PROVISION OF CREAMY LAYER IN GENERAL CATEGORY FOR GOVERNMENT SERVICES – RAJYA SABHA QA

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL AND TRAINING)

RAJYA SABHA

STARRED QUESTION NO. 112
(TO BE ANSWERED ON 29.07.2021)

PROVISION OF CREAMY LAYER FOR GENERAL CATEGORY
112 # SMT. CHHAYA VERMA:

Will the PRIME MINISTER be pleased to state:

(a) whether Government is considering to make provision of creamy layer in general category for Government services on the lines of provision of creamy layer for the candidates in Other Backward Classes so that only weaker sections get Government services;

(b) whether a dual policy is being implemented on the candidates belonging to Other Backward Classes by implementing the provision of creamy layer only on Other Backward Classes; and

(c) the details of income criteria set for creamy layer at present and when was it increased and whether it is being increased from time to time?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE

(DR. JITENDRA SINGH)

(a) to (c): A statement is laid on the Table of the House

STATEMENT REFERRED TO IN REPLY OF RAJYA SABHA STARRED QUESTION
NO.112 FOR ANSWER ON 29.07.2021 BY SMT. CHHAYA VERMA REGARDING

PROVISION OF CREAMY LAYER FOR GENERAL CATEGORY

(a) & (b): The concept of exclusion of creamy layer from amongst Other Backward Classes (OBCs) has been introduced based on the directions of the Hon’ble Supreme Court in Indra Sawhney Vs.UOI & Ors. delivered in 1992.

(c): The income criteria to exclude creamy layer has been revised from time to time as follows:

(i) Vide O.M. No.36033/3/2004-Estt(Res), dated 9th March, 2004, the income limit was revised from Rs.1 lakh to Rs.2.5 lakh per annum.

(ii) Vide O.M. No.36033/3/2004-Estt(Res), dated 14th October, 2008, the income limit was revised from Rs.2.5 lakh to Rs.4.5 lakh per annum.

(iii) Vide O.M. No.36033/1/2013-Estt(Res), dated 27th May, 2013, the income limit was revised from 4.5 lakh to Rs.6 lakh per annum.

(iv) Vide O.M. No.36033/1/2013-Estt(Res), dated 13th September, 2017, the income limit was revised from Rs.6 lakh to Rs.8 lakh per annum.

The present income limit is Rs.8 lakh per annum

Source: Rajya Sabha

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RESTORATION OF FULL BENEFITS OF DEARNESS ALLOWANCE (DA) AND DEARNESS RELIEF (DR) IN ACCORDANCE WITH 7TH PAY COMMISSION FITMENT FACTOR: RAJYA SABHA QA

Government of India
Ministry of Finance
Department of Expenditure

Rajya Sabha
Unstarred Question No. 867
To be answered on Tuesday, 27th July, 2021
Sravan 5, 1943 (Saka)

Restoration of benefits of DA/DR

867:: Shri Naranbhai J. Rathwa:

Will the Minister of Finance be pleased to state:

(a) whether Government is actively considering to raise monthly gross basic pay of Government employees after restoration of full benefits of Dearness Allowance (DA) and Dearness Relief(DR) in accordance with fitment factor as per the recommendations of 7th Pay Commission;

 (b) if so, details of such increase post DA/DR restoration and whether pensioners will also be benefited due to this fitment factor; and

(c) the details in terms of percentage of pending DA/DR restoration since January, 2020 and the quantum of installment of DA/DR of July, 2021 and when it is likely to be released to Government employees/pensioners?

Answer

Minister of State in the Ministry of Finance
(Shri Pankaj Chaudhary)

(a) No Sir, The fitment factor of 2.57 was uniformly applied to all categories of employees only for the purpose of fixation of pay in the revised pay Structure based on the recommendations of the 7th Central Pay Commission

(b) Does not arise;

(c) The Government has released the installments of DA/DR from 01.07.2021 which were due from 01.01.2020, 01.07.2020 and 01.01.2021 in respect of Central Government employees/pensioners. The Central Government employees/Pensioners will get DA/DR @ 28% (11% over the existing rate of 17%) from July, 2021.

