Encashment of earned leave alongwith LTC -Clarification

NO. 1402812/2009-Estt.(L)

GOVERNMENT OF INDIA

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

2nd Floor, Loknayak Bhavan, Khan Market
New Delhi, the 24th November, 2009

OFFICE MEMORANDUM

Subject:- Encashment of earned leave alongwith LTC -Clarification

The undersigned is directed to refer to DOP&T 0.M.No.310111412008-Estt.(A), dated 23rd September, 2008 allowing encashment of earned leave alongwith LTC and to say that various references are being received from MinistriesIDepartments with regard to the applicability of Rule 38-A of the CCS (Leave) Rules, 1972 to the Central Govt. employees. In this regard it is clarified that

(1) Central Govt. employees governed by CCS (Leave) Rules, 1972 who are entitled to LTC but opt for the facility of LTC provided to their spouses employed in PSUslCorporationlAutonomous Bodies etc. and

(2) Central Govt. employees governed by CCS (Leave) Rules, 1972 who are otherwise not entitled to LTC, on account of their spouse being employed in Indian Railways/National Airlines who are entitled to privilege passeslconcessional tickets

are entitled to leave encashment while availing the LTC facility of their spouselprivilege passes/concessional tickets of their spouse on fulfillment of all the conditions as stipulated in Rule 38-A of the CCS (Leave) Rules, 1972 twice in a four years block of LTC.

Clarification on Children Education Allowance regarding the word of "NURSERY"

Government has been published a clarification through DOPT regard to the definition of "Nursery". This clarification order says, "Reimbursement will be applicable for expenditure on the education of school going children only.

Children from classes nursery to twelfth including classes eleventh and twelfth held by junior colleges or schools affiliated to Universities or Board of Education".

Hence, It is clarified that 'classes nursery to twelfth' will include classes I to XI1 +2 classes prior to class I irrespective of the nomenclature. So, an employee may avail this allowance from LKG studying children.

No. 12011/03/2008-Estt.(Allowances)
GOVERNMENT OF INDIA
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
*****

New Delhi, the 23^rd November, 2009

OFFICE MEMORANDUM

Subject:- Clarification on Children Education Allowance

The undersigned is directed to refer to DOP&T O.M. of even No.dated 2.9.2008 on the above subject. Para l(c) of the said O.M. says

"Reimbursement will be applicable for expenditure on the education of school going children only i.e. for children from classes nursery to twelfth including classes eleventh and twelfth held by junior colleges or schools affiliated to Universities or Board of Education".

Various clarifications are being sought with regard to the definition of 'nursery' as the same is being called by different names in different institutions. This matter was considered in consultation with Ministry of Finance. It is clarified that 'classes nursery to twelfth' will include classes I to XI1 +2 classes prior to class I irrespective of the nomenclature.



It is further clarified that in respect of schools/institutions at nursery, primary and middle level not affiliated to any Board of education, the reimbursement under the Scheme may be allowed for the children studying in a recognized school/institution. Recognized school/institution in this regard means a Govt. school or any educational institution whether in receipt of Govt. aid or not, recognized by the Central or State Govt. or Union Tenitory Administration or by University or a recognized educational authority having jurisdiction over the area where the Institution is situated.

(Simmi R.Nakra)
Director

Clarification on MACP for Industrial Employees in OFB

Ordnance Factory Board.,Ministry of Defence ,issued a clarification on MACP for Industial Employees ,In which it is clarified that upto 31-8-2008 any promotion or upgradation from Semiskilled to Skilled Grade for those who recruited against Skilled vacancies should be ignored for the purpose of granting MACP wef.01-09-2008.

Industrial Employees of OFB in the grade of Skilled,Highly Skilled,MCM who were granted two ACP's before 31-08-2008 are entitled for 3rd MACP in the Grade Pay of Rs.4600 as and when they complete 30 years of service or 10years after getting 2nd promotion/ACP provided they fulfil conditions laid down in MACP order.
Source:Vinmoney

'VRS: Disentitled staff can't claim pension'

An employee cannot claim pension if he opts for voluntary retirement scheme underwhich he is disentitled for the same, the Central Administrative Tribunal has held.

The tribunal passed the order while hearing a bunch of petitions from the employees of Delhi Transport Corporation, seeking pension from the corporation which was denied to them after they had opted for VRS between 1993 and 1995.

DTC had introduced a pension scheme for its employees in 1992, which could not be operationalised till 1995.

Meanwhile, in 1993, a VRS scheme was introduced by the corporation asking desirous employees to apply within 15 days.

