Monday 29 April 2013

Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties

No. 11012(4)/2008-Estt. (A)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

North Block,

New Delhi,

Dated the 20th March, 2008

OFFICE MEMORANDUM

Subject:  Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties.

Sir,

The undersigned is directed to refer to the Department of Personnel and Training’s O.M. No. 11012/7/98-Estt. (A) dated 07.11.2000 (copy enclosed) on the above mentioned subject and to say that the Election Commission have observed that the Governments in many cases do not initiate proceedings promptly against Government servants on the Commission’s recommendations.

2. As per the aforementioned O.M. dated 07.11.2000, disciplinary action against officers, staff and police personnel deputed on election duties shall be governed by the principles and decisions agreed to between the Union Government and the Election Commission and as recorded by the Hon’ble Supreme Court of India in its Order dated 21.09.2000 in Writ Petition (C) No 606 of 1993 (Election Commission of India vs. Union of India and Ors.). The terms of settlement were as follows :-

“The disciplinary functions of the Election Commission over officers, staff and police deputed to perform election duties shall extend to

(a) Suspending any officer/official/police personnel for insubordination or dereliction of duty;

(b) Substituting any officer/official/police personnel by another such person, and returning the substituted individual to the cadre to which he belongs, with appropriate report on his conduct;

(C) making recommendation to the competent authority, for taking disciplinary action, for any act of insubordination or dereliction of duty, while on election duty. Such recommendation shall be promptly acted upon by the disciplinary authority, and action taken will be communicated to the Election Commission; within a period of 6 months from the date of the Election Commission’s recommendations;

(d) the Government of India will advise the State Governments that they too should follow the above principles and decisions, since a large number of election officials are under their administrative control.”

It has been brought to the notice of this Department by the Election Commission of India that in many cases the Governments concerned do not initiate promptly disciplinary action against the delinquent officials as recommended by the Commission as envisaged in the aforesaid agreement.

3. The instructions issued in terms of the DOPT’s CM. dated 07.11.2000 are, therefore, reiterated and it is emphasized that the terms of settlement have to be complied with while adhering to the provisions of the relevant disciplinary rules. The recommendations of the Election Commission made to the Competent Authority for taking disciplinary action for any act of insubordination or dereliction of duty while on duty shall be promptly acted upon by the disciplinary authority and action taken should be communicated to the Election Commission within a period of six months from the date of the Election Commission’s recommendations.

4. All Ministries/Departments are requested to bring the aforementioned Terms of Settlement and the contents of para 3 above to the notice of all concerned for information and compliance.
Yours faithfully,

(P. PRABHAKARAN)

Deputy Secretary to the Government of India

Sunday 28 April 2013

Recommendations of 6th Central Pay Commission – Applicability of revised Group ‘D’ pay scales to Casual Labourers with Temporary Status DOPT, DOPT Circular 2012 Add comments Jan 23 2012

No.49011/31/2008-Estt. (C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi.
Dated: 23rd January, 2012

OFFICE MEMORANDUM

SUBJECT: Recommendations of 6th Central Pay Commission – Applicability of revised Group ‘D’ pay scales to Casual Labourers with Temporary Status.

In supersession of this Department’s O.M. of even number dated 12.9.2008 on the above subject it has been decided that the wages of Casual Labourers, who were granted the temporary status in terms of the provisions of the Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 1993 issued by this Department and were in receipt of wages based on the pre revised S-I scale as on 1.1.2006, may be worked out and paid on the basis of the Pay Band I with Grade Pay of Rs.1800/- w.e.f. 1.1.2006 provided they are matriculate. In case of similarly placed non-matriculate temporary Status casual labourers, the above benefit of wages w.e.f. 1.1.2006 may be extended only after imparting the requisite training by the respective administrative Ministries/Departments on the lines indicated in the MOF O.M. No. 1/1/2008-IC dated 24.12.2008.

2. This issues with the concurrence of Ministry of Finance (Department of Expenditure).

The Hindi version of this O.M. will follow.

(P. Prahhakaran)
Director(Estt.)

Source: www.persmin.nic.in

Friday 26 April 2013

Maintenance and preparation of Annual Performance Appraisal Reports(APAR)-communication of all entries for fairness and transparency in public administration

No. 21011/1/2005-Estt.A(Pt.II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block. New Delhi
Dated the 19 May, 2011

OFFICE MEMORANDUM


Subject: Maintenance and preparation of Annual Performance Appraisal Reports-communication of all entries for fairness and transparency in public administration.

