DoPT OM regarding enhancement of FMA for CG Pensioners

Dear Comrades,

The DoPT vide the following OM has conveyed regarding enhancement of Fixed Medical Allowance (FMA) to the Central Government Pensioners residing in areas not covered under CGHS.

The full content of the said OM is reproduced below:-

No.4/25/2008-P&PW(D)

Government of India

Ministry of Personnel, Public Grievances & Pensions

(Department of Pension & Pensioner's Welfare)

3rd Floor, Lok Nayak Bhawan, Khan Market,

New Delhi-110003, Dated the 26 May, 2010.

OFFICE MEMORANDUM

Subject: Grant of Fixed Medical Allowance (FMA) to the Central Government Pensioners residing in areas not covered under CGHS.

The undersigned is directed to say that in pursuance of Government's decision on the recommendations of Fifth Central Pay Commission, the Govt. had issued instruction vide this Department's O.M. No.45/57/97-P&PW(C) dated 19.12.97 for grant of Fixed Medical Allowance @ Rs.100/- per month to the Central Government Pensioners/Family Pensioners residing in areas not covered under Central Government Health Scheme administered by the Ministry of Health & Family Welfare and corresponding health schemes administered by other Ministries/Departments for their retired employees for meeting expenditure on their day-to-day medical expenses that do not require hospitalization. Further clarifications were issued vide this Department's O.M. Nos.45/57/97-P&PW(C) dated 24.08.98, 30.12.98 and 18.8.99.

2. The demand for enhancement of FMA has been under consideration of the Government for some time past. Sanction of he President is hereby conveyed for enhancement of the amount of FMA from Rs.100/- to Rs.300/- per month. The other conditions for grant of FMA shall continue to be in force.

3. These orders will take effect from 01.09.2008.

4. These orders are issued with the concurrence of the Ministry of Finance (Deptt. of Expenditure) vide their I.D. Note No.347/E.V./2010 dated 14.05.2010 and in consultation with the Comptroller and Auditor General of India vide their UO No.36-Audit(Rules)/28-2-9 dated 26.05.2010.

Hindi version will follow.

(Raj Singh)

Director

DoPT Order on Fees Charged under RTI Act

Dear Comrades,

DoPT vide the below mentioned OM has clarified regarding the excess fees charged by the officers under RTI Act. The full content of the said OM is reproduced below for your information.

N0.12/9/2009-IR
Government of lndia
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
******
North Block, New Delhi
Dated the 24th May, 201 0
OFFICE-MEMORANDUM

Subject : Payment of fee under the Right to lnformation Act. 2005 - scope of subsection
(3) of Section 7 of the Act.
*****.

The Undersigned is directed to say that a question is raised from time to time whether a Public lnformation Ofticer (PIO) has power to charge fee under Section 7(3) of the RTI Act. 2005 in addition to fee prescribed under Sections 6(1), 7(1) and 7(5) of the Act.

2. Section 6(1) of the Act enables the Government to prescribe application fee and sub-sections (1) and (5) of Section 7 to prescribe fee in addition to application fee for supply of information. On the other hand sub-section (3) of Section 7 provides the procedure which a PI0 has to follow for realizing the fee prescribed under sub-sections (1) and (5) of the Section. Details of fees that can be charged by a public authority under the Central Government are contained in the Right to lnformation (Regulation of Fee & Cost) Rules, 2005. The Rules or the Act do not give power to the PI0 to charge any fee other than prescribed in the Fee and Cost Rules. Attention in this regard is invited to following extracts from the common order passed by the Central lnformation Commission in Appeal No. CICIMAIAI2008/0185 (Shri K.K. Kishore Vs. Institute of Company Secretaries of lndia) and Complaint No.CICMIBIC12007/00943 (Shri Subodh Jain Vs. Dy. Commissioner of Police) :

"The Act under proviso to sub-section (5) of Section 7 also provides that fee prescribed under sub-sections (1) and (5) of Section 7 shall be reasonable and no such fee shall be charged from the persons who are below poverty line as may be determined by the Appropriate Government. The Government has already prescribed fees as deemed reasonable mandated under Sections 7(1) and 7(5) of the Act and in the view of the Commission, there is no provision for any further fee apart from the one already prescribed under Sections 7(1) and 7(5) of the Act".

