BRING BACK STANDARD DEDUCTION

ICAI's Suggestion for bringing Back The Standard Deduction
The Institute of Charted Accountants of India has suggested bring back standard deduction in the regular budget which if accepted will be cheered by millions of salaried employees
"Standard deduction should be restored," the Institute of Chartered Accountants of India (ICAI) said in its pre-Budget memorandum to the government. If the suggestion goes well with the government, it could result in restoration of standard deduction of some amount in the taxable income of salaried employees and could lessen the tax burden on them.
"This is a form of relief measure we are suggesting for salaried class. If there are some expenses which are allowable in case of other head, then why not salary?"ICAI President Uttam Prakash Aggarwal said.
Standard deduction was given to employees to compensate for the expenses incurred by them like conveyance for earning their salaries.
Taking into account the recommendations of the Kelkar Committee on Direct taxes, the then Finance Minister P Chidambaram had announced abolition of standard deduction in the Budget 2005-06. It was abolished with effect from April 1, 2006. Standard deduction of 40 per cent of employee's salary or Rs 30,000, whichever was less, was allowed for employees whose salary was not more than Rs 5 lakh. Besides, for employees with salary of more than Rs 5 lakh, a deduction of Rs 20,000 was allowed.
Meanwhile, among other suggestions for direct taxes, ICAI has suggested that corporates' agricultural activities should be brought into the tax net. With the expansion of the agri-business, many corporates are undertaking composite activities in agriculture, the institute said. "It is suggested that agricultural activities carried on by corporates may be brought into the scope of the tax net," ICAI said.

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DEPUTATION ALLOWANCE REVISED

Deputation Allowance Revised For Personal Staff of Ministers.
No. 2/23/2008-Estt. (Pay II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

SUbject: Revision of the rates of Deputation (Duty) Allowance/pay fixation on appointment on the personal Staff of Ministers - regarding.

Consequent upon the implementation of the recommendations of the sixth Central Pay Commission, the President is pleased to decide that in supersession of all earlier orders on the sUbject, the pay of employees who are appointed on the personal staff of Ministers will be regulated in the following manner: -
I. OFFICERS OF CENTRAL GOVERNMENT/AUTONOMOUS BODIES APPOINTED ON THE PERSONAL STAFF OF MINISTERS:
(i) When officers of the Central Government/Autonomous Bodies holding posts at
lower levels or those who are not cleared for appointments at levels at which the postin the Personal Staff of Minister exists are appointed to higher posts, in addition to their basic pay, they may be allowed Deputation (Duty) Allowance at the rate of 15% of the basic pay subject to a maximum of Rs. 4000 per month.
(ii) As regards officers who go on deputation to equivalent and/or analogous posts on the Personal Staff of the Ministers, in addition to their basic pay, they may be allowed Deputation (Duty) Allowance in accordance with this Department's O.M. No. 2/22 (B)/2008-Estt. (Pay-II) dated 3rd September 2008 on the subject of "Grant of Deputation (Duty) Allowance - Recommendations of the Sixth Central Pay Commission".
(iii) In the case of officers of All-India Services and Organized Group 'A' Services who are appointed on the Personal Staff of Ministers under the Central Staffing Scheme, they may be allowed Central Secretariat (Deputation on Tenure) Allowance in accordance with this Department's O.M. No. 2/22(A)/2008-Estt. (Pay II) dated 3rd September, 2008 on the SUbject of revision of the rates of Central Secretariat (Deputation on Tenure) Allowance and Special Pay applicable etc. in the case of organized Group 'A' officers; and as per the provisions of relevant Pay Rules in the case of All-India Services officers.
II. OFFICERS FROM THE STATE GOVERNMENT/PUBLIC SECTOR
UNDERTAKINGS APPOINTED ON THE PERSONAL STAFF OF MINISTERS:
In the case of officers from State Governments/Public Sector Undertakings, their
terms of appointment may be governed by the orders contained in this Department's O.M. No. 2/29/91 - Estt. (Pay II) dated 5th January 1994. The rate of Deputation (Duty) Allowance payable in their case will be in accordance with this Department's O.M. No. 2/22(B)/200-Estt. (Pay-II) dated 3rd September 2008 on the subject of "Grant of Deputation (Duty) Allowance - Recommendations of the Sixth pay Commission".
III. OFFICERS FROM PRIVATE SECTOR APPOINTED ON THE PERSONAL STAFF OF MINISTERS:
In the case of officers from Private Sector appointed on the Personal Staff of the
Minister, they may be granted the grade pay corresponding to the post in which they are appointed and their pay in the pay band may normally be fixed at the entry level pay prescribed for their grade pay vide Section II, Part A of First Schedule to the CSS (RP) Rules, 2008. However, where it is proposed to fix their pay by granting advance increment(s), the approval of this Department will have to be obtained.
2. Basic pay in the revised pay structure means the pay drawn in the
prescribed pay band plus the applicable grade pay but does not include any other typeof pay like special pay, etc.
3.These orders shall come into effect w.e.f .1.9.2008
4. Insofar as persons serving in the Indian Audit & Account Department are
concerned, these orders issue after consultation with the Comptroller & Auditor
General of India.
(Rita Mathur)
Director

