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Friday, 2 December 2016

Attention of Circle / Division secretaries of FNPO affiliates.

Our federation receiving calls from Division /Circle in regard  to change of date in Circle & Division level in connection with the protest week, therefore it is clarified that the change of date can be made by mutual consultation between the  Division /Circle Secretaries of each circle/ Division .

Protest week programme should be completed 
Before 13/12/2016 at the Division level
Before 15/12/2016 at circle level.

No changes  in regard submission of our letter to Prime minister's office on 19/12/2016 after the demonstration at Dak Bhawan.  
Observance of the Protest week from 12th to 19th December 2016 by FNPO affiliates
Click Here to view details

NO PAY HIKE NOW.

The anomalies arising out of the implementation of the recommendations of the 7th CPC will be examined by the Anomalies Committee which has already been constituted. Based on the report of the Committee, the matter will be considered by the Government and appropriate decision will be taken.
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
RAJYA SABHA
UNSTARRED QUESTION NO-1526
ANSWERED ON-29.11.2016
Pay hike after implementation of Seventh Central Pay Commission
1526 . Dr. Sanjay Sinh
(a) the salient features of the Seventh Central Pay Commission;
(b) the percentage of increase in the salaries of employees after the implementation of the recommendations of Seventh Central Pay Commission;
(c) the percentage of increase in the salaries of employees after the fourth, fifth and sixth Central Pay Commission;
(d) whether the extent of pay hike this time is very less as compared to the previous pay hikes; and
(e) whether Government would reconsider it in view of the resentment among employees and pay anomalies?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF FINANCE
(SHRI ARJUN RAM MEGHWAL)
(a): The Seventh Central Pay Commission (7th CPC) has recommended the minimum pay of Rs. 18,000 per month and uniform fitment factor of 2.57 for all employees. The system of Pay Band and Grade Pay has been replaced with separate Pay Matrices for Civil, Defence and Military Nursing Services personnel. The Commission has recommended abolishing 52 allowances and subsuming of another 36 allowances either in an existing allowance or in newly proposed allowances. Allowances relating to Risk and Hardship will be governed by a Risk and Hardship Matrix. The Commission has also recommended revised pension formulation for all personnel who have retired before 01.01.2016 to bring about complete parity of past pensioners with current retirees.
(b) to (e): Salary of all employees will increase by at least 14.29 per cent after the implementation of Seventh Central Pay Commission (7th CPC) recommendations. The 7th CPC has mentioned that increases given in Minimum Pay were 27.6%, 31.0% and 54.0% by Fourth, Fifth and Sixth Central Pay Commissions, respectively. The anomalies arising out of implementation of the recommendations of the 7th CPC will be examined by the Anomalies Committee which has already been constituted. Based on the report of the Committee, the matter will be considered by the Government and appropriate decision will be taken.
Source: http://rajyasabha.nic.in/

Departmental Council (JCM) Meeting

Departmental Council (JCM) will be held on  20-12-2016   at 11.00 A.M. under the Chairmanship of Secretary (Posts).
Government of India
Ministry of Communications & IT
Department of Posts
(SR Section)
No. 06/03/2015-SR                                                 Dated   30th November, 2016.

Subject:  Notice for the next Departmental Council (JCM) meeting   in  the Department of Posts.
                   
The meeting of the Departmental Council (JCM) will be held on  20-12-2016   at 11.00 A.M. under the Chairmanship of Secretary (Posts) in G.P. Roy Committee Room, 2nd Floor,  Dak Bhavan,  New Delhi.

          Please make it convenient to attend the meeting.  The meeting will be followed by lunch.

                                                                                      -sd/- 
( K. Mathivanan)
Director (SR & Legal)
Staff Side:

1.         Shri  R.N. Parashar
2.         Shri  D. Theagarajan
3.         Shri  Giri Raj Singh
4.         Shri  D. Krishna Rao
5.         Shri  P. Suresh
6.         Shri T.N. Rahate
7.         Shri  J. Ramamurthy
8.         Ms. R. Seethalakshmi
9.         Shri  Subhash Chakravarthy
10.      Shri Pranab Bhatacharjee
11.      Shri T. Satyanarayana
12.      Shri N. Ramappa
13.      Shri P.K. Muralidharan
14.      Shri Dharam Pal Sharma
15.      Shri  Shivkant Mishra
 

Gold jewellery and ornaments - Married lady 500 grams and 250 grams per unmarried lady and 100 grams per male

ஒருவருக்கு காலை உணவு  = 4 இட்லி 1 வடை 
மதியம் ஒரு கப் சாம்பார் சாதம் + 1/2 கப் தயிர் சாதம் 
இரவு 3 சப்பாத்தி என சாப்பிடவும் கட்டுப்பாடு போட்டாலும் ஆச்சர்யமில்லை  இந்த அரசில் ...........
 
