Friday, October 9, 2015

DEPARTMENT CAN NOT MAKE RECOVERY AFTER RETIREMENT - JABALPUR CAT ORDER "Hon’ble Supreme Court in that order, no recovery of excess payment can be made from retired employees or employee who are due to retire within one year of the order of recovery. Since recovery of excess salary has been done after retirement of applicant, such recovery is not in accordance with law."

"Hon’ble Supreme Court in that order, no recovery of excess payment can be made from retired employees or employee who are due to retire within one year of the order of recovery. Since recovery of excess salary has been done after retirement of applicant, such recovery is not in accordance with law."


Original Application No. 694 of 2013

Jabalpur, this Tuesday, the 19th day of May, 2015


K. L. Phoolmali, S/o late Umarao Phoolmali,

DOB 07.1.1952, R/o JM-70, KIshore Nagar,

Meera Kishan Kunj, District Khandwa – 450001 (MP) - Applicant

(By Advocate - Shri Vijay Tripathi)

V e r s u s

1. Union of India through its Secretary
Ministry of Communication & IT, Department of Posts,
Dak Bhawan, Sansad Marg, New Delhi – 110001.

2. Chief Postmaster Master General, Madhya Pradesh Circle,
Hoshangabad Road, Bhopal – 462012 (MP)

4. Senior Superintendent of Post Offices,
Khandwa Division, Khandwa (MP) 450001 - Respondents

(By Advocate – Shri Amjad Ahmed, Proxy counsel of Shri A. T. Faridee)
(Date of reserving order : 14.05.2015)


The applicant has preferred this Original Application for the following reliefs:

“8(i) Summon the entire relevant record from the possession of respondents for its kind perusal;

8(ii) Upon holding that reducing the basic pay of the applicant as Rs.19960/- is bad in law, command the respondents to calculate all retiral dues and pension of the applicant on the basis of the last basic of Rs. 20,410/-

8(iii) Direct the respondents to revise the pension, DCRG, leave encashment, commuted value of pension and pay arrears of the aforesaid amount with 18% interest p.a.;

8(iv) Direct the respondent to repay the amount of DCRG of Rs.43,790/- to the applicant with 18% interest;

8(v) Any other order/orders, direction/directions may also be passed.

8(vi) Award cost of the litigation to the applicant.

8(vii) Set aside the order dated 30.10.2012 (Annexure A/1), order dated 6.8.2012 (Annexure A/2) and order dated 4.4.2012 (Annexure R/7) with all consequential benefits.”

2. The learned counsel for applicant submitted that at the time of retirement, applicant was holding the post of Deputy Post Master, Khandwa Head Office in the Pay Band of Rs.9300-34800/- + Grade Pay of Rs.4600/- and his basic pay was Rs.20,410/-. However, while paying him retiral dues, the basic pay has been reduced from 20,410/- to 19,960/-. Further, Rs.43,790/- has been deducted from his DCRG, without assigning any reason. The applicant was inducted in the cadre of HSG (II) in the pay scale of Rs.5000-8000 and posted as Deputy Post Master at Itarsi Head Office. Thereafter, vide the order dated 12.1.2005, the applicant was sent on deputation to work as Sub Post Master, Harda in the cadre of HSG (I) and he was given the pay scale of Rs.6500-10500/-. Appointment of applicant in the cadre of HSG (I) was approved by the Departmental Promotion Committee (DPC) and orders were issued on 18.8.2005 (Annexure A-3). Thus, there is no justification for reduction of pay of the applicant for retiral benefits and deduction of Rs.43,790/- from DCRG.

