of personal effects, lump-sum payment for packing etc.

(ii) Departmental arrangements for stay, security and transportation to place of work for employees.

(iii) HRA as for Class ‘A’ city applicable for employees exercising option at (i). Such employees will be eligible for drawing the normal HRA as well at their place of posting provided Departmental arrangement is not made for his/her stay.

(iv) The period of temporary duty extended to six months. For period of temporary duty daily allowance at full rate is admissible, apart from departmental arrangements for stay, security and transportation.

(B) Employees posted to Kashmir Valley who do not wish to move their families to a selected place of residence;

A per diem allowance of Rs. 10/- is paid for each day of attendance to compensate for any additional expense in transportation to and from office etc. This will be in addition to the transport allowance, which the employee is otherwise eligible for under Ministry of Finance order No. 21(2)/2008-E.II(B) dated 29.8.1008.

II. MESSING FACILITIES:
Messing Allowance to be paid to the employees at a uniform rate of Rs. 15/- per day by all Departments, or in lieu messing arrangements to be made by the Departments themselves. This rate of allowance will have to be adhered to uniformly by all the Ministries/Departments with effect from 01.07.1999. The slightly higher rate of Rs. 25.50 adopted by the Department of Telecom and Posts and allowed to be continued as a special case by the Department of Personnel in consultation with the Ministry of Finance, would, however, continue to be paid at the said rate.

III. ADJUSTRMENT OF MIGRANT EMPLOYEES:

As a purely temporary measure, the employees migrated from the Kashmir Valley are accommodated to the extent possible in the available vacancies under the respective Ministries/Departments in offices located outside but adjacent to the union Territory of Delhi.

IV. PAYMENT OF LEAVE SALARY/AD HOC FINANCIAL ASSISTANCE:

Arrangements were made for payment of leave salary for the period upto 30′ April, 1990 in respect of employees who may not have received their emoluments after migration. Such employees were allowed to be given either leave salary at the minimum of the scale or some adhoc financial assistance as an advance to be adjusted from their dues after they join duty. Further the migrant employees who were unable to join their respective places of posting in the Valley due to the prevailing circumstances, were extended this facility till they were adjusted in accordance with (iii) above.

V. REGULARISATION OF THE PERIOD OF ABSENCE OF J&K MIGRANT EMPLOYEES:

In August, 1992, it was decided that the period of migration of a Central Government employee, who migrated from Kashmir Valley in view of the disturbed conditions would be treated as Earned leave to the extent which may have been due to him on the date of proceeding for migration. However, the position was reviewed by the Ministry of Personnel in April, 1997 and if was decided that the Earned Leave which was at the credit of the Central Government migrant employee at the time of migration will not be adjusted against the migration period, but will remain available for the purpose of leave encashment on the date of their retirement in respect of the employees who had already retired or would retire in future. The period of absence would however count in the service for the purpose of pension, but shall not count for earning any kind of leave. During the period of absence, a migrant employee is entitled to his pay (excluding special pay and local allowances) dearness allowance, which he would have been otherwise paid from time to time including benefit of increment had he reported for duty immediately after expiry of his Earned leave.

VI. PAYMENT OF MONTHLY PENSION TO PENSIONERS OF KASHMIR VALLEY

Pensioners of Kashmir Valley who are unable to draw their monthly pensions through either Public Sector Banks or PA0 treasuries from which they were receiving their pensions, would be given pensions outside the Valley where they have settled, in relaxation of relevant provisions.

NOTE:-

I. The package of concession/facilities shall be admissible in Kashmir Valley comprising of six districts, namely Ananhag, Baramulla, Budgam, Kupwara, Pulwama and Srinagar.

2. The package of concession/facilities shall be admissible to Temporary Status Casual labourers working in Kashmir Valley in terms of para 5(i) of the Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India. 1993.

3. The benefit of additional HRA admissible under the Kashmir Valley package shall be admissible to all Central Government employees posted to Kashmir Valley irrespective of whether they are natives of Kashmir Valley, if they choose to move their families anywhere in India subject to the conditions governing the grant of these allowances.