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AUTHORIZATION FOR ATTACHMENT OF PROPERTY

Attachment of Property Procured by means of the Sheduled Offence
No.219112/2009-AVD-II
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
New Delhi dated the 13th May, 2009.
OFFICE MEMORANDUM
Subject: - Authorization of the Central Government to file an application u/s 3 of the Criminal Law (Amendment) Ordinance, 1944 for attachment of the money or property procured by means of the scheduled offence.
The undersigned is directed to say that for attachment and forfeittrre of illegally acquired property of public servants, the CBI/Prosecution Agency is presently invoking the provisions of the Criminal Law (Amendment) Ordinance, 1944 (Ordinance No. 38 of 1944) .
2. It has been observed that although,"Central Government' has not been defined in the said Ordinance, the Central Bureau of Investigation (CBI) has been requesting the Department of Personnel & Training seeking authorization of the Central Government to file an application u/s 3 of the Criminal Law (Amendment) Ordinance, 1944 for attachment of the money or property procured by means of the scheduled offence, in the cases investigated by the CBI. It has now
been decided to issue these instructions to clarify and settle the definition of Central Government for the purpose of the Prevention of Corruption Act, 1988 and Criminal Law (Amendment) Ordinance,1944.
3. Under Section 5(6) of the Prevention of Corruption Act, 1988, a Special Judge while trying an offence punishable under this Act, shall exercise all the powers and functions exercisable by a District Judge under the Criminal Law (Amendment) Ordinance, .1944 (Ordinance 38
of 1944). As per Section 19 of the P.C. Act, 1988 previous sanction is necessary -
(1) No court shall take cognizance of an offence punishable under section 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction,-
(a) in the case of a person who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central Government, of that Government;
(b) in the case of a person who is employed in connection with the affairs of a State and is not removable from his office save by or with the sanction of the State Government, of that Government;
(c) in the case of any other person, of the authority competent to remove him from his office.
(2) Where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the Central Government or the State Government or any other authority, such sanction shall be given by that Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed.
4. Under Section 3 of the Criminal Law (Amendment) Ordinance, 1944, if the State Government or the Central Government, as the case may be, has reason to believe that any person has committed (whether after commencement of this ordinance or not) any scheduled offence,
the State Govei~iment-or the Centrul Government, as the case may be, may whether or not any court has taken cognizance of the offence, authorize for making of an application to the District Judge within the local limits of whpse jurisdiction the said person ordinarily resides or
carries on business, for the attachment under this ordinance of the money or other property which the State Government or the Central Govermnent believes the said person to have procured by means, of the offence, or if such money or property cannot for any reason, be
attached or other property of the said person of value as nearly as may be equivalent to that of the aforesaid money or other property.
5. The matter has been considered in consultation with the Ministry of Law and Justice, as to which MinistrylDepartment/ Authority may be considered the "Central Government'; for the purpose of Section 3 of Criminal Law (Amendment) Ordinance, 1944. In the light of the said
provisions of the PC Act, 1988, admittedly the sanction for prosecution in respect of a public servant under PC Act has to be given by such Government or authority which would be competent to remove the public servant from his office. Since the properties referred to in
Section 3 would have a correlation with the offence committed under the PC Act, the obvious conclusion would be that the authorization u/s 3 of the Criminal Law (Amendment) Ordinance,
1944 (Ordinance No. 38 of 1944) would also have to be given by such authority who would be competent to accord sanction u/s 19 of PC Act, in a given case.
6. In accordance with. the above, it has been decided that henceforth, all references seeking authorization of Central Government to file an application uls 3 of the Criminal Law (Amendment) Ordinance, 1944 for attachment of the money or property procured by means of the scheduled offence by the person, who is employed in connection with the affairs of the Union and is not removable from hisoffice save by or with the sanction of the Central Government, shall be addressed to the competent authority who accorded sanction of prosecution under section 19(1) of the PC Act, 1988.
(Manisha Saxena)
Deputy Secretary to the Govt. of India
Tele:23094319

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MODIFIED ASSURED CAREER PROGRESSION SCHEME-MACPS

SOME IMPORTANT ILLUSTRATION OF MACPS

· The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1 , Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. ln such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organisation will be given only at the time of regular promotion.