3. The respondents, in their reply, have submitted that the applicant was promoted to HSG (I) grade vide the order dated 18.8.2005, Before that, vide the order dated 12.1.2005, he was posted on HSG (I) grade post of Sub Post Master, Harda Head Post Office by Senior Superintendent of Post Offices, Hoshangabad. Since the applicant was working at that time with the office of Sr. Superintendent Post Offices, Hoshangabad, there was no ground for posting him on deputation basis in one of its offices. Thus, applicant was not entitled to the pay of HSG (I) grade on this posting at Harda as he was still in HSG (II) grade. In any case, applicant was promoted to HSG (II) grade on 29.10.2004 and had qualifying service of only two months as on 1.1.2005 in that grade, he could not have been promoted to HSG (I) grade so early as the qualifying service of three years was required for such promotion. Therefore, when his pension case was prepared, there was objection in regard to his pay fixation on 17.1.2005 in HSG (I) grade when he joined at Harda in compliance of order dated 12.1.2005 of SSPO Hoshangabad. Therefore, applicant’s pay was accordingly refixed and he was grated HSG(I) grade w.e.f. 23.08.2005 when he was actually promoted to that grade. Thus, due to correction of his pay fixation w.e.f 17.1.2005, his basic pay at the time of retirement was changed and applicant has been paid retiral benefits accordingly. Further, excess salary paid to him during this period has been recovered from the DCRG. Thus, the OA, being without any merit, deserves to be dismissed.

4. Heard the learned counsel for the parties and perused the pleadings of the respective parties and documents annexed therewith. I have also gone throught the writtern arguments filled by learned counsel for the respondents.

5. It is undisputed that the applicant was promoted to HSG (I) grade vide the order dated 18.8.2005 (Annexure A-3). Before that, he claims to be posted on deputation basis on a post of HSG (I) grade. However, the order dated 12.1.2005 (Annexure R-1) by which he was posted as Sub Post Master, Harda was issued by Sr. Superintendent of Post Offices, Hoshangabad and since the applicant was already working in his jurisdiction, this posting could not be considered as on deputation. In-fact, this is simply a posting order on vacant post of Sub Post Master, Harda on which the applicant was posted on his own cost for which he may have requested at that time. Thus, applicant was not entitled to get the pay scale of HSG (I) grade w.e.f. 17.1.2005 on the basis of order dated 12.01.2005 (Annexure R-1). Therefore, respondents are not at fault in re-fixing his pay, by treating him promoted to HSG (I) grade w.e.f. 23.08.2005. In view of this correction, basic pay of applicant has been revised and applicant has been paid all the retiral benefits based on this pay. Thus, the respondents cannot be faulted in granting retiral benefits to the applicant based on his revised basic pay of Rs.19,960/- in place of Rs.20,410/-, and no interference with the orders of respondents in this matter, is justified, Therefore, the prayer of the applicant in this regard is rejected.

6. So far as deduction of Rs.43,790/- from the DCRG of the applicant is concerned, this amount has been deducted without issuance of any show-cause notice to the applicant. Relying on the judgment of Hon’ble Supreme Court in the matters of State of Punjab and others etc v. Rafiq Masih (White Washer) etc., Civil Appeal No. 11527 of 2014, learned counsel for the applicant submitted that in view of the law laid down by the Hon’ble Supreme Court in that order, no recovery of excess payment can be made from retired employees or employee who are due to retire within one year of the order of recovery. Since recovery of excess salary has been done after retirement of applicant, such recovery is not in accordance with law. Therefore, the respondents are directed to refund Rs.43,790/- deducted from DCRG of the applicant, within a period of 60 days from the date of communication of this order. However, no interest shall be payable on that amount.

7. Thus, the O.A is partly allowed. No order on costs.

(G. P. Singhal)
Administrative Member


Format for giving information to the applicants under RTI Act- issue of guidelines regarding: DoPT Order

Format for giving information to the applicants under RTI Act- issue of guidelines regarding: DoPT Order

No. 10/1/2013-IR
Government of India
Ministry of Personnel, PG & Pension
Department of Personnel & Training
North Block, New Delhi
Dated 6th October, 2015
Office Memorandum
Subject: Format for giving information to the applicants under RTI Act- issue of guidelines regarding.

