Saturday, 10 October 2015

On Lokpal and Lokayuktas and other related Law(amendment)

The Department related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, has invited the  CCGGOO to appear before the committee to present the views of CCGGOO on the various provisions of the Lokpal and Lokayuktas and other related law (amendment) bills and specifically on Section 44 of the Principal Act and Clause 6 of the bill during this meeting scheduled to be held at 3.15 p.m on 14th October 2015 at Delhi. Hence the views of the members of our Federation are solicited on the above subject. 

Secretary General


  1. Sir,
    Every year we are submitting immovable property returns to the Controlling Authority. Also taking permission for purchase of movable properties.If we are submitting Lokpal return, it will be published in the public domain. This will affect threat to our private life. Definitely extremists/ terrorists will misuse this. So, in my view lokpal return is unnecessary. Kindly include this view also while discussing with DOPT authorities.

    R. Ratheesh, Survey of India.

  2. Fresh Agenda Items – 27th SCOVA meeting on 13th Oct, 2015

    F.No. 42/07/2015-P&PW(G)
    Government of India
    Ministry of Personnel Public Grievances & Pensions
    Department of Pension & Pensioners’ Welfare
    3rd Floor, Lok Nayak Bhavan,
    Khan Market, New Delhi – 110003
    Date : 09 Oct, 2015
    All the Pensioners Associations included in SCOVA
    Vide Resolution dated 25.08.2015

    Subject :- Fresh Agenda Items – 27th SCOVA meeting.

    Please find enclosed herewith a copy of Fresh Agenda Items to be taken up for discussion in 27th meeting of the Standing Committee of Voluntary Agencies (SCOVA) to be held on 13th Oct, 2015 under the Chairmanship of Hon’ble MOS (PP) in New Delhi for your kind perusal.

    (Sujasha Choudhury)
    Deputy Secretary to the Government of India
    Ministry of Personnel, Public Grievances & Pensions
    (Department of Pension & Pensioners Welfare)
    S. No Fresh Agenda Items-27th SCOVA Meeting
    (27.1) Modification to the format of Life Certificate – Issue of acknowledgement to Pensioners submitting Life Certificate
    As per Reserve Bank of India notification No. RBI/2014-15/587 dated 7th May, 2015, it is mandatory for the Pension Paying Banks to issue an acknowledgement to Pensioners when they submit Life Certificate every year in November for continuance of pension. After the recent relaxation of the procedure for submission of Life Certificate, Pensioners can submit Life Certificate in any branch of the Bank from which they draw their pension. Pension Paying Banks are required to update their master data with CPPC and the updated master data is required to be sent to CPAO in 1st week of December every year. Several instances of stoppage of payment of pension by CPPCs have been reported citing non receipt of Life Certificate, even though the Pensioners had submitted their Life Certificates to the Bank due to misplacement of the Life Certificates at the Bank branches concerned. Instances of some Pension Paying Banks not accepting Life Certificates given to them by Pensioners and directing Pensioners to submit the Life Certificate to CPPC have also been reported causing great inconvenience to Pensioners, which results in either stoppage of payment of pension or delay in payment of pension.

    The format of Life Certificate may be suitably modified to include a part in the format to provide for issue of acknowledgement, which can be detached and given to the Pensioner by the receiving Bank.
    (Action:- Department of Expenditure/CPAO)
    (27.2) Extension of the benefits of DoP&PW OM No. 38/37/08-P&PW(A) dated 28-1-2013 read with OM dated 30-7-2015 to pre-2006 Pensioners with less than 33 years.
    As per orders issued vide OM dated 01.09.2008, the revised pension of pre-2006 pensioners would not be less that 50% of the minimum of pay in the pay band+grade pay in the revised pay structure. In the Om dated 28.01.2013 it was provided that the minimum pay in the pay band for the purpose would be with reference to the fitment table applicable for pay fixation of the serving employee. The OM dated 28.01.2013 was effective from 24.09.2012. Im implementation of the Orders of Hon’ble CAT/High Court and following dismissal of the SLP/Review Petition filed by the Government, and OM dated 30.07.2015 has been issued for extending the benefit of OM dated 28.01.2013 w.e.f 01.01.2006 instead of 24.09.2012. These orders, however, provide that the minimum pension was would be reduced proportionately if the qualifying service of pre-2006 pensioners was less than 33 years. The pre-2006 pensioners should be allowed the benefit of minimum pension as per OM dated 28.01.2013/30.07.2015 without any pro-rata reduction based on qualifying service.
    (Action: DoPPW)
    (27.3) Opening/Extension/Repair of Dispensaries at following stations:-
    (A) Dehradun, Uttarakhand
    (B) Panchkula, Haryana
    (C) Mohali, Punjab
    (D) Chandigarh (Union Territory)
    (E) Ambarnath, Maharashtra)
    (Action: Ministry of Health and Family Welfare)