"Thus, there is provision for charging of fee only under Section 6(1) which is the application fee; Section 7(1) which is the fee charged for photocopying etc. and Section 7 (5) which is for getting information in printed or electronic format. But there is no provision for any further fee and if any further fee is being charged by the Public Authorities in addition to what is already prescribed under Section 6(1), 7(1) and 7(5) of the Act, the same would be in contravention of the Right to lnformation Act. The "further fee" mentioned in Section 7(3) only refers to the procedure in availing of the further fee already prescribed under 7(5) of the RTI Act, which is "further" in terms of the basic fee of Rs.101- . Section 7(3), therefore, provides for procedure for realizing the fees so prescribed".

3. The Commission, while delivering decision in above cases, recommended to this Department to make rules, for charging fee towards supply of information which may include fee for supply of books, maps, plans, documents, samples, models etc. that are priced and towards postallcourier charges for mailing information, when postallcourier charges are in excess of minimum slab prescribed by the Department of Posts and for other similar situations.

4. The Right to lnformation (Regulation of Fee & Cost) Rules, 2005 already provide provisions for charging of fee for giving information in diskettes or floppies or in the form of photo copy; for providing samples, models, printed material like books, maps, plans etc; and for inspection of records. The Government have, however, not considered it desirable to charge fee towards expenditure involved in mailing information or overhead expenditure etc. Nevertheless, supply of information in a form which would disproportionately divert the resources of the public authority is taken care of by Section 7(9) of the Act according to which information shall ordinarily be provided in the form in which it is sought but supply of information in a particular form may be refused if supply of information in that form would divert the tesources of the public authority disproportionately.

5. It is hereby clarified that where a Public lnformation Officer takes a decision to provide information on payment of fee in addition to the application fee, he should determine the quantum of such fee in accordance with the fee prescribed under the Fee and Cost Rules referred to above and give the details of such fee to 'the applicant together with the calculation made to arrive at such fee. Since the Act or the Rules do not provide for charging of fee towards postal expenses or cost involved in deployment of man power for supply of information etc., he should not ask the applicant to pay fee on such account. However, wherever supply of information in a particular form would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the records, the PI0 may refuse to supply the information in that form.

6. Contents of this OM may be brought to the notice of all concerned. @$o (K.G. Verma) Director
Te1.23092158
1. All the MinistrieslDepartments of the Government of lndia.
2. Union Public Service CommissionlLok Sabha SecretariaVRajya Sabha
SecretariaVCabinet SecretarylCentral Vigilance CommissionlPresident's
SecretariaWice-President's SecretariaVPrime Minister's OfficelPlanning
CommissionlElection Commission.
3. State Information Commissions
4. Staff Selection Commission, CGO Complex, New Delhi.
5. 010 the Comptroller 8 Auditor General of India, 10, Bahadur Shah Zafar Marg, New Delhi.
6. All OfficerslDeskslsections, DOP8T and Department of Pension and Pensioners Welfare.
Copy to : Chief Secretaries of all the StateslUTs,
Copy also to : Central Information Commission with reference to the
Commission's recommendation referred to above.

DoPT O M on Participation by Central Government servants in sporting events and tournaments of National or International importance

No.6/2/2009-Pay-1
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
**********************************
New Delhi, 18th May 2010.
OFFICE MEMORANDUM

Subject:-Participation by Central Government servants in sporting events and tournaments of National or International importance.

The undersigned is directed to refer to this Department's OM No.6/1/85-Pay-1 dated 16.7.85 in terms of which employees are entitled to grant of incentive increment on achieving excellence in sports events of national/international importance.

2. The question of defining the term 'Excellence' for grant of increment to a government servant has been examined in consultation with the D/Youth Affairs & Sports. It is clarified that sportspersons participating in sporting events (both individual and team events) of national and international importance will be treated as having achieved excellence for the purpose of grant of increment(s) if he/she achieves 1st, 2nd or 3rd position in the finals of sporting events if more than three individuals or teams have participated in the events. If only three or less individuals or teams have participated in the finals of a sporting event, the sportsperson/team achieving first position will be treated as having achieved excellence.

