Feb 13, 2019

7th Pay Commission Pay University Teachers And Staff – Corrigendum



7th CPC – Revision of allowances of teachers, equivalent academic staff, Registrars, Finance Officers and Controller of Examination in Universities and colleges


No. 1-4/2017-U.II
Government of India
Ministry of Human Resource Development
Department of Higher Education

New Delhi, dated the 1st February, 2019

CORRIGENDUM

दिल्ली में वकीलों का प्रदर्शन, केंद्र से की सरकारी कर्मचारियों जैसी सुविधाओं की मांग

दिल्ली में वकीलों का प्रदर्शन, केंद्र से की सरकारी कर्मचारियों जैसी सुविधाओं की मांग

राजधानी दिल्ली में मंगलवार को वकीलों ने पटियाला हाउस कोर्ट से जंतर-मंतर तक मार्च निकालकर प्रदर्शन किया. सड़कों पर उतरे वकीलों की मांग है कि केंद्र सरकार उनके लिए एडवोकेट प्रोटेक्शन एक्ट से लेकर मेडिकल सुविधा, इंश्योरेंस, हाउस लोन, पेंशन स्कीम जैसी सुविधाएं सुनिश्चित करे.
इसके अलावा उनकी मांग है कि प्रैक्टिस शुरू करने वाले नए वकीलों को शुरुआती 5 साल में सरकार की तरफ से कुछ वजीफा देना भी तय किया जाए. इस प्रदर्शन को लेकर उनका तर्क यह है कि वो आम लोगों को इंसाफ दिलाने के लिए पूरी जिंदगी काम करते हैं, लिहाजा वकीलों और उनके परिवार को सरकार की तरफ से कुछ सुविधाएं और जीवन सुरक्षा मिली चाहिए.
वकीलों की मांग और प्रदर्शन को बार काउंसिल ऑफ इंडिया, बार काउंसिल ऑफ दिल्ली भी सपोर्ट कर रहा है. वकीलों का कहना है कि उन्हें केंद्र सरकार से ऐसी ही सुविधाएं मिलनी चाहिए जो अमूमन सरकारी कर्मचारियों को मिलती हैं. वकील चाहते हैं कि केंद्र सरकार अपना कार्यकाल पूरा होने से पहले ही वकीलों को यह सुविधाएं मुहैया कराए. हालांकि पार्लियामेंट का सत्र खत्म हो रहा है और आचार संहिता लागू होने वाली है. ऐसे में देखना होगा कि केंद्र सरकार और कानून मंत्री वकीलों की मांगों को कितनी गंभीरता से लेते हैं.
बता दें कि वकीलों के इस प्रदर्शन की वजह से इंडिया गेट और आसपास के इलाकों में घंटे भर ट्रैफिक जाम रहा. इस प्रदर्शन में दिल्ली-एनसीआर के अलावा कई राज्यों के वकील भी इकट्ठा हुए. इस प्रदर्शन के चलते दिल्ली की सभी जिला अदालतों में काम ठप रहा. गौरतलब है कि हाल ही में दिल्ली के मुख्यमंत्री अरविंद केजरीवाल के साथ हुई बैठक में बार एसोसिएशन प्रतिनिधियों ने बात की थी. वकीलों का दावा था कि दिल्ली सरकार 50 करोड़ का सिक्योरिटी वेलफेयर फंड वकीलों के लिए इस बजट में देने को तैयार हो गई है.
अब इस चुनावी साल में देखना होगा कि वकीलों की मांगों को दिल्ली सरकार और केंद्र सरकार में से कौन ज्यादा तवज्जो देता है. अकेले दिल्ली में ही वकीलों की तादाद एक लाख से ऊपर है. लिहाजा कोई भी सरकार इस चुनावी साल में अपने एक लाख वोटरों को नाराज होने का मौका नहीं देना चाहेगी.
Source - Aaj Tak

Feb 11, 2019

सांसदों – विधायको को पेंशन तो कर्मचारियो को क्यों नही

सांसदों – विधायको को पेंशन तो कर्मचारियो को क्यों नही

बिना नौकरी सांसद, विधायक को पेंशन तो कर्मचारियों को क्यों नही

बिना नौकरी सांसद, विधायक को पेंशन तो कर्मचारियों को क्यों नही

कोर्ट की सख्ती के बाद राज्य कर्मियों की हड़ताल स्थगित

कोर्ट की सख्ती के बाद राज्य कर्मियों की हड़ताल स्थगित

Can’t deduct rent of staff who refuses govt accommodation’

Can’t deduct rent of staff who refuses govt accommodation’

An employee’s refusal to occupy a government accommodation unilaterally allotted to him cannot be treated as misconduct and authorities cannot deduct rent towards such accommodation from his salary, the Central Administrative Tribunal (CAT) has ruled.

