A complete reference blog for Indian Government Employees

Monday, 9 February 2015

Encashment of earned leave alongwith LTC – Clarification issued by Dopt

Encashment of earned leave alongwith LTC – Clarification issued by Dopt


G.I., Dep. of Per. & Trg., O.M.No.14028/2/2012-Estl(L), 9.2.2015

 Subject: Encashment earned leave alongwith LTC- clarification.

The undersigned is directed to refer to DoPT’s O.M. No. 31011/4/2008-Estt.(A), dated 23s September, 2008 allowing encashment of earned leave alongwith LTC and to say that references have been received with regard to the number of times that a Government servant can avail of the encashment within
the same block.

It is clarified that the Government servants governed by the CCS (Leave) Rules, 1972 and entitled to avail LTC may encash earned leave upto 10 days at the time of availing both types of LTCs, i.e. `Hometown’ and ‘anywhere in India’. However, when the one and the same LTC is being availed of by the Government servant and his family members separately in a block year, encashment of leave would be restricted to one occasion only.

Authority :www.persmin.gov.in
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Zone of consideration for inclusion in Select List of Section Officer Grade of CSS for the year 2012 against Seniority Quota- regarding

Zone of consideration for inclusion in Select List of Section Officer Grade of CSS for the year 2012 against Seniority Quota- regarding

No.6/5/2015-CS.I(S)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
•••
2nd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-11 0003
Dated the 6th February, 2015
OFFICE MEMORANDUM
Subject: Zone of consideration for inclusion in Select List of Section Officers’ Grade of CSS for the years 2012 against Seniority Quota – regarding

The undersigned is directed to convey the approval of the Competent authority for issue of zone of consideration for inclusion in Select List (Seniority Quota) of 2012 in the Section Officers’ Grade of CSS( as per the Annexure-I attached) which has since been drawn up on centralized basis. The zone has been prepared in terms of CSS Rules, 2009 read with CSS (preparation of Select Lists for the Section Officers’ and Assistants’ Grades) Regulations, 2013. The vacancies against which the officers have been included in the Select List relate to the period from 01 .07.2012 to 30.06.2013. The size of the Select List 2012 shall be as under:

SL YEAR TOTAL SC ST UR
2012 433 39 24 370

2. One of the conditions as per CSS Rules, 2009 and regulations issued thereunder for inclusion in the Select List for a particular year is that the officer should have undergone and successfully completed such mandatory training programmes as may be prescribed by the Government. However, as many Assistants/Section Officers (adhoc) have not undergone/nominated for the mandatory training programme I.e. Level B till date, approval of the competent authority has been obtained for relaxation of this condition for Assistants belonging to Select List up-to 2002. Out of the remaining Officers, the following two officers, have exhausted all the available three nominations and not eligible for further nomination. They have, therefore , been excluded from the zone of promotion:

S.No Name of the officer DOB CSL No in AG Cadre Unit
1 Subroto K Biswas 20-09-1959 2003/501 Cadre Avitation
2 Nirmal Ra·ora 30-03-1958 2003/633 HRD

3. Additional zone of consideration in respect of 60 officers for inclusion in the Select List 2012 has been prepared in lieu of those who are in the zone of consideration but retired on  Superannuation/expired/retired voluntarily and officers who were still on deputation within the same Select List Year 2012 etc. in terms of this Department’s a .M. No.22011/18/87-Estt(D) dated 09.04.1996 as per the details given below:

TOTAL SC ST UR
60 6 3 51

4. While every effort has been made to incorporate the correct details of the officials w.r.!. their date of birth, place of posting etc., in case any discrepancy is noted, the same may be intimated to this Department for rectification at the earliest, latest by 28-02-2015. If any of the official included in the zone has left the cadre unit prior to 01.07.2012 (Le. the crucial date for promotion) for the reasons other than as mentioned in the zone, the same may also be intimated.

5. The cadre unit authorities are requested to take immediate action for conducting DPC as per regulation 5 of CSS (preparation of Select Lists for the Section Officers’ and Assistants’ Grades) Regulations, 2013 in respect of
(i) all the officials included in the zone (including retired persons) (as per Annexure-I);
(ii) the officials covered in previous zones (upto Select List 2011) in whose cases ope recommendations have been kept in sealed cover on earlier occasions.

6. Ministries/Departments, where the officials approved for inclusion in the zone for SOSL-2012 and are currently posted as Section Officer on ad-hoc basis or as Assistant, are requested to notify the appointment of these officials as per Annexure-I to this a .M. to the grade of Section Officer on regular basis once they are found ‘FIT’ by the respective DPCs. In terms of Rule 2 (c) (iii) of CSS Rules, approved service in the grade of Section Officer will count from 1″ July 2012. However, in terms of DPC guidelines, promotions are effective from a prospective date and no notional fixation of pay from a date prior to the date of actual promotion will be allowed Notification for regular promotion should be issued subject to the following conditions:

(i) the official concerned is clear from vigilance angle in terms of this Department’s a.M. No .22034/4/2012-Estt.(D) dated 02.11 .2012 and other relevant instructions on the subject;

(ii) Successful completion of Level ‘S’ Training of the officer may again be got verified:

(iii) If an officer is undergoing penalty notification should not be issued for regular promotion and in such cases notification should be issued only after the currency of the penalty is over in terms of DoPT’s a .M. No.22034/5/2004-Estt.(D) dated 15.12.2004. Such cases should also be informed to this Department.

