Wednesday, September 27, 2023
Deployment of RICT devices and roll out of DARPAN app in Branch Post Offices under IT 2.0-reg
Tuesday, September 26, 2023
Regarding mandatorv capturing of mobile number of sender and addressee at the time of booking of accountable mail
Nomination facility under CGHS for claiming medical reimbursement in the event of death of the principal CGHS cardholder - reg.
NPS Tier II through Default scheme for Government Sector Subscribers – Additional investment option: PFRDA Circular dated 22.09.2023
Compilation of summaries of important judgements of Supreme Court of India and High Courts across India on Disability Rights
Compilation of summaries of important judgements of Supreme Court of India and High Courts across India on Disability Rights
Government of India
Ministry of Social Justice and Empowerment
Department of Empowerment of Persons with Disabilities (Divyangjan)
PATHWAYS
TO
ACCESS
COURTS ON
DISABILITY RIGHTS
Compilation of summaries of important judgements of
Supreme Court of India and High Courts across India
Framework and Approach- Supreme Court
This booklet captures and encapsulates the existing position of law on rights of persons with disabilities in India. This is done through collation of summaries of notable judgements delivered by the Supreme Court of India with respect to the primary legislation on the subject, the Rights of Persons with Disabilities Act, 2016. The extant legislation being fairly recent, progressive judgements of its predecessor, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 have also been included. Care has been taken to ensure that the booklet contains only those rights and duties enunciated by the Court which continue to hold and are considered to be good law, in application in the country. The judgements included herein are in the public domain and can be accessed on the website of the Supreme Court of India by inputting case details like names of respective parties, as provided within the booklet. It has been prepared in plain English with due care to ensure that the essence of the Court’s observations has not been compromised. It has been prepared as such to serve as a primer for the public at large, particularly persons with disabilities in understanding the law, the rights and duties pertaining to them for their respective personal or professional requirements
Framework and Approach- Supreme Court
This booklet captures and encapsulates the existing position of law on rights of persons with disabilities in India. This is done through collation of summaries of notable judgements delivered by the Supreme Court of India with respect to the primary legislation on the subject, the Rights of Persons with Disabilities Act, 2016. The extant legislation being fairly recent, progressive judgements of its predecessor, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 have also been included. Care has been taken to ensure that the booklet contains only those rights and duties enunciated by the Court which continue to hold and are considered to be good law, in application in the country. The judgements included herein are in the public domain and can be accessed on the website of the Supreme Court of India by inputting case details like names of respective parties, as provided within the booklet. It has been prepared in plain English with due care to ensure that the essence of the Court’s observations has not been compromised. It has been prepared as such to serve as a primer for the public at large, particularly persons with disabilities in understanding the law, the rights and duties pertaining to them for their respective personal or professional requirements.
Monday, September 25, 2023
REVISION OF TIME LIMIT FOR SUBMISSION OF FINAL CLAIMS FOR REIMBURSEMENT OF MEDICAL EXPENSES UNDER CS (MA) RULES 1944
Family Pension to a male child who was disabled after marriage but before retirement of the employee: Interpretation/ clarifications/ advice given by Department of Pension & PW to MHA
Compilation of rule based interpretation/clarifications/advice given by Department of Pension & PW to Ministries/Departments during 01.01.2023 to 31.01.2023
V. Subject: Family Pension (i)
V. Subject: Family Pension (ii)
Relevant Rules/Order:
Rule 50(9) of CCS (Pension)Rules, 2021
Case Description:
Referring Department: Department of Space Reference No. – ID No. 12018/3/2010-1 dated 31.10. 2022.
Shri A retired on 31.12.2013 and later died on 19.04.2021. His wife predeceased on 08.06.2018.
His son, Shri B, married on 17.04.2003 and got disabled on 18.05.2010 i.e. before death of his father on 19.04.2021. Daughter-in- law of Shri A has requested for grant of family pension in favour of her husband Shri B and submitted the required certificates to support her claim for sanction of family pension.
