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Benchmark Grading - Clarification issued by DOPT



NO. 21011/1/2010-Estt.A
Government of lndia
Ministry of Personnel, Public Grievances 8 Pensions
Department of Personnel 8 Training
*****



  

North Block, New Delhi
Dated the 13th April, 2010


  

OFFICE MEMORANDUM



  

Subject: Below Benchmark gradings in ACRs prior to the reporting period 2008-09 and objective consideration of representation by the competent authority against remarks in the APAR or for upgradatin of the final grading.



  

The undersigned is directed to say that prior to the reporting period 2008-09, only the adverse remarks in the ACRs had to be communicated to the concerned officer for representation, if any to be considered by the competent authority. The question of treating the grading in the ACR which is below the benchmark for next promotion has been considered in this Deparment and it has been decided that if an employee is to be considered for promotion in a future DPC and his ACRs prior to the period 2008-09 which would be reckonable for assessment of his fitness in such future DPCs contain final grading which are below the benchmark for his next promotion, before such ACRs are placed before the DPC,the concemed employee will be given a copy of the relevant ACR for his representation, if any, within 15 days of such communication. It may be noted that only below benchmark ACR for the period relevant to promotion need be sent. There is no need to send below benchmark ACRs of other years.



  

2. As per existing instructions, representations against the remarks or for upgradation of !he final grading given in the APAR (previously known as ACR) should be examined by the competent authority in consultation, if necessary, with the Reporting and the Reviewing Officer, if any. While considering the representation, the competent authority decides the matter objectively in a quasi-judicial manner on the basis of material placed before it. This would imply that the competent authority shall take into account the contentions of the officer who has represented against the particular remarks/grading in the APAR and the views of the Reporting and Reviewing officer if they are still in service on the points raised in the representation vis-a-vis the remarks/gradings given bv them in the APAR. The UPSC has informed this Departrnent that the Commission has observed that while deciding such representations, the competent authorities sometimes do not take into account the views of Reporting/Reviewing Officers if thev are still in service. The Commission has further observed that in majority of such cases, the competent authority does not give specific reasons for upgrading the below benchmark ACR/APAR gradings at par with the benchmark for next promotion.

  

3.All Ministries/Departments are therefore requested to inform the competent authorities while forwarding such cases to them to decide on the representations against the remarks or for upgradation of the grading in the APAR that the decision on the representation may be taken objectively after taking into account the views of the concerned Reporting/Reviewing Officers if they are still in service' and in case of upgradation of the final grading given in the APAR, specific reasons therefor may also be given in the order of the competent authority.



  

(CA. Subramanian)
Director



GRANT OF 3rd FINANCIAL UPGRADATION TO STENOGRAPHERS - CLARIFICATION



No. 22/22/2009-CS.I (CR)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)



Lok Nayak Bhawan, Khan Mkt.
New Delhi, dated the 12th April, 2010.



  

OFFICE MEMORANDUM



  

Subject: Grant of financial upgradation under the Modified Assured Career Progression Scheme.

  

               In supersession of this Department's O.M. of even number dated 12th January, 2010, the undersigned is directed to say that it has been further clarified by Establishment (D) Assistants/DR Grade 'C' Stenographers who have got Non-functional grade (NFG) in the grade pay of Rs.5400/- would only be entitled for 3rd financial upgradation in the immediate higher grade pay of Rs.6600/- on completion of 30 years of continuous service or on completion of 10 years stagnation in a single grade pay, whichever is earlier.. No further financial upgradation would be admissible to such officials.

  

All the cadre/sub-cadre authorities are requested to deal with such cases accordingly.

  

(M.C.Luther)
Deputy Secretary to the Government of India



  

To
1. All Ministries/Departments of Government of India DS(Admn./Estt)
2. NIC for uploading in web-site of the Ministry 'What is New'
3. Copy for information to Estt(D) w.r.t their Note No.79(2275)/US(Estt.D)/2010 dated 10.03.2010



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ACP vs MACP

AIANGO (All India Association of Non-Gazetted Officers) PROTEST PROGRAMMES, MEMBERSHIP DRIVE, REMMITANCE OF MEMBERSHIP SUBSCRIPTION & OTHER POINTS



AIANGOs CIRCULAR NO: 15 No. : AIANGOs/CE/CIR/15 Dtd: 10/04/2010


To,
The Branch Secretaries, Zonal Secretaries
JCM Members, CE Members/Office Bearers.

