IRTSA Write a Letter To Hon’ble Minister for Finance for Freezing of DA and DR till July 2021, Appeal for Review of Decision

IRTSA Write a Letter To Hon’ble Minister for Finance for Freezing of Dearness Allowance to Central Government employees and Dearness Relief to Central Government pensioners at the current rates till July 2021 – Appeal for review of decision

INDIAN RAILWAYS TECHNICAL SUPERVISORS ASSOCIATION
(Estd. 1965, Regd. No.1329)
C.Hq. 32, Phase 6, Mohali, Chandigarh-160055.

No:IRTSA / CHQ / Memo. 2021-1

Date: 29.01.2021

Hon’ble Minister for Finance,
Government of India,
North Block, New Delhi-110001.

Respected Madam,

Subject: Freezing of Dearness Allowance to Central Government employees and Dearness Relief to Central Government pensioners at the current rates till July 2021 – Appeal for review of decision;

Also Check: DA Loss Calculation Table for Central Government Employees

Ref: 1) Ministry of Finance, Department of Expenditure OM No.1 / 1 / 2020-E-II (B), dated 23-04-2020.
2) Our earlier memorandum No: IRTSA / CHQ / Memo / 2020-3, dated 30.04.2021.

1) Indian Railways Technical Supervisors Association (IRTSA) is grateful for proper planning and execution of preventive measures to overcome the pandemic during major part of 2020 by Government of India & State Governments.

2) Central & State Governments are able to implement corona preventive measures seamlessly, keeping the Government machinery with full efficiency, more particularly implementation of major infrastructure improvement works, etc successfully because of untiring effort put up by Central & State Government employees.

Also Read: Dearness Allowance and Dearness Relief Table for Central Government Employees and Pensioners

3) Railwaymen are working at the forefront risking their lives to keep passenger, freight & parcel services operational for ensuring the transport of passengers and uninterrupted supply of essential commodities across the country. Indian Railways have taken up many special tasks to fight against COVID-19 pandemic.

4) It is, however, very disheartening that the Government has decided to freeze rates of DA and DR and the same would not be revised upto July 2021; and that no arrears will be paid. This has adversely affected financial condition as well as morale of the employees.

5) IRTSA reiterates the following points and appeal for de-freezing of rates of DA and DR.

Freezing of DA to Central Govt employees

Also Read: Appeal for review of decision Freezing of Dearness Allowance to Central Govt employees

• a) DA is a part of Pay, compensating for the erosion in the real value of the salary. DA can only be deducted either as a punitive measure or with the consent of the employees.
• b) Total loss for employees and pensioners on account of freezing of DA and DR would be over 1.5 months of Pay & Pension and possibly even more than that.
• c) Freezing the DA & DR proved to be counter-productive, as freezing of DA and DR has given a further blow to the market as well as to the employees and the pensioners since the amount paid as DA and DR will actually flow out to the market.
• d) Lower and middle-class employees and pensioners are hard-pressed to meet their liabilities due to heavy inflation which is bound to increase in the post-COVID-19 scenario especially in respect of the cost of Medicines and household requirements.
• e) Central Pay Commissions had recommended for revision of DA and DR every six months.
• f) In its recommendations, vide Para 8.17.37, the 7th CPC continued the same formula of revision of DA and DR every 6 months from 1st January and 1st July. The recommendations of the 7th Pay Commission were accepted by the Union Cabinet. The same cannot be changed or taken away unilaterally through an executive order.
• g) Fair Wages Committee recommended that “It is clearly necessary for this country to continue to pay dearness allowance to neutralize wholly or atleast substantially the increase in the cost of living”.
• h) Payment of Salary / Pension and DA or DR thereon to an employee and Pensioner are not a matter of bounty. It is a vested right of an employee and a Pensioner to receive the salary and pension(Pension is a deferred wage as held by the Apex Court in DS Nakara’s Case and Major General SPS Bain’s case). DA and DR are part of Salary and Pension. It is also a statutory right as it flows from the Service Rules. The right to receive Salary and Pension every month is part of the service conditions emanating from Article 309 of the Constitution of India.
• i) In the case of State of MP Vs. Ranojirao Shinde [AIR (1968) SC 1053], it has been held that the right to asum of money is ‘property’. In the decision in Deokinandan Prasad Vs. State of Bihar & Others [AIR1971 SC 1409], it has been held that, right to receive pension is the property and the same cannot be taken away or withheld by a mere executive order.
• j) Freezing of Dearness Allowance and Dearness Relief is a blatant violation of the provision of Article 360 of the Constitution of India.
• k) Article 300A of the Constitution of India, which confers a Constitutional Right to Property, includes within its purview, salary as a right to property, and as a sequel thereof, it applies to Pension and the DA and DR thereon.
• l) It is pertinent to mention that, neither the Epidemic Diseases Act 1897 nor Disaster Management Act 2005 specifies or confer any power upon any Government to defer the Salary or Allowances due to its Employees and Pensioners. DA and DR cannot be denied under any circumstances.
• m) As per Settled Law, financial difficulty is not a ground for the Government to defer or freeze the Payment of Salary / Allowances or Pension by executive order.
• n) In the past when funds were required for a National calamity like War, Floods, or Cyclones, etc., DA installments were deposited in the Provident Fund with the consent of the employees. It was never frozen as of now.
• o) De-freezing of rates of DA and DR will incentivize consumer spending to help to boost the economy in post-COVID times.

