Saturday, August 25, 2018

Casual Labour Regularisation Be Confirmed If Completed 10 Years Of Service Supreme Court judgement on Regularisation of Casual Labour – Apex Court observes that if casual labour had completed 10 years on the effective date of Regularisation Rules he/she should be regularised – Regularisation may also be considered if casual labour completed 10 years of service with no misconduct


REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.7423-7429 OF 2018
(Arising out of S.L.P. (Civil) Nos. 19832-19838 OF 2017)
Narendra Kumar Tiwari & Ors. Etc. ….Appellants
versus
The State of Jharkhand & Ors. Etc. ….Respondents
JUDGMENT
Madan B. Lokur, J.
1. Leave granted
2. These appeals arise out of the common judgment and order dated 17th November, 2016 passed by a Division Bench of the High Court of Jharkhand in a batch of writ petitions relating to the regularisation of daily wage or contract workers on different posts. The writ petitioners (now appellants) were denied the benefit of regularisation in view of the provisions of the Jharkhand Sarkar ke Adhinasth Aniyamit Rup se Niyukt Ewam Karyarat Karmiyo ki Sewa Niyamitikaran Niyamawali, 2015 (hereinafter referred to as the Regularisation Rules).
3. The admitted position is that the appellants are irregularly appointed employees of the State Government. They sought regularisation of their status on the ground that they had put in more than 10 years of service and were therefore entitled to be regularised. The High Court took the view that the decision of the Constitution Bench of this Court in Secretary, State of Karnataka and Ors. v. Umadevi (3) and Ors.1 did not permit their regularisation since they had not worked for 10 years on the cut-off date of 10th April, 2006 when the Constitution Bench rendered its decision. According to the High Court, the Regularisation Rules provided a one-time measure of regularisation of the services of irregularly appointed employees based on the cut-off date of 10th April,2006 in terms of the judgement of the Constitution Bench. Therefore, since the appellants had not put in 10 years of service they could not be regularised.
4. The appellants had contended before the High Court that the State of Jharkhand was created only on 15th November, 2000 and therefore no one could have completed 10 years of service with the State of Jharkhand on the cut-off date of 10th April, 2006. Therefore, no one could get the benefit of the Regularisation Rules which made the entire legislative exercise totally meaningless. The appellants had pointed out in the High Court that the State had issued Resolutions on 18th July, 2009 and 19th July, 2009 permitting the regularisation of some employees of the State, who had obviously not put in 10 years of service with the State.Consequently, it was submitted that the appellants were discriminated against for no fault of theirs and in an irrational manner.
5. Having heard learned counsel for the parties and having considered the decision of the Constitution Bench in Umadevi (3) as well as the subsequent decision of this Court explaining Umadevi (3) in State of Karnataka and Ors. v. M.L. Kesari and Ors.2, we are of the view that the High Court has erred in taking an impractical view of the directions in Umadevi (3) as well as its consideration in Kesari.
6. The decision in Umadevi (3) was intended to put a full stop to the somewhat pernicious practice of irregularly or illegally appointing daily wage workers and continuing with them indefinitely. In fact, in paragraph 49 of the Report, it was pointed out that the rule of law requires appointments to be made in a constitutional manner and the State cannot be permitted to perpetuate an irregularity in the matter of public employment which would adversely affect those who could be employed in terms of the constitutional scheme. It is for this reason that the concept of a one-time measure and a cut-off date was introduced in the hope and expectation that the State would cease and desist from making irregular or illegal appointments and instead make appointments on a regular basis.
7. The concept of a one-time measure was further explained in Kesari in paragraphs 9, 10 and 11 of the Report which read as follows:
“9. The term “one-time measure” has to be understood in its proper perspective. This would normally mean that after the decision in Umadevi (3), each department or each instrumentality should undertake a one-time exercise and prepare a list of all casual, daily-wage or ad hoc employees who have been working for more than ten years without the intervention of courts and tribunals and subject them to a process verification as to whether they are working against vacant posts and possess the requisite qualification for the post and if so, regularise their services.
