Latest 7th Pay Commission News

LARSGESS Termination

The undersigned has discussed the issue of LARSGESS with the Chairman and Member Staff, Railway Board, whereupon they have agreed to review and amend Railway Board’s letter No.E(P&A)I-2015/RT-43( RBE No.150/2018) dated 26.09.2918; vide which Railway Board issued instructions to the General Managers of All Indian Railways to terminate the LARSGESS w.e.f. 27.10.2017.

Appointment on Compassionate Grounds: 2nd Wife Policy Letter

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

RAILWAY BOARD

RBE No.42/2018

New Delhi, dated 21.03.2018

The General Manager(P)

All Indian Railways & PUs.

Sub:Appointment on Compassionate Ground

The issue Of considering appointment on compassionate grounds(CG) to sons/daughters, born through Other than first legally married wife has been engaging the attention of this Ministry for quite some time, in the backdrop Of partial quashing of CG related instructions contained in this Ministry’s letter dated 02.01.1992 regarding such appointments, by the Hon’ble High Court/Calcutta in the case(WPCT 20 of 2009) Namita Goldar & Ors. Vs 1301 & Others.

2. In this regard, Railway Board has taken into account following observations of the Hon’ble Supreme Court, on the subject of CG appointment, in the case of State Bank of India & another Vs Rajkumar, (Civil appeal No. 1641 of 2010):

“it is now well settled that appointment on compassionate grounds is not a source of recruitment. On the other hand it is an exception to the general rule that recruitment to public services should be on the basis of merit, by an open invitation providing equal opportunity to al/ eligible persons to participate in the selection process. The dependants of employees, who die in harness, do not have any special claim or right to employment, except by way of the concession that may be extended by the employer under the Rules Or by a separate scheme, to enable the family of the deceased to get over the sudden financial crisis. The claim for compassionate appointment is, therefore, traceable only to the scheme framed by the employer for such employment and there is no right whatsoever Out side such scheme….”.

3. Railway Board has also taken into account following observation of Hon’ble High Court of Jharkhand (Ranchi) in writ petition No. WP(S) 16 of 2014 (pronounced on 24.07.2014) “Compassionate appointment is a matter of policy of the employer and the employer cannot be compelled to provide compassionate appointment contrary to its policy/scheme. When there is

specific circular which clearly provides that the children of second marriage of the employee shall not be eligible for compassionate appointment, no direction can be issued to the respondents to consider the case of the petitioner.”

4. The matter has been examined and in Supersession Of this Ministry’s letter dated 02.01.1992 issued under RBE No. 01/1992 and No. dated 03.04.2013, it has been decided that the first right of being considered for compassionate grounds appointment is vested, in cases Of death Of Railway servants while in service, with the legally wedded surviving widow provided she has not remarried at the time of making request for appointments on compassionate grounds. It is clarified that in cases of those Railway Servants who are governed by the Hindu Marriage Act, 1955, there can only be one legally wedded wife/widow, as second marriage, while spouse is living, is void/voidable in view of the Section 5(1) read with Section 11 of the Act. In this respect, Railway Board’s letter NO. GS 1-1 dated 10.04.1992 connects.

5. If aforementioned legally wedded surviving widow does not want herself to be considered for compassionate grounds appointment, she can nominate, for CG appointment, a “bread winner” for the family from amongst the following:

(a) In cases of those Railway Servants who are governed by the Hindu Marriage Act, 1955. Son(including adopted son); or daughter(including widowed/ adopted/ married/divorced daughter). However, if such Railway Servant has left sons/daughters, who have been treated as legitimate Or deemed to be legitimate, under Section 16 of Hindu Marriage Act, 1955, neither widow can nominate them as bread winner for CG appointment nor such sons/daughters can claim CG appointment.

(b) In cases Of those Railway Servants who are governed by their respective Personal Laws: Son(including adopted son); Or daughter(including widowed/ adopted/ married/divorced daughter). 

However, if such Railway Servant has left sons/daughters through second/subsequent legally valid marriages, i.e. other than through first wife and deceased Railway Servant have failed to Obtain requisite permission for such second/subsequent marriage as required under section 21 (relating to restrictions regarding marriage) Of the Railway Services (Conduct) Rules, 1966, neither first widow/second/subsequent widow can nominate such sons/daughters as bread winner for CG appointment nor such sons/daughters can claim CG appointment. Moreover, such Second/subsequent widow also would not have any right to seek compassionate grounds appointment.