  3. Issues relating to CGHS Dispensary at Dehradun, Uttarakhand.
    (A) Regular appointment of group C and D employees of C.G.H.S Dehradun be made
    The staff in the dispensary are very short. They are appointed through outsource agency in 2004. Regular appointments of group C and D employees have not been made till today. The outsource recruited employees clerk are not aware with the nature of work of the office all work of the beneficiaries are being delayed. M.R.C Bill form 2-3 years and in some cases 5 years has not been paid. Proper records are not been maintained thereby they are facing great problems an hardship in their old age. Therefore, all group C and D employees be appointed with regular basis without any further delay.

    (B) Opening of Arurvedic/Homeopathic and Sidda dispensary at CGHS Dehradun.
    At Present there are no facility available at CGHS Dehradun for the beneficiaries to take the treatment in Arurvedic, Homeopathic and Sidda system of medicines. One combined dispensary in the above system be opened at Dehradun on similar lines as in Meerut, New Delhi and other cities so that the old age beneficiaries cold obtained the treatment in the above system.

    (C) Posting/Appointment of Regional Director at CGHS Dehradun in Uttarakhand.
    For the proper and smooth functioning of the dispensary it is essential that posting/ Appointment of Regional Director be made as in Chandigarh CGHS. In the absence of the Regional Director the beneficiaries are facing great problem in their dally needs in the dispensary as there MRC Bill and other administrative nature of work are pending from 2-3 years.
    (Action: Ministry of Health and Family Welfare)
    (27.5) Supreme Court judgment in CA No. 11527 of 2014 (Arising out of SLP No:- 11684 of 2012)
    As per the existing instructions issued by DoPT vide OM No. 18/26/2011-Estt (Pay-1) dated 06.02.2014, the recovery of over payment of pays & allowances and pension is permissible. Hon’ble Supreme Court in its recent judgment dated 18.12.2014 in CA No. 11527 of 2014 has laid down the following situation in which recoveries from employees would be impermissible in law:

    (i) Recovery form employees belonging to Class-III and Class-IV service (or Group ‘C’ and Group ‘D’ service)

    (ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.

    (iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.

    (iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.

    (v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer’s right to recover.

    Orders may be issued for implementation of the above guidelines prescribed by Hon’ble Supreme Court.
    (Action:- DoPT/DoPPW)

  4. Implementation of circular No. 38/37/08-P&PW(A) dated 30.07.2015
    In order to get the benefits from 24.09.2012 extended under OM dated 28.01.2013, the pensioner had submitted application for Revision of pension to the Pension Sanctioning Authority and a large number of such pensioners are still to get the fruits of revision of pension from 24.09.2012. If the pensioners are yet again required to submit application for re-revision to get the benefit from 01.01.2006 as per circular dt. 30.07.2015, it is bound to cause further hardship to them particularly in view of their advanced age. Moreover, there is an obligation to implement the Court Order within specified time. To obviate the situation, it is requested that : i) The pension sanctioning authorities may be advised to suo-moto rerevise the pension from 01.01.2006 instead of 24.09.2012 or as applicable in a time bound manner without requiring the pensioner to apply for it. ii) In respect of pending application and other cases of omission, the PSA instead of issuing Revision Order from 24.09.2012 should straightway issue sanction order w.e.f. 01.01.2006 in admissible cases within the given time.
    (Action: DoPPW)
    (27.7) Facility for Online Railway Booking
    Physically challenged passengers are entitled to rail fare concession up to 75%. However, this concession cannot be availed of through online booking, despite the fact that physically disabled need online facility much more than the able-bodied. Though the railways have made a beginning now, since the concessions offered by them vary for each type of disability, they need to modify their website accordingly. DP&PW may take up the issue with Ministry of Railways for an early action. In order to prevent misuse of the facility, Railways or MoD, in case of disabled defence pensioners, can issue permanent photo i-cards to entitled persons after satisfying itself of the genuineness of their disability and entitlement and the i-card no. can be quoted while booking and produced for checking during travel.
    (Action:- Ministry of Railways)