(iv) The officers, who were in service on crucial dates but had retired as AssistanUSection Officer (ad-hoc) subsequently on superannuation or otherwise, have also been considered for inclusion of their names in the aforesaid Select List of Section Officers in pursuance of this Department’s OM No. 22011/4/98-Estt. (D) dated 12.10.1998 to identify the correct zone of consideration for the relevant Select List. However, their appointment should not be notified as retired persons would not be available to for actual promotion from a prospective date.

7. Details of persons promoted and otherwise, may be intimated to this department in the prescribed proforma (Annexure-II) to enable further necessary action to issue Select List of Section Officers for the year 2012, latest by 28-02-2015 .

8. All those officials who are included in the Select List 2012 are retained in their respective cadres on their promotion within the sanctioned strength of the cadre in the SO’s grade except those who have been transferred under RTP. It is emphasized that in case of officers under transfer under RTP, the DPC shall be conducted by the Cadre Units they are transferred to. Such officers may be relieved immediately to join new cadre to avail benefits of regular promotion.

9. Some officers included in the zone of promotion for Select List of Section Officers’ Grade for the year/2012 (Seniority Quota) may be on deputation as on date. To avail the benefit of promotion, such officers have tvvo options:

(i) They may repatriate to their parent cadre; or
(ii) They may avail proforma promotion from the date of promotion of their immediate junior.

All Ministries/Departments are, therefore, requested to consider the requests for proforma promotion, if any, in terms of this Department’s OM No. 6/8/2009-Estt (Pay-II) dated 17th June, 2010 and issue necessary orders without referring the matter to this department.

10. Copy of notifications should invariably be endorsed to this Department for record.

(V. Srinivasaragavan)
Under Secretary to the Government of India
Tele : 24629412
Encl: As above
To
1. Cadre authorities of CSS(DS/Director(Admn.)
2. General Secretary, CSS Section Officers’ Association, Mezzanine Floor, Sanchar
Shavan, New Delhi.
3. Director (CS-II)/US (CS.I-A)

Source: Government Order
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Amendment of Model Recruitment Rules for various posts in Non Statutory Departmental Canteen/ Tiffin Rooms Located in Central Government Offices

Amendment of Model Recruitment Rules for various posts in Non Statutory Departmental Canteen/ Tiffin Rooms Located in Central Government Offices

Look Nayak Bhawan, Khan Market,
New Delhi, dated 09/2/2015

Subject : Amendment of Model Recruitment Rules for various posts in Non Statutory Departmental Canteen/ Tiffin Rooms Located in Central Government Offices.

The undersigned is directed to refer to this Department’s 0M of even number dated 4/6/2014 and 22/5/2013 wherein Model Recruitment Rules (RRs) for various Group ‘B’ & Group ‘C’ posts in Non-Statutory Departmental Canteens/Tiffin Rooms located in Central Government Offices were circulated.

2. It has been decided to amend the Model RRs for Canteen employees. The matter regarding amendment to Model RRs for Canteen employees has been examined in consultation with Estt.(RR), DOPT and it has been decided to amend the provision of Model RR as under:

Original Order @ Amendment of Model Recruitment Rules

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Expected Pension / Family Pension Table in 7th Pay Commission

Expected Pension / Family Pension Table in 7th Pay Commission

Now, we have attempted to estimate 7th Pay Commission Pension for Central Government Pensioners and Railway Pensioners on the basis of 6th CPC Pension Fixation. Pensioners may please note that this is only an approximate estimation of pension based on the factors taken into account by Government while implementing 6th Pay Commission. So, if 7th Pay Commission adopts different set of principles for determining 7th Pay Commission pension then this estimation may not be correct. Also, due to non-availability of fitment table for 7th Pay Commission Pay revision as of now, 50% of minimum of 7th CPC pay band equivalent to pay scale in which pensioner retired which will be assured by every pay commission could not be calculated.

Government issued Office Memorandum F.No.38/37/08-P&PW(A) dated 01.09.2008 (Click here to read this OM), for implementing 6th CPC recommendations on revised Pension for Pre-2006 Pensioners and Family Pensioners. As per this OM, revised pension / Family Pension with effect from 01.01.2006 is worked out by adding together:
1. Pension / Family Pension and Dearness Pension / Family Pension as on 31.12.2005
2. Dearness Relief of 24% applicable as on 31.12.2005
3. Fitment weigtage at the rate of 40% of Pension / Family Pension as on 31.12.2005.

In addition to the above pension fixation method, as per Para 2 and 3 of OM F.No.38/37/08-P&PW(A) dated 28.01.2013, Pension has to be stepped up to 50% of the sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired as arrived at with reference to the fitment tables given in OM No.1/1/2008-IC dated 30th August 2008 (Fitment Table applicable to Central Government Employees for 6CPC revision)

In these lines, we have attempted here to estimate 7th Pay Commission Pension as follows
7th Pay Commission Pension / Family Pension will be the sum of following values.
1. Pension / Family pension as on 01.01.2016
2. Dearness Relief as on 01.01.2016 (Dearness Relief of 120% has been estimated as on 01.01.2016)
3. Fitment benefit of 40% on Pension / Family Pension as on 01.01.2016.