SUB: (1). PROTEST PROGRAMMES, MEMBERSHIP DRIVE, REMMITANCE OF MEMBERSHIP SUBSCRIPTION AND SPECIAL LEVY & POSITION ON OTHER POINTS.

REF : (1). Circular No. 14 Dtd: 12/03/2010.

DEAR FRIENDS,
Please find appended below the following information and directives from CE.

(1). BRIEF ON MEETING HELD IN OFB ON 30TH & 31ST March-2010:
After intimation letter to OFB regarding continous protest programmes to be observed by AIANGOs, President & General secretary/AIANGOs were called in OFB for discussion on the issues in the list of demands. Meeting was held on 30th March in the Chairmanship of Member/PER and on 31st in the Chairmanship of DDG/ADMIN. All the issues under demand were discussed in detail. Our all grievances were explained strongly with justification with a very clear demand to issue orders on merger of AF/FM/SH w.e.f. 01/01/2006 as per CCS(RP) Rules & CDS(RP) Rules-2008, to fill up all the available vacancies in the grade from CM to JWM by one time relaxation and to take suitable action for redressal of other 6th CPC related anomalies. OFB was positive on promotion & other issues. Member/Per requested AIANGOs to drop/postpone protest programmes with commitment that OFB is pursing the case of Grade pay 4800 for JWMs as a last chance. By this time if it comes back OFB will not pursue same and issue the orders on Merger of the two posts. We submiited our concern strongly that merger must not be linked with their proposal and orders on merger must be issued before sending any reply in favour of JWM's case which was not agreed by Member/PER & lastly we had to communicate that our protest programmes shall be comtinued as per the schedule communicated vide intimation letter dtd: 19/03/2010. OFB assured to adopt eligibility criteria for promotion which can be helpful in filling the maximum vacancies.

(1). PROTEST PROGRAMMES:

(1.1). INTIMATION TO SR.GM/GM AND DISPATCH OF POSTCARD: By this time it is expected and understood that all Branch Secretaries has intimated the unit heads about the protest programme and all member have dispatched the postcads to DGOF & Chairman, Hon'ble RRM & PM as per the schedule circulated vide circular 14. CE has got feedback from the Branches that the programme of post card is successful and it will give some impact.

(1.2) MEMORANDUM BY BRANCHES ON 15/04/2010: Draft Copy of the Memorandum is enclosed herewith as ANNEXURE-1. All Branch Secretaries are requested to download the same, read carefully , re-adjust the text, print on letter head and submit to their respective Sr.GM/GM on 15th March/2010 in presence of all members. Pl follow the following Guide lines :

(1.2.1). Please hand over Two Original copies of Memorandum to Sr.GM/GM (one tick marked to Hon,ble RRM & one tick marked to DGOF & Chairman/OFB along with an additional photocopy.

(1.2.2). Despatch one advance copy (after writing the advance copy at the top of first page and duly tick marked at the place where advance copy to RRM is Written at the end of Memorandum) to Hon'ble RRM through SPEED-POST by the Branches Secretaries. .

(1.2.3). Copy to Defence Minister, Finance Minister, Defense Secretary, Secretary(DP), JS(OF), Secretary (Expenditure), Secretary(DOP&T), Secretary (Defense Finance) are to be dispatched through speed -post by the Branches Secretaries.

(1.2.4). Remaining copies are to be dispatched by ordinary post by the Branches Secretaries.

(1.3). DISTRIBUTION OF LIST OF DEMANDS: All Branch Secretaries are requested to make the copies of list of Demands in appropriate numbers and distribute to all members and other employees of the Factory on 15th. April/10. Some posters of Demands may also be made and displayed.