Department of Space has sought DoP&PW’s opinion/ advice on Grant of Family Pension to a male child who was disabled after marriage but before retirement of the employee.
Gist of Advice of DoPPW
File No. 1/1(75)/2021-P&PW(E) dated 06.01.2023
As per Sub Rule 9(h) of Rule 50 of CcS(Pension) Rules,2021, where a deceased Government servant or pensioner is not survived by a son or daughter below the age of twenty- five years and eligible for family pension or where such son or daughter has died or has ceased to be eligible for family pension, the family pension shall be payable for life to a son or daughter who is suffering from any disorder or disability of mind including the mentally retarded or is physically disabled or suffering from any other disability referred to in the Rights of Persons with Disabilities Act, 2016 (49 of 2016) so as to render him or her unable to earn a living even after attaining the age of twenty-five years, subject to, among others, the following conditions;
(i) The disability existed before the death of the Government servant or pensioner and his or her spouse;
(ii) Before allowing the family pension for life to any such son or daughter, the appointing authority shall satisfy that the disability is of such a nature so as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from the authority prescribed in the rule.
As per Sub Rule 9 (i) of Rule 50 of CCS (Pension) Rules, 2021, marriage by a child who is suffering from a disability shall not render him or her ineligible for family pension. The disability should exist before the death of the Government servant or pensioner and his or her spouse. The date of marriage of child, whether before or after occurrence of disability, is not relevant under the rules.
Department of Space has been advised to take an administrative decision regarding grant of family pension to Shri B based on the above rule position and facts/documents provided by the claimant and available records, to satisfy itself about the genuineness of the claimant and documents submitted by him and to ensure that the child fulfills other requirements/conditions for grant of family pension mentioned in the Rule 50(9) of CCS (Pension ) Rules, 202
Date of Next Increment (DNI) under Rule 10 of Central Civil Services (Revised Pay) Rules 2016 - DoE Clarification dtd 04/07/2023
Family Pension – Division of pensionary benefits like gratuity, GPF, CGEGIS, leave encashment, besides arrears of salary and dependent pension, between the widow and parents: Interpretation/ clarifications/ advice given by Department of Pension & PW to MHA
Family Pension – Division of pensionary benefits like gratuity, GPF, CGEGIS, leave encashment, besides arrears of salary and dependent pension, between the widow and parents: Interpretation/ clarifications/ advice given by Department of Pension & PW to MHA
V. Subject: Family Pension (i)
Relevant Rules/Order:
Sub Rule (8) of Rule 50 of CCS (Pension) Rules, 2021 and
Rules 50, 51 and 52 of CCS (Pension) Rules, 1972 (Corresponding Rules 45, 46, 47 and 49 of CCS (Pension) Rules, 2021)
Case Description:
Referring Ministry : Ministry of Home Affairs
Reference No. ID No. 16013/05/2021-Ad-IV dated 14.12. 2022.
Shri A died on 14.7.2020 during service leaving behind his wife, sons and parents. On a petition filed by parents of Shri A, in its order dated 21.06.2022 of the Hon’ble Court of the Senior Civil Judge, City Civil Court at Hyderabad issued Succession Certificate allowing 30% of death benefits to mother and remaining 70% to wife and children.
MHA sought DoP&PW’s opinion/ advice on implementation of the order of the court in regard to grant of death benefits such gratuity, GPF, CGEGIS, leave encashment, besides arrears of salary and dependent pension.
Gist of Advice of DoPPW
File No. 1/1(73)/2021-P&PW (E)- dated 03.01.2023 Regarding family pension
As per Sub Rule (8) of Rule 50 of CCS (Pension) Rules, 2021, if the deceased Government servant or the pensioner is survived by a widow or widower, family pension shall be payable to such widow or widower, up to the date of death or re-marriage, whichever is earlier and the eligibility of widow or widower for family pension shall not be affected by the amount of her or his income from other sources. There is no provision in the Rules for division of family pension between the widow and parents of the deceased Government servant in such cases. the Order of Hon’ble Civil Judge is not’ in consonance with the provisions of Rule 50 of CCS (Pension) Rules, 2021.
