New Pay Commission Updates

Archives for April 2019

Grant of Notional Increment on completion of 12 Months of Service

by

Grant of Notional Increment on completion of 12 Months of Service

Grant of Notional Increment on completion of 12 Months of Service on of July of a Calendar Year (After Retirement) for the purpose of Pension to Govt. employees. Dealing with the Pending/ Under Consideration Case

Government of Haryana
Finance Department

No.6/ 183/2018-4PR (FD),

From
The Additional Chief Secretary to Government Haryana Finance Department.

To
1. All of the Administrative Secretaries in Haryana Stale.
2. All of the Heads or Departments in Haryana State.
3.All or the Divisional Commissioners in Haryana State.
4.All of the Deputy Commissioners in Haryana State
5.All of the SDOs (Civil) in Haryana State.

Date Chandigarh the, 03.04.2019

Subject: Grant of Notional Increment on completion of 12 Months of Service on of July of a Calendar Year (After Retirement) for the purpose of Pension to Govt. employees. Dealing with the Pending/ Under Consideration Cases.

Sir,
have been directed to refer to the subject cited above and to state that the Hon’bIe Madras High Court vide its judgment dated 15.9.2017 in CWP No. 15732 of 2017-P.

Ayyamperumal Vs. Union of India had allowed an Annual Increment on notional basis for the purpose Of pensionary benefits to the petitioner on I .7.2013 who had otherwise retired on 30.52013.

The rationale of the judgment was that the Increment has to be granted On completion On full year or service and since the employee concerned had retired on 30.69013 after the fun length of service of one year from 1 .7.2012 to 30.6.2013 he was allowed the Annual Increment as on 1.7.2013 on notional basis for the oi pensionary benefit*.

This judgment was later on upheld in the Hon’ble Supreme Court in SLP No. 22283 of 2018- Union of India Vs. p. Ayyamperumal, decided on
23.7.2018.

A number of cases on the same lines are being received comprising administrative proposals, judgments from the Hon’ble Punjab & Haryana High Court delivered in terms of judgment of Hon’ble Supreme Court ibid.

Further, a number of CWPs, Representations from retired Employees and certain Legal Notices have also been received and have pouring in regularly relying upon the judgment Of Hon’ble Supreme Court ibid.

In view Of the above the matter was considered meticulously weighing all possible pros and cones and since the judgment or Hon’ble Supreme Court ibid has been delivered a case where Central Govt was party.

The Central Govt. has, therefore, been requested vide this Department Letter dated 28.3.9019 to apprise or the latest position in this respect to the Haryana Govt. so that appropriate policy decision may be taken accordingly.

This request has been sent to Central Govt. since the remedy Of Review Application and Curative Petition still subsists with it end it would be in the fitness of things that a decision by the Haryana Govt. may be taken Only after ascertainment of final decision from the Govt. of India. A copy of request dated 28.3.201′ sent to Central Govt. is attached herein.

In view of the above it is requested that all of the pending cases i.e. CWPs/Court Cases, Representations, Legal Notices on the instant subject may be dealt with/disposed of accordingly.

In the decided cases where in a direction has been issued by the Hon’ble High Court/ I-d. Courts to decide the Representations/ Legal Notices of the petitioners LEC Petitioners/ Counsel of Petitioners may be informed accordingly.

Likewise, adjournment may he requested in the cases Where Reply is to be fled. ‘The under consideration Representations/ Legal Notices may also be disposed Of in the same terms informing the factual position to the Employees (Counsels concerned. The next line of action be informed in due course.

sd/-
Chief Accounts Officer (PR)
for Additional Chief Secretary to Government Haryana
Finance Department

Endst . No. 6/ 183/2018-4PR(FD)

A copy is forwarded to the Accountant General Haryana, (A&E) and (Audit), Chandigarh for information.

Chief Accounts Officer (PR)
for Additional Chief Secretary to Government Haryana,
Finance Department
“CONSERVE WATER – SAVE LIFE”

Government of Haryana
Finance Department

No. 6/ 183/2018-4PR (FD)

To
The Secretary to the Govt. of India
Ministry of personnel, Public Grievance and Pensions
Department of Pension
New Delhi

Date 28th March, 2018

Subject:- Grant of Notional Increment on completion of 12 Months of Service on July of Calendar year (After Retirement) for the purpose of pension to Govt. employees.