The scheme was again offered to employees in 1994 and 1995 respectively.

While the 1993 VRS categorically said that the benefit of pension would be available to employees opting for it, the subsequent schemes contained clauses clearly denying the benefit of pension to workers opting retirement.

The CAT ordered the corporation to release the pension of three employees -- Jag Shoran, Zile Singh and Madhu Bhushan Anand, who had opted for VRS in 1993, when the benefit of pension was then available to the employees.

Source:PTI

Govt can frame guidelines for DPCs: CAT

The Central Administrative Tribunal (CAT) has held that government can frame guidelines fodepartmental promotion committees (DPCs) and judiciary will not question its validity so long as it provides level playing field for all candidates.

"The government has a right to frame the guidelines for the DPCs and there cannot be any judicial interference in such case, unless the same are perverse or are drafted to favour a class of candidates," CAT Vice Chairman L K Joshi and Member Meera Chhibber said.

The tribunal passed the order on a plea of a Delhi police sub-inspector, challenging the promotions made on the basis of 2008 circular which issued guidelines for the DPC to promote eligible police personnel.

The sub-inspector, Ram Niwas, contended that DPC should have followed 2005 guidelines for promotions and not the 2008 guidelines which was issued after creation of vacancies.

Allahabad HC quashes CAT's order

The Allahabad High Court has quashed an order of the Central Administrative Tribunal and directed appropriate authorities to consider providing job to the petitioner, whose father died while working in a post office, on compassionate grounds.

Pronouncing the judgement, the Lucknown Bench of the Court observed yesterday: "People will lose faith in the administration of justice in case rightful claim is rejected only because of pendency of litigation in courts."

A Division Bench comprising Justice Devi Prasad Singh and Justice Anil Kumar passed the order on a petition filed by Awadhesh Kumar, whose father, a postman in UP's Barabanki district, died in harness on August 8, 2002.

In April 2004, the Competent Authority had rejected the application of the petitioner for providing employment on compassionate grounds.

The petitioner later filed an appeal before the Chief Post Master General (UP Circle), Lucknow.

When his appeal was not decided for over one year, he approached the CAT which dismissed his plea.

The petitioner moved the High Court in 2006 challenging the order of the CAT and the Competent Authority.

The Bench quashed the judgement of the CAT as well as the order passed by the Competent Authority.

The Court directed the respondents to reconsider the case of the petitioner for providing job on compassionate grounds.

Source:Zee News

AT gives relief to widow, asks DTC to grant family pension

The Central Administrative Tribunal (CAT) has come to the rescue of a widow by granting her family pension after noting that she was pursuing the matter relentlessly with the Delhi Transport Corporation (DTC) after her husband died in 2005.

A tribunal bench, comprising vice-chairman M Ramachandran and member Shailendra Pandey, passed the order giving relief to the widow of Kalanath Sharma, who resigned from the corporation in 1990 but applied for pensionary benefit after the scheme came into force in 1992.

The DTC started the pension scheme for its employees in 1992 and there was a provision that those who retired after 1981 were eligible to opt for either pensionary benefit or PF. Kalanath had opted for pension.

The tribunal said that it was proved that the deceased had been pursuing the matter related to his pension continuously with the DTC and had even offered to return the contributory provident fund (CPF) to the corporation.

"There are circumstances sufficient to reveal that there was a conscious effort on the part of the employee concerned to claim his benefits. He had offered to pay back CPF benefits received. This supports our view that what was being pursued was not an empty claim," the CAT said.

The tribunal ordered DTC to treat Kalanath as a person who had opted for pension after his resignation, when the scheme had been brought into force.

Earlier, the corporation repudiated the claim of widow, saying that there was a difference between a retired employee and one who resigned from the post and thus Kalanath was not eligible for any pensionary benefit.

New rail coach factory to hurt existing ones

Railway minister Mamata Banerjee’s pet project of setting up a new coach factory at Kanchrapara in West Bengal may put the ministry’s other coach manufacturing units on a slow track.

Rites –a 100 per cent subsidiary of the Indian Railways (IR) – has invited bids for appointment of consultants to manage the bidding to select a private developer that would set up a new rail coach factory at Kanchrapara.

The project is estimated to cost about Rs 10,000 crore. Under the agreement, railways will lease out land to a private company for about 30 years. It will have an installed capacity of 1,000 coaches per year. However, it will start with 500 coaches only.

