PARLIAMENT OF INDIA
RAJYA SABHA
DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE ON
PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE
Rajya Sabha Secretariat, New Delhi
December, 2022 / Agrahayana, 1944 (Saka)

ONE HUNDRED TWENTIETH REPORT
ON
ACTION TAKEN ON ONE HUNDRED TENTH REPORT OF THE COMMITTEE ON
“PENSIONER’S GRIEVANCES – IMPACT OF PENSION ADALATS AND CENTRALIZED
PENSION GRIEVANCES REDRESS AND MONITORING SYSTEM (CPENGRAMS)”
PERTAINING TO
THE DEPARTMENT OF PENSION & PENSIONERS’ WELFARE
(MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS)

(Presented to the Rajya Sabha on 8th December, 2022)
(Laid on the Table of the Lok Sabha on 8th December, 2022)

Implement MACP w.e.f. 1st January, 2006 and grant increment on 1st July who retired on 30th June

RECOMMENDATIONS/OBSERVATIONS WHICH THE COMMITTEE DOES NOT DESIRE TO PURSUE IN VIEW OF THE REPLIES GIVEN BY THE MINISTRY

GRIEVANCES PERTAINING TO PENSION POLICY, PENSION STRUCTURE AND OTHER RETIREMENT BENEFITS

Recommendation/ Observation

2.35 The Committee feels that DoPPW should pursue the matter of implementation of MACP w.e.f 1st January, 2006 with DoPT as it will give relief to pensioners retiring in the intervening period i.e. from January, 2006 to August, 2008 as all other benefits were given to them from January 2006 as per 6th CPC recommendations. The Committee also recommends DOPPW to consider the case of Pensioners’ who retired on 30th June and were denied the increment on the plea that next date of retirement is 1st July. (3.35)

Action Taken

2.36 As advised by DRPSC, the DoPPW pursued the matter with DOPT vide OM dated 19.01.2022 who, in turn, have informed that the issue of effective date of implementation of MACPS has been addressed by Hon’ble Supreme Court of India in its Order dated 28.04.2021 in Civil Appeal No. 1579/2021 [arising out of SLP (C) No. 15572/2019] of Union of India V/s R. K. Sharma & Others wherein the Apex Court has upheld that date of implementation of the MACP Scheme is from 01.09.2008. In its order, the Hon’ble Court has also overturned the earlier decision in Balbir Singh Turn case and held that benefits under the MACPS cannot be claimed from 1.1.2006. Instructions have been issued to Ministries/Departments vide DoP&T OM No. 35034/3/2015-Estt. (D) dated 13.07.2021 to defend all matters and dispose of representations based on Order dated 28.04.2021 of Apex Court.

2.37 It is mentioned that the subject-matter of increment and retirement age/date are administered by DOPT. Therefore, the reference in this regard was made to DOPT who have examined the matter and declined the request with the following grounds:

• (i) In terms of the provisions of Rule 40 of CCS (Leave) Rules, 1972, the Government servants who are on Earned Leave/Commuted Leave/Half Pay Leave/Leave Not Due etc. on the due date of their increment, are not granted the benefit of annual increment till they join duty on expiry of such leave. Accordingly, in the present case since the employees have retired from Government service on 30th June and therefore not on duty as on 1st July, the annual increment cannot be released on 1st July to these employees.
• (ii) Further, as per the provisions of FR 9 (21), 9 (6), 17 (1), 22, 26 (a), 56 (a) and Rule 14 of Pension Rules, as person is entitled for pay, increment and other allowances only when he is entitled to receive pay out of Consolidated Fund of India and continues to be in Government Service. Accordingly, a person who retires on the last working day would not be entitled for any increment falling due on the next day and also payable on the next day thereafter as he shall cease to be in Government Service. Granting him the increment earlier than the date on which it falls due and becomes payable, shall imply that he has been granted increment in the same month in which he has retired, i.e. one month earlier. Thus, the official will not complete the necessary qualifying service required for earning an increment, which shall be in contravention of the extant provisions.
• (iii) Further, Hon’ble High Court of Andhra Pradesh, Hyderabad in its judgement in the case of C. Subbarao in the year 2005 (WP No. 22042 of 2003) had also observed that “as per Rule 14 of the Pension Rules, a person who retires on the last working day would not be entitled for any increment falling due on the next day and payable next day thereafter, because he would not answer the tests in these Rules.”