· The financial upgradation s under the MACPS would be admissible up-to the highest grade pay of Rs. 12000/ in the PB-4.

· Benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the Scheme. Therefore, the pay shall be raised by 3% of the total pay in the pay band and the grade pay drawn before such upgradation. There shall, however, be no further fixation of pay at the time of regular promotion if it is in the same grade pay as granted under MACPS. However, at the time of actual promotion if it happens to be in a post carrying higher grade pay than what is available under MACPS, no pay fixation would be available and only difference of grade pay would be made available. To illustrate, in case a Government Servant joins as a direct recruit in the grade pay of Rs. 1900 in PB-l and he gets no promotion till completion of 10 years of service, he will be granted financial upgradation under MACPS in the next higher grade pay of Rs. 2000 and his pay will be fixed by granting him one increment plus the difference of grade pay (i.e. Rs. 100). After availing financial upgradation under MACPS, if the Government servant gets his regular promotion in the hierarchy of his cadre, which is to the grade of Rs. 2400, on regular promotion, he will only be granted the difference of grade pay between Rs. 2000 and Rs. 2400. No additional increment win be granted at this stage.

· The pre-revised hierarchy (in ascending order) in a particular organization was as under: -Rs.5000-8000,Rs5500-9000&,Rs6500-10500
a) A Government servant who was recruited in the hierarchy in the pre-revised pay scale Rs. 5000-8000 and who did not get a promotion even after 25 years of service prior to 1.1.2006,in his case as on 1.1.2006he would have got two financial upgradations under ACP to the next grades in the hierarchy of his organization, i,e., to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500.
b) Another Government servant recruited in the same hierarchy in the pre-revised scale of Rs. 5000-8000 has also completed about 25 years of service, but he got two promotions to the next higher grades of Rs. 5500-9000 & Rs. 6500-10500 during this period.

ln the case of both (a) and (b) above, the promotions/financial upgradations granted under ACP to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500 prior to 1.1.2006will be ignored on account of merger of the pre-revised scales of Rs. 5000-8000, Rs. 5500-9000 and Rs. 6500-10500 recommended by the Sixth cpc.
As per CCS (RP) Rules, both of them will be granted grade pay of Rs. 4200 in the pay band PB-2. After the implementation of MACPS, two financial upgradations will be granted both in the case of (a) and (b) above to the next higher grade pays of Rs. 4600 and Rs. 4800 in the pay band PB.2

ILLUSTRATION-I

· lf a Government servant (LDC) in PB-l in the Grade Pay of Rs.19oo gets his first regular promotion (UDC) in the PB-l in the Grade Pay of Rs.2400 on completion of 8 years of service and then continues in the same Grade Pay for further 10 years without any promotion then he would be eligible for 2nd nnancial upgradation under the MACPS in the PB-l in the Grade Pay of Rs.2800 after completion of 18 years (8+10 years).
· (ii) ln case he does not get any promotion thereafter, then he would get 3rd financial upgradation in the PB-ll in Grade Pay of Rs.4200 on completion of further 10 years of service i.e. after 28 years (8+10+10).
· However, if he gets 2nd promotion after 5 years of further service in thepay PB-ll in the Grade Pay of Rs.4200 (Asstt. Grade/Grade "C") i.e. on completion of 23 years (8+1O+5years) then he would get 3rd financial upgradation after completion of 30 years i.e. 10 years after the 2nd ACP in the PB-ll in the Grade Pay of Rs.4600.
In the above scenario, the pay shall be raised by 3% of the total pay in the
Pay Band and Grade Pay drawn before such upgradation. There shall, however, be no further fixation of pay at the time of regular promotion if
it is in the same Grade Pay or in the higher Grade Pay. Only the
difference of grade pay would be admissible at the time of promotions.

ILLUSTRATION-II

· If a Government servant (LDC) in PB-I in the Grade Pay of Rs.1900 isgranted 1st financial upgradation under the MACPS on completion of 10 years of service in the PB-l in the Grade Pay of Rs.2000 and 5 years later he gets 1st regular promotion (UDC) in PB-I in the Grade Pay of Rs.2400, the 2nd financial upgradation under MACPS (in the next Grade Pay w.r.t. Grade Pay held by Government servant) will be granted on completion of 20 years of service in PB-I in the Grade Pay of Rs.2800. On completion of 30 years of service, he will get 3rd ACP in the Grade Pay of Rs. 4200. However, if two promotions are earned before completion of 20 years, only 3rd financial upgradation would be admissible on completion of 10 years of service in Grade Pay from the date 2nd promotion or at 30th year of service, whichever is earlier.