"A reference to instruction No.1916 is also invited which provides that during the search operations, no seizure of gold jewellery and ornaments to the extent of 500 grams per married lady, 250 grams per unmarried lady and 100 grams per male member of the family shall be made." 

Press Information Bureau 
Government of India
Ministry of Finance
01-December-2016 15:58 IST

Government clarifies that the apprehension sought to be created that the jewellery with the household which is acquired-out of disclosed sources or exempted income shall become taxable under the proposed Taxation Laws (Second Amendment) Bill, 2016, is totally unfounded and baseless. 

In the wake of Taxation Laws (Second Amendment) Bill, 2016 which has been passed by the Lok Sabha and is under consideration with Rajya Sabha, some rumours have been making rounds that all gold jewellery including ancestral jewellery shall be taxed @75% plus cess with a further penalty liability of 10% of tax payable.

It is hereby clarified that the above Bill has not introduced any new provision regarding chargeability of tax on jewellery. The Bill only seeks to enhance the applicable tax rate under section 115BBE of the Income-tax Act, 1961 (the Act) from existing 30% to 60% plus surcharge of 25% and cess thereon. This section only provides rate of tax to be charged in case of unexplained investment in assets. The chargeability of these assets as income is governed by the provisions of section 69, 69A & 69B which are part of the Act since 1960s. The Bill does not seek to amend the provisions of these sections. Tax rate under section 115BBE is proposed to be increased only for unexplained income as there were reports that the tax evaders are trying to include their undisclosed income in the return of income as business income or income from other sources. The provisions of section 115BBE apply mainly in those cases where assets or cash etc. are sought to be declared as ‘unexplained cash or asset’ or where it is hidden as unsubstantiated business income, and the Assessing Officer detects it as such.

It is clarified that the jewellery/gold purchased out of disclosed income or out of exempted income like agricultural income or out of reasonable household savings or legally inherited which has been acquired out of explained sources is neither chargeable to tax under the existing provisions nor under the proposed amended provisions. In this connection, a reference to instruction No.1916 is also invited which provides that during the search operations, no seizure of gold jewellery and ornaments to the extent of 500 grams per married lady, 250 grams per unmarried lady and 100 grams per male member of the family shall be made. Further, legitimate holding of jewellery upto any extent is fully protected.

In view of the above, the apprehension sought to be created that the jewellery with the household which is acquired out of disclosed sources or exempted income shall become taxable under the proposed amendment is totally unfounded and baseless.

Source: PIB News

Thursday, 1 December 2016

FNPO Lelter to DG

Non supply /non Publish of G.D.S committee report - Our Federation send another letter today.
Click the above link to view the letter.

IMPORTANT JUDGEMENT FROM HON'BLE CAT PRINCIPAL BENCH DELHI-REGARDING GDS


IMPORTANT JUDGEMENT FROM HON'BLE CAT PRINCIPAL BENCH DELHI-REGARDING GDS
To summarise, we dispose of the O.As. with the following directions to the respondents:
For all Gramin Dak Sevaks, who have been absorbed as regular Group ‘D’ staff, the period spent as Gramin Dak Sevak will be counted in toto for the purpose of pensionary benefits.
(b) Pension will be granted under the provisions of CCS (Pension) Rules, 1972 to all Gramin Dak Sevaks, who retire as Gramin Dak Sevak without absorption as regular Group ‘D’ staff, but the period to be counted for the purpse of pension will be 5/8th of the period spent as Gramin Dak Sevak. Rule 6 will accordingly be amended.
(c) The Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 are held to be valid except Rule 6, as stated above.
(d) The claim of Gramin Dak Sevaks for parity with regular employees regarding pay and allowances and other benefits available to regular employees, stands rejected.

Minutes of the DoPT-Specific Allowances Meeting

RECORD NOTE OF THE DISCUSSION ON DOPT-SPECIFIC ALLOWANCES, HELD WITH THE STAFF-SIDE, NATIONAL COUNCIL (JCM) AT 3.00 P.M. ON 25.10.2016 UNDER THE CHAIRMANSHIP OF SECRETARY (P).