(Rita Mathur) Director(Pay))

Discussion on MACP Anamolies by CHQ in the MACP Joint committee on 25.05.2010

Dear Comrades,

A Joint Committee set up by the National Anamoly Committee on MACP met today under the chairmanship of Joint Secretary Establishment of DOPT.

The following issues were discussed.

1. Item No:1:Provide Grade Pay of the next promotional post under MACP. Staff Side pressed for placement in the Grade Pay of the Promotional Post instead of next higher Grade Pay in the hierarchy of revised Pay Band and Grade Pay. It was insisted because the career progression only means the promotion in the hierarchy and not to a Grade Pay which is not present in the hierarchy of the respective department.

The Staff Side also gave an alternative that first two MACPs after 10 and 20 years should be to the next promotional post as per the hierarchy of respective department as under the erstwhile ACP scheme and thereafter the third MACP in the next Grade Pay of the Revised Pay Band and Grade Pay.

2. Item No:2:Date of Effect. It was demanded that MACP scheme may be introduced with effect from 1.1.2006. A scheme which has been recommended by the 6th CPC will be not available to those employees who have opted for revised pay scales w.e.f. 1.1.2006 but had retired or died before 1.9.2008, which is very anomalous.

3. Item No:3:Option for earlier ACP Scheme. Staff Side pointed out that the benefit which employees were getting through two ACPs after 12 and 24 years of service is much higher than the benefit that they will get under MACP after three financial upgradations. It was therefore urged that the service conditions which were available to the existing employees cannot be adversely revised and if that happens then an option to retain the old scheme is inherent. And if the present MACP is not converted to hierarchical pattern, then at least an option may be given to retain the erstwhile scheme of ACP.

4. Item No:7:Grant of financial upgradation between 1.1.2006 and 31.8.2008. In Para 9 of the DOPT OM dated 19.5.2009, it had been provided that earlier ACP scheme will continue to operate for the period from 1.1.2006 to 31.8.2008. However, this is not being allowed to officials who have opted for revised Pay Band and Grade Pay with effect from 1.1.2006. In some offices, it is being insisted that financial upgradation under the earlier ACP would be granted only in the pre-revised pay scales and they will have to opt for the revised pay scales only from the date they are granted the financial upgradation under earlier ACP. It was demanded that earlier ACP benefit may be given also to those officials who have come over to the Revised Pay Band and Grade Pay with effect from 1.1.2006.

5. Item No:8:Anomaly on introduction of MACP Scheme. By an illustration in respect of Junior Engineer of CPWD, it has been pointed out that under earlier ACP they will go up to the revised Pay Band 3 with Grade Pay of 6600/- on completion of 24 years of service, whereas under the MACP Scheme, even after 30 years of service and getting third MACP they will get the Grade Pay of 5400/- only in PB-2. This is obviously less advantageous and therefore the demand for option to retain the old ACP scheme has been insisted. The Official Side indicated that they will consider all these demands and in the next meeting they will indicate how far they can go.

6. Item No:4: Applicability of MACP Scheme to Group D employees who have been placed in the Grade Pay of 1800/-. The DOPT had already stated that all promotions and upgradations granted under ACP Scheme of 1999 in the post of four pay scales S-1, S-2, S-3 and S-4 shall be ignored for the purpose of MACP. In other words all the three MACP will be available to all the Group D employees who have since been placed in the grade pay of 1800/-. If an employee has completed 10 years of service he should be granted the GP of 1900/-; if completed 20 years of service he should be granted the GP of 2000/-; and if he has completed 30 years of service he should be placed in the GP of 2400/-. In some departments these MACP has not been granted to the Group D employees. The staff side therefore insisted an enabling clarificatory instructions may be issued. The Official Side agreed to issue such clarificatory instructions.