6) As Covid Pandemic situation is under control and many economic indices shown good recovery including record GST collection of Rs.1.15 lakh crore in the month of December 2020, Government can de-freeze the rates of DA and DR to boost the morale of Government employees atleast in recognition of their selfless service during pandemic period.

7) It is, therefore, requested that, keeping in consideration all the above aspects, orders for freezing of Dearness Allowance and Dearness Relief may please be withdrawn and eligible arrears may please be paid from 01.01.2020.

Thanking you

Yours’ faithfully,

HARCHANDAN SINGH,
General Secretary.

Source: https://www.irtsa.net/

The post IRTSA Write a Letter To Hon’ble Minister for Finance for Freezing of DA and DR till July 2021, Appeal for Review of Decision appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

1. IDA will be freezed till 30th June 2021.
2. IDA rate from 01.07.2020 to be continued till 30.06.2021.
3. From 1st July 2021, the effective IDA rate will consider the 3 missed IDA rate of 01.10.2020, 01.01.2021, 01.04.2021.
4. No arrears will be paid for these 3 missed quarters (01.10.2020, 01.01.2021, 01.04.2021).

Industrial Dearness Allowances to be revised quarterly for Central Public Sector Enterprises (CPSEs) or PSUs has been freezed by Department of Public Enterprises under the ministry of Heavy Industries & Public Enterprises.

Freezing of IDA, Dearness Allowances for CPSE employees till 30th June 2021:

Freezing of Dearness Allowances to employees of Central Public Sector Enterprises (CPSEs) drawing pay as per 2017, 2007, 1997, 1992 and 1987 IDA pay revision guidelines at current rates till 30th June 2021 order has been issued on 19th Nov’ 20.

The order copy can be downloaded here:Freezing-DA-rates-for-IDA-pay-scales-up-to-30.06.2021DOWNLOAD

The ministry of Heavy Industries & Public Enterprises has already freezed DA /DR for Central Government employees on 23.03.2020. Now, Government of India has issued IDA freezing order for CPSE employees too.

Government of India had released average AICPIN for the quarter Jun’20, Jul’20, Aug’20. With these average AICPIN numbers, the IDA for 3rd PRC should have been increased by 2.52 % from October 2020 for 2017 (3rd PRC) pay scales. Similarly, the IDA from October 2020 for 2nd PRC should have been increased by 5.55 % for 2007 (2nd PRC) pay scales. But, now these increments have been frezzed till 30th June 2021.

No DA/DR to Central Government employees till July 2021

IDA rate calculation for 2nd PRC and 3rd PRC from 1st October 2020

From 01.10.2020, IDA will increase to 20.9 %, increased by 2.52 % for 3rd PRC or 2017 pay scale employees. For 2nd PRC or 2007 pay scale, IDA will increase to 165.4 % increased by 5.55 % after declaration of August AICPIN on 30.09.20.

Since, the DA increments have been freezed, so the DA from 1st OCT’20 number will be added while calculating DA from 1st July 2021.

The AICPI – IW (All-India Consumer Price Index – Industrial Workers) is released by Labour Bureau, under Ministry of Labour and Employment, on the last working day of every month for previous month. And based on the consecutive 3 months, means 1 quarter, calculation of average is done to finalize the IDA rate, which may be more or less than the previous quarter IDA rate.