10. At the end of six months from the date of decision in Umadevi (3), cases of several daily-wage/ad hoc/casual employees were still pending before courts. Consequently, several departments and instrumentalities did not commence the one-time regularisation process. On the other hand, some government departments or instrumentalities undertook the onetime exercise excluding several employees from consideration either on the ground that their cases were pending in courts or due to sheer oversight. In such circumstances, the employees who were entitled to be considered in terms of para 53 of the decision in Umadevi (3), will not lose their right to be considered for regularisation, merely because the one-time exercise was completed without considering their cases, or because the sixmonth period mentioned in para 53 of Umadevi (3) has expired. The one-time exercise should consider all daily-wage/ad hoc/casual employees who had put in 10 years of continuous service as on 10-4-2006 without availing the protection of any interim orders of courts or tribunals. If any employer had held the one-time exercise in terms of para 53 of Umadevi (3), but did not consider the cases of some employees who were entitled to the benefit of para 53 of Umadevi (3), the employer concerned should consider their cases also, as a continuation of the one-time exercise. The one-time exercise will be concluded only when all the employees who are entitled to be considered in terms of para 53 of Umadevi (3), are so considered.
11. The object behind the said direction in para 53 of Umadevi (3) is twofold. First is to ensure that those who have put in more than ten years of continuous service without the protection of any interim orders of courts or tribunals, before the date of decision in Umadevi (3) was rendered, are considered for regularisation in view of their long service. Second is to ensure that the departments/instrumentalities do not perpetuate the practice of employing persons on daily-wage/ad hoc/casual basis for long periods and then periodically regularise them on the ground that they have served for more than ten years, thereby defeating the constitutional or statutory provisions relating to recruitment and appointment. The true effect of the direction is that all persons who have worked for more than ten years as on 10-4-2006 [the date of decision in Umadevi (3)] without the protection of any interim order of any court or tribunal, in vacant posts, possessing the requisite qualification, are entitled to be considered for regularisation. The fact that the employer has not undertaken such exercise of regularisation within six months of the decision
in Umadevi (3) or that such exercise was undertaken only in regard to a limited few, will not disentitle such employees, the right to be considered for regularisation in terms of the above directions in Umadevi (3) as a one-time measure.”
8. The purpose and intent of the decision in Umadevi (3) was therefore two-fold, namely, to prevent irregular or illegal appointments in the future and secondly, to confer a benefit on those who had been irregularly appointed in the past. The fact that the State of Jharkhand continued with the irregular appointments for almost a decade after the decision in Umadevi (3) is a clear indication that it believes that it was all right to continue with irregular appointments, and whenever required, terminate the services of the irregularly appointed employees on the
ground that they were irregularly appointed. This is nothing but a form of exploitation of the employees by not giving them the benefits of regularisation and by placing the sword of Damocles over their head. This is precisely what Umadevi (3) and Kesari sought to avoid.
9. If a strict and literal interpretation, forgetting the spirit of the decision of the Constitution Bench in Umadevi (3), is to be taken into consideration then no irregularly appointed employee of the State of Jharkhand could ever be regularised since that State came into existence only on 15th November, 2000 and the cut-off date was fixed as 10th April,2006. In other words, in this manner the pernicious practice of indefinitely continuing irregularly appointed employees would be perpetuated contrary to the intent of the Constitution Bench.
10. The High Court as well as the State of Jharkhand ought to have considered the entire issue in a contextual perspective and not only from the point of view of the interest of the State, financial or otherwise – the interest of the employees is also required to be kept in mind. What has eventually been achieved by the State of Jharkhand is to short circuit the process of regular appointments and instead make appointments on an irregular basis. This is hardly good governance.
11. Under the circumstances, we are of the view that the Regularisation Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service on the date of promulgation of the Regularisation Rules, ought to be given the benefit of the service rendered by them. If they have completed 10 years of service they should be regularised unless there is some valid objection to their regularisation like misconduct etc.
12. The impugned judgment and order passed by the High Court is set aside in view of our conclusions. The State should take a decision within four months from today on regularisation of the status of the appellants.
13. The appeals are accordingly disposed of.
14. We may add that that it would be worthwhile for the State of Jharkhand to henceforth consider making regular appointments only and dropping the idea of making irregular appointments so as to short circuit the process of regular appointments.
………………………J.
(Madan B. Lokur)
.……………………..J.
(Deepak Gupta)
New Delhi:
August 01, 2018