Respected Sir,
I am directed to refer to the subject cited above and to state that The Haryana Govt. has broadly followed the pattern Oi Central Govt. in Pay and Pension Structure while its Pay pension Rules pursuant.

To recommendations of Central Pay Commissions. the Pay Rule of 2006 there was a uniform date or grant or Annual Increment being of July of eve-or calendar month Whereas in the 2015 Rules there are two dazes being Of January and of July depending upon the circumstances.

The minimum length of service Lo earn the Annual Increment is uniform In of the Rules i.e. six months of qualifying service.

Some of the retired Officers/ Employees brought to the notice of this Department a judgment dated 25-9.2017 (Copy Attached) of DB Of Hon’ble Madras High Court delivered in CWP No. 15732 of 2017-

P. Ayyamperumal Vs. Union India wherein the Hon tile Madras High Court has allowed the benefit of Annual increment, on notional basis to the petitioner who retired on 30.6.2013 for Pensionary benefits only for the period of I. 7.2012 to 30-62013 though the Increment [ell due on The Operative part of the judgment ibid is reproduced herein below for your ready reference;- The petitioner herein had completed one full year service as on 30.6.2013, but the increment feu due on 1.7.2013, on which date he was not in service.

In view of the above judgment of this Court, naturally he has to be treated as having completed one year of service though the date of increment fans on the next day of his Applying the said judgment to the present case, the writ petition Es allowed and the impugned order passed by the first respondent-Tribunal dated 21.3.2017 is quashed.

The petitioner shall be given one notional increment for the period from 7.7.2012to 30.6.2013, as he has completed one fun year of service, though his increment fell on 01.07.2013, for the purpose of pensionary benefits and not for any other purpose. No Costs.

This judgment was later on upheld by the Hon’ble Supreme Court Of India vide its judgment dated 23.7.2018 (Copy Attached) in SLP NO. 22283 Of 2018 and the inference comes out is that this issue has attained finality until and unless it has been challenged further by the Govt. of India by means Review Application/ Curative Petition, if any.

In view of the legal position as above, the Hon’ble Punjab & Haryana High Court has disposed of number of cases is The same terms against the State of Haryana wherein the retired employees of the Haryana Govt. had demanded similar benefit being affinity Of Rules.

Besides, a. number of CWPs/Court Cases are also sub judice in the Hon’ble High Court and the Haryana Govt is not able to file proper reply therein in view of the judgment Of Hon’ble Supreme Court ibid.

Further, number Of Legal Notices arc also pending and lot more arc also In on regular intervals from the retired employees demanding same benefits and a warning of filing of Court Case in the cage Of denial thereof is also being conveyed

As such: it is kindly requested that the factual position may Se clarified conspicuously as per points mentioned below;

1.As to whether the Govt. of India has further challenged the Aforesaid judgment in SLP by way of RA/Curative Petition and if yes the detail thereof may please be conveyed.
2.If the action to challenge has not been materialized then as to whether it is under consideration.
3.As to whether the same has been implemented and if yes, the copy of relevant Rule/instruction/ Order may please be provided
4.It may please be clarified, in case this judgment has been implemented as to whether the Increment is countable for Pension purpose exclusively or for other retiral benefit i.e. Communication of Pension, DQÜ and Leave Encashment etc.

5.Though the judgment ibid has been delivered keeping in view the Pay Rules 2006 wherein only single date of Annual Increment i.e. 1st July of every calendar year was provided whereas With the commencement or 2016 Rules

[here have been provided two dates of Increments i.e. 1st of January and 1st July. It may, therefore, please he clarified RS to whether it would also apply to Govt. employees retiring after 01.01-2016.

6.As to whether the Govt- of India has accordingly amended or contemplating to amend its Pay and Pension Rules (please clarify conspicuously) to make them compatibIe in view of the factual position as such.

