Tuesday, August 14, 2018

Retirement Age of Doctors: Amendment in FR-56


Retirement Age of Doctors: Amendment in FR-56
“Provided that the age of superannuation in respect of the doctors belonging to the General Duty Medical Officers sub-cadre of Central Armed Police Forces and Assam Rifles and Specialist Medical officers of Central Armed Police Forces and Assam Rifles shall be sixty-five years.”

The Gazette of India
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
NOTIFICATION
New Delhi, the 11th August, 2018
G.S.R. 767(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Fundamental Rules, 1922, namely :—
1. Short title and commencement.—(1)These rules may be called the Fundamental (Second Amendment) Rules, 2018.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Fundamental Rules, 1922, in rule 56, for clause (bb), the following shall be substituted, namely:- “(bb) (i) The age of superannuation in respect of the doctors belonging to–
(i) Central Health Service; (ii) Indian Railways Medical Service; (iii) AYUSH and working under the Ministry of AYUSH; (iv) Civilian doctors under the Directorate General of Armed Forces Medical Service; (v) Medical Officers of the Indian Ordnance Factories Health Service; (vi) Dental Doctors under the Department of Health and Family Welfare; (vii) Dental doctors under the Ministry of Railways; and (viii) General Duty Medical Officers, Specialist Grade doctors and Teaching Medical Faculty working in Bhopal Memorial Hospital and Research Centre,
shall be sixty-two years unless they exercise the option of posting to Teaching, Clinical, Patient Care, Implementation of Health programmes, Public Health programmes and functions including advisory and consultancy depending on their expertise and experience, as decided by the competent authority in the concerned Ministry or Department from time to time, in case they desire to continue in their service upto the age of sixty-five years:
Provided that the age of superannuation in respect of the doctors belonging to the General Duty Medical Officers sub-cadre of Central Armed Police Forces and Assam Rifles and Specialist Medical officers of Central Armed Police Forces and Assam Rifles shall be sixty-five years.
(ii) The serving doctors belonging to the services referred to in sub-clause (i) who have either already attained the age of sixty-two years or attaining the age of sixty-two years within six months from the date of publication of these amendment rules in the Official Gazette, may exercise their option in regard to their posting to Teaching, Clinical, Patient Care, Implementation of Health programmes, Public Health programmes and functions including advisory and consultancy as specified in sub-clause (i), within a period of thirty days from the date of the commencement of the Fundamental (Second Amendment) Rules, 2018.
(iii) The serving doctors who fail to exercise the option in regard to their posting to Teaching, Clinical, Patient Care, Implementation of Health programmes, Public Health programmes and functions including advisory and consultancy as specified in sub-clause (i), within the period specified in sub- clause (ii), shall be superannuated form their service on attaining the age of sixty-two years or on expiry of a period of thirty days from the date of the commencement of the Fundamental (Second Amendment) Rules, 2018, whichever is later. ”.
[F. No. 25012/4/2016-Estt.(A-IV)]
GYANENDRA DEV TRIPATHI, Jt. Secy.
Note : The Fundamental Rules were published in the Gazette of India on the 1st day of January, 1922 and were last amended vide notification number G.S.R. 27(E), dated the 5th January, 2018.
Authority: http://egazette.nic.in
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Monday, August 13, 2018

Increase of Fitment Factor from 2.57 to 3.68 under 7th CPC?


Increase of fitment factor under 7th Pay Commission Increase of fitment factor from 2.57 to 3.68 under 7th CPC? 

Is Government Contemplating to Increase Fitment Factor from 2.57 to 3.68 under 7th CPC? – Parliament Q&A

Increase of fitment factor under 7th CPC
RAJYA SABHA UNSTARRED QUESTION NO-2273 ANSWERED ON-07.08.2018
Shri Ravi Prakash Verma Shri Neeraj Shekhar
(a) whether Government is contemplating to increase fitment factor from 2.57 to 3.68 under 7th CPC to all pay levels, as demanded by employees associations;
(b) if so, the details thereof and by when it would be announced; and
(c) if not, the reasons for betrayal from assurances given by Home Minister and Railway Minister etc. to employees associations in 2016?
Also read: Minimum Pay increased to 21000 – No Scope Anymore to Continue this Story
ANSWER MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI P. RADHAKRISHNAN)
(a) to (c): The Minimum Pay of Rs. 18,000 p.m. and Fitment Factor of 2.57 are based on the specific recommendations of the 7th Central Pay Commission in the light of the relevant factors taken into account by it. Therefore, no change therein is at present under consideration.
Authority: https://rajyasabha.nic.in/
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Change in Referral System – ECHS follow CGHS Norms


