A useful blog for Government Employees on news updates of 7th pay commission, Dearness Allowance, DOPT Orders, CGHS, CSD, LTC, HRA, Pensioners, Railway orders and other relevant informations

Wednesday, 31 August 2016

Minimum wage hiked to Rs. 350, but unions firm on strike plan

Bharatiya Mazdoor Sangh announces it will not take part in the strike.

The Left affiliated central trade unions will go ahead with a nationwide strike on Friday, even as the Centre on Tuesday announced sops in a bid to placate them.

The peace offering includes a hike in the minimum wage for unskilled non-agricultural workers in central public sector units from Rs. 246 to Rs. 350 a day and formation of a committee to look into extending benefits under the Employees’ State Insurance Corporation Act to unorganised sectors, including anganwadi, mid-day meal and Asha volunteers.

The RSS-affiliated Bharatiya Mazdoor Sangh saw it as a “historic victory for workers” and decided not to participate in the strike, while the others were dissatisfied and refused to drop the strike plan.

The Finance Ministry also issued a notification on higher bonus to government employees for 2014-15 and 2015-16. This will have a financial impact of Rs. 3,840 crore.

We’ve agreed to address most demands, says Dattatreya

The government measures meant to allay trade unions and make them drop their proposed strike on Friday include an advisory to States to register unions within 45 days.

They were announced by Finance Minister Arun Jaitley in a briefing with Power, Coal and Mines Minister Piyush Goyal and Labour and Employment Minister Bandaru Dattatreya.

Mr. Jaitley said he “will not link” the announced measures with the strike call given by central trade unions as the Group of Ministers steered by him on labour issues had been working on these proposals for over a year.

“Out of the unions’ 12 demands, there were eight labour-related issues and we have agreed to address seven of them. This is a pro-worker government. The UPA government was unable to address even one of their demands,” Mr. Dattatreya said, urging unions to call off the strike in “national interest.”

“There is no concrete proposal to address our demands. The minimum wage for unskilled worker comes out to be near Rs. 9,100 per month which is nowhere near our demand of Rs. 18,000 a month,” AITUC national secretary D.L. Sachdev said. “We have been hearing about the government’s intention to cover unorganised workers under ESIC since the last two years but it has failed to act.”

Terming the BMS’ move not to participate in the strike as “unfortunate”, he said there is no question of going back on the strike call. The BMS had similarly opted out of a strike observed by central trade unions last September. In a press statement on Tuesday, the BMS asked its State units to organise victory marches and publicise the proposals announced by the government.

The minimum wage for unskilled workers will be revised upward soon for workers involved in sweeping and cleaning, watch and ward, loading and unloading, construction, non-coal mines and stone mines for units falling under the central government.

Mr. Dattatreya said unorganised workers, implementing various schemes such as mid-day meal, will be given ESIC facilities for the first time in 45 years. “A committee will look into how much premium workers and the state will have to contribute to the scheme,” Mr. Jaitley said, adding that such people will still be treated as volunteers and not workers as they are involved in transient jobs.

Amendment of law

The Centre, however, continued to press for amending the labour laws. “We want to create a conducive environment in industry so that employment is generated. For that, labour law reforms are necessary but in a positive and pro-worker direction,” Mr. Dattatreya said.

The labour unions have been opposing several proposed amendments to the labour laws.

Mr. Jaitley said that the Centre will be “supporting” the trade unions on legal hurdles holding up the new Payment of Bonus law enacted last year.

Many industrial units in several States have filed 97 court cases in 14 High Courts and the Centre has instructed the Additional Solicitor General to vacate the stay orders, Mr. Dattatreya said.

Source : The Hindu
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7th CPC Recommendation : Revision of pay scales- amendment of Service Rules/Recruitment Rules

Seventh Central Pay Commission’s recommendations — revision of pay scales- amendment of Service Rules/Recruitment Rules


No. AB.14017/13/2016-Estt. (RR)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi

Dated: 29thAugust, 2016

OFFICE MEMORANDUM

Subject:- Seventh Central Pay Commission’s recommendations — revision of pay scales- amendment of Service Rules/Recruitment Rules

The undersigned is directed to refer to the Office Memorandum of even number dated 9.8.2015 on the above mentioned subject wherein it was requested that as per the CCS (Revised Pay) Rules 2016 issued by Department of Expenditure vide Notification dated 25th July, 2016, consequential amendment in the existing Service Rules/Recruitment Rules shall be made by the Ministries/Departments by substituting the existing Pay Band and Grade Pay by the new pay structure i.e. “LEVEL in the PAY MATRIX” straightaway without making a reference to the Department of Personnel and Training (DOP&T)/Union Public Service Commission (UPSC).

2. In this regard, a confirmation meeting is scheduled to be taken by Joint Secretary (Establishment) to take stock of the latest position of amendment in Service Rules/Recruitment Rules. Joint Secretary (Administration/Establishment) of all Ministries/Departments along with the cadre controlling officers is requested to attend the meeting as per the schedule Annexed or depute a senior officer conversant with the matter to brief the progress.

3. The meetings would be held in Room No. 190, 1st Floor, North Block.

sd/-    
(G. Jayanthi)
Director (E-1)

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Latest Order on Enhancement of Bonus Ceiling - Finance Ministry

Grant of Productivity Linked Bonus (PLB) and non-productivity Linked Bonus (Ad-hoc bonus) in case of Central Government employees for the accounting year 2014-15 – enhancement of the calculation ceiling


No.7/4/2014-E-IIIA
Government of India
Ministry of Finance
(Department of Expenditure)

North Block, New Delhi
Dated the 29th August, 2016

Office Memorandum

Subject: Grant of Productivity Linked Bonus (PLB) and non-productivity Linked Bonus (Ad-hoc bonus) in case of Central Government employees for the accounting year 2014-15 – enhancement of the calculation ceiling- Regarding.


