GOVERNMENT FILES APPEAL AGAINST PRINCIPAL CAT JUDGMENT ON MODIFIED PARITY IN PENSION TO PRE 1.1.2006 PENSIONERS

GOVERNMENT FILES APPEAL AGAINST PRINCIPAL CAT JUDGMENT ON MODIFIED PARITY IN PENSION TO PRE 1.1.2006 PENSIONERS 

The Government has filed an Appeal against the 1ST November 2011 judgment of the Principal Bench of Delhi Central Administrative Tribunal on modified parity in pension to the pensioners retired prior to 1.1.2006. You may remember that the Principal Bench of Delhi CAT had directed implementation of OM dated 1.9.2008 based on the Government's Resolution dated 29.08.2008 accepting the recommendation of 6th CPC for modified parity of pension to pre 1.1.2006 pensioners by nullifying the clarificatory orders issued subsequently that denied the real content of the 6th CPC recommendation as accepted earlier by the Union Cabinet through its Resolution dated 29.08.2008. However now the Government has filed an Appeal against the judgment of the CAT. The legal battle therefore is not over for the pensioners. 

Courtesy : confederationhq.blogspot.com

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MAGNIFICENT STRIKE BY CENTRAL GOVERNMENT EMPLOYEES - PRESS STATEMENT

MAGNIFICENT STRIKE BY CENTRAL GOVERNMENT EMPLOYEES

CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES AND WORK

Manishinath Bhawan, A/2/95 Rajouri Garden

 New Delhi. 110 027
Date: 28th February 2012

PRESS STATEMENT

The General Strike of Indian working class for which the call was given by the Central Trade Unions and endorsed by all the Federations and the Central and State Govt. Employees elicited the largest participation today. The increased participation of workers in the industrial action was indicative of the growing realization of the need to struggle against the present economic policies of the Govt. of India.

The Central Govt. employees throughout the country responded to the call admirably in as much as the strike was almost total in Kerala, Tamil Nadu, West Bengal, Madhya Pradesh, Jharkhand, Chhattisgarh, Maharashtra, Assam, Meghalaya, Tripura, Manipur and about 80% in Andhra Pradesh, Karnataka, Bihar and Uttar Pradesh, and partial in Delhi, Punjab, Haryana, Arunachal Pradesh, Rajasthan, Himachal Pradesh, Orissa and Gujarat.

The strike was no doubt an impressive reflection of the total discontent of the employees over the various policy decisions like scrapping of the existing pension scheme, outsourcing, contractorisation and privatisation which have threatened the job security. The increasing prices of essential commodities had added to the agony and despite periodical wage increase through the system of Dearness Compensation, the employees found it difficult to make the both ends meet with the existing emoluments.

The Confederation National Secretariat while congratulating the Central Govt. Employees in general for the total co-operation in making the strike action a grand success, particularly place on record the exemplary and magnificent achievement of Income Tax Employees Federation and All India Central Ground Water Board Employees Association, who could make cent percent of their members to participate in the strike.

We once again call upon the affiliates to go ahead with the preparation of the next strike action in pursuance of the 14-point Charter of Demands which are of exclusive concern to Central Government Employees.

K.K.N. Kutty
Secretary General

Kids of widowed daughters to be included in CGHS

It’s a move that will go a long way in empowering widowed/separated daughters dependent on their parents. Last month, the ministry of health and family welfare decided to expand the ambit of Central Government Health Scheme (CGHS) to include dependent children of widowed/separated daughters as beneficiaries under the government’s comprehensive health scheme. Till now, serving central government employees, pensioners, current and former members of Parliament, serving and retired judges of Supreme Court and high court, freedom fighters, accredited journalists, former governor and former vice president of India could avail of CGHS benefits.

“The move has been initiated with the aim of empowering widowed and separated daughters who live with parents who are CGHS beneficiaries,” said a health ministry official.

Though the health ministry does not have an exact count of dependent children of widowed/ separated daughters of CGHS beneficiaries, senior officials said the move would benefit thousands of children.

“It’s a conservative estimate that the number would run into thousands,” said a ministry official.

Currently, there are nine lakh CGHS beneficiaries in India, of which six lakh are serving government employees.