(1.3.1). LIST OF DEMANDS:

(1). FUNCTIONAL UP-GRADATION & MERGER OF AF/FM/SH WITH JWM W.E.F. 01/01/2006 AS PER GOVT. ORDERS CCS(RP) RULES-2008 DTD: 29/08/08, CDS(RP)RULES-2008 DTD:09/09/08, GOI. MOD. ID. NO: 410/2009/D(CIV-I) DTD : 24/08/09 & MOF OM NO. F. NO. 1/1/2008-IC DTD : 13/11/09.

(2). IMMEDIATE PROMOTION TO ALL VACANT POSTS OF CHARGEMAN & AF/FM/SH/JWM.

(3). REVISION OF NIGHT DUTY ALLOWANCE AND OVER TIME ALLOWANCE.

(4). NO RECRUITMENT/JOINING TO THE POST OF JWM THROUGH LDCE/UPSC TILL MERGER OF AF/FM/SH WITH JWM.

(5). REDRESSAL OF NEW PENSION SCHEME RELATED PROBLEMS.

(6). EARLY REDRESSAL OF PENDING ISSUES WITH NATIONAL ANOMALY COMMITTEE /NATIONAL COUNCIL :-

· FIXATION WITH FITMENT TABLE OF RS. 6500/= FOR CM-II & CM-I.
· FIXATION WITH FITMENT TABLE OF RS. 7450/= FOR AF/FM/SH.
· CORRECTION IN PAY BAND 1 & 2 WITH MULTIPLIER OF 2.11 FOR CALCULATING LOWER LIMIT OF PAY BAND-1 & 2.
· INCREASE IN GRADE PAY(GP) OF PAY BAND-1 & 2 (RS.4600 IN PLACE OF RS. 4200 AND RS. 5000 IN PLACE OF RS. 4600 ).
· PROVISION OF INCREMENT IN JANUARY AND JULY.
· GRANT OF RISK ALLOWANCE TO NGOs.
· RE-STORING OF COMMUTATION FACTOR 117.72 INSTEAD OF REVISED 98.328 FOR COMMUTATION OF PENSION.

(1.4) DHARANA WITH HUNGER AFTER 20TH APRIL/10 : As intimated, it is to be observed on the date and place of JCM-III Meeting. The date & place of JCM-III Meeting has not been decided till date by OFB. As and when OFB decides the date of JCM-III Meeting CE will intimate the Branches about the progrrmme accordingly.

(1.5 ) OTHER PROTEST PROGRAMMES : Need Confirmation of dates from the Office of Hon'ble RRM, RM, CDRA and PM. Branches will be intimated after clearance accordingly.

(3) MEMBER SHIP DRIVE : All Branch Secretaries/Zonal Secretaries/CE Members are requested to start dence membership drive and get the authorization forms filled by maximum NGOs in favour of AIANGOs by apprising them about the efforts made and the sincerity shown by AIANGOs towards the issues related to NGO cadre with positive approach. While fiiling the authorization form, Members may please be informed that Annual Subscription of Rs. 60 will be deducted from this year onwards. It is also requeasted to ensure that the list of members along with authorization forms may please be submitted on 30th April/10 positively without fail.

(3.1) MEASURES TO INCREASE THE INVOLVEMENT OF MEMBERS : As, any organization can grow only with the active participation and involvement of its all members. Therefore please hold frequent Executive Meetings, organise picnics, have close interactions with members by visiting sections time to time, participate in Social Activities and give Feed- back to the members on the issues raised by them always in time and before they remind. Also communicate on behalf of Central Executive that we will make all shots of best efforts to settle our out stading issues and grievances within a considerable time period.

(4) CELEBRATION OF 78TH GLORIOUS ASSOCIATION DAY ON 27TH APRIL/10: It gives eminent pleasure that we are very near to the 78th Gloriuos Association Day. All Branches are requested to celebrate this Historical Day with zeal and enthuciacism as been celebrating in the previous years and enjoy the occation among the members. It is also requested that Branches may explore better ways and means to celebrate the same and keep the morale of our members high. Shape and size (form of programme) may please be decided by the concerned Branch / Zone. Please send the Feed-Back of the celebration to CE.

“UNITY IS OUR STRENGTH”
“LONG LIVE AIANGOs”
“EFFORTS LEAD TO SUCCESS”

WITH COMMITMENT TO SERVE FOR THE SATISFACTION OF NGOs.&WITH BEST WISHES OF 78TH ASSOCIATION DAY

Yours truly,
(B.K.Singh)
President
(S. B. Chaubey )
General Secretary


Big clouds are roaming over ULIPs...



ULIP insurance policies safe: IRDA on SEBI's ban order

Insurance regulator IRDA on Saturday said that ULIP policies, under which a portion of funds is invested in the stock markets, are "safe and secure".

"Policy holders of the Unit Linked Insurance Products (ULIPs) offered by different insurance companies are assured that these policies are safe and secure", said IRDA chairman J Hari Narayan in a release that followed market regulator Sebi banning such schemes of select companies last night.

He further said that IRDA will take up the matter "expeditiously in the appropriate forum in accordance with the law."

Securities and Exchange Board of India (SEBI) in an order issued on Friday evening banned 14 life insurance companies, including those belonging to Tatas, SBI, ICICI, HDFC and Reliance Anil Ambani group from raising funds through unit linked schemes.
Source: Economic Times

FM’s Statement on ULIPs Issue

Following is the Finance Minister, Shri Pranab Mukherjee’s statement regarding regulation of Unit Linked Insurance Products (ULIPs):

“The Chairman, SEBI and Chairman, IRDA held discussions on the jurisdiction over Unit Linked Insurance Products (ULIPs). To resolve any ambiguity and to ensure smooth functioning in the markets, the regulators have agreed to jointly seek a binding legal mandate from an appropriate court. Meanwhile, status-quo ante is being restored.”
Source: PIB

Essential Services Maintenance Act (ESMA) - Government has threatened to terminate...



JK govt threatens to sack employees, 10th day of strike

With the strike by its employees entering tenth day today, the Jammu and Kashmir government has warned that their services would be terminated if they did not resume work immediately. After invoking Essential Services Maintenance Act (ESMA) last Monday against its employees, the government has now threatened to terminate the services of those employees who do not report for duty immediately.

Over 4 lakh employees are on the strike to demand arrears of their revised salaries after sixth pay commission recommendations and enhancement of retirement age from 58 to 60. However, Minister for Medical and Technical Education R S Chib told reporters that doors were still open for the striking employees for a dialogue to sort out the issues.

Expressing hope that good sense will prevail upon the employees, he said they should call off the strike and come to the negotiating table for which government is ready. He, however, warned that if the interests of the people were affected, the government could go to "any extent" and said contingency plans were in place to protect the interest of the people.

Chib said services of adhoc, contractual and need-based employees in hospitals would be terminated if they did not resume work immediately. He also said para-medical staff have been asked to report within 48 hours to avoid suspension.

Services in Government Medical Colleges and Hospitals and other associated institutions were badly affected by the strike though emergency services were being carried out. Meanwhile, work remained affected in government offices and PSUs because of the strike.

The secretariat complex wore a a deserted look. Over 100 employees and leaders of various striking unions have been arrested and a large number of police and paramilitary personnel deployed in and around the civil secretariat complex.

The police has been asked to check attendance registers in offices, prepare dossiers and video graph trouble-makers.

Source: PTI

Pensioners can claim Medical Reimbursement - Even without joining the Medical Scheme (CGHS)



Retired employees entitled to medical reimbursement - Even if not opted for Medical Scheme: Court

Ruling that all government employees, even those retired, are entitled for medical reimbursement, the Delhi High Court Tuesday asked the Delhi government to pay the medical bills of a man who retired from a government enterprise in 2002.

Justice Kailash Gambhir asked the government to pay the medical expenses of Suraj Bhan and said: 'The state has a constitutional obligation to bear the medical expenses of government employees while in service and also after they are retired. Clearly in the present case by taking a very inhuman approach, these officials have denied the grant of medical reimbursement to the petitioner forcing him to approach this court.'

Bhan had approached court seeking reimbursement of his medical bills.

In 2003, following a circular issued by the government, Bhan got enrolled for the medical scheme and paid the premium on regular basis though he had retired a year earlier. In 2007, a new scheme was introduced, but he was not aware of it.

Bhan was suffering from asthma and was under treatment at the Sir Ganga Ram Hospital from July 3 to July 9, 2004. When he moved an application for reimbursement of Rs.33,654 towards hospital bills it was rejected by the employment officer as Bhan was not part of the 2007 scheme.

'It is quite shocking that despite various directions from the courts, the government in utter defiance of the law has taken a position that the pensioner is not entitled to the grant of medical reimbursement since he did not opt to become a member of the said health scheme after his retirement,' the court said and imposed a law suit cost of Rs.10,000 on the government.

The government said that since Bhan had not opted for the new scheme in 2007, he was not entitled to reimbursement.

'The scheme is prospective in nature and the same would be effective once an employee becomes a member of the scheme and not otherwise,' counsel for the government said.

'It is a settled legal position that a government employee during his life time or after his retirement is entitled to get the benefit of medical facilities and no fetters can be placed on his rights on the pretext that he has not opted to become a member of the scheme or had paid the requisite subscription after having undergone the operation or any other medical treatment,' the court said.

Source: Indo Asian News Service

PENSION CASES CANNOT BE DELAYED



If delayed, pay compensation for it, pay for the mental agony and stress.

Udupi District (Karnataka) Consumer Disputes Redressal Forum

[Case Nos. CC 134/2009 and CC 138/2009.]

Judgement delivered on 22*3*2010.



Case history:

BSNL Corporate office issued orders on 29*5*2008 for merger of DA in pay of employees with effect from 1*1*2007. Those who retired on or after 1*1*2007 should get its benefit in pension also. BSNL authorities at Udupi and Mangalore as well as the CCA office at Bangalore took their own time to merge DA and revise the pension. Udupi District P&T Pensioners’ Association took up the matter, wrote many letters. But authorities did not care. Finally, 13 BSNL pensioners and 6 family pensioners approached the Consumer Forum on 2*11* 2009 against the delay and seeking compensation. Shri George Samuel, Secretary of Udupi District P&T Pensioners’ Association is the first complainant in both the cases. When the authorities came to know about the cases they woke up and merged the DA in pay of the complainants and revised their pension accordingly. But the case continued.

The Consumers’ Disputes Redressal Forum considered the following aspects:

1. Whether the pensioners are consumers? The Forum decided Yes.

2. Whether the delay in merging DA in the cases amounts to deficiency in service? Forum declared Yes. The delay can not be condoned.

3. Whether the complainants are entitled to reliefs? Forum said Yes. After hearing the arguments of complainants and the Opposite Parties (CGMT Karnataka, CCA Karnataka Circle, PGMT Mangalore and Area Manager at Udupi) the Forum passed the following order:

“The complaints are allowed. The Opposite Parties are directed to pay to the Complainants in both complaints, interest @ 9% since and after 11712008 till date of payment of the claim amounts (since paid) alongwith Rs 2000/1 each Complainant in both the cases as compensation (except the complainant No. 1 in both cases) for mental agony and a consolidated amount of Rs 10000 each towards cost of proceedings in each complaint. The Opposite Parties shall pay the above amounts within a month from the date of this order. The OPs shall pay 2 the above amounts to the Complainants and may recover the same from the employees who are responsible for delay in releasing the revised Pensionary benefits:”

Source: RREWA

Call rates to Re 1 for satellite phones used by "JAWANS"



Cheaper call rates for ''jawans'' in border areas

The government today reduced call charges to Re 1 per minute from Rs 5 per minute for satellite phones used by forces along the border areas. The reduction in charges will be for the para military forces like ITBP and BSF serving along the border outposts throughout the country, a DoT statement said.

Telecom PSU BSNL has been providing the forces with satellite phones to ensure that these ''jawans'' enjoy access to telecom services, the statement said. This decision was taken after a recent visit of Union Minister of State for Telecom and IT Sachin Pilot to the North Eastern border areas where it was brought to his notice that ''jawans'' were required to pay Rs 5 per minute for using the satellite phones to make calls to their families.

Pilot, in a separate statement, said, "We have decided to reduce the call rates for satellite phones used in the border areas, from Rs 5 to Re 1."

Source: PTI



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