Welcome to All India Postal Employees Union, Group 'C', Cuttack North Division, Orissa Circle

Monday, April 3, 2017

Irregularities on LSG Memo..


 No. P3NFPE – Odisha / 13 – 03 / 2017
Dated at Bhubaneswar the 29th  March, 2017
To
Dr. S K Kamila, IPoS
Chief Postmaster General, Odisha Circle
Bhubaneswar – 751 001

Sub :   Submission of Resolutions adopted unanimously in the Circle Council-Cum-Working Committee Meeting on 26.03.2017 of AIPEU, Group-C, Odisha Circle

 Respected Sir,
In spite of a series of correspondences to all concerned, meetings / discussions with Chief PMG, Odisha and with the Secretary (Posts), when LSG DPC was completed ignoring the suggestions of the Staff Side given both by this Circle Union and Postal JCA (NFPE & FNPO), CHQ and when our earlier observations / apprehensions  came out in  its original colour with mixed response of strong resentment and silent support from the staff members, no other alternative was left before this Circle Union but to arrange for an  emergent Circle Council – Cum – Working Committee Meeting which was held in the premises of Ashoknagar MDG, Bhubaneswar – 751 009 on 26.03.2017  in accordance with the Notification issued vide Circle Union letter  No.P3NFPE – Odisha / 08 – 03 / 2017, dated  23rdMarch, 2017 for  discussing the  reality in details to meet the crisis created out of  implementation of the Cadre Restructuring Proposal in Odisha Circle.

All most all the Divisional Secretaries and Circle Union Office Bearers participated in the meeting offering their valuable suggestions pointing out many irregularities in conducting and completing the LSG DPC  hurriedly which are briefed as follows.

1.   Discrepancy in distribution of Posts : Keeping the number of sanctioned strength constant to 3713, the number of PA, LSG, HSG-II and HSG-I were reduced / enhanced from 3516, 101, 48 and 48 to 2398, 931, 301 and 83 ( 75 plus 8 NFG) respectively in Odisha Circle vide Directorate’s letter No.25-04/2012-PE.I, dated 27.05.2016.

But during allotment by Odisha Circle keeping the number of sanctioned strength constant to 3593 posts, the number of PA, LSG, HSG-II and HSG-I were reduced / enhanced from 3398, 103, 45 and 47 to 2390, 931, 189 and 83 ( 75 plus 8 NFG) respectively vide Chief PMG, Odisha Memo No. EST/1-2/Rlg/2016-Corr, dated 24.06.2016 and 20.07.2016 and posts were identified accordingly vide Chief PMG, Odisha Memo No. EST/1-2/Rlg/2016-Corr, dated 07.10.2016.

Accordingly, due to short allotment of posts, 45 ‘C’ Class NDT SOs and 9 HSG-II posts in Odisha Circle could not be upgraded to LSG and HSG-I which is against the spirit of Cadre Restructuring proposal.

Similarly, distribution of 112 HSG-II posts (301 – 189) was remained in suspense in Odisha Circle.

In this context, while observing the distribution of posts in Tamilnadu Circle, it is seen that LSG posts have been created in Divisional Office, PSD, CSD, Foreign Post etc though the Cadre Restructuring Proposal is meant for post offices only. Had Odisha Circle assessed correctly during distribution like Tamilnadu Circle, the 112 undistributed posts of HSG-II could have been created as Supervisors in Divisional Offices, CBS / PLI CPCs, and as APMs in MDGs and HOs and more number of posts under LSG and HSG-I cadre could have been allotted to Odisha Circle to upgrade 45 ‘C’ Class NDT SOs and 9 HSG-II posts to LSG and HSG-I cadre respectively.

Thus, it is crystal clear that there is gross misinterpretation of Directorate order by Circles and uniformity has not been maintained while implementing the cadre Restructuring proposal amongst Circles which needs to be examined by the Directorate. Since only Odisha  and Rajastan Circle have implemented this proposal and 20 Circles are still there to implement it, Circle administration needs to propose the Directorate for additional posts of LSG and HSG-I and redistribute the surplus HSG-II posts remained with them.