ILLUSTRATION-III

· If a Government servant has been granted either two regular promotionsor 2nd financial upgradation under the ACP Scheme of August, 1999 after completion of 24 years of regular service then only 3rd financial upgradation would be admissible to him under the MACPS on completion of 30 years of service provided that he has not earned third promotion in the hierarchy
view full details at: http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/35034_3_2008-Estt.(D).pdf

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TAX EXEMPTION LIMIT MAY GO UP

Tax Exemption limit Maybe Raised Upto Rs 2 lakh
The full budget to be presented by the new government in the forthcoming session of Parliament to begin sometime next month may come packed with some concessions for the middle class by way of raising the tax exemption limit to up to Rs 1.75-Rs 2 lakh from the current Rs 1.50 lakh.
The other benefit in the direct tax segments could be withdrawal of the Fringe Benefit Tax. If through, both these measures will result in a tax outgo of around Rs 10,000 crore. Proposals in this regard are under active consideration, indicated a senior official in the finance ministry. Raising of the tax exemption limit along with the withdrawal of FBT will act as another stimulus since the large middle class population will be left with more money in hand, especially at a time when the government is likely to release the remaining 60% salary arrears of the 6th Pay Commission.
The removal of FBT has also been mooted by the commerce ministry. It had also sought continuation of interest rate subsidy while seeking to further raise it from the existing 2% to4%.
Sources in the finance ministry said there is no scope for any further cuts in excise duty, customs or service tax as the indirect tax collections had slipped into negative domain towards the end of the last fiscal. With the widening fiscal gap, it is equally important for the government to keep its revenue stream rejuvenated to fund its developmental and social schemes.
The commerce ministry is firmly backing industry's proposals for extending tax sops to export-oriented units, besides the continuation of interest rate subvention till March 2010. In their proposals to the finance ministry, industry chambers had asked the government to include measures in the budget that would promote investment and create additional demand.
source ;The Economic Times

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MODIFIED ACP -DOPT ORDER

MODIFIED ASSURED CAREER PROGRESSION -DOPT ORDER
Government of lndia
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi, the 19th May, 2009
MODIFlED ASSURED CAREER PROGRESSION SCHEME (MACPS) FOR THE
CENTRAL GOVERNMENT CIVILIAN EMPLOYEES.
The Sixth Central Pay Commission in Para 6.1.15of its report, has recommended
Modified Assured Career Progression Scheme(MACPS). As per the recommendations,financial upgradation will be available in the next higher grade pay whenever an employee has completed 12 years continuous service in the same grade. However, not more than two financial upgradations shall be given in the entire career, as was provided in the previous Scheme. The Scheme will also be available to all posts belonging to Group "A" whether isolated or not. However, organised Group "A" services will not be covered under the Scheme
2. The Government has considered the recommendations of the Sixth Central Pay Commission for introduction of a MACPS and has accepted the same with further modification to grant three financial upgradations under the MACPS at intervals of 10, 20 and 30 years of continuous regular service.
3. The Scheme would be known as "MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS) FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES. This Scheme is in supersession of previous ACP Scheme and clarifications issued there under and shall be applicable to all regularly appointed Group "A", "B", and "C" Central Government Civilian Employees except officers of the Organised Group "A" Service. The status of Group "D" employees would cease on their completion of prescribed training, as recommended by the Sixth Central Pay Commission and would be treated as Group "C" employees. Casual employees, including those granted 'temporary status' and employees appointed in the Government only on adhoc or contract basis shall not qualify for benefits under the aforesaid Scheme. The details of the MACP Scheme and conditions for grant of the financial upgradation under the Scheme are given in Annexure-l.
4. An Screening Committee shall be constituted in each Department to consider the case for grant of financial upgradations uhder the MACP Scheme. The Screening Committee shall consist of a Chairperson and two members. The members of the Committee shall comprise officers holding posts which are at least one level above the grade in which the MACP is to be considered and not below the rank of Under Secretary equivalent in the Government. The Chairperson should generally be a grade above the members of the Committee.
5. The recommendations of the Screening Committee shall be placed before the Secretary in cases where the Committee is constituted in the MinistrylDepartment or before the Head of the organisation/competent authority in other cases for approval.
6. ln order to prevent undue strain on the administrative machinery, the Screening Committee shall follow a time-schedule and meet twice in a financial year - preferably in the first week of January and first week of July of a year for advance processing of the cases maturing in that half. Accordingly, cases maturing during the first-half (April- September) of a particular financial year shall be taken up for consideration by the Screening Committee meeting in the first week of January. Similarly, the Screening Committee meeting in the first week of July of any financial year shall process the cases that would be maturing during the second-half (October-March) of the same financial year.
7. However, to make the MACP Scheme operational, the Cadre Controlling Authorities shall constitute the first Screening Committee within a month from the date of issue of these instructions to consider the cases maturing upto 30th June, 2009 for grant of benefits under the MACPS.
8. ln so far as persons serving in The lndian Audit and Accounts Departments are concerned, these orders issue after consultation with the Comptroller and Auditor General of lndia.
9. Any interpretation/clarification of doubt as to the scope and meaning of the provisions of the MACP Scheme shall be given by the Department of Personnel and Training (Establishment-D). The scheme would be operational w.e.f. 01.09.2008. ln other words, financial upgradations as per the provisions of the earlier ACP Scheme (of August, 1999) would be granted till 31.08.2008.
10. No stepping up of pay in the pay band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACP Scheme.
11. It is clarified that no past cases would be re-opened. Further, while implementing the MACP Scheme, the differences in pay scales on account of grant of financial upgradation under the old ACP Scheme (of August 1999) and under the MACP Scheme within the same cadre shall not be construed as an anomaly.
S.JAINENDRKUMAR
Deputy Secretary to the Govt. Of lndia
To see the full details of the order ; http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/35034_3_2008-Estt.(D).pdf

