24/12/2014
1. Give “New Year Gift” to citizens by permitting and publicising the use of ordinary Postal Stamps for payment of RTI fee: CIC’s recommendation to Department of Personnel and Training
Central Information Commissioner Prof. M. Sridhar
Acharyulu has strongly recommended the use of postal stamps as RTI application
fee. While disposing off a petition, he observed, “The Commission strongly
recommends Department of Personnel and Training to adopt the one year old
proposal of the Department of Posts, which is very user-friendly and avail the
opportunity of giving New Year Gift to the citizen by permitting and publicising
the use of ordinary Postal Stamps for payment of RTI fee, as this would go a
long way in setting out the practical regime of right to information for
citizens to secure access to information. Accepting postal stamps for RTI
fee would resolve many difficulties in payment, besides preventing wastage of
public money in returning or rejecting the IPOs or spending much larger amounts
than Rs 10, for realizing Rs 10, and avoidable litigation.”
The Complainant, Shri Raghubir Singh is a senior
citizen of 75-years old and a law teacher who is associated with the making of
the RTI Act before its enactment by the Government. The Commission
heard him on the telephone as desired by him.
The complainant complained that the Directorate
of Education has harassed him by raising meaningless technical issues.
They had returned the Indian Postal Order of Rs.10/- saying that it is not
properly drawn, when he claims to have rightly drawn in favour of the Accounts
Officer. The Complainant objected to the returning of the Postal Order by
PIO by speed post, for which he had to spend more than Rs.25/-. He
complained that the Directorate has not updated its web-site and appropriate
address against whom the Postal Order should be drawn or fee to be paid was not
given.
The complaint was filed against the Directorate
of Education had demanded information on 2 points: i) Which of the Government
Secondary Schools in Delhi under the Directorate of Education, have
introduced Punjabi teaching as a third language for the first time afresh in
class VI in the academic year 2010-2014; ii) the number of such students
enrolled in Class VI, School-wise.
The Commission hence directed the PIOs to check
up whether every school has properly replied to the RTI application, if not
fulfil the deficiencies. The Commisison also directed them to contact the
Complainant on the telephone number given by him, and provide the complete
information within 15 days from the date of receipt of this order.
The Commission referred to its earlier decision
in S.C. Aggarwal vs. Ministry of Home Affairs wherein it had issued
several directions. It had directed that, “no instrument shall be returned
by any officer of the public authority on the ground that it has not been drawn
in the name of a particular officer. So long as the instrument has been drawn
in favour of the Accounts Officer, it shall be accepted in all circumstances” among
several others.
These directions were mandatory and the
Commission observed that non-compliance would lead to penalty proceedings. It
observed, “The Commission finds it is a misuse of the power of PIO to
reject to receive RTI application and the fee amounting to harassment of the
applicant. It is also a kind of denial of information. Any kind of delay in
furnishing of information on such grounds, violates the letter and spirit of
RTI Act on several counts.”
In another second appeal by Mr. R.K. Jain as
decided on 5th December, the CPIO of Department of Posts told the Commission
that their department has given a proposal to DoPT vide letter dated 31.1.2014
suggesting that ordinary postal stamps could be used for payment of RTI fee.
The respondents, their PIOs and incharge officers
were directed to update their official website immediately and send a
compliance reprt to the Commission with a copy to the Complainant within 10
days from the date of receipt of the order. All the PIOs of
Directorate of Education and all other officers
concerned were directed to accept the IPO without raising technical objections
and follow all the directions issued by the full bench order of CIC.
They were asked to submit separate reports to the
Commission explaining how many IPOs they have rejected so far and what are the
grounds of rejection, from January 2014 to December 10, 2014, within 15 days
from the date of reciept of the order.
A show cause notice was issued to the PIO who
refused and returned the IPO of appellant as to why maximum penalty cannot be
imposed against him for acting against the spirit of RTI and harassing the
applicant and for not updating the official website.
23/12/2014
How to Join CGHS after Retirement
The central Government
Employees those who are on the verge of Retirement are having many
doubts about joining CGHS after retirement. Many queries have been
raised by our viewers about registering with CGHS and availing the CGHS
facility after retirement. Hence the details of joining CGHS and
entitlement for availing treatments and its benefits, list of empanelled
Hospitals are compiled and given under for viewer’s reference.
Medical Benefits for Retirees
All Central
Government pensioners/family pensioners who were eligible for taking
treatment under the Central Government Health Scheme (CGHS) while in
service are eligible for availing CGHS facilities after retirement,
irrespective of whether they were or were not availing CGHS facilities
while in service. Further, it is not necessary that these pensioners /
family pensioners should be living in the areas covered under the CGHS.