Further observation

2.38 The Committee takes note of the reply.

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New Delhi: The government may table four GST supplementary legislations in Parliament today, a union minister said.

We can do it today as well. A meeting on GST will be chaired by Finance Minister Arun Jaitley today, Minister of State for Finance Arjun Ram Meghwal said when asked about tabling of the four GST bills in the Lok Sabha.

He was speaking to reporters on the sidelines of an infrastructure event here.

The Cabinet on Monday cleared the four GST related bills to enable roll out of the Goods and Services Tax from July 1.

The four bills are: the Central Goods and Services Tax Bill 2017, the Integrated Goods and Services Tax Bill 2017, the Union Territory Goods and Services Tax Bill 2017 and the Goods and Services Tax (Compensation to the States) Bill 2017.

A source had told that the bills would be introduced as money bills in Parliament this week.

Yesterday, Finance Minister Arun Jaitley said that he was hopeful of rolling out GST from July 1 which will create one of the world’s biggest single markets and make commodities cheaper and tax evasion difficult.

Jaitley said India has “hugely” a non-tax compliant society and the government banned higher denomination notes to curb the tendency of people to deal in cash that lead to tax evasion as well as terror financing.

PTI

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The Union Cabinet is likely to consider tomorrow a draft amendment bill which seeks to double the ceiling of tax-free gratuity to Rs 20 lakh under the Payment of Gratuity Act.

Besides, the bill seeks to enable the central government to change the ceiling for tax free gratuity after factoring in rise in income levels by an executive order bypassing Parliament route to amend the law.

“The bill to amend the Payment of Gratuity Act is likely to be considered and approved by the Union Cabinet in its meeting scheduled tomorrow,” a source said.

After the amendment in the Act, formal sector workers would be eligible for up to Rs 20 lakh tax-free gratuity. Last month, the central trade unions had agreed on the proposal in a tripartite consultation with the Labour Ministry.

However, the unions had demanded the removal of conditions asking to have at least 10 employees in an establishment and minimum five years of service for payment of gratuity.

At present, as per the Payment of Gratuity Act, an employee is required to do minimum service of five years to become eligible for gratuity amount. Moreover, the Act applies to those establishments where the number of employees is not less than 10.

Trade unions had demanded that the amended provision regarding maximum amount should be made effective from January 1, 2016, as done in the case of central government employees.

Besides that rate of 15 days wages for each completed year of service be raised to 30 days wages, the unions had said during the tripartite meeting.

The proposed amendment to the Payment of Gratuity Act as circulated by the government only deals with enhancing the ceiling of maximum amount under Section 4(3) of the Act from Rs 10 lakh to Rs 20 lakh.

The proposed amendment is being brought to bring the maximum ceiling amount to Rs 20 lakh in line with the 7th Central Pay Commission’s recommendations as accepted by the government.

The relevant amendment for central government employees was notified on July 25, 2016 and the enhanced amount ceiling was made effective from January 1, 2016.

The unions were of the view that the delay of eight months for employees covered under the Payment of Gratuity Act should not result in adversely affecting the interest of the concerned employees.

The employers as well as state representatives had also agreed to the proposal of raising the amount of gratuity to Rs 20 lakh in the tripartite meeting held last month.

Source: Money Control

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whether Government has any proposal to extend same benefits to paramilitary forces at par with army?

GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
RAJYA SABHA
UNSTARRED QUESTION NO-710
ANSWERED ON-08.02.2017

Benefits to paramilitary forces at par with army

710 . Shri A. Vijayakumar

(a) whether Government has any proposal to extend same benefits to paramilitary forces at par with army;

(b) if so, the details thereof;

(c) whether there is any such pending demand by paramilitary forces; and

(d) if so, the details thereof?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI KIREN RIJIJU)

(a) to (d): The proposals from Central Armed Police Force for grant of benefits at par with Army include, inter-alia, Risk & Hardship Allowance, Para Military Service Pay, Discontinuation of New Pension Scheme etc. The CAPF personnel are entitled for pension and other pensionary benefits as per Central Civil Service (Pension) Rules 1972, which are different from the pension rules applicable to Ex-servicemen. The 7th CPC has not recommended grant of Para Military Service Pay to the CAPFs. The 7th CPC has recommended a common regime of Risk and Hardship Allowance for Army and CAPFs which is under consideration of the Committee on Allowances.

