KAVALIPOST

Sunday, 2 June 2013

RBI to clarify on new Bank licensing norms on June 3


KOLKATA: Reserve Bank of India said it will answer the queries on new bank licensing guidelines on June 3, leaving nearly a month for the aspirants to submit applications.


The banking regulator had issued guidelines for licensing of new private banks on February 22, 2013. It has told the interest parties to submit applications by July 1.

RBI had received several queries regarding the guidelines from the interested entities. It said it would post the clarifications on its website.


Private entities or groups, entities in public sector and non-banking financial companies are eligible to apply for banking licence.


Aditya Birla Group, Larsen & Toubro, Mahindra & Mahindra and government-owned India Post and Life Insurance Corporation of India are among the entities which are keen to apply for banking licence. 


RBI said it had received a large number of queries from the aspirants seeking clarifications on the guidelines. ""The queries have since been examined and the clarifications would be posted on the RBI website on June 03, 2013,"" it said. 


CAT has rejected Retired Postman's Claim for family Pension to his Second wife


Mere marriage registration does not entitle second wife for pension: CAT



The Central Administrative Tribunal, Madras Bench, has rejected a claim by a retired postman for family pension to his second wife, who was having a live-in relationship with him when his first marriage was subsisting and registered the marriage after his retirement.

Dismissing the application of M.Yesudhasan of Kanyakumari, the CAT’s member B.Venkateswara Rao said, “The applicant being a Central government employee must be aware that contracting a second marriage without dissolution of the first marriage is an offence under the Indian Penal Code. Mere registration does not entitle the second wife for family pension.”

M.Yesudhasan had married Jesintha Mary in 1981 while he was in service. Due to a strained relationship, she sought divorce before a competent court and was granted decree of divorce in 1997. The divorce was confirmed by the Madras High Court in 2000. He had a live-in relationship with Lalitha Mary since 1994 and their marriage was solemnised the same year. He retired in 2008.

In 2010, he received a communication from the Postal department rejecting his request to include her name as a nominee for family pension on the ground that the second marriage was not valid as the first marriage was subsisting. When he made a fresh request, the Postal department again rejected it. Approaching the Central Administrative Tribunal, he contended that neither there was any bar on him to get married after retirement nor any difficulty in nominating the post-retiral spouse for family pension.

The Postal department contended that his second marriage was solemnised in 1994 when the first one was subsisting, but the registration was done under the Special Marriage Act after his retirement. Therefore, it could not be termed post-retiral marriage.

Delhi High Court Decision on disclosure of information under RTI Act relating to disciplinary matters


Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt-10
No. AN/XIII/13006/Vol.XXI        
Dated:- 29.05.2013
To
All Principal Controllers/PCA (FYs)
All Controllers/CFAs
Sub:- Delhi High Court's decision in - LPA NO.618/2012 dated 06.11.2012 in the matter of disclosure of information under the provisions of RTI Act, relating to disciplinary matters.

A copy of CVC letter No. CVC/RTITMisc./10/002 dated 04.04 2013 on the above subject is forwarded herewith for information, guidance and necessary action please.

2.         The CPIOs/Appellate Authorities of the organization may be requested to take due cognizance of the Hon'ble High Court of Delhi Judgement, reproduced at para 2 of the above cited letter while deciding the RTI Applications and Appeals relating to disclosure of documents/information pertaining to vigilance /disciplinary proceedings (including orders of the disciplinary authority).

3.         Please ack. receipt.
sd/-
(A R Sule)
CVO
CVC's Letter No. CVC/RTI/Misc/10/2002 dated 04.04.2013
CENTRAL VIGILANCE COMMISSION 
Satarkta Bhawan, G.P.O.
Block A, INA, New Delhi 110023
No.CVC/RTI/Misc/10/002
Dated 04.04.2013

Sub: Delhi High Court's decision in LPA No. 618/2012 dated 06.11.2012 in the matter of disclosure of information under the provisions of RTI Act, relating to disciplinary matters.
            The attention of the CVOs concerned is drawn to the Judgement/Order passed by the Hon'ble High Court of Delhi dated 06.11.2012 in LPA. No. 618/2012 in case of 'Union Public Service Commission Vs R. K. Jain, in which the issue of disclosure of information/documents under the provisions of RTI Act pertaining to vigilance/disciplinary proceedings has been considered by the Hon'ble Court.