The undersigned is directed to invite attention to this Ministry’s 0M No.7/24/2007/E-lll.A dated regarding grant of non-productivity Linked Bonus (Ad-hoc Bonus) to the Central Government employees for the accounting year 2014-2015, whereby the calculation ceiling for the purpose of payment of ad-hoc bonus was monthly emoluments of Rs.3500. The Productivity Linked Bonus (PLB) in case of Central Government employees working under certain Ministries/Departments, where such PLB was in operation in 2014-15, was also paid by the respective Ministries/Departments for the accounting year 2014-15 based on the concurrence of this Ministry with the calculation ceiling at monthly emoluments of Rs. 3500.

2. The question of enhancement of the calculation ceiling for the purpose of payment of PLB and non-PLB (ad-hoc bonus), as the case may be, to the Central Government employees has been considered and the President is pleased to decide that the calculation ceiling of monthly emoluments for the purpose of payment of PLB and ad-hoc bonus, as the case may be, shall be revised to Rs.7000 w.e.f. 01.04.2014, i.e., for the accounting year 2014-15.

3. Accordingly, the PLB or ad-hoc bonus, as the case may be, as already paid to the eligible Central Government employees for the accounting year 2014-15 in terms of the above 0M dated 16.10.2015 pertaining to ad-hoc bonus and the respective sanctions issued by the concerned Ministries/Departments in respect of PLB under the respective schemes in operation during 2014-15 based on the specific concurrence of this Ministry, shall be re-worked out based on the calculation ceiling of monthly emoluments of Rs.7000 instead of Rs.3500.

4. While re-working out payment of PLB or ad-hoc orders, as the case may be, under these orders for the accounting year 2014-15, all the other terms and conditions under which the payment was made shall remain unchanged.

5. In respect of their application to the employees working in the Indian Audit and Accounts Departments, these orders are issued in consultation with the office of the Comptroller and Auditor General of India.

6. Hindi version of this order will follow.

-Sd/-        
(Amar Nath Singh)
Director

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Tuesday, 30 August 2016

Brief of the meeting held today between the Government of India and the National Council (JCM) (Staff Side)

No.NC/JCM/2016 Dated: August 30, 2016
All Constituents of
National Council(JCM)

Dear Comrades!
Sub: Brief of the meeting held today between the Government of India and the National Council (JCM) (Staff Side)

The Government of India has constituted a committee, under the Chairmanship of Addl. Secretary(Exp.) with J.S.(Pers.), JS(Estt.) and JS(Imp.) as members, to deal with the pending issues of our memorandum, submitted to the Empowered Committee, of which prominent are “Minimum Wage and Multiplying Factor”.
The first meeting of the said committee with the National Council(JCM) Staff Side was held today, i.e. 30th August, 2016, which remained almost introductory. Apart from the Official Side members, Shri M. Raghaviah, Shri M.S. Raja and I myself(from the Staff Side JCM) attended the said meeting.
We raised vehemently the issues of “Minimum Wage and Multiplying Formula” and made them very clear that; the VII CPC has accepted Dr. Aykroyd Formula for fixing Minimum Wage, but has not implemented the said formula in full sense, so, that is not acceptable to the Staff Side(JCM), therefore, Minimum Wage from Rs.18000 must be enhanced and accordingly Fitment Formula should also be changed.
It was agreed by the committee that, since we are again meeting on 1st September, 2016 with the Committee on Allowances, the next meeting of the said committee will be fixed in consultation with the Staff Side(JCM).
Thereafter, we also met the Cabinet Secretary(Government of India) and there also we shown our anguish about the inordinate delay in resolving those issues which were agreed to. The Cabinet Secretary said that, orders for the gratuity have been issued for the NPS covered employees, and orders for the PLB and arrears have also been issued. Many of the issues raised by the Staff Side(JCM) have been accepted and implemented and the remaining issues would also be pursued and settled.

Sd/-
Shiva Gopal MishraSecretary ( Staff Side )NC/JCM & Conveyor 

Source : ncjcmstaffside
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Friday, 26 August 2016

Extension of benefits of ‘Retirement Gratuity and Death Gratuity’ to Central Govt., employees covered by NPS

No.7/5/2012-P&PW(F)/B
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners Welfare

Lok Nayak Bhavan, Khan Market,
New De1hi-110 003, Dated the 26 August, 2016.

OFFICE MEMORANDUM

Subject : Extension of benefits of ‘Retirement Gratuity and Death Gratuity’ to the Central Government employees covered by new Defined Contribution Pension System (National Pension System) — regarding.

The undersigned 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 National Pension System), notified by the Ministry of Finance (Department of Economic Affairs) vide their OM No.5/7/2003-ECB & PR dated 22.12.2003. Orders were issued for payment of gratuity on provisional basis in respect of employees covered under National Pension System on their retirement from Government service on invalidation or death in service, vide this Department’s OM No.38/41/2006-P&PW(A) dated 5.5.2009.

2. The issue of grant of gratuity in respect government employees covered by the National Pension System has been under consideration of the Government. It has been decided that the government employees covered by National Pension System shall eligible for benefit of ‘Retirement gratuity and Death gratuity’ on the same terms and conditions, as are applicable to employees covered by Central Civil Service (Pension) Rule,1972.

3. These orders issue with the concurrence of Ministry of Finance, Department of Expenditure, vide their I.D. Note No.1(4)/EV/2006-II dated 29.07.2016.

4. In their application to the persons belonging to the Indian Audit and Accounts Department, these orders issue after consultation with Comptroller and Auditor General of India.

5. These orders will be applicable to those Central Civil Government employees who joined Government service on or after 1.1.2004 and are covered by National Pension System and will take effect from the same date i.e. 1.1_2004.

-Sd/-     
(Harjit Singh)
Director (Pension Policy)

Click to view the order

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Thursday, 25 August 2016

E-Receipts can be treated as original for claiming Children Education Allowance - DoPT Clarification

o.A-27012/01/2015-Estt.(AL)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training

New Delhi, dated 22nd August, 2016.