The undersigned is directed to draw attention of the Ministries/Departments to this Departments OM No21011/1/2005-Estt.(A)(Pt.II) dated 14.5.2009 by which the system of communicating the entries in the APAR from the reporting period 2008-09 onwards for representation if any was introduced. The Competent Authority to consider the representation shall decide the matter objectively based on the material placed before him within a period of 30 days from the date of the receipt of the representation.  The Competent Authority after due consideration may reject the representation or may accept or modify the APAR accordingly. in this Departments OM of even number dated 13.4.2010, it was further decided that if an employee is to be considered for promotion in a future DPC and his ACRs prior to the period 2008-09 which would be reckonable for assessment of his fitness in such future DPCs contain final grading which are below the benchmark for his next promotion, before such ACRs are placed before the DPC, the concerned employee wdl be given a copy of the relevant ACR for his representation, if any, within 15 days of such comrnunlcaton. It may be noted that only below benchmark ACR for the period relevant to promotion need be sent. This OM dated 13.4.2010 specifically provided that in case of upgradation of the final grading given in the APAR, specific reasons therefor may also be given in the order of the Competent Authority Since the provisions of the above OM dated 13.4.2010 are applicable only for future DPCs where the recommendations wifl be implemented prospectivety from the date of assuming charge of the higher appointment, the provisions will not be applicable to retired officers.

2. The UPSC has brought to the notice of this Department that in the DPCs being held under the aegis of the Commission, orders of the Competent Authority do not contain specific reasons for such upgradation in a number of cases. Such orders cannot be termed as disposed off in a quasi-judicial manner as laid down in the aforesaid OM dated 13.4 2010. Grading an officer below the bench mark by the DPC in such cases on the ground of upgradation being without giving sufficient reasons is prone to avoidable representations.

3. In order that the DPC proceedings are held on schedule and without any necessity to over look the decisions given by the Competent Authority while upgrading the grading in the APAR without specific reasons and justifications, all Ministries/Departments are requested to kindly bring to the notice of the Competent Authority while forwarding the representation against remarks in the APAR that the authority may decide on the representation in an objective marwer within 30 days of receipt of the representation and give specific reasons in case of upgradation of the final gradrg given In the APAR as per provisions contained in this Department’s aforesaid OM dated 13.4.2010.

(C.A. Subramanlan)
Director

WARNING LETTER TO INVESTOR FOR UPDATE THE POSB ACCOUNT



 

Click here to download

DA ORDER W.E.F.01/01/2013

Revised rate of DA order is reproduced as follow:-

No. 1(2)/2013-E-II (B)
Government of India
Ministry of Finance
Department of Expenditure  

                                                                                                             

North Block New Delhi

Dated 25th  April, 2013.

OFFICE MEMORANDUM

Subject: Payment of Dearness Allowance to Central Government employees – Revised Rates effective from 1.1.2013.

1.                   The undersigned is directed to refer to this Ministry’s Office Memorandum No. 1 (8)/2012-E-II(B) dated 28th September,2012 on the subject mentioned above and to say that the President is pleased to decide that the Dearness Allowance payable to Central Government employees shall be enhanced from the existing rate of 72% to 80% with effect from 1st January, 2013.

2                   The provisions contained in paras 3, 4 and 5 of this Ministry’s O.M. No. 1 (3)/2008-E-II(S) dated 29th August, 2008 shall continue to be applicable while regulating Dearness Allowance under these orders.

3                    The additional installment of Dearness Allowance payable under these orders shall be paid in cash to all Central Government employees.

4                     These orders shall also apply to the civilian employees paid from the Defense Services Estimates and the expenditure will be chargeable to the relevant head of the Defense Services Estimates. In regard to Armed Forces personnel and Railway employees separate orders will be issued by the Ministry of Defense and Ministry of Railways, respectively.

5                      In so far as the persons serving In the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the comptroller and Auditor General of India

(K R  Sharma)

Under Secretary to the Government of India

ORIGINAL ODER CLICK THIS LINK   DOWNLOAD/VIEW

Thursday 25 April 2013

Children Education Allowance Scheme (CEA)-Clarification

Sl. No.

Frequently asked Question

Answer

1.

Whether Reimbursement of Children Education Allowance (CEA)for 3rd child is permissible if CEA has not been claimed for 1st and or 2nd child? As per OM dated 2.9.2008 CEA is admissible for two school going children does it mean any two school going children?

No. Reimbursement of CEA is not permissible for third child even if reimbursement has not been claimed in respect of first and/or second child. However, as per OM No.12011/03/2008- Estt.(AL) dated 11.11.2008, the Children Education Allowance would be admissible for more than two children where as a result of the second child birth results in birth of twins or multiple children. Further, reimbursement of CEA for the 3′ child is also admissible in case of failure of sterilization operation. Such reimbursement is admissible only for the first child birth after failure of sterilization operation. This point was further clarified vide O.M. No.12011/16/2009-Allowance) dated 13.11.2009.

2.

What types of fee are reimbursable? Whether Annual Charges and Transportation fees are reimbursable? Whether reimbursement towards purchase of school bag, water bottle, uniform, shoes and stationery is admissible?