 In respect of Pensioners who retire before 01.01.2016, 7CPC Pension has been calculated as maximum of A and B detailed below:

A. Pension received as on January 2015 is merged with 120% DA as on 01.01.2016 and added with 40% of basic pension as on 01.01.2016 as fitment benefit
B. Revised Pension ordered for Pre-2006 Pensioners as per Department of Pension F.No.38/37/08-P&PW(A) dated 28.01.2013 (Click here to download this OM)
Pay Scale / Pay band wise 7th Pay Commission Pension and Family Pension in respect of Pre-2006 Pensioners (whose pension as on January 2015 is less than the minimum pension stipulated in revised concordance table as per OM dated 28.01.2013
Pay scale w.e.f.1.1.1986 Post/ Grade and Pay scale w.e.f. 1.1.1996 Corresponding 6th CPC Pay Bands and Grade Pay Pension= 50% of Sum of minimum pay in the pay band and grade pay/ minimum pay in the pay scale as per fitment table Family Pension = 30% of Sum of minimum pay in the pay band and grade pay/ minimum pay in the pay scale as per fitment table 7th Pay CPC Pension (after merger of 120% Dearness Relief andaddition of 40% of pension as on 01.01.2016) 7th Pay CPC Family Pension (after merger of 120% Dearness Relief and
addition of 40% of pension
as on 01.01.2016)
750-12-870-14-940 2550-55-2660-60-3200 4440-7440 GP -1300 3500 3500 9100 9100
775-12-871-12-1025 2610-60-3150-65-3540 4440-7440 GP 1400 3500 3500 9100 9100
775-12-871-14-955-15-1030-20-1150 2610-60-2910-65-3300-70-4000 4440-7440 GP 1600 3500 3500 9100 9100
800-15-1010-20-1150 2650-65-3300-70-4000 4440-7440 GP 1650 3500 3500 9100 9100
825-15-900-20-1200 2750-70-3800-75-4400 5200-20200 GP 1800 3665 3500 9529 9100
950-20-1150-25-1400 950-20-1150-25-1500 3050-75-3950-80-4590 5200-20200 GP 1900 3890 3500 10114 9100
975-25-1150-30-1540 975-25-1150-30-1660 3200-85-4900 5200-20200 GP 2000 4030 3500 10478 9100
1200-30-1440-30-1800 1200-30-1560-40-2040
1320-30-1560-40-2040
4000-100-6000 5200-20200 GP 2400 4920 3500 12792 9100
1350-30-1440-40-1800-50-2200 1400-40-1800-50-2300 4500-125-7000 5200-20200 GP 2800 5585 3500 14521 9100
1400-40-1600-50-2300-60-2600 1600-50-2300-60-2660 5000-150-8000 9300-34800 GP 4200 6750 4050 17550 10530
1640-60-2600-75-2900 5500-175-9000 9300-34800 GP 4200 7215 4329 18759 11255
2000-60-2120 6500-200-6900 9300-34800 GP 4200 8145 4887 21177 12706
2000-60-2300-75-3200 2000-60-2300-75-3200-3500 6500-200-10500 9300-34800 GP 4200 8145 4887 21177 12706
2375-75-3200-100-3500 2375-75-3200-100-3500-125-3750 7450-225-11500 9300-34800 GP 4600 9230 5538 23998 14399
2500-4000 7500-250-12000 9300-34800 GP 4800 9375 5625 24375 14625
2200-75-2800-100-4000 2300-100-2800 8000-275-13500 9300-34800 GP 5400 10140 6084 26364 15818
2200-75-2800-100-4000 8000-275-13500 (Group A Entry) 15600-39100 GP 5400 10500 6300 27300 16380
2630/- FIXED 9000 15600-39100 GP 5400 11070 6642 28782 17269
2630-75-2780 9000-275-9550 15600-39100 GP 5400 11070 6642 28782 20132
3150-100-3350 10325-325-10975 15600-39100 GP 6600 12905 7743 33553 20132
3000-125-3625 3000-100-3500-125-4500
3000-100-3500-125-5000
10000-325-15200 15600-39100 GP 6600 12600 7560 32760 19656
3200-100-3700-125-4700 10650-325-15850 15600-39100 GP 6600 13205 7923 34333 20600
3700-150-4450 3700-125-4700-150-5000 12000-375-16500 15600-39100 GP 7600 14960 8976 38896 23338
3950-125-4700-150-5000 12750-375-16500 15600-39100 GP 7600 15660 9396 40716 24430
3700-125-4950-150-5700 12000-375-18000 15600-39100 GP 7600 14960 8976 38896 23338
4100-125-4850-150-5300 4500-150-5700 14300-400-18300 37400-67000 GP 8700 23050 13830 59930 35958
4800-150-5700 15100-400-18300 37400-67000 GP 8700 24195 14517 62907 37744
5100-150-57005100-150-6150 5100-150-5700-200-6300 16400-450-20000 37400-67000  GP 8900 24295 14577 63167 37900
5100-150-6300-200-6700 16400-450-20900 37400-67000  GP 8900 24295 14577 63167 37900
4500-150-5700-200-7300 14300-450-22400 37400-67000 GP 10000 23700 14220 61620 36972
5900-200-6700 5900-200-7300 18400-500-22400 37400-67000 GP 10000 27350 16410 71110 42666
7300-100-7600 22400-525-24500 67000-79000NIL 33500 20100 87100 52260
7300-200-7500-250-8000 22400-600-26000 75500–80000 GP NIL 37750 22650 98150 58890
7600/- FIXED 7600-100-8000 24050-650-26000 75500–80000 GP NIL 38883 23330 101096 60658
8000/- FIXED 26000(FIXED) 80000(FIXED) GP NIL 40000 24000 104000 62400
9000/- FIXED 30000(FIXED) 90000(FIXED) GP NIL 45000 27000 117000 70200

Read at 7th Pay Commission Pension Calculator by GConnect
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7th Central Pay Commission: The Services should ensure a better deal for the Short Service Commission Scheme

The 7th Central Pay Commission: The Services should ensure a better deal for the Short Service Commission Scheme – Article by Maj Navdeep Singh on IndianMilitaryInfo.in
Now that the issues tagged with the 7th Central Pay Commission are gaining momentum, it is very important to again bring to light the matters related to the scheme of Short Service Commission, which arguably is being thought of as the backbone of the officer cadre of the defence services for the future.
A few years ago, the Short Service Commission Scheme of the Army was regressively tweaked from the earlier 5+5+4 system to the 10+4 system making service of 10 years compulsory in the Army for such officers. This was ostensibly done to make the scheme more ‘attractive’, but ironically, this is the greatest disservice that could ever be rendered and has had just the opposite effect. The reasons why I say so can be fathomed from this old post of mine:

A. There is no seniority protection in the civil services for former SS officers anymore, which means that an ex-SSCO starts his/her civil career alongwith civil direct recruits 10 years younger to him/her and atleast two ranks junior to his/her former status in the Army.