Monday, November 27, 2017

HOMAGE


🌹🙏🌹
Mrs  Gajaraben D Darji, Mother of our senior Comrade K. D. Tailor D.S. Navsari (& Circle Vice President) passed away On 26-11-2017  at 6:05. p, m.

We pay respectful homage to the holy soul and pray for eternal peace.

A mother, at any stage and age of life, is the most significant force of pure love in anybody's life. The love, affection and blessings of a mother are also eternal.

We console on this sad occasion of loss to Com. K. D.'s family 

Wednesday, August 23, 2017

Glimpses of One Day Strike on 16-08-2017 in Gujarat Circle

Circle Union thanks one and all in all cadres of employees who joined one day strike on 16-08-2017, called by NFPE, and contributed their strength for strengthening voice of leaders. 




















Sunday, August 20, 2017

MAKE ONE DAY STRIKE A GRAND SUCCESS ON 23.08.2017



INTENSIFY THE PREPARATIONS


FOR SETTLEMENT OF UNDERMENTIONED 

10 POINTS CHARTER OF DEMANDS



1.    Filling up of all vacant posts in all cadres of Department of Posts i.e. PA, SA, Postmen, Mailguard, Mailmen, MTS, PACO, PASBCO, Postal Accounts and GDS.


2.    Implementation of positive recommendations of GDS committee Report. Grant of Civil Servant status to GDS


3.    Membership verification of GDS and declaration of result of regular employees membership verification.


4.    Stop all types of harassment and victimization in the name of new schemes and technology induction and under contributory negligence factor and Trade Union victimization.


5.    Payment of Revised wages and arrears to the casual, part-time, contingent employees and daily rated mazdoors as per 6th& 7th CPC and settle other issues of casual labourers.


6.    Stop Privatization, Contractorization and outsourcing.


7.    Implement cadre Restructuring for leftout categories i.e. RMS, MMS, PACO, PASBCO, Postmaster Cadre Postal Accounts etc. and accept the modifications suggested by Federation before implementation of cadre restructuring in Postal Group ‘C’.


8.    Provision of CGHS facilities to Postal Pensioners also as recommended by 7thCPC.


9.    Withdraw NPS (Contributory Pension Scheme). Guarantee 50% of last pay drawn as minimum pension.



10. Implement five days week working for operative staff in the Postal department.

Thursday, July 27, 2017

Urgent isdues requiring immediate action at C. O.


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"rashmin dineshchandra purohit"<rashminpurohit@rediffmail.com> to you & others
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From: "rashmin dineshchandra purohit"<rashminpurohit@rediffmail.com>
Sent: Thu, 27 Jul 2017 09:21:41 GMT+0530
To: <dpsahmedabad@indiapost.gov.in>
Subject: Urgent issues requiring immediate action at C.O.

National Federation of Postal Employees
                  AIPE Union Group C
                       Gujarat Circle
.............        ...........     .....................
No. P3/Guj/Urgent/17-18 Dtd. 27-7-17

To,
Hon. CPMG
Gujarat Circle, Ahmedabad

Subject:
Grant of Special CL to employees who couldn't attend duty on account of road blockages and heavy rainfall in Gujarat Circle.

Respected Sir,
Namaskar. There is very heavy rainfall, floods, water dumping and road blockages which adversely effected people in various districts like Banaskantha, Sabarkantha, Patan, Mahesana, Gandhinagar, Kheda, Anand, Surendranagar, Rajkot etc.

Our staff might have become helpless and in compelling situation they could not attend duty. 

Today, there's very heavy rain at Ahmedabad overnight and roads are blocked in many areas. Considering effects of Natural Calamity , it is requested to isdue an order of grant of Special CL to effected employees as provided in Rule 8(g) of CCS Leave rules.

We also request to set up a team consisting of administrative officers as welk as union leaders for reviewing situation for post offices & postal employees in interior areas and for helping & providing all possible assistance.

I was coming to see Hon. CPMG today on this issue but due to heavy raining it can't be possible today. So, sending this mail.

Some DHs are issuing cadre restructuring orders very hastily after knowing about orders of Dte regarding putting hold on exercise. As the orders are seen on Whatsapp but circulation through channel takes a day or two, they are issuing CR orders as if they would miss a train!

One important issue requiring urgent attention & intervention of Hon. CPMG:

On account of C.O. letter dated 14-7-17 by which TU facilities of Circle union has been withdrawn due to delay beyond 27 months in convening Biennial Conference, some DHs are confused and responding as if whole Union functionary has been derecognised! They are refusing grant of monthly meeting to Divisional unions. C.O. has yet not issued orders for Special CL/relief of delegates to All India Conference being held at Bangalore on 5 to 8 August. Order for grant of Special CL to the undersigned in capacity as a "working president" (office bearer of CHQ) have also not been issued till today to enable to attend Central Working Committee on 5-8-17 and AIC on 6-8 August. It is requested to issue a clarification to all DH that letter of withdrawal of TU facilities of Circle Union has no impact on functioning of Divisional union. The said order doesn't mean that TU facilities of Circle as well as all divisions have been withdrawn. Sir. This is prime issue for us. We urge very prompt actions on this. We are suspecting over certain persons in CO who are deliberately tossing files and creating problems for us. If our delegates are not granted special CL in next 2 days for attending AIC, it will be too late as journey starts on 3-4 August for all of us. Please take this matter seriously and extend cooperation. 

Kindly consider all issues on top priority.

With regards

Yours Sincerely

Rashmin Purohit 
CS AIPE Union Group C


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Friday, July 7, 2017

CIRCLE CONFERENCE: AIPE UNION GROUP'C', GUJARAT CIRCLE

Dear Comrades,
It is for information of all members that Circle Council meeting and Circle Conference of AIPEU Group C Gujarat Circle will be held at Prernadham,  Bhavnath, Girnar Taleti, Junagadh on 22-23 July 2017.

It will be a very busy schedule and multifold program. Beside Circle Council & Circle Conference, we have organised warm Farewell Ceremony to Shri. S. R. Meena Hon. CPMG Gujarat Circle and Com. S. K. Vaishnav Circle President who retires on Superannuation by end of July 2017. 

All PMGs, DPS and all DH of Rajkot region as well aa Ex. and present Circle Secretaries of NFPE unions  has been invited to join us in open session to grace the function.

Formal Notice and invitations are being sent. 

Program in brief:

22 July. Circle Council : 4pm onwards

23 July. 
Open Session : 10:15 am onwards
Lunch : 1:30 to 2:30 pm
Organisational Proceedings 
as per Agenda : 2:30 onwards 

We have requested our GS Com. R.N.Parashar to arrange for his presence in the function.

Delegates from Divisions may apply for grant of Special CL to their leave sanctioning Authorities.

Note: 
Accommodation will be available from 22nd July afternoon only .

Arrangement of Dinner on 22nd, Breakfast and Lunch on 23rd will be made. 

Dinner on 23rd will be managed on advance intimation by concerned DS on reception counter. 

Delegation fee per delegate/Visitor will be @500/-

For any query or guidance contact CS on Whatsapp on 9427208408

The venue is the most beautiful location just beneath Girnar Mountain, covered by magnificent natural treasure of greenery, springs, waterfalls and spiritual atmosphere.

Friends, Comrades,
This is our own function. We together will make it a grand success.



Sunday, July 2, 2017

We strongly condemn the unilateral attitude of Secretary, Staff Side, National Council JCM – Confederation


We strongly condemn the unilateral attitude of Secretary, Staff Side, National Council JCM – Confederation
CONFEDERATION DISOWNS THE STATEMENT OF SECRETARY, STAFF SIDE, NATIONAL COUNCIL JCM
Com Shiv Gopal Misra, Secretary, Staff Side, National Council JCM & General Secretary, All India Railway Men’s Federation has issued a Press statement “welcoming and thanking ” the decision of the Central Government regarding implementation of the revised allowances to Central Government employees.
The statement has created an impression among some section of employees that all the organisations of National Council JCM (including organisations affiliated to Confederation of Central Government Employees & Workers) are of the same opinion and all the leaders of the JCM Staff Side has cheated the employees. To put the records straight, Confederation National Secretariat like to make it clear that our opinion was not sought by Secretary, Staff Side, National Council JCM, before issuing such a statement.
We have already given a call to the employees to hold nationwide protest demonstrations against betrayal of the NDA Government. Confederation alone has conducted a series of agitational programmes against the negative attitude of the NDA Govt. towards Employees and Pensioners, including 15th December 2016 Parliament March, 16th March 2017 one day strike , 23rd May 2017 Mass dharna in front of Finance Ministers office , 22nd June 2017 Human Chain etc. Confederation National Secretariat strongly disagree with certain views and comments made by Secretary, Staff Side, and organisations affiliated to Confederation who have representation in JCM totally disown the statement.
We strongly condemn the unilateral attitude of Secretary, Staff Side, National Council JCM. The statement issued by the three Standing Committee Members of Staff Side National Council JCM who are representing Confederation in the JCM Standing Committee is furnished below.
M. Krishnan
Secretary General
Confederation
Mob&WhatsApp – 09447068125
E-mail: mkrishnan6854@gmail.com

Friday, June 30, 2017

AGENDA FOR BIMONTHLY MEETING AT RO RAJKOT ON 14 JULY

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From: "rashmin dineshchandra purohit"<rashminpurohit@rediffmail.com>
Sent: Tue, 28 Mar 2017 18:04:47 GMT+0530
To: <pmg_rajkot@indiapost.gov.in>
Subject: Agenda of AlPE Union Group 'C' for bimonthly meeting at RO Rajkot




Respected sir,

Namaskar. Kindly entertain following items on Agenda for next Bimonthly meeting at R.O. Rajkot.


The mechanism for mutual dialogues through formal meetings was fractured in Rajkot region for one or other reasons. Now staff side expects all round rejuvenation and better staff welfare and exchange of ideas & feelings by healthier mutual discussion. It is requested to convene meeting at the earliest.


-: AGENDA :-

Item No.1

Circulation of Directorate instructions dated 19-8-15 and 15-3-16 by units in vernacular language up to branch offices and assuring its implementation and fixing of responsibilities for wilful infringement (regarding practice of splitting of one higher denomination account into multiple lower denomination accounts in Post offices)


- above instructions are infringed in mass scale and there increases expenditure to govt besides wastage of time, men power and whole system. Immediate action is required to find out viable and pragmatic ways & means to achieve targets with reasonable & cogent considerations.


Item.No.2

REQUEST FOR IMPLEMENTATION OF 89TH RJCM DECISION ON PHYSICAL SHIFTING OF OFFICISLS ON COMPLETION OF TENURE AND IMMEDIATE TERMINATION OF ALL DEPUTATIONS.


Other regions have already implemented. Orders by Hon. PMG Vadodara region for terminating all deputations in all dns were also sent for ready reference. Staff side was assured that orders in Rajkot region for terminating all deputations in DO or any other offices will be issued after resumption of New PMG sir. This is very crucial item. Dnl heads font put unjustifiable cases in committees for rotational transfers and adopt short cut of ordering deputations on personal considerations and many other undescribable grounds. We hop this item wikk be attended on top priority otherwise "selective cases of deputations" will now be regularised. 


Item No.3

REVIEW OF ALL CASES REGARDING UNSERVICEABLE PO BUILDINGS IN RAJKOT REGION.


In previous bimonthly meeting, it was taken on record but no fruitful result have come. List of cases was also submitted in last meeting as well as a memorandum. It is requested to review all such cases.


Item No.4

REQUEAT FOR ACKNOWLWDGEMENT AND FOLLOW UP ACTION AND FURTHER REPLY ON UNION LETTERS BY R.O. RAJKOT.


It was previously also discussed but no acknowledgement is issued for any mail/letter (except one letter recently by Hon. DPS). It is requested to guide concerned staff.


Item No.5

REQUEST FOR PROMPT FINALISATIONS OF INVESTIGATION, CLIR AND JUSTICIED & JUDICIOUS IDENTIFICATION OF SUBSIDIARY OFFENDERS


For Example: Alleged fraud by GDS BPM Tad occurred in 2014. SPM Delvada was transferred at Govt cost to Ghantvad on account of this case, though his tenure was not completed. After long gap in 2017, Hon. DPS Rajkot visited Tad BO for CLIR and orally asked to depute SPM Ghantvad at govt cost to the distance not less than 100 Km. Deputed to Malia Hatina SO. Then order was given not to post him in single handed PO. Then, Hon. SPO Junagadh transferred him from Ghantvad to more important and big office with more BOs (Sutrapada) at Govt cost to comply with orders of Hon. DPS! The official is non LSG and office was already identified as LSG. The SPM who was working at Sutrapada was transferred at Govt cost just in Rotational transfers 2016 and was working there since less then one year. 


The official is now declared as 'Subsidiary offender' and his application for voluntary retirement has to be rejeced. Yet no Charge sheet has been issued and we afraid it will be issued too late which hampers benefits of promotion for longer time and delay acceptance of VRS application.


In other case, a PM was ordered recovery of 1 lac rupees for loss of an unsold NSC. There is no loss. No encashment. No possibility of black listed NSC. Case was quite old. But Hon. SP Junagadh was unkind, very late and ordered such a big recovery from Shri. A.B.Jani PM in 2017.


Individuals will represent/might have represented their cases and our intention is not to represent individuals. These are selective examples only.


We think there might be other cases in various divisions and therefore it is requested to collect information and cause immediate follow up actions in loss & fraud cases.


As there is long gap in meeting, in addition to admissible three items, few more items will be sent soon.


Few Divisional secretaries would also come on the day of meeting and would like to exchange constructive submissions.


Following office bearers will attend:



S K Vaishnav Circle President: 

PM Gondal HO

Rashmin Purohit CS :

 PA Junagadh HO





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Wednesday, June 28, 2017

Cabinet approves recommendations of the 7th CPC on allowances

Press Information Bureau
 Government Of India

Cabinet Committee on Economic Affairs (CCEA)
(28-June, 2017 20:05 IST )


Cabinet approves recommendations of the 7th CPC on allowances 


The Union Cabinet chaired by the Prime Minister Shri Narendra Modi approved the recommendations of the 7th CPC on allowances with some modifications. The revised rates of the allowances shall come into effect from 1st July, 2017 and shall affect more than 48 lakh central government employees.

While approving the recommendations of the 7th CPC on 29th June, 2016, the Cabinet had decided to set up the Committee on Allowances (CoA) in view of substantial changes in the existing provisions and a number of representations received. The modifications are based on suggestions made by the CoA in its Report submitted to Finance Minister on 27th April, 2017 and the Empowered Committee of Secretaries set up to screen the recommendations of 7th CPC.

7th CPC recommendations on Allowances

The 7th CPC had adopted a three-pronged approach in examining a total of 197 allowances which involved an assessment of the need for continuation of each allowance, appropriateness of the set of people covered by the allowance and rationalisation which involved clubbing of allowances with similar objectives. Based on the examination on these lines, the 7thCPC recommended that 53 allowances be abolished and 37 be subsumed in an existing or a newly proposed allowance.

For most of the allowances that were retained, the 7th CPC recommended a raise commensurate with inflation as reflected in the rates of Dearness Allowance (DA). Accordingly, fully DA-indexed allowances such as Transport Allowance were not given any raise. Allowances not indexed to DA were raised by a factor of 2.25 and the partially indexed ones by a factor of 1.5. The quantum of allowances paid as a percentage of pay was rationalised by a factor of 0.8.

A new paradigm has been evolved to administer the allowances linked to risk and hardship. The myriad allowances, their categories and sub–categories pertaining to  civilians employees, CAPF and defence personnel have been fitted into a table called the Risk and Hardship Matrix (R&H Matrix). The Matrix has nine cells denoting varying degrees of risk and hardship with one extra cell at the top named as RH - Max to include Siachen Allowance. Multiple rates applicable to individual allowances will be replaced by two slab rates for every cell of the R&H Matrix.

Modifications approved by the Cabinet

The modifications approved today were finalised by the E-CoS based on the recommendations of the CoA. The CoA had undertaken extensive stakeholder consultations before finalising its recommendations. It had interacted with Joint Consultative Machinery (Staff side) and representatives from various staff associations. Most of the modifications are on account of continuing requirement of some of the existing arrangements, administrative exigencies and to further the rationalization of the allowances structure.

Financial Implications



The modifications approved by the Government in the recommendations of the 7th CPC on allowances will lead to a modest increase of ₹1448.23 crore per annum over the projections made by the 7th CPC. The 7th CPC, in its Report, had projected the additional financial implication on allowances at ₹29,300 crore per annum. The combined additional financial implication on account of the 7th CPC recommendations along with the modifications approved by the Cabinet is estimated at ₹30748.23 crore per annum.



Highlights of Cabinet approval on Allowances



1.        Number of allowances recommended to be abolished and subsumed:

Government has decided not to abolish 12 of the 53 allowances which were recommended to be abolished by the 7th CPC. The decision to retain these allowances has been taken keeping in view the specific functional requirements of Railways, Posts and Scientific Departments such as Space and Atomic Energy. It has also been decided that 3 of the 37 allowances recommended to be subsumed by the 7th CPC will continue as separate identities. This has been done on account of the unique nature of these allowances. The rates of these allowances have also been enhanced as per the formula adopted by the 7th CPC. This will benefit over one lakh employees belonging to specific categories in Railways, Posts, Defence and Scientific Departments.

2.        House Rent Allowance

HRA is currently paid @ 30% for X (population of 50 lakh & above), 20% for Y (5 to 50 lakh) and 10% for Z (below 5 lakh) category of cities. 7th CPC has recommended reduction in the existing rates to 24% for X, 16% for Y and 8% for Z category of cities. As the HRA at the reduced rates may not be sufficient for employees falling in lower pay bracket, it has been decided that HRA shall not be less than ₹5400,₹3600 and ₹1800 for X, Y and Z category of cities respectively. This floor rate has been calculated @ 30%, 20% and 10% of the minimum pay of ₹18000. This will benefit more than 7.5 lakh employees belonging to Levels 1 to 3.

7th CPC had also recommended that HRA rates will be revised upwards in two phases to 27%, 18% and 9% when DA crosses 50% and to 30%, 20% and 10% when DA crosses 100%. Keeping in view the current inflation trends, the Government has decided that these rates will be revised upwards when DA crosses 25% and 50% respectively. This will benefit all employees who do not reside in government accommodation and get HRA.

3.        Siachen Allowance

7th CPC had placed Siachen Allowance in the RH-Max cell of the R&H Matrix with two slabs of ₹21,000 and ₹31,500. Recognizing the extreme nature of risk and hardship faced by officers / PBORs on continuous basis in Siachen, the Government has decided to further enhance the rates of Siachen Allowance which will now go up from the existing rate from ₹14,000 to ₹30,000 per month for Jawans & JCOs (Level 8 and below) and from ₹21,000 to ₹42,500 per month for Officers (Level 9 and above). With this enhancement, Siachen Allowance will become more than twice the existing rates. It will benefit all the soldiers and officers of Indian Army who are posted in Siachen.



4.        Dress Allowance

At present, various types of allowances are paid for provisioning and maintenance of uniforms/outfits such as Washing Allowance, Uniform Allowance, Kit Maintenance Allowance, Outfit Allowance etc. These have been rationalised and subsumed in newly proposed Dress Allowance to be paid annually in four slabs @ ₹5000,₹10,000, ₹15,000 and ₹20,000 per annum for various category of employees. This allowance will continue to be paid to Nurses on a monthly basis in view of high maintenance and hygiene requirements. Government has decided to pay higher rate of Dress Allowance to SPG personnel keeping in view the existing rates of Uniform Allowance paid to them (which is higher than the rates recommended by the 7th CPC) as also their specific requirements. The rates for specific clothing for different categories of employees will be governed separately.

5.        Tough Location Allowance

Some allowances based on geographical location such as Special Compensatory (Remote Locality) Allowance (SCRLA), Sunderban Allowance & Tribal Area Allowance have been subsumed in Tough Location Allowance. The areas under TLA have been classified into three categories and the rates will be governed as per different cells of R&H Matrix and will be in the range of ₹1000 - ₹5300 per month. The 7th CPC had recommended that TLA will not be admissible with Special Duty Allowance (SDA) payable in North-East, Ladakh and the Islands. Government has decided that employees will be given the option to avail of the benefit of SCRLA at pre-revised rates along with SDA at revised rates.

6.                     Recommendations in respect of some important allowances paid to all employees:

(i)                  Rate of Children Education Allowance (CEA) has been increased from ₹1500 per month / child (max. 2) to ₹2250 per month / child (max.2). Hostel Subsidy will also go up from ₹4500 per month to ₹6750 per month.

(ii)                Existing rates of Special Allowance for Child Care for Women with Disabilities has been doubled from ₹1500 per month to ₹3000 per month.

(iii)          Higher Qualification Incentive for Civilians has been increased from ₹2000 - ₹10000 (Grant) to ₹10000 - ₹30000 (Grant).



7.        Recommendations in respect of some important allowances paid to         Uniformed Services: Defence, CAPFs, Police, Indian Coast Guard and    Security Agencies



                    i.                        The 7th CPC has recommended abolition of Ration Money Allowance (RMA) and free ration to Defence officers posted in peace areas. It has been decided that Ration Money Allowance will continue to be paid to them and directly credited to their account. It will benefit 43000 Defence officers.



                  ii.                        Technical Allowance (Tier - I & II) are paid to Defence officers belonging to technical branches @₹3000 per month and ₹4500 per month. 7th CPC has recommended that Technical Allowance (Tier - II) be merged with Higher Qualification Incentive for Defence personnel. In view of the specific requirements of Defence Forces for the Defence personnel to keep pace with changing Defence requirements and technologies, the  Government has decided not to discontinue Technical Allowance. The list of courses for these allowances will be reviewed to remain in sync with the latest technical advancements in Defence.



                iii.                        The facility of one additional free railway warrant (Leave Travel Concession) presently granted to personnel of Defence Forces serving in  field/high altitude/CI Ops shall also be extended to all personnels of CAPFs and the Indian Coast Guard. 



                iv.                        Rates of High Altitude Allowance granted to Defence Forces and CAPF personnel will be governed by the R&H Matrix. The rates will go up from  ₹810 - ₹16800 per month to ₹2700 – ₹25000 per month.



                  v.                        Field Area Allowances are granted to Indian Army, Air Force & CAPF personnel. The rates of Field Area Allowances (Modified Field, Field & Highly Active)  will be governed by the R&H Matrix. The rates will go up from ₹1200 - ₹12600 per month to ₹6000 - ₹16900 per month. Classification of field areas for this allowance will be done by Ministry of Defence for Defence personnel and by Ministry of Home Affairs for CAPFs.



                vi.                        The rates of Counter Insurgency Ops (CI Ops) Allowance, granted to Defence and CAPFs while deployed in counter – insurgency operations will be governed by the R&H Matrix. The rates will go up from  ₹3000 - ₹11700 per month to ₹6000 – ₹16900 per month.



              vii.                        Rates of MARCOS and Chariot Allowance granted to marine commandos of Indian Navy will be governed by the R&H Matrix. The rates will go up from ₹10500 - ₹15750 per month to ₹17300 – ₹25000 per month.



            viii.                        Rates of Sea Going Allowance granted to personnel of Indian Navy will be governed by the R&H Matrix. The twelve hour conditionality for determining the eligibility of Sea Going Allowance has been reduced to four hours. The rates will go up from ₹3000 - ₹7800 per month to ₹6000 – ₹10500 per month.



                ix.                        Rates of Commando Battalion for Resolute Action (COBRA) Allowance granted to CRPF personnel deployed in Naxal hit areas will be governed by the R&H Matrix. The rates will go up from ₹8400 - ₹16800 per month to ₹17300 – ₹25000 per month.



                  x.                        Rates of Flying Allowance granted to flying branch and technical officers of Defence Forces will be governed by the R&H Matrix. The rates will go up from ₹10500 - ₹15750 per month to ₹17300 – ₹25000 per month. It has been extended mutatis mutandis to BSF Air Wing also.



                xi.                        Rates of Higher Qualification Incentive for Defence Personnel have been increased from ₹9000 – ₹30000 (Grant) to ₹10000 – ₹30000 (Grant).



              xii.                        Aeronautical Allowance, presently paid to personnel of Indian Navy, has been extended to Indian Coast Guard. The rate of this allowance has been increased from ₹300 per month to ₹450 per month.



            xiii.                        Rates of Test Pilot and Flight Test Engineer Allowancewill be governed by the R&H Matrix. The rates will go up from  ₹1500 / ₹3000 per month to ₹4100 / ₹5300 per month.



            xiv.                        Rates of Territorial Army Allowance have been increased from ₹175 - ₹450 per month to ₹1000 - ₹2000 per month.



              xv.                        Ceilings of Deputation (Duty) Allowance for Defence Personnel have been increased from ₹2000 - ₹4500 per month to ₹4500 - ₹9000 per month.



            xvi.                        Rates of Detachment Allowance have been increased ₹165 - ₹780 per day to ₹405 – ₹1170per day.



          xvii.                        Rates of Para Jump Instructor Allowance have been increased from ₹2700/3600 per month to ₹6000 / 10500 per month.



        xviii.                        Special Incident / Investigation / Security Allowancehas  been rationalized. Rates for Special Protection Group (SPG) have been revised to 55% and 27.5% of Basic Pay for operational and non – operational duties respectively.



8.         Recommendations in respect of some important allowances paid to Indian Railways



              i.                              Rates of Additional Allowance have been increased from ₹500 / 1000 per month to ₹1125 / 2250 per month. This has also been extended to Loco Pilot Goods and Senior Passenger Guards also @₹750 per month.  



                  ii.                        In view of strenuous nature of the job, new Allowance namely Special Train Controller’s Allowance @5000 per month for Train Controllers of Railways has been introduced.



9.        Recommendations in respect of some important allowances paid to Nurses & Ministerial Staffs of Hospital



                 i.                        Existing rate of Nursing Allowance has been increased from ₹4800 per month to ₹7200 per month.



               ii.                        Rate of Operation Theatre Allowance has been increased from ₹360 per month to ₹540 per month.



                iii.                        Rates of Hospital Patient Care Allowance / Patient Care Allowance have been increased from ₹2070 - ₹2100 per month to ₹4100 – ₹5300 per month. 7th CPC recommendations modified to the extent that it will be granted to Ministerial staff also.



10.       Recommendations in respect of some important allowances paid to        Pensioners



Rate of Fixed Medical Allowance (FMA) for Pensioners has been increased from ₹500per month to ₹1000 per month. This will benefit more than 5 lakh central government pensioners not availing CGHS facilities.



                    i.                        The rate of Constant Attendance Allowance granted on 100% disablement has been increased from ₹4500 per month to ₹6750 per month.



11.       Allowances to Scientific Departments



              i.                              The recommendations of 7th CPC to abolish Launch Campaign Allowance and Space Technology Allowancehas not been accepted. In order to incentivize the supporting employees in Space and Atomic Energy sector, the rate of Launch Campaign and Space Technology Allowancehas been increased from ₹7500 per annum to ₹11250 per annum.Professional Update Allowance for non-gazetted employees of Department of Atomic Energy will also continue to be paid at the enhanced rate of ₹11250 per annum.



                  ii.                     The 7th CPC had placed Antarctica Allowance, paid to the Scientists and other members undertaking the expedition to Antarctica under the Indian Antarctic programme, in the RH-Max Cell of the R&H Matrix. The rates of the RH-Max Cell recommended by the 7th CPC were less than the existing rates of Antarctica Allowance which is currently paid on per day basis. Considering the specific nature of these expeditions and to provide appropriate increase in rates, Government has decided to keep Antarctica Allowance out of the R&H Matrix and the allowance will continue to be paid on per day basis as per existing practice. The Rates of Antarctica Allowance will go up from ₹1125 per day (Summers) and ₹1688 per day (Winters) to ₹1500 per day (Summers) and ₹2000 per day (Winters).



12.                  Allowances paid to D/o Posts



                    i.                        The recommendations of 7th CPC to abolish Cycle Allowance, granted     mainly to Postmen and trackmen in Railways, has not been accepted. Keeping in view the specific requirement of this allowance for postmen in Department of Posts and trackmen in Railways, the cycle allowance is retained and the rates have been doubled from ₹90 per month to ₹180 per month. This will benefit more than 22,200 employees.

Conclusion



While increasing the rate of allowances affecting the central government employees, especially the Defence, CAPF and Coast Guard personnel, the staff of Railways, Postal department and nursing staff, the total number of allowances have been rationalized from 197 to 128. Thus, the Government has shown a great deal of fiscal prudence and at the same time addressed the genuine concerns of the employees and responded to some of the administrative exigencies necessitating the modifications.

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SS/VBA/AK





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