Superannuation Retirement

Superannuation Retirement

Shri R A Dhas, SSOPs, Satara Dn., Pune Region and Shri L V Suryavanshi, SSPOs Dhule Dn.,Aurangabad Region is retiring from Government Service on superannuation on 30.06.2018.

This Association Wishes him a very Happy and Healthy Retired Life 

Cadre Restructuring of Inspector Posts and Assistant Supdt. of Post Offices (ASPOs) Cadre

Cadre Restructuring of Inspector Posts and Assistant Superintendent of Post offices

All Asstt. Circle Secretary/office bearers and IP and ASPs working in Maharashtra Circle are requested to submit the requisite information before due date. All should help CO administration for collection of information.

It is A Human Right Of Person Accused Of Sexual Harassment To Get Info To Defend Himself, Says CIC; Penalises “Penny-wise” CPIO

The Central Information Commission (CIC) has held that it is the human right of a person accused of sexual harassment in his capacity as a citizen and accused under the RTI Act and under the principles of criminal justice, to get all the related information to defend himself in a penal proceedings while imposing a penalty of Rs 25,000 on a Public Information Officer for denying the information to an officer accused of sexual harassment at workplace and recommended disciplinary enquiry be conducted against him.

CIC Madabhushi Sridhar Acharyulu also criticised the CPIO for demanding Rs. 6 for three pages supplied to the appellant by writing a letter, as the CIC said, “The RTI Rules say the CPIO can collect the copying fee at Rs 2 per page but did not authorize him to demand Rs 2 by spending more than that. This reflects at least, the harassing nature of the CPIO, which is surely a sign of malice. The problem of CPIO is the mindset and attitude. It is part of malice.”

“It is the human right of the appellant in his capacity as a citizen and accused under RTI Act and under the principles of criminal justice, to all the related information to defend himself in penal proceedings. The expression ‘human rights’ is defined in Section 2(d) of the Protection of Human Rights Act, 1993. “human rights” means the rights relating to life liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India,” said Acharyulu.

“There are, in fact, two human rights—one, right to defend himself in penal proceedings and second, right to information to prepare for that defence. These two human rights are founded on a) principles of natural justice and due process, b) principles of criminal justice, c) the provisions of SHW Act of 2013, d) the provisions of RTI Act 2005,” he added.

The CIC was hearing an appeal moved by an officer facing an inquiry on a complaint of alleged sexual harassment. He had sought information on 15 points, including copies of Statements of the named individuals obtained by the Internal Complaints Committee (ICC) during the preliminary inquiry and copies of correspondences between an official and the president of the ICC.

While the CPIO denied him the information, three documents were given to the appellant which included a copy of the order by which ICC, Mandsaur, was formed, a copy of order by which a particular member of ICC was placed on superannuation list and a copy of his retirement charge report.

The CPIO also wrote to the appellant to pay Rs. 6 for a page.

To the CIC’s surprise, the appellant was denied the other information by the CPIO citing Section 16 of the Sexual Harassment at Workplace Act, 2013 which is prohibition of publication of information to and by the media about the identity and addresses of aggrieved woman, respondent and witnesses during the conciliation and inquiry proceedings, and action taken etc.

The CIC noted that “the provision does not mean that information could be denied to respondent-accused. Hence denial of information sought by the appellant is in clear breach of all above provisions of SHW Act of 2013”.

The CPIO also invoked exemption clauses 8(1)(d) and (g) of RTI Act to deny the appellant the information, which the CIC said, should have been given as per principles of natural justice, rules of disciplinary inquiry, Act of 2013, Rules made thereunder, official handbook of the Ministry containing guidelines for prevention of Sexual Harassment. The CPIO used exemption clauses under the RTI Act also.

Section 8(1)(d) of RTI Act says; information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

Section 8(1)(g) says: information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes.

The first appellate authority also upheld the denial of information.

The appellant moved the CIC saying as a charge-sheeted accused before ICC, the principles of natural justice demand that certified copies of all documents relating to the inquiry report, including copies of the statements of witnesses, should be given to him to facilitate him to substantiate his defence and for the conduct of the inquiry in a fair manner.

How are statement of witnesses a trade secret?