Regarding Death Gratuity
As per Rule 51, gratuity payable under Rule 50 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by means of a nomination under Rule 53.
If there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid to members of the family in the manner indicated therein.
Rule 52 of the CCS (Pension) rules,1972 stipulated that where a government servant dies while in service or after retirement without receiving the amount of gratuity and leaves behind no family and has made no nomination or the nomination made by him does not subsists amount of death gratuity/ retirement gratuity shall be payable to the person in whose favour a succession certificate in respect of the gratuity in question has been granted by a court of law.
In this case, a nomination was stated to be available for grant of death gratuity. The directions of the Hon’ble Court are, therefore, against the provisions of CCS (Pension) Rules, 1972.
MHA has been advised to solicit views of DoLA on the question of following succession certificate granted by Hon’ble Court when a nomination under rules was available and then take appropriate administrative decision in the matter accordingly.
Promotion of Government servants thro LDCE against whom disciplinary Proceeding / Criminal Prosecution are pending employees -reg
Some more issues raised by the Staff Side in the Standing Committee Meeting of NC-JCM on 20.09.2023
Date of Next Increment (DNI) under Rule 10 of Central Civil Services (Revised Pay) Rules 2016 - DoE Clarification dtd 04/07/2023
Revision of time limit for submission of final claims for reimbursement of medical expenses under CS(MA) Rules 1944
Standard Operating Procedure (SOP) for the conduct of Limited Departmental Competitive Examinations (LDCE) / Competitive Examination - Amendment regarding
Saturday, September 23, 2023
Deduction of TDS on payment of PLI/RPLI policies, as applicable, under section 194DA of IT Act’ 1961 – Clarification / guidelines regarding
TBOP / BCR Promotion, Financial upgradation to Sri. G.S Mishra - CAT Cuttack Bench Order - OA No 260/00739 of 2022
Clarification / Guidlines regarding deduction of TDS on payment of PLI / RPLI policies - dtd 22.09.2023
CGEGIS - Tables of Benefits for the savings fund for the period from 01.07.2023 to 30.09.2023.
Revision of consultation/visiting &/injection fee of Authorized MedicalAttendants (AMAs) under CS (MA) Rules, 1944 - regarding.
Thursday, September 21, 2023
Letter to all HOCs - Use of Letter Head of AIPEU GrC and Logo of NFPE despite the withdrawal of their recognition
*Highlights from the NCJCM Standing Committee Meeting held on 20.9.2023*
Outcome of the NCJCM Standing Committee Meeting held on 20.9.2023
AIDEF has issued circular regarding Outcome of the NCJCM Standing Committee Meeting held on 20.9.2023
Outcome of the issues discussed in the Standing Committee Meeting of the National Council – JCM held on 20/09/2023 under the Chairpersonship of Secretary (P) DoPT
As already informed to you the meeting of the Standing Committee of National Council – JCM was held on 20/09/2023 under the Chairpersonship of Secretary (P) DoPT.
At the outset after the introductory remarks made by the Chairperson and before taking up the agenda points Staff Side raised the following important issues:-
1) More than 20 lakh Central Government Employees are in NPS. A huge rally on the 10th of August 2023 was held at Ramleela Maidan New Delhi in which more than 3 lakhs of Central & State Government Employees participated demanding for Scrapping of the No Guarantee NPS and to restore the Defined and Guaranteed Old Pension Scheme. The Staff Side once again reiterates its demand that the NPS should be scrapped and the Old Pension Scheme should be restored at the earliest.
2) The office of the Staff Side is receiving innumerable representations on issues which can be sorted out at the Departmental Level itself. Since the Departmental Councils are not functioning and meetings are not taking place, all the issues are referred to our office and we are forced to bring all those issues to your notice. It is therefore essential that the Departmental Council – JCMs should meet regularly in accordance with the JCM scheme and regular meetings at the Departmental Level should be held with the Staff Side so that the National Council – JCM can concentrate on the common issues of Central Government employees.