The Hon'ble Court in its Judgement, had observed that:

            "The counsel for the respondent has argued that in the case before the Supreme Court the CIC itself had denied the information while in the present case CIC itself has allowed the information. To our mind the same is irrelevant. The counsel for the respondent has next sought to take us through the reasoning given by the learned Single Judge. However, in the light of the dicta aforesaid of the Supreme Court and which if applicable to the facts of the present case is binding on this Bench, we are not required to go into the correctness or otherwise of the reasoning given by the learned Single Judge. Faced therewith the counsel for the respondent has lastly contended that the appellant UPSC in the present case is not the employer of the officer Shri G.S. Narang, information pertaining to whom was sought and the principle laid down by the Supreme Court is applicable to the employer only. We however fail to see the difference. The ratio of the dicta aforesaid of the Supreme Court is that the disciplinary orders and the documents in the course of disciplinary proceedings are personal information within the meaning of Section 8(1)(j) and the disclosure of which normally has no relationship to any public activities or public interest and disclosure of which would cause unwarranted invasion of the privacy of an individual. Though the appellant UPSC is not the employer of Shri G. S. Narang, information pertaining to whom is sought by the respondent, but his employer had sought the advice/opinion/recommendation of the appellant UPSC in the matter of disciplinary proceedings against the said Shri G.S. Narang and we fail to see as to how it makes difference whether the information relating to disciplinary proceedings is sought from the employer or from the consultant of the employer. What is exempt in the hands of the employer would certainly he exempt in the hands of consultant of the employer also. The advice given by the appellant UPSC would necessarily pertain to the disciplinary action against Shri G.S. Narang.  Section 8(1)(j) exempts from disclosure personal information, irrespective of with whom it is possessed and from whom disclosure thereof is sought".

            "The respondent at no stage set-up a case of the said personal information being required in public interest.  In fact when we asked the cowisel for the respondent as to what was the public interest in which the said personal information was sought, he replied by stating that an information seeker under the Act is not required to state the reasons for seeking the information. That being the position, the need for any discussion further on the said aspect does not arise".

            "We therefore, following the dicta in Girish Rarnchandra Deshpande, set aside the judgement dated 13th July, 2012 of the learned Single Judge and allow the writ petition preferred by the appellant UPSC, consequently setting aside the order dated 12th January, 2011 of the CIC".

3.         The CVOs may bring the above quoted Judgement/Order of the Han'ble High Court of Delhi to the notice of the all CPIOs/Appellate Authorities of their respective organization, who may take due cognizance of the same, while deciding the RTI Applications and Appeals relating to disclosure of documents/information pertaining to vigilance/disciplinary proceedings (including Orders of the Disciplinary Authority).

4,         The complete decision of Hon'ble High Court of Delhi in the aforementioned case is available on its website, www.delhihighcourt.nic.in downloadable form under the head "JUDGEMENTS".

sd/-
[Rajiv Verma]
Under Secretary & 'Nodal' CPIO

Source:  www.cgda.nic.in
[http://cgda.nic.in/adm/rtiDiscp.pdf]


Deletion of questions pertaining to "Diabetes" and "Hypertension" from PLI proposal forms(L1-24) and RPLI proposal forms (PLI-01)


To view please Click Here.

Plan Training activities for GDSs under 'Human Resource Development'- Reimbursement of Travelling, Board and lodging expenses etc.



ENSURING THE PROPER MAINTENANCE OF STAFF QUARTERS -INSTRUCTIONS ISSUED BY DIRECTORATE


Directorate Memo No. 18-18/2013-Bldg dated 24/5/2013




Confederation published the feedback of meeting with Secretary, Pension AR & PG on Pensionary Matters


Confederation published the feedback of meeting held on 28.5.13 with Secretary, Pension AR & PG on Pensionary Matters...

MEETING OF THE REPRESENTATIVES OF STAFF SIDE NATIONAL COUNCIL WITH SECRETARY, PENSION AR & PG ON PENSIONARY MATTERS.

CONFEDERATION OF CENTRAL GOVERNMENT
EMPLOYEES AND WORKERS.
First Floor, North Avenue Post Office Building
New Delhi. 110 001
Website: www.confederationhq. Blogspot.com.
E mail: confederation06@yahoo.co.in
Dated: 30th May, 2013.

Dear Comrade,

A meeting of the representatives of Staff Side National Council with Secretary, Pension AR & PG on pensionary matters was held on 28.5.2013. Staff Side was represented by S/ Shri S.G. Mishra and Rakhal Das Gupta (AIRF), Guman Singh (NFIR) and K.K.N.kutty and S.K.Vyas (Confederation)

Old Items

The following issues have been discussed

1. Ex-gratia Payment to SRPF / CPF beneficiaries who had voluntarily retired or medically invalidated. It has been decided to implement the Kerala High Court judgment in general and extend the benefit of exgratia payment to the meagre number of pre 1986 optees who retired voluntarily or on medical invalidation after rendering 20 years of service. The enabling orders are to be issued shortly.

2. Raising quantum of ex-gratia to CPF retirees on lines of SRPF.

In respect of SRPF retirees of the Railways, the rate of ex-gratia was raised from Rs. 600/- pm to Rs. 750/- pm to Rs. 3000pm with effect from 1.11.2006. The Govt. have now decided to revise the rate of exgratia in respect of CPF retirees at the above rates I. e. Rs. 750/- to Rs. 3000/- pm w.e.f. 1.11.2006.