The CIC observed, “The CPIO neither explained nor justified how these clauses could be invoked in this case. He has not applied his mind at all. How the statement of witnesses and other documents relating to sexual harassment complaint could be considered as ‘trade secret’, ‘commercial confidence’ or ‘intellectual property’ of the third party or public authority? This is absolute absurdity.

“The appellant himself gave the names of the four witnesses and asked for their statements of evidence given during inquiry. This information was denied under an excuse that their physical security is threatened. These excuses are laughable and amounts to misuse of law by authority to deny the right to information of the appellant. It also reflects malafide on the part of the CPIO. If this is the way information is denied and accused is not allowed to defend, false allegations will increase and real purpose of Act of 2013 and RTI Act will be totally defeated.”

“The charge of sexual harassment is a serious allegation which if falsely made and proved by suppression of information to the accused, it can ruin the career of the accused, cause permanent and irreparable damage to the reputation and also disturb his domestic life affecting his relations with his wife and children. Society will look him down and people talk badly about him in his absence or some may even insult him openly. As per SHW Act 2013, he would be shifted, and he might even face criminal prosecution under IPC which in our country would span over a decade or more involving huge expenditure and going to courts for several rounds as an accused person. A false allegation can render his life a hell for the accused officer and if innocent, the officer might suffer serious mental torture also. It can destroy a person totally. The due process, principles of natural justice and legal provisions of the SHW Act of 2013 provide him a right to defend himself from allegation of sexual harassment, and the right to information to secure those related documents will strengthen that right”.

Referring to the Supreme Court verdict in Maneka Gandhi v. Union of India in which it was held that right to live under Article 21 is not merely a physical right but includes within its ambit the right to live with human dignity, the CIC said, “An unproven charge of sexual harassment seriously affects the dignity of a person. And not facilitating the procedural rights including right to information/documents that are being used against him will deprive him of a due opportunity to defend himself, which is the human right to free and fair trial that amount to breach of Article 21.”

The CIC also referred to various provisions of the CrPC and also the Sixth Amendment to the US Constitution which provide for an accused to be informed of the nature and causes of accusations and the right to cross-examine while being allowed to put the witness in his defence.

It also referred to another recent judgment of CIC in M Dinesh v PIO, Bureau of Immigration/Intelligence Bureau, wherein it was held that it was a human right of the accused facing inquiry to have complete information.

“By denying the information the appellant was not only harassed by the public authority, but also by the CPIO. While public authority denied him the documents which he was entitled under SHW Act of 2013, the CPIO denied them under RTI Act besides wrongfully invoking Section 8(1) (d) and (g). It is absurd to think that copy of inquiry report and statements of witnesses could be ‘trade secret’, ‘intellectual property’ or of ‘commercial confidence’,” said Acharyulu.

A pennywise CPIO

“The CPIO was penny wise when he demanded Rs 6 to give 3 pages. The CPIO might have spent at least Rs 15 to Rs 100 approximately (taking into account the time, energy, paper, typing or correcting mistakes, which is quite possible, and posting) to write a letter demanding Rs 6. If it is his personal money, no prudent man would spend Rs 100 for collecting Rs 6. Is it not wrongful spending of public money? If this CPIO is demanding money up to Rs 18, by spending Rs 20 to Rs 100 every day hypothetically, what should be the loss of exchequer per year? Even if the appellant positively responds and pays Rs 6 promptly, still the loss would be Rs 94. The RTI Rules say the CPIO can collect the copying fee at Rs 2 per page but do not authorize him to demand Rs 2 by spending more than that. This reflects at least, the harassing nature of the CPIO, which is surely a sign of malice,” said the CPIO.