It has been observed that different public authorities provide information to RTI applicants in different formats. Though there cannot be a standard format for providing information, the reply should however essentially contain the following information: 

(i) RTI application number, date and date of its receipt in the public authority.

(ii) The name, designation, official telephone number and email ID of the CPIO.

(iii) In case the information requested for is denied, detailed reasons for denial quoting the relevant sections of the RTI Act should be clearly mentioned.

(iv) In case the information pertains to other public authority and the application is transferred under section 6(3) of the RTI Act, details of the public authority to whom the application is transferred should be given. 

(v) In the concluding para of the reply, it should be clearly mentioned that the First Appeal, if any, against the reply of the CPIO may be made to the First Appellate Authority within 30 days of receipt of reply of CPIO.

(vi) The name, designation, address, official telephone number and e-mail ID of the First Appellate Authority should also be clearly mentioned.

2. In addition, wherever the applicant has requested for ‘certified copies’ of the documents or records, the CPIO should endorse on the document “True copy of the document/record supplied under RTI Act”, sign the document with .date, above a seal containing name of the officer, CPIO and name of public authority; as enumerated below:

True copy of the document/record supplied under RTI Act.
(Name of the Officer)
(Name of the Public Authority)

Further in case the documents to be certified and supplied is large in number, information on RTI application should be supplied by a designated PIO but the certification of the documents, if need be, could be done by an other junior gazetted officer. 

3. This may be brought to the notice of all concerned.

(G. S. Arora)
Deputy Secretary (IR)

Validation of tax-returns pertaining to the Assessment Year 2014-2015 through Electronic Verification Code-reg

Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

North Block, New Delhi, the 6th of October, 2015

Order under section 119(1) of Income-tax Act, 1961
Subject: Validation of tax-returns through Electronic Verification Code-reg.-

The Central Board of Direct Taxes (‘CBDT’) vide Notification No. 41/2015 dated 15.04.2015 in cases of categories of ‘persons’ specified therein, had introduced Electronic Verification Code (‘EVC’) as one of the modes for validation of return of income pertaining to Assessment Year 2015-2016 which are filed electronically on or after 01.04.2015.

2. CBDT had further permitted validation of such returns of income through EVC in case of returns of income pertaining to Assessment Years 2013-2014 and 2014-2015 filed electronically (without digital signature certificate) between 01.04.2014 to 31.03.2015, vide its subsequent order dated 20.07.2015 for the convenience of the taxpayers. This order was applicable to those cases which were covered by Notification No. 1/2015 dated 10.07.2015 issued by the Pr. DGIT (Systems), CBDT wherein time-limit for submission of ITR-V to the CPC Bengaluru was extended till 31.10.2015. 

3. To further facilitate the process of validation of tax-returns, the CBDT, in exercise of the powers conferred under sub-section (1) of section 119 of the Income-tax Act, 1961 (‘Act’), hereby directs that returns of income which are filed on or after 01.04.2015 electronically (without digital signature certificate) pertaining to the Assessment Year 2014-2015 or returns filed in response to various statutory notices as prescribed under the Act or returns filed as a consequence of condonation of delay u/s 119 of the Act can also be validated through EVC.

(Ankita Pandey)
(F.No. 225/141/2015-ITA.II)


Scope of Facility to Book Train Berth under Senior Citizen Quota Enhanced

Press Information Bureau
Government of India
Ministry of Railways
07-October-2015 16:48 IST
Scope of Facility to Book Train Berth under Senior Citizen Quota Enhanced

With a view to meet the requirements of senior citizens, ladies passengers above the age of 45 and pregnant women travelling alone in trains, a reservation quota of two lower berths per coach in Sleeper, 3AC & 2AC classes was earmarked for these categories of passengers in all trains having sleeping accommodation in 2007. Recently, this accommodation earmarked in Sleeper class has been enhanced to four lower berths per coach instead of two lower berths per coach as per earlier provision. There is, however, no change in the number of lower berths earmarked in 3AC and 2AC classes.