1. IDA for 3rd PRC from 1st October 2020 will be 20.9 %, increased by 2.52 % for 2017 pay scale.
2. IDA for 2nd PRC from 1st October 2020 will be 165.4 %, increased by 5.55 % for 2007 pay scale.
3. IDA from from 1st October 2020 is yet to be declared for 1997 pay scale.
4. IDA from from 1st October 2020 is yet to be declared for for 1987 & 1992 pay scale (based on the pay-band).

AICPIN -IW of last 3 months

1. 22.10.2020 – Sep AICPIN – 340  (118 x 2.88 = 340)
2. 30.09.2020 – Aug AICPI – 338
3. 31.08.2020 – Jul AICPI – 336

Based on the AICPI-IW data, Department of Public Enterprises (DPE) under Ministry of Heavy Industries & Public Enterprises calculates the new IDA rate and releases the press note indicating the change in IDA rate.

Similarly, after the release of aicpin-iw data of September 2020, October 2020 and November 2020 by the Ministry of labour and employment, the IDA from 1st January 2021 for PSU, CPSE and Govt. employees will be decided for 3rd PRC, 2nd PRC etc.

Past change of IDA for CPSE employees for 2017 (3rd PRC), 2007 (2nd PRC), 1997, 1987 & 1992 with DPE letter:

The current data of IDA since 01.01.2018 for all the pay scale as well as the historical data of all the CPSE pay scales implemented from year 2017, 2007, 1997 and 1987 & 1982 are compiled here.

This will give you the reference to compare all the data among the different pay scales in different times, how much differences are among the pay scales and in same pay scale, what is the timeline of IDA change.

Here the IDA change has been written for a quarter for all the pay scales. These letters are issued by the DPE under MHIPE. The official letters issued by them has been attached here in the link. Click on the ‘IDA % number’ link to fetch the official letter from the DPE website.

How to calculate IDA rate for 3rd PRC or 2017 pay scale? Example:

• Average AICPI (2001=100) for the quarter Mar 2020 to May 2020:
• Aug 2020 = 338
• Jul 2020 = 336
• Jun 2020 = 332
• Average of the quarter = 335.33
• Link point = 277.33 (as on 01.01.2017)
• Increase over Link point = 58 = [335.33- 277.33]
• DA rate effective from 01.10.2020 = 20.91 = [(58/ 277.33) x 100]

How to calculate IDA rate for 2nd PRC or 2007 pay scale? Example:

• Average AICPI (2001=100) for the quarter Mar 2020 to May 2020:

• Aug 2020 = 338
• Jul 2020 = 336
• Jun 2020 = 332
• Average of the quarter = 335.33
• Link point = 126.33 (as on 01.01.2007)
• Increase over Link point = 209 = [335.33- 126.33]
• DA rate effective from 01.10.2020 = 165.44 = [(209/ 126.33) x 100]

The post Freezing of DA rates – CPSEs IDA pay scales revision guidelines at current rates till 30th June 2021 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Stepping up of salaries of senior Assistants of CSS earning less salary on promotion in the Section Officers Grade than their juniors

सं.-18/2/2014-CS-I (S)
भारत सरकार Government of India
कार्मिक,लोक शिकायत और पेंशन मंत्रालय /
Ministry of Personnel, P.G. and Pensions
कार्मिक एवं प्रशिक्षण विभाग /
(Department of Personnel & Training)

2nd Floor, A Wing, Lok Nayak Bhawan,
New Delhi -110003, the 01st June, 2020

OFFICE MEMORANDUM

Latest DoPT Orders 2020

Subject: Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Section Officers Grade than their juniors – OM No. 18/2/2007- CS-I dated 20.05.2014 – Writ Petitions filed in the matter -regarding.

The undersigned is directed to refer to this Department’s OM of even number dated 01.07.2019 wherein instructions, for dealing with stepping up of pay cases consequent to directions of Hon’ble High Court of Delhi vide their interim orders in various Writ Petitions filed in the matter, were issued.

Also check: Relaxation in CCS Leave rules 1972 for central government employees – COVID19 – Latest DoPT Orders 2020

2. In this connection it is reiterated that the pay of the petitioners and similarly placed non-petitioners is to be restored only if they submit the ‘Affidavit of Undertaking’ as directed by the Hon’ble High Court of Delhi in the format attached with this Department’s OM under reference.