Currently, the health ministry spends approximately R1,200 crore on CGHS. “The number of dependent children of widowed/separated daughters of CGHS beneficiaries runs into a few thousands. It won’t result in any massive hike in the CGHS budget,” said a senior ministry official.

The decision was taken following the recommendation of the 6th Central Pay Commission to expand the definition of “family” under CGHS.

“The health ministry has examined the matter and it has now been decided, with the approval of the competent authority, to expand the definition of family under CGHS to include minor children of widowed/separated daughters, who are dependent upon the CGHS beneficiary,” a ministry circular stated.

The upper age limit of the dependents for the purpose of being eligible for CGHS medical facilities will be 18 years. “They should normally be residing with the government servant/pensioner,” the circular added.

The Central Government Health Scheme was started in 1954 to provide comprehensive health care facilities to central government employees, pensioners and their family members residing in CGHS covered cities.

The medical facilities are provided through wellness centres, polyclinics under allopathic, ayurveda, yoga, unani and homeopathic system of medicines.

Source : The Hindustan Times, Feb 28, 2012

Trade Unions Reject PM's Appeal to Call off Strike

Trade unions have rejected Prime Minister Manmohan Singh's appeal to call off the all-India strike on Tuesday.

Dr. Singh reportedly got in touch with the Congress-backed Indian National Trade Union Congress president G. Sanjeeva Reddy and urged him to convey his appeal to the apex body of the unions coordinating the strike.

It is the first time since independence that trade unions of all hues have got together to register their protest on a wide range of issues stemming out of the liberalisation policy.

“The appeal of the Prime Minister 48 hours before the proposed strike has no meaning. We are going ahead with the strike. If the government is seriously interested in resolving the concerns of the workers, it should call leaders of all trade unions for talks after the strike,” general secretary of the All India Trade Union Congress Gurudas Dasgupta told The Hindu .

In a statement, Labour Minister Mallikarjun Kharge said: “Most of the issues relating to labour raised by the central trade unions have already been addressed to a substantial extent. However, I do assure all them that I am always open to discussions on any of the issues relating to labour at any time and resolve the same amicably through consultations.”

Workers of all 11 recognised unions (to be recognised, a union has to have 4 lakh members on its rolls) and 5,000 un-affiliated unions would strike work on Tuesday. It will impact the banking, postal, ports and government sectors.

The demands of the unions include strict enforcement of all basic labour laws without any exception or exemption, stringent punitive measures for violation of labour laws, universal social security cover for the unorganised sector workers without any restriction, and the creation of a National Social Security Fund.

The charter also seeks stoppage of disinvestment in Central and State profit-making Public Sector Undertakings.

The trade unions want the government to step in against giving on contract work of permanent/perennial nature and to ensure payment of wages and benefits to contract workers on a par with those to regular workers of the industry/establishment.

Their other demands include amendment of the Minimum Wages Act to ensure universal coverage irrespective of the schedules, fixation of statutory minimum wage at not less than Rs. 10,000, removal of all ceilings on payment and eligibility of Bonus and Provident Fund, and increase in the quantum of gratuity and assured pension for all.

Mr. Dasgupta said that despite several representations in the past few months, the government had been unmoved on the major concerns of the working people.

The annual Indian Labour Conference on February 14 and 15 in the presence of Dr. Singh articulated most of the demands and conveyed to him why the workers were compelled to take recourse to strike.

However, there was no response either from him or the Labour Minister.

·  “Government should call leaders of all unions for talks after the strike to address concerns”

·  Unions demand strict enforcement of all labour laws without exception

Source : thehindu dtd 27/02/2012

Bench warns Centre against filing appeals beyond period of limitation

The Supreme Court on Friday warned the Union government and its departments that bureaucratic delays could not be cited as an excuse or a ground for filing appeals beyond the period of limitation of 90 days.

A Bench of Justices P. Sathasivam and J. Chelamesar said: “the law of limitation undoubtedly binds everybody, including the government. The claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available.”

Writing the judgment, Justice Sathasivam said: “In our view, it is the right time to inform all the government bodies, their agencies and instrumentalities that unless they have reasonable, and acceptable explanation for the delay and there was bonafide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red-tape in the process. The government departments are under a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit for government departments. The law shelters everyone under the same light and should not be swirled for the benefit of a few.”

