7th CPC pay and allowances will be available to all the Government employees of UTs of Jammu & Kashmir and Ladakh

Ministry of Home Affairs

7th Central Pay Commission allowances worth around Rs. 4800 crores approved for Government employees of UTs of Jammu & Kashmir and Ladakh

Two AIIMS like institutions in Jammu and Srinagar and eight medical colleges in Jammu, Kashmir and Ladakh regions approved: Shri G. Kishan Reddy

10 DEC 2019

Union Minister of State for Home Affairs, Shri G. Kishan Reddy, in a written reply to a question regarding development of new UTs of Jammu and Kashmir and Ladakh, in Lok Sabha today, said that the Government of India has been fully committed to the overall development of the erstwhile State of Jammu and Kashmir as well as the newly created Union Territory of Jammu and Kashmir and the newly created Union Territory of Ladakh.

Also check the latest happenings in 7th Central Pay Commission

Shri Reddy informed the House that certain 7th Central Pay Commission (CPC) allowances namely Children Education Allowance, Hostel Allowance, Transport Allowance, LTC, Fixed Medical Allowance that were not being given to nearly 4.5 Lakh State Government employees in the erstwhile State of Jammu and Kashmir have been approved for an estimated cost of Rs.4800 Crores, for all such employees, who are now working in the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh, since the day these new Union Territories came into existence i.e 31st October 2019. Since the newly created UTs have come into existence, all the 7th CPC pay and allowances will be available to all the Government employees of both the new UTs.

Further, Shri Reddy stated that after the creation of the two UTs on 31st October, 2019, a total of Rs.14,559.25 crores as the balance share of 14th Finance Commission grants, share of taxes etc. that were being given to the erstwhile State of Jammu and Kashmir has been apportioned amongst the two new UTs. Out of this, Rs. 2,977.31 crores has already been released to the UT of Jammu and Kashmir and Rs.1,275.99 crores has already been released to the UT of Ladakh till date.

On account of article 35A and other constitutional ambiguities, the people of these regions were denied full rights enshrined in the Constitution of India and other benefits of various Central Laws that were being enjoyed by other citizens in the country. After the declaration issued by the President under Article 370, based on recommendation of the Parliament, and reorganization of the erstwhile State of Jammu and Kashmir into Union Territory of Jammu and Kashmir and Union Territory of Ladakh, all such aspects have been addressed and therefore the Jammu, Kashmir and Ladakh regions can develop and progress like other parts of the country.

Under the Centrally Sponsored Scheme, the Government has approved establishment of eight medical colleges in Jammu, Kashmir and Ladakh regions. These medical colleges, which are under various stages of implementation, will come up in the districts of Doda, Kathua, Baramulla, Anantnag, Rajouri, Udhampur, Handwara (Dist. Kupwara) in the UT of Jammu and Kashmir and the district of Leh in the UT of Ladakh. The Government has also approved creation of two AIIMS like institutions in Jammu and Srinagar, the Minister informed.

PIB

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GOVERNMENT OF JAMMU AND KASHMIR
FINANCE DEPARTMENT

NOTIFICATION

Jammu, the 24th April, 2018.

SRO- 194.- In exercise of powers conferred under section 124 of the Constitution of Jammu and Kashmir, the Governor is pleased to direct that the following amendments shall be made in the Jammu and Kashmir Civil Services Regulations, namely:

In the said regulations:

1. The following shall be inserted as Note 2 below Article 27(aa) and the existing Note will be re-numbered as Note 1:-

Note 2:

The term “Basic Pay” w.e.f 01-01-2016 shall mean the pay drawn in the prescribed Level in the Pay Matrix, but does not include any other type of pay like special pay, etc.

2. The following shall be inserted as proviso below Article 32:-

Provided that with effect from 01-01-2016, Pay means the pay drawn by a Government servant in the Level of the Pay Matrix as defined in the Jammu & Kashmir Civil Service (Revised) Pay Rules, 2018.