OFFICE MEMORANDUM


Subject: Children Education Allowance (CEA) – Clarification

The undersigned is directed to refer to Department of Personnel & Training’s O.M. No.12011/ 03/ 2008-Estt.(Allowance) dated 2nd September, 2008 and subsequent clarifications issued from time to time on the subject mentioned above and to say that E-Receipts produced by Central Govt. employees as a proof of payment of fee, etc., may be treated as original and hence may be allowed for claiming reimbursement of CEA.

2. This issues with the approval of Joint Secretary (Establishment).

3. Hindi version will follow.

     -Sd/-      
(Mukul Ratra)
Director

Download this order
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Wednesday, 24 August 2016

Jaitley-led panel to meet Bharatiya Mazdoor Sangh on labour issues - Business Standard


Ahead of the proposed nation-wide strike by ten trade unions next month, a Finance Minister Arun Jaitley-led ministerial panel will meet RSS-affiliate Bhartiya Mazdoor Sangh (BMS) on Wednesday.

The meeting is expected to discuss the 12-point charter of demands of Central Trade Unions (CTUs), which includes a granting of a minimum wage of Rs. 18,000 per month among others. It was earlier scheduled for August 22.

The panel had met BMS representatives on August 16 too, but talks remained inconclusive.

The government is talking exclusively with the BMS over the 12-point charter of demands ahead of the proposed nation-wide strike called by 10 trade unions on September 2.

Even as the government is trying to persuade the BMS to refrain from the proposed strike, as many as 10 trade unions have decided to go ahead with their one-day pan-India strike on September 2, citing no positive response from the government to their demands as the reason.

They decided to go on strike on the same date again this year alleging that the government was 'indifferent' to their demands. The unions, after the meeting of central coordination committee on August 18, decided to go ahead with the strike.
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Trade unions cutting across political lines have called for a national strike on September 2.


Trade unions cutting across political lines have called for a national strike on September 2.

The Joint Trade Union Committee said on Monday that the lock down was in protest against the “anti-labour and anti-people” policies of the Central government.
Only hospitals, medical stores, milk distribution, and emergency services had been exempted from the 24-hour strike.

The committee decried the growing trend of contract employment in the private sector.

Private managements have systematically whittled down health, social security and pension benefits of workers by hiring them on contract. There was no job security anymore. The Centre and States were unabashedly anti-worker and pro-corporate.

Private investment

The Centre had allowed for unregulated private investment in defence, railways, insurance, banking, and small scale sectors. Crores of jobs were at stake. Both the Central and State governments were moving to amend labour laws that would empower managements and weaken organised labour.

Their policies would put lakhs of families on the breadline soon.

The government was loath to discuss the charter of rights put forward by labour unions.

The Centre had discussed the matter only with the pro-BJP BMS.

(The BMS has not backed the general strike).

State and Central government service organisations have backed the strike.

Source : The Hindu
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Workers’ convention backs September 2 strike


A convention organised by the Joint Committee of Trade Unions (JCTU) here on Wednesday resolved to support the All India strike on September 2.

The national level trade unions have given the strike call to register protest against spiraling prices of essential commodities and anti-workers policies of union and State governments.

Necessary measures to contain growing unemployment, abrogation of contract system, fixing of Rs. 18,000 as minimum wages, pension to workers belonging to the unorganised sector are some other demands of the trade unions.

CITU district president Gandhinagar Narayanaswamy called upon various sections of labour class to organise to protect the hard won rights and facilities.

Source : The Hindu
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Coal trade unions announce strike on Sept 2 - TOI News


NAGPUR: All coal trade unions, excluding BMS, have announced a one-day strike in all coal mines of Coal India Limited (CIL) on September 2 to press for various demands related to coal workers.

On behalf of Indian National Mineworkers' Federation (INTUC), SQ Zama, secretary general, served notice to chairman of CIL, Singerani Colliery Company Limited, and also all subsidiaries, including WCL, for proceeding on general strike on September 2.

A 12-point charter of demands, jointly formulated by all unions, was also submitted to the central government. The apex representatives of unions through their meetings on August 18 at New Delhi reviewed the preparatory campaign and expressed dismay over negative attitude of the government towards basic demands of the workers. During the past one year, the group of ministers appointed to take a decision on the union's 12-point charter has not convened a single meeting. The unions have condemned the government move.

The unions' demands include measures for containing price rise through universalisation of public distribution system and banning speculative trade in commodity market, containing unemployment through concrete measures for employment generation, strict enforcement of all basic labour laws without any exception or exemption, and stringent punitive measures for violation of labour laws, universal social security cover for all workers, minimum wage of not less than Rs 18,000 per month with provisions of indexation (for unskilled worker), assured enhanced pension not less than Rs 3,000 per month for working population (including unorganized sector workers), stoppage of disinvestment in Central/State Public Sector undertakings, stoppage of contract system in permanent/perennial work and payment of same wage and benefits for contract workers at par with regular workers for the same and similar work etc.

Pradeep Kokas said all subsidiaries of CIL through joint action committee comprising four unions — INTUC, HMS, AITUC and CITU — are preparing to make the strike a grand success. WCL is also gearing up for the strike and preparatory meeting has been organized on August 24 at Chandrapur, August 26 at Kanhan and Chhindwara and on August 27 at Nagpur. Zama, Narendra Chandraiya, Umashankar Singh and SH Baig will address the workers.

Source : TOI
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Tuesday, 23 August 2016

7th Central Pay Commission : Committee constituted 2nd meeting regarding 7th CPC recommendations for Allowance

No 11-1/2016-IC
Government Of India
Ministry of Finance 
Department of Expenditure
(Implementation Cell)

Room No 216, Hotel Ashoka
Chankyapuri, New Delhi.
Dated 22.08.2016

To
Shri Shiva Gopal Mishra,
Secretary,
National Council (Staff Side), JCM
13 C, Feroz Shah Road,
New Delhi.

Subject : Second Meeting of the Committee constituted to examine  
the recommendations of 7th Central Pay Commission regarding Allowance.

Sir,

1. I am directed to inform that the 2nd meeting of the committee on allowances will be held on 01st September 2016 at 3.00 P.M. in Room No-72, North Block, New Delhi  under the chairmanship of Finance Sectertary & Secretary ( Expenditure).