The Bench said: “It needs no restatement at our hands that the object for fixing time-limit for litigation is based on public policy fixing a lifespan for legal remedy for the purpose of general welfare. They are meant to see that the parties do not resort to dilatory tactics but avail of their legal remedies promptly.”

In the instant case, Living Media India Ltd., which publishes Reader's Digest and India Todaymagazines, was denied permission by the Postal Department to avail of the concession to post the magazines along with booklets containing certain advertisements. The Delhi High Court, allowed the writ petition filed by the company and a Division Bench also upheld the single judge's order.

Former Attorney General and senior advocate Soli Sorabjee, arguing for the respondent, pointed out that since in this case the Postal Department had filed the present appeal in the Supreme Court after a delay of 427 days, it should not be entertained. However, Additional Solicitor General Harin Raval cited earlier decisions to justify the ground for condonation of delay.

The Bench said:

“Considering the fact that there was no proper explanation offered by the department for the delay except mentioning of various dates, according to us, the department has miserably failed to give any acceptable and cogent reasons sufficient to condone such a huge delay.

“It is not in dispute that the person(s) concerned were well aware or conversant with the issues involved including the prescribed period of limitation for taking up the matter by way of filing a special leave petition in this court. They cannot claim that they have a separate period of limitation when the Department was possessed with competent persons familiar with court proceedings.”

The Bench noted that even the certified order copy was obtained only after four months.

The Bench said: “In the absence of plausible and acceptable explanation, we are posing a question why the delay is to be condoned mechanically, merely because the government or a wing of the government is a party before us. Though we are conscious of the fact that in a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bonafide, a liberal concession has to be adopted to advance substantial justice, we are of the view that in the facts and circumstances, the Department cannot take advantage of various earlier decisions.”

The Bench, while dismissing the appeal on grounds of delay, did not go into the issue on merits.

·  Postal Department filed appeal after a delay of 427 days

·  No proper explanation offered by department for the delay

e-payment for all govt transactions over Rs 1,000 Friday, February 24, 2012 Admin No comments

ALL GOVERNMENT PAYMENTS OVER RS 1,000 SHOULD BE MADE OR RECEIVED ELECTRONICALLY.

New Delhi, Feb24,2012 (TNN): A Nandan Nilekani-headed panel has recommended that all government payments over Rs 1,000 should be made or received electronically as this would help reduce graft and bring about greater transparency and accountability.

The final report of the task force on Aadhar-Enabled Unified Payment structure has also recommended that beneficiaries of all social safety net programmes such as the Mahatma Gandhi National Rural Employment Guarantee Act and recipients of direct subsidy transfer payments (cooking gas, fertilisers, kerosene, etc) can benefit by receiving their payments electronically, directly into their accounts at either banks or post offices.
In order to reduce the use of cash in the economy, the task force has said that government and government owned institutions accept electronic payments at all locations where they collect payments from citizens, without any additional surcharge.

Income Tax Deduction on your Children’s Education u/s. 80C and 80E of the Income Tax Act, 1961

The cost of educating our children is rising consistently. It’s a matter of concern for all of us. One relief is the tax benefit provided for spending on children’s education. The Income Tax Act provides a direct deduction on account of fees paid for the education of dependent children. The act also provides for deduction on account of interest on loans taken for higher education of children.

Under Section 80C on Tuition Fees Paid

This deduction in respect of school fees is covered under Section 80C of the I-T Act. A parent can claim a deduction of payment made for tuition fee to any university, college, school or any other educational institution.

The deduction on payments made towards tuition fee can be claimed up to Rs 100,000, together with deduction in respect of insurance, provident fund and pension.

But, there are certain conditions to get this. It can only be claimed in respect of two dependent children and for fees to an educational institution within India and, for tuition fee only. Payment as donation or development fee to an educational institution does not qualify.

The following are the deduction allowed under tuition fees

• Fees paid to regular educational institution irrespective of the class attended by the child.
• Payment of fees to play schools or creches will be allowed as deduction.
• Fees for admission are excluded from amounts eligible for deduction.
• The deduction is allowed only for two children.
• Deduction is available of paid basis.
• Adopted Child’s tuition fees is also eligible for deduction

The following are the deduction not allowed under tuition fees

• Deduction is not allowed for private tuition, coaching center.
• University College School or other educational institution must be situated in India. It can be affiliate to any foreign university.
• A late fee is not eligible for deduction.
• Development fees or donation is not eligible.
• Payment of fees for overseas education is not allowed.
• Fees for admission are excluded from amounts eligible for deduction.
• Transport charges, hostel charges, Mess charges, library fees charges incurred for education are not allowed
• Spouse’s tuition fees is not allowed for deduction.