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ACR MODIFIED AS APAR( ANNUAL PERFORMANCE ASSESSMENT REPORT)

The Nomanclature Of ACR Will Be Modified As APAR
No. 21011/1/2005-Estt (A) (Pt-II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi, 14th May, 2009
Subject:- Maintenance and preparation of Annual Performance Appraisal Reports communication of all entries for fairness and transparency in public
administration.
The undersigned is directed to invite the attention of the Ministries/Departments to the existing provisions in regard to preparation and maintenance of Annual Confidential Reports which inter-alia provide that only adverse remarks should be communicated to the officer
reported upon for representation, if any. The Supreme Court has held in their judgement dated 12.5.2008 in the case of Dev Dutt vs Union of India (Civil Appeal No.7631 of 2002) that the object of writing the confidential report and makin~ entries is to give an opportunity to the public servant to improve the performance. The 2° Administrative Reforms Commission in
their 10th Report has also recommended that the performance appraisal system for all services be made more consultative and transparent on the lines of the PAR of the All India Services.
2. Keeping in view the above position, the matter regarding communication of entries in the ACRs in the case of civil services under the Government of India has been further reviewed and the undersigned is directed to convey the following decisions of the Government:-
(i) The existing nomenclature of the Annual Confidential Report will be modified as Annual Performance Assessment Report (APAR).
(ii) The full APAR including the overall grade and assessment of integrity shall be communicated to the concerned officer after the Report is complete with the remarks of the Reviewing Officer and the Accepting Authority wherever such system is in vogue.Where Government servant has only one supervisory level above him as in the case of personal staff attached to officers, such communication shall be made after the reporting
officer has completed the performance assessment.
(iii) The Section entrusted with the maintenance of APARs after its receipt shall disclose the same to the officer reported upon.
(iv) The concerned officer shall be given the opportunity to make any representation against the entries and the final grading given in the Report within a period of fifteen days from the date of receipt of the entries in the APAR. The representation shall be restricted to the specific factual observations contained in the report leading to assessment of the
officer in terms of attributes, work output etc. While communicating the entries, it shall be made clear that in case no representation is received within the fifteen days, it shall be deemed that he/she has no representation to make. If the concerned APAR Section does not receive any information from the concerned officer on or before fifteen days from the date of disclosure, the APAR will be treated as final.
(v) The new system of communicating the entries in the APAR shall be made applicable prospectively only with effect from the reporting period 2008-09 which is to be initiated after 1st April 2009.
(vi) The competent authority for considering adverse remarks under the existing instructions may consider the representation, if necessary, in consultation with the reporting and/or reviewing officer and shall decide the matter objectively based on the material placed before him within a period of thirty days from the date of receipt of the representation.
(vii) The competent authority after due consideration may reject the representation or may accept and modify the APAR accordingly. The decision of the competent authority and the final grading shall be communicated to the officer reported upon within fifteen days of receipt of the decision of the competent authority by the concerned APAR Section.
3. All Ministries/Departments are requested to bring to the notice of all the offices under them for strict implementation of the above instructions.
(C.A. Subramanian)
Director

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FULL PENSION AFTER 20 YEARS OF SERVICE