Source: Rajya Sabha

 BOOK ON "RETIREMENT BENEFITS IN ONE CLICK" - BY DEPARTMENT OF PENSION & PENSIONERS’ WELFARE

Download PDF

CENTRAL GOVERNMENT EMPLOYEES GROUP INSURANCE SCHEME - TABLE OF BENEFITS FOR 01.07.2021 TO 30.09.2021   (CLICK THE LINK BELOW TO VIEW)

https://doe.gov.in/sites/default/files/CGEGIS%20Table__01.07.2021-30.09.2021_bilingual.pdf

 

CONFEDERATION OF CGE&W WRITES TO THE ADDITIONAL CONTROLLER GENERAL OF ACCOUNTS (PFMS), O/O CONTROLLER GENERAL OF ACCOUNTS, MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE, FOR NON PAYMENT OF ENHANCED HRA @ 9, 18 AND 27 PERCENT AFTER DA INCREASE BEYOND 25%

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CAT ORDER - PRINCIPAL BENCH, NEW DELHI - REGARDING GRANT OF INCREMENT

 

CAT ORDER - PRINCIPAL BENCH, NEW DELHI - REGARDING GRANT OF INCREMENT

  CLICK HERE TO VIEW - CAT ORDER

 WEBINAR ON RESPIRATORY DISORDERS & ROLE OF YOGA ON 27 JULY 2021 (CLICK THE LINK BELOW TO VIEW)

https://cghs.gov.in/showfile.php?lid=6135

REVISED RATE OF DEARNESS RELIEF TO CENTRAL GOVERNMENT PENSIONER/FAMILY PENSIONERS W.E.F. 01.07.2021 (22/07/2021)

(CLICK THE LINK BELOW TO VIEW)

https://documents.doptcirculars.nic.in/D3/D03ppw/DR_22July2021Ra8mHf.pdf

 

 

GREETINGS AND BEST WISHES

“ON THE OCCASION OF EID-UZ-ZUHA”

ईद-उज-जुहा की बधाई

Revised rates of Dearness Allowance to Central Government employees w.e.f. 01.07.2021

 

Revised rates of Dearness Allowance to Central Government employees w.e.f. 01.07.2021

Confederation writes to Ministry of Health and Family Welfare

 

No.35034/3/2015-Estt.(D)

 

PREPONEMENT OF EFFECTIVE DATE OF MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS) W.E.F. 01.01.2006 AS PER SUPREME COURT ORDER.

                                                        No.35034/3/2015-Estt.(D)

Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

                                                                   North Block, New Delhi
                                                                      Dated: 13th July, 2021. 

OFFICE MEMORANDUM

Subject: Cases pending or decided by Hon’ble High Courts/Central Administrative Tribunals regarding preponement of effective date of Modified Assured Career Progression Scheme – Order of the Hon’ble Supreme Court of India dated 28.4.2021 in CA No. 1579/21 (SLP (C) No. 15572/2019) of Union of India v/s R.K. Sharma & others – reg.

The undersigned is directed to say that vide O.M. of even number dated 30.9.2020, Ministries/ Departments were advised to defend all cases or challenge the Orders of Court/Tribunal, as the case may be, which are contrary to Modified Assured Career Progression Scheme (MACPS) guidelines, since the matter relating to preponing the date of effect of the MACPS from 1.9.2008 (as provided in the scheme) to 1.1.2006, was sub-judice in a number of cases pending in the Apex Court, which have been tagged with SLP No. 10811-13/2018 of Uol v/s Ranjit Samuel, and that all similar matters were being heard together.