Under Section 80E on Interest paid on Education loan

You can also get the benefit of direct deduction on the interest paid for a loan taken for the purpose of higher education. This is available under Section 80E of the I-T Act. This benefit can be claimed for a loan taken for education of yourself, your spouse, your children and the child for whom you are a legal guardian. It can be claimed for eight years in a row, beginning from the year when the interest payment starts.

As the benefit can be claimed by the parent as well as the child, the person taking the education can start claiming this deduction once he starts earning and paying the interest himself. There is no cap on the amount up to which the deduction can be claimed.

The loan in this regard can be taken from any financial Institution or charitable institution recognised by the central government. It can be claimed on a loan taken for education anywhere in the world.

So if you are going to take a loan on education keep in mind these factors to avail the tax benefits:-

1-These deduction is available only to individual and not for H.U.F.

2-Deduction amount-The deduction amount is only the interest paid on the loan of higher  studies and there is no limit. You can get tax benefit on entire amount of interest paid but not the PRINCIPAL.

3-Deduction only will be available if interest is paid out of tax chargeable income.

4-Deduction only be available if the loan is taken from financial institutes or approved charitable institutes. Loan taken by family or relatives not included.

5-Loan should be taken for higher studies means any full time course of graduate or post graduate course. After +2 full time course would be eligible for it.

6-Deduction available only to self or dependent like spouse & children. From A.Y 2010-11 Relative also includes student for whom the individual is the legal guardian

7. Deduction period: – Deduction shall be allowed in computing the total income in respect of the initial assessment year* and seven assessment years immediately succeeding the initial assessment year or until the interest is paid by the assessee in full, whichever is earlier.The maximum tenure to get the tax benefit is 8 years.

8-The study can be anywhere in the world and not necessary to be in India.

JOINT CONSULTATION AND COMPULSORY ARBITRATION FOR CENTRAL GOVERNMENT EMPLOYEES..

THE MACHINERY FOR JOINT CONSULTATION AND COMPULSORY ARBITRATION

The Scheme for Joint Consultation  and Compulsory Arbitration for the Central Government Employees was introduced in the year 1966 on the lines of the Whitely Councils of the United Kingdom.  This is a declaration of joint intent regarding the common approach of the Government of India on the one hand and the employees’ organisations on the other for joint consultation and smooth working.  The basic objectives of the Joint Consultative Machinery (JCM) are as under:-

To promote harmonious relations between the government and its employees.

• To secure the greatest measure of cooperation between the government in its capacity as employer and the general body of its employees in matters of common concern; and
• To increase the efficiency of the public services, through a collaborative endeavour, to narrow the area of “unresolved differences” and widen the ambit of agreement on substantive issues of common concern.
   

The JCM scheme  provides for a three tier machinery:-

(i) the National Council as the apex body; (chaired by the Cabinet Secretary)

(ii) Departmental Councils at the level of individual Ministries / Departments including their attached and subordinate offices and  (chaired by respective Secretaries)

(iii) Regional / Office Councils to deal with mainly the local problems at the level of each individual office, depending on its structure. (chaired by Head of office of respective organisations) The scope of the JCM Scheme includes all matters relating to:

• conditions of service and work,
• welfare of the employees and
• improvement of efficiency and standards of work, provided, however, that

(i) in regard to recruitment, promotion and discipline, consultation is limited to matters of general principles; and

(ii) individual cases are not considered.

Under the scheme, there have been continuous interactions with staff unions at the national level as well as at the departmental level and a number of important issues have been resolved amicably through mutual discussions. Forty five meetings of the council have been held since the inception of the scheme in 1966.

Standing Committee - There have been frequent interactions with the staff side through the meetings of the Standing Committee of National Council (JCM). Many issues of the employees of the major ministries / departments like Ministry of Railways, Ministry of Defence and Department of Posts have been resolved through negotiations and interactions with the unions / federations at the departmental level.