B. If joining the corporate world, the ex-SS officer again starts at a point of the ladder where he/she competes with youngsters who already have had a head-start which the former SS officer missed out due to his/her joining the Army.

C. Ex-Servicemen benefits are entitled only on completion of terms of engagement which means that the said benefits which were earlier available after 5 years, are now available after serving for 10.

D. 10% of appointments at Assistant Commandant (Lieutenant equivalent) level in the CAPFs are reserved for SSCOs. There is no protection of seniority. Hence, ex-SSCOs of Major and Lt Col level are expected to join at Lieut level (GP 5400) in the CAPFs which makes the entire reservation redundant.

E. After completing 10 years of service, an SSCO is in his/her 30s and to expect him/her to then look around for a fruitful career, in my opinion, is otiose.

It may be important to point out that in the civil services, in accordance with Rule 49 (2) (b) of the Central Civil Services (Pension) Rules, 1972, civil employees become eligible for pension after serving the govt for 10 years, whereas our SSCOs are released without a pension and are only granted a gratuity even after serving 14 years. After the 6th CPC, civil employees are now entitled to full pension after serving 10 years under the ibid rule (it was 33 years for full pension prior to 6th CPC). Of course the 10 year rule on the civil side only applies to those who are released or retired after completing 10 years and not to voluntary retirees.
On learning that the defence services had made no recommendation of a proper pension scheme for SSCOs to the 7th CPC, I had duly pointed out its very pertinent requirement if we were to ensure retention of talent in this very important cadre of the defence services.

In short, the top brass of the Ministry of Defence and also the defence services, without being unduly guided by personal opinions of their staff, must take a holistic view and address the following issues to retain talent in the Short Service Commission and to maintain the izzat and sheen of the military rank in the civil society in general:
(1) Reverting back to the system of 5+5+4 years terms of engagement rather than the 10+4 years which leaves our officers neither here nor there.

(2) Introduction of pension after 10 years for those who opt to continue beyond 5 years on the lines of Rule 49 (2)(b) on the civil side, or a suitable contributory pension scheme.

(3) Ensuring retention and protection of seniority and status in the civil services for SSCOs.
(4) Restoration of outpatient medical facilities to released SSCOs and ECOs whichwere illegally withdrawn by the Director General of Armed Forces Medical Services.
Though the above steps are not exhaustive, it is only now that putting our brains together could make any positive dent, otherwise, the matter would further be postponed for another 10 years to the next pay commission. The Services HQ should stand up and take a call!

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MHA for pay on par with Army for paramilitary forces

7CPC: MHA for pay on par with Army for paramilitary forces

 In a move that will benefit over nine lakh paramilitary personnel, the Ministry of Home Affairs (MHA) has proposed to the Seventh Pay Commission a “special pay” on par with the Army and has also batted for a better leave structure for the personnel who are deployed for counter-insurgency operations across the country. If MHA’s proposal to give extra allowance to the Central Armed Police Force (CAPF) personnel is accepted, a constable will be richer by at least Rs 48,000 per annum.
The Seventh pay Commission was constituted by the UPA government in February 2014, just before they went out of power. The MHA has also proposed creation of the post of a “head constable” in every section (roughly comprising 11 personnel) for better promotion opportunity.

“A standard company of any paramilitary generally consists of 100 personnel, which has nine sections. Presently there are only two head constables (HC) per section and if the MHA’s proposal is accepted, one more post of HC will be added,” said a senior official.
 
The Seventh Pay Commission will revise the salaries of over 50 lakh central government employees and remuneration of 30 lakh pensioners. The Sixth Pay Commission that was set up in 2006 cost the exchequer an additional Rs 26,035 crore.
 
A large number of paramilitary forces officers have quit in the last five years due to stagnation and tough working conditions. Around 9,000 personnel quit BSF, CRPF, ITBP, CISF and SSB due to unfavourable working conditions.
 
“While in the Army an officer is entitled to 20 casual leaves and jawans are entitled for 30 casual leaves, in the CAPF all the personnel are entitled to 15 days casual leave. The MHA has proposed to increase this too,” the official said.

“It has been a longstanding demand of CAPF to provide them parity with the Army as the nature of their duties have changed over the years. They are deployed in areas affected by Maoists, which have tough living conditions and are also prone to high risk,” the official said.
 
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Double the salaries of Telangana State Government Employees

Double the salaries of Telangana State Government Employees

In a move that will almost double the salaries of Telangana employees, the state government announced implementation of the pay hike recommended by the pay revision commission (PRC) with a fitment of 43%.
Chief minister K Chandrasekhar Rao said at a press conference on Thursday that the pay panel, headed by special chief secretary to the government K Pradeep Chandra, was the first PRC of Telangana.

“Ours is an employee-friendly government. We have recognised the employees’ role in realisation of statehood. The notification of the implementation of pay hike will be issued on Friday which is regarded as goddess Lakshmi’s day,” said the chief minister.