4. The facilities of Messing Allowance and Per Diem allowance shall also be allowed to natives of Kashmir Valley in terms of the Kashmir Valley package.

Original copy

Category: articles

Read More...

No. 12011/08/2010-Estt.(AL)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)

New Delhi, the 30 th December, 2010

Office Memorandum

Sub: Children Education Allowance Scheme – Clarification

Subsequent to issue of this Department OM No. 12011/32008-Estt (Allowance) dated 02/09/2008 and clarificatory OMs dated 11/11/2008, 23/11/2009 and OM No. 12011/16/2009-(.Allowance) dated dated 13/11/2009 on the Children Education Allowance (CEA) Scheme, this Department has been receiving references from various Departments, seeking further clarifications.

The doubts raised are clarified as under:-

(i). Whether CEA is admissible to a Government Servant who ceases to be in service due to retirement, discharge, dismissal or removal from service in the course of an academic year ?	CEA/hostel subsidy shall be admissible till the end of the academic year in which the Government servant ceased to be in service due to retirement, discharge, dismissal or removal from service in the course of an academic year. The payment shall be made by the office in which the Govt. servant worked prior to these events and will be regulated by the other conditions laid down under CEA scheme.
(ii). Whether Children of a Government servant who dies while in service are still eligible for reimbursement under the new CEA scheme?	If a Government servant dies while in service, the Children Education Allowance or hostel subsidy shall be admissible in respect of his/her children subject to observance of other conditions for its grant provided the wife/husband of the deceased is not employed in service of the Central Govt., State Government, Autonomous Body, PSU, Semi-Government Organization such as Municipality, Post Trust Authority or any other organization partly or fully funded by the Central Govt/State Governments. In such cases the CEA/Hostel Subsidy shall be payable to the children till such time the employee would have actually received the same, subject to the condition that other terms and conditions are fulfilled. The payment shall be made by the office in which the Govt. servant was working prior to his death and will be regulated by the other condition laid down under CEA Scheme
iii) Whether any upper age limit of the children has been prescribed for ciaming CEA? Whether CEA can be allowed in case of children studying through “Correspondence or Distance Learning”? If so the age limit prescribed for the same.	The upper age limit for disabled children has been set at the age of 22 years. In the case of other children the age limit will now be 20 years or till the time of passing 12th class which ever is earlier. Cases where reimbursement have been already made, in respect of children above this age may not be reopened. It has also been decided that CEA may henceforth be allowed in case of children studying through “Correspondence or Distance Learning” 5ubject to other condition prescribed
iv) What is the definition of the terms ‘two sets 0f uniform’ which occur in para1(e) of our O.M. dated 2.9.08. What is the definition of ‘one set of shoes’?	It is clarified that ‘one set of shoes’ would mean one pair of shoes and ‘two sets of uniform’ would mean two sets of uniform prescribed by the school in which the child is studying. A set of uniform will include all items of clothing prescribed for a day, as uniform by the school. Reimbursement may be allowed for two sets of such uniform irrespective of the colours /winter/ summer/ PT uniform
(v) What is the definition of ‘station’ for the purpose of hostel subsidy ?	It is clarified that for the purpose of hosted subsidy, station would be demarcated by the first three digits of the PIN Code of the area where the Government Servant is posed and/or residing’. ‘The first three digits of the PIN Code indicate a Revenue District
(vi) Whether fee paid 10 organizations/institutions other than the school or fee paid to private tutors for purposes mentioned in para 1(e) of the OM dated 2.9.2008 is reimbursable?	No. It is clarified that the term ‘fee’ contained in the para 1(e) of the OM dated 2.9.2008 would mean the fee charted by the school directly from the student.

(Simmi R. Nakra)
Director (P&A)

Original copy

Category: articles

Read More...

