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The General Manager/ CAOs, All Zonal Railways/ Production Units (As per mailing list)
Sub: Sharing of judgement - Judgement dated 09.09.2016 of CAT / Patna Bench in OA. No. 441/2014 (Dharmendra Singh & Ors Vs UoI Ors) on the issue of fixation of pay with reference to higher pre-revised pay scales of the upgraded/ merged scales w.e.f the date of promotion.
A number of court cases have been filed by the employees viz. Section Officer (A)/ Sr. Section Officer (A) etc. (in the pro-revised scales ofRs. 6500-10500/ 7450-11500) of various Railways before various benches of Hon‘ble Central Administrative Tribunal seeking fixation of pay in the revised pay structure of grade pay of Rs. 4800/- based on upgraded pay scale in pre-rcvised terms viz. Rs. 7500-12000 from the date of their promotion. Similarly, some employees of certain other categories in scale Rs. 6500- 40500 have filed cases for fixation in revised pay structure of l’B-Z GP Rs. 4600 based on fixation table of pre-revised scale Rs. 7450-11500. The issue has been gone into the merits by CAT/Patna vide their judgement dated 09.09.2016 in O.A. No. 441/2014 (Dharmendra Singh & Ors Vs Uo1 & Ors). Hon’ble Tribunal has dismissed above oA vide orders dated 09.09.2016 (copy
enclosed) holding as follows:-
“43. As we have stated earlier, the claim of the applicants is not tenable as per the rules. This Bench in GA No. 442/2014 did not examine the matter independently. Rather, the direction was to extend the benefit of the judgement of Allahabad Bench subject to the outcome of the SLP. The Allahabad Bench judgement has already been examined in detail by the Principal Bench and the Full Bench and found not acceptable. We have also examined the Rules in detail and given our conclusions
44. On detailed examination, we have come to the conclusion that the applicants’ prayer is not acceptable. All these reasonings which we have given in detail in this order and our independent examination were not available before the Hon 'ble Patna High Court. It also appears that the judgements of the Principal Bench and the Full Bench of the Tribunal referred to above were not before the Hon 'ble Patna High Court.
45. Accordingly we find no merit in the OA. The OA is therefore dismissed with no order as to costs."
2. The Railways may bring the above position to the notice of Railway Advocate contesting such other cases and take necessary action to file a copy of above judgement before the respective Tribunals.
3. Receipt of this letter may please be acknowledged.
Procedure for Generating Jeevan Pramaan / Digital Life Certificate (ver1.0)
1. What is Jeevan Pramaan (JP):
There are more than one crore pensioners in the country including pensioners from Central Government and Defense personnel. These pensioners get their due pension through Pension Disbursing Authorities (PDAs) such as the banks, the post offices etc.
Pensioners are required to furnish a “Life Certificate” to these PDAs in November every year either by presenting themselves personally or by delivering a life certificate in the prescribed format. The requirement to produce this certificate causes huge hardships particularly to the aged and or / infirm pensioners.
Launched by Hon. PM Shri. Narendra Modi ji, on 10th Nov 2014, Digital Life Certificate for Pensioners Scheme of the Government of India, known as the Jeevan Pramaan (JP) seeks to address this very problem by digitizing the whole process of securing the life certificate. It enables the pensioner to generate a digital life certificate using a software application and secure Aadhaar based Biometric Authentication System. The Digital Life Certificate (DLC) so generated is stored online & can be accessed by the pensioner & the Pension Disbursing Agency as and when required by them.
2. Components of the J P/ Digital Life Certificate
There are three basic components of the Jeevan Pramaan /Digital Life Certificate:
A. The Pension Sanctioning Authority (PSAs)
It is the authority which approves and sanctions the pension of an individual. The Pension is to be delivered in the Pension Account specified in the Pension Payment Order (PPO).
B. The Pension Disbursing Agency (PDAs)
The Pension Disbursing Agencies process the DLC of the pensioners. The PDAs can register on the Jeevan Pramaan Portal to access the Life Certificates on-line. This account sign up facility has been created for the PDAs (Banks, Post Office etc), to process pension orders. The Agencies can securely login to view/ download a PDF copy of DLC of Pensioner for processing.
C. The Pensioners:
The JP uses the Aadhaar platform for biometric authentication of the pensioner. For the DLC generation the pensioners needs to have Internet Connectivity, a biometric device (list of supported devices is given on the JP portal) and JP Windows/Android Client Application Software for PC/Mobile/tablet which can be downloaded from the Jeevan Pramaan portal: https://jeevanpramaan.gov.in/
3. Pre-Requisites for Digital Life Certificate Generation
i) The pensioner must have a Aadhaar number
ii) The pensioner must have an existing mobile number
iii) Registration of the Aadhaar number with Pension Disbursing Agency ( bank Post Office etc) should have been done already
iv) Biometric device (list of supported devices is given on the JP portal)
v) PC with Windows 7.0 & above Android Mobile/Tablet 4.0 & above
vi) Internet Connectivity
4. Generation of Digital Life Certificate – Where & How
The Pensioners can either Generate DLC themselves or Let Others do it for them. The Pensioner can register and get a JP/DLC done at the below places:
i) Pensioner can download the JP application (Generate DLC themselves) from the JP Portal https://jeevanpramaan.gov.in/app/download & install client application on android based smart Phone/tablet or Windows PC/Laptop for DLC generation.