The pay hike, which results in an additional burden of Rs 6,500 crore to the exchequer, will be implemented with retrospective effect from June 2, 2014 – the day Telangana was formed. The chief minister said that the arrears would be deposited in the employees’ general provident fund (GPF) account which fetches 8.5% interest. The revised salaries will reach the employees beginning this March.

The announcement led to jubilation in the Secretariat and employees celebrated by bursting fire crackers. Over 3.5 lakh government staff will enjoy the benefit.

“We thank the chief minister for the PRC implementation. We know this would a burden on the exchequer. We assure that the employees will work hard to enhance revenue for the government,” chairman of Telangana Non-Gazetted Officers’ (TNGO) Association, S Devi Prasad Rao, said.

While the 10th PRC headed by PK Agarwal had recommended 29% fitment in its report submitted in July 2013, Telangana employees demanded 69% and a minimum monthly wage of Rs 15,000.

The government constituted the Pradeep Chandra committee to look into the demands of employees. After several rounds of consultations with representatives of various employee associations including TNGO and Telangana Gazetted Officers’ Association (TGO), the committee recommended the pay hike formula.
The chief minister said that he hurried to announce the new pay since a notification was expected any moment for the state legislative council elections due in March. Once the notification is issued, the government could not have implemented the hike since the poll code will not allow it.

While there is no mention about the demand of the minimum wage of Rs 15,000, the CM said that the PRC would look into pending anomalies in the salary structure. “We hope that this issue would be addressed by the panel and employees will get their due,” said chairman of commercial tax employees’ joint action committee,

T Vivek.

Source: Central Government News
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THE CONSTITUTION (ONE HUNDRED AND TWENTY-FIRST AMENDMENT) BILL, 2014

THE CONSTITUTION (ONE HUNDRED AND TWENTY-FIRST AMENDMENT) BILL, 2014
 
AS INTRODUCED IN LOK SABHA
ON 11.8.2014
Bill No. 97 of 2014

THE CONSTITUTION (ONE HUNDRED AND TWENTY-FIRST AMENDMENT) BILL, 2014
A
BILL
further to amend the Constitution of India.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
1. (1) This Act may be called the Constitution (One Hundred and Twenty-first Amendment) Act, 2014.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. In article 124 of the Constitution, in clause (2),––
(a) for the words “after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose”, the words, figures and letter “on the recommendation of the National Judicial Appointments Commission referred to in article 124A” shall be substituted;
(b) the first proviso shall be omitted;
(c) in the second proviso, for the words “Provided further that”, the words “Provided that” shall be substituted.

3. After article 124 of the Constitution, the following articles shall be inserted, namely:—
“124A. (1) There shall be a Commission to be known as the National Judicial Appointments Commission consisting of the following, namely:––

(a) the Chief Justice of India, Chairperson, ex officio;
(b) two other senior Judges of the Supreme Court next to the Chief Justice of India ––Members, ex officio;
(c) the Union Minister in charge of Law and Justice––Member, ex officio;
(d) two eminent persons to be nominated by the committee consisting of the Prime Minister, the Chief Justice of India and the Leader of Opposition in the House of the People or where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in the House of the People –– Members:
Provided that one of the eminent person shall be nominated from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities or Women:
Provided further that an eminent person shall be nominated for a period of three years and shall not be eligible for renomination.
(2) No act or proceedings of the National Judicial Appointments Commission shall be questioned or be invalidated merely on the ground of the existence of any vacancy or defect in the constitution of the Commission.
124B. It shall be the duty of the National Judicial Appointments Commission to—
(a) recommend persons for appointment as Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts and other Judges of High Courts;
(b) recommend transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court; and
(c) ensure that the person recommended is of ability and integrity.
124C. Parliament may, by law, regulate the procedure for the appointment of Chief Justice of India and other Judges of the Supreme Court and Chief Justices and other Judges of High Courts and empower the Commission to lay down by regulations
the procedure for the discharge of its functions, the manner of selection of persons for appointment and such other matters as may be considered necessary by it.”.

4. In article 127 of the Constitution, in clause (1), for the words “the Chief Justice of India may, with the previous consent of the President”, the words “the National Judicial Appointments Commission on a reference made to it by the Chief Justice of India, may with the previous consent of the President” shall be substituted.

5. In article 128 of the Constitution, for the words “the Chief Justice of India”, the words “the National Judicial Appointments Commission” shall be substituted.

6. In article 217 of the Constitution, in clause (1), for the portion beginning with the words “after consultation”, and ending with the words “the High Court”, the words, figures and letter “on the recommendation of the National Judicial Appointments Commission referred to in article 124A” shall be substituted.

7. In article 222 of the Constitution, in clause (1), for the words “after consultation with the Chief Justice of India”, the words, figures and letter “on the recommendation of the National Judicial Appointments Commission referred to in article 124A” shall be substituted.

8. In article 224 of the Constitution,––
(a) in clause (1), for the words “the President may appoint”, the words “the President may, in consultation with the National Judicial Appointments Commission, appoint” shall be substituted;
(b) in clause (2), for the words “the President may appoint”, the words “the President may, in consultation with the National Judicial Appointments Commission, appoint” shall be substituted.

9. In article 224A of the Constitution, for the words ‘‘the Chief Justice of a High Court for any State may at any time, with the previous consent of the President’’, the words ‘‘the National Judicial Appointments Commission on a reference made to it by the Chief Justice of a High Court for any State, may with the previous consent of the President’’ shall be substituted.