The Defence Minister Shri AK Antony today laid the foundation stone of the National Institute for Research and Development in Defence Shipbuilding (NIRDESH) at Chaliyam, near Kozhikode (Calicut). A part of the Department of Defence Production, NIRDESH will be funded by the Ministry of Defence and all the Defence Shipyards in the country. The Defence Minister will head the Board of Governors as the President, with representations from the Ministry of Defence, Indian Navy, Coast Guard and Chairmen of Defence Shipyards. Shri Gyanesh Kumar, Joint Secretary (Naval Systems) in the Ministry of Defence has been concurrently appointed as the Director General of NIRDESH.

Speaking on the occasion, Shri Antony said that the setting up of the Institute will take the country towards self-reliance in this crucial area of defence technology. Modern Naval platforms are complex and technology intensive and hence it is imperative that the country has the technological base and skill sets within, to design and develop them, he noted.

A distinguished gathering was present at the Foundation Stone Laying Ceremony, including Shri Elamaram Kareem, Minister for Industries, Kerala, Shri Raj Kumar Singh, Secretary (Defence Production), Vice Admiral KN Sushil, Flag Officer Commanding-in-Chief, Southern Naval Command, Vice Admiral AG Thapliyal, Commandant, Indian Naval Academy, Inspector General SPS Basra, Commander, Coast Guard Region (West) and the CMDs of Defence Shipyards.

Interestingly, the land which has been assigned by the government of Kerala for NIRDESH near Beypore has a glorious history of shipbuilding. The wooden ships called Uru, or dhow built by the local shipbuilders, was used for maritime trade by Arab merchants for centuries.

Source PIB

Category: articles

Read More...

Empanelment done but rates can’t be fixed as there is only one bidder in super-speciality hospital category

The tricity’s Central government employees and pensioners are not able to avail the full benefits of the Central Government Health Scheme (CGHS) for the sole reason that it has has only one super-speciality hospital. As there is a lone applicant in the super-speciality category, the authorities have not been able to fix rates which have to be compared through a tendering process.

The region has more than 10,000 CGHS beneficiaries, some of whom have either been visiting hospitals in the NCR or have put their surgeries on hold, waiting for the local institute to start the service. Sources said the that Mohali-based super-speciality had applied for the CGHS empanelment in November 2009 and was assured that the tender would be processed in a month. But things moved at a slow pace as there was no other institute that could offer tenders. A senior officer at the Mohali hospital said that the authorities were unable to reach a consensus on super-speciality charges and after much dilly-dallying, they proposed to offer Delhi rates. last December the hospital received a letter from the CGHS additional director, informing it about the empanelment. It was also invited to sign a memorandum of agreement but the hospital did not reply as there was no clarity on rates.

Hospitals are divided into three categories — national accreditation board hospitals (NABH), non-NABH and super-speciality hospitals. Although two city hospitals are offering the service, these are not super-specialities.

CGHS joint director Dr S C Anand said, “We have written to the Mohali institute to sign the MoA but it has not replied. We will offer them Delhi rates as and when these are fixed.” When told that Delhi rates were fixed four months ago, he said that these have to be notified by the Union Ministry of Health and Family Welfare for the Mohali hospital. Dr Anand, however, could not specify by when the problem would be resolved.

A senior official of the local super-speciality said though ironing out problems in the scheme was the job of the CGHS officers, he would shortly visit Delhi seeking an expeditious solution to the impasse. Dr Anand said that if the hospital officers wanted, he was ready to accompany them to pursue the matter with the higher authorities.

Meanwhile, it is the CGHS beneficiaries who are at the receiving end. K S Suri, whose 89-year-old mother is a beneficiary, said, “Facilities for all Central government employees or retirees should be the same. Why should a Central government employee living in Chandigarh not get the benefits his counterparts living in metropolis get? Is he or she a lesser employee than the one living in Delhi or Mumbai?”

He pointed out that for a programme that concerns people’s health, decisions should be taken promptly and not like the present case, where more than a year has elapsed and a final word was still awaited. Sources said that members of some retirees and senior citizens’ association were up in arms against the CGHS officers for not heeding to their woes.

