SwamysnewS April 2011
- Details
- Category: SwamysnewS
- Published on Sunday, 24 April 2011 10:42
I. Important Government Orders
| Sl. No. | Ministry / Dept. | Date | Particulars |
| GPF, CPF and EPF | |||
| 60. | Finance | 31-12-10 | Rate of interest for GPF, etc., for 2010-2011 |
| Leave Rules | |||
| 61. | Per. & Trg. | 21-2-110 | Child Care Leave - Clarifications - Applicable to members of All India Service |
| Medical Facilities | |||
| 62. | Health | 14-1-11 | Clarification regarding Indian Hospital, AG 35, Shalimar Bagh, New Delhi |
| 63. | Health | 20-1-11 | Fresh empanelment of private hospitals and revision of package rates applicable under CGHS, Bhopal, Bhubaneshwar, Meerut, Nagpur and Patna. |
| 64. | Health | 7-2-11 | Referral of CGHS beneficiaries to empanelled Superspeciality hospitals. |
| 65. | Health | 9-2-11 | Clarification regarding Saraswati Heart Care and Research Ltd., Allahabad |
| 66. | Health | 9-2-11 | Clarification regarding Vatsalya Maternity and Surgicl Centre Pvt. Ltd., Allahabad. |
| 67. | Health | 23-2-11 | Issue of pensioner CGHS cards to Central Government servants before retirement. |
| 68. | Health | 24-2-11 | Emapanelment of private hospitals under CGHS, Delhi - Additions to the lists already circulated. |
| Pay, DA, etc. | |||
| 69. | Per. & Trg. | 22-12-10 | Stepping up of pay of Senior Assistans / PAs of CSS / CSSS promoted prior to 1-1-2006 and drawing less pay than Assistants / PAs of CSS / CSSS promoted after 1-1-2006 |
| 70. | Finance | 24-3-11 | Payment of Dearness Allowance to Central Government employees - Revised Rates effective from 1-1-2011. |
| Pension and Gratuity | |||
| 71. | Finance | 9-11-10 | Amendment to CSS (Commutation of Pension) Rules, 1981. |
| Recruitment, Seniority, DPC and Promotion | |||
| 72. | Per. & Trg. | 14-1-11 | Constitution and functions of the Staff Selection Commission. |
| 73. | Per. & Trg. | 24-1-11 | Model RRs for Stenographers posts in non-secretariat Organizations. |
| 74. | Per. & Trg. | 17-2-11 | Recruitment Rules, Group 'C' posts in Pay Band 1 with Grade Pay of Rs. 1,800 (pre-revised Group 'D' posts). |
| 75. | Per. & Trg. | 11-3-11 | Procedure to be observed by the DPCs - Model Calendar for DPCs and related matters. |
| TA, LTC and Joining Time | |||
| 76. | Finance | 4-3-11 | Clarification regarding reimbursement of LTC-80 fare. |
| Miscellaneous | |||
| 77. | Posts | 7/8-2-11 | Filling up of the posts in the cadre of Postmaster. |
| 78. | Posts | 10-2-11 | Introduction of Postmaster, Grades I, II, and III and senior Postmaster (Gazetted Cadre) in postal wing - Clarifications. |
| Railways | |||
| 79. | Railway | 29-11-10 | Revision of pension of pre-2006 pensioners / family pensioners. |
| 80. | Railway | 9-12-10 | Recruitment of Staff from open market in PB-1 of Rs. 5,200 - 20,200 having Grade Pay of Rs. 1,800. |
II. Case - Law Section
| Sl. No. | Subject | Name of Parties, Citation and Date of Judgment |
| Tribunal Judgments | ||
| Appointments | ||
| 30. | The recommendations of high power committee of BSNL for grant of Compassionate Appointment cannot be overruled by the Court as the Committee headed by a very Senior officer of BSNL makes its recommendation after giving full consideration to the various aspects for grant of COmpassionate Appointment. | Shri Partha Srathi Mistry v. Chief General Manager, BSNL, West Bengal Telecom Circle and others, 4/2011, SwamysnewS 85, (Clacutta) - (23-3-2010) - O.A. No. 1539 of 2009. |
| CCS (CCA) Rules | ||
| 31. | Suspension period of an employee is to be treated as on duty with full benefits if the major charges levelled against that employee ends with a minor penalty as per the O.M. No. 11012/15/85 EST (A), dated 3-12-1985. | E. Subba Rao v. Sub-Divisional Officer Phones - I, Ongole Telephone Exchange, Ongole and others, 4/2011, SwamysnewS 87, (Hyderabad) - (12-3-2010) - T.A. No. 18/09 (W.P. 20933/2004). |
| 32. | Enquiry, even in minor disciplinary cases, if requested by the delinquent, is to be ordered to ensure natural justice. | Anjani Kumar Sinha v. Secretary, Department of Posts and others, 4/2011, SwamysnewS 89, (Patna) - (22-3-2010) - O.A. No. 50 of 2009. |