A bench of CAT chairman VK Bali and member Ramesh Chandra Panda on December 23 said government was obliged to refund the rent deducted from the salary of an employee who had been allotted official accommodation without applying for it.

The ruling came on a petition by Pramod Kumar, a technical officer in Dehradun who was transferred to the research centre of central soil and water conservation research and training institute at Datia in MP on July 24, 2002. The authorities allotted him quarter on June 17, 2003 and directed him to occupy it by June 30, 2003, otherwise rent would be deducted from his salary.

Kumar’s case was that, the said quarter lacked basic amenities like electricity and drinking water and he informed the authorities that he was not interested as his family was in Dehradun. But the licence fee and HRA were deducted from his salary from September 2003.

When he objected, on June 6, 2004 he was asked to look after the maintenance of new office-cum-laboratory building and civil and electrical works of residential quarters and his services were declared as essential.

Rejecting his representations, the authorities on April 12, 2007 directed him to live in the quarter else face action. Notwithstanding his April 26, 2007 reply, Kumar was placed under suspension by an order dated May 11, 2007 under Rule 10(1) of CCS (CCA) Rules, 1965.

A charge memo dated October 9, 2007 was issued to him alleging that as technical officer he disobeyed instructions of the head, research centre, Datia as well as the directions issued to him regarding occupying the quarter allotted. It was alleged that he exhibited lack of devotion to duty and acted in manner unbecoming of a council’s employee. Inquiry was conducted and charges were proved.

The disciplinary authority passed order on July 19 2008 imposing penalty of reduction by two stages from 8300 to 7900 in the time scale of pay of 6500-200-10500 for a period of two years with immediate effect. It was also directed that he would not get increments during the period of reduction and on the expire of this period of reduction would have the effect of postponing his future increment. On his representation, the authorities modified the penalty to non-cumulative but kept the rest as unchanged.

However, the CAT quashed the disciplinary proceedings and directed the authorities to refund the licence fee deducted from Kumar’s salary for the period of non-occupation of the quarter allotted to him.

It also directed that he would also be granted admissible HRA and transport allowance for the period he stayed in rented accommodation.

“The fact remains that applicant discharged his duties and carried out the functions given to him. The only disobedience which has been attributed to

him is non-occupation of the quarter allotted to him… non-occupation of a quarter unilaterally allotted to him by no stretch of imagination could be called as disobedience, less to speak of a misconduct,” the bench said.

‘नई पेंशन स्कीम इतनी ही अच्छी तो सांसदों, विधायको पर भी लागू करो’

‘नई पेंशन स्कीम इतनी ही अच्छी तो सांसदों, विधायको पर भी लागू करो’

Feb 5, 2019

DC Repeals Tipped Worker Wage Law but Imposes New Requirements on Employers of Tipped Workers

DC Repeals Tipped Worker Wage Law but Imposes New Requirements on Employers of Tipped Workers