This is a serious matter and hence DoPT may take up the matter with all the Secretaries of the various Ministries and Departments to ensure that the JCM functions effectively in accordance with the spirit of the JCM Scheme.
3) The Meeting of the National Council – JCM is also overdue. The last meeting of the National Council – JCM was held through video conference during 21/06/2021. We request the Cabinet Secretary through you that he may convene the meeting of the National Council JCM at the earliest.
4) Despite High Court orders upheld by Supreme Court for grant of 3 MACP in GP Rs 4600 to the Master craftsman of MOD who were given 2 ACP in the Grade pay of Rs.4200, the DoPT have advised the MOD to withdraw the same. All the concerned employees have retired long back and as per DoPT instructions there cannot be any recovery and as per CCS Pension Rules, Pension once fixed cannot be revised downwards other than on penalties moreover the DoPT Instructions to Defence Ministry amounts to contempt of Court.
Therefore, DoPT may Direct MOD not to take any precipitative action in this regard. A copy of letter written by the AIDEF in this regard is being handed over to Secretary DoPT. The same may please be considered favorably.
5) Another matter of serious concerned is the non-implementation of the DoPT OM dated 02/03/2016 on the subject of recoveries of wrongful / excess payments by the employers impermissible in Law. According to this instruction any excess payment made to the employees due to the mistake of the administration and not because of any false claim by the employees the concerned department should process the case for waiver of recovery and get the approval of Department of Expenditure. However, in many field units / offices instead of following these guidelines recoveries of huge amount from the employees and retiring employees are being effected.
Therefore, DoPT may issue strict instructions to all the departments to follow the DoPT OM date 02/03/2016 and not to recover any amount from the employees and retiring employees in accordance with the DoPT OM.
6) Department of Pension & Pensioners Welfare have issue orders on 03/03/2023 for conversion of NPS employees to Old Pension Scheme if they were recruited on or after 01/01/2004 on the basis of the notification / Advertisement issued before 22/12/2003. Due to a confusion with regard to Notification and Advertisement the benefit of Old Pension Scheme is not being extended to the concerned employees. This needs to be clarified by the Department of Pension or DOPT.
It is proposed that the Notification letter issued by the concerned Ministry / Department / Field Units for recruitment of certain number of vacancies in different categories should be taken as the date of Notification since in many cases the advertisement by the DAVP in the employment News etc are delayed by months together. Moreover there are many issues which needs to be clarified since the field units are not implementing the Department of Pension order dated 03/03/2023. A separate meeting with the Staff Side may please be convened in this regard.
*7) The Staff Side is repeatedly representing for releasing the 18 months frozen DA / DR arrears to the Central Government employees & Pensioners. However till date a favorable decision is not taken by the Government. It is therefore requested that Government may reconsider the decision & released DA/DR Arrears due for 18 months as a Diwali gift.*
8) Posts lying vacant in all the Central Government Departments should be filled up to stop outsourcing and contract etc.
Outcome of the NCJCM Standing Committee Meeting held on 20.9.2023
Thereafter the following Agenda Points were taken up for discussion.
Decision take on each of the agenda points is given below:-
1. Extension of CGHS facilities to the Civilian Employees of left out Industrial Establishment under Western Command of Navy Mumbai.
Decision
After discussion representative / senior officer from NHQ stated that the NHQ fully agree with the demand of the Staff Side and stated they have already recommended the case to Ministry of Health& Family Welfare. Additional Secretary Assured that Health Ministry will consider the demand of the Staff Side and the recommendations of NHQ will issue necessary instructions in consultation with Department of Expenditure if required.
2. Empanelment of Private Day Care Therapy Centers for Ayurveda, Yoga & Naturopathy under CGHS in all the CGHS governed cities / towns.