Read the Order Here

Creation of Jabalpur Region, Madhya Pradesh Circle - redeployment of Group'B' Gazetted/Non-gazetted posts

Important Rulings in FR & SR Part –I General Rules

IMPORTANT RULINGS IN FR & SR Part –I General Rules

Rule No	Subject
FR (9) (5)	Compensatory allowance
GIO No. 1 in FR (9) (6)	Period of attending obligatory examination should be treated as duty
GIO No. 16 in FR (9) (6)	Period of training before appointment shall be treated as duty for eligibility to sit for departmental examination
FR (9) (6-A)	Fee – Payment to a Government servant from the source other than the Government
FR (9) (9)	Honorarium - Payment to a Government servant from the source of  the Government
FR 10	No person shall be appointed to a post without a medical certificate of health.
FR 17-A	Interruption or break in service due to strike and consequent disabilities
FR 22 (I) (a) (1)	Promotion involving higher responsibilities
Rule 13 in (RP) Rules, 2016	Fixation of Pay on the date of promotion One increment is added to the pay of the lower post.  If the same pay is available in the promotional post, the same pay is fixed in the higher post. If the same pay is not available in the promotional post, the pay is fixed in the next level in the higher post.
Rule 13 in (RP) Rules, 2016 and OM dt 27.07.2017	Option giving facility                                                                                            Pay fixed in next Level in the promotional post on the date of promotion                                                                                                          Two increments will be given on the next date of increment
GIO No. 1 under                                FR 22	Fixation of pay in the revised pay structure w.e.f 01.01.2016
GIO No.23 under                                FR 22	Procedure for stepping up of pay
GIO No.34 under                                FR 22	The Next Below Rule and its scope
GIO No.13 under                                FR 26	Increment in Pay Matrix w.e.f 01.01.2016
GIO No.14 under                                FR 26	Date of next increment in the Revised Pay structure w.e.f 01.01.2016. The officials for whose pay is fixed on 01.01.2016, will get next increment on 01.07.2016. In case of appointment / promotion between 02.01.2016 to 01.07.2016 – next increment will be on 01.01.2017. In case of appointment / promotion between 02.07.2016 to 01.01.2017 – next increment will be on 01.07.2017.
FR 27	Grant of premature increment Premature increment will be sanctioned by the authority who has power to create a post in the same cadre on the same scale of pay
GIO No.5 under                               FR 27	Premature increment under FR 27 will not be granted as reward for meritorious work
FR 53	Subsistence allowance
FR 53 (1) (ii) (a)	Subsistence allowance = Half pay leave +DA admissible on subsistence allowance
	It will be increased not exceeding 50% of it, if the suspension is continued for the reasons not attributable to the Government servant.
	It will be reduced not exceeding 50% of it, if the suspension is continued for the reasons directly attributable to the Government servant.
FR 53 (1) (ii) (b)	Compensatory allowance (HRA) is admissible to the pay prior to the suspension
FR 53 (2)	Production of non employment certificate
GIO No.2 under                                FR 53	Revision of scale of pay under suspension
GIO No.5 under                                FR 53	Recoveries from the subsistence allowance                                                 (1) Compulsory deduction (2) Optional deductions (3) Non permissible deduction (4) Regarding recovery of overpayment- it is the discretion of the competent authority and not exceeding one third of the subsistence allowance
GIO No.6 under                                FR 53	Treatment of licence fee- free concession during suspension
FR 54	Regularization of suspension period
FR 54-B (2)	GS dies while suspension before disciplinary proceedings, suspension period shall be treated as duty
Audit Instruction under FR 54-B	Period of suspension should be treated as duty if minor penalty is imposed

​Independence Day 2018, Photography Competition​

​Independence Day 2018, Photography Competition​

Regarding filling up of the posts of Instructor on deputation at PTC Darbhanga in Bihar