F.No.38/37/08-P&PW(A)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners' Welfare
Lok Nayak Bhavan, New Delhi-110003
3rd Floor, Lok Nayak Bhawan Khan Market, New Delhi - 110003
12th May,2009
OFFICE MEMORANDUM
Subject:- Representations regarding. The undersingned is directed to say that in accordance with the instructions contained in this Department'sO.M.38/37/08-P&PW(A) dated 2.9.2008, as clarified vide O.M. dated 11.12.2008, those Government servantswho retired during 1.1.2006 to 1.9.2008 after completion of 33 years of qulifying service, will be eligible for full pension (i.e. 50% of the emoluments (pay last drawn) or 50% of average emoluments received duringthe last 10 months, whichever is more beneficial to the retiring employee) and the pension of those Government servants, who retired before 2.9.2008 with qualifying service of less than 33 years, will continueto be proprotionate to the full pension based on their actual qualifying service. 2. A large number of representations/references are being received in this Department mentioning that the above provisions are not in accordance with the law laid down by the Apex Court and are in violation of Article14 of the Constitution. It has been suggested in these representations that the provision regarding payment of full pension on completion of 20 years qualifying service may be made applicable to the Government employeeswho retired before 2.9.2008 also. 3. These representations/references have been examined in consultation with Ministry of Finance and Ministry of Law.The instructions/clarifications issued in this regard are in consonance with the decision of the Government on therecommendations of the Sixth Pay Commission. The Government by accepting various recommendations of the SixthPay Commission took a policy decision to implement them from different dates. The Government decided to implement the above recommendations regarding pension from 2.9.2008 without dividing a single homogenous class of pensionersinto two groups and subjecting them to diffrent treatment. In view of the above and also in the light of the various decisionsof the Hon'ble Supreme Court allowing the employer to fix a cut off date for introducing any new pension/retirement schemeor for discontinuance of any existing sheme, the decision of the Government in para 1 above is in accordance with the lawlaid down by the Apex Court and there in no violation of Article 14 of the Constitution. 4. In view of the above, no change is required to be made in the instructions already issued in this regard. 5. All references/representations received in this Department on the abve issue stand disposed off accordingly. (M.P.Singh) Director (PP)

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60% ARREARS FOR PENSIONERS IN 2009-2010

Clarification Regarding Payment Of 60% Arrears On revision of pension

The office of PCDA(pensions) issued a important circular regarding the payment of 60% arrears on revision of pension.

In accordance with instruction. Contained in para-10 of GOI, Ministry of P&PG and Pension, Deptt. Of P&PW O.M. F. No. 38/37/08- P&PW (A) dated 1st September.2008, 40% of arrears of Pension (up to August 2008) were to be paid in the year-2008-2009 and the remaining 60% in the year 2009-2010. In response to a number of representations/references seeking clarification in regard to payment of remaining 60% arrears of pension/family pension to old pensioners/family pensioners and to family members of those pensioners family pensioners who have since died, Department of pension & Pensioners’ Welfare have issued clarification vide their O.M. No. 38/37/08-P&PW (A) dated 12th February 2009, a copy of which is enclosed for
information and guidance of all Pension Disbursing Authorities.
2. As per clarification laid down in above Govt. O.M., no change is required to be made in the instructions already issued and payment of remaining 60% of arrears of pension/family pension for the period from 01-01-2006 to 31-08-2008 in respect of all pensioners/family pensioners who retired/died up to 31-08-2008 will be made in the year 2009-2010.

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MORE TRAINING NEEDED

Existing Skills Would Be Outdated Within Five Years
Nine out of 10 Indian employees in an international workplace survey said they feared that their current skills would be outdated within five years and felt that more training was vital to remain competitive in the job market.
The survey, conducted by global workforce solution provider Kelly Services comprising 100,000 people across the globe, including 5,000 from India, revealed that one third of the respondents believed that the training currently provided by their employers will not suffice to meet their future career needs.
Baby Boomers (aged 48-65) are most worried about the level of training they receive with 43 per cent stating that the same was not sufficient to upgrade skills and advance their careers, the survey indicated.
Ninety per cent of Gen Y (18-29) and Gen X (30-47) said that within the next five years their skills will need to be upgraded to keep pace with changes in workplace.
Sixty nine of the respondents said that training should be a joint responsibility between an employer and employee.
The preference of those surveyed is for on-the-job training (52 per cent), followed by professional development courses (33 per cent), self-initiated learnig (13 per cent) and formal or college education qualification (3 per cent).
"The current economic environment has made people well aware of their skills and whether they will be sufficient to see through the recession and beyond, into a period of economic recovery", said Dhrirent Shantilal, Senior VP, Asia Pacific.
source:The Economic Times

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JUDGEMENT TO FILLUP THE BACKLOG VACANCIES OF DISABLED

Judgement to constitute a committee to undertake special recruitment drive for persons with disabilities
No.3 6012/23/2009- Estt(Res )
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block
New Delhi, dated 4th May, 2009
OFFICE MEMORANDUM
Judgement of the High Court of Delhi in W.P.(C) No.15828/2006 National Federation of Blind Vs. DOl & Ors. - reg. The Hon'ble High Court of Delhi in W.P. (C) No.15828/2006 in the matter
of National Federation of the Blind Vs. DOl & Ors. has held that reservation for persons with disabilities should be computed on the basis of total strength of cadre i.e. both identified as well as unidentified posts and issued following directions :-
"i. We direct the respondents to constitute a committee consisting of the Chief Commissioner for Disabilities (Chairman), Joint Secretary, Department of Personnel and Training, Joint Secretary,
Ministry of Social Justice and Empowerment, Joint Secretary, Department of Public Enterprises, and Secretary, Staff Selection Commission to do the following acts in terms of this order:
(a) To solicit information with regard to recruitments made by departments/public sector undertakings/government companies from the date when the Disabilities Act came into force in 1996 and to work out backlog of vacancies for the disabled on the total cadre strength in different establishments within one month from the date of this order.
(b) To undertake special recruitment drive by organising centralised recruitment against backlog so worked out so as to fill up the by utilising at least 50% of the vacancies available with the establishments for this purpose only.
(c) To organise further special recruitment drive as required so as to fill up the remaining backlog of vacancies by 315t December, 2010.
ii. Respondent No.1 will issue an appropriate order modifying the OM dated 29.12.2005 and the subsequent OMs consistent with this Court's order.
iii. The respondent No. 1 shall issue instructions to all the departments/public sector undertakings/government companies that the non observance of the scheme of reservation for
persons with disabilities should be considered as an act of nonobedience and the Nodal Officer in departments/public sector under takings /government companies responsible for the proper strict implementation of reservation for person with disabilities to be departmentally proceeded against for his default.
IV. The Respondent No. 1 is further directed to issue instructions to all the departments/public sector undertakings/government companies as well as recruiting agencies not to undertake
recruitment for any department/public sector undertaking/ government company unless the department/public sector undertaking/government company makes provisions for reservation
for persons with disabilities in terms of the order of this Court and a clearance is granted by the Committee headed by the Chief Commissioner for Disabilities.
v. The Committee headed by the Chief Commissioner for Disabilities shall submit a status report on implementation for the above directions of this Court within three months from the date of
this order."
2. The Union of India has filed an SLP No.7541/2009 in the Supreme Court in the matter and has also filed an Interim Application for staying the operation of the order of the Hon'ble High Court. Meanwhile the National Federation of the Blind has filed a Contempt Case in the matter. The Hon'ble High Court has desired that since the Hon'ble Supreme Court has not stayed the operation of the order, it should be implemented. Without prejudice to the outcome of the order
of the Hon'ble Supreme Court, the undersigned is directed to say that all the establishments may implement the order of the Hon 'ble High Court of Delhi. It may be pointed out that this Department (Respondent No.1), without prejudice to the outcome of the order of the Hon 'ble Supreme Court, has already constituted a Committee on 23.3.2009 to workout the backlog on the basis of the judgment of the Hon'ble High Court and is in the process of modifying the OM No. 36035/3/2004-Estt.(Res.) dated 29.12.2005 regarding reservation for persons with
disabilities.
3. All the Ministries/Departments etc. are requested to bring the contents of
this OM to the notice of all concerned.
(K.G. Verma)
Director

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ADDITIONAL RELIEF IN NEW PENSION SCHEME