2. Though decision in the above mentioned cases is still awaited, the Hon’ble Supreme Court of India, in a related matter, has held that benefits under the MACPS cannot be claimed w.e.f. 1.1.2006. In its Order dated 28.4.2021 in Civil Appeal No. 1579/2021 [arising out of SLP (C) No. 15572/2019] of Union of India v/s R.K. Sharma & Others, the Hon’ble Apex Court has held as under:-

“7. For a better understanding of the dispute in these cases, it is necessary to examine the judgments of this Court in Balbir Singh Turn (supra) and M.V. Mohanan Nair (supra). The point that was considered by this Court in Balbir Singh Turn (supra) relates to the applicability of the benefit of MACPS from 01.01.2006. The Respondents therein approached the Armed Forces Tribunal which held that the benefit of ACP granted to an employee is part of the pay structure which affects the pay and also his pension. The Armed Forces Tribunal held that an ACP is not an allowance but a part of pay and therefore, in terms of the Government resolution, the employees were entitled for MACP w.e.f. 01.01.2006. This Court in Balbir Singh Turn (supra) upheld the said finding recorded by the Armed Forces Tribunal. Instructions issued on 30.05.2011 were found to be contrary to the resolution dated 30.08.2008 as, according to the resolution 01.01.2006 was the effective date for implementation of MACPS in matters relating to pay and dearness allowance.

8. In MV. Mohanan Nair (supra) a three Judge Bench of this Court considered the ACPS as well as the MACPS to hold that the schemes are in the nature of incentive schemes which were brought into force to relieve stagnation. This Court was of the considered view that the Respondents therein were entitled only to the benefit of next grade pay in the pay band and not to the benefit of grade pay of next promotional post. As the MACPS is a matter of Government policy pursuant to the recommendations made by the Pay Commission, this Court refused to accept submissions of the employees that MACPS should be made applicable w.e.f. 01.01.2006.

9. In view of the judgment of this Court in M.V. Mohanan Nair (supra), the Respondents and other similarly situated employees are entitled for financial upgradation under MACPS only to the next grade pay and not to the grade pay of next promotional post. It is clear from the resolution dated 30.08.2008 that the recommendation of the 6th Pay Commission was accepted by the Government and was made effective from 01.01.2006 in respect of civilian employees with regard to revised scales of pay and dearness allowances. In so far as the revised allowances other than dearness allowance, recommendation of the 6th Pay Commission were given effect from 01.09.2008. The judgment in M.V. Mohanan Nair (supra) clinches the issue. Benefits flowing from ACP & MACP Schemes are incentives and are not part of pay. The resolution dated 29.08.2008 is made effective from 01.09.2008 for implementation of allowances other than Pay and DA which includes financial upgradation under ACP & MACP Schemes. Therefore, the Respondents and other similarly situated officers are not entitled to seek implementation of the benefits of MACPS w.e.f. 01.01.2006 according to the resolution dated 29.08.2008. Moreover, the implementation of MACPS by granting financial upgradation only to the next grade pay in the pay band and not granting pay of the next promotional post w.e.f. 01.01.2006 would be detrimental to a large number of employees, particularly those who have retired. We find force in the submission made by the learned Additional Solicitor General that uniform implementation of MACPS for civilian employees w.e.f. 01.01.2006 would result in large scale recoveries of amounts paid in excess.

10. In view of the above, we set aside the judgment of the High Court and allow these Appeals.”

3. Accordingly, in terms of the existing MACP guidelines, and in light of above mentioned order dated 28.4.2021, all Ministries/Departments are, therefore, advised to dispose of all pending grievances seeking grant of benefit w.ef. 1.1.2006 under the MACP Scheme, and also. to defend the various pending Court Cases or to take immediate suitable action for appealing against such judgments which are contrary to the existing policy, as upheld by the Hon’ble Apex Court in the instant case.

Sd/-
(A. Bhattacharya)
Deputy Secretary

Confederation writes to The Controller General of Accounts, Ministry of Finance regarding Disbursement of Salary/Pension to Central Government employees/Pensioner working in the State of Kerala on 10th August 2021 on account of “ONAM” Festival.