Decision
Ministry of Health have already taken a decision to empanel private Health Care Organization of Ayurveda, Yoga and Naturopathy etc under CGHS if they apply for the same. Moreover Private day care therapy centers under Ayush is established at Delhi on a trial basis. After 6 months Ministry of Health will review the position and there after decision will be taken for extending the benefits for other cities / towns
3.To retain the status of more than 70,000 Defence Civilian Employees who are on deemed deputation with the newly created 7 Ordnance Factory Corporations as Central Government Employees / Defence Civilian Employees till their Superannuation.
Decision
The Staff Side informed about the harassment being faced by the employees of Ordnance Factories Post Corporatization. In violation of the Cabinet decision and the commitment given by the Government before the Hon’ble High Court, the 7 Corporations are tinkering with the service conditions of the employees like changing the working hours, implementing incentive scheme by replacing piece work system, not implementing he settlement reached between AIDEF and DDP in the presence of CLC on the formation of IR Machineries in the Corporations, Non Grant of Compassionate Appointments, and the DDPs apathy towards the employees, not holding of the meetings with the Federation etc.
Moreover now the Government have decided to merge Corporations and reduce to 4 Corporations. This has further created fear and apprehensions in the minds of the employees. We have decided to issue contempt of Court Notice to the Government and the Corporations for violation of the assurance given in the High Court. We demanded that the Government instead of extending the deemed deputation should issue a notification for retaining the status of employees as Central Government Employees / Defence Civilian employees till their retirement.
Responding to the views expressed by the Staff Side JS (LS) from DDP informed that the corporations are making the HR Policies and option will be asked from the employees whether they would like to join the Corporations or they would like to remain as Government Employees.
Secretary DoPT directed JS (LS) DDP that the concerns expressed by the staff Side are serious and the same should be communicated to the Defence Secretary and meetings should be held with the Staff Side to settle the issues represented by them.
4. Provision to book two rooms through e-Sampada Portal in CPWD Guest Houses / Holiday Homes
Decision
The demand will be examined by Ministry of Housing and Urban Affairs.
5. Restoration of historic Pay-Parity between Income Tax Inspector and analogous posts in Department of Revenue and Inspector of CBI/ ACIO Gr.-I of IB:
Decision
After discussion Secretary (P) desired that Department of Revenue should hold separate meeting with the Staff Side and explore the possibility of resolving the issue.
6. Revision of Deposit linked Insurance Scheme under the GPF for Central Government Employees
Decision
We objected and protested against the decision taken by the Department of Expenditure to reject the demand. After discussion it was decided that the Department of Expenditure would reconsider its decision and the proposal of DOP&PW to increase the Deposit Linked Insurance from GPF to Rs. 5 Lakh
7. Revision of calculation Ceiling Limit of PLB and Ad hoc Bonus for the Central Government Employees
Decision
Bonus ceiling will be
revised only if the Bonus Act is amended by the Labour Ministry. After
discussion it was decided that a reference will be
made to the Labour Ministry in this regard.
*8. Restoration of the festival advance to the Central Government Employees.*
Decision
After discussion Special Secretary, Department of Expenditure stated the Government may consider granting Rs 20,000/- as festival advance to be recovered in 10 installments. The staff Side demanded the amount may be increased to Rs. 50,000/-. The Department of Expenditure will take a final decision in this regard.
9. Stepping up of pay of seniors promoted prior to 31.12.2015 getting lesser basic pay than the juniors promoted after 01.01.2016.
Decision
The Staff Side stated that since the Department of Expenditure have approved stepping up of pay on the above circumstances to the Armed Forces personnel there is no justification on the part of the Government to deny the same benefits to the Civilian Central Government employees. After discussion Special Secretary Department of Expenditure agreed to consider the demand.
10. Extending the benefit of option to Central Government Employees to switch over to the 7th CPC Pay Scale from a date! beneficial to the employees and also for extending revised option for the employees who were given entry pay benefit on promotion in the 6th CPC Pay Scale to switch over to 6th CPC Pay Scale w.e.f. 01.01.2006.