Additional Relief on Death/Disability Of Govt Employees in NPS
No.38/41/06/P&PW(A)
Government of India
Ministry of Personnel Grievances and Pensions
Department of Pension and Pensioners Welfare
Lok Nayak Bhawan Khan Market, New Delhi - 110 003 Dated 5th May, 2009
Subject : Additional Relief on death/disability of Government servants covered by the New Defined Contribution Pension System (NPS)
The undersingned is directed to say that the pension of the Government servants appointed on or after 1.1.2004 is regulated by the New Defined Contribution Pension System (Known as New Pension Scheme), notified by the Ministry of Finance (Department of Economic Affiairs) vide their O.M. No. 5/7/2003-ECB 2 PR dated 22.12.2003.
2. On introduction of New Pension Scheme, among others, the Central Civil Service (Pension) Rules, 1972 and the Central Civil Services (Extraordinary Pension) Rules were amended on 30.12.2003. Under the amended Rules, the benefits of Invalid Pension/Disability Award and Family Pension/Extraordinary Family Pension/Liberalized Pensionary Award relief are not available to the Government servants appointed on or after 1.1.2004.
3. Ministry of Finance (Department of Economic Affairs) has subsequently clarified that the New Pension Scheme is a replacement for only pension under normal circumstances and family pension in case of death of employees after retirement.
4. A High Level Task Force (HLTF) constituted by the Government has recommended certain additional benefits that can be provided on death or discharge on invalidation/disability of a Government servant covered by the New Pension Scheme. It is likely to take some time before the rules regulating these benefits under the New Pension System are put in place.
5. Meanwhile, considering the hardships being faced by the employees appointed on or after 1.1.2004 who are discharged on invalidation/disablement and by the families of such employees who have died during service since 1.1.2004, the President to extend the following benefits to Central Civil Government Servants covered by the New Pension Scheme, on provisional basis till further orders:
(I) Retirement from Government service on invalidation not attributable to Government duty:
(i) Invalid Pension calculated in terms of Rules 38 and Rule 49 of the Central Civil Services (Pension ) Rules, 1972.
(ii) Retirement gratuity calculated in terms of Rule 50 of the Central Civil Services (Pension) Rules, 1972.
(II) Death in service not attributable to Government duty:
(i) Family Pensin (including enhanced family pension) computed in terms of Rule 54 of the Central Civil Service (Pension) Rules, 1972.
(ii) Death / Gratuity computed in terms of Rule 50 of the Central Civil Service (Pension) Rules, 1972.
(III) Discharge from Government service due to disease/injury attributable to Government duty:
(i) Disability Pension computed in terms of the Central Civil Service (Extraordinary Pension) Rules.
(ii) Retirement Gratuity computed in terms of the Central Civil Service (Extraordinary Pension) Rules read with Rule 50 of the Central Civil Service (Pension) Rules, 1972.
(IV) Death in service attributable to Government duty:
(i) Extraordinary Family Pension computed in terms of Central Civil Service (Extraordinary Pension) Rules and Scheme for Liberalised Pensionary Awards.
(ii) Death gratuity computed in terms of Rule 50 of the Central Civil Service (Pension) Rules,1972. The employee / his family will also be paid Dearness Pension / Dearness Relief admissible from time to time in addition to the above benefits, on provisional basis.
6. The above provisional payments will be adjusted against the payments to be made in accordance with the Rules framed on the recommendations of the HLTF and recoveries, if any, will be made from the future payments to be made on the basis of those rules.
7. The recommendations of the HLTF encisage payment of various benefits on death/discharge of a Government employee after adjustment of the monthly annuitised pension from the accumulated funds in the NPS Account of the employee. Therefore, no payment on monthly-annuitised pension will be made to the employee/family of the employee during the period he/she is in receipt of the provisional benefits mentioned in para 5 above.
8. In case where, on discharge/death of the employee, the amount of accumulatd funds in the NPS Account have been paid to the employee/family of the employee, the amount of monthly-annuitised pension from the date of discharge/death will be worked out in accordance with the rules/regulations to be notified by the Department of Financial Service/PFRDA and the same will be adjusted against the payment of benefits/relief after the notified rules in this respect are in place.
9. These instructions will be applicable to those Government servants who joined Government service on or after 1.1.2004 and will take effect from the same date i.e. 1.1.2004.
10. This Order issues with the concurrence of Ministry of Finance (Deapartment of Expenditure) vide their U.O.No. 127/EV/2009 dated 13.4.209.
(M.P.Singh) Director

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ONE RANK - ONE PENSION

Govt Sets Up Panel To Look Into One Rank-One Pension Demand
With a large number of ex-servicemen vowing to vote for BJP in the Lok Sabha polls, the UPA government today set up a high-level committee under Cabinet Secretary K M Chandrasekhar to consider their 'One Rank-One Pension' (OROP) demand and reduce the gap in pensionary benefits of the 1.5-million-strong armed forces.
Defence ministry also set up another committee under Secretary (defence finance) Indu Liberhan to sort out anomalies in the implementation of orders relating to armed forces pensioners.
"The government has set up a high-level committee headed by the Cabinet Secretary to reduce the gap in pensionary benefits to jawans and officers, and bring it as close to 'one rank-one pension' as possible," a source said here.
The other members of the high-level committee would be the Defence Secretary Vijay Singh, Home Secretary Madhukar Gupta, Secretary Personnel Rahul Sarin, Secretary Expenditure Sushma Nath and Secretary Ex-Servicemen Welfare S M Acharya, sources said.
The ex-servicemen organisations have been pressing for the long-pending demand for OROP and they did so during the Sixth Pay Commission, too. However, the Defence Ministry has held to its view that it would be difficult for it to accept this demand.
source:PTI

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