Presently the CGHS facilities are available in the following cities:
Allahabad,
Ahmedabad, Bangalore, Bhopal, Chandigarh, Chennai, New Delhi, Faridabad,
Ghaziabad, Gurgaon, Guwahati, Hyderabad, Jaipur, Jabalpur, Kanpur,
Kolkata, Lucknow, Meerut, Mumbai, Nagpur, Noida, Patna, Pune, Shillong,
Thiruvananthapuram.
The Central Govt.
Health Scheme provides comprehensive health care to the CGHS
Beneficiaries in India. The medical facilities are provided through
Wellness Centres (previously referred to as CGHS Dispensaries)
/polyclinics under Allopathic, Ayurveda, Yoga, Unani, Sidha and
Homeopathic systems of medicines.
a. 273 allopathic dispensaries, 19 polyclinics, 85 Ayush dispensary/ units
b. 3 Yoga Centres
c. 73 Laboratories
d. 17 Dental Units
The pensioners / family pensioners have to get their names
registered with any of the CGHS dispensaries after submitting an
application in the prescribed proforma for the issue of a CGHS identity
card.b. 3 Yoga Centres
c. 73 Laboratories
d. 17 Dental Units
Procedure to Register with CGHS
1. One can get a CGHS card made from the office of AD / JD of the City.
2. Forms can be downloaded from CGHS Website or can be taken from office of AD / JD of city.
3. Documents required
i. Application in prescribed format
ii. Proof of Residenceroof of Stay of dependents
iii. Proof of age of son
iv. Disability certificate, if any in case of sons aged 25 & above, who would otherwise cease to be a beneficiary.
v. Photos of eligible family members
vi. Surrender Certificate of CGHS Card while in service ( only in those cases where CGHS Card was issued while in service)
vii. Attested copies of PPO & Last Pay Certificate
viii. Draft for
required amount towards CGHS contribution – in the name of ‘P.A.O., CGHS
New Delhi’ in Delhi-and in the name of ‘AD, CGHS of the city’.
ix. In case PPO is not ready for any reason there is option to get a provisional card on the basis of Last Pay Certificate.
x. The data is
entered through computers and entered in data base and a printout is
issued same day for immediate use. Plastic cards are subsequently sent
to the residence of the card holder by post22/12/2014
BEDU : Not Recognized - No Trade Union Facilities - Department clarified to our RTI.
Can’t recover excess salary paid to class III, IV staff: SC
y.
The apex court said employees of lower rung service spend their entire earning in the upkeep and welfare of their family, and if such excess payment is allowed to be recovered from them, it would cause them far more hardship, than the reciprocal gains to the employer.
A bench of JS Khehar and Arun Mishra also directed that an employer cannot recover excess amount in case of a retired employee or one who is to retire within one year and where recovery process is initiated five years after excess payment.
Hold discussions with the Staff side
National Council (Staff Side)
Joint Consultative Machinery
For Central Government Employees
13-c, Ferozshah Road, New Delhi – 110 001
Shiva Gopal Mishra
Secretary
No.NC/JCM/2014Joint Consultative Machinery
For Central Government Employees
13-c, Ferozshah Road, New Delhi – 110 001
Shiva Gopal Mishra
Secretary
Dated: December 16, 2014
The Cabinet Secretary,
(Government of India),
Cabinet Secretariat,
Rashtrapati Bhawan,
New Delhi
Dear Sir,
Sub: Functioning of Joint Consultative Machinery
Since assuming charge of Secretary(Staff Side),
National Council(JCM), I have repeatedly demanded to convene a meeting of the
National Council(JCM). It is, however, regretful to point out that, despite all
out efforts made by me and requesting you in person to hold the meeting, no
meeting of the NC/JCM has been convened till date.
It may be appreciated the Joint Consultative
Machinery(JCM) at the National level, conceived as an effective Negotiating
Forum, has virtually become defunct as no meeting of this forum has been held
during the last four years, with the result that, a number of major grievances
of the Central Government employees continue to remain unresolved, because of
which they are badly agitated.
The procrastinated discussions in the National
Anomaly Committee did not proceed to settle any tangible anomaly item. Even
after reaching agreement, the government has refused to issue orders on some
issues. This apart, the demands raised by the Staff Side for grant of Interim
Relief and Merger of DA with Pay have been refused by the government. One of
the vital segments of the Central Government Employees, i.e. Grameen Dak Sewaks
of the Postal Department, are kept outside the ambit of the 7th CPC. Unilateral
decisions were taken to induct FDI in the Railways, Privatize the Railway and
Defence Production Units; closure of the Printing Presses, Publication and
Stationery Departments; contractorise the medical store functions; corporatize
the Postal Organization and outsource various governmental functions.
Under these circumstances, all the constituents
of the National Council(JCM)(Staff Side) had to hold a “National Convention” on
11th December, 2014 in New Delhi, wherein after detailed deliberations and
taking stock of the situation, a detailed programme of struggle has been
chalked-out. In case there is no positive response from the Official Side, it
will ultimately lead to indefinite strike.