Change in Referral System – ECHS follow CGHS Norms

Change In System of Referral – No Referral To Be In The Name Of Any Private Empanelled Medical Facility

F.No.18(54)/2018/WE/D(Res-1) Government of India Department of Ex Servicemen Welfare D(WE)

New Delhi, dated 02 August. 2018

To Managing Director Ex-servicemen Contributory Health Scheme, Maude Line, Delhi Cantt

Subject: Change in System of Referral- No referral to be in the Name of any Private Empanelled Medical Facility.

Sir, The undersigned is direct to state that as per the Ministry of Health & Family Welfare OM No.Z15025/105/2017/DIR/CGHS/EHS dated 09.11.2017 the CGHS doctor / Government Specialist shall not refer the beneficiary to any particular empanelled hospital by name but shall specify the treatment procedure and mention “referred to any CGHS empanelled centre”

2. ECHS has to follow the CGHS Norms. However, it is seen that doctors at CHS Polyclinics are issuing referrals by name to specific Pvt. Empanelled Medical Facilities.

3. In view of the above, it has been decided by the competent authority that henceforth no ECHS doctor will issue referrals by name to any Pvt. Empanelled Medical Facility. The ECHS doctors shall mention on the prescription the treatment procedure/tests required by the ECHS beneficiary and then write as follows:

“Referred to any ECHS Empanelled Medical Facility located within the Area of Responsibility of Regional Centre, (Name of City).”

Also read: CGHS Empanelled Hospitals, Diagnostic Centres Search Tool

4. CO, ECHS and RC, ECHS will ensure that the list of Pvt. Empanelled Medical Facilities along with the medical treatment procedures/tests for which they have been empanelled is prominently displayed on the website of ECHS, Regional Centre wise. OIC, of every Polyclinic, will be responsible for ensuring that hard copies of this list downloaded from ECHS website is kept in the Polyclinic in sufficient numbers and given to the ECHS beneficiary whenever demanded. If any change lakes place in this list, it shall be the responsibility of Director RC, ECHS concerned ensure display of the corrected/amended list on the website of ECHS without any delay.

5. Whenever an ECHS beneficiary approaches a Pvt. Empanelled Medical Facility with such a referral from ECHS Polyclinic and the Pvt. Empanelled Medical Facility is not empanelled by Ministry of Defence (MoD) for the required treatment procedure / tests, it shall be the responsibility of the Pvt. Empanelled Medical Facility to inform the beneficiary that it is not empanelled for the required treatment procedure / tests. If any Pvt. Empanelled Medical Facility is found providing treatment procedure / conducting tests to such an ECHS beneficiary for which it is not empanelled, then apart from not reimbursing the expenses incurred by the Medical Facility on such treatment, action will be taken against the said ECHS Empanelled Pvt Medical Facility under the rules / as per the provisions of Memorandum of Agreement (MoA).

6. No ECHS Polyclinic Officer/Official/Doctor should indulge in any action force canvassing for/against any ECHS empanelled Pvt. Medical Facility.

7. The above orders shall come into force with immediate effect.

sd/- (A.K. Karn) Under Secretary to the Government of India

Click to view order

Authority:https://echs.gov.in/

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Kerala Ad-Hoc Bonus 2018 – Orders issued


Kerala Ad-Hoc Bonus 2018 – Orders issued

Kerala Govt Ad-Hoc Bonus 2018 – Orders Issued

The State Government of Kerala has issued orders for sanctioning Ad hoc Bonus (Rs.4000) /Special Festival Allowance (Rs.2750) to the State Government Employees, Employees of Aided Educational Institutions, Full-time Contingent Employees and other categories of Staff subject to the conditions specified in this order.
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MACP Joint Committee: Implementing MACP Effect From Jan 2006


MACP Joint Committee: Implementing MACP Effect From Jan 2006

Item No.2,10 and 48 of the Joint Committee of MACP — Agenda items of the Standing Committee