Authority: www.rajyasabha.nic.in

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New Delhi: The Cabinet Committee on Parliamentary Affairs (CCPA) will meet tomorrow at 11 a.m. to decide on advancing the Budget Session of Parliament.

Union Home Minister Rajnath Singh will chair the meeting. Apart from Singh, Union Finance Minister Arun Jaitley, External Affairs Minister Sushma Swaraj and Parliamentary Affairs Minister Ananth Kumar will also be present at the CCPA meeting.

The budget is expected to be presented on February 1 by Jaitley.

The Budget Session is being advanced as the government wants early allocation of funds for various schemes– from April 1, the beginning of the financial year.

The 2017 Budget is going to a historic one as the government, for the first time in 92 years, will present a budget that would be merged with the rail budget.

ANI

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The Prime Minister’s Office is learnt to have agreed to consider a recommendation made by the Joint Committee on Salaries and Allowances of Members of Parliament, which is headed by BJP MP Yogi Adityanath. The PMO is believed to have agreed to revise not only Parliamentarians’ salary, but also their allowances.

The basic compensation for a lawmaker will climb from Rs 1,90,000 per month to Rs 2,80,000 per month (salary along with constituency and office staff allowances). The government had last revised MPs’ salary in 2010.

Though Prime Minister Narendra Modi earlier was of the view to set up a separate commission for reviewing the salary, instead of MPs themselves, he abandoned it following pressure from the MPs, government sources aware of developments told DH.

The government has also taken a call to increase the President of India’s salary from the existing Rs 1.5 lakh per month to Rs 5 lakh, and governor’s salary to Rs 2.5 lakh per month from existing Rs 1.10 lakh.

The government is planning to bring separate bills in the winter session of Parliament, which is starting from November 16, to give affect to salary hikes for President, governors and MPs. In the same session, the government will also seek Parliament nod to raise the salary of the vice-president, who is also chairman of the Rajya Sabha.

As per the accepted proposal, an MP’s constituency allowance will go up to Rs 90,000 from existing Rs 45,000 every month, the secretarial assistance and office allowance will get a jump from Rs 45,000 to Rs 90,000 per month.

Annual furniture allowance for MP’s official homes will double to Rs 1,50,000 a year and free broadband worth Rs 1,700 per month will be provided at parliamentarians official homes in their constituencies. The monthly pensions for former MPs will also go up from Rs 20,000 to Rs 35,000 per month. Even those who have served for more than five years would get an additional amount in pension – the number of years multiplied by Rs 2,000.

At present, the additional amount is the number of years multiplied by Rs 1,500.

Besides salary, the MPs are also entitled for government accommodation, air travel and train travel facilities, besides three landline telephone connections and two mobile phones. They also get a loan of Rs 4 lakh to buy a vehicle.

Source: DH

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New Delhi: The Budget Session of the Parliament is to resume shortly, with the Lok Sabha reconvening its term today, while the Rajya Sabha will begin its second spell on April 23.

Among the key legislations to be passed during this period will be the controversial Land Acquisition Bill, the Real Estate (Regulation and Development) Bill and the Constitution Amendment Bill for introduction of Goods and Services Tax (GST), among others.

The Prime Minister Narendra Modi-led National Democratic Alliance (ND) has a clear majority of 335 in the Lok Sabha but is weaker in the Rajya Sabha, with just 63 seats.

ANI

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Compassionate appointment is available in Public Sector Banks (PSBs) based on the “Scheme for appointment of dependents of deceased employees on compassionate grounds” as last modified in 2007.

The Scheme provides for compassionate appointment in the following cases :-

i) when an employee dies while performing his/her official duty as a result of violence, terrorism, robbery or dacoity; or

ii) when an employee dies within five years of his/her first appointment or before reaching the age of 30 years, whichever is later, leaving a dependent spouse and/or minor children.

The above information was submitted in a written reply to a question in Parliament on 30.8.2013 by the Minister of State for Finance Shri.Namo Narain Meena.

Source: 90paisa.blogspot.in
[http://90paisa.blogspot.in/2014/01/compassionate-appointments-in-public.html]

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