  5. Last date for Declaration of Assets and Liabilities by Public Servants is extended to 15th April 2016

    No. 407/12/2014-AVD-IV(B)
    Bharat Sarkar/Government of India
    Ministry of Personnel, Public Grievances and Pensions
    Department of Personnel and Training
    North Block, New Delhi
    Date: 11th October, 2015
    Subject: Declaration of Assets and Liabilities by Public Servants under Section 44 of Lokpal and Lokayuktas Act, 2013-extension of last date of filing of revised returns for the year 2014 and the returns for the year 2015 by Public servants.

    The undersigned is directed to refer to this Department’s D.O. letter of even number dated 30 April, 2015 regarding the furnishing of information relating to assets and liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 and forwarding therewith copies of the Central Govemment’s notifications dated 27th April, 2015 containing

    (a) amendment to the Lokpal & Lokayuktas (Removal of Difficulties) Order, 2014, for the purpose of extending the time limit for carrying out necessary changes in the relevant rules relating to different services from “eighteen months” to “twenty one months” from the date on which the Act came into force, i.e., 16th January, 2014; and

    (b)the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Amendment Rules, 2014, extending the time limit for filing of revised returns by all public servants from 30th April, 2015 to 15th October 2015.

    2. In this regard, the undersigned is directed to convey that the last date for filing of revised returns for the year 2014 (as on 01.08.2014) and the returns for the year 2015 (as on 31.03.2015) by Public servants under the rules indicated in para 1 (b) above has now been further extended from 15th October, 2015 to 15th April, 2016. Formal amendments to the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Rules, 2014 and to the Lokpal Lokayuktas (Removal of Difficulties) Order, 2014 are being notified separately. They will also be uploaded on the website of this Department, i.e.,

    3. All Ministries/Departments and cadre authorities are requested to kindly issue orders towards ensuring compliance with the revised Rules by all officers and staff in the respective Ministry/Department/ Organisations/PSUS under their control, within the revised time-limit mentioned therein.
    (Jishnu Barua)
    Joint Secretary to the Govt. of India
    Source: DoPT

  6. Brief Note on JCM National Council Standing Committee Meeting held on 9th October 2015 at New Delhi.
    The Standing Committee of the JCM National Council met on 9th October, 2015. As you are aware, earlier, the National JCA had decided to defer the strike action and organize a massive Dharna programme at Jantar Mantar on 19th November, 2015 to register its strongest protest over the Government’s engineered delay in the submission of the 7th CPC Report. Later, the Finance Ministry has issued a statement asking the 7th CPC to factor into its report the fiscal concern of the Government, which was an unwarranted interference in the independent functioning of the Commission and to pressurise the Commission not to recommend wage rise on the basis of a sound and scientific formulation.

    The Staff side on receipt of the invitation to have the meeting on 9thOctober, decided to respond and convey to the Government their strong resentment over the virtual dilution of the negotiating forum as also the above concerns. In the meeting the Staff side was informed that the Secretary Personnel would be meeting the Standing Committee soon and the meeting on 9thwas in fact only a prelude to understand each other’s points of views. It was in the background the meeting was held on 9th October, 2015.

    The leader and Secretary, Staff Side conveyed the unanimous decision of the National JCA as under to the Government.

    (a) The Standing Committee, as per procedure evolved, must be chaired by the Secretary Personnel.

    (b) The JCM Machinery’s functioning should not be diluted.

    (c) The promised meeting of the National Council has not taken place so far.

    (d) The minutes of the last two meetings of the National Anomaly Committee have not been formally issued.

    (e) ‘The Official side Secretary must convene a meeting of the Staff Side to iron out any difference in the draft minutes.’

    (f) Normally meetings are held after circulation of the ATS. This has not been done.

    (g) The Official Side must convey the anguish of the employees over the delay in the submission of the report by the 7th CPC which they rightly feel has been engineered by the Government. They also pointed out that they are constrained to believe that the Govt. was unnecessarily interfering in the functioning of the Pay Commission.

    We give hereunder a brief resume of the discussions held on the agenda items.

    After the initial remarks made by the Staff Side all issues in the charter of demands were discussed. There had been however, no final settlement on any issue as the meeting itself was not convened for that purpose. The Staff Side stated that even the promises held out in the last meeting that the Departmental Council meeting would be held soon was not honoured.