1    A discussion on the DoPT-specific allowances with the Staff-Side National Council (JCM) was held at 3.00 p.m. on 25.10.2016 under the Chairmanship of Secretary(Personnel) in Room NO.119, North Block, Delhi in compliance with the direction contained in the minutes of the 2nd meeting of the Committee on Allowances held on 01.09.2016 that every Ministry/Department should firm up its views/comments on allowances relating to the Ministry/Department after holding discussion with their Staff Associations.

2.         List of participants is at Annexure.

3.         At the outset JS(JCA) welcomed all the members of the Staff side of the National Council of JCM to the discussion on department specific allowances. JS(JCA) informed that in the second meeting of the Committee on Allowances it was decided that all the department specific allowances will be discussed with the JCM. After a brief introduction it was decided to discuss the following department specific allowances on which has received the comments for Staff-Side.

Children Education Allowance (CEA)

            The Staff-Side has stated that the benefit of Children’s Education Allowance should be extended to the Graduate and Post Graduate levels also. They have informed that the private institutions are charging exorbitantly. So, subject to a ceiling on tuition fees and hostel fees, the CEA should be extended to the Graduates and Post Graduates level. Staff-Side has informed that they had also represented to the Pay Commission for simplifying the procedure wherein they had suggested that reimbursement should be based on the bonafide certificates from the schools where the children are studying. This suggestion has been accepted by the Pay Commission and the Staff-Side has requested that it should be implemented.

On the issue of DOPT’s circular on e-receipt, Secretary, DoPT clarified that this circular had been issued before the government accepted the 7th pay Commission recommendation.

(Action: JS(Estt.)
Night Duty Allowance (NDA)

            Staff-Side has pointed out that the Night Duty Allowance (NDA) is still being paid at the 4th CPC rate. Even though there is a Board Of Arbitration award in favour of employees that from 01.01.1996 it should be given in the 5th CPC pay scale, the government did not accept the arbitration award and even today employees are getting it at the same rate as it was prevalent during the 4th CPC period. In the Ministry Of Defencc a lot of litigation had taken place and the matter went up to the Supreme Court. Hon’ble Supreme Court directed that it should be paid on the basis of the actual pay drawn and that NDA should be revised w.e.f. 01.04.2016 at the 6th CPC pay scale which has been implemented by the government. However, the audit authorities came up with an objection that there is a ceiling for it which has been objected to by the Staff-Side.

            Apart from that, the 7th pay Commission has recommended that it should be worked out with the actual pay of the employee being are criterion. However, in spite of that, except for the Ministries of Defence and Railways, employees working in other Ministries/Departments are getting it at 4th CPC rate. Thus, the absence of uniformity on this allowance across Ministries/ Departments is Very glaring which, according to the Staff-Side, is a principal source of litigation and will continue to remain so. Therefore, the Staff-Side has suggested that an early revision of the without ceiling, and on the basis of the actual basic pay, and extending it to whoever is asked to do night duty will go a long way in reducing litigations in the future.

(Action: JS(Estt.)
Over Time Allowance (OTA)

            Staff-Side has pointed out that there are two types of over time duty. One is covered under the Factories Act, 1948, and the other is for the office staff. In the first case, since it is a statutory obligation, the pay Commission has not recommended anything on it. But for those Central Government employees who are not covered under the statutory provisions of the Factories Act, OTA is paid at a single rate of Rs.15.85/- Only and, that too, fot the first hour immediately after the scheduled office Closing time, it is Nil. In case of OTA there is also an arbitration award from 01.01.1996 that it should be at par with the 5th CPC pay scale. However, neither it has been implemented not have the rates been revised.

            The Staff-Side has stated that if an employee is asked to word after office hours, the rate of OTA Should be as per 7th CPC Pay Scale. Staff-Side is of the opinion that overall means working after office hours, and asking an employee to work beyond office hours automatically entitles him/her to this allowance. The Over Time rates should also be above the normal level. It was pointed out by them that as per 7th CPC. an is paid @ Rs.75/hour; whereas overtime allowance is @ Rs.15.85/- only. Even an outsider employed on casual basis is being paid hourly wages which are more than OTA. The Staff-Side is strongly of the view that if government is deploying a person on overtime work then he has to be paid at least according to the rate of salary which he is getting.
(Action: JS(Estt.)
Cash Handling Allowance (CHA)

Staff-Side has informed that the 7th CPC recommendation on its abolition is based on the fact that in most of the offices today salary disbursement is not made in cash. It is credited to the individual bank accounts. But cash transactions do take place in certain offices like the Post Offices where cash handouts are made under the Mahatma Gandhi National Rural Employment Guarantee Act. PLI is also another example. Therefore, if it is stopped all of a sudden, no person will show interest in working as cashiers and take the additional responsibility of handling huge amounts of cash. Therefore, the Staff-Side has contended that till all cash transactions are ehminated, CHA should continue.