3. Issue of Revised PPOs in favour of Pre 2006 retirees and others.

 In the case Civilian departments about 4 lakhs of cases reported pending on 1.8.2012, now only 1.30 lakhs are pending and these would also be cleared by 30.6.2013. In the case of Railways total pendency in August 2012 was 10.8 lakhs which has been brought down to 5.54 lakhs. Now when it has been decided that revised PPOs may be issued suo mottu by the Railway authorities, the entire pending is targeted to be cleared by 30th September 2013.In the case of Defence civilians, action is being taken to issue all pending PPOs by 30.9.2013.

4. Fixation of revised pension by multiplying pre-revised 1/3rd pension (in  respect of PSU absorbees) by a factor of 2.26.In the case the speaking order issued by the Govt. on 26.11.2012 that no further increase in pension of absorbee pensioners would be allowed has been challenged in CAT Hyderabad and the Tribunal has passed orders on 24.4. 2013. This order is under examination.

5. Commutation of Pension.
The Govt. have not agreed to reduce the period of 15 years to 11 years for restoration even in the cases where commutation has been paid at the rates prescribed in the New Table. The Govt. wanted that the matter may be raised before 7th pay commission.

6. Family pension to divorced / widowed / unmarried daughters –nomination for life time arrears by the family pension in respect of his / her daughter. This has not been agreed to.

7. Non payment of arrears of pension on account of Revision of pension w.e.f. 1.1.2006 in case of pensioner of Chandrapur. Now these arrears have been disbursed by all Banks.

New Items.

I. Equitable Gratuity  under Rule 50 of Pension Rules, 1972.

As recommended by IV CPC the following rates of Death Gratuity had been provided for :-

Sl. No.Length of ServiceRate of Death Gratuity
1.Less than one year2 times emoluments
2.One year or more but less Then 5 years6 times of emoluments
3.5 Years or more but less than 20 years12 times emoluments
4.20 years or morehalf of emoluments for every completed 
six monthly period of qualifying service 
subject to maximum of 33 times of emoluments
Staff Side suggested the following amendment in Sl. No. 3 above which may be split as under :-
a) Five years or more12 times the emoluments but less than 11 years.
b) 11 years or more but less than 20 years20 times of emoluments

The Govt. has not agreed and have suggested that the matter may be raised before the next Pay Commission.

II.Extension of CS (MA) Rules, 1944 to Central Government Pensioners.

The Health Ministry has agreed to extend CS (MA) Rules, 1944 to Pensioners. In many cases which had gone to Court, it has been ruled that pensioners are entitled to full reimbursement of medical expenses incurred by them as per CS (MA) Rules 1944 which are applicable in the case of serving employees. The Department of Expenditure has not agreed to implement the above decision. The pensioners have to wait till the Medical Insurance Scheme is introduced.

III. Grant of modified parity with reference to the Revised Pay Scale corresponding to pre revised Pay Scale of the post from which an employee had retired. The Govt. cited the decision of Supreme Court in K.S. Krishna Swamy Vs UOI (C.A. no.3173-3174/2006 and 3188-3190/2006). According to this the benefit of up-gradation of post subsequent to their retirement would not be admissible to pre 1996 / pre 2006 retirees.

The Staff Side pointed out that the result of this clarification is that a retiree is now being compared with the pay scale of an employee two stages lower and subordinate to the post from which an employee has retired. If V IV CPCs have consciously upgraded certain posts it is established that pay scales granted for these posts were in adequate and only therefore the up-gradation has been recommended by them. On what ground the benefit of up-gradation even in determining the modified parity be denied to them when it is established that they retired from a pay scale which were inadequate.

However Govt. did not agree to reconsider this matter.

The meeting ended with a vote of thanks.

With greetings,
Yours fraternally,

M.Krishnan
Secretary General


Additional posts to be created in various grades in the Income Tax Department - CBDT Notification


F.No.A-11013/1/2013-Ad VII
Government of India/Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

New Delhi, 31st May, 2013

All the Chief Commissioners of Income-tax
All the Directors General of Income-tax

Subject : Additional Manpower for the Income Tax Department.

Sir/Madam,

I am directed to state that the Government has approved, as per decision taken In Cabinet Meeting held on 23rd May, 2013 (Minutes issued on 27th May, 2013), additional manpower for the Income Tax Department in various cadres as per Annex A of this communication. These posts are created in addition to the existing posts as per restructuring of the Department vide F.No.A-11013/3/98.Ad.VII dated 24th October, 2000 and 7051 additional posts created vide order F.No.A-11013/3/2006-Ad.VII dated 20.11,2006.