10. In article 231 of the Constitution, in clause (2), sub-clause (a) shall be omitted.

STATEMENT OF OBJECTS AND REASONS

The Judges of the Supreme Court are appointed under clause (2) of article 124 and the Judges of the High Courts are appointed under clause (1) of article 217 of the Constitution, by the President. The Ad hoc Judges and retired Judges for the Supreme Court are appointed under clause (1) of article 127 and article 128 of the Constitution respectively. The appointment of Additional Judges and Acting Judges for the High Court is made under article 224 and the appointment of retired Judges for sittings of the High Courts is made under article 224A of the Constitution. The transfer of Judges from one High Court to another High Court is made by the President after consultation with the Chief Justice of India under clause (1) of article 222 of the Constitution.

2. The Supreme Court in the matter of the Supreme Court Advocates-on-Record Association Vs. Union of India in the year 1993, and in its Advisory Opinion in the year 1998 in the Third Judges case, had interpreted clause (2) of article 124 and clause (1) of article 217 of the Constitution with respect to the meaning of “consultation” as “concurrence”.

Consequently, a Memorandum of Procedure for appointment of Judges to the Supreme Court and High Courts was formulated, and is being followed for appointment.

3. After review of the relevant constitutional provisions, the pronouncements of the Supreme Court and consultations with eminent Jurists, it is felt that a broad based National Judicial Appointments Commission should be established for making recommendations for appointment of Judges of the Supreme Court and High Courts. The said Commission would provide a meaningful role to the judiciary, the executive and eminent persons to present their view points and make the participants accountable, while also introducing transparency in the selection process.

4. The Constitution (One Hundred and Twenty-first Amendment) Bill, 2014 is an enabling constitutional amendment for amending relevant provisions of the Constitution and for setting up a National Judicial Appointments Commission. The proposed Bill seeks to insert new articles 124A, 124B and 124C after article 124 of the Constitution. The said Bill also provides for the composition and the functions of the proposed National  Judicial Appointments Commission. Further, it provides that Parliament may, by law, regulate the procedure for appointment of Judges and empower the National Judicial
Appointments Commission to lay down procedure by regulation for the discharge of its functions, manner of selection of persons for appointment and such other matters as may be considered necessary.

5. The proposed Bill seeks to broad base the method of appointment of Judges in the Supreme Court and High Courts, enables participation of judiciary, executive and eminent persons and ensures greater transparency, accountability and objectivity in the appointment of the Judges in the Supreme Court and High Courts.

6. The Bill seeks to achieve the above objectives.
RAVI SHANKAR PRASAD.
NEW DELHI;
The 8th August, 2014.

PRESIDENT’S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA
————
[Copy of letter No. K-11016/1/2009-US.II, dated 8 August, 2014 from Shri Ravi Shankar Prasad, Minister of Law and Justice to the Secretary-General, Lok Sabha]
The President, having been informed of the subject matter of the proposed Constitution (One Hundred and Twenty-first Amendment) Bill, 2014, recommends to the House the  consideration of the Bill under article 117(3) of the Constitution of India.

ANNEXURE
EXTRACTS FROM THE CONSTITUTION OF INDIA
* * * * *
CHAPTER IV. —THE UNION JUDICIARY
124. (1) * * * * *

(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years:
Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted:
Provided futher that—
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b) a Judge may be removed from his office in the manner provided in clause (4).
* * * * *
127. (1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.
* * * * *
128. Notwithstanding anything in this Chapter, the Chief Justice of India may at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court:

Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do.
* * * * *
217. (1) Every Judge of a high Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of sixty-two years:

Provided that—

(a) a Judge may, by writing under his hand addressed to the President, resign his office;

(b) a Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court;
(c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.
* * * * *
222. ( 1 ) The President may, after consultation with the Chief Justice of India, transfer a Judge form one High Court to any other High Court.
* * * * *
224. (1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specify.

(2) When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as
a Judge of that Court until the permanent Judge has resumed his duties.
* * * * *

224A. Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court:

Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.
* * * * *

231.(1) * * * * *
(2) In relation to any such High Court,—
(a) the reference in article 217 to the Governor of the State shall be construed as a reference to the Governors of all the States in relation to which the High Court exercises jurisdiction;

* * * * *
LOK SABHA
————
A
BILL
further to amend the Constitution of India

(Shri Ravi Shankar Prasad, Minister of Law and Justice)

Source: http://rajyasabha.nic.in
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Five Year Action Plan on “Swachh Bharat Mission”

Five Year Action Plan on “Swachh Bharat Mission”

• The ‘Swachh Bharat Mission’ which waS launched on 2nd October 2014 should be sustained in a vigorous manner to achieve the goals set for the year 2019.

• Development of adequate infrastructur~ like washable aprons, waste disposal system, effluent treatment plants, sewer lines/septic tanks and amenities such as platform surface, circulating area favourable to mechanized cleaning

• Development of modern tools, plants and equipments for platform surfaces and circulating area and drainage. At all “A-i” and “A” category stations adequate number of dustbins, segragated for biodegradable and nonbiodegradable garbage shall be provided.

• Regular awarding of contracts i.e. rag picking, garbage disposal, pest control and one time, cleaning contracts.

• Periodic drives should be conducted at station to keep the momentum high. DRMs should be advised to participate in these drives so that a spirit of ownership of the campaign in generated.

• In the next five years regular events on cleanliness to be organized.

• Public awareness campaign should be continued through the various media available with IR including posters at stations and announcements through public address system. Campaign should also include action under the Railway’s anti-littering rules of 2012.

• Campaign should also include action under the Railway’s anti-littering rules of 2012.

• More and more mechanized cleaning gadgets will be introduced along with better types of cleaning agents. Periodic contracts for rag picking and garbage disposal to be awarded.