As per OM No.12011/03/2008-Estt.(AL) dated 2.9.2008, tuition fee, admission fee, laboratory fee, special fee charged for agriculture, electronics, music or any other subject, fee charged for practical work under the programme of work experience, fee paid for the use of any aid or appliances by the child, library fee, games/sports fee and fee for extra-curricular activities are reimbursable subject to the condition that the aforementioned fee are charged by the school directly from the student. No reimbursement is permissible for Annual Charges and Transportation fees. Besides, reimbursement for purchase of one set of text books and notebooks, two sets of uniforms prescribed by the school in which the child is studying, one pair of shoes, in an academic year are reimbursable. Uniform include all items of clothing prescribed for a day, as uniform by the school, irrespective of colours/winter/summer/PT uniforms. Reimbursement of school bags, pens/pencils, water bottle, stationery etc., may not be allowed. O.M. No.12011/08/2010-Estt.(AL) dated 30.12.2010and O.M. No.12011/07(i)/2011- Estt.(AL) dated 21.02.2012 refers.

3.

Whether CEA has been increased by 25% as a result of enhancement of Dearness allowance beyond 50%?

The Department’s OM No.12011/03/2008-Estt.(AL) dated 2.9.2008 clearly indicates that the limits “would be automatically raised by 25% every time the Dearness Allowance on the revised pay structure goes up by 50%. There is no need for any separate order from this Department to effect enhancement of CEA as a result of increase in DA by 50%. However, O.M. No.12011/01/2011-Estt.(Allowance) dated 4th May, 2011, has been issued to clarify this further.

4.

Whether CEA can be claimed for the child for the same class twice?

The reimbursement of CEA is not linked to the performance of the child in his class. Even if a child fails in a particular class, the reimbursement is permissible. However, if the child is admitted in the same class in another school, although the child has passed out of the same class in previous school or in the mid-session, CEA shall not be reimbursable.

5.

Whether CEA/Hostel Subsidy is allowed for initial two years of Diploma Courses?

Children Education Allowance/Hostel Subsidy is allowed for the initial two years of a diploma/ certificate course from Polytechnic / lTl / Engineering College, if the child pursues the course after passing 10th standard and the Government servant has not been granted CEA/Hostel Subsidy in respect of the child for studies in ¡n 11th and 12th standards. This is further subject to fulfillment of other conditions laid down in the OM. No.12011/03/2008-Estt.(AL) dated 2.9.2008 and subsequent instructions issued from time to time.

6.

What is hostel subsidy?

The term Hostel Subsidy would mean expenses incurred by the Government servant if he/she keeps his/her children in a hostel of a residential school/institution located beyond a distance of 50 kilometers from his/her residence.

7.

Whether Hostel subsidy is reimbursable irrespective of transfer liability?

Hostel Subsidy is reimbursable to all Central Government Employees covered by the scheme, for keeping their ward in the Hostel of a residential school away from the station in which the employee is posted or residing irrespective of any transfer liability.

8.

Whether Hostel subsidy can be reimbursed if the child is staying in a Hostel which is not part of residential school where he is studying?

No, Hostel subsidy is reimbursable only in case of child studying in a residential school and staying in hostel of the said residential school.

9.

What are the components of hostel subsidy?

Hostel subsidy includes fee charged for boarding, lodging in addition to fee as mentioned in para 1(e) of OM No. 12011/03/ 2008-Estt.(AL) dated 2.9.2008.

10.

Whether a Government servant is allowed to get 50% of the total amount subject to the overall annual ceiling in the first quarter and the remaining amount in third and/or fourth quarter?

Reimbursement of 50% of the entitled amount for the academic year can be allowed in the first and/or second quarter and the remaining amount can be reimbursed in the third and/or fourth quarter. The entire entitled amount can also be reimbursed in the last quarter. However, frontloading of the entire admissible amount is not permissible. O.M. No.12011/07(i)/2011- Estt.(AL) dated 21.02.2012 refers.

11.

Whether any age limit been prescribed reimbursement of CEA respect of children studying nursery classes?

There is no minimum age prescribed for reimbursement of CEA in respect of children admitted in nursery classes.

However, with regard to physically challenged children the minimum age of 5 (five) years was prescribed for disabled children undergoing non- formal/vocational education. With effect from 21st February, 2012, the minimum age stipulated as 5 years for disabled children stand removed.

Hence, there is no minimum age of child for whom reimbursement is claimed irrespective of the fact whether the child is disabled or not.

The maximum age for normal child is 20 years and for physically challenged children the maximum age is 22 years. O.M. No.12011/07(ii)/2011-Estt.(AL) dated 21.02.2012 refers.

12.

Whether the school/institution should be recognized?

The school institution has to be recognized by the Central or State Government or UT administration or by University or a recognized educational authority having jurisdiction over the area where the institution is situated. This also applies in respect of children studying in two classes prior to Class-I. i.e.. nursery /LKG / UKG, etc., OM No.12011/03/2008-Estt.(AL) dated 23.11.2009.

13.

Whether CEA is payable for the children of Central Government employees and studying abroad, including children of citizens of Nepal/Bhutan but working in Government of India, and their children are studying in the schools in their native place?