 

Minutes of the 48th Meeting of the National Council (JCM) held on 26.06.2021

Minutes of the 48th Meeting of the National Council (JCM) held on 26.06.2021

 Click here to view - Minutes of the 48th Meeting of NC (JCM)

 PRESS NOTE

CABINET

CABINET APPROVES INCREASE IN DEARNESS ALLOWANCE AND DEARNESS RELIEF

Posted On: 14 JUL 2021 4:03PM by PIB Delhi

The Cabinet Committee chaired by the Hon’ble Prime Minister Shri Narendra Modi today has approved increase the Dearness Allowance to Central Government employees and Dearness Relief to pensioners with effect from 01.07.2021 to 28% representing an increase of 11% over the existing rate of 17% of the Basic Pay/Pension. In view of the unprecedented situation which arose due to the COVID-19 pandemic, three additional instalments of Dearness Allowance (DA) to Central Government employees and Dearness Relief (DR) to pensioners, which were due from 01.01.2020, 01.07.2020 and 01.01.2021, had been frozen.

Now, the Government has decided to increase the Dearness Allowance to Central Government employees and Dearness Relief to pensioners with effect from 01.07.2021 to 28% representing an increase of 11% over the existing rate of 17% of the Basic Pay/Pension.  The increase reflects the additional instalments arising on 01.01.2020, 01.07.2020 and 01.01.2021.  The rate of Dearness Allowance/Dearness Relief for the period 01.01.2020 to 30.06.2021 shall remain at 17%

 (Release ID: 1735374) 

UNION CABINET DECIDED TO ENHANCE DA/DR OF CENTRAL GOVERNMENT EMPLOYEES AND PENSIONERS FROM 17 PERCENT TO 28 PERCENT WITH EFFECT FROM 1^ST JULY-2021

 

 JULY 1960 HISTORIC CG EMPLOYEES INDEFINITE STRIKE!

It was really historic indefinite strike by CG Employees in July 1960! Main reasons were that the strike was for Need Based Minimum Wage, which even the TU Centres did not yet advance! Another reason was the employees dared to go strike despite a personal challenge from the then PM Pandit Jawaharlal Nehru and braved innumerable victimization and police firing. 

The 5 days indefinite strike from midnight of 11/12th July is a heroic saga! Among victories, Family Pension after the death of the Govt. Servant / Pensioner was ensured for the life time of the Spouse from the 10 years limit by that strike. That helped the poor families to live with dignity for the entire life. 

Let us Red Salute all the martyrs and comrades who sacrificed for all. Bongaigaon and Mariyane supreme sacrifices will never leave the memories!  

LONG LIVE THE MEMORIES OF INDEFINITE STRIKE OF JULY, 1960!

LONG LIVE THE MEMORIES OF MARTYRS OF 1960 STRIKE!

THE JOINT STATEMENT BY THE UNITED PLATFORM OF CENTRAL TRADE UNIONS AND SECTORAL FEDERATIONS

 PRESS RELEASE

MINISTRY OF HEALTH AND FAMILY WELFARE

BREASTFEEDING MOTHERS SHOULD GET THEMSELVES VACCINATED AGAINST COVID-19 WITHOUT ANY HESITATION: DR. SAMIRAN PANDA, HEAD, DIVISION OF EPIDEMIOLOGY AND COMMUNICABLE DISEASES, ICMR

“VACCINES AVAILABLE NOW ARE LARGELY EFFECTIVE AGAINST THE NEW VARIANTS OF COVID-19”

COVID19 VIRUS MAY REACH ITS ENDEMIC STAGE AFTER A WHILE, LIKE INFLUENZA: DR. PANDA

POSTED ON: 09 JUL 2021 1:30PM BY PIB MUMBAI

Mumbai, July 9, 2021

Breastfeeding mothers should get themselves vaccinated against COVID-19 without any hesitation. The anti-bodies that are developed in the mother as a result of the vaccination get passively transferred to the baby while breastfeeding and could be helpful to the child, says Shri Samiran Panda, Head, Division of Epidemiology and Communicable Diseases, Indian Council for Medical Research. 