The aforesaid information/ documents may please be provided at the earliest so that the Haryana Govt. may take appropriate decision in all the pending cases accordingly and no awkward position is faced in the Hon’ble High Court/other Ld. Courts.

If this issue does not relate to this Department/ Division then this communication may please refereed transferred to the Department/ Division concerned under intimation to this Department so as to enable it to follow-up the same accordingly With the authority concerned.

Thanking You

DA/ As above

Yours Faithfully,
Chief Accounts Officer
for Additional Chief Secretary to Govt_ Haryana
Finance Department
(Haryana Civil Secretariat, Chandigarh)

Amendment of Rules for Profit attribution to Permanent Establishment

by

Amendment of Rules for Profit attribution to Permanent Establishment

Public Consultation on the proposal for amendment of Rules for Profit
attribution to Permanent Establishment

F.No.500/33/2017-FTD.I
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
(Foreign Tax and Tax Research-I)

New Delhi, dated the 18th April, 2019

Subject: Public Consultation on the proposal for amendment of Rules for Profit attribution to Permanent Establishment-reg.

Taxation of non-residents in India is governed by the provisions of the Income-tax Act, 1961 (“the Act”) and the provisions of the Double Taxation Avoidance Agreement(s) [DTAA(s)] concluded or adopted by the central government under the ‘X)wers conferred under Section 90 or 90A of the Act, respectively.

Under the Act, the income tax is charged for the assessment year in respect of the total income of the previous year of every-person. In respect of a who is a non-resident, the total income includes all income from whatever source derived which is received or deemed to be received or accrues or arises or deemed to accrue or arise in India.

The incomes that shall be deemed to accrue or arise in India are specified in Section 9 of the Act which. inter alia, provides that all income accruing or arising whether directly or indirectly, through or from any business connection in India shall be deemed to accrue or arise in India.

However, in cases where a DTAA is also applicable, taxes on business income of a non-resident can be levied to the extent the same is permissible under such agreement.

Thus, business income of a non- resident can be taxed in India if it satisfies the requisite thresholds provided under the Act as well as the threshold provided in the applicable tax treaty, by a concept of Permanent Establishment (PE). which is defined in Article 5 of Model Tax Conventions and tax treaties.

2. Under Article 7 in the Indian treaties, profits are to attributed to the PE as if it were a distinct and separate entity on the basis of the accu.nts of the PE and where such accounts are not available to enable determination of profits attributable to the PE, the profits attributable to the PE can be determined under the domestic laws. For the application of this method, the Assessing Offiær in India can resort to Rule 10 of Income- tax Rules, 1962.

3. Recognizing the significance of issues relating to attribution of profits to a permanent establishment as well as the need to bring greater clarity and predictability in the applicable tax regime, a Committee was formed to examine the existing scheme of profit attribution to PE under Article 7 of DTAAs and recommend changes in Rule 10 of the Income-tax Rules. The Committee has submitted its report (enclosed herewith) and it has been decided to seek stakeholder’s comments on the Report of the committee.

4. In this regard, suggestions/comments of the stakeholders and the general
public are invited on the following question:

a. What are your views on the recommendations of the Committee as contained in Section 11 ofthe Report? In answering this question please consider the objectives and policy rationale behind the change which have been elaborated in detail in the Report.

5. Comments and suggestions may sent electronically (in word format) at
[email protected] within 30 days of the publication of this the email address
document on website of the Income Tax Department (www.incnmetaxindia.gov.in).

(Deepak Kapoor)
Under Secretary
Foreign Tax & Tax Research Division
Central Board of Direct Taxes

GPF Interest Rate in Tamil Nadu – Between 1.4.2019 and 30.6.2019

by

GPF Interest Rate in Tamil Nadu – Between 1.4.2019 and 30.6.2019 – Orders issued

The Finance Department of Tamil Nadu published an order regarding the interest for General Provident Fund with effect from 1.4.2019 to 30.6.2019

FINANCE [Allowances] DEPARTMENT
G.O.Ms.No.126, Dated 24th April, 2019.
(Vikari, Chithirai-11, Thiruvalluvar Aandu 2050)

ABSTRACT

Provident Fund – General Provident Fund (Tamil Nadu) – Rate of interest for the financial year 2019-2020 – With effect from 1.04.2019 to 30.06.2019 – Orders – Issued.

Read the following:-
1. G.O.Ms.No.25, Finance (Allowances) Department, dated 21.01.2019.
2. From the Government of India, Ministry of Finance, Department of Economic Affairs (Budget Division), New Delhi Resolution F.No.5(2)- B(PD)/2019, dated 3.04.2019. –

ORDER:

In the Government Order first read above, orders were issued regarding fixation of the rate of interest on the accumulation at the credit of the subscribers to General Provident Fund (Tamil Nadu) at 8% for the period from 1st January, 2019 to 31st March, 2019.

2. The Government of India, in its resolution second read above, announced that during the year 2019-2020, accumulation at the credit of subscribers to the General Provident Fund and other similar funds shall carry interest at the rate of 8% (Eight percent) with effect from 1st April, 2019 to 30th June, 2019.

3. The Government now direct that the rate of interest on the accumulation at the credit of the subscribers to General Provident Fund (Tamil Nadu) shall carry interest at the rate of 8% (Eight percent) with effect from 1st April, 2019 to 30th June, 2019.

4. The rate of interest on belated final payment of Provident Fund accumulation remaining unpaid for more than three months of its becoming payable shall be at the same rates as ordered in para-3 above.

(BY ORDER OF THE GOVERNOR)
K. SHANMUGAM
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT

Draft Recruitment Rules (RRs) of Group ‘B’ Gazetted Posts of Civil Engineering Department

by

Draft Recruitment Rules (RRs) of Group ‘B’ Gazetted Posts of Civil Engineering

Draft Recruitment Rules (RRs) of Group ‘B’ Gazetted Posts of Civil Engineering Department of Indian Railway

The draft Recruitment Rules (RRs) of Group ‘B’ Gazetted Posts of Civil Engineering Department of Indian Railway are being uploaded on the official website of Ministry of Railways for seeking comments of stakeholders. Comments/suggestions, if any, on the draft RRs may be sent to email id

sd/-
S.O./E(G)/RR
Railway Board
26.4.2019

Draft Recruitment Rules

(TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTOR 3, SUB-SECTION (i))

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

NOTIFICATION

New Delhi, 25th April, 2019

G.SR (E):- In exercise of the powers conferred by the proviso to article 309 of the Constitution of India and in supersession of the India Railway, Department of Civil Engineering, Group ‘B’ posts Recruitment Rules, 1979, except as respects things done or omitted to be done before supersession, the president hereby makes the following rules regulating the method of recruitment to the post of Assistant Executive Engineer or Assistant Divisional Engineer in the Civil Engineering Department of the India Railways, namely:-

1. Short title and commencement (1) These rules may be called the Indian Railways, Civil Engineering Department (Assistant Executive Engineer or Assistant Divisional Engineer) Group ‘B’ Gazetted Recruitment Rules 2019.

2. Number of post classification and level in pay matrix, – The number of post, its classification and level in the pay matrix attached thereto shall be as specified in columns (2) to (4) of the Schedule annexed to these rules.

3.Method of recruitment, age-limit, qualifications, etc. – The method of recruitment, age-limit, qualifications and other matters relating thereto shall be as specified in columns (5) to (13) of the aforesaid Schedule.

4. Disqualification -No person, –
(a) who has entered into or contracted a marriage with a person having a spouse living; or
(b)who, having a spouse living, has entered into or contracted a marriage with any person, Shall be eligible for appointment to the said post:

Provided that the Central Government, may if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.

5. Power to relax. – Where the Central Government is of the opinion that it is necessary or expedient to do so, it may, it may, by order, for reasons to be recorded in writing and in consultation with the Union Public Service Commission, relax any of the provisions of the rules with respect to any class or category of persons.

6. Saving. – Nothing in these Rules shall affect reservation, relaxation of age-limit and other concessions required to be provided for the Scheduled Castes, The Scheduled Tribes and other special categories of persons, in accordance with the orders issued by the Central Government from time to in this regard.