ii) Pensioner can visit any nearest Centre (having facilities for digital services) like the Citizen Service Centre (CSC), the Government Office /Banks designated for generating the DLCs and get themselves registered online using their services. Pensioner might have to pay nominally for this). The All India List of such CSCs (name & address) in various States across India is posted on JP portal at: https://jeevanpramaan.gov.in/locater
5. The Two Step process with Client Application for the Online DLC:
The Pensioner can download the Jeevan Pramaan Windows & Android client software from the portal. The client software will take care of registration for the life certificate, for authentication it will use the Aadhaar Biometric Authentication platform.
This link will be made available after submitting the e-mail address. The pensioner or the operator needs download the client application as per their requirement.
Generation of DLC using the Client Application Software (the registration and generation of Jeevan Pramaan) gets done in two basic steps:
5.1 Operator Authentication /Device Registration
It is required to authenticate /register the biometric device (this one time only for a particular biometric device whether it’s the agencies doing the DLC generation or it is being done by the pensioners herself/himself). The operator / pensioner provide Aadhaar Number and a Mobile number and receive an OTP which is provided in the online application form/ software module for registration.
On entering correct OTP, below screen shall be presented. Provide Name & Email ID and click ‘Scan Finger’. Scan finger-print on finger-print scanner or scan Iris (Eye) on Iris Scanner connected to PC/mobile/tab.
once the finger-print/Iris is authenticated, the system displays ‘Device Registration successful’ message on the screen as shown in the screen below. Click on OK.
On clicking OK, Pensioner Authentication Screen appears. Pensioner now has to move to the Next step 2 -For Pensioner Authentication.
5.2 Authentication and Certificate Generation
The pensioner data Aadhaar Number and Mobile number is to be entered in the online application form after which the pensioner receives an OTP.
The pensioner has to enter the OTP and click OK (See Screen shot below)
If correct OTP is entered, following screen is presented. On next screen given below, enter mandatory information like Pensioner Name, PPO Number, Type of pension, name of Sanctioning Authority, Disbursing Agency, email and Bank Account number etc. Select Remarried options, Re-Employed Options.
Check small grey box as shown below. Then click ‘Scan Finger’ button & this will start the finger/Iris scanning process.
Once the Finger Print/Iris Authentication is successful, the life certificate of the pensioner is displayed as shown below and an SMS acknowledgement is sent to the pensioner’s mobile number. This sms has Jeevan Pramaan Certificate ID. The generated certificates or DLCs are stored in the Life Certificate Repository and is available anytime & anywhere for use by pensioner & Pension Disbursing Agency.
6. Electronic Delivery of DLC
Once the certificate is generated, the Pramaan ID is sent in a sms to the pensioner for further use (print). The Digital Life Certificate or the Jeevan Pramaan can also be electronically delivered to the Pension Disbursing Agencies. The PDAs can access and view the Life Certificate on the Jeevan Pramaan website and also download the same The PDAs can get in touch with Jeevan Pramaan team, to enable the e-delivery facility as well as for login access.
7. Pensioner Access to the JP/DLC
The Pensioner can have the DLC available not only at the time of DLC generation but the can also download a PDF copy of the generated digital certificate from Jeevan Pramaan website(https://jeevanpramaan.gov.in/) by using the generated Jeevan Pramaan ID or Aadhaar number.
The Jeevan Pramaan /Digital Life Certificate application is simple and easy to implement and leaves out the difficulties which the pensioners face in production of life certificates every year. It also reduces the chances of wrongful disbursal of pension.
Clarification of Status of Political Parties under Income Tax Act, 1961
There have been some newspaper reports which seem to wrongly suggest that there cannot be any scrutiny of Income-tax returns of political parties registered with the Election Commission in the context of deposits of old currency notes. This inference seems to have been drawn because of the fact that the income of the political parties is exempt from Income – Tax under Section 13A.
In this context, the following clarifications need to be kept in mind :
(i) The exemption from Income-Tax is given to only registered political parties subject to certain conditions, which are mentioned in Section 13A, which includes keeping and maintaining books of accounts and other documents as would enable the Assessing Officer to deduce its income therefrom;
(ii) In respect of each voluntary contribution in excess of Rs. 20000, the political party will have to maintain a record of such contributions along with the name and address of such person who has made such contribution;
(iii) The accounts of each such political party is to be audited by a Chartered Accountant; and
(iv) The political party has to submit a report to the Election Commission about the donations received within a timeframe prescribed.
There are enough provisions in the Income Tax Act to scrutinise the accounts of the political parties and these political parties are also subject to other provisions of Income-Tax, including filing of return.
NEW DELHI: Retirement fund body Employees Provident Fund Organisation (EPFO) on Monday reduced interest rate on provident fund deposits to 8.65 per cent for 2016-17 from the current 8.8 per cent.