The vaccines available now are largely effective against the new variants of COVID19

Many people are concerned whether our vaccines will be effective against the newer strains of SARS-CoV-2 virus.  According to Dr. Panda, the vaccines available now largely are effective against the new variants. He further explains, vaccines are not infection preventing, but disease-modifying. Experiments at ICMR have proved that the vaccines presently available in India are effective against the new variants as well. However, the efficacy may differ for different strains.

People are also wary that the vaccines that they are receiving now may not be effective after a while, as the virus is mutating rapidly. However, Dr. Panda points out that mutation is normal for all viruses when they proliferate. Experts suggest that the COVID-19 virus will reach its endemic stage like Influenza after a while and then vulnerable population may have to take the vaccine shot annually.  Dr. Panda explains Influenza commonly known as flu was a pandemic 100 years ago but today it is endemic.  Similarly, in case of COVID-19, we expect that it will gradually become endemic from its current state of being a pandemic. Currently, we recommend the elderly to take annual flu shots. As the influenza virus keeps on mutating, we simultaneously make minor changes in the vaccine. So, there is no need to panic.

It is futile to go for anti-body tests: Dr. Samiran Panda

Dr. Samiran Panda further says that it is futile to go for anti-body tests as the immunity does not depend only on anti-bodies. He adds, the anti-bodies that are seen using the commercial kits available in the market are not necessarily the anti-bodies that can protect from COVID disease.  Dr. Panda explains that whenever a person gets vaccinated, two types of immunity emerge. One is known as neutralizing anti-body or anti-body mediated immunity. Second one is cell mediated immunity. Third one and the most important one is immune memory. An immune memory is generated after vaccination and is present in cells and whenever the virus enters the body, this gets activated.

“Vaccines are absolutely safe”

Dr. Samiran Panda clarifies that people with normal allergies like asthma, dust allergy, allergy of pollen grains etc. can take the vaccine. Patients with co-morbidities can take the vaccine if they are stable. It is advisable for people suffering from diabetes and other immuno-suppressed conditions to get vaccinated because they are at a higher risk. “All the vaccines that are currently available in India have gone through three phases of clinical trials. Safety is tested in the first phase itself. Immunity and efficacy are tested in the later phases. So, I assure everyone that the vaccines are absolutely safe.” Dr. Panda added that blood clotting events or AEFI (Adverse Event Following Immunization) following COVID vaccination are miniscule in India.

Dr. Panda also suggests that the best option is to take the vaccine available in the country now, rather than waiting for other vaccines that are available globally and may come to India after some time. Dr. Panda explains, please understand that while people may be waiting for other vaccines which they may consider more convenient or superior, the virus is not waiting. The virus is still spreading in the country. What if you get infected, while you wait, he asks.

Dr. Panda says there is no change suggested in preventive measures and treatment of COVID-19 in light of the new variants.  “All the mutants, whether it is circulating strains of the virus or the newer variants, the mode of spread is the same. Precautions like wearing masks, avoiding crowded places, hand sanitation are still the effective methods to control the spread of the virus.”

As far as the treatment of COVID-19 is concerned, we do not feel any need to change the current standard treatment methods in wake of the new variants of Coronavirus, he adds.

Watch the full interview at this link: https://www.indiascience.in/videos/corona-ko-harana-hai-vaccination-special-with-dr-samiran-panda-head-division-of-epidemiology-and-communicable-diseases-icmr

Prarthna/DJM/CY/PIB Mumbai  (Release ID: 1734159) 

 CGHS WEBINAR ON ROLE OF GOOD SLEEP IN EVERYDAY LIFE ON 13 JULY 2021

(CLICK THE LINK BELOW TYO VIEW)

https://cghs.gov.in/showfile.php?lid=6124

 SOLIDARITY WITH THE DEFENCE WORKERS

"BLACK PROTEST DAY” ON 08.07.2021

 

AS PER CALL GIVEN BY CONFEDERATION/NFPE AND (NJCA)

 

KERALA

TN