A copy of the Declaration of the above-mentioned
Convention is enclosed herewith, which is self-explanatory.
We do fervently hope that negotiation is possible
even at this late stage and would therefore urge upon you to take concrete
steps in that direction. We also hope that you will be able to appreciate that
any decision of the government which affects the job security of the employees
adversely need to be discussed and agreement reached at the JCM Forum.
I would, therefore, request you to personally
intervene in the matter, being the Chairman of the National Council(JCM), so as
to avoid serious unrest and disturbance to industrial peace in the Central
Government Services and hold discussions with the Staff Side, NC/JCM on these
vital issues at your earliest.
Sd/-
Charging
higher fares in Premium Tatkal tickets
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAJYA SABHA
UNSTARRED QUESTION NO-3119
MINISTRY OF RAILWAYS
RAJYA SABHA
UNSTARRED QUESTION NO-3119
ANSWERED ON-19.12.2014
Premium Tatkal tickets
3119 . SHRI SANJAY RAUT
(a) whether under the new policy and rules of Government, train passengers are
being looted by charging higher fares in the name of premium Tatkal tickets,
whereas several trains are running with vacant seats; and
(b) if so, the reasons for such kind of injustice with passengers?
(b) if so, the reasons for such kind of injustice with passengers?
ANSWER
MINISTER
OF STATE IN THE MINISTRY OF RAILWAYS
(SHRI MANOJ SINHA)
(a)&(b): In order to
improve the earnings from passenger services, w.e.f. 01.10.2014, in some of the
selected trains by Zonal Railways which are most in demand, 50% of the existing
accommodation under Tatkal Quota has been earmarked as Premium Tatkal Quota and
is being booked on dynamic pricing.
This is a distance-slab based fare scheme where the fare increases by 20% after each slab of 10% berths are sold subject to a cap (maximum fare chargeable).
Tatkal is a facility over and above the normal booking of reserved
seats/berths.This is a distance-slab based fare scheme where the fare increases by 20% after each slab of 10% berths are sold subject to a cap (maximum fare chargeable).
20/12/2014
Alteration
of date of birth of Government Employees – Instructions issued by
DOPT
F.No.19017/1/2014-Estt
(A-IV)
Government
of India
Ministry
of Personnel, Public Grievances and Pensions
Department
of Personnel and Training
North
Block, New Delhi-110 001
Dated :
16th December, 2014
OFFICE
MEMORANDUM
Subject : Alteration of date of
birth of a Government Servant — reiteration of the instructions.
Rule 56 of Fundamental Rules states
that except as otherwise provided in the rule, every Government
servant will retire from service on the afternoon of the last day of the month
in which he attains the age of sixty years.
Provided that a Government servant
whose date of birth is the first of a month shall retire from service
on the afternoon of the last day of the preceding month on attaining the age of
sixty years.
2. As per Note 6 below the
aforesaid Rule, the date of on which a Government servant attains the age of
fifty-eight years or sixty years, as the case may be, shall be determined with
reference to the date of birth declared by the Government servant at the time
of appointment and accepted by the Appropriate Authority on production, as far
as possible, of confirmatory documentary evidence such as
High School or Higher Secondary or Secondary School Certificate or
extracts from Birth Register. The date of birth so declared by the Government
servant and accepted by the Appropriate Authority shall not be subject to any
alteration except as specified in this note. An alteration of date of birth of
a Government servant can be made, with the sanction of a Ministry or Department
of the Central Government, or the Comptroller and Auditor-General in regard to
persons serving in the Indian Audit and Accounts Department, or an
Administrator of a Union Territory under which the Government servant is
serving, if —
(a) a request in this regard is made
within five years of his entry into Government service;
(b) it is clearly established that a
genuine bona fide mistake has occurred; and
(c) the date of birth so altered
would not make him ineligible to appear in any School or University
of Union Public Service Commission examination in which he had appeared, or for
entry into Government service on the date on which he first appeared at such
examination or on the date on which he entered Government service.
3. The Supreme Court of India in
Civil Appeal No.502 of 1993 — Union of India Vs. Harnam Singh — Judgement dated
9th February, 1993 had observed that :
“Inordinate and unexplained delay or
laches on the part of the respondent to seek the
necessary correction would in any case have justified the refusal of
relief to him. His inaction for all this period of about thirty five years from
the date of joining service, therefore precludes him from showing that the
entry of his date of birth in service record was not correct”.
The observations of the Apex Court
was also circulated to all Ministries and Departments of the Government of
India vide OM No.19017/2/92-Estt.(A) dated 19-5-1993.
4. All the Ministries and
Departments are requested to keep the above in view while processing cases of
requests for changes of date of birth.
5. Hindi version follows.
sd/-
(B.Bandyopadhyay)
Under Secretary to the Government of
India