The construction of a new unit may impact productivity of other factories including Rail Coach Factory (RCF) at Kapurthala, Integral Coach Factory (ICF) and Rail Coach Factory (RCF) at Raebareli.

“There are already four-five production units. While RCF Kapurthala can manufacture 1,500 coaches, ICF and RCF at Raebareli together can produce another 2,500 coaches. There is a demand for 3,000-3,500 coaches every year. The construction of another coach factory would put extra burden in terms of under-utilisation of existing capacities,” a senior railway ministry official said on the condition of anonymity.

The new unit to be built in public-private partnership will give an edge to private companies over government units. “Private companies will come only if the proposal is made attractive in long-term. Once they (private company) sign an agreement, the government will have to ensure that the unit is not under-utilised. Therefore, there will be possibility of shifting orders from companies such as RCF and ICF to the new unit,” the official explained.

Banerjee, while presenting the railway budget for 2009-10, had announced setting up of a new factory at Kanchrapara-Halisahar railway complex with annual capacity of 500EMU/MEMU and metro coaches per year. The minister had said that the land was already available for the project.

Source:mdigitalfcNew rail coach factory to hurt existing onesNew rail coach factory to hurt existing ones

Govt cannot refuse NOC to employee on technical grounds: CAT

Government cannot refuse to give no objection certificate (NOC) to an employee on "vexatious technical grounds" if no public interest was involved, the Central Administrative Tribunal has said.

"Denial to grant NOC is not sustainable as it is not the case of Ministry of Defence that there is a shortage of officers and the applicant's departure would be greatly inconvenient...Neither public interest is pleaded nor could it be established," a bench of CAT, comprising Chairman V K Bali and Vice Chairman L K Joshi, said.

The tribunal passed the order on a plea filed by Satyam, Assistant Medical Officer working with the Ordnance Factory Hospital, which had rejected her application seeking permission to appear in an interview for the post of Insurance Medical Officer in Employees State Insurance Corporation (ESIC).

The Ministry had rejected Satyam's request on the ground that the last date of submission of application was over.

"The only claim of the Ministry is that the application was not submitted before the expiry of time for its submission to ESIC. This is merely a vexatious technical objection," the tribunal said.

Source:PTI

Group D posts: CAT showcause to Railways

The Central Administrative Tribunal (CAT) has issued a showcause notice to the Indian Railway authorities on the issue of unexplained delay in completing procedures for appointment to Group D posts under the East Coast Railway division.

The Tribunal bench comprising Justices K Thankapan and CR Mohapatra has directed the Railways Secretary, the Chairman of Railway Board and the General Manager of ECoR to file their counters in eight weeks.

The directions came in response to a petition filed by one TR Barik and three others. They alleged that though the process for appointment to as many as 5,200 Group D posts under ECoR was initiated in 2006, it is yet to be completed due to the apathy of the authorities and thereby pushing the applicants into uncertain future.

The petitioners stated that advertisement for the posts was published on October 28, 2006 and written examinations were conducted in four phases in 2007.

The results were published in February 2008 and it was followed by physical tests in five phases.

After that the merit list should have been published and the final process of medical and document scrutiny carried out to give appointments to successful candindates. The process has stalled at that point. Thousands of candidates who had applied and appeared for the exams are still awaiting their final results.

While other divisions had already finished giving appointments for similar posts, the same is curiously being delayed here, the petitioners alleged.

CAT issues new order on pension

President cannot withhold pension or gratuity of a government official unless the charges framed against him come under the ambit of grave misconduct, the Central Administrative Tribunal has held.

"Unless the language of the charge as framed or the enquiry report shows that the charge is of grave misconduct, the President cannot withhold pension or gratuity," the tribunal, comprising chairman V K Bali and vice-chairman L K Joshi, said.

The CAT passed the order on a petition filed by V T Prabhakaran, the retired scientist of Indian Agricultural Statistics Research Institute, challenging departmental proceedings and withholding of arrears benefit that was due to him after he retired on February 2009.

Prabhakaran was facing charges of posting objectionable material on the display board of the office and making false and baseless allegations against the director and other higher officials of IASRI.

"There is not even a whisper of the charges being of the nature of grave misconduct in the report of the inquiry officer," the tribunal said while quashing the departmental proceedings against the scientist.

The CAT observed that the material posted at the display board was picked up from newspapers and was already in public.

"The act of Prabhakaran may be uncalled for and not in good taste, yet it cannot be said to be an act of grave misconduct, which would merit withholding of pension or gratuity," the tribunal said.

Source:PTI