Category: articles

Read More...

No. 13018/1/2010-Estt. (Leave)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)

New Delhi, the 30th December, 2010

Office Memorandum

Subject: Child Care Leave to Central Government employees – regarding

The undersigned is directed to say that subsequent to issue of this Department OM of even number dated 07/09/2010, this Department has been receiving references from various Departments, seeking clarifications. The doubts raised are clarified as under:-

1. Whether Earned Leave availed for any purpose can be converted into Child Care Leave? How should applications where the purpose of availing leave has been indicated as ‘Urgent Work’ but the applicant claims to have utilized the leave for taking care of the needs of the child, be treated?

Child Care Leave is sanctioned to women employees having minor children, for rearing or for looking after their needs like examination, sickness etc. Hence Earned Leabe availed specifically for this purpose only should be converted.

2.Whether all Earned Leave availed irrespective of number of days i.e. less than 15 days, and number of spells can be converted? In cases where the CCL spills over to the next year (for example 30 days CCL from 27th December), whether the Leave should be treated as one spell or two spells’?

No. As the instructions contained in the OM dated 7.9.2010 has been given retrospective effect, all the conditions specified in the OM would have to be fulfilled for conversion of the Earned Leave into Child Care Leave. In cases where the leave spills over to the next year, it may be treated as one spell against the year in which the leave commences.

3. Whether those who have availed Child Care Leave for more than 3 spells with less than 15 days can avail further Child Care Leave for the remaining period of the current year’?

No. As per the OM of even number dated 7.9.2010, Child Care Leave may not be granted in more than 3 spells. Hence CCL may not be allowed more than 3 times irrespective of the number of days or times Child Care Leave has been availed earlier. Past cases may not be reopened.

4.Whether LTC can be availed during Child Care Leave?

LTC cannot be availed during Child Care Leave as Child Care Leave is granted for the specific purpose of taking care of a minor child for rearing or for looking after any other needs of the child during examination, sickness etc.

(Simmi R. Nakra)
Director

Original copy

Category: articles

Read More...

Over 5.33 lakh government employees, including teachers in Kerala, would get revised pay scales from April next.

The Ninth Pay Revision Commission, headed by Justice R Rajendrababu which submitted its report to Chief Minister V S Achuthanandan today, recommended a minimum rise of Rs 1,104 and a maximum of Rs 4,490.

Minimum salary of government employees has been fixed at Rs 8,500 and maximum at Rs 59,840.

Gratuity amount has been increased from Rs 3.30 lakh to seven lakh in the pay revision report. For the first time, Leave Travel Concession has been introduced.

Achuthanandan told reporters that the report would be implemented from next April with effect from July 2009.

Finance Minister T M Thomas Issac said necessary funds for the pay revision would be earmarked in the next budget for the year 2011-1012.

Source : PTI

Category: articles

Read More...

Jammu and Kashmir government on Friday said that it has decided to pay 50 per cent of arrear of Sixth Pay Commission to the State employees in phased manner.

“Jammu and Kashmir government Government has decided to pay 50 per cent of the arrears out of its own resource in a phased manner, the remaining 50 per cent arrears would be met out of the Central assistance sought for this purpose,” Finance Minister Abdul Rahim Rather said here.

Jammu and Kashmir is among few States of the country which has implemented Sixth Pay Commission recommendation for its employees, he said.

The State government has also decided to regularise services for all contractual, adhoc employees and orders in this regard are expected within a month, Mr. Rather said and informed the State employees that 10 per cent dearness allowance would be given from due date shortly.

He also asked various employees unions to play their role in eradicating the menaces of corruption and red-tapism.

“I am of the view to encourage trade unionism as it keeps checks and balances on the working of government and helps to effect transparency in administration and judicious use of funds,” he added.

Source : PTI

Category: articles

Read More...