| Pay and Allowances | ||
| 33. | Stepping up of pay of Loco Running Supervisors promoted from different category such as passenger and Goods Drivers cannot be compared for stepping up of pay of Senior Loco Supervisor posted in that capacity earlier. | Shyama Pada Roy and others v. General Manager, E. Rly. and others, 4/2011, SwamysnewS 90, (Calcutta) - (23-3-2010) - O.A. No. 847 of 2005. |
| Pension Rules | ||
| 34. | Temporary Status Casual Labourers who have attained the regular status after 1-1-2004 but their date of entrance to the Railway Service is counted earlier to 1-1-2004 due to addition of half of their temporary causal service and hence theri entry to the Railway service dates back prior to 1-1-2004 are to be paid final settlement dues based on old pension rules but not based on new pension rules introduced on 1-1-2004. | G. Appa Rao and others, Michael Raju v. Secretary, Railway Board and others, 4/2011, SwamysnewS 91 (Hyderabad) - (31-8-2010) - O.A. No. 429 of 2010 and O.A. No. 616 of 2010. |
| 35. | Physically handicapped persons as mentioned under Section 2(i) of "The Persons and Disabilities (Equal Opportunities, Protection of Rights and Full Participation) ACt, 1995" even above 25 years of their age are entitled to family pension. | Man Mohan Lal v. General Manager v. General Manager, N.E. Rly. and others, 4/2011, SwamysnewS 93, (Allahabad) - (28-8-2009) - O.A. No. 959 of 2009. |
| 36. | An employee posted to a higher post in this case from the post of Inspector, Central Excise to Appraiser in the same department due to passing of Civil Services Examination, can count his past services in the lower category for the purpose of qualifying service, provided he joins the higher category post without any break in service in the same department, even if he is selected to the higher category post without applying for that post through proper channel as he joined as Inspector before applying for Civil Services Examination. | Brahm Pal Singh v. Secretary, Department of Revenue and others, 4/2011, SwamysnewS 94, (Bombay) - (8-4-2010) - O.A. No. 456 of 2008. |
| 37. | It is a peculiar case to decide the date of Voluntary Retirement of the petitioner once rejected. Tribunal decided the date as it finds fit from 1-8-2006 from which date his absence was treated as LWP by the Railways. | Khairul @ Khyrul Basar v. General Manager, Eastern Railway and others 4/2011, SwamynewS 96, (Calcutta) - (8-1-2010) - O.A. No. 900 of 2008. |
| Promotion | ||
| 38. | The Applicant herein is to be considered for promotion sa Booking Supervisor, Gr. I and other posts of similar grade in his department in the scale of Rs. 6500-10500 against restructured posts on par with his juniors. | Dhiren Chandra Naskar v. General Manager, Eastern Railway, 4/2011, SwamysnewS 98, (Calcutta) - (21-9-2010) - O.A. No. 1063 of 2008. |
| 39. | Date of promotion of the Applicant as ordered by the Tribunal and upheld by the Apex Court cannot be changed as the will of the department and the Applicant is to be promoted notionally from the date his juniors were promoted after checking their seniority vis-a-vis the Applicant with full retiral benefits based on his notional pay fixed. | D. R. Sharma v. Union of India represented by Secretary, Minsitry of Finance and another, 4/2011, SwamysnewS 99, (Chandigarh) - (6-9-2010) - O.A. No. 797/CH of 2008. |
| 40. | Reservation is provided only if it is above the prescrived percentage. To give chance to all categories of staff, rotational roster is provided and by this rotational roster vacancy is filled by rotation from against UR, SC, ST and OBC to give equal representation to all communities. Decision in the case of R.K. Shabarwal's case rendered by the Apex COurt in 1995 is applicable only prospectively. | Ram Chand Mardi v. Secretary, Ministry of Laboour, New Delhi and others, 4/2011, SwamysnewS 101, (Calcutta) - (23-12-2009) - O.A. No. 874 of 2003. |
| Transfer | ||
| 41. | Transfer after a stay of long period in a station is an incident of service and hence cannot be resisted unless the transfer ordered is due to proven vindictive attitude of authorities. | Nirmal Singh v. Secretary, Ministry of Consumer Affairs and others, 4/2011, SwamysnewS 103, (Bombay) - (21-6-2010) - O. A. No. 202 of 2010. |