Aadhaar: CIDR and Servers are Completely Safe and Fully Secure

by

Aadhaar: CIDR and Servers are Completely Safe and Fully Secure

No Breach or Compromise has taken place in UIDAI servers. The CIDR and people’s Aadhaar and biometric data remain safe and secure

Unique Identification Authority of India
Press Statement

17th April 2019

New Delhi: Unique Identification Authority of India (UIDAI) has dismissed the news reports about alleged theft of data of 7.82 crore residents from UIDAI’s Central Identities Data Repository (CIDR) which has been published in a section of media in connection with the news relating to the FIR filed against IT Grid (India) on the basis of a complaint by Telangana Police.

UIDAI said that it’s CIDR and servers are completely safe and fully secure and no illegal access was made to its CIDR and no data has been stolen from its servers.

UIDAI has filed a complaint on the basis of a report from Special Investigation Team (SIT) of Telangana Police that IT Grid (India) Pvt. Ltd has allegedly obtained and stored Aadhaar numbers of large number of people in violation of the provisions of the Aadhaar Act.

Nowhere in the report, the SIT has found any evidence to show that the Aadhaar number, name, address, etc., of the people have been obtained by stealing them from UIDAI servers.

UIDAI clarified that service providers usually collect Aadhaar number, name, address, etc., directly from individuals for providing services. They are required under the Aadhaar Act and Information Technology Act to use these sensitive information only for the purpose for which such information has been collected and are not allowed to share further without the consent of the Aadhaar holders.

If they violate the provisions of Aadhaar Act in collection of Aadhaar numbers from people, their storage, usage, and sharing, they are liable to be prosecuted under the Aadhaar Act.

UIDAI said that through the FIR, the police has been requested by UIDAI to investigate as to for what purpose the Aadhaar numbers were collected from the people by IT Grid (India) and being stored and used by the company and whether any provisions of Aadhaar Act have been violated. The alleged incident has nothing to do with UIDAI’s data and servers.

UIDAI explained that the alleged illegal storage and misuse of Aadhaar numbers by IT Grid (India) Pvt. Ltd are being wrongly projected by a section of media as if Aadhaar servers have been compromised.

It is akin to a case if a company is found to be unauthorisedly storing bank account numbers of people, can one claim that the bank servers have been compromised? The answer will be obviously no.

The company which is unauthorisedly storing bank account numbers of people will face prosecutions under relevant banking and Information Technology and data protection laws. Same is being done against IT Grid (India) in this case.

UIDAI further clarified that mere possession and storage of Aadhaar numbers of people, though may be an offence under the Aadhaar Act under some circumstances, does not put the Aadhaar holders under any harm in any manner whatsoever because for assessing any Aadhaar based services, biometrics or One Time Password (OTP) is also required.

Just like somebody merely knowing the credit card number cannot harm the credit card holder because for using it one requires PIN as a second factor authentication. Similarly, merely knowing Aadhaar number does not put the Aadhaar holder to any risk because for using it, biometric or OTP is required as second factor authentication.

UIDAI said that it is absolutely clear from the above that no breach or compromise has taken place in UIDAI servers. The CIDR and people’s Aadhaar and biometric data remain safe and secure.

People should reject the fear mongering and false news being propagated by few vested interests in this regard.

Important Meeting of Central Executive Committee (CEC) IRTSA On 27.6.2019

by

Important Meeting of Central Executive Committee (CEC) IRTSA On 27.6.2019

NOTICE FOR MEETING OF CEC IRTSA AT CHANDIGARH ON 27-06-2019

INDIAN RAILWAYS TECHNICAL SUPERVISORS ASSOCIATION
(Estd. 1965, Regd. No.1329, website http://www.irtsa.net )

M. Shanmugam, Central President,
# 4, Sixth Street, TVS Nagar,
Chennai- 600050.
Email- [email protected]
Mob: 09443140817

Harchandan Singh, General Secretary,
C.Hq. 32, Phase 6, Mohali,
Chandigarh-160055.
[email protected]
(Ph:0172-2228306, 931613159)

No. IRTSA/CHQ/CEC/2019-1

Dated: 26-4-2019

NOTICE FOR MEETING OF CEC IRTSA AT CHANDIGARH ON 27-06-2019

An important Meeting of Central Executive Committee (CEC) IRTSA shall be held at Dr.Ambedkar Bhawan, Sector 37-A, Chandigarh, from 11 AM to 4 PM on 27.06.2019 to discuss some very crucial & emergent matters – including the following – and to decide the line of action thereon. All Office Bearers and Members of CEC and all Zonal Secretaries of IRTSA are requested to attend the Meeting positively without fail.