  7. On the question of Pay revision related issues, viz. Interim relief, DA merger, inclusion of GDS etc . elaborate discussions were held. It has come out clearly that on all these issues, the Finance Ministry has taken an nugatory Stand, even though the arguments put forth were extremely untenable. It was pointed out by the Staff Side that the Interim relief and DA merger was denied on the specious plea of submission of the report in the stipulated time. Having extended the time, the Govt. ought to have considered the grant of these two demands. There had been a very elaborate discussion on the question of inclusion of the GDS within the purview of the 7th CPC. The Postal Department’s representatives narrated the efforts made by them to the Government for conceding this demands. The Finance Ministry has stood firm and objected to the demand being agreed to. The Staff Side has, in the given situation of the 7th CPC having finalised its report, requested the Government to refer the matter to a Judicial Committee headed by the present Chairman, 7th CPC as he has now been fully apprised of the functioning of various ministries and Departments of the Government through the interaction with the Staff and official sides. No commitment was however made by the Government to the above suggestion.

    On the question of induction of FDI in Railways, Corporatisation of Postal Department and Defence organisations, the representative of the Railway Ministry stated that they are constantly discussing the issues with the Railway Federations and was exploring the possibility of reaching an agreement. In the case of corporatisation of the Postal Department, it was stated that the recommendations made by the Committee was discussed with the Federations and it has been agreed that except induction of certain professionals at the managerial level to fine tune the functioning of the Department in the changed scenario, the Federations have been assured that no structural changes would be made without consulting them. However, in the case of Defence, no discussions with the Federations have been held so far.

  8. PFRDA. The Staff Side pointed out the present scenario in the Government offices, where the number of employees and officers who are outside the ambit of the statutory pension scheme has grown and have reached in certain organisations to the extent of 25 to 30%. These employees are extremely concerned of the new scheme and their anguish have been expressed in many forms. The Unions would be compelled to take drastic action if the Government refuses to heed to their plea to effect a relook or revisit on the matter. The representatives of the Railways pointed out that the Honourable Minister for Railways was convinced of the situation and that was the reason why he had written to the Finance Ministry that in the given situation of the Railway functioning, the new scheme would not only jeopardise the interest of the Railwaymen but also of the Railway Industry itself.

    On the specific question raised by the Staff side in the last meeting in respect of resolving the issues of Medical Store Deport and the Printing and Stationery department, the Staff Side stated that only the meeting of the Medical Store Depot was held and the issues have been resolved to some extent. The Printing and Stationery Department has now sent a communication to the Staff Side fixing the meeting on 15th October ‘15. The general issues emanating from the policy of outsourcing and contractorisation was also discussed at length.

    JCM functioning had been the central point of discussions. The Staff Side has pointed out that unless the Government makes up its mind that the machinery should be put on operation, no industrial peace would come in the functioning of the various departments of the Govt. of India. The Staff side asked the Department of personnel to collect the information of the number of cases litigated in the courts by the Government employees in 1991 and 2015 and make a comparison to know the seriousness of the problem.

    On compassionate ground appointments question, it was stated by the Staff Side that despite advancing no cogent argument by the official side for retaining the 5% ceiling, the Department of personnel does not want to make a relook into the matter. The Staff Side pointed out that large number of applications were pending in various Departments, and the concerned department would not be able to clear them even after 20 years for want of the requisite vacancies. They also pointed out that the decision of the Government to impose the 5% ceiling was amounting to a cruelty imposed on the family members of the Government servants who dies in harness.

    The Labour Ministry representative was present at the meeting. The meeting did not discuss the merits and demerits of the labour reforms as the Trade Unions in the country has rightly concluded that it has been conceived to favour the corporate houses and to take away the existing privileges of the workers. The point at issue, however, at the meeting was as to why the Labour Ministry did not cause a consultation with the Industrial Federations in the Government of India, for whom the Industrial Disputes Act is applicable. The Labour Ministry has assured to convene a meeting of the representatives of such organisations soon.

    The Labour Ministry representative also stated that the government has agreed to raise the bonus ceiling but it would not be appropriate for him to make a mention of the quantum as the Cabinet is yet to give its clearance. The Government would be able to take a decision in the matter only after the Bihar elections are over.

    The Staff Side explained the background of the demand for five promotions. The reaction of the official side was that the matter must be appropriately discussed only after the 7th CPC report is made available.