Decision
After discussion Special Secretary Department of Expenditure th th agreed to consider the option period for switching over to 7 CPC up to 25 July 2017 from the date of promotion / MACP etc. As regards issuing a general Government order for extending option to the entry pay th beneficiaries on promotion to switch over to 6 CPC w.e.f. 01/01/2006 would be considered in consultation with the Government Department.
*11. Subversion of JCM norms with misuse of CCS(RSA) Rules, 1993.*
Decision
12. Necessary clarification to ensure that the service Associations which are governed by the CCS (RSA) Rule 1993, are kept out of the purview of Rule 15 (1) (c).
Decision
The Staff Side insisted the DoPT should issue clarification that the DoPT instructions that no Government employee should hold elected office for more than 2 terms / 5 years is not applicable to service associations recognized under RSA Rules 1993 and to the cooperative societies which are register under the Government of India Cooperative Societies Act or under the respective State Government Cooperative Society Act. We also stated that employees are being illegally issued Show Cause Notices for initiating disciplinary action in the Navy on the above pretext.
Therefore the matter may be treated urgently and necessary clarification should be issued to avoid punitive actions against the office bearers of the Associations and elected Directors of the Cooperative Societies. Secretary DoPT assured that the entire matter would be reconsidered and necessary instructions would be issued.
*13. Extension of LTC-80 one time relaxation in the case of employees who availed LTC to Andaman & Nicobar Island (A&N) by purchasing air tickets from other than authorized agents.*
Decision
After discussion
Secretary DoPT agreed to reconsider the demand of the Staff Side and assured a
decision would be taken at the earliest.
While concluding the
meeting the Staff Side requested Special Secretary Expenditure to issue
Government orders for grant of Notional Increment to the the employees retiring
/ retired on 30 of June and 31 of December. *Special Secretary informed that
the matter is under serious consideration and a decision would be taken soon.*
As regards the Action Taken Reports on the Agenda Points of the previous meetings and the Arbitration Awards a separate meeting would be held with the Staff Side after 10 of October 2023.
Source : AIDEF Circular
Calling for application from volunteers for filling up of one post of Instructor (PA/IP/SA Cadre) on deputation at PTC, Guwahati Assam
Wednesday, September 20, 2023
Clarification on operation of Sukanya Samriddhi Account (SSA) in the cases of gender transformation of girl child - dtd 18/09/2023
DPMS Direct Link accessible through Mobile Network / Broadband for Postal User - India Post
DPMS Direct Link accessible through Mobile Network /
Broadband for Postal User - India Post
Delivery Postman
Management System
👉 Accountable Mail Individual
🔗Bag Receive
🔗Bag Open
🔗Issue to Postman
🔗Postman Return
🔗Redirection
🔗Return
🔗Article in Deposit
🔗Bag Dispatch
🔗Print Mail List
👉 BO DELIVERY
🔗Issue Article to BO
🔗BO Article Return
🔗Issue EMO to BO
🔗EMO Returned from BO
🔗BO Bag Receive for RICT
🔗BO Bag Open for RICT
🔗Issue Article to BO RICT
👉 EMO MAIL INDIVIDUAL
🔗View/Update Money Order
🔗Invoice to Postman
🔗Return from Postman
🔗Redirection
🔗Return
👉 SUPERVISOR APPROVAL
🔗Delayed Confirmation Approval
🔗BO Supervisor Approval EMO
🔗Supervisor Approval - Redirected and
Returned eMOs
🔗EMO Insured Article Verification
🔗Supervisor Approval
🔗BO Insured Bag Verification Approval
👉 TREASURY
🔗Cash Payment To Postman
🔗Cash Return From Postman
🔗Treasury Submit Accounts
Postman
👉 Track and Trace
🔗Find Article
🔗Bag Tracking
🔗Article Tracking
👉For
More informations