2. All the additional posts at different levels as per Annex A stand created with effect from 23rd May, 2013 (the date of the Cabinet Meeting). These posts shall be filled up in accordance with the Cabinet approval in the following manner : -

I. The 166 additional regular posts and 620 additional reserve posts at the level of Assistant Commissioner of Income Tax and 563 vacancies arising in this grade due to promotions to higher grade will be filled up equally by promotion and direct recruitment. Therefore the additional 1349 posts created at this level will be filled over a period of 5 years with 270 posts per year being filled in the next four years and 269 posts being filled In the fifth year. Every year these posts will be filled by promotion and by direct recruitment in equal proportion.

ii. The Cabinet has permitted, as a one-time measure, filling up of the additional posts that are to be filled by promotion immediately, without awaiting amendments in the recruitment rules on the basis of the model recruitment rules issued by DOPT. Accordingly, the process of filling up of all the additional posts that are to be filled by promotion shall be initiated immediately on the basis of the model recruitment rules issued by the DoPT without awaiting amendment in the recruitment rules of the relevant post(s).

iii. The Cabinet has also approved the filling up of the additional posts in the HAG+ with all the existing CCsIT being placed in the HAG+ directly and thereafter a DPC being conducted to place 26 of these CCsIT in the Apex grade. Instructions regarding promotions/placements of the officers in the posts in HAG+ and Apex scales shall be issued separately.

3. The region-wise / charge-wise distribution of the posts at various levels will be intimated separately. Revised sanctioned strength will be notified In the recruitment rules In due course.

4. This issues in pursuance to the approval of the Cabinet conveyed vide Cabinet Secretariat Note No. 20/CM/2013 (I) dated the May 27th 2013.

Yours sincerely,
(S.K.Lohani)
Joint Secretary to the Government of India

F.No.A-11013/1/2013-Ad.VII
Government of India/Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

Additional posts to be created in various grades in the Income Tax Department

Annex A
SI.No.Name of the PostPay ScaleAdditional Posts created
1Principal Chief Commissioner of Income TaxRs.80,000 (fixed)26
2Chief Commissioner of Income TaxRs. 75500-8000091
3Principal Commissioner of Income TaxRs.67000-79000184@
4Commissioner of Income TaxRs.37400-67000 + grade pay of Rs. 10000-(96)*
5Additional /Joint Commissioner of Income TaxRs.37400-67000 + grade pay of Rs. 8700/
Rs.15600-39100 + grade pay of Rs. 7600
322
6Deputy Commissioner of Income TaxRs.15600-39100 + grade pay of Rs. 660036
7Assistant Commissioner of Income TaxRs.15600-39100 + grade pay of Rs. 5400166
8Reserves (Group 'A')Rs.15600-39100 + grade pay of Rs. 5400620
9Income Tax OfficerRs.9300-34800 + grade pay of Rs.4800/Rs.54001494
10Principal Administrative OfficerRs.15600-39100 + grade pay of Rs. 660016
11Administrative Officer Grade IIRs.9300-34800 + grade pay of Rs. 4800393
12Administrative Officer Grade IIIRs.9300-34800 + grade pay of Rs. 4200161
13Senior Private SecretaryRs.9300-34800 + grade pay of Rs. 4800300
14Private SecretaryRs.9300-34800 + grade pay of Rs. 4200-(72)*
14Inspector of Income TaxRs.9300-34800 + grade pay of Rs. 46003803
15Executive Assistants #Rs.9300-34800 + grade pay of Rs. 42005932
16TA/Steno III/DriverRs, 5200-20200+ grade pay Rs. 24002895
17Notice server/ LDC/ DriverRs. 5200-20200+ grade pay of Rs. 1900267
18Other posts in Group CRs. 5200-20200+ grade pay of Rs. 18003773
19Deputy Director (EDP)Rs.15600-39100 + grade pay of Rs. 660042
20Assistant Director (EDP)/Additional Assistant/Director (EDP)Rs.15600-39100 + grade pay of Rs. 5400/
Rs.9300-34800 + grade pay of Rs.5400
8
21DPA Grade 'B'Rs.9300-34800 + grade pay of Rs. 4200112
22DPA Grade 'A'Rs.9300-34800 + grade pay of Rs. 4200127
23Deputy Director (014Rs.15600-39100 + grade pay of Rs. 660013
24Assistant Director (OL)Rs.15600-39100 + grade pay of Rs. 540028
25Senior Hindi TranslatorRs.9300-34800 + grade pay of Rs. 460066
26Junior Hindi TranslatorRs.9300-34800 + grade pay of Rs. 420044

@ 116 existing posts of CC1T in HAG will also be redesignated as Principal CIT. The total posts of Principal CIT will therefore be 300.

* These posts stand abolished.

# The post comprises the existing grades of Senior Tax Assistant, Office Superintendent, Stenographer Grade I and DEO which stand merged.

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