Complaints were being received that in case two senior citizens (husband and wife) want to book berth under this quota, they are denied this facility despite the fact that both of them are senior citizens. It was, therefore, being requested that this facility should be provided even when two senior citizens are going together.

The reason for allowing senior citizens to book tickets under this quota only when travelling alone was that since only two/four lower berths per coach are being earmarked, there is a possibility that when two senior citizens travelling together book the ticket, they may get a scattered accommodation in two different coaches where the lower berths might be available. This will be the cause of complaint and then references will be received as to how the railway is facilitating two senior citizens by giving them scattered accommodation in two different coaches.

However, keeping in view the demands for providing this facility even when more than one passenger are travelling, it was decided that the facility of booking tickets under senior citizen quota may be provided where in a single application, even if two passengers are in combination of senior citizens /female passengers above the age of 45 years/pregnant women. This facility can be availed only if both the passengers intending to avail this facility are eligible to book berth under senior citizen quota i.e. either both of them should be senior citizens or ladies above the age of 45 or pregnant women or a combination of one senior citizen and one lady above the age of 45 or pregnant women, etc.

From above, it is evident that vide New Commercial Circular No. 51, of Railway Board 2015, the scope of facility already available to senior citizens, female passengers above the age of 45 years and pregnant women to book accommodation under senior citizen quota has been enhanced. Earlier senior citizens /female passengers above the age of 45 years/pregnant women could book accommodation under this quota only when travelling alone whereas now they will be able to book accommodation even when two passengers of these categories (either both from the same category or combination of one from any two categories) are travelling. 

Wednesday, October 7, 2015

FROM AAM TO KHASH-Panel proposes steep hike in MLAs’ pay packet ` 2,10,000 Proposed monthly salary plus emoluments of an MLA in Delhi ` 88,000 Current monthly salary/emoluments of a Delhi MLA

PAY DAY Committee set up by speaker recommends four-fold increase in basic salary, jump in allowances and pensions
NEWDELHI: An experts panel looking into legislators’ salaries on Tuesday recommended a Delhi MLA’s monthly package be more than doubled to ` 210,000 from ` 88,000, which could make them the highest paid legislators in the country.
If the recommendations submitted to the Delhi speaker are accepted, the basic salary of Delhi MLAs will increase four-fold to ` 50,000 a month, putting them on a par with the pay of MPs. The proposed basic salary is also one of the highest for MLAs in India; Assam legislators get the highest basic salary at ` 60,000 a month.
Their overall package could top that of members of Parliament at ` 145,000 a month and Himachal Pradesh, which currently has the highest paid state legislators at ` 125,000 a month.
The committee has also recommended a doubling of the daily allowance to ` 2,000 and other one-time allowances under different heads. The daily allowance is the additional money an elected representative gets for attending sessions of the legislative body or a meeting of its panels.
If a legislator hires a private space for an office, the MLA would be eligible for an additional ` 25,000 in lieu of office rent.
Assembly secretary Prassana Kumar, a member of the committee, said the report would be sent to the Delhi government by the speaker after the salary and allowances committee of the sssembly takes a view on the recommendations.
“The government will take a reasoned decision after going through each recommendation,” said a government spokesperson.
While the committee members argued “they have recommended a reasonable revision following the best international practices”, leader of opposition Vijendra Gupta and Delhi Congress chief Ajay Maken criticised the AAP government for the proposals.
Gupta dubbed the ruling party the “Khas Aadmi Party” while Maken alleged “the state government is misusing public funds for giving extra perks and position to its legislators”.
In August, the salary and allowance committee led by Karol Bagh MLA Vishesh Ravi had urged speaker Ram Niwas Goel to form an independent panel after several AAP legislators demanded a salary revision. The AAP MLAs argued that many of them had entered politics after quitting alternative careers while several others came from humble backgrounds, and it was difficult to meet the expenses with the existing emoluments.
The Delhi assembly came into existence in 1993. The salary and allowance of legislators has been revised four times, with the last revision enacted in 2010-11 when an MLA’s salary was revised from ` 6,000 to ` 12,000.
Top-up suggestions