The CEA is payable for the children of all Central Government employees including citizens of Nepal and Bhutan, who are employees of Government of India, and whose children are studying in the native place. However, a certificate may be obtained from the concerned Indian Mission that the school is recognized by the educational authority having jurisdiction over the area where the institution is situated.

14.

What constitutes “Fee” as per para 1(e) of the 0.M. dated 2/9/2008 and whether fee paid for extra-curricular activities to some other institute and reimbursement of school bags, pens/pencils, etc., can be allowed? Is there any item- wise ceiling?

“Fee” shall mean fee paid to the school in which the child is studying, directly by the parents/guardian for the items mentioned in para 1(e) of the OM. dated 2/9/2008. Reimbursement of school bags, pens/pencils, etc., may not be allowed. There is no item-wise ceiling. O.M. No.12011/07(i)/2011-Estt.(AL) dated 21.02.2012 refers.

15.

Whether reimbursement can be allowed in case the original receipts are misplaced and duplicate receipts are produced by the Government servant? Are the original receipts required to be attested/ countersigned / rubber stamped by the school authorities?

In case of misplacement of receipts given by the school/institution towards charges received from the parents/guardian, reimbursement may be allowed if the Government servant produces a duplicate receipt, duly authenticated by the school authorities. Receipts from private parties, other than the school, if misplaced shall not be entertained, even if a duplicate receipt is produced. Original receipts from school authorities need not be attested/ countersigned/rubber stamped by the school authorities. O.M. No.12011/07(i)/2011-Estt.(AL) dated 21.02.2012 refers.

16.

Whether Development Fee / Parents Contribution charged by the school/institution is reimbursable?

Reimbursement of Development Fee/Parents’ Contribution is allowed w.e.f. 2l’ February, 2012, vide O.M. No.1201 L/07(ii)1201 l-Estt.(AL) dated 21.02.2012, on pro-rata basis, subject to the condition that the Government servant will have to certify that the school does not charge tuition fee. However, in respect of children studying in Kendriya Vidyalaya., the Vidyalaya Vikas Nidhi is reimbursable as it forms part of para 1(e) of O.M. No.12011 /3/2008-Estt.(Allowance) dated 2.9.2008. O.M. No.12011/16/2009- Estt(Allowances) dated 13.11.2009 refers.

17.

Whether reimbursement of fee charged directly by the school for catering to the special needs of the child with disabilities duly certified by the concerned school authorities, in addition to items mentioned in para 1(e) of O.M. dated 2.9.2008. is permissible?

Reimbursement of fee charged directly by the school for catering to the special needs of the child with disabilities duly certified by the concerned school authorities, in addition to items mentioned in para 1(e) of O.M. dated 2.9.2008, is allowed w.e.f. 211t February, 2012.

Sources-No.21011/08/2013-Estt.(AL) Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training Establishment (Allowances) Section

Wednesday 24 April 2013

IPC SECTION 420

Cheating and dishonestly inducing deli every of property. – Whoever cheats and thereby dishonesty induces the person deceived to deliver any property to any person , or to make, alter or destroy the whole or any part o a valuable security , or anything which is signed or sealed, and which is capable of being converted into a valuable security , shall be punished with imprisonment for either description for a tem which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment-Imprisonment for 7 years and fine-Cognizable –Non-bailable-Triable by Magistrate of the first class –Compoundable by the person cheated with the permission of the court of Fraudulent Deeds and Disposition of Property

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Tuesday 23 April 2013

ETF-GOLD INVESTMENT IS BETTER THAN PHISICAL GOLD HOLDING

                     Compulsive shoppers are queuing up outside jewellery shops in large numbers to make the most of the recent fall in gold prices. A shopper who managed to get inside a shop in Mumbai says the store resembled an overcrowded long-distance local train during peak hours. Another shopper complained that the jeweller had taken most of the interesting pieces off the shelves, claiming that everything is sold off to ward off the crowd. Probably, he wants to wait for the prices to rise again, she says ruefully.
There are also stories doing the rounds that jewellers are refusing to buy back gold at the current price, instead insisting on a discounted price. In short, gold is making headlines, but, sadly this time, not for glorious reasons.
                   Just as gold is set to breach the . 25,000-mark after a splendid run that lasted more than a decade, unlike the jubilant shoppers, investors in the yellow metal are a worried lot.For those who were sitting on profits, the tumbling was a rude awakening that the precious metal won’t glitter forever. They also know that it is a “little too late” to sell and get out.
                  As for those who were waiting in the wings for a price correction before investing in gold, they are a bit unnerved by the flood of obituaries for the yellow metal as a safe haven. Naturally, they want to be sure about the prospects of gold before investing in it. The only happy souls, it seems, at the moment are jewellery shoppers.
                ON A FREE FALL The writing was on the wall for some time. The sceptics had been predicting the end of the bull run
in gold, which has been almost uninterrupted for the past few years. However, most conservative investors were dismissive. They had solid reasons: as long as there is chaos all around, gold will continue to glitter, they argued. Look around: the US is hardly out of the woods; Europe crisis shows no signs of abating; and Indian story is almost written off. While these arguments had merit, the metal has lost its sheen.
                      From a record high of . 32,500 per
10 gm in November 2012, the yellow metal has tumbled to . 25,680 on Wednesday. However, after the recent fall there are many voices singing in chorus about the demise of gold. “The confidence in gold has been severely dented given the magnitude and the forcefulness of the recent fall. Fears of a Cyprus gold sale, liquidations in ETFs and unwinding of long positions by institutions in the international markets have contributed to the downfall,” says Kishore Narne, head, commodities, Motilal Oswal Securities. “The prospects of any meaningful recovery in gold remain weak and given the lack of any major triggers in the near term, gold prices are unlikely to reverse the downtrend anytime soon. Short-term pullbacks are entirely possible given the speed at which prices have declined, but we anticipate another 12-15% fall from here on domestic markets before the end of FY14,” he adds.
 