2.   Non-circulation of up-to-date Circle Gradation List and omission of senior officials : The LSG DPC was completed by Odisha Circle without circulating the up to date Circle Gradation List of LSG officials to the Staff Side and thus the members remained in dark regarding the correctness of the DPC. Many eligible officials of different Divisions like Dhenkanal , Bolangir and Sambalpur  are omitted without any valid reason.

It is brought to the notice of this Circle Union that 9 officials of Dhenkanal Division who have been promoted to MACP – III recently vide SPOs, Dhenkanal Division Memo No. B/MACP/Corr/ Ch. I dated 11.01.2017 are ignored for no reasons. Similar is the position in Bolangir and  other Divisions.

Thus, Circle administration is required to immediately circulate the up to date Circle Gradation List of LSG officials basing on which the LSG DPC was conducted to establish the correctness of the such DPC.

        3.   Observance of different guidelines : Only Rajastan Circle has implemented the Cadre Restructuring proposal after Odisha Circle till now. LSG promotion of Odisha Circle has been made vide CO, Bhubaneswar Memo No -ST/26-6(I)/2017 dated 23.02.2017 for 834 officials in accordance with CO,BBSR letter No-EST/1-2/Rlg/2016-Corr Dated 7.10.2016 which contains the instructions/guidelines issued vide Directorate letter No-25-04/2012-PE-I dated 27.05.2016. On the other hand,Rajastan Circle vide Memo No-Staff/1065/Postal/2016-17 Dated 10.03.2017  has given LSG promotion to  987 officials on the basis of Directorate letter No-06-08/2010-SPB-II dated 2.1.2012 and instructions contained in Directorate letter No-06-12/2010-SP.II dated 07.03.2011 and 30.11.2011.

On analysis of the LSG memos of both the Circles, it is noticed that LSG promotion have been given by both the Postal Circles on the basis of  different guidelines / instructions of the Directorate and therefore the matter was required to be reexamined about such differences before issue of posting orders in favour  of approved LSG officials of Odisha Circle.

That has not been done creating a lots of confusion amongst the staff members.

       4.   Non-release of Posting orders on same date by the regions: While the posting orders for the approved LSG officials were hurriedly issued by Head Quarters Region, Bhubaneswar  vide C O Memo No. ST/26-6(1)/2017(Postal), dated  22.03.2017, Berhampur Region released the same vide its Memo No. ST / 12 – LSG/2017, dated 25.03.2017 and R O Sambalpur vide Memo No. ST/RO/150-9/2017, Dated 25.03.2017 which was posted on 27.03.2017.

Instances have come to the notice of this Union that officials under Head Quarters Region who are fortunate to be posted in the same offices where they were working earlier immediately exchanged their Charge Reports without waiting for the covering memo of the concerned Divisional Heads. This facility could not be availed by the officials of other regions due to delayed release of memos as cited above.

This will seriously affect the seniority of the officials joining late. Such lapses could have been easily avoided to maintain the seniority of all the officials

5.   No uniformity amongst regions while issuing posting orders to approved LSG officials: As witnessed, considering the welfare of the staff members, requests of officials to post in their home division without TA/TA has been entertained by Berhampur Region. While the Circle Union welcomes such step of R O, Berhampur, expects similar action also from other two regions.

There should not be any discrimination and uniformity should have been maintained amongst the regions.