6. All Zonal Railway/PUs/Units are directed to decide cases accordingly.

Please acknowledge receipt.

(Neer Kumar)

Director Estt. (N)ll,

Railway Board

Authority: http://www.indianrailways.gov.in

Grant of One Time Relaxation for Compassionate Appointments – BPMS

Govt. of India, DoP&T O.M. No. 14014 / 6 / 94- Estt (D) dated 09th Oct 1998 read with O.M. No. 14014/23/ 99- Estt (D) Dated 03rd Dec 1999 has a provision to give a compassionate appointment to one of the dependent for the survival of his family, if the employee unfortunately dies during his service period; leaving his family behind to survive, but it is limited to 5% of the vacancies falling under direct recruitment quota in any Group ‘C’or ‘D’ post. Not only this, under this 5% quota DR of Group ‘C’ & ‘D’ defence civilians, the dependants of Group ‘A’ & ‘B’ defence civilians and all uniformed personnel (of Army, AirForce & Navy) are being granted compassionate appointment but the 5% vacancies under DR of Group ‘A’ & ‘B’ defence civilians and uniformed personnel are not added. Due to this, a large number of wards are waiting for their appointment on compassionate grounds to look after the family.

This federation has made lot of efforts on the subject and it may be noteworthy to mention the following correspondence (1) BPMS Letter No. BPMS / MOD / Comp. Apptt. /219 (8/3/L) . dated 04.04.2016 (2). Hon’ble RM’s DO No. 4930/VIP/RM/2016, dated 02.06.2016 (3). MOD ID No. 19(1)/2016-D(Lab), Dated 05.07.2016 (4). OFB letter No. 039(6)/PER/POLICY, Dated 14.07.2016.

Further, this issue has been discussed on several occasion with the present Raksha Mantri also but no action is seen as yet.

On the other hand, the families of dependents are suffering and are becoming desperate on account of inaction on such an important and sensitive issue.

The Central Executive Committee Meeting being held at Dehu Road (Pune) took serious cognizance of the issue and demands that the Government should take immediate necessary steps to solve the issue.

Resolution passed on 28/03/2018.

Scheme for Compassionate Appointment – Relative merit points and revised procedure for selection

Principal Controller of Accounts (Ordnance Factories), Kolkata published on 5.2.2018

Ministry of Defence (Finance)

Block, New Delhi

DAD – Coord

Room No.24-A, South Block, New Delhi

Sub: Scheme for Compassionate Appointment – Relative merit points and revised procedure for selection.

A copy of Ministry of Defence D(Lab) ID No.19(2)/2017-D(Lab) dated 09.01.2018 on the above subject is forwarded herewith for information and necessary action please.

sd/-

(Rajesh Kalia)

SO (DAD-Coord)

Ministry of Defence

D(Lab)

Sub: Scheme for compassionate appointment – Relative merit points and revised procedure for selection.

The undersigned is directed to say that the Department of Personnel & Training under the Ministry of Personnel, Public Grievances and Pensions is the nodal department for Government of India’s Scheme for compassionate Appoinment. While considering requests for compassionate appointment, a balanced and objective assessment of financial condition of the families of the applicants has to be made taking into account the assets and liabilities and other relevant factors. The main object of the Scheme is to alleviate the family of the deceased government servant/member of the Armed Forces from indigence and help it get over the emergency. Accordingly, vide Ministry of Defence I.D. No.271/93/D(Lab) dated 2.11.93, Ministry of Defence had developed a 100-point weightage system containing various parameters/attributes to decide the most deserving cases amongst the large number of Defence ID No. 19(4)/824-99/1998-D(Lab) dated 9.3.2001. Consequent upon implementation of the 6th CPC Report, parameters of all these attributes were further revised in 2010 vide MoD note No. 19(3)/2009/D(Lab) dated 22.1.2010 and 14.5.2010. Presently, the attributes on 100-points scale are – Quantum of Family Pension (20 Points); Terminal Benefits (10 points); Monthly income of family from other sources (05 points); Movable/immovable property held by the family (10 points); No. of dependents (15 points), No. of unmarried daughters (15 points); No. of minor children (15 points) and Left over service (10 points). As per the parctice, compassionate appointment is given to the highest score earner.

2. Now, consequent upon implementation of the 7th CPC pay structure, the finacial parameