FEDERAL EXCUTIVE MEETING (NFPE) & AIPEU Gr.C (CHQ) - Central Working Committee Meeting - Ongole (A.P) on 21.08.2014 to 24.08.2014

FEDERAL EXCUTIVE MEETING (NFPE) & AIPEU Gr.C (CHQ) - Central Working Committee Meeting - Ongole (A.P) on 21.08.2014 to 24.08.2014

Com. M. Krishnan

Com. M. Krishnan, General Secretary, AIPEU Group ‘C’ (CHQ) & Secretary General NFPE / Confederation will be retiring from service on 31.08.2014. 

Com N.Subramanian 

Com.R.N.Parashar

Some important decisions taken during the meeting :-

 All Confederation struggle programmes will be endorsed by the NFPE with larger participation and make them all grand success. 

NFPE Diamond jubilee celebrations are scheduled in Dwaraka (Gujrat) on 23rd & 24th November 2014 & All Unions of NFPE, CWC meetings in Dwaraka is called for.

"Parliament March" by Postal JCA will be conducted during 2nd week of December 2014 (date will be decided after consultation with FNPO)

 Next Federal Council Meeting due in June 2016 will be held in Assam Circle.

Com.R.N.Parashar, Asst. General Secretary, NFPE will take the charge of Secretary General in place of Com.M.Krishnan, Secretary General on his superannuation on 31-08-2014 up to next Federal Council. 

 Com N.Subramanian has elected as General Secretary, AIPEU Group ‘C’ (CHQ)  

Com.R.Seethalakshmi, General Secretary, P-IV to take the charge of Deputy Secretary General as the post fallen vacant due to superannuation of Com.I.S.Dabas, Dy. Secretary General, NFPE & General Secretary,

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  CONGRATULATES THE NEWLY EELECTED  OFFICIALS

Dr U R Ananthamurthy no more

(1932-2014)
Kannada Writer and one of the most acclaimed public intellectuals in the country, Dr U R Ananthamurthy passed away at a private hospital in Bangalore on Friday. He was 82.

INCLUSION OF GDS IN 7th CPC – CABINET SECRETARIAT FORWARDS THE LETTER OF SECRETARY JCM NATIONAL COUNCIL TO SECRETARY DEPARTMENT OF POSTS.

INCLUSION OF GDS IN 7th CPC – CABINET SECRETARIAT FORWARDS THE LETTER OF SECRETARY JCM NATIONAL COUNCIL TO SECRETARY DEPARTMENT OF POSTS.

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No comments: Links to this post Admissibility and Annual Ceiling in Children Education Allowance and Hostel Subsidy – Minister’s Reply

011-CENSUS - RECLASSIFICATION OF CITIES/TOWNS GRANT OF HIGHER RATE OF HRA/TRANSPORT ALLOWANCE FINANCE MINISTRY'S REPLY TO SECRETARY GENERAL CONFEDERATION

IMPORTANT CAT JUDGEMENT

DECLINING REGULAR PROMOTION BEFORE THE DATE OF IMPLEMENTATION OF ACP OR MACP SCHEME SHOULD NOT BE A BAR FOR GRANTING ACP/MACP

Refusal to accept promotion, earlier to 09.08.1999 when the ACP scheme was promulgated, does not make an employee ineligible for grant of first financial benefits under ACP scheme when the scheme came into force only on 09.08.1999

Facts: The Applicant  (who was appointed on 08.03.1980), while working as Radio Mechanic in India Meteorological Department refused his promotion due to family circumstances, when his promotion order was issued on 30.07.1998.

The Assured career Progression Scheme came into force on 09.08.1999. The Applicant having completed 12 years of service and stagnating in the same post of Radio Mechanic was rejected for the financial benefit of ACP on the ground that he refused his promotion when offered on 30.07.1998 earlier to the introduction of ACP scheme on 09.08.1999.

Modified Assured Career Progression Scheme (MACP) was introduced for financial upgradation on 19.05.2009. As per this scheme, an employee will be entitled for three financial upgradation after completion of 10, 20 and 30 years of continuance of service. The Applicant became eligible for 1^st ACP in 2000 and 2^nd MACP in 2010. The grievance of the Applicant is that, he was denied 1^st ACP and 2^nd MACP. Hence he filed this OA challenging the Office Orders 10/11-12-2008 and 20-9-2010 whereby he was denied the financial upgradation.

The Respondents state that he refused promotion issued by Order dated 30.07.1998. In terms of DoP&T O. M. No. 35034/1/1997 Establishment (D) (Vol. IV), dated 18.07.2001, the Applicant cannot be said to stagnate in the same post. Hence the 1^st ACP benefits was refused. The Applicant annexed the judgement of Bombay Bench of the Tribunal as appeared in Swamynews of July, 2008.