7. Item No:5: Counting 50% of service rendered by Temporary Status CLs for reckoning 10,20, and 30 years of service under MACP scheme. It was pointed out that the Railways have already issued orders for counting 50% of service rendered by Temporary Status Casual labourers for reckoning 12 and 24 years of service under the old ACP scheme. It was also pointed out that Courts have also ordered that total service rendered as TS CLs may be counted for the purpose of ACP. The Official Side were of the opinion that 50% of service rendered by TS CLs has been counted only for the purpose of pension. The Staff Side pointed out that the TS CLs have been granted all the facilities admissible to a Temporary Employee in respect of leave, increment, pay scale etc and therefore this may be deemed as a regular service for the purpose of MACP also as has been done by the Railways. The Official Side wanted the order of the Railway Department regarding ACP and the Orders of the Courts for their examination.

8. Item No:6: Supervised staff placed in higher Grade Pay than that of the supervisor. The Staff Side suggested that this item may be transferred to National Anomaly Committee item and discussed there. This has been agreed to. There are 23 more items which have been suggested by the Staff Side leaders of Railways. It was pointed out that leaders of other departments may also suggest many other anomalies related to MACP. The Staff Side stated that as and when these additional items are received they may be included in the Agenda for discussion in the subsequent meetings. The Official Side agreed to.

Source:CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS.

M A C P

Dear Comrades,

The minutes and the list of the officials who are eligible to get MACP were earlier submitted to R.O., Berhampur after being processed in the DPC held for MACP at Divisional Office, Jeypore(K) during second week of May, 2010. The same has been approved by the R.O., Berhampur on 24.05.2010 and is expected to receive by the Divisional Office, Jeypore(K) within next three days for further implementation at Divisional end.

Temporary down-gradation of the post of SSPOs, Koraput

Dear Comrades,

Sri M Kotesh Ch. Patra has completed his 11 months officiating in JTS Gr.A as SSPOs, Koraput during the last week of April, 2010 and was due for reversion to PS Gr.B post. The CO, Bhubaneswar has ordered his reversion on 17th May, 2010 to the downgraded post of Koraput Division to accommodate him in his reverted status PS Gr.B post at the same station to save some expenses on TA that would have been made if posted to any other post on his reversion. Sri Patra is going to retire on 30th June, 2010 on superannuation.

Posting Order

Dear Comrades,

          As per the SSPOs, Koraput Division, Jeypore(K) Memo No.SSPOs/Con-26/Ch.IV dated 14.05.2010, the following candidates who have been selected for promotion to the cadre of Postman and have undergone theoretical and practical training for 10 days are hereby allotted to the units as mentioned against each and will be posted in the POs as mentioned below.

Sl          Name               Units to which allotted                Posting Remarks

1.  Dasarathi Nayak    Rayagada HO                                Rayagada HO

2.  Arjun Sahoo            Jeypore(K) HO                             Jeypore(K) HO

3.  Bhuban Gouda        Jeypore(K) HO                             Jeypore(K) HO

4.  Balaji Padhi             SDI(P), Malkangiri                       Boipariguda SO

5.  Sanjay Ku Rath      ASPOs I/C, Koraput                    Sunabeda-2 SO 

6.  Gouranga Sarkar   Koraput HO                                   Koraput HO

7.  N Tangaranga         SDI(P), Gunupur                          Gunupur SO

8.  Mohan Ch Bidika    SDI(P), Gunupur                          Gunupur SO

          Congratulations to all of them and the Divisional Union wishes them all the best for their bright future in the Department.

Joining of new PAs

Dear Comrades,

The following PAs after successful completion of their practical training at Jeypore(K) joined on 12.05.2010 at the places noted against their name. Congratulation to them and wish them all the best for their bright future in the Department.

Prakash Bairagi               - PA, Raighar SO. 

Kiran Kumar Pattnaik    - PA, Umerkote SO.

Rosalin Kumari Prem     - PA, Umerkote SO.

Rosalin Tirkey                - PA, Balimela SO.

Phulmani Ekka               - PA, Malkangiri MDG.

Sumitra Jena                  - PA, Mathili SO.

Sujit Kumar Panda        - PA, Semiliguda SO.