During the year 2008, a meeting of Standing Committee of the National Council (JCM) has been held on 7 March,2008. A special Standing Committee meeting to discuss the items relating to 6th Central Pay Commission was held on 7 May, 2008. A meeting under the Chairmanship of Cabinet Secretary was held on 17 May. 2008 with the Standing Committee members to discuss issues relating to the 6th Central Pay Commission.

Arbitration - An important feature of the JCM Scheme is the provision for arbitration in cases where there is no agreement on an issue between the official side and the staff side on matters relating to:-

• pay and allowances;
• weekly hours of work; and
• leave of a class or grade of employees.

Board of Arbitration (BOA) -  A  Board of Arbitration (BOA) comprising a chairman (who is an independent person) and two members,(nominated one each by staff side and official side) is functioning  under the administrative control of the  Ministry of Labour.  Awards of the Board of Arbitration are binding on both the sides, subject to the over-riding authority of the Parliament to reject or modify the awards.  Under JCM scheme, 259 references have been made to the Board so far, for settlement. Out of these 257 have been decided by BOA.  Most of the awards which were in favour of the employees, have been implemented, except a few which could not be accepted due to adverse affect on national economy / social justice.

The details of the break of 257 cases decided by the Board of Arbitration is given in table one and action taken by the government on 177 cases are given in table 2:-

TABLE-1

BREAK-UP OF 257 CASES DECIDED BY BOA

Demands of Staff Side accepted partially or fully by Award Board of Arbitration	Demands Staff Side rejected by BOA	Withdrawn by Staff Side dismissed	Amicably settled/without any	Disposed of by BOA
177	49	19	7	5

TABLE - 2

ACTION TAKEN BY THE GOVERNMENT ON 177 CASES

(MENTIONED IN FIRST COL. OF TABLE.1 ABOVE)

No. of Awards accepted and implemented by the Govt.	No. of Awards pending with the Parliament/Government	No. of Awards rejected with the approval of Parliament
156	16	5

Source: www.persmin.nic.in

Personality Tips

This is amazing, Randy Pausch 47 yrs old, A computer Sc. lecturer from Mellon University. He died of pancreatic cancer in 2008, but wrote a book "The last lecture" before then, one of the bestsellers in 2007. What a legacy to leave behind

In a letter to his wife Jai and his children, Dylan, Logan, and Chloe, he wrote this beautiful "guide to a better life" for his wife and children to follow.

May you be blessed by his insight.

POINTS ON HOW TO IMPROVE YOUR LIFE

Personality:
1. Don't compare your life to others'. You have no idea what their journey is all about.
2. Don't have negative thoughts of things you cannot control. Instead invest your energy in the positive present moment
3. Don't over do; keep your limits
4. Don't take yourself so seriously; no one else does
5. Don't waste your precious energy on gossip
6. Dream more while you are awake
7. Envy is a waste of time. You already have all you need..
8. Forget issues of the past. Don't remind your partner of his/her mistakes of the past. That will ruin your present happiness.
9. Life is too short to waste time hating anyone. Don't hate others.
10. Make peace with your past so it won't spoil the present
11. No one is in charge of your happiness except you
12. Realize that life is a school and you are here to learn. Problems are simply part of the curriculum that appear and fade away like algebra class but the lessons you learn will last a lifetime.
13. Smile and laugh more
14. You don't have to win every argument. Agree to disagree.

Community:
15. Call your family often
16. Each day give something good to others
17. Forgive everyone for everything
18. Spend time with people over the age of 70 & under the age of 6
19. Try to make at least three people smile each day
20. What other people think of you is none of your business
21. Your job will not take care of you when you are sick. Your family and friends will. Stay in touch.

Life:
22. Put GOD first in anything and everything that you think, say and do.
23. GOD heals everything
24. Do the right things
25. However good or bad a situation is, it will change
26. No matter how you feel, get up, dress up and show up
27. The best is yet to come
28. Get rid of anything that isn't useful, beautiful or joyful
29. When you awake alive in the morning, thank GOD for it
30. If you know GOD you will always be happy. So, be happy.

While you practice all of the above, share this knowledge with the people you love, people you school with, people you play with, people you work with and people you live with. Not only will it enrich YOUR life, but also that of those around you.

Remember,

GOOD THINGS ARE FOR US TO SHARE.....!!!!!!

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