It was also pointed out by them that this allowance depends on the amount of cash transaction; when the volume of cash transaction comes down, the allowance also proportionately come down. 
(Action: JS(Estt.)

Uniform related allowances subsumed in a single Dress Allowance (including shoes)

Staff-Side has informed that the 7th Pay Commission has recommended that Persons Below Officers Rank (PBOR) should be given Dress Allowance @ Rs.10,000/- per month. There are 5 Ordnance Factories under Ministry of Defence where persons are exclusively deployed to produce special high altitude dresses for the combat forces of the army. 12000 employees are working in these 5 factories. Therefore, if a uniform rate like this is maintained, it will have an adverse impact on the quality of these high altitude uniforms and will thus jeopardise the safety of the army men and the nation as a whole. Staff-Side is stated to have already made a request to M/o Defence not to implement this recommendation. Army has also taken a stand that this will result in substandard or sub quality material So this recommendation on the Dress allowance for PBOR should not be implemented.

As far as Civilian employees are concerned, it has been stated that the 7th CPC has recommended four slabs of Dress Allowances for various categories. One of the categories is called ‘others’. Whereas, in the Department of Posts there are about 75,000 postmen and Multi Tasking Staff wearing uniform. There is no mention about these postmen and multi tasking staff in any of the categories shown by the Pay Commission. If it is presumed that they come under ‘Others’, then they will be getting Rs.5,000 Whereas at present they are getting around Rs.7,000 plus washing allowance. As such a separate category should be there for postmen and MTS also and the allowance should be Rs.10,000/-.

It has also been pointed out that there are many categories like canteen employees, security staff, chowkidars which have not been mentioned and who are eligible for uniform or uniform allowances. It has to be clarified whether these categories will be covered under ‘others’. Staff-Side has stated that whosoever is getting Dress Allowance as on today should continue to get that. Staff-Side has also informed that the recommendations on Dress Allowance have created a lot of discrimination among staff working in similar circumstances.

Staff-Side has also drawn attention to the Dress Allowance with respect to the Nursing Staff. It has been stated that earlier also Nursing Staff were not given normal washing allowance or dress allowance considering the importance or the peculiar conditions prevailing in hospitals. Now they have also been bracketed in the general category. They were getting Rs.750 as Uniform Allowance and Rs.450 as Washing Allowance per month. Now there is no separate category that has been given to them. For them a different dispensation was made taking into account their special requirements because they work in such an environment where their uniforms require regular washing entailing a substantial expenditure. As these have not been accounted for in the 7th CPC, the nursing staff should have a special dispensation, as is strongly felt by the Staff-Side.

JS (JCA) has requested Staff-Side to submit a note on the justification or break-up of the amount of Rs.32,400(maximum) as suggested by them and the Staff-Side has agreed to provide the same.

Secretary, DOPT summed up the demands of the Staff-Side by observing that those who were getting Dress Allowances, their allowances should not come down. And the categories of the employees which had special dispensation in the past and have not been mentioned this time or have been clubbed together with other categories need clarification. 
(Action: JS(JCA)/Staff Side)

Risk-Allowance

The Staff-Side has informed That Ministry of Defence is engaged in arms and ammunitions manufacturing etc. In the process of manufacturing them, the staff engaged for this purpose, have to handle hazardous chemicals, acids and so many Other poisonous combinations. Cabinet has approved 45 risk operations pertaining to Defence civilian employees. Apart from that, because of the technological developments taking place fast and as the requirement of the armed forces is increasing for getting modern equipments, ammunitions and explosives, new risk operations have also come into existence of which Ministry of Defence is aware and have recommended also accordingly. In spite of this, the existing Risk Allowance has been abolished by the Pay Commission. It has been pointed out by the Staff-Side that it has not been subsumed under the risk and hardship matrix. Rather it comes in the abolition list. In no matrix are the risk operations of Defcnce civilians are covered. Staff-Side has informed that they have discussed this with Defence Secretary and Defence Ministry is going to recommend in favour of its inclusion in one Of the matrix.