The decision to reduce the interest rate by 0.15 per cent was taken by EPFO's apex decision making body, the Central Board of Trustees (CBT), headed by the Labour Minister
The move is in line with the falling rate regime which has seen RBI cut key lending rates and banks reducing deposit rates, something that has gathered pace following the demonetisation of Rs 500 and Rs 1,000 notes last month.
The retirement savings agency opted for recommending the lower rate, which needs to be notified by the Finance Ministry, based on its projected earnings and expenditure projections for the current financial year.
Union representatives on the EPFO board of trustees sought that the rate be retained at last year's level but the agency opted to take a decision based on its finances.
As per the EPFO income projections of Rs 39,084 crore for the current fiscal, providing 8.8 per cent rate of interest on EPF deposits will leave a deficit of Rs 383 crore. There would be a surplus of about Rs 69.34 crore if In September, the government reduced interest rates on small savings schemes marginally by 0.1 per cent for the October-December quarter of 2016-17, which resulted in lower returns on PPF, Kisan Vikas Patra, Sukanya Samriddhi Account, among others.
The total corpus in EDLI administration account as on March 31, 2016 is Rs 2,372.83 crore. The interest generated on such a corpus would be around Rs 17.5 crore annually.
The Finance Ministry had earlier this year decided to lower interest on EFF for 2015-16 to 8.7 per cent from the 8.8 per cent approved by the CBT.
The government had to roll back the decision and provide 8.8 per cent rate of interest on EPF deposit for 2015-16 following protests by trade unions.
Tenders of SBNs in excess of ₹ 5000 into a bank account will be received for credit only once during the remaining period till December 30, 2016. The credit in such cases shall be afforded only after questioning tenderer, on record, in the presence of at least two officials of the bank, as to why this could not be deposited earlier and receiving a satisfactory explanation. The explanation should be kept on record to facilitate an audit trail at a later stage. An appropriate flag also should be raised in CBS to that effect so that no more tenders are allowed.
Tenders of SBNs up to ₹ 5000 in value received across the counter will allowed to be credited to bank accounts in the normal course until December 30, 2016. Even when tenders smaller than ₹ 5000 are made in an account and such tenders taken together on cumulative basis exceed ₹ 5000 they may be subject to the procedure to be followed in case of tenders above ₹ 5000, with no more tenders being allowed thereafter until December 30, 2016.
It may also be ensured that full value of tenders of SBNs in excess of ₹ 5000 shall be credited to only KYC compliant accounts and if the accounts are not KYC compliant credits may be restricted up to ₹ 50,000 subject to the conditions governing the conduct of such accounts.
The above restrictions shall not apply to tenders of SBNs for the purpose of deposits under the Taxation and Investment Regime for the Pradhan Mantri Garib Kalyan Yojana, 2016.
The equivalent value of specified bank notes tendered may be credited to an account maintained by the tenderer at any bank in accordance with standard banking procedure and on production of valid proof of Identity.
The equivalent value of specified bank notes tendered may be credited to a third party account, provided specific authorisation therefor accorded by the third party is presented to the bank, following standard banking procedure and on production of valid proof of identity of the person actually tendering, as indicated in Annex-5 of our circular cited above.
Subject: Restriction on Deposit of WOS Notes into SB Account
Kindly refer to the SB Order No. 12/2016 dated 08.11.2016 (Para No. 02 (iii) ) regarding deposits of WOS Notes. There is a partial modification in the acceptance of deposits of WOS notes. RBI vide their notification number RBI/2016-17/189 DCM (Plg) No. 1859/10.27.00/2016-17 dated 19.12.2016 has decided to place certain restrictions on deposit of SBNs (Specified Bank Note/WOS Notes) into the accounts by allowing deposits in excess of Rs. 5000/- will be received for credit only once during the period till December 30th, 2016. Copy of the RBI notification is attached herewith.
It is requested to kindly issue necessary instructions to all concerned in this regard.
Grant of Dearness Relief to Central Government Employees who had drawn lump sum amount on absorption in a PSU/Autonomous body and are in receipt of 1I3rd restored commuted portion of pension. - Revised rate effective from 1.7.2016.
New Delhi: Central government employees have been demanding a better monthly pay package under the 7th Pay Commission, and demanding reinstatement of all the allowances abolished or subsumed by the pay panel.
The government, even set up a committee in July under Finance Secretary Ashok Lavasa to look into the Allowances related grievances of central government employees. Though the committee was to submit its report within 4 months, it is yet to come out with its report.
Now, the committee has received extension up to February 22 to submit its report.
Even, considering the statements made by the RBI governor Urjit Patel in the last bimonthly monetary policy announced on December 7, it seems that higher allowances, if at all, will not come before March 2017 i.e. the next financial year.
As the RBI Governor said that disbursement of salaries and arrears under 7th Pay Commission award has not been disruptive to inflation outcomes, he added that the extension of two months given to the Ministry of Finance to receive the notification on higher allowances under the Pay Commission’s award, could push it's fuller effect into the next financial year, rather than this financial year.