• More and more toilets will be brought under the purview of ‘Pay & Use’ toilets;

• Regular inspections to be conducted at various levels viz. GMs, DRMS, SIGs (Service Improvement Groups) and at other Officers level to check the standard of cleanliness. During these inspections, deficiencies if noticed in various areas such as drainage, availability of dustbin, sewerage, water supply, washable apron and garbage disposal, will be wiped out.

• Monitoring cleanliness through CCTV cameras installed at major stations .

• An award to recognize the best efforts made by the zonal railways at stations towards the cause of cleanliness shall be introduced. Such an award shall be called “Swachh Station” award and shall be given on All India basis in each category of station.

In line with the above, the following action shall be taken:
(i) Each Zonal Railway shall prepare a division-wise Action Plan which shall indicate the mechanism of cleaning (departmental or outsourced) and the frequency prescribed for cleaning at each station.

• SIG inspections report and feedback from the public should value and acted upon immediately.

• All newly manufactured coaches by the coach Production Units shall be compulsorily fitted with Bio-toilets before they are turned out by 2016-17 and all existing in-service coaches running on Indian Railways shall be retrofitted with Bio-toilets by 2021-22.

• The focus of the five year plan shall be on developing cleanliness oriented infrastructure and system improvements for sustainable cleanliness.

• Zonal Railways and Production Units shall formulate five-year plans indicating allocations of funds to bring about a radical change in the public perception about the cleanliness orientation of Indian Railways at all locations, particularly the customer interface areas namely, stations, trains, offices, etc.

Source: Indian Railways
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Indian Railway: Swachh Bharat Mission- Annual Action Plan

Indian Railway: Swachh Bharat Mission- Annual Action Plan

Annual Action Plan for the Year 2014-15

• In terms of the mega-initiatives taken by Zonal Railways under the Swachh Bharat Mission, regular events on cleanliness are to be organized, including periodic cleanliness drives.

• All aspects of the campaign shall be continued including tree plantation, removal of encroachments, painting of road kerbs, clearing posters, repairing street lights, improving drainage, improving signage, whitewashing of buildings etc. shall be continued.

• Focus on clean and hygienic toilets and in particular those located at railway stations.

• Main sources of garbage generation should be identified at stations and station specific solutions should be put in place.

• Dust bins should be provided at all locations in the stations and the public should be advised and encouraged to use the same. Garbage generated by vendors/stalls/catering units should be promptly disposed off by the stall/unit holders into the earmarked refuse bins.

• Under this mission it shall be ensured that stations, tracks, colonies and offices are maintained in a clean and hygienic condition.

• There will be sustained ‘Public Awareness Campaign’ to promote Swachh Bharat Mission.

• Campaign should also include action under the Railway’s anti-littering rules of 2012.

• More and more mechanized cleaning gadgets will be introduced along with better types of cleaning agents. Periodic contracts for rag picking and garbage disposal to be awarded.

• More and more toilets will be brought under the purview of ‘Pay & Use’ toilets.

• Regular inspections to be conducted at various levels viz. GMs, DRMS, SIGs (Service Improvement Groups) and at other Officers level to check the standard of cleanliness. During these inspections, deficiencies if noticed in various areas such as drainage, availability of dustbin, sewerage, water supply, washable apron and garbage disposal, will be wiped out.

• Monitoring cleanliness through CCTV cameras installed at major stations.

• An award to recognize the best efforts made by the zonal railways at stations towards the cause of cleanliness shall be introduced. Such an award shall be called “Swachh Station” award and shall be given on All India basis in each category of station.

In line with the above, the following action shall be taken:
(i) Each Zonal Railway shall prepare a division-wise Action Plan which shall indicate the mechanism of cleaning (departmental or outsourced) and the frequency prescribed for cleaning at each station.

(ii) Mechanism for monitoring cleanliness at the station along with the inspection schedule at the station where the monitoring shall be done through CCTVs.

(iii) At all ‘A-1″ category stations under the cleanliness contract, Service Level Agreements (SLAs) prescribing measurement of cleanliness shall be gradually introduced. A sample SLA may be obtained from Delhi Metro Rail Corporation.

(iv) The divisions shall upload photographs of cleanliness drives to the website at a specified periodicity.

(v) Zonal Railways shall indicate the Action Plan, allocation of assessed funds for cleanliness drives for implementing the Swachh Bharat Mission.

(vi) Each division should identify vulnerable areas between stations for clearing encroachment and dumping of wastes and shall take coordinated action with local bodies. The RPF in coordination with GRP should ensure that trespassing is checked to prevent dumping of wastes in the railway area.

(vii) The mechanism of cleaning of trains under OBHS, CTS, etc., should be laid down clearly.

(viii) Public awareness campaign and public education campaign should be carried out on a regular basis. Apart from the media available with the railways, such as public announcement system, CCTVs, advertisement space at stations, etc., division should also issue press releases in the newspapers. Interviews to press and media by senior officers should be given to ensure adequate coverage of the action taken.
(ix) Use of social media should also be made to interact with the public and seeking their support on the endeavour of Indian Railways in the Swachh Bharat Mission.

(x) The progress of the Swachh Bharat Mission should be monitored on a daily basis by the ADRMs at the divisional and AGM at the Zonal level. Monthly reports should be sent to Railway Board.
Source: http://www.indianrailways.gov.in/
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Environmental issues in Indian Railway – Formation of Environment Directorate in Railway Board

Environmental issues in Indian Railway – Formation of Environment Directorate in Railway Board

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No.20l5/ Environ/6/1
New Delhi dated 07.01.2015
To
GMs / Zonal Railways and Production Units,
CAO/DMW/Patiala and CAO/RWP/Bela

Sub: Environmental issues in IR – Formation of Environment Directorate in Railway Board.

In order to give an increased focus and thrust on Environmental issues handled in IR, an exclusive Directorate has been formed in Railway Board, headed by an Advisor, functioning directly under CRB. Executive Directors from Civil Engineering, Electrical, Mechanical, Traffic & Commercial, Finance and Efficiency & Research Directorates have been earmarked to be part of the Environment Directorate. This Directorate will monitor Zonal Railways and Production Units with regard to their performance on Environmental issues, particularly on:
(a) Pollution Control
(b) Efficiency in consumption of Energy
(c) Conservation of resources, particularly water
(d) Proper Lise of land including afforestation and
(e) Developrnent, production & use of alternative sources of energy.
2.0 In order to increase the focus and thrust on Environmental issues, following actions may kindly be taken.
i) Trend of consumption of Traction energy (Electrical and Diesel) to be monitored and figured along with comments as a regular item of the body of your MCDO.

ii) Audit & accreditation on Environment in major activity centres viz., workshops, depots/sheds and Railway stations, to be completed early in a time bound manner.

iii) Undertaking Audits on Energy and water consumption in the ‘A category’ consumption centres and ensuring completion of the same along with an action plan within the next 6 months.

iv) Introducing a system of user level (including stations) monitoring of consumption of all types of energy as well as water on a monthly basis, along with a trend analysis and Bench marking of consumption.

v) Identification of ongoing works having positive contribution towards Environment, taking forward the same for timely completion and realization of benefits.

vi) Annexing a report in the MCDO on trends/ developments on environmental issues, particularly with regard to items listed in (i) to (v) above, department wise, along with highlights if any, in the body of MCDO.
3.0 Compilation of reports periodically with regard to the environmental issues/actions as flagged above may be assigned to the Planning & Efficiency wing functioning in each Zonal Railway with actions to be coordinated by SDGIVl/AGM. In the case of PUs, this task may be assigned to the wing responsible for M&P maintenance.

4.0 Kindly send your reply tc this letter indicating actions being taken/ proposed by various departments on environmental issues, within a fortnight.
(K.Swaminathan)
Advisor (Environment)
Railway Board
Source: Indian Railways
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Preparations for oral evidence before Seventh Central Pay Commission

Preparations for oral evidence before Seventh Central Pay Commission
Most Urgent
Shiva gopal mishra
Secretary
National Council (Staff Side)
Joint consultative Machinery
for Central government employees
13-C, Ferozshah Road, New Delhi — 110001
E Mail : nc.jcm.np@gmail.com
No.AIRF/405(VII CPC)
Dated: February 5, 2015
The General Secretaries,
All Affiliated Unions,
Dear Comrades,

Sub: Preparations for oral evidence before Seventh Central Pay Commission

You are aware that the schedule of holding hearings by the VII CPC may appear on any day, and oral evidence is likely to commence from March 2015.

We must prepare ourselves for oral evidences as was produced before the previous Pay Commissions.

During VI CPC hearing, following 15 groups were formed:-
(i) Loco & Traffic Running Staff, including Supervisory and Inspectorial Cadres
(ii) Technicians of all departments
(iii) Signal, Telecommunication, Electrical & Mechanical Departments
(iv) Technical Supervisors of all departments.
(v) Transportation(Operating Staff), including Controllers and Station Managers
(vi) Accounts, EDP, Cashiers etc.
(vii) Stores Department and Printing Press Staff
(viii) Trackmen, Patrolmen, Gatemen, Trolleymen, Keymen, Mate and P. Way Supervisors
(ix) Production Units, Workshops and Scientific Staff
(x) Works, Bridge and Track Machines
(xi) Commercial Staff
(xii) Health & Medical Staff
(xiii) Legal, School, Canteen Staff, RDSO and Other Misc. Staff
(xiv) Ministerial Staff, viz. Stenographers, Rajbhasha/Official Language, Publicity Inspector etc.
(xv) General Issues, including working conditions, job hazards, career growth, allowances etc.(other than those mentioned in the NC/JCM Memorandum) represented by the leaders of the AIRF.
In addition to above, for the first time, Women Employees’ Group was also given patient hearing separately by the VI CPC on special efforts of the AIRF.

Every Zonal Railway Union must decide one representative for each group, having outstanding ability and dedication as also deep overall knowledge of the departments of the concerned group.

One representative from each of the affiliated unions in the  Production Units/Metro Railway Kolkata and RDSO for overall evidence in the same spirit.

Representatives, so decided, be guided to go through the memorandum of the AIRF submitted to VII CPC as also technological and system changes added in the railway system in various departments.
Video Clippings/PowerPoint Presentations of intricate posture workings, sophisticated works, locomotives, coaches, wagons, bridges, maintenance depots, sheds, yards, traction, RRIs etc. be also compiled for the presentation besides preparation to reflect human input in performing particular job content. Write-ups should be very brief and pointed so as to complete the evidence within maximum 10 minutes.

Like past, “Internal Meetings” of the AIRF will be managed one-day in advance of the hearing of the particular groups at the respective places, which will be communicated, once schedule of the hearings is finalized by the Pay Commission, and the names of the representatives to appear for the evidence will be decided after Internal Meeting, based on the limitation of the Pay Commission.
Hoping your due attention.
Yours faithfully
sd/
(S.G.Mishra)
Source: AIRF
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Cabinet approves release of an additional instalment of DA to Central Government employees and DR to Pensioners, due from 1.1.2019

Cabinet approves release of an additional instalment of DA to Central Government employees and DR to Pensioners, due from 1.1.2019   ...

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