Age of superannuation can be reduced or increased unilaterally at the discretion of the Government and courts cannot interfere with such decisions, the Supreme Court has ruled.

A three judge bench of Justices - J M Panchal, Deepak Verma and B Chauhan in a judgement quashed the interim orders of the Allahabad High Court which had directed the Mayawati Government to restore 62 years as the age of superannuation for Government pleaders (advocates).

The apex court agreed with the Government's view that fixing the age falls within the exclusive competence of the State authorities,and thus,the court should not interfere in such policy decisions,unless it was patently unconstitutional.

Citing the Constitutional Bench judgements in the Bishun Narain Misra vs the State of Uttar Pradesh (1965) case, the apex court said reducing the age of retirement could neither be invalid nor could be held to be retrospective as the said rule was a method adopted to tide over the difficult situation which could arise in public services.

"It is evident that even in government services where the terms and conditions of service are governed by the statutory provisions, the Legislature is competent to enhance or reduce the age of superannuation".

"In view of the above, it is beyond our imaginations as why such a course is not permissible for the appellant - State while fixing the age of working of the District Government Advocates," the bench observed.

In the instant case the High Court had stayed the operation of amended provisions of the U.P. Legal Remembrancer Manual (L R Manual) which sought to reduce the retirement age from 62 to 60 years.

It had further directed the State Government to consider the applications for renewal of the all District Government Counsel whose term had already expired, resorting to the unamended provisions of the L.R. Manual and they be allowed to serve till they attain the age upto 62 years.

The High Court under no circumstance could direct the State authorities to consider the cases for renewal/extension under the provisions of the unamended L.R. i.e. non-existing provisions.

Such interim order tantamounts to legislation by judicial orders,"Justice Chauhan writing the judgement observed. The apex court also recalled its earlier ruling in the Roshan Lal Tandon v. Union of India & Ors(1967)that emoluments of Government servants and terms of service".

"could be altered by the employer unilaterally for the reason that conditions of service are governed by statutory rules which can be unilaterally altered by the Government without the consent of the employee."

Source : DDI News

Category: articles

Read More...

The Indian Army will start DNA profiling of its soldiers this year for their identification in case of mutilation of bodies during an operation, attack or mishap.

"We will begin DNA profiling of soldiers from this year as the profiling centre and data bank are almost ready," Lieutenant General Naresh Kumar, Commandant of Army Hospital Research and Referral, a news agency.

Being set up at the Department of Forensic Medicine in Armed Forces Medical College, Pune, the centre will collect the blood samples of the troops who are involved in hazardous tasks including fighting militancy and store them in a DNA data bank.

The DNA profiling centre is being established to help in identification of bodies mutilated beyond recognition.

"Now that this centre and DNA data bank are almost ready to take off, we will be able to easily recognise the mutilated dead bodies that we get during war time, from an episode of avalanches or from blast sites.”

"In such situations, we sometimes end up getting just a body part making it difficult for us to identify the jawan we lost and even to conclude the number of casualties that have occurred in such episodes," Major General Mandeep Singh, ADG, Medical Research, Armed Forces Medical Services, said.

"We are contemplating introducing the DNA profiling for our fresh recruits. But first we will try its efficacy with a sample population in Pune," Major General Singh said.

He said, "We lost many of our people in the Kashmir ammunition depot blast in 2007. Recognition of the bodies was a difficult task because the blast tore them apart. We got body pieces. If we had a data bank, recognising the dead would have been easier."

The need for DNA profiling was felt in the United States after the 9/11 attacks. With regard to the US military, all enlisted and commissioned military personnel must provide blood samples which are preserved on special blood spot cards that are then stored, as the modern 'dog tags', for use in the event of an individual being killed, injured or missing in action, according to a Harvard Medical College paper.

The blood spot cards provide a source of a reference DNA sample to be used in identification of "the unknown soldier", or as in the case of the 9/11 Pentagon attack, to return the remains of the victims to their families.

Source: DDI News

Category: articles

Read More...