| Miscellaneous | ||
| 42. | Long service of a casual employee who worked satisfactorily without complaint has to be recognised and he has to be regularized which is not prevented by any Apex Court judgments even in the case of Uma Devi (3) reported in 2006 (4) SCC 1. | Subhash R. Padave v. Additional Director General, Revenue Intelligence, Bombay, 4/2011, SwamysnewS 104, (Bombay) - (21-6-2010) - O.A. No. 579 of 2007. |
SwamysnewS March 2011
- Details
- Category: SwamysnewS
- Published on Sunday, 24 April 2011 10:41
I. Important Government Orders
| Sl. No. | Ministry / Dept. |
Date | Particulars |
| Canteens | |||
| 42. | Per. & Trg. | 20-1-11 | ACP Scheme for the Canteen employees working in non-statutory Departmental Canteens / Tiffin Rooms located in Central Government Offices - Implementation of SIU Report. |
| Group Insurance Scheme | |||
| 43. | Finance | 31-1-11 | CGEG Insurance Scheme - 1980 - Tables the Benefits for the savings fund for the period from 1-1-2011 to 31-12-2011. |
| Income Tax | |||
| 44. | Finance | 13-12-10 | Income Tax deduction from salaries during the financial year 2010 - 2011 under Section 192 of the Income Tax Act, 1961. |
| Leave Rules | |||
| 45. | Per. & Trg. | 31-1-11 | Encashment of Earned Leave to be granted to Officers appointed on contract in various posts under the Central Government. |
| 46. | Per. & Trg. | 7-2-11 | Rate of calculating entitlement to E.L. and H.P.L. |
| Medical Facilities | |||
| 47. | Health | 30-12-10 | Fresh empanelment of private hospitals and revision of package rates applicable under CGHS, Ahmedabad, Chandigarh, Pune and Ranchi. |
| 48. | Health | 18-1-11 | Ceiling for reimbursement of Special Nursing and Ayah / Attendant charges to the employees covered under CS (MA) Rules, 1944. |
| 49. | Health | 19-1-11 | Continuous empanelment of private hospitals and Diagnostic Centres under CGHS. |
| 50. | Health | 20-1-11 | Recognition of Tagore Hospital and Heart Care Centre (P) Ltd., Jalandhar (Punjab) for treatment of Central Government employees under CS (MA) Rules, 1944. |
| 51. | Health | 27-1-11 | Clarification regarding CGHS empanelled hospitals in Faridabad. |
| Pay, DA, etc. | |||
| 52. | Finance | 4-1-11 | Clarifications regarding pay fixation of existing Group 'D' employees in the revised pay structure. |
| 53. | Per. & Trg. | 25-1-11 | Extension of Risk Allowance till 30-6-2011. |
| Pension and Gratuity | |||
| 54. | Cabinet Sectt. | 28-1-11 | Amendment to FR 56. |
| 55. | Per. & Trg. | 9-2-11 | Review of items in the Government of India (Allocation of Business) Rules, 1961. |
| Recruitment, Seniority, DPC and Promotion | |||
| 56. | Per. & Trg. | 8-2-11 | CCS and Civil Posts, Group 'C' posts in Pay Band - I (Rs. 5,200 - 20,200) plus Grade Pay Rs1,800 (Educational and other Qualifications for Direct Recruitment) Rules, 2011. |
| 57. | Per. & Trg. | 10-2-11 | Review of Cadre Structuring. |
| TA, LTC and Joining Time | |||
| 58. | Finance | 24-1-11 | TA Rules - Implementation of the recommendations of Sixth CPC. |
| Miscellaneous | |||
| 59. | Per. & Trg. | 27-1-11 | Special concessions / facilities to Central Government Employees working in Kashmir Valley in attached / subordinate Offices or PSUs falling under the control of Central Government. |
II. Case - Law Section
| Sl. No. | Subject | Name of Parties, Citation and Date of Judgment |
| Tribunal Judgments | ||
| Appointments | ||
| 20. | Decision of the Tribunal, in this case grant of Compassionate Appointment, cannot be permitted to be by-passed by circumventing the decision of the Tribunal / Court to deny the benefit to the litigant. | Mr. Annirudhsinh M. Zala v. Director of Postal Services and another, 3/2011 SwamysnewS 89, (Ahmedabad) - (22-9-2009) - O.A. No. 389 of 2008 with M.A. 467 of 2008. |
| CCS (CCA) Rules | ||
| 21. | While passing a punishment order after an enquiry in a disciplinary case, the Disciplinary Authority should look into the case purposefully to ensure that charge-sheet issued and the enquiry done is purposeful and does merit punishment. | Dwarkaprasad Sukhalal Dhurve v. Divisional Mechanical Engineer, Nagpur Division, S.E. Railway and another, 3/2011, SwamysnewS 90, (Bombay) - (7-5-2010) - O.A. No. 2189 of 2005. |
