Friday, August 26, 2016

TET" NO NEED FOR ALL MINORITY SCHOOL TEACHERS - MADRAS HIGH COURT JUDGEMENT COPY-DATE - 24.08.2016

Extension of benefits of "Retirement Gratuity and Death Gratuity" to the Central Government Employees covered by new Defined Contribution Pension System (National Pension System)

Death and Retirement Gratuity (DCRG) Eligible for NPS Covered Employees

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

Lok Nayak Bhavan, Khan Market,
New De1hi-110 003, Dated the 26 August, 2016.
OFFICE MEMORANDUM
Subject : Extension of benefits of ‘Retirement Gratuity and Death Gratuity’ to the Central Government employees covered by new Defined Contribution Pension System (National Pension System) — regarding.


The undersigned is directed to say that the pension of the Government servants appointed on or after 1.1.2004 is regulated by the new Defined Contribution Pension System (known as National Pension System), notified by the Ministry of Finance (Department of Economic Affairs) vide their OM No.5/7/2003-ECB & PR dated 22.12.2003. Orders were issued for payment of gratuity on provisional basis in respect of employees covered under National Pension System on their retirement from Government service on invalidation or death in service, vide this Department’s OM No.38/41/2006-P&PW(A) dated 5.5.2009.

2. The issue of grant of gratuity in respect government employees covered by the National Pension System has been under consideration of the Government. It has been decided that the government employees covered by National Pension System shall eligible for benefit of ‘Retirement gratuity and Death gratuity’ on the same terms and conditions, as are applicable to employees covered by Central Civil Service (Pension) Rule,1972.
3. These orders issue with the concurrence of Ministry of Finance, Department of Expenditure, vide their I.D. Note No.1(4)/EV/2006-II dated 29.07.2016.
4. In their application to the persons belonging to the Indian Audit and Accounts Department, these orders issue after consultation with Comptroller and Auditor General of India.
5. These orders will be applicable to those Central Civil Government employees who joined Government service on or after 1.1.2004 and are covered by National Pension System and will take effect from the same date i.e. 1.1_2004.

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


Source : http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/ppwf_26082016.pdf

Promotion and Postings of Senior Administrative Grade (SAG) officers of Indian Postal Service, Group 'A' to Higher Administrative Grade (HAG) of the Service and transfers / postings of regular HAG officers of Indian Postal Service, Group 'A' - order dated 26th August 2016

Promotion and Posting of Junior Administrative Grade (JAG) officers of Indian Postal Service, Group 'A' to the Senior Administrative Grade (SAG) of the service - order dated 26th August 2016

Transfer / Postings in the Junior Administrative Grade (JAG) of Indian Postal Service, Group 'A' - order dated 26.08.2016

Fixation of Pay Who are Promoted after 25.07.2016 (Date of Notification of CCS (Revised) Pay Rules 2016.


FIXATION OF PAY WHO ARE PROMOTED AFTER 25.07.2016 (DATE OF NOTIFICTION OFCCS (REVISED) PAY RULES 2016.
Officials who are getting promotion after 25.07.2016 (Date of notification of Revised Pay Rules 2016), specially MACP-II promotion cases, are confused about their pay fixation.
If an employee is promoted to MACP-II (2800 to 4200) in 6th CPC and then fixed in 7th CPC, will get 2500 to 3000 extra benefit in basic than the official who is promoted in 7th CPC.

Illustration 1: An employee X drawing pay 16490 (13690+2800) on 01.01.2016 promoted to MACP-II on 24/07/2016 and he opted to fix his pay from date of his promotion i.e. 24/07/2016. His fixation will be as below..

on 01.01.201616490 (13690+2800)
on 01.07.201616990 (14190+2800)
on 05.07.201616990*3% = 510
His pay will be18900 (14700+4200)
In 7th CPC18900*2.57=48573
He will be fixed to49000 in Level 6
on 01.07.201750500
In this case, official have to forget his arrears which will be approximately 40,000.
 

Illustration 2: An employee Y drawing pay 16490 (13690+2800) on 01.01.2016 promoted to MACP-II on 27/07/2016. His fixation will be as below..

on 01.01.2016
16490 (13690+2800)
In 7th CPC
16490*2.57=42379
He will be fixed to
42800 in Level 5
on 01.07.2017
44100
On 27.07.2016 
Increment 45400 which will be fixed to 46200 in Level 6
on 01.07.2017
47600
Difference between X & Y is 2800

Question: Whether official Y can give option to switch over to 7th CPC from date of promotion(27.07.2016), as in the case of official X?

Answer: NO. Option to switch over to 7th CPC from date of Promotion/upgradation is only applicable to those who are placed in a higher grade pay or scale between 1st day of January, 2016 and the date of notification of revised pay rules i.e. 25.07.2016. (Read text in red below)

Question: How can loss of Rs.2800/- be recovered in case of official Y?
Answer: The only way to recover loss is to opt 7th CPC from date subsequent increment i.e. 01.07.2017. But in this case, official B have to forget his 7th CPC arrears upto 01.07.2017, which will be above 1 lakh(approx)(read text in blue below) .

Illustration 3: An employee X drawing pay 16490 (13690+2800) on 01.01.2016 promoted to MACP-II on 27/07/2016 and he opted to switch over to 7th CPC from date of his subsequent increment i.e. 01/07/2017. His fixation will be as below..

on 01.01.2016
16490 (13690+2800)
on 01.07.2016
16990 (14190+2800)
on 27.07.2016 
16990*3% = 510
His pay will be
18900 (14700+4200)
on 01.07.2017
18900*3%=567=570
He will be
19470 (15270 +4200)
In 7th CPC
19470*2.57=50038
Which will be fixed at
50500 on 01.07.2017

Official have to forget arrears, which will be above 1 Lakh.

Read Rule 5 of CCS Revised Pay Rules-2016.

5. Drawal of pay in the revised pay structure.– Save as otherwise provided in these rules, a Government servant shall draw pay in the Level in the revised pay structure applicable to the post to which he is appointed:

Provided that a Government servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure:

(Note: Official can elect to draw his pay as per 6th CPC upto 01.07.2016 or upto 01.07.2017)

Provided further that in cases where a Government servant has been placed in a higher grade pay or scale between 1st day of January, 2016 and the date of notification of these rules on account of promotion or upgradation, the Government servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation, as the case may be.

(Note: Option to switch over to 7th CPC from date of promotion/upgradation will not be available to those who are promoted after 25.07.2016)

Explanation 1.- The option to retain the existing pay structure under the provisos to this rule shall be admissible only in respect of one existing Pay Band and Grade Pay or scale.

Explanation 2.- The aforesaid option shall not be admissible to any person appointed to a post for the first time in Government service or by transfer from another post on or after the 1st day of January, 2016, and he shall be allowed pay only in the revised pay structure.

Explanation 3.- Where a Government servant exercises the option under the provisos to this rule to retain the existing pay structure of a post held by him in an officiating capacity on a regular basis for the purpose of regulation of pay in that pay structure under Fundamental Rule 22, or under any other rule or order applicable to that post, his substantive pay shall be substantive pay which he would have drawn had he retained the existing pay structure in respect of the permanent post on which he holds a lien or would have held a lien had his lien not been suspended or the pay of the officiating post which has acquired the character of substantive pay in accordance with any order for the time being in force, whichever is higher.

Read more :   Revised Pay Rule 2016

Extension of benefits of "Retirement Gratuity and Death Gratuity" to the Central Government Employees covered by new Defined Contribution Pension System (National Pension System)