Shiva Gopal Mishra Secretary
Ph: 23382286 
National Council (Staff Side) 
Joint Consultation, Machinery 
For Central Government Employees 
13-C, Ferozshah Road, New Delhi – 110001 
E.Mail : nc.jcm.np@gmail.com
No.NC-JCM-2017/MACP
Dated: August 7, 2018
The Secretary, 
Department of Personnel & Training, 
North Block,
 New Delhi

Sub:- Item No.2,10 and 48 of the Joint Committee of MACP — Agenda items of the Standing Committee
Ref:- 1. This office letter of even number dated 16/01/2018 and 27/03/2018 2. MOD letter No.14(1)/99-D(AG) dated 25th July 2018
Dear Sir, This office vide Letters referred at 1 above dated 16/01/2018 and 27/03/2018 has represented to your good self to make the MACP scheme effective from 1/1/2006 since the Hon’ble Supreme Court in its order in WP 3744 of 2016 dated 08/12/2017 in the matter of UOI Vs Shri Balbir Singh Turn & Anr has directed the Govt. of India to implement the MACP Scheme retro spectively from 1/112006. Till date we have not received any positive response from the DOPT. However the MOD vide letter referred at 2 above (copy enclosed) have now issued instructions to implement the MACP Scheme w.e.f. 1/1/2006 to the Armed Force Personnel by implementing the Hon’ble Supreme Court judgment. Having implemented the judgment to one set of employees and denying the same to the similarly placed employees is discriminatory and unjustified.

Also read: 7th Pay Commission recommendations on MACP

The Hon’ble Supreme Court has repeatedly ruled that judicial decisions in matter of a general nature should be extended to all similarly placed employees. In the case of Inderpal Yadav Vs Union of India (1985) SCC 648, the Apex court has held as Under:-


” Those who could not come to the court need not be at a comparative disadvantage position to those who rushed in here, ‘if they are otherwise similarly situated, they are entitled to similar treatment”

In view of the above to avoid multiplicity of litigation on the matter and since the item is also before the Joint Committee on MACP, it is requested that Govt. orders may please be issued for implementing the MACP Scheme w.e.f 1/1/2006. While issuing such an order, it may also be clarified that the employees who were granted the benefit of ACP between 1.1.2006 to 31.08.2008 are not adversely affected and no recovery is ordered from them in this connection.
Thanking you,
Yours faithfully, 
sd/- 
(Shiva Gopal Mishra) 
Secretary
Source: Confederation
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TN 7th Pay Commission: One Man Committee Report Further Delay


TN 7th Pay Commission: One Man Committee Report Further Delay

The tenure of the One Man Committee shall be extended for a further period of three months upto 31.10.2018

One Man Committee headed by Thiru M.A.Siddique, I.A.S., Secretary to Government (Expenditure), Finance Department to rectify the anomalies consequent on the implementation of the Tamil Nadu Revised Pay Rules, 2017 and make specific recommendations to the Government on the anomalies considered by the Committee. The One Man Committee has been requested to submit its report to the Government by 31.07.2018.
The conduct of personal hearing meetings with various Service Associations and individual petitioners is in process and as it will take some more time to finalise the report, the One Man Committee has sought extension of the tenure of the Committee for a further period of three months beyond 31.07.2018 i.e. upto 31.10.2018.
Orders issued by the Government of Tamil Nadu on 31.7.2018
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Hand Book for Inquiry Officers and Disciplinary Authorities


Hand Book for Inquiry Officers and Disciplinary Authorities

HAND BOOK FOR INQUIRY OFFICERS & DISCIPLINARY AUTHORITIES

DISCIPLINARY PROCEEDINGS: CONTEXT AND OVERVIEW
ROLE OF DISCIPLINARY AUTHORITIES
1. Who is Disciplinary Authority?
The term Disciplinary Authorities refers to such authorities who have been entrusted with powers to impose any penalty on the employees. In respect of the organizations falling under the purview of CCS (CCA) Rules 1965, the term Disciplinary Authority is defined in Rule 2 (g) of the CCA Rules as the authority competent to impose on a government servant any of the penalties specified in Rule 11. In this Handbook, CCS (CCA) Rules 1965 is henceforth referred to as “the Rules” Disciplinary authority is defined with reference to the post held by the employee. Various Disciplinary authorities are specified in Rule 12 of the Rules. Thus there may be more than one disciplinary authority in every organization.
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DA and DR Under 7th Pay Commission