| Pay and Allowances | ||
| 22. | An employee in higher grade requests for transfer and posting in a lower post, his pay in higher grade will be protected at the stage equal to pay drawn by him in the higher grade and if no such grade is available, his pay will be fixed at the stage below the pay drawn by him in the higher post and difference had to be absorbed in future increments without any condition. | Dilip Kanungo and another, Amit Sharma v. General Manager (Finance), Western Railway and another, 3/2011, SwamysnewS 92, (Jabalpur) - (6-8-2009) - O.A. Nos. 698 and 699 of 2008. |
| Pension Rules | ||
| 23. | FR 22 (c) provides for pay protection of the last pay drawn by a Government servant appointed in substantive / temporary / officiating capacity to any post carrying the duties and responsibilities of greater importance than the post held by them earlier, in this case, Stenographer-Gr. II posted to Central Water Commission from Chukha Hydro-Electric Project Construction Circle, Bhutan. | M. Joykutty v. Secretary, Ministry of Water Resources and others, 3/2011, SwamysnewS 94, (Bombay) - (7-5-2010) - O.A. No. 327 of 1996. |
| Postal Gramin Dak Sevaks | ||
| 24. | Gramin Dak Sevaks (GDS) are entitled for promotion to Group 'D' posts in Postal Department against 75% of the remaining vacancies in Group 'D' kept unfilled as per their seniority position. | P.T. Sreedharan and others v. Secretary, Department of Post and others, 3/2011, SwamysnewS 96, (Ernakulam) - (7-8-2009) - O.A. No. 493 of 2008. |
| Promotion | ||
| 25. | Transfer of an employee from a Central Government Department to another, in this case from a Central Government School while working as a teacher to the post of Postal Assistant in Maharashtra Circle due to closure of the school, does not stand in the way of the employee for getting the benefit of One Time Bound Promotion (OTBP) and Biennial Cadre Review benefits (BCR), counting the service of the employee in the school but not for her seniority in the transferred Postal Department. | Mrs. Meera v. Chief Postmaster - General Mumbai and others 3/2011, SwamysnewS 98, (Bombay Bench at Nagpur) - (28-4-2010( - O.A. No. 2128 of 2005. |
| 26. | Even though the ASM in this OA had not opted for SM's channel in writing, the Respondents are directed to fix him in the restructured pay scale of Rs. 550 750 with effect from 1-10-1983 as per direction of Apex Court in S.B. Sarkar v. Uol [1991 AIR (SC) 27] | Pranendra Gopal Sengupta v. General Manager, S.E. Rly., 3/2011, SwamysnewS 99, (Calcutta) - (7-8-2009) - O.A. No. 596 of 2004. |
| Seniority | ||
| 27. | Employees serving in a category on ad hoc basis for long, in this case as Sr. TCs cannot be allowed to lose their seniority in the promoted cadre even if it is on ad hoc basis due to bifurcation of Railway Zone. | Dhabhai Raju Singh and another v. Chairman, Railway Board and others, 3/2011, SwamysnewS 101, (Ahmedabad) - (23-4-2010) - O.A. No. 154 of 2007. |
| Transfer | ||
| 28. | Transfer orders de hors the guidelines would suffer from the vice of discrimination and liable to be interfered with in judicial review. There has to be uniform application of guidelines / Transfer Policy for all similarly situated officers. | Vimalendu Verma v. Secretary, Ministry of Finance and another and M.S.A. Khan v. Secretary, Ministry of Finance and another, 3/2011, SwamysnewS 104, (Principal Bench) - (28-8-2009) - O.A. No. 1652 of 2009 and O.A. No. 1656 of 2009. |
| Miscellaneous | ||
| 29. | Medical Expenses incurred in an emergent situation by a retired or serving Central Government employees in a non-recognized Private Hospital due to non-availability of facilities such as trained physician and equipments in Government Hospitals or Government Authorized Hospital had to be fully reimbursed without any reservation. | Zainuddin v. Secretary, Ministry of Health and others, 3/2011, SwamysnewS 105, (Principal Bench) - (29-5-2009) - O.A. No. 2345 of 2007. |