The District of Columbia Council recently repealed a law approved by voters in a June 2018 referendum that would have fundamentally changed the way tipped workers in the District are paid. Embedded in the repeal legislation, which passed in October 2018 and took effect on December 13, 2018, are provisions that place new and potentially substantial requirements on employers of tipped workers in the District. These new requirements are ostensibly designed to prevent abuse of tipped workers. Because the repeal and its new requirements are now in effect, employers of tipped workers such as restaurants, bars, and other service establishments should immediately take note and plan for compliance.
The repeal legislation, dubbed the “Tipped Wage Workers Fairness Amendment Act of 2018,” (the “Act”) institutes three new major requirements that impact employers and D.C. government: (1) employers of tipped workers must comply with new sexual harassment training requirements; (2) employers of tipped workers must begin to use – if they do not already -- a third-party payroll system that submits payroll data to the District’s Department of Employment Services (“DOES”); and (3) DOES must provide more information to the public on the various labor and anti-discrimination laws in the District and create an internet and phone-based reporting system for public reporting of potential violations.
No later than July 1, 2019, employers of tipped workers must file with the Office of Human Rights (“OHR”) a policy that includes detail on how employees may report instances of sexual harassment to management and to OHR. By the same date, employers must also distribute the employer’s sexual harassment policy to employees and post the policy in a conspicuous place accessible to all employees in the workplace.
Importantly, employers should also take note that they will be required to document instances of sexual harassment reported to management, including whether the reported harasser was a non-managerial employee, manager, owner, or operator, and then report to OHR by July 1, 2019 (and annually thereafter) the number of instances of sexual harassment reported to management and the total number of reported harassers who were non-managerial employees, managers, owners, or operators.
In addition, no later than December 12, 2020, and regularly thereafter, owners, operators, managers, and employees of employers of tipped workers must attend sexual harassment prevention training. Except for managers, this requirement may be satisfied by attending either in-person or web-based training every two years. Managers must attend this biannual training in person. New employees must be trained within 90 days of hire unless the new employee has taken the required training within the preceding two years. While OHR is directed by the Act to design and provide a sexual harassment training course, employers may opt to use a course from a private sector provider that has been certified by OHR. If the employer opts to train using a non-OHR course, the employer must certify to OHR within 30 business days following completion of the training that the employee, manager, owner, or operator has completed the required training. Whether an individual takes the OHR-sponsored training course or a non-OHR course, OHR will maintain records of each individual’s training for at least 5 years.
Third-Party Payroll and Wage Reporting Requirements
Additionally, beginning January 1, 2020, employers of tipped workers (except for hotel employers) must begin using a third-party payroll service. The payroll service (or hotel) must submit a quarterly wage report to DES within 30 days of the end of each quarter, which must certify that each tipped worker was paid at least the required minimum wage, inclusive of gratuities.
Until then, and as of December 13, 2018 (the effective date of the Act), the employer must submit quarterly reports to DOES that itemize the following information: (1) the name of each employee; (2) the number of hours each employee worked each week during the quarter for which the report is being provided; (3) the total pay, including gratuities, received by each employee each week during the quarter for which the report is being provided; (4) the average weekly wage for each employee during the quarter for which the report is being provided; and (5) the employer’s current tip out policy that the employer supplied to the third-party payroll company for calculation of wages during the quarter.
The quarterly reports must be submitted electronically via the DOES employer self-service portal. The Act requires that “before January 1, 2020,” all employers of tipped workers must submit the reports through the portal unless doing so would create a hardship. The portal currently instructs employers as follows:
ATTENTION ALL QUARTERLY FILERS:
Pursuant to DC Code § 32–1009.01. Notice requirements for tipped wages; please be advised that restaurants and other employers having employees that are paid pursuant to § 32–1003(f)(1) (Tipped Employees), must submit a quarterly “Tipped Wage Report” to the Mayor via an Internet-based portal (ESSP) to ensure that employees receive a combined wage and gratuity (tip) income that is no less than the full minimum wage.
Employers and Agents can now upload an electronic file containing tipped wage information. Click here to download the file specification instructions.
Come January 1, 2020, quarterly reports due as of that date must thereafter be submitted via the portal by the third-party payroll services on behalf of the employers they serve, as well as by hotel employers.
The Act also requires that the portal be designed to accept anonymous and non-anonymous wage theft complaints by employees. In addition, DOES must establish a public reporting system that allows employees and other members of the public to report wage-related violations. The reporting system must be available by web and telephone 24 hours a day, 7 days a week each week for the entire calendar year. DOES may investigate reports submitted through this system.
At the time of wage payment, employers must also provide employees with an itemized statement showing the following: (l) the date of the wage payment; (2) gross wages paid; (3) deductions from and additions to wages, including a separate line for gratuities; (4) net wages paid; (5) hours worked during the pay period; (6) the employee’s tip declaration form for the pay period, delineating cash tips and credit card tips; and (7) any other information as the Mayor may prescribe by regulation.
Other New Notices and Miscellaneous Requirements
The law also amends Section 4(g) of The Minimum Wage Act Revision Act of 1992 (the “Minimum Wage Act”) in order to place additional notice requirements on employers of tipped workers. With this amendment, the minimum wage requirements applicable to non-tipped workers will not apply to employers of tipped workers as long as the employer has provided its tipped employees with notice of the following, which must be included in the notice furnished pursuant to section 9(c) of the Act: (1) the provisions of subsection (f) of Section 4 of the Minimum Wage Act; (2) if tips are not shared, that the tipped employee shall retain all tips received; (3) if tips are shared, the employer’s tip-sharing policy; and (4) the percentage by which tips paid via credit card will be reduced by credit card fees. This amendment also requires employers that have a tip-sharing policy to post that policy. Likewise, employers will not be liable to pay the regular non-tipped minimum wage as long as all gratuities received by the employee have been retained by the employee, except that tip pooling is permissible.
Finally, the law establishes a Tipped Workers Coordinating Council, which is intended to be a partnership of tipped workers, employers, and public agencies that promotes a high-quality response to tipped-worker cases of wage theft and unfair labor practices.
What Should Employers of Tipped Workers Do Right Now?
Here’s what employers of tipped workers should do right now to ensure compliance:
File quarterly tipped wage reports on the DOES ESSP portal.
Take steps now to ensure that before July 1, 2019, you have a fully compliant sexual harassment policy that is ready to file with OHR and be distributed to employees and conspicuously posted.
Non-hotel employers of tipped workers should begin looking for a third-party payroll service that can ensure compliance with the Act beginning on January 1, 2020.
Prepare to explore the OHR-sponsored sexual harassment training once it is created, or look for an OHR-certified training course, once OHR has released this information. We will keep you abreast of developments in this area.
For new hires required to be trained within 90 days of hire, provide them with a mandatory robust sexual harassment training and document that training, regardless of whether OHR has yet released its own course or certified any non-OHR courses.
Reach out to local employment counsel to seek advice in areas where the law has failed to provide clarity.
Source - natlawreview

10% Reservation For Economically Weaker Sections – Procedure

10% Reservation For Economically Weaker Sections – Procedure

Reservation for Economically Weaker Sections (EWS) in direct recruitment in civil posts and services in the Government of India
No.36039/1/2019-Estt (Res)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
dated the 31st January, 2019
Subject: Reservation for Economically Weaker Sections (EWSs) in direct recruitment in civil posts and services in the Government of India.
In continuation of this Department’s Office Memorandum of even number dated 19.01.2019, the following instructions are issued in consultation with Ministry of Social Justice and Empowerment and Department of Legal Affairs regarding reservation for EWSs not covered under the reservation scheme for SCs/STs/OBCs in respect of direct recruitment in civil posts and services in the Government of India.
2. QUANTUM OF RESERVATION
The persons belonging to EWSs who, are not covered under the scheme of reservation for SCs, STs and OBCs shall get 10% reservation in direct recruitment in civil posts and services in the Government of India. .
3. EXEMPTION FROM RESERVATION:
3.1 “Scientific and Technical” posts which satisfy all the following conditions can be exempted from the purview of the reservation orders by the Ministries/Departments:
(i) The posts should be in grades above the lowest grade in Group A of the service concerned.
(ii) They should be classified as “scientific or technical” in terms of Cabinet Secretariat [OM No. 85/11/CF-61(1) dated 28.12.1961], according to which scientific and technical posts for which qualifications in the natural sciences or exact sciences or applied sciences or in technology are prescribed and, the incumbents of which have to use that knowledge in the discharge of their duties.
(iii) The posts should be ‘for conducting research’ or ‘for organizing, guiding
and directing research’.
3.2 Orders of the Minister concerned should be obtained before exempting any posts satisfying the above condition from the purview of the scheme of reservation.
4. CRITERIA OF INCOME & ASSETS:
4.1 Persons who are not covered under the scheme of reservation for SCs, STs and OBCs and whose family has gross annual income below Rs 8.00 lakh (Rupees eight lakh only) are to be identified as EWSs for benefit of reservation. Income shall also include income from all sources i.e. salary, agriculture, business, profession, etc. for the financial year prior to the year of application.
Also persons whose family owns or possesses any of the following assets shall be excluded from being identified as EWS, irrespective of the family income:-
i. 5 acres of agricultural land and above;
ii. Residential at of 1000 sq ft. and above;
iii. Residential plot of 100 sq. yards and above in notified municipalities;
iv. Residential, plot of 200 sq. yards and above in areas other than the notified municipalities.
4.2. The property held by a “Family” in different locations or different places/cities would be clubbed while applying the land. or property holding test to determine EWS status.
4.3 The term “Family” for this purpose will include the person who seeks benefit of reservation, his/her parents and siblings below the age of 18 years as also his/her spouse and children below the age of 18 years.
5. INCOME AND ASSET CERTIFICATE ISSUING AUTHORITY AND VERIFICATION OF CERTIFICATE:
5.1 The benefit of reservation under EWS can be availed upon production of an Income and Asset Certificate issued by a Competent Authority. The Income and Asset Certificate issued ‘by any one of the following authorities in the prescribed format as given in Annexure-I shall only be accepted as proof of candidate’s claim as ‘belonging to EWS: –
(i) District Magistrate/Additional District Magistrate/ Collector/ Deputy Commissioner/ Additional’ Deputy Commissioner/ 1st Class Stipendiary Magistrate/ Sub-Divisional Magistrate/ Taluka Magistrate! Executive Magistrate/ Extra Assistant Commissioner
(ii) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/ Presidency Magistrate
(iii) Revenue Officer not below the rank of Tehsildar and
(iv) Sub-Divisional Officer or the area where the candidate and/or his family normally resides.
5.2 The Officer who issues the certificate would do the same after carefully verifying all relevant documents following due process as prescribed by the respective State/UT.
5.3 The crucial date for submitting income and asset certificate by the candidate may be treated as the closing date for receipt of application for the post, except in cases where crucial date is fixed otherwise.
5.4 The appointing authorities should, in the offer of appointment to the candidates claiming to be belonging to EWS, include the following clause :-
“The appointment is provisional and is subject to the Income and asset certificate being verified through the proper channels and if the verification reveals that the claim to belong to EWS is fake/false the services will be terminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of fake/false certificate.”
The appointing authority should verify the veracity of the Income and asset certificate submitted by the candidate through the certificate issuing authority
5.5 Instructions referred to above should be strictly followed so that it may not be possible for an unscrupulous person to secure employment on the basis of a false claim and if any person gets an appointment on the basis of such false claim, her/his services shall be terminated invoking the conditions contained in the offer of appointment
6. EFFECTING RESERVATION – MAINTENANCE OF ROSTERS:
6.1 Department of Personnel and Training had circulated Office Memorandum No.36012/2/96-Estt(Res) dated July 2, 1997 regarding implementation of post based reservation roster. The general principles for making and operating post based reservation roster would be as per the principles laid down in the said Office Memorandum.
6.2 Every Government establishment shall now recast group-wise post-based reservation roster register for direct recruitment in accordance with format given in Annexure II, III, IV and V, as the case may be, for effecting 10% reservation for EWSs interpolating them with the SCs, STs and OBCs. While fixing roster point, if the EWS roster point coincides with the roster points of SCs/STs/OBCs the next available UR roster point has been allotted to the EWSs and also the principle of “squeezing” has been kept in view. While drawing up the rosters, the cadre controlling authorities may similarly “squeeze” the last points of the roster so as to meet prescribed 10% reservation.
6.3 Where in any recruitment year any vacancy earmarked for EWS cannot be filled up due to non availability of a suitable candidate belonging to EWS, such vacancies for that particular recruitment year shall not be carried forward to the next recruitment year as backlog.
6.4 Persons belonging to EWS selected against the quota for persons with benchmark disabilities/ex-servicemen shall be placed against the roster points earmarked for EWS.
7. ADJUSTMENT AGAINST UNRESERVED VACANCIES:
A person belonging to EWS cannot be denied the right to compete for appointment against an unreserved vacancy. Persons belonging to EWS who are selected on the basis of merit and not on account of reservation are not to be counted towards the quota meant for reservation.
8. FORTNIGHTLY/ANNUAL REPORTS REGARDING REPRESENTATION OF
EWS:
The Ministries/Departments shall send single consolidated fortnightly report including their attached/subordinate offices beginning from 15.2.2019 as per format at Annexure-VI. From 01.01.2020, the Ministries/Departments shall upload data on representation of EWSs in respect of posts/services under the Central Government on the URL i.e. www.rrcps.nic.inas on 1st January of every year. All Ministries/Departments have already been provided respective user code and password with guidelines for operating the URL.
9. MAINTENANCE OF REGISTER OF COMPLAINTS BY THE GOVERNMENT ESTABLISHMENT:
9.1 Every Government establishment shall appoint a senior officer of the Department as the Grievance Redressal Officer.
9.2 Any person aggrieved with any matter relating to discrimination in employment against any EWS may file a complaint with the Grievance Redressal Officer of the respective Government establishment. The name, designation and contact details of the Grievance Redressal Officer may be displayed prominently on the website and in the office of the concerned establishment.
10. LIAISON OFFICER:
Ministries/Departments/Attached and Subordinate Offices shall appoint Liaison Officer to monitor the implementation of reservation for EWSs.
11. The above scheme of reservation will be effective in respect of all direct recruitment vacancies to be notified on or after 01.02.2019.
12. All the Ministries/Departments are requested to bring the above instructions to the notice of all appointing authorities, under their control. In case of any difficulty with regard to implementation of the provisions of this OM, the concerned authorities may consult DOP&T through their administrative Ministry/Department.
sd/-
(G. Srinivasan)
Director
Source - Gconnect