2. I am further directed to inform that the committee on Allowances has desired to meet the representatives of the National Joint Council of Action (NJCA) in the aforesaid meeting to obtain their views on the recommendations of 7th Central Pay Commission relating tot he allowances.

3. You are therefore requested to attend the aforesaid meeting with the other members of Standing committee of National Council Staff Side (JCM). The names of the members attending the meeting may please be sent on or before 29th August 2016 to the undersigned so that necessary arrangement can be made.

Yours sincerely
   -sd-     
(Abhay N Sahay)
Under secretary(IC-7th CPC)
26116650.

Copy To:

(i) PSO to Finance Secretary
(ii) Additional Secretary (Exp), DoE, North Block, New Delhi.
(iii) Joint secretary (IC), Hotel Ashok, New Delhi
(iv) Director (IC), Hotel Ashok, New Delhi.
(v) Shri G Srinivasan, Deputy Secretary (JCA), DoP&T, North Block, New Delhi.


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All India Bank Officers’ Confederation to join September 2 Strike


The All India Bank Officers’ Confederation has decided to participate in the September 2 strike.

Urging members to respond positively to the confederation’s strike call, AIBOC’s General Secretary D Thomas Franco Rajendra Dev stressed the need to speed up and spread the struggle against the privatisation policy of the government, labour reforms and unlimited foreign direct investment in the financial, rail, defence and retail sectors.

According to Dev, AIBOC along with the United Forum of Bank Unions (UFBU) had participated in the earlier struggle, but the government has been unrelenting and continues to speed up the so-called financial sector reforms.

Officer-Director vacancies have not been filled up in as many as 17 banks. Vacancies on bank boards are also not being filled up and yet “important decisions on HR issues are being taken in the absence of our representatives on the board,” he added. He further alleged the Indian Banks’ Associaiton (IBA) was dilly-dallying on superannuation issues.

Source : The Hindu
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Admissibility of Transport Allowance in the cases where the officers are drawing Grade Pay of Rs.10,000/- in PB-4

No.21(2)/2016-E.II(B)
Government of India
Ministry of Finance
Department of Expenditure

New Delhi, 19th August, 2016.

OFFICE MEMORANDUM

Subject: Clarification on admissibility of Transport Allowance in the cases where the officers are drawing Grade Pay of Rs.10,000/- in PB-4 — regarding.



Reference is invited to this Department’s Office Memorandum No.21(2)12008- E.II(B) dated 29.08.2008. Para ‘3’ of the O.M. stipulates that Officers drawing Grade Pay of Rs.10,000/- & above and those in the HAGS’ Scale, who are entitled to the use of official car in terms of Department of Expenditure (DoE) O.M. No. 20(5)/E.11(A)/93 dated 28.01.1994, shall be given the option to avail themselves of the existing facility or to draw the Transport Allowance at the rate of Rs.7,000/- p.m. plus Dearness Allowance thereon.

2. Several references have been received in this Department seeking clarification on the admissibility of Transport Allowance to officers drawing Grade Pay Rs. Rs.10,000/ under Dynamic ACP Scheme or NFU Scheme. A few cases have also been filed in the Courts in this regard. Hon’ble Central Administrative Tribunal (CAT), Principal Bench, New Delhi, in Order dated 13.05.2014 in O.A. No.4062/2013 filed by Shri Radhacharan Shakiya & Others Nils Union of India & Others, held that the Applicants were not entitled to draw Transport Allowance Rs.7,000/- p.m. plus DA thereon. The said order of the Tribunal has also been upheld by Hon’ble High Court of Delhi in their Order dated 03.09.2014 passed in Writ Petition (Civil) No. 3445/2014, filed by Shri Radhacharan Shakiya & Others,


3. Accordingly, it is clarified that the officers, who are not entitled for the use of official car for commuting between residence to office and back, in terms of DoE’s OM 20(5)/E-I1(A)/93 dated 28.01.1994, are not eligible to opt for drawal of Transport Allowance @ Rs.7000/- p.m. + DA thereon, in terms of DoE O.M. No.21(2)/2008- E.II(B) dated 29.08.2008, even though they are drawing Grade Pay of Rs.10,000/- in PB-4 under Dynamic ACP Scheme or under the scheme of Non-Functional Upgradation (NFU).

4. Hindi version is attached.

(Nirmala Dev)
Deputy Secretary to the Govt. of India
Tel: 23093276

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BSNL Retirees Seek 7th Pay Commission Benefits - Business Standards news

Tamil Nadu Circle of All India BSNL Pensioners' Welfare Association today urged the Centre to extend the benefits of 7th Pay Commission to BSNL retirees, who were also covered under the government pension scheme. 
In a resolution adopted at the 5th Circle Conference here, the association said all the BSNL pensioners should be brought under the Central Pay Commission and the benefits be extended to them with effect from January 2017.


The other demands include withdrawal of Pension Fund Regulatory and Development Authority Act, reintroduction of medical allowance to pensioners, preventing sale of shares of PSUs including BSNL and so on, it added.

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Monday, 22 August 2016

7th Pay Commission: Allowances for Central Govt Employees may be paid from October

New Delhi: Central government employees are expected to see new allowances structure starting October.
As per media reports quoting sources in Finance Ministry, Finance Secretary committee is expected to submit its report by September, which is expected to be implemented soon thereafter.
In view of the strong protest staged by the representatives of Employee Associations and other stakeholders, government decided that recommendations on allowances, other than Dearness Allowance, will be examined by a Committee comprising Finance Secretary as Chairman and Secretaries of Home Affairs, Defence, Health and Family Welfare, Personnel & Training, Posts and Chairman, Railway Board as Members before taking a final decision. 

To the disappointment of government employees, the Justice A K Mathur panel had recommended abolition of 51 allowances and subsuming 37 others.

The Committee was to submit its report within four months. This Committee has been constituted on 22.07.2016 and the first meeting of the Committee has been held on 04.08.2016.

The recommendations of the 7th Pay Commission cover 48 lakh Central government employees and 52 lakh pensioners.

Source : Zee News
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Sunday, 21 August 2016

Will Indian Railways be Exempted from NPS? Here's the reply of Finance Ministry

F No 11/5/2016-PR
Ministry of Finance 
Department of Financial Services

2nd Floor, Jeevan Deep Building
Parliment Street, New Delhi,
Dated the 5th August, 2016

OFFICE MEMORANDUM


Subject : Exemption of Railways from National Pension System as recommended by the Hon'ble Railway Ministers - Representation from National Federation of Indian Railwaymen (NFIR)

The undersigned is directed to enclose herewith a representation dated 26- 06-2016 received from NFIR regarding the subject cited above.

2.     In this regard, it may be stated that exemption of Railways from NPS employees  will have a bearing on the exchequer; Department of Expenditure (DoE) may take an appropriate action in this regard.

3.     So far as the proposal of Hon'ble Railway Minister in the matter is concerned , the reply to issue relevant to this Department were sent to  DoE vide this Department OM Dated 26.06.2016.

    -Sd/-
 (Prabhu Dayal)
Under Secretary to the Government Of India
011-23748760

Shri Vivek Ashish , Undersecretary
Department of Expenditure,
Ministry of Finance
New Delhi

Copy to: Dr M Ragaviah, General Secretary, NFIR

Click here to Download this OM

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Payment to Government servants other than salary etc. through e-Payment

F. No. 1(1)/2011/TA/365 
Ministry of Finance Department, of Expenditure 
Controller General of Accounts 
Lokaayak Bhawan, Khan Market 

New Delhi-110511 Date: 01-08-2016 

OFFICE MEMORANDUM 

Subject: Payment to Government servants other than salary etc. through e-Payment 

A reference is invited to this office O.M. No. 1(1)/2011/TA/ 292 dated 31st March 2012' regarding payment to Government servants other than salary etc. through e-Payment from 1st April 2012. Since advancements in payment and banking technology have enabled a large number of transactions to be handled smoothly through the e-payment mode, the existing limit of Rs. 25,000 / - prescribed in paragraph 2 of this office. O.M. dated 31st March 2012 has been further reviewed. It has now been decided to lower the threshold limit to Rs. 10,000 /- in order to bring more payments. under the purview of direct credit by electronic transfer to the bank account of the payee. 

2. All Ministries/ Departments of the Government of India are required with immediate effect to  discharge all payments to Government servants, other than salary, above Rs.10,000/- (Rupees Ten thousand only) by issue of payment advices, including electronically signed payment advices. 

3. In so far as payment of salary is concerned, employees may continue to have the option of drawing salary by cash, cheque or electronic payment mode irrespective of the amount involved. 

4.This issues with the approval of the Finance Minister. (Soma Roy Burman) Joint Controller General of Accounts 

      -Sd/-            
(Soma Roy Burman)
 Joint Controller General of Accounts



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Frequently asked questions on CPENGRAMS



Q1. What is CPENGRAMS? 

Ans. CPENGRAMS is an online web-enabled system for speedy redressal of grievances related to pension by various Central Government Ministries/ Departments/Organizations. This system, besides providing a faster access to the pensioners, offers the following online facilities: 
  •  Registration of pension grievances on line 
  •  Forwarding of reminders on line 
  •  Query on the status of any of the registered grievances 
  •  Available (24*7) basis for submission of grievance online 

Q2. Who can register a grievance? 

Ans. A grievance can be registered by the pensioner or any other person on behalf of a pensioner. Pensioner’s Association recognized by Department of Pension & Pensioners & Welfare can also register grievance of pensioners. 

Q3. What type of grievance can be lodged by pensioners?  

Ans. Grievances regarding dues or facilities which are permissible to pensioners under the Rule can be lodged as a grievance through CPENGRAMS- e.g. delay or incorrect payment of pension/gratuity/other retirement benefits; revision of pension; issues related to medical facilities/Dearness Relief etc. 

Q4. What is the procedure for redressal of grievance in Ministry? 

Ans. The grievance lodged on CPENGRAMS are transferred to the concerned Ministry/Department which examines the grievance with reference to applicable Rules and redresses the grievance accordingly. All Ministries/ Departments have appointed Nodal Officers in-charge of the Grievance cell within the respective Ministry /Departments. The Nodal Officers further distribute the  grievance to concerned offices/ organizations within the Ministry/Department. These Nodal Officers also monitor the progress of redressal of pension grievances. 

Q5. What is the time line for disposal of a pension grievance? 

Ans. Maximum permissible period of 60 days for redressal of grievances. Immediate acknowledgement is given through CPENGRAM system. Cases where it is not possible to give an immediate reply, an interim reply should be given to the applicant. 

Q6. Whether pensioner can send a reminder to authority for disposal of a grievance? 

Ans. The pensioner or Pensioners’ Association can send online reminders against registration number of the earlier sent grievance. In case the reminders are sent through a letter, the earlier registration number should be mentioned to avoid generation of multiple registration numbers for the same grievance. 

Q7. Whether multiple grievances can be lodged by an individual on same issue? 

Ans. The multiple grievances registered on the same issue from the same applicant on different dates registered on CPENGRAMS are given different  numbers electronically. However, these are to be treated as one grievance. The subsequent grievance would be closed giving the reference of grievance initially registered. On redressal of the grievance, the report of the Ministry / Department is reviewed and case closed. On the same basis all other registration numbers are also closed.

Q8. How does a pension grievance differ from a demand? 

Ans. Pension grievances are those grievances which are to be addressed under the existing Pension Rules/Instructions. Any request for any additional facility etc., which is not covered under the Pension Rules/instructions is to be treated as demand and accordingly not covered under the purview of CPENGRAMS. Such grievances are closed instantly. 

Q.9 Whether Grievance can be lodged on issue where cases are pending in Courts of Law ? 

Ans. Since such matters are sub-judice, the grievances on such issues cannot be entertained. Such grievances are closed instantly.

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Saturday, 20 August 2016

Frequently Asked Questions in Central Civil Pension

 Frequently Asked Questions in Central Civil Services

1. PENSION POLICY

(1.1) Which rules govern pension and gratuity to the employees retiring from Central Government Civil Departments.  Pension and gratuity of the employees retiring from Central Government Departments is regulated by the Central Civil Services (Pension) Rules, 1972. There are separate rules regarding pension and gratuity of Railway employees and Defence personnel. 

(1.2) Is the date of voluntary retirement treated as duty? 
Yes, the date of voluntary retirement is treated as duty (Rule 5). 

(1.3) Who is eligible for pension? 
A Govt. servant appointed in a pensionable establishment on or before 31.12.2003 and  retires from Government service with a qualifying service of 10 years or more is eligible for pension (Rule 2, 49). 

(1.4) How is pension calculated? 
W.e.f. 1.1.2006, pension is calculated @ 50% of emoluments (last pay) or average emoluments (for last 10 months), whichever is more beneficial to the retiring Govt. servant. (Rule 49).

(1.5) What happens to the departmental proceedings instituted against a Govt. servant during service and pending at the time of retirement? Can pension/gratuity be paid to a retiring, Govt. servant if Departmental/Judicial proceeding are pending against him at the time of retirement? 

Department proceedings pending at the time of retirement are deemed to be the proceedings under Rule 9 and shall be continued and concluded by the same disciplinary authority and in the same manner. Thereafter, authority will submit a report recording its  finding to the President. In such cases, only provisional pension is paid and gratuity is  withheld till  the conclusion of departmental proceedings and issue of final orders thereon by the competent authority.

(1.6) Can Departmental proceedings be instituted after retirement? 

Departmental proceeding can be instituted after retirement subject to followingconditions:- 

(a) Sanction of the President shall be obtained before instituting such proceedings; 

(b) The proceedings shall not be in respect of any event which took place more   than 4 years such institution;   
(c) Proceedings shall be conducted by such authority and in such place or the President may direct and in accordance with rules applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Govt. servant during his service. 

(1.7 ) When are departmental or judicial proceeding deemed to be instituted? 

 (a) Departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or is the Government servant has been placed under suspension from an earlier dated, on such date;  
(b) Judicial proceedings shall be deemed to be instituted-  
(i) In the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes contingence, is made, and 
(ii) In the case of civil proceedings, on the date the plaint is presented in the court.  

(1.8) Can the pension/gratuity be withheld on conclusion of departmental/judicial proceedings? 

The President reserves to himself the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the  period of service, including service rendered upon re-employment after retirement. Power to withhold/withdraw pension/gratuity is with President and UPSC is required to the consulted before any final orders are passed. 

(1.9) Which pay is reckoned as emoluments for pension and gratuity? 

The basic pay as defined in FR 9 (21) (a) (i) is reckoned as emoluments for pension. However, Non- Practicing Allowance granted to Medical Officers is also included in emoluments. For the purpose of Retirement/ Death gratuity, Dearness Allowance admissible on the date of retirement/death is also treated as emoluments. 

(1.10) Which pay is reckoned as emoluments for pension if the Government servant is on leave, suspension or deputation at the time of retirement? 

(a) If a Government servant immediately before his retirement or death while in service had been absent from duty on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn had he not been absent from duty or suspended shall be the emoluments for the purposes of this rule. However, increase in pay (other than the  increment) which is not actually drawn shall not form part of his emoluments. 

(b) If a Government servant immediately before his retirement or death while in service had been absent from duty on extraordinary leave or had been under suspension, the period whereof does not count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the purposes of this rule. 

(c) If a Government servant immediately before his retirement of death while in service, was on earned leave, and earned an increment which was not withheld, such increment, though not actually drawn, shall form part of his emoluments. However, such increment should have been earned during the currency of the earned leave not exceeding one hundred and twenty days, or during the first one hundred and twenty days of earned leave where such leave was for more than one hundred and twenty days. 

(d) Pay drawn by a Government servant while on foreign service shall not be treated as emoluments, but the pay which he would have drawn under the Government had he not  been on foreign service shall alone be treated as emoluments. 

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Friday, 19 August 2016

Technical Resignation & Lien- Consolidated guidelines.

No. 28020/1/2010-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

******

North Block, New Delhi

Dated 17th August, 2016

OFFICE MEMORANDUM

Subject: Technical Resignation & Lien- Consolidated guidelines.

The undersigned is directed to refer to this Department’s OM of even number dated the 26th December, 2013 on the above subject and to say that guidelines/ instructions regarding Technical Resignation have been issued from time to time. It is now proposed to further consolidate these instructions, as the Department continues to receive frequent references on these issues.

2.1 Technical Resignation

2.1.1 As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965, the resignation is treated as a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department, and is on selection, required to resign the previous post for administrative reasons. The resignation will be treated as technical resignation if these conditions are met, even if the Government servant has not mentioned the word “Technical” while submitting his resignation. The benefit of past service if otherwise admissible under rules, may be given in such cases. Resignation in other cases including where competent authority has not allowed the Government servant to forward the application through proper channel will not be treated as a technical resignation and benefit of past service will not be admissible. Also, no question of benefit of a resignation being treated as a technical resignation arises in case of it being from a post held on ad hoc basis.

2.1.2 This benefit is also admissible to Government servants who have applied before joining the Government service and on that account the application was not routed through proper channel. The benefit of past service is allowed in such cases subject to the fulfilment of the following conditions: ·

(i) the Government servant should intimate the details of such application immediately on their joining;

(ii) the Government servant at the time of resignation should specifically .make a request, indicating that he is resigning to take up another appointment under the Government for which he applied before joining the Government service;

(iii) the authority accepting the resignation should satisfy itself that had the employee been in service on the date of application for the post mentioned by the employee, his application would have been forwarded through proper channel.

(DOPT’s O.M.No.13/24/92-Estt(Pay-1) dated 22.01.1993)



2.2 Carry forward of Leave, benefits

(i) In terms of Rule 9(2).of the CCS (Leave) Rules, 1972, technical resignation shall not result in the lapse of leave to the credit of the Government servant. The balance of unutilized Child Care Leave(CCL) as well as all other leaves of the kind due & ‘admissible will be carried forward.

(ii) As per rule 39-D of the CCS(Leave) Rules,1972, in case of permanent absorption in PSUs/ Autonomous Bodies/ State Government etc., the Government servant shall be granted cash equivalent of leave salary in respect of EL & HPL at his credit subject to overall limit of 300 days.

2.3 Carry forward of LTC

Entitlement to LTC may be carried forward in case of a Central Government Servant who joins another post after having submitted Technical Resignation. In case of a Government Servant who resigns within 8 years of his appointment and joins another post in the Government after Technical Resignation, the Government Servant will be treated as a fresh recruit for a period of 8 years from the date of his initial appointment under Government. Thus if a Government Servant joins another Department after serving in Government for 4 years, he will be treated as a fresh recruit for 4 years in the new Department.

2.4 Pay Protection, eligibility of past service for reckoning of the minimum period for grant of Annual Increment

In cases of appointment of a Government servant to another post in Government on acceptance of technical resignation, the protection of pay is given in terms of the Ministry of Finance OM No. 3379-E.II:l (B)/65 dated the 17th June, 1965 read with proviso to FR 22-B. Thus, if the pay fixed in the new post is less than his pay in the post he holds substantively, he will draw the presumptive pay of the pay he holds substantively as defined in FR-9(24). Past service rendered by such a Government servant is taken into account for reckoning of the minimum period for .grant of annual increment in the new post/ service/ cadre in Government under the provisions of FR 26 read with Rule 10 of CCS (RP) Rules, 2016. In case the Government servant rejoins his earlier posts, he will be entitled to increments for the period of his absence from that post.

2.5 GPF transfer

Transfer of GPF on technical resignation would be governed by Rule 35 of the General Provident Fund (Central Services) Rules, 1960.

2.6 Seniority

On technical resignation, seniority in the post held by the Government servant on substantive basis continues to be protected. However, in case of a Government servant deciding to rejoin his substantive post, the period spent iµ another department which he had joined after submitting his technical resignation will not count for minimum qualifying service for promotion in the higher post.

7 Applicability of Pension Scheme



In cases where Government servants, who had originally joined government service prior to 01.01.2004, apply for posts in the same or other Departments and on selection they are asked to tender technical resignation, the past services are counted towards pension if the new post is in a pensionable establishment in terms of Rule 26(2) of CCS(Pension) Rules 1972. They will thus continue to be covered under the CCS(Pension) Rules, 1972 even if they join the new post after 1.1.2004.

(Department of Pension & Pensioners Welfare’s O.M.No.28/30/2004-P&PW(B) dated 26.07.2005)

2.8 New Pension Scheme

In case of ‘Technical Resignation’ of Government servant covered under National Pension System (NPS), the balance standing to their Personal Retirement Account (PRA) along-with their PRAN will be carried forward to the new office.

2.9 Transfer of Service Book from parent Department to present Department.

As per SR- 198, the Service Book is to be maintained for a Government servant from the date of his/her first appointment to Government service and it must be kept in the custody of the Head of Office in which he is serving and transferred with him from office to office.

2.10 Need for Medical examination.

In cases where a person has already been examined by a Medical Board in respect of his previous appointment and if standard of medical examination prescribed for the new post is the same, then he need not. be required to undergo a fresh examination.

2.11 Verification of Character& Antecedents

In the case of a person who was originally employed in an office of the Central Government, if the period intervening between date of discharge from his previous office and the date of securing a new appointment, is less than a year, it would be sufficient if the appointing authority, before making the appointment, satisfies itself by a reference to the office in which the candidate was previously employed that (a) that office have verified his character and antecedents; and (b) his conduct while in the employ in that office did not render him unsuitable for employment under Government. If however, more than a year. has lapsed after the discharge of the person from his previous office, verification should be carried out in full/afresh, in accordance with O.M.No.18011/9(s)/78-Estt(B) dated 2nd July,1982.

3.1 Lien

3.1.1 Lien is defined in FR 9(13). It represents the right of a Government employee to hold a regular post, whether permanent or temporary, either immediately or on the termination of the period of absence. The . benefit of having a lien in a post/service/cadre is enjoyed by all employees who are confirmed in the post/service/cadre of entry or who have been promoted to a higher post, declared as having completed the probation where it is prescribed. It is also available to those who have been promoted on regular basis to a higher post where no probation is prescribed under the rules, as the case may be.

3 .1.2 The above right will, however, be subject to the condition that the junior-most person in the cadre will be liable to be reverted to the lower post/service/cadre if at any time the number of persons so entitled is more than the posts available in that cadre/service.

(DOPT’s O.M.No.18011/1/86-Estt (D) dated 28.03.1998)

3.2 Lien on a post

A Government servant who has acquired a lien on a post retains a lien on that post-

(a) while performing the duties of that post;

(b) while on foreign service, or holding a temporary post or officiating in another post;

( c) during joining time on transfer to another post; unless he is transferred substantively to a post on lower pay, in which case his lien is transferred to the new post from the date on which he is relieved of his duties in the old post;

(d) while on leave; and

(e) while under suspension.

A Government servant on acquiring a lien on a post will cease to hold any lien previously acquired on any other post.

3.3 Retention of lien for appointment in another central government office/ State Government

(i) A permanent Government servant appointed in another Central Government Department/Office/ State Government, has to resign from his parent department unless he reverts. to that department within a period of 2 years, or 3 years in exceptional cases’. An undertaking to abide by this condition may be taken from him at the time of forwarding of his application to other departments/offices.

(ii) The exceptional cases may be when the Government servant is not confirmed in the department/office where he has joined within a period of 2 years. In such cases he may be permitted to retain the lien in the parent department/ office for one more year. While granting such permission; a fresh undertaking similar to the one indicated above may be taken from the employee.

(iii) Timely action should be taken to ensure extension/ reversion/ resignation of the employees to their parent cadres on completion of the prescribed period of 2/3 years. In cases, where employees do not respond to instructions, suitable action should be initiated against them for violating the agreement/ undertaking given by them as per (i) and (ii) above and for termination of their lien. Adequate opportunity may, however, be given to the officer prior to such consideration.

(iv) Temporary Government servants will be required to severe connections with the Government in case of their selection for outside posts. No lien will be retained in such cases.

(DOPT O.M.No.8/4/70-Estt(C) dated 06.03.1974)

3.4 Termination of Lien

3.4.l A Government servant’s lien on a post may in no circumstances be terminated even with his consent if the result will be to leave him without a lien upon a permanent post. Unless his lien is transferred, a Government servant holding substantively a permanent post retains lien on that post. It will not be correct to deny a Government servant lien to a post he was holding substantively on the plea that he had not requested for retention of lien while submitting his Technical Resignation, or to relieve such a Government servant with a condition on that no lien will be retained.

3.4.2 A Government employee’s lien on a post shall stand terminated on his acquiring a lien on a permanent post (whether under the Central Government or a State Government) outside the cadre on which he is borne.

3.4.3 No lien shall be retained:

a. where a Government servant has proceeded on immediate absorption basis to a post or service outside his service/ cadre/ post in the Government from the date of absorption; and

b. on foreign service/ deputation beyond the maximum limit admissible under the orders of the Government issued from time to time.

(Notification No.28020/1/96-Estt(C) dated 09.02.1998)

3.5 Transfer of Lien

The lien of a Government servant, who is not performing the duties of the post to which the lien pertains, can be transferred to another post in the same cadre subject to the provisions of Fundamental Rule 15.

(Notification No.28020/1/96-Estt(C) dated 09.02.1998)

3.6 Joining Time, Joining Time Pay &Travelling Allowance

Provisions relating to joining time are as follows:

3.6.1 For appointment to posts under the Central Government on results of a competition and/or interview open to Government servants and others; Central Government employees and permanent/ provisionally permanent State Government employees will be entitled to joining time under the CCS(Joining Time) Rules,1979. Joining time will be included as qualifying service in the new job.

3.6.2 A Government servant on joining time shall be regarded as on duty during that period and shall be entitled to be paid joining time pay equal to ‘the pay which was drawn before relinquishments of charge in the old post. He will also be entitled to Dearness Allowance, if any, appropriate to the joining time pay. In addition, he can also draw compensatory allowances like House Rent Allowance as applicable to the old station from which he was transferred. He shall not be allowed Conveyance Allowance or permanent Travelling Allowance.

3.6.3 For appointments to posts, under the Central Government on the basis of results of a competition and /or interview open to Government servants and others, Central Government employees and permanent/ provisionally permanent State Government employees shall be entitled to Transfer Travelling Allowance(TTA). However, temporary Central Government employees with less than 3 years of regular continuous service would not be entitled for TTA, as they are not entitled joining time pay under Joining Time Rules.

4. All Ministries/ Departments are requested to bring the instructions/ guidelines to the notice of all concerned.

Sd/-        
(Mukesh Chaturvedi)
Director (Estt.)

Telefax: 23093176

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Setting up of Anomaly Committee to settle the Anomalies arising out of the implementation of the Seventh Pay Commission's recommendations

No.11/2/2016-JCA
Government of India
Ministry of Personnel, Public Grievances and pensions
Department of Personnel & Training
JCA Section
*************
North Block, New Delhi
Dated the 16th August, 2016


OFFICE MEMORANDUM
Subject: Setting up of Anomaly Committee to settle the Anomalies arising out
of the implementation of the Seventh Pay Commission's
recommendations.

The undersigned is directed to say that it has been decided that Anomaly Committees should be set up, consisting of representatives of the Officials Side and the Staff Side to settle the anomalies arising out of the implementation of the 7th Pay Commission's recommendations, subject to the following conditions, namely: 

(1) Definition of Anomaly 

Anomaly will include the following cases: 
(a) where the Official Side and the Staff Side are of the opinion that any recommendation is in contravention of the principle or the policy enunciated by the Seventh Central Pay Commission itself without the Commission assigning any reason; and 

(b) where the maximum of the Level in the Pay Matrix corresponding to the applicable Grade Pay in the Pay Band under the pre-revised structure, as notified vide CCS (RP) Rules 2016, is less than the amount an employee is entitled to be fixed at, as per the formula for fixation of pay contained in the said Rules". 

(2) Composition: 
There will be two levels of Anomaly Committees, National and Departmental, consisting of representatives of the Official Side and the Staff Side of the National Council and the Departmental Council respectively. 

(3) The Departmental Anomaly Committee may be chaired by the Additional Secretary (Admn.) or the Joint Secretary (Admn.), if there is no post of Additional Secretary (Admn.). Financial Adviser of the Ministry / Department shall be one of the Member of the Departmental Anomaly Committee. 

(4) The National Anomaly Committee will deal with anomalies common to two or more Departments and in respect of common categories of employees. The Departmental Anomaly Committee will deal with anomalies pertaining exclusively to the Department concerned and having no repercussions on the employees of another Ministry / Department in the opinion of the Financial Adviser. 

(5) The Anomaly Committee shall receive anomalies through Secretary, Staff Side of respective Council upto six months from the date of its constitution and it will finally dispose of all the anomalies within a period of one year from the date of its constitution. Any recommendations of the Anomaly Committee to resolve the anomaly shall be subject to the approval of the Government. 

(6) Cases where there is a dispute about the definition of "anomaly" and those where there is a disagreement between the Staff Side and the Official Side on the anomaly will be referred to and "Arbitrator" to be appointed out of a panel of names proposed by the two sides. However, this arbitration will not be a part of the JCM Scheme.

(7) The Arbitrator so appointed shall consider the disputed cases arising in the Anomaly Committees at the National as well as Department level. 

(8) Orders regarding appointment of the Arbitrator and constitution of Anomaly Committee at National Level will be issued separately. All Ministries / Departments are accordingly requested to take urgent action to set up the Anomaly Committees for settlement of anomalies arising out of implementation of the 7th Pay Commission's recommendations, as stipulated above. 


-Sd/-       
(G. Srinivasan)
Deputy Secretary (JCA)

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