Download from its Official Site

GDS : Implementation for Existing and Revised Allowance

GDS : Implementation for Existing and Revised Allowance

Item	Existing Allowances	Revised Allowances
Allowances
Office Maintenance allowance (OMA) (For BPMs Only)	₹ 100/- pm	Composite Allowance (in lieu of OMA) is revised as follows (For BPMs only) BPMs providing GDS Post Office accommodation which meets the prescribed standards – ₹ 500/- per month BPMs having BOs at non-standard/rent free accommodation- ₹ 250/- per month
Fixed Stationary Charge	₹25/- pm for BPMs ₹10/- pm for other than BPMs	₹25/- ABPMS and Dak Sevaks. FSC subsumed in composite allowance for BPMs.
Boat Allowance	₹ 50/- pm	₹115/- per month
Cash conveyance Allowance	₹50/- pm	There will be no fixed cash conveyance allowance. Instead, payment will be at following rates: (a)    Payment of ₹30/- per occasion plus actual conveyance charges for cash conveyance of an amount less than ₹ 1 Lakh subject to maximum of charges incurred for transport by public bus and; (b)    ₹ 50/- per occasion plus actual conveyance charges for an amount more than ₹ 1 Lakh subject to maximum of charges incurred for transport by public bus.
Cycle Maintenance Allowance	₹90/- pm	₹180/- pm
Combined Duty Allowance	1.       GDS Branch Postmasters performing delivery or conveyance duties or both will be paid ₹500 p.m for each item of work separately. 2.       If the Branch postmaster is performing delivery at the BO village only, it will be restricted to ₹250 p.m 3.       BPM exchanging Mails at Bus stand or at Railway Stations will be compensated at the rate of ₹250 p.m	BPM for delivery OR Mail Conveyance work – ₹45/- per day subject to maximum of ₹1170/- per month BPM for delivey PLUS mail conveyance – ₹90/- per day subject to maximum of ₹2340/- per month ABPM for BPM work – ₹75/- per day subject to a maximum of ₹1950/- per month. ABPM/DAk Sevak for additional work of another ABPM/Dak Sevak – ₹45/- per day subject to a maximum of ₹1170/- These rates will be for combination of duties of two or more posts borne on the establishment of the office.
Risk and Hardship Allowance	Nil	Risk and Hardship allowance @ of ₹500/- per month to the GDS working in areas which are identified for this allowance. (as identified by Government of India, as per 7th CPC Recommendations)

Child Care Leave

GDS Wage Revision Order: 3 Illustrations on the payment of Arrears for the period 01.01.2016 to 30.06.2018

GDS Wage Revision Order: 3 Illustrations on the payment of Arrears for the period 01.01.2016 to 30.06.2018

Click here to view full Order: Gramin Dak Sevaks (GDSs) Revised Wages and Allowances: Implementation Order by DoP

Annexure-III

Illustrations on the payment for the period 1.1.2016 to 30.6.2018
 

Illustration —I

GDS BPM with a work load of 5 hours in TRCA slab ₹4575-85-7125 with basic TRCA of ₹4575 as on 01.01.2016 (date of annual increase- 1st Jan)

Period	Basic TRCA	DA %	No of months	Total Drawn	Basic TRCA raised by 2.57	Total due	Difference	Total amount payable
1.1.16	4575	125	6	61763	11758	70547	8784
1.7.16	4575	132	6	63684	11758	70547	6863
1.1.17	4660	136	6	65986	11976	71857	5872
1.7.17	4660	139	6	66824	11976	71857	5033
1.1.18	4745	142	6	68897	12195	73168	4271	30821

Illustration —II

GDS BPM with a work load of 5 hours in TRCA slab ₹4575-85-7125 with basic of TRCA ₹5850 as on 01.01.2016 (date of annual increase- 1st Jan)

Period	Basic TRCA	DA %	No of months	Total Drawn	Basic TRCA raised by 2.57	Total due	Difference	Total amount payable
1.1.16	5850	125	6	78975	15035	90207	11232
1.7.16	5850	132	6	81432	15035	90207	8775
1.1.17	5935	136	6	84040	15253	91518	7478
1.7.17	5935	139	6	85108	15253	91518	6410
1.1.18	6020	142	6	87410	15471	92828	5418	39313

Illustration —III

GDS MC with a work load of 3 hours in TRCA slab ₹2295-45-3695 with basic of TRCA ₹2430 as on 01.01.2016 (date of annual increase -1st March)

Period	Basic TRCA	DA %	No of months	Total Drawn	Basic TRCA raised by 2.57	Total due	Difference	Total amount payable
1.1.16	2430	125	3	16403	6245	18735	2333
1.3.16	2475	125	3	16706	6361	19082	2376
1.7.16	2475	132	6	34452	6361	38165	3713
1.1.17	2475	136	3	17523	6361	19082	1559
1.3.17	2520	136	3	17842	6476	19429	1588
1.7.17	2520	139	6	36137	6476	38858	2722
1.1.18	2520	142	3	18295	6476	19429	1134
1.3.18	2565	142	3	18622	6592	19776	1154	16578

Click here to view full Order: GraminDak Sevaks (GDSs) Revised Wages and Allowances: Implementation Order by DoP