6.   Injustice to employees of reserved Category: It is seen that the names of some senior officials especially belonging to reserved category are omitted from the approved list of LSG officials issued vide C O, Bhubaneswar Memo No. ST/26-6(1)/2017(Postal), dated 23.02.2017. On query, it was learnt that it is done in accordance with Directorate’s order No. 16-11/2016-SCT, dated 21.10.2016 accompanied the DoPT OM No. 36012/11/2016-Estt (Res), dated 30.09.2016 regarding treatment of SC/ST candidate for reservation in promotion which states, inter alia that no further promotions of reserved category persons  to unreserved posts will be made on the DoPT OM dated 10.08.2010. And DoPT OM dated 10.08.2010 clarified that SC/ST candidates appointed by promotion on their own merit  and seniority and not owing to reservation or relaxation of qualification will be adjusted against  unreserved points of reservation roster, irrespective of the fact whether the promotion  is made by selection method or non-selection method. But, when the DPC is convened purely on seniority-cum-fitness basis, though such officials  may not be promoted against unreserved posts according to the clarification in DoPT OM No. 36012/11/2016-Estt(Res), dated 30.09.2016, they shall be selected according to their seniority beyond the reservation quota.

Contradictorily, on analysis of the Rajastan Circle Memo No-Staff/1065/Postal/2016-17 Dated 10.03.2017 wherein 987 (Nine hundred eighty-seven ) officials have been promoted to LSG cadre, it is observed that LSG promotion has been given strictly as per Seniority and Fitness basis irrespective of category. The details of LSG promotion given in Rajastan Circle are as under.

Total No of LSG Post
in Rajastan Circle
Category of employees to whom LSG given
Total No. of employees promoted  to LSG in Rajastan Circle
% of employees actually promoted to LSG cadre
Reservation % due as per existing reservation rule of Govt of India
987
OC
682
69.09%
--
OBC
5
0.50%
--
ST
130
13.17%
7.5%
SC
170
17.22%
15%
Total
987


      
Thus, there is gross misinterpretation of Directorate / DoPT orders by Circles and uniformity has not been maintained while implementing the cadre Restructuring proposal amongst Circles which needs to be reexamined by the Directorate.

7.   Injustice to Lady & Physically Handicapped employees and employees selected under sportsman quota and Union Office bearers : Postal Directorate vide its letter No. 137-10/2011-SPB.II, dated 18.01.2011 has directed all Circle Heads to identify post offices where basic amenities are not available and take action for providing them immediately. During last 6 years while no such action has been taken either to provide basic amenities or to shift such post offices to suitable accommodations, the Circle administration has violated the above guidelines in posting the lady employees in post offices without basic amenities.

Similarly, in spite of clear instructions to post the physically handicapped  officials near their native places, such officials are inhumanely posted to far off places during the current posting. Illustratively, Sri Kalandi Biswal, Ms. Suprava Acharya of Bhubaneswar Division ( both physically handicapped) have been  posted to  Rasulpur S O  under Cuttack North Division  and Sabaranga under Bhadrak Division respectively. Similarly Sri Susanta Kumar Dash, P A, Sundergarh Division who is spending his life on a wheel chair has been posted as SPM, Remuli under Keonjhar Division. There are many other cases found in the current posting.

In addition, it is observed that employees appointed under sportsman quota and eligible for availing suitable off for practice are posted as SPMs in single handed offices where it is not at all possible to get flexible time fro regular practice  in the present scenario of the Department.

Further, though concession of immunity from transfer from the headquarters of recognized service unions/associations is applicable to their office bearers, the same has not been followed while issuing posting orders by all the three regions.

The above issues could have been taken care of before issuing posting orders in favour of such officials promoted to LSG Cadre in Odisha Circle.

8.   Violation of transfer guidelines for posting of husband and wife in the same station : As per instructions contained in Para – 4 (iii) of DoPT OM No. 28034/9/2009-Estt.(A), dated 30.09.2009, it has been categorically stated that the cadre controlling authority  may post the spouses belonging to the same central service to the same station.

But the above guideline has not been followed while issuing posting orders in favour of the approved LSG officials by any Regions in Odisha Circle.

Illustratively, Smt. Sanjukta Panda, SPM, Medical College SO under Sambalpur Division  has been promoted to LSG and posted to Bolangir Division while her husband Sri Pradeep Kumar Satpathy, P A, Burla MDG has been adjusted in Sambalpur Division consequent upon his promotion to LSG cadre in violation of the above guideline. There are several other cases also in different divisions/regions.

This could have been taken care of before issuing posting order in favour of the approved LSG officials.

9.   Managing unidentified posts like SA/BE/Trainers etc. : The approved list contains the name of some SAs, B Es, Trainers, CPC Supervisors and PLI Group Leaders also who are now posted as LSG SPMs in the identified S Os since the existing  posts  against which these employees are working are neither created nor  identified as LSG.

Now question arises as to how these posts will be manned if they are diverted from the current jobs. There may be complete dislocation in undertaking the day to day activities with regard to system failure and software issues if the experienced S As are diverted. Alternatively, if they are retained in their posts, then the proposed LSG posts against the said officials will remain vacant and the T S  P As may be forced to work  without any financial benefit which will be an injustice to them. 

The situation warrants immediate solution without any kind of compulsion to any cadre.

10.               Irrational posting causing huge financial loss to the Govt. in the form TA on Transfer : It is observed that no rationality has been maintained while issuing posting orders in favour of the approved LSG officials. Officials who could have been posted within 2 / 3 kilometers from their present place of posting are seen posted in far off places which will be an unnecessary  financial burden to the Govt. Such type of postings could have been avoided on the broad principle of minimizing the Inter-station transfers in view of the austerity measure,  matching of human resource with requirement and staff welfare as per transfer guidelines issued from time to time by the Department.

Illustratively,  we can cite some cases of Cuttack North Division.

Sl. No. in C O Memo No. dated 22.03.2017
Name of the Official
Original place of Posting
Posted after LSG promotion
Could have been posted to
Amount of TA that could have been saved
229
Krutibasa Behera
PA, Kendrapara HO
SPM, Karilopatna (15 KM)`
SPM, Baladebjew (3KM)
58600
242
Gouranga Ch. Muduli
PA, Kendrapara HO
SPM, Aul (40KM)
SPM, Thakurpatna(4KM)
58600
248
Rajendra Prasad Dhal
PA, Pattamundai
SPM, Rajnagar (22KM)
SPM Alba(2KM)
58600
255
Susant Ku. Kar
SPM, Jenapur
SPM, Haridaspur (23KM)
SPM, Jenapur(Could have been retained since just posted before 1 year)
50500
Total TA that could have saved only with rational  transfer of 4 officials
226300
   
While as many as 834 officials have promoted and transferred, the loss on account of Transfer TA can be well imagined from the above table which calculated a loss of Rs.226000/- for 4 officials only.

11.               Filling up of resultant vacancies created due to declination of promotion :  After issue of posting orders by all Regional Heads, it is now witnessed that large number of employees, preferably those at Level 7  of Rs.4600/- and those posted outside their parent divisions are declining the promotion to LSG Cadre even without waiting for one month period given by the administration. Thus, the reliving arrangements so far made by concerned Divisional Heads may not be fruitful if an LSG employee has declined his promotion and working in the same post as usual without handing over the charge to the person going to relive him. The situation may be in a dilemma unless his request for declination is accepted by the competent authority and he/she is posted  as P A in some other post offices.

Thus, the resultant vacancies created due to such declination in the parent Division may be filled in by posting back to those surplus officials of the same Division posted outside so that the dislocation in the parent division may be mitigated to a large extent.

12.               Immediate filling up of unfilled identified posts : As witnessed, the existing LSG officials now working against the upgraded HSG-II posts have not been transferred and posted against any vacant LSG posts as required.

Thus,  since several LSG posts are still vacant in different Divisions, the officials posted outside their parent division might have been adjusted against these unfilled posts which may reduce the current dislocation to some extent.

The Circle administration needs to rethink on the issue.

On the basis of the above observations, the Circle Working Committee-Cum-Council Meeting dated 26.03.2017 unanimously adopted some resolutions to be put forth before the appropriate authority / level for immediate redressal within a reasonable time period.

A copy of the said resolutions is attached here with for kind perusal.

Hope, our Chief PMG will take a definite decision to set right the lapses / irregularities within a reasonable time period and give justice to a huge mass of employees now affected due to their promotion to LSG cadre as a part of Cadre Restructuring Proposal for Group-C postal employees in Odisha Circle.

With regards.
Yours faithfully,
Attached : As above.

( BRUHASPATI  SAMAL)
Circle Secretary

Thursday, March 23, 2017

LSG posting memo of our division...







Sarada Prasad Das
Divisional Secretary
Cuttack North Division

Friday, March 17, 2017

Grand success of one-day strike on 16-03-2017...

All the media of Kendrapara edition highlights about the grand success of our Division participation in respect of one-day strike on 16-03-2017.Hence our divisional union thanks and congrats to all comrades for making the one day strike a historical success..

Sarada prasad Das
Divisional Secretary
Cuttack North Division..

Thursday, March 16, 2017

Wednesday, March 15, 2017

Appeal to success one day strike on 16-03-2017..

One preparation commitee meeting held at Kendrapara HO on 14-03-2017 and at Jajpur HO on 15-03-2017.Circle secretaries and division Secretarries addressed the meeting and appeal all the members to success one day strike on 16-03-2017.

Divisional Secretary
Sarada Prasad Das
Cuttack North Division

Monday, March 6, 2017

BLACK DAY -06.03.2017 observed ..


As per Confederation decision BLACK DAY on 06.03.2017 has been obserbed against the betrayal of Central Government Employees by group of Ministers of NDA Government and demanding increase in minimum pay and fitment formula. All members of aur division observed the same..

Shri Sarada Prasad Das
Divisional Secretary
Cuttack North Division

General body meeting on 05.03.2017..




General body meeting of our Union held on 05.03.2017 at Golden Palace,Kendrapara.All members has been well attended. Decision has been taken to success one day strike on 16.03 2017 in toto.Besides that the effect of cadre restructuring, IPPB and CSI has been to discuss..
Shri Sarada prasad Das
Divisional Secretary
Cuttack North Division

Wednesday, March 1, 2017

Facts on cadre restructuring of Postal Employees..


Para 'F' of the Postal directorate cadre restructure order insists that "The vacancies arising out of the restructuring will be filled up only from the amongst the official who fulfill the eligibility criteria  laid down in the recruitment rules  for the post."

So, to fill-up in the newly identified posts, they have to fulfill all the eligibility service conditions, laid down in the recruitment rules.

For example 

For newly identified LSG posts: 5 years of PA service should be completed. 
For newly identified HSG-II posts: 6 years of LSG service should be completed. 
For newly identified HSG-I posts: 5 years of HSG-II service should be completed.

So initially PAs will be called willingness to post at LSG posts as per the circle gradation lists and initially LSG posts only will be filled. Most of the newly identified HSG II/HSG I posts will be vacant only even after implementing this cadre restructure at various circles if eligibility service conditions are not relaxed by the postal directorate.

Myth 2:
Could we decline the LSG promotion, while we sought the willingness by circulating the PA circle gradation list?

Fact:
YES. Employees can decline the promotions offered by cadre restructure. But if the employees declined the promotions, then they will not get any further financial benefits under MACP scheme till getting the promotions. 

However there would be no loss if the MACP III officials are declined the promotion since they have already obtained the maximum financial upgradation as per the present MACP norms.

Myth 3:
Will it be any dislocation from the working office because of the cadre restructure? Will they be posted beyond their working divisions?

Fact :
May be. Those who are accepting the LSG promotions fresh, by the virtue of cadre restructure, then they may or may not be posted within their working division. It is pertinent to mention here that LSG/HSG II/HSG I cadres are circle cadres. However all the possible opportunities will be given to accommodate them within their working division.

Those who are working already in the newly identified LSG posts as PA, they may also be disturbed and posted some other offices. For example now treasurer posts are identified as LSG posts. So the officials working in treasurer post as PA will be disturbed and posted at some other places.

Myth 4:
What would be the financial benefits after cadre restructure?

Fact:
Literally No financial benefit from the cadre restructure to the Group -C employees.

There are ample number of MACP employees available who already got Rs.4600/Rs.4200  grade pay. They will be filled after following due LSG/HSG recruitment rules procedures.

In future also, though service conditions are relaxed to fill-up the remaining HSG-II/HSG I posts, there would NOT be a financial benefit, if MACP 2 and 3 officials are filled up in the newly identified posts.

Myth 5:
Should RT be completed first or cadre restructure?

Fact:
It is advisable to complete the cadre restructure first. 

B class/C class SPM posts may be in the purview of RT. Before cadre restructure those posts are PA cadre. If RT is completed first and those were filled by the PA cadre from the RT due officials, then after cadre restructure those B/C class posts are identified for LSG cadre. So those posts should only be filled up by the LSG officials as per the PA Circle gradation list. So if RT completed first by the PA cadre, then immediate disturbance will arise.

Myth 6:
What is the benefit of Cadre restructure?

Fact :
Till then Group C employees can get only 3 financial upgradations under MACP. They can get the grade pay upto Rs.4600/-. But now the virtue of cadre restructure, new HSG-I(NFG) posts are created for those completed 2 years service in HSG-I cadre. So Group-C employees can reach the Grade pay level Rs.4800 in future.

Myth 7:
After Cadre restructure newly identified LSG officials will do only supervisory work.

Fact:
NO. If they are posted at Treasurer posts (now identified as LSG) they have to do treasurer work. If that treasurer post is allotted with some other branches on interest of service then they have to do look after those branches also.

If LSG promoted officials are posted at B/C class SPM posts then they have to do all the operative and supervisory work already allotted to that SPM posts as per the MDW.

Myth 8.
Cadre restructure is only to Group C employees of postal wing. What about other cadres like Postmaster / RMS/ SBCO

Fact:
NO. After implementing the cadre restructure at Group C cadre of Postal wing, Postmaster Cadre, RMS and SBCO wing cadre restructure will be done one by one as per the bilateral agreement between staff side and department.

Tuesday, February 28, 2017

General body meeting to be held on 5th March,2017..

An important general body meeting will be held on 5th March,2017 (Sunday) at 11A.M for discussion on success of forthcoming oneday strike on 16th March,2017 for restoration of self respect of all the Central Government Employees in general and Postal Employees in particular.All the members are requested to attend the said meeting at Hotel Golden Palace conference hall near new bus stand Kendrapara.

Sri Sarada Prasad Das
Divisional Secretary
Cuttack North Division.

Tuesday, February 14, 2017

Income Tax FAQ

What is considered as salary income?

section 17​​ of the Income-tax Act defines the term ‘salary’. However, not going into the technical definition, generally whatever is received by an employee from an employer in cash, kind or as a facility [perquisite] is considered as salary.

​What are allowances? Are all allowances taxable?

Allowances are fixed periodic amounts, apart from salary, which are paid by an employer for the purpose of meeting some particular requirements of the employee. E.g., Tiffin allowance, transport allowance, uniform allowance, etc.
There are generally three types of allowances for the purpose of Income-tax Act – taxable allowances, fully exempted allowances and partially exempted allowances.​

​My employer reimburses to me all my expenses on grocery and children’s education. Would these be considered as my income?

​Yes, these are in the nature of perquisites and should be valued as per the rules prescribed in this behalf.​​

​During the year I had worked with three different employers and none of them deducted any tax from salary paid to me. If all these amounts are clubbed together, my income will exceed the basic exemption limit. Do I have to pay taxes on my own?
​Yes, you will have to pay self-assessment tax and file the return of income.​

​Even if no taxes have been deducted from salary, is there any need for my employer to issue Form-16 to me?

​​Form-16 is a certificate of TDS. In your case it will not apply. However, your employer can issue a salary statement.​

​Is pension income taxed as salary income?

​Yes. However, pension received from the United Nations Organisation is exempt.​​

​Is Family pension taxed as salary income?

​No, it is taxable as income from other sources.​

​If I receive my pension through a bank who will issue Form-16 or pension statement to me- the bank or my former employer?

​​The bank.​

​Are retirement benefits like PF and Gratuity taxable?

​​In the hands of a Government employee Gratuity and PF receipts on retirement are exempt from tax. In the hands of non-Government employee, gratuity is exempt subject to the limits prescribed in this regard and PF receipts are exempt from tax, if the same are received from a recognised PF after rendering continuous service of not less than 5 years.​

​Are arrears of salary taxable?

​​​​Yes. However, the benefit of spread over of income to the years to which it relates to can be availed for lower incidence of tax. This is called as relief u/s 89​ of the Income-tax Act.​​

​Can my employer consider relief u/s 89 for the purposes of calculating the TDS from salary?

​​Yes, if you are a Government employee or an employee of a PSU or company or co-operative society or local authority or university or institution or association or body. In such a case you need to furnish Form No. 10E to your employer. ​​

​My income from let out house property is negative. Can I ask my employer to consider this loss against my salary income while computing the TDS on my salary?

​Yes, however, losses other than losses under the head ‘Income from house property’ cannot be set-off while determining the TDS from salary.​​

​Is leave encashment taxable as salary?

​​It is taxable if received while in service. Leave encashment received at the time of retirement is exempt in the hands of the Government employee. In the hands of non-Government employee leave encashment will be exempt subject to the limit prescribed in this behalf under the Income-tax Law.​

​Are receipts from life insurance policies on maturity along with bonus taxable?​

As per section 10(10D), any amount received under a life insurance policy, including bonus is exempt from tax. However, following receipts would be subject to tax:
  • Any sum received under sub-section (3) of section 80DD; or
  • Any sum received under Keyman insurance policy; or
  • Any sum received in respect of policies issued on or after April 1st, 2003, in respect of which the amount of premium paid on such policy in any financial year exceeds 20% (10% in respect of policy taken on or after 1st April, 2012) of the actual capital sum assured; or
  • Any sum received for insurance on life of *specified person (issued on or after April 1st 2013) in respect of which the amount of premium exceeds 15% of the actual capital sum assured.
* Any person who is –

i) A person with disability or severe disability specified under section 80U​; or

ii) suffering from disease or ailment as specified in the rule made under section 80DDB.

Following points should be noted in this regard:
Exemption is available only in respect of amount received from life insurance policy.
Exemption under section 10(10D)​ is unconditionally available in respect of sum received for a policy which is issued on or before March 31, 2003.
Amount received on the death of the person will continue to be exempt without any condition.​

Tuesday, January 24, 2017

"TRUST SHALL NOT BE BETRAYED I/R/O 7th CPC"

7th Central Pay Commission has quoted in para - 1.29 of " Foreword " , the following observations of the Supreme Court in the case of Bhupendranath Hazarika and another Vs State of Assam and others (reported in 2013 (2) Sec 516).

"It should always be borne in mind that legitimate aspirations of the employees are not guillotined and a situation is not created where hopes end in despair.......... A sense of calm sensibility and concerned sincerity should be reflected in every step. An atmosphere of trust has to prevail and when the employees are absolutely sure that their trust shall not be betrayed and they shall be treated with dignified fairness ; then only the concept of good governance can be concretized. We say no more."

Unfortunately, the NDA Government and the Group of Ministers consisting of Sri Rajnath Singh, Hon'ble Home Minister, Sri Arun Jaitley, Hon'ble Finance Minister, Sri Suresh Prabhu, Hon'ble Railway Minister who gave assurance on 30th June 2016 that Minimum wage and Fitment formula will be increased and a High Level Committee will be Constituted with a time - frame of four months , have given least concern for the above observations of the Apex Court. Now seven months are almost over. Further there is no guarantee that Allowance Committee will increase the percentage of HRA recommended by 7th CPC. Instead there is every chance, to deny retrospective effect from 01.01.2016 to the revised allowances and it may be implemented prospectively from 01.01.2017 or 01.04.2017, thus denying the eligible arrears for one year or more. It has become certain that the Option - 1 for pensioners recommended by 7th CPC, which is the one and only favourable recommendation, stands rejected. Orders on abolition of Advances including Festival advance and imposing "very good " condition for MACP are issued unilaterally .

Request of the JCM National Council Staff side Secretary to give one more opportunity to present it's case before the Allowance Committee is not conceded by the Finance Secretary, who is the Chairman of the Committee. The request of the JCM Staff side to modify the Terms of Reference of Anomaly Committee is also not yet considered by the Department of Personnel and Training. The Committee constituted for New Pension Scheme is only for streamlining the NPS by making some cosmetic changes as recommended by 7th CPC and not for considering the demand of the JCM Staff side to scrap NPS. Not even a single demand of the staff side submitted to Cabinet Secretary on 10th December 2015, requesting modifications in the recommendations of 7th CPC is settled by the Government. The so-called group of senior officer's committee had, in fact, ridiculed and humiliated the JCM Staff Side standing committee.

The All India Conference of the Confederation of Central Government Employees & Workers held in August 2016 at Chennai had taken a decision to request all constituents of NJCA to revive the indefinite strike , if Government is not ready to honour it's commitment before 30th October 2016.  The AIC had further decided that, in case NJCA is not ready to revive the deferred indefinite strike, then Confederation should organise independent trade union action including strike. Confederation strongly feels that there in no meaning in waiting indefinittely for Government's decision. We cannot cheat the employees like NDA Government. As no consensus decision could be taken in NJCA, Confederation had decided to  go for one day strike and organised country wide demonstrations, mass dharnas and massive Parliament March. Strike notice for one day strike on 15th February 2017 was served on 28th December 2016. Due to announcement of assembly elections in five states by Election Commission of India and 15th February being a polling day, the strike was postponed to 16th March 2017.

Intensive campaign and mobilisation is going on in full swing all over the country. About 13 to 15 lakhs Central Government employees will participate in the strike, with the full support and solidarity of about 34 lakhs pensioners, Central Trade Unions, independent Federations of State Government employees, Bank and Insurance employees and other public sector employees.

After reviewing the participation of employees in the one day strike, Confederation shall explore the possibility of declaring higher form of trade union action including indefinite strike .

Wednesday, January 18, 2017

NJCA MEETING - 17th January 2017

Much awaited meeting of the National Joint Council of Action (NJCA) was held on 17th January 2017 at National Council (JCM) Staff-side office at New Delhi. Leaders of Railways, Defence, Postal and Confederation attended. Detailed discussions were held on the developments that took place after the deferment of the indefinite strike of 11th July 2016 and also on the totally negative attitude of the Government towards the 7th Pay Commission related issues of the Central Government Employees & Pensioners, including increase in Minimum Pay, Fitment formula, Allowances, Pensioner’s Option-I etc.

Unfortunately, there was no consensus regarding revival of the deferred indefinite strike. Hence no decision could be taken. Meeting ended with a decision to meet again after some days. In the meantime NJCA Chairman and Convener may try to meet the Cabinet Ministers who have given the assurances on 30th June 2016 to NJCA leaders.

As there is no immediate possibility for revival of the indefinite strike by NJCA, Confederation National Secretariat has decided to intensify the mobilization campaign and preparation for making the 16th March 2017 one day strike a grand success. All Affiliated Organizations and C-O-Cs are once again requested to make all –out efforts to ensure cent percent participation of employees in the strike. In addition to the campaign programme of National Secretariat members, each affiliated organization and C-O-Cs should chalk out their own separate campaign programme. Please give wide publicity through local print / electronic media and social media like whatsapp, facebook etc.

No doubt, our strike will have a great impact in settling the demands and also in exposing the powers-that-be who betrayed the cause of 33 lakhs Central Govt Employees and 34 lakhs Pensioners.

Somebody should come forward to protest and also, if necessary, to suffer and Confederation is ready for it.

Let Confederation lead and others follow.