Dearness Allowance and Dearness Relief Under 7th Pay Commission

DA under 7th CPC
LOK SABHA UNSTARRED QUESTION NO: 3948
 ANSWERED ON: 10.08.2018
DA under 7th CPC

RAMESH BAIS
(a) whether the Dearness Relief of 119 per cent as effective from 1st July, 2015 was the last one taken into consideration by the 7th Central Pay Commission (CPC) while recommending the formulae for revision of pension for civilian personnel including Central Armed Police Forces (CAPF) who retired before 01.01.2016 and if so, the details thereof; (b) whether the retirees were in receipt of six per cent Dearness Allowance (DA) w.e.f. 01.01.2016 till the implementation of the Pay Commission Report and if so, the details thereof; (c) whether at the time of implementation of 7th CPC Report, the six per cent has been denied and if so, the reasons therefor; and (d) the remedial measures taken/being taken by the Government to remove their hardship and to restore the DA denied to them?
ANSWER 
MINISTER OF STATE FOR FINANCE 
(SHRI P. RADHAKRISHNAN)
(a) to (c) : The pension of Central Government employees including personnel of Central Armed Police Forces (CAPF), who retired prior to 1.1.2016, has been revised w.e.f. 1.1.2016 based on the recommendations of 7th Central Pay Commission (CPC), as accepted by the Government, taking into account Dearness Relief @ 125%.
(d): Does not arise.
Authority: https://loksabha.nic.in/
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Judgment on Regularisation of Casual Labourers


Judgment on Regularisation of Casual Labourers

SIGNIFICANCE OF THE RECENT SUPREME COURT JUDGEMENT ON REGULARISATION OF CASUAL LABOURERS

Significance of Supreme Court judgement is that Govt can not deny regularization stating that the Umadevi’s case Supreme Court has put a cut off period as 2006.
Whenever any case is filed by Casual labourers engaged after 2006 in CAT, the Govt is giving counter by quoting the 2006 judgment of Supreme Court in Umadevi’s case. CAT or High Court also reject their claim stating that after 2006 no regularization can be considered as per 2006 Supreme Court judgement in Umadevi’s case. Even in JCM (NC) Standing Committee Govt has repeated this stand. Now Supreme Court has clearly stated that 2006 judgement doesn’t mean that Govt is bound to regularise ONLY those irregularly appointed casual labourers up to 2006 only provided they complete 10 years service up to 2006 and can go on engaging casual labourers after 2006 as the question of regularization is not applicable to them and thus continue exploitation of them without regularization.
Court ruled that those appointed after 2006 should also be considered for regularization. Even if the appointment is made after 2006, those casual labourers can now approach the CAT for regularization quoting this judgement. This is the importance of this judgement.
Of course, this particular judgement will be implemented for Jhakhand State Govt casual laboureres only. But the above mentioned important observations and ruling of Supreme Court clarifying the 2006 Constitution Bench judgement of the same Court are beneficial to all casual labourers.
Similarly, the stand taken by the Govt that all appointments (engagements) of casual labourers made after 01-09-1993 are irregular and hence not eligible for regularization, will not also stand in the Court of Law after this judgement. In Umadevi’s case also Supreme Court has clearly ruled that those irregularly appointed casual labourers (even if appointed after 01-09-1993)are eligible for regularization, if they have completed 10 years of service.
M.Krishnan 
Secretary General 
Confederation
Source: Confederation
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Transfer and Posting of Women Employees


Transfer and Posting of Women Employees
“No proposal under consideration for appointment and transfer of single women working in all Ministries”
LOK SABHA UNSTARRED QUESTION NO: 2592 
ANSWERED ON: 03.01.2018
Transfer and Posting of Women Employees
C.S. PUTTARAJU (a)whether women appointed in Government Service have been deputed in areas far away from their families; (b) if so, the details thereof; (c)whether the Government proposes to formulate rules for appointment and transfer of single women working in the Ministries; and (d)if so, the details thereof?
ANSWER 
MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND
 MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE 
(DR. JITENDRA SINGH)
(a)&(b): Respective Ministries / Departments have their own guidelines / policy for transfer and posting of their employees depending upon the specific requirements of that Ministry / Department.
(c) & (d): There is no such proposal under consideration for appointment and transfer of single women working in all Ministries.
Authority: https://loksabha.nic.in/
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