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Amendment in Rule 5 of AIS (Death-Cum-Retirement Benefits) Rules, 1958.

THE GAZETTE OF INDIA  : EXTRAORDINARY

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES ANO PENSIONS

(Department of Personnel and Training)


NOTIFICATION

New Delhi, the 28th July, 2011


G.S.R. 585(E).—In exercise of the powers conferred by sub-section (1) of section 3 of the All India Services Act, 1951 (61 of 1951), the Central Government, after consultation with the Governments of the States concerned, hereby makes the following rules further to amend the All India Services (Death-cum-Retirement Benefits) Rules, 1958, namely :—


1 (1) These rules may be called the All India Services (Death-Cum-Retirement Benefits) Amendment Rules, 2011.


(2) They shall come into force from the date of their publication in the Official Gazette.


In the All India Services (Death-Cum-Retirement Benefits) Rules, 1958, in rule 5, after sub-rule (1), the following sub-rule shall be inserted, namely:


"(1A) (i) The Central Government may permit a member of service to withdraw his resignation in the public interest on the following conditions, namely:-


(a) that the resignation was tendered by the member of service for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him/her to tender the resignation;


(b) that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the member concerned was in no way improper;


(C) that the period of absence from duty between the date on which the resignation became effective and the date on which the member is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days;


(d) that the post, which was vacated by the member of service on the acceptance of his/her resignation or any other comparable post, is available


(ii) Request for withdrawal of a resignation shall not be accepted by the Central Government where a member of service resigns his/her service or post with a view to taking up an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by the Government.


(iii) Request for withdrawal of resignation shall not be accepted by the Central Government where a member of the Service resigns from his/her service or post with a view to be associated with, any political parties or any organisation which takes part in politics, or to take part in, or subscribe in aid of, or assist in any other manner, any political movement or political activity or to canvass or otherwise interfere with, or use his/her influence in connection with, or take part in, an election to any legislature or local authority.


(iv) When an order is passed by the Central Government allowing a member to withdraw his/her resignation and to resume duty, the order shall be deemed to include the condonation of interruption in service but the period of interruption shall not count as qualifying service.


[F. No 24012/10/2010-AIS (II)]

DEEPTI UMASANKAR,  Director (Services)


Source: www.persmin.nic.in
[http://persmin.gov.in/WriteReadData/CircularPortal/D2/D02ser/24012_10_2010-AIS-II-28072011.pdf]

Dopt orders

On-line processing of Recruitment Rules - Formulation/amendment.

MOST IMMEDIATE

No. AB.14017/63/2007-Estt(RR)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

New Delhi
Dated the 28th July, 2011

OFFICE MEMORANDUM

Subject:- On-line processing of Recruitment Rules - Formulation/amendment.

             The Department of Personnel and Training in consultation with NIC has developed a software package for submitting the proposals for framing/amendment of RRs in the on-line process In the first phase, 15 Ministries/Departments had been included and proposals on RRs from these Ministries/Departments are being processed on line before considering them for final approval in the concerned file received physically. A copy of the User Manual on Recruitment Rules Formulation
Amendments Monitoring system (RRFAMS) prepared by the NIC, DOPT is enclosed

2. It is now proposed to extend the software to all the Ministries/Departments for which a Workshop is proposed to be conducted in ISTM during September, 2011 for hands-on experience of the software package. The proposals on framing/amendment of RRs from the Ministries/Departments shall require to be submitted on-line and which shall be examined by this Department on-line. Once it is approved in the on-line system, the files need to be sent along with the printout of the RRs approved for formal approval by this Department.

3. It is requested that the Ministries/Departments may identify the concerned nodal officers (not below the level of Section Officer) who shall be dealing with formulation of Recruitment Rules etc for deputing them to the Workshop alongwith the officers from NIC in the Ministry/Department. The exact dates of the workshop will be intimated soon.

sd/-
(Smita
Director)
Director (E.I)

Source : www.persmin.nic.in
[http://persmin.gov.in/WriteReadData/CircularPortal/D2/D02est/14017_63_2007-Estt-RR-28072011.pdf]

Dopt orders

One more Clarification on Children Education Allowance from DOPT

No. 20011/5/2008-AIS-II
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi-110001
Dated the 25th July, 2011.
           To The Chief Secretaries of all the State Governments/UTs. Subject: Clarification on Children Education Allowance. Sir, I am directed to enclose herewith a copy of this Department’s O.M.No.21011/16/2009-Estt.(AL), dated 17th June, 2011 and to state that clarification issued by the Central Government on Children Education Allowance vide this O.M. would also be applicable in respect of All India Services officers.
Yours faithfully, sd/-
(Yash Pal)
Desk Officer
No.21011/16/2OO9-Estt.(AL)
Government of India
Ministry of Personnel, PG. & Pensions
Department ot Personnel & Training
****
New Delhi, Dated 17th June, 2011
OFFICE MEMORANDUM
Subject: - Clarification on Children Education Allowance
              The undersigned is directed to refer to DOP&T O.M. No. 12011/03/2008-Estt(Allowance) dated 02-09-2008 and clarificatory O.M No.12011/16/2009-Estt.(AL) dated 13.11.2009 on the Children Education Allowance(CEA) Scheme, this Department has been receiving references from various Departments seeking further clarifications. The doubts raised are clarified as under:-
(i) whether Children Education Allowance would be admissible beyond two children due to failure of sterilization operation. The reimbursement of Children Education Allowance is admissible only for the first child born after failure of sterilization operation
(ii) whether the admissible amount per annum per child (annual ceiling of Rs. 15000/-) on account of CEA can be reimbursed in full in the first quarter of the financial academic year itself. It is clarified that a Government servant is allowed to get 50% of the total total amount subject annual ceiling in the first quarter and the remaining amount in third and or fourth quarter. Frontloading of the entire amount in the first and second quarters is not allowed.
sd/-
(Vibha Govil Mishra)
Deputy Secretary (P&A)

Source: www.persmin.nic.in

[http://persmin.gov.in/WriteReadData/CircularPortal/D2/D02ser/20011_5_2008-AIS-II-25072011.pdf]

Dopt orders

Children Education Allowance
7th CPC Children Education Allowance
Cabinet Decision on On Thursday, June 29, 2017
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7th CPC Children Education Allowance
DoPT Orders on 16.8.2017
No.A-27012/02/2017-Estt.(AL)
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Educational Concession to Children of 
Armed Forces Officers/PBORs – DESW Order
No.6(l)/2009/Edu. Concession/ D(Res.-II)
Dated: 13th Sept, 2017
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Hostel Subsidy to Railway Employees
RBE No.147/2017 Dt:12.10.2017
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Children Education Allowance (CEA)
Report of the Committee on Allowances
(Para 8.17.17)
24.10.2017
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West Bengal looking for centre's assistance to release Dearness Allowance before 'Durga Puja'

West Bengal looking for centre's assistance to release Dearness Allowance before 'Durga Puja'

          Stuck in a financial crisis, the new government is not in a position to fulfil its non-plan commitments. "Development plans can be made only after the PM gives us specific assurance about the fund release," a senior Cabinet minister said, adding the government can't even foot the dearness allowance bills that state employees will be expecting ahead of the Pujas. With a low revenue flow till September, the government can't plan a full-fledged budget and is mulling the vote-on-account route yet again.

The deprived state Govt. employees are already behind 16% point of D.A. in comparison to their central counterparts. Another 7% is going to be added to the central employees w.e.f 01.07.11, making the difference wider.

P.M. Manmohan Singh will meet Mamata Banerjee during his visit to Kolkata on August 21 to pacify her over the promised financial bailout package to Bengal that is still awaited. Singh has agreed to do the troubleshooting at a stage when the party's most experienced negotiator, finance minister Pranab Mukherjee has hit a stumbling block over doling out funds to Bengal, which is yet to carve out its own revenue growth path.

The PM will be in the city on August 21 as guest to the state's three premier academic institutions - Saha Institute of Nuclear Physics, IIM Joka and IIT Kharagpur. The same evening, he will meet Mamata at Raj Bhavan.
[With inputs from Times of India]

Courtesy : www.paycommissionupdate.blogspot.com

STATE HAS A CONSTITUTIONAL OBLIGATION TO BEAR THE MEDICAL EXPENSES OF EMPLOYEES WHILE IN SERVICE AND ALSO AFTER THEY ARE RETIRED - WHETHER A MEMBER OF CGHS OR NOT DELHI H C GRANTS REIMBURSEMENT WITH 18% INTEREST


STATE HAS A CONSTITUTIONAL OBLIGATION TO BEAR THE MEDICAL EXPENSES OF EMPLOYEES WHILE IN SERVICE AND ALSO AFTER THEY ARE RETIRED - WHETHER A MEMBER OF CGHS OR NOT
DELHI H C GRANTS REIMBURSEMENT WITH 18% INTEREST

1. By the present petition filed under Article 226 of the Constitution of India, the petitioner seeks directions to direct the  respondents for reimbursement of the medical expenses incurred by the petitioner.

2. The issue is no more res Integra as in the case of S K Sharma (supra), this Court clearly held that the  petitioner after getting retired cannot be denied the benefit of the medical reimbursement simply because of the  fact that he did not opt for the said scheme. 

3. In this case also the claim of the  employee was rejected  on the ground that he was not covered under the CGHS Rule not being a part of the scheme but still a retired Central Government employee residing in non-CGHS area can make a CGHS card for himself and his dependent family members from the nearest centre where CGHS is functional. 

4. Further placing reliance on some authoritative pronouncements of the Apex Court, this Court in the above case took a view that the petitioner cannot be  discriminated against, merely because he is not a member of the CGHS scheme as he was staying in a non-CGHS area. 

5. In this cIt is a settled legal position that the Government employee during his life time or after his retirement is entitled to get the benefit of the 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. 

6. Under Article 21 of the Constitution of India, the State has a constitutional obligation to bear the medical expenses of Government employees while in service and also after they are retired. 

7. Clearly in the present case by taking a very inhuman approach, these officials have denied the grant of medical reimbursement to the W P (C) No 889/2007 petitioner forcing him to approach this Court. 

8. The respondents did not bother even after the judgment of this Court was brought to their notice and copy of the same was placed by the petitioner along with the present petition.

9. The respondents are directed to pay the said medical claim of the petitioner along with 18% interest from the date of submission of his bill. The said payment shall be made by the respondent within one month from the date of this order. Additional costs of Rs. 10,000/- is also imposed on  the respondents for causing delay in making the said
payment to the petitioner.

[Kishan Chand vs Govt of NCT of Delhi & Ors - Delhi High Court - WP(C) No 889 /2007]

Courtesy : IRTSA



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