Main recommendations of experts panel set up by Delhi assembly speaker
Increase basic salary from ` 12,000 to ` 50,000, constituency allowance from ` 18,000 to `      50,000
Introduce office expenses component of ` 70,000 plus ` 25,000 if office taken on rent
Hike annual travel reimbursements to ` 3 lakh (air, rail, road) from current ` 50,000
One-time allowances (per tenure) of ` 1 lakh for furnishing office, ` 60,000 for office equipment
Hike vehicle loan from ` 4 lakh to ` 12 lakh, monthly pension from ` 7,500 to ` 15,000

NEW DELHI: Arguing for a hike in salaries in July, the Aam Aadmi Party (AAP) MLAs had said that managing expenditures within the salaries and allowances they get was impossible.

Many AAP MLAs gave up regular jobs to join the party.
For a few MLAs, who had left good jobs in MNCs, the jolt was bigger. Adarsh Shastri, MLA from Dwarka, quit his job as the head of the South Asia sales unit at Apple after joining the party. Shastri, who is heading the AAP government’s team that looks into providing free wifi in the city, commanded a package of ` 1.25 crores per annum at the time he quit.
“It is very important to appreciate the challenges that an MLA has to face each day. I welcome anyone to come live my life and see if they can manage in the amount that we currently get. AAP was formed to further honest politics and this needs an honest understanding of the conditions we operate in,” Shastri said.
Calling himself the CEO of his constituency, Shastri said that he never received calls at 2 am in his previous job.
“I help make people’s lives better or worse and it is an onerous responsibility. This is the most high-pressure job I have ever had.”
A number of people doing regular jobs joined the party in 2012 and 2013. Many of them were elected last year and left their jobs. Saurabh Bhardwaj, the party’s spokesperson, was a project manager with a US based fortune 500 company before joining the party. He was earning an annual salary of ` 17 lakh when he quit.
“If the three BJP MLAs prove they are running their household in ` 12,000 (the salary component), I will resign. I welcome anyone to come and stay with me for three days and see what the expenditures are. We end up spending more than the allocated amount on travel, data entry operators and administrative expenses. ` 12,000 is the real salary component and you can’t run a household in this much,” said Bhardwaj, who also called for a debate on whether the salary component should be hiked to ` 50,000 from ` 12,000.

Tuesday, September 29, 2015

CGDA has instructed to all Pr. Controllers/Controller to nominate an Officer for countersigning the application forms received from the retired Defence Civilians for grant of CSD Canteen facilities:-


NoAN/VIl/7089/CSD/ Corr
Dated : 21.09.2015
1. All PCsDA/ CsDA
2. PCA(Fys) Kolkata
Subject: Grant of CSD Canteen Facilities to retired Defence Civilians,

Reference ' This office letter of even No dated 14.08/2015

A copy of the DDGCS letter 96301/Q/DDGCS/Policy dated 12.08.2015 regarding CSD Canteen facilities to retired Defence Civilians. is forwarded herewith for information and necessary action. The letter is to be given wide publicity by displaying on the notice boards/ websites.

2. Further, attention is invited to point 7 and 9 of the letter wherein action to be taken on the part of the Department from where the Officer/ employee has retired has been mentioned. The Pr. Controllers/ Controllers are requested to nominate an Officer not below the rank of an Under Secretary to Govt of India or equivalent for countersigning the application forms received from the applicants. 

The orders should be promulgated and the details be forwarded to DDGCS, Army Headquarters, New Delhi.


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