The Bombay Bench of the CAT held that “If an employee has refused the promotion before the enforcement of ACP Scheme, the facts would remain that he has actually not been given any financial upgradation which he could have been before regular promotion. He remains on the scale of pay still stagnated”. In view of this clarification, the clarification of Respondents cannot be accepted. Ernakulam Bench of CAT in OA No. 768 of 2005 considered condition No. 10 makes it amply clear that if an employee is accepting ACP benefit, he is deemed to have given unqualified acceptance for regular promotion on occurrence of vacancy subsequently”. That precludes factoring of past refusal while given ACP benefit.

In view of the above, refusals of promotion earlier to 9-8-1999, has no effect on the grant of financial benefit under ACP scheme. Hence, the clarification given no Doubt No. 38 by DoP&T cannot be accepted in this case as the Applicant herein refused promotion earlier to the coming of ACP Scheme. In that view, refusal of grant of 2^nd financial upgradation under MACP scheme amount to punishing him for the second time. Hence, the eligibility of benefits under ACP scheme has to be recknoned on the actual date namely 9-8-1999. Hence declaining promotion earlier to 9-8-1999 is no reason to deny the first ACP introduced on 9-8-1999. Hence, a direction was given to Respondents to grant the Applicants benefits under the ACP scheme irrespective of the fact of their refusal of promotion earlier to 9-8-1999. Time given for implementation was 6 weeks.

In view of the above, same relief given by Bombay Bench is to be followed in this case also.

In the result, the impugned Order, dated 10/11-12-2008 and 20-9-2010 are set aside. The Respondents are directed to grant financial benefits under the ACP scheme to the Applicant in 12 weeks from the date of receipt of this order.

This the OA stands allowed.

(Shri. Ganesh Bhavrao Shrote v. Secretary, Ministry of Earth Sciences Mausam Bhavan, New Delhi, New Delhi, 8/2014, SwamynewS 98, (Bombay), date of judgement 5-8-2013)

NB: Reproduced from Swamy’s News August 2014-Tribunal Judgements

011-CENSUS - RECLASSIFICATION OF CITIES/TOWNS GRANT OF HIGHER RATE OF HRA/TRANSPORT ALLOWANCE FINANCE MINISTRY'S REPLY TO SECRETARY GENERAL CONFEDERATION

Corruption in Bureaucracy corrective Measures taken by the Government

The Central Bureau of Investigation (CBI) and the State Anti-Corruption agencies concerned nab persons for taking bribe or indulging in corruption. So far as the CBI is concerned, the number of cases registered by it under the Prevention of Corruption Act during the last three years is as follows:

Year	No. of PC Act cases registered by CBI
2011	600
2012	703
2013	649
2014 (upto 31.05.2014)	268
Total	2220

The Government is fully committed to implement its policy of “Zero Tolerance against Corruption”. 

Corruption thrives where transparency is lacking, procedures are complicated, discretion of a high order is permitted and where there is a demand supply gap. Government is tackling these situations by encouraging greater transparency, introducing simplified procedures, reducing scope for discretion.

Several steps have been taken to combat corruption and to improve the functioning of Government. These include:- 

(i)           Issue of comprehensive instructions on transparency in tendering and contracting process by the Central  Vigilance Commission (CVC);

(ii)         Issue of instructions by the CVC asking the organizations to adopt Integrity Pact in major Government procurement activities;

(iii)       Introduction of e-Governance and simplification of procedures and systems;

(iv)    Issue of Citizen Charters;

(v)     Ratification of United Nations Convention against Corruption (UNCAC) in 2011;

(vi) Placing of details of immovable property returns of all Members of the All India Services and other Group` A` officers of the Central Government in the public domain;

(vii)   Issue of orders for setting up of 92 additional Special Courts exclusively
for trial of CBI cases in different states.

                                       

(viii)  Notification of the Public Servants (Furnishing of Information and Annual Returns of Asset and Liabilities and the Limit of Exemption of Assets in Filing Returns) Rules, 2014 under the Lokpal and Lokayuktas Act, 2013 regarding disclosure of assets and liabilities by all public servants.

Dr. Jitendra Singh Minister of State for Personnel, Public Grievances and Pensions gave this information in Lok Sabha on 06/08/2014 in a written reply to a   question by Smt. Rama Devi.

Source:-PIB

Central Vigilance Commission Recommendations

The Central Vigilance Commission tenders its advice on references received from Ministries /Departments/ Organisations against certain categories of public servants under its jurisdiction. After receipt of the advice of the Commission, the disciplinary authorities concerned are the competent authority to take decision in disciplinary cases. It is mandatory on the part of the organizations to seek the Commission’s advice before proceeding further in a matter where earlier a report was called for by the Commission. 

The Commission on considering the investigation reports furnished by the Chief Vigilance Officer (CVO) or the CBI and depending on the facts of each case and the evidence/records available, advises (a) initiation of criminal and/or regular departmental action (major or minor) against the public servant(s) concerned; (b) administrative action against public servants concerned; or (c) closure of the case and such advices are termed as first stage advice. 

Source:-PIB

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