3. The following shall be inserted as Article 240-A (VII) below Article 240-A(VI):

240-A (VII):

Notwithstanding anything contained in Article 240-A (VI) with regard to fixation of pension and maximum limit thereof, the amount of superannuation, special, retiring, compensation and invalid pension in respect of Government servants who opt for revised pay levels w.e.f. 01-01-2016 and retire on or after 01-01-2016 and have rendered the minimum qualifying service of 28 years, shall be calculated at 50% of emoluments last drawn subject to a minimum of Rs. 9000 per month (excluding the element of additional pension)and a a maximum up to 50% of the highest pay in the Govt., i.e.Rs.1,12,500. The pension of Government servants, who at the time of retirement have rendered qualifying service of 10 years or more but less than 28 years, will be in such proportion of the maximum admissible pension as the qualifying service rendered by them bears to maximum qualifying service of 28 years.

Provided that the amount of superannuation, special, retiring, compensation and invalid pension in respect of Government servants who opt for revised pay levels of 01-01-2016 and retire on or after 28-04-2017 and have rendered the minimum qualifying service of 20 years, shall be calculated at 50% of emoluments last drawn subject to a minimum of Rs.9000 per month (excluding the element of additional pension) and a maximum up to 50% of the highest pay in the Govt., i.e. n,12,500. The pension of Government servants, who at the time of retirement have rendered qualifying service of 10 years or more but less than 20 years, will be in such proportion of the maximum admissible pension as the qualifying service rendered by them bears to maximum qualifying service of 20 years.

Provided further that the Government servants, who have retired on or after 01-01-2016 up to 31-03-2018 in the pre-revised Pay Scales/ Pay Bands, shall be deemed to have actually drawn the emoluments in the revised Pay Levels for determination of Pension.

With effect from 01-01-2016, full pension (i.e. pension earned by rendition of not less than the minimum qualifying service prescribed for full pension) of all the pensioners irrespective of date of their retirement shall not be less than 50% of the minimum of the pay applicable in the revised pay levels. The pension shall be sanctioned with reference to total qualifying service for pension rendered by the Government employee.

Where pension has been provisionally sanctioned in cases occurring on or after 01-01-2016, the same shall be revised in terms of these rules. In case where the pension has been finally sanctioned under the pre-revised rules and if it happens to be more beneficial than the pension becoming due under this rule, the pension already sanctioned shall not be revised to the disadvantage of the pensioner.

4. The following shall be added as sub-rule (c) below Article 240- BB.

In the event of death in harness on or after 01-01-2016, the rates of payment of death Gratuity shall be as under:

5. The following shall be added as Note 8 below Article 240-BB:

With effect from 01-01-2016, the maximum limit of the Death-cum-Retirement Gratuity shall be Rs. 20.00 lakh. The ceiling on DCRG will increase by 25% whenever the Dearness Allowance rises by 50% of the basic pay.

Provided that the Government employees who have retired/died on 01-01-2016 or may retire/die thereafter, the ‘Emoluments’ for Death¬cum-Retirement Gratuity shall mean basic pay as defined in the Note 2 below Article 27(aa) and dearness allowance as admissible on the date of retirement.

Provided that w.e.f 01-01-2016, the term ‘Emoluments’ for the purpose of calculating various pensionery benefits other than ‘Retirement/Death Gratuity’ in respect of Government servants who may retire or die while in service shall mean “Basic Pay” as defined in the Note 2 below Article 27(aa)of these Regulations.

In respect of the Government servants, who have elected to continue to draw pay in the pre-revised scale of pay/ Pay Band in terms of Rule 5 of the Jammu and Kashmir Civil Services (Revised Pay) Rules, 2018 and may retire or die while in service on or after 01-01-2016, the pension shall be calculated in accordance with the Rules in force immediately before the commencement of these rules.

6. The following shall be inserted as a proviso Rule 20-(A) in Family Pension -cum-Gratutiy Rules (Schedule XV):

Provided that w.e.f 01-01-2016, the term “Basic Pay”, for purpose of family pension rules, shall mean basic pay as defined in the Note 2 below Article 27(aa).

7. The following shall be inserted as proviso 4 below Rule 20(BB) of Family Pension-cum-Gratuity Rules, 1964(Schedule XV):

Provided that the family pension in respect of the Govt. servants who may retire or die while in service on or after 01-01-2016 shall be computed at a uniform rate of 30% of Basic Pay in all cases and shall be subject to the minimum of Rs.9000/- PM and maximum of 30% of the highest pay in the Govt. i.e. Rs.1,12,500.

However, there will be no change in the rates of enhanced family pension in terms of Rule 20 of these Rules.

By the order of Governor of Jammu and Kashmir.

S/d,
(Navin K. Choudhary), IAS,
Principal Secretary to Government,
Finance Department.

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