          BUY, HOLD OR SELL?
                      Are you about to hit the panic (or sell) button because of the collective pessimism all around you? Well, you should try to sooth the nerves and hold on to your investments for a while, say experts. “Selling gold at these levels is not advisable at all. Hold on to your current gold investments. Remember, gold is akin to currency. In the long-term, it will move up,” says Devendra Nevgi, founder and partner, Delta Global Partners.
Even if you don’t share the optimism, you have no choice but to hold on to your investments — especially if you bought gold when the prices were hovering over . 30,000. “Retail investors wrongly thought that gold would help them get extraordinary returns. They should consider gold simply as part of the overall portfolio. They should not dump their investments in gold now,” adds Suresh Sadagopan, certified financial planner, Ladder7 Financial Advisories.
As for those waiting in the wings, many experts believe that they should consider investing in gold in a piecemeal manner now. “Retail investors should look at meeting
30-50% of their intended investment target for the year right away,” says Nevgi. The remaining investment should be staggered over a period of a year, he adds.
However, not everyone is recommending increased purchase of gold now. “Currently, we are not recommending additions to a client’s portfolio despite weaker prices. At the moment we have a contrarian view and recommend trimming at price gains. As inflation concerns subside, gold as a ‘hedge’ is likely to subside,” says Vishal Kapoor, general manager, wealth management, South Asia, Standard Chartered Bank.
This apart, you should get in now only if you can stomach a lot of volatility in the short-term. “I think gold prices are very close to the bottom now. Investors should not try to time the market and instead invest systematically through gold ETFs or demat gold on the exchanges like NSEL. This will help them average out the cost of acquisition. They should also avoid leveraged buying. The volatility in gold prices is very high and even a movement of $40-50 could adversely affect your portfolio’s value,” says Priti Gupta, director, commodities and currencies, Anand Rathi Financial Services.
                You could consider monthly investments to even out fluctuations. Also, stick to your allocation. “They should keep their total exposure to gold in the 5-7% range and not try to time the market,” .                 Remember the basics: gold ETFs are always better than physical gold for investment purpose. Apart from better liquidity, it also eliminates the making charges and cost and risk of safe keeping. The pricing structure is also transparent. Other investment choices are gold coins and bars.

Friday 12 April 2013

PSU BANK ARE STRUGGLING


PSU Banks Fret as MF Debt Assets Outpace Fixed Deposits

MFs garner . 1.9 lakh cr between Apr ’12 & Feb ’13 even as banks struggle to maintain CASA ratios


    While banks are finding it tough to attract customers for deposits, the mutual fund industry has collected about . 1.90 lakh crore between April 2012 and February 2013 from corporates and HNIs (high net worth individuals) , taking the total asset size of the debt segment to nearly . 5 lakh crore, according to Morningstar, a USbased global fund tracker.
Worried by this development, some bankers of state-run banks have met finance ministry and Reserve Bank of India officials, expressing their concerns over the growing debt asset size of mutual funds, said a person close to the industry who didn’t want to be identified.
“Mutual funds are a competing source which has been one of the reasons for slower deposit growth last year,” said BK Batra, executive director, IDBI Bank. “But it is something here to stay and one has to deal with it,” he added.
Banks are facing stiff challenge to maintain their CASA (current and savings account) ratio, as mutual
funds are delivering higher returns on debt products. Bank deposits grew at a sluggish 13.1% year-onyear basis till March against 14.4% a year-ago.
“I think mutual funds don’t pose a danger to banks’ deposit mobilisation so far because their total asset size is not huge,” said Sanjay Arya, executive director, United Bank of India. “We are also expanding in rural and unbanked areas, where their reach is limited. So, as rural incomes grow, banks will benefit from that. The last reason is there’s certainty of returns with bank deposits, which is not the case with mutual funds,” he added.
Corporates and HNIs are availing of mutual fund debt schemes in an elaborate way to park their short-term surplus money on hopes of a rally in debt market as interest rates are seen headed southwards.
“Most corporates and HNIs are investing in shorter-duration debt schemes on expectations of a rally in debt market as interest rates are expected to ease going, forward,” said S Naren, chief investment officer, ICICI Prudential. “The Reserve Bank of India has cut interest rates by 50 ba
sis points in the last three months; we expect more rate cuts in future.”
The liquid, or short-term funds, are very popular with corporates and HNIs, as average returns are 50-basis points higher than bank fixed deposits, besides there’s greater flexibility in entering and exiting mutual fund schemes than FDs .
“Corporates and HNIs are finding the current investment environment more suitable for FMPs (fixed maturity plans) than FDs due to income tax and indexation benefits,” said Dhruva Chatterji, senior re
search analyst at Morningstar. “Last year, we have seen significant flows to debt mutual fund products, and over the past couple of months, FMPs offered from mutual funds have seen good subscription.”
“Corporates and HNIs are investing in income and money market schemes since there’s a tax arbitrarge over fixed deposits. The banks deduct TDS when money is withdrawn, whereas in mutual funds, investors are relieved of tax hassle,” said Jimmy Patel, CEO, Quantum Asset Management.

Thursday 4 April 2013

Memorandum submitted to Secretary, Department of Posts, by Postal Joint Council of Action (PJCA) on 01.04.2013

                    The meeting of the Postal Joint Council of Action (PJCA) comprising Secretary General and General Secretaries of the National Federation of Postal Employees (NFPE) and Federation of National Postal Organisations (FNPO) has reviewed the situation prevailing in the Department of Posts, regarding settlement of the following long pending demands of the staff side. The meeting viewed with grave concern the inordinate delay in implementing the assurances given to the staff side both during the discussion on strike charter of demands and also in the JCM Departmental Council meetings, causing large scale resentment among the Postal and RMS employees including Gramin Dak Sevaks and casual, Part time and contingent employees.
                     As the new Secretary, Department of Posts, has taken over charge only recently, the JCA decided to bring all the important/pending cases once again to the notice of the Secretary, Posts for early settlement, before resorting to agitational programmes. Accordingly we submit the following long pending cases for your immediate intervention and early favorable action.
1.      Issues relating to Gramin Dak Sevaks
The Following specific assurances given by Secretary, Department of Posts, are yet to be implemented.
(a)   Enhancement of Bonus ceiling – In the matter of enhancement of Bonus ceiling to 3500/- of Gramin Dak Sevaks, it was assured that another attempt will be made to get the approval of the Finance Ministry. It was informed that the file has already been submitted to Finance Ministry with the favourable recommendations of the Postal Board and Minster, Communications.
(b)   Revision of Cash handling norms
On the issue of withdrawal of upward change in cash handling norms etc, it was assured that the entire issue will be re-examined. A DDG level committee was also constituted. Minster of States for Communications has also assured the staff side that needful will be done in this case.
(c)    Ensuring no reduction of TRCA under any circumstances
It was assured by Minster of State for Communications that orders for full protection of TRCA will be issued. But, in the orders issued by the Directorate, protection is given for one year only and thereafter if workload is not increased TRCA will be reduced without any protection. As per the earlier orders protection was given up to the maximum of the lower TRCA even if workload is reduced. As per the new order after one year there will be no protection at all. When workload is reduced due to circumstances beyond the Control of the GDS, reducing the TRCA is quite unjustified and inhuman.
(d)   Removal of minimum 50 points conditions for GDS compassionate appointment:
(e)   Redeployment of mailman posts in new areas
(f)     Review of cash conveyance allowance – Monthly ceiling of Rs. 50/- to be removed.
(g)   Introduction of Health Scheme.
(h)   Norms for RPLI
(i)     Providing norms for cash remittance from BO to AO & Vice Versa
In the minutes dated 12.07.2010 it was informed that the issues of the Health Scheme has been taken up with the nodal Ministries still it is pending.
2.      Immediate finalization of Cadre Restructuring:
After the marathon discussion on the problems put forth in the strike charter on 10.01.2012 & 12.01.2012, Secretary, Department of Posts, has assured both orally and also in the minutes, inter alia;
“As recorded in the minutes of the meeting held on 27.12.2011, the proposal is under consideration of a committee under the Chairpersonship of DDG (P). The Staff side expressed their concern about the undue delay in fianalisation of the proposal on which the Secretary Posts, desired finalization of this process by 31st March 2012. It was assured that the timelines would be adhered to”. As regards restructuring of Postal Accounts officials, it was informed that the proposal was cleared by the JS&FA and stands referred to the Secretary (Posts). It was also decided to have a separate Committee under the Chairpersonship of Ms. Sandhya Rani, PMG (BD) Andhra Pradesh Circle to consider Cadre Restructuring of MMS staff. The Committee will submit its report within three months from the date of formation.”
Again in the Minutes of the discussion held with the staff side on 21.052012, it is further assured as follows:
“It was decided to formulate a proposal by 30th June 2012 for further examination in consultation with the nodal Ministries. Regarding cadre restricting of Postal Accounts it was assured that the matter will be pursued further with Postal Accounts wing and Establishment division and the PJCA will be kept appraised of the progress in the regard.”
Again during the JCM, Departmental Council standing Committee meeting held on 18.12.2012 and JCM (DC) Meeting held on 28.12.2012 it was assured as follows:
“It was informed that the report of the committee is under consideration. Proposal will be formulated by the Department. However, one round of talks with JCM members will be held before the proposal is firmed up.”
At one stage, the staff side has made it clear that if the department goes on dragging the cadre restructuring issue indefinitely, the staff side will be forced to non-cooperate with the IT Modernisation project.
It was repeatedly assured that the cadre restructuring will not be linked with the IT Modernisation Project. But still the proposals are not finalized. No meeting of the Cadre Restructuring Committee by the Postal Board was held during the last one year. The undue and unwarranted delay is causing concern and also strong resentment among the employees.
3.      Revision of wages of casual labourers and their absorption
In the minutes of the discussion held with the staff side on 10.01.2012 & 123.01.2012, the Secretary (Posts) has assured as follows:
“The Staff side was appraised that a Committee had been constituted under the Chairpersonship of CPMG Assam Circle to look into the issues pertaining to Casual Labourers and it is likely to submit its report shortly. The Staff side expressed its concern over the delay in the decision. Regarding the union’s request for revised minimum wages w.e.f 01.01.2006, the matter will be examined on priority.”
Again in the minutes of the discussion held on 21.05.2012, it was further assured that____
“A Comprehensive proposal on the matter of Casual labourers will be formulated by 30th June 2012.”
In spite of these repeated assurances the payment of pro-rate wages to the law-paid casual labourers w.e.f 01.01.2006 has not taken place causing inordinate delay in payment of minimum wages to those poor employees.
4.      Issuing orders on the items finalized by the Postmen Committee and also follow up action on certain items to be referred to work study Unit.
(a)   Follow up action on certain in items of the Postmen Committee constituted by the Postal Board, is yet to be completed, i.e; maximum beat length, unscientific resorting to single Postmen beats, Double duty, correction in the definition of the Congested area etc.
(b)   In spite of Clear orders issued by the Directorate for filling up of Postmen & MTS Vacancies for the year 2009, 2010, 2011 & 2012, in certain circles (Eg. Andhra Pradesh) the examination for promotion to Postmen and MTS is not yet completed.
5.      Abnormal delay in notifying HSG-I Rectt. Rules
The finalization of revised HSG-I Recruitment Rules is being delayed on one pretext or the other. This is pending over five years. 100% of HSG I posts are lying vacant and are being managed by officiating arrangements without any financial benefits. Due to the delay in finalizing HSG I Recruitment Rules, Carving out of Postmaster Grade III is also delayed. It is most unfortunate that orders have been issued by the Directorate not to fill up the HSG I vacancies as per the old Recruitment rules. At least this would have been caused to fill up the vacancies.
It has defeated the very purpose of matching savings offered to the extent of 680 PA posts for availing HSG I Promotion and it is highly deplorable. Necessary action may please be taken to finalise the HSG-I Recruitment Rules or at least to fill all the vacant posts forthwith besides carving out of Postmaster Grade III Posts as per the existing HSG I Recruitment Rules.
6.         Abnormal delay in filling up of vacant LSG, HSG II and HSG-I vacancies due to non-holding of DPCs in many circles
In many circles, the regular DPC to LSG has not been convened. Many LSG Posts are being kept vacant resultantly causing a heavy shortage in PA cadre due to their officiating. Further the delay caused non filling up of HSG-II Post due to inadequacies in the eligible candidates in LSG cadre. In many circles, HSG-II DPC has also not been convened and many of the HSG-II Posts could not be filled up on a regular basis due to the officiating of the incumbents in the vacant HSG I Posts.
In nutshell all the higher posts are being managed only with the officiating or adhoc arrangements causing non filling up of basic PA posts and denying and depriving the due promotional chances to the eligible candidates .
It is therefore requested to cause appropriate orders to convene DPC and fill up all the vacant LSG & HSG II posts immediately by prescribing time schedule
7.      Problems of Postmaster Cadre Officials
(i)      Allowing Postmaster Cadre officials to appear for IP and PSS Group B examination.
(ii)     Orders permitting the Postmaster Cadre official to officiate in HSG-I vacancies and earmarked Postmaster Grade III Posts.
(iii)    Allow PO & RMS Accounts cadre official to opt for Postmasters cadre
(iv)    Filling up the Postmaster Grade-III posts by granting promotion to Grade-II officials and also by option from HSG-I officials after filling up all HSG-I posts
(v)     Filing up of all vacant Grade II and Grade III posts promoting the Postmaster cadre official relaxing the minimum service condition.
(vi)    Filling up 100% Senior Postmaster/Chief Postmaster posts which are earmarked for Postmaster cadre by Postmaster Cadre officials alone declaring it as a hierarchical promotion cadre of Postmaster Cadre.
(vii)   Delay in holding LSG, HSG II and HSG – I DPCs and thereby denying the chance for giving option to Postmaster Grade – I, II & III to eligible officials.
(viii) Maintenance of up to date separate gradation list for PM Cadre officials.
In the minutes of the discussion held on 21.05.2012 the Secretary (Posts) has assured as follows:
“The issue was discussed at length and it was decided to review it after sometime keeping in view the merits and demerits of the proposal as well as the response of the officials for Postmasters Cadre.”
The minutes did not reflect the real spirit of discussion as it was assured to consider favourably the above items after long discussion. However, it is high time to review the above cases and settle favourably. The entire Postmaster Cadre officials are totally frustrated and disappointed due to the negative attitude of the administration towards them.
8.      Problems of System Administrators
In the minutes of the Departmental Council JCM Standing Committee dated 02.02.2012 (communicated in letter dated 06.06.2012) for the 15 items pertaining to system Administrators including creation of separate cadre, it is furnished as follows:
“The issue is under the consideration of the cadre Restructuring Committee constituted under the chairmanship of DDG (P) vide Department’s office memo no. 01/04/2010-Sr dated 05.05.2011”
Finalization of the proposal by the Cadre Restructuring Committee is being delayed indefinitely. Recently, during the demonstration of IT Modernisation Project, the Staff side has repeatedly requested the Member (Technology) to create a separate cadre and absorb all the existing SAs as a onetime measure in the new cadre. Unfortunately no commitment was given regarding the creation of new cadre, except the assurance that the services of the existing system Administrators will be utilized in future also. It is high time to end the present uncertainty by creating a separate cadre for System Administrators.
9.      Implementation of speed Post hubs and L1, L2 System
The High Power Committee appointed to discuss the issues under the Chairpersonship of then Secretary, Department of Posts assured the following before implementation of MNOP proposals.
(i) There will be no shifting of staff from L1 office to L2 office vice versa for three years.
(ii) Irregular or wrong identification of L1 office will be changed after discussion with the staff side.
But to our dismay both the promises were not kept. There is a complete violation and deviation of assurances. Further, eventhough directorate has issued instruction to the Chief PMGs regarding change of administrative jurisdiction of speed post hubs, certain Chief PMGs have not yet implemented it and still some of the speed post hubs are continuing under the administrative jurisdiction of postal superintendent.
Further, CRC & Speed post norms have been finalized without any consultation with staff side. The impracticable norms have been imposed upon violating the earlier decision and agreements on the subject.
10.  MACP Related issues
The implementation of the Jodhpur CAT Judgment; i.e. non-counting of promotions acquired from one cadre to other through examination for MACP, Granting of MACP counting the total service rendered in each cadre etc  has not been implemented resulting deprival of dues to the senior most promotees in the Department of Posts. This may kindly be considered.
11.  Problems of APM Accounts/Accountants
The following demands in respect of PO & RMS Accountants have not been considered yet causing resentment and displeasure amidst the qualified hands.
(i)      Proportionate distribution of APM Accounts posts among LSG, HSG II and HSG-I
(ii)     Counting special allowance for pay fixation benefits to PO & RMS Accountants on promotion. Implementation of Karnataka High court order not only for a specific period but also till the withdrawal of the TBOP/BCR schemes in true spirit. The special allowance should be taken for pay fixation up to 31.08.2008 for TBOP/BCR officials.
(iii)    Date of passing Accountants exam may be taken as the criteria for counting seniority for promotion, since no amendment has so far been issued to the statutory rules. Further the earlier passing of examination will have no relevance in future.
12.  Filling up of all vacant posts
Even though Government of India has lifted ban on filling up of posts from 2009 onwards, and the Directorate has given repeated instructions to fill up all direct recruitment as well as promotional quota of vacancies up to 2012, in many circles posts are remaining unfilled. Similarly in Postal Accounts much delay in taking place in filling up of posts due to delay in finalization of the Recruitment process by staff selection commission. Action may be taken to fill up all vacant posts from 2009 onwards on top priority basis as the staff are reeling under the pressure of workload which in turn affects the efficiency of the services rendered by the Department of posts.
In conclusion, we hope that all the above issues will be given top most priority and the Hon’ble Secretary, Department of Posts, shall come forward for a negotiated settlement with the staff side in a time bound manner.
13.  Non settlement of agreed items placed in the Departmental Council (JCM)
Most of the issues agreed in the last Departmental Council meeting held on 28.12.2012 have not been processed further. Many of them remain as it is. There is no serious action taken in mitigating the issues put forth in the departmental council meeting.
Awaiting early action
Yours faithfully,
                                                                                               
SD/-                                                                                                                 SD/-
(D. Theagarajan)                                                                                             (M. Krishnan)
Secretary General, FNPO                                                                              Secretary General, NFPE