AGENDA:
1. Address by Central President IRTSA;
2. Report of General Secretary IRTSA
3. Position of Court case filed by IRTSA for Higher Pay Level for JE & SSE
4. Grant of Group ‘B’ Status for SSE, CDMS, CMS & Sr.Er/IT & Report of Committee on it.
5. Updates on Incentive Revision Committee.
6. 55th Annual Conference & CGB meeting of IRTSA to be held at Lucknow in October, 2019.
7. Review of Financial position of IRTSA & implementation of Financial Rules of IRTSA
8. Steps for organizational mobilization, Membership Drive & augmentation of resources
9. Steps for pursuance of Main Demands & Line of Action thereon;
10. Any other point, with the permission of the Chair.

(Harchandan Singh),
General Secretary, IRTSA

TO: ALL CEC MEMBERS & ZONAL SECRETARIES, IRTSA:
CC FOR INF. & N/A TO ALL SUBUNIT SECRETARIES

Brother Engineers,

1) CEC IRTSA shall be meeting at Dr. Ambedkar Bhawan, Sector 37-A, Chandigarh on 27.06.2019 as per above Notice.

All CEC Members including all Zonal Secretaries are requested to get their both sides reservations done at the earliest and to attend the CEC meeting positively. All are requested to intimate their programme early – especially those reaching a day in advance (i.e. on 26-7-2019) are requested to infirm before hand to arrange for accommodation for them.

2) You are also requested to mobilize the Sub-units in your region & to motivate them to complete the Membership Drive @ Rs.200 PA and pursue them to send the Central Quota to the Central Treasurer or to pay the same to him during the CEC Meeting positively.

3) You are also requested to review the Organisational position at the Unit & Sub-Units in your region and place the same before the CEC in its Meeting for the Mid-term appraisal of Organisational position, feedback & suggestions for effective Line of Action & organizational mobilization.

4) You are also requested to mobilize collection of annual subscription for “Voice of Rail Engineers” from your zone/sub
unit and submit to Manager “Voice of Rail Engineers” during the Meeting.

5) MAIN DEMANDS OF IRTSA: Following main demands need to be effectively pursued and we must draw out an effective strategy for early realization of the same:

a) Recognition of Indian Railways Technical Supervisors Association (IRTSA).

b) Grant of higher Pay Level 8 for JEs & Pay Level 9 for SSEs.

c) Classification of posts of Technical Supervisors (Grade Pay 4600/Pay level-7) in Group ‘B’ Gazetted.
d) Rationalization of Revised procedure for Selection for Group & elimination of procedure for negative marking.
e) Withdrawal of changed criteria of ‘Very Good’ and restoration of ‘Good’ as criteria for MACPS.
f) Implementation of MACPS w.e.f.01.01.2006.
g) Inclusion of training period for the purpose of MACPS.
h) Revision of incentive Bonus as per new pay matrix.

6) Acceptance of following recommendations of Railway Board to MOF (DOE) to provide some relief to stagnating Technical Supervisors – (pending acceptance of above said main demands):
a) Upgradation of posts of JEs to Grade Pay Rs.4600 and upgrade posts of SSE to Grade Pay Rs.4800 as per decision of the Departmental Anomalies Committee.
b) Revised Cadre of 33% JEs in GP Rs.4200, 17% SSE in Grade Pay Rs.4600 and 50% of posts in Grade Pay Rs.4800 in view of their nature of duties and responsibilities.

Hoping for the best of cooperation by all of you, with best wishes, Long live IRTSA!!

General Secretary, IRTSA

Source: http://www.irtsa.net