In response to the query of Secretary, DOPT as whether the activities which have been considered to be risky have all been identified, Staff-Side has clarified that it has been identified by a high level committee and approved by the Cabinet, 45 risk operations have been identified and approved. But within a period of 2 decades, lot of new ammunitions and new explosives have come in the arsenal, alongwith a lot of hazardous chemicals and acids. So, M/o Defence has again appointed a committee and they have identified that all these ate additional risk operations over and above the 45 identified, where Defencc Civilian employees are actively involved. But the Pay Commission has abolished Risk Allowance. So this has to be incorporated in onc of the risk matrix.
(Action: JS(Estt.)

Other Items

            Staff-Side has pointed out that in the 7th CPC report it has been stated that any allowance not mentioned and hence not reported to the Commission shall cease to exist immediately. They have requested that this recommendation should be rejected. On the contrary, the administrative Ministries should come forward and recommend for their abolition or retention.

            Staff-Side has also stated that 7th CPC has abolished all advances completely. Noting that we regularly celebrate a number of festivals like Diwali, Holi, Eid and keeping the general sentiment in mind, they are of the view that advances are very necessary. Moreover, these advances are required to be paid back to the government.

            On Family Planning Allowance, the Staff-Side has stated that since the Government has not changed its Family Planning policy, the allowance should be continued, At least in the case of those people who were getting it they should continue to get as they have fulfilled all conditions when the allowance were granted. Otherwise be drop in their emoluments.

            The Staff –Side also demanded that the 7th CPC had not revised the rate of Fixed Medical Allowance for pensioners. Therefore, the Fixed Medical Allowance  for pensioners may be revised ro Rs.2000/- from existing Rs.500/-

The reasons for the protest week & Present status of the committees.

Observance of Protest week from 12th to 19th December 2016.

The reasons for the protest week& Present status of the committees.

Dear  colleagues,


You are aware FNPO and its affiliated unions have decided to observe protest week from 12th to 19th December 2016.

The reasons for the protest week:

On 30th June 2016 & 06th July 2016 Group Of Ministers called our NJCM leaders and gave assurance that a High-Level Committee will examine the 7th CPC issues, mainly the Minimum Wage and Multiplying Factor. Based  on the assurance, the JCM Constituent deferred the Strike action on 06th July 2016.


 Accordingly, the following committees were constituted .

1)  Committee to examine the 7th CPC issues mainly the Minimum Wage and Multiplying Factor: The committee met once and the outcome of the meeting not known.
2)  Allowance Committee: Met once they discussed HRA & other allowances, but no commitment from the official side. Committee chairman conducted the meeting with all Departments. On 03/11/2016, a meeting was conducted under the Chairmanship of Finance Secretary & Secretary (Expenditure) with regard to postal department. During the meeting India Post Chairman, Postal board, Member (P), DDG (Esst.), DDG (P) & Director (Esst.) were present. Secretary Generals of the three Federations represented the staff side.
The Department of Posts submitted a proposal for retaining the  following allowances.
·       Fixed Monetary Compensation to Postman.
·       Special Allowance to PO & RMS Accountants.
·       Cycle allowance to Postman.
·       Cash handling and Treasury allowance.

·       Headquarter allowance
·       Fixed Medical allowance.
·       Overtime Allowance

After a long discussion on the revision of above allowances, the Finance Secretary  asked to furnish the quantum of Fund required by the Department of Post to meet the Expenditure. Our departmental officers who were present at the meeting agreed to give the required fund details. According to our information, our department has sent the details to the Finance Secretary.
Let us hope that Finance Ministry will agree to our Departments proposal.
3) Anomaly committee was constituted department vice.
4) NPS Committee: According to our information the committee is constituted but no official information.

5) Pension option committee: To examine the feasibility to implement option -1  

Now four months have lapsed, we are yet to know the committees decision on the issues of Minimum Wage, Pay Fixation Formula, Allowances and National Pension system (NPS) etc. as on date
Besides these, after implementing the 7th CPC (only pay), the Government is accepting all the recommendations affecting the employees one by one such as the benchmark for MACP from “GOOD” to VERY GOOD” which has created unrest in the minds of every employee.
FNPO cannot be a mere silent spectator after reading the employees mind, therefore FNPO and its affiliated unions have decided to observe protest week from 12th to 19th December 2016
We request all Divisional / Circle secretaries to go through the programs and make it a grand success.

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