3. As regards the manner in which the pay is to be restored, it is clarified that the pay of the petitioners and non-petitioners, who submit the affidavit of undertaking in the prescribed format, may be restored notionally from the date with effect from which the stepping up of pay was granted earlier and regularly from the date of submission of the affidavit of undertaking as directed by Hon’ble High Court of Delhi subject to the outcome of the Writ Petitions or orders of any competent court in related matters.

4. If an officer, whose pay has been restored in accordance with the above instructions, superannuates or retires voluntarily, his/ her case may be dealt as per the provisions of CCS (Pension) Rules 1972 relating to provisional pension, payment of gratuity etc.

Also check: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020

5. This issues in consultation with Ministry of Finance (Department of Expenditure) vide their ID No. 1(5)E-H1(A)/ 96 dated 27.05.2020 (eFTS 1377323).

(P Bairagi Sahu)
Under Secretary to the Govt. of India

To

All the Ministries/ Departments of Government of India
Ministry/ Department of …………………….
(Director/ Deputy Secretary (Admn./Estt.)
New Delhi

Source: DoPT

The post Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Section Officers Grade than their juniors appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

No. 1/1/2020-E- II(B)
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
Dated the 23rd April, 2020.

OFFICE MEMORANDUM

Subject : Freezing of Dearness Allowance to Central Government employees and Dearness Relief to Central Government pensioners at current rates till July 2021.

The undersigned is directed to say that in view of the crisis arising out of COVID-19, it has been decided that the additional installment of Dearness Allowance payable to Central Government employees and Dearness Relief to Central Government pensioners, due from 1st January 2020 shall not be paid. The additional installments of Dearness Allowance and Dearness Relief due from 1st July 2020 and 1st January 2021 shall also not be paid. However, Dearness Allowance and Dearness Relief at current rates will continue to be paid.

2. As and when the decision to release the future installment of Dearness Allowance and Dearness Relief due from 1st July 2021 is taken by the Government, the rates of Dearness Allowance and Dearness Relief as effective from 1st January 2020, 1st July 2020 and 1st January 2021 will be restored prospectively and will be subsumed in the cumulative revised rate effective from 1st July 2021. No arrears for the period from 1st January 2020 till 30th June 2021 shall be paid.

No DA Hike for central government employees due to economic pain from the coronavirus pandemic spread

3. These orders shall be applicable to all Central Government employees and Central Government pensioners.

(Annie George Mathew)
Additional Secretary to the Government of India

Download Order

The post Freezing of Dearness Allowance to Central Government employees and Dearness Relief to Central Government pensioners at current rates till July 2021 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Relaxation of Central Civil Services (Leave) Rules, 1972, it has now been decided with the approval of competent authority to grant Commuted Leave without production of medical certificate to those officials who are above 50 years of age and have underlying conditions

Latest DoPT Orders 2020

F.No.11013/9/2014 – Estt (A-III)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi-110001
Dated the 20th March, 2020

Office Memorandum

Sub: Preventive measures to achieve ‘social distancing’ to contain the spread of COVID19 – Relaxation in CCS (Leave) Rules, 1972 regarding.

Read: Preventive measures to be taken to contain the spread of Novel Coronavirus (COVID-19) – DoPT Order

The undersigned is directed to state that the leave sanctioning authorities were advised vide O.M. of even number dated 17th March, 2020 to sanction leave who wish to self-quarantine, as a preventive measure. In this regard, in relaxation of Central Civil Services CCS (Leave) Rules, 1972, it has now been decided with the approval of competent authority to grant Commuted Leave without production of medical certificate to those officials who are above 50 years of age and have underlying conditions i.e. Diabetes, Respiratory problems, Renal diseases and other life-threatening illness, for a period upto 4th April, 2020, so as to avoid unnecessary burden on the health care system.

Also check: Latest DoPT Order – Preventive measures to contain the spread of COVID19 for all Central Government Employees

These instructions shall be applicable to Ministries / Departments / attached and subordinate offices of Central Government. Similar instructions may be issued to Autonomous / Statutory Bodies.

sd/-
(Umesh Kumar Bhatia)
Deputy Secretary to the Government of India

The post Relaxation in CCS Leave rules 1972 for central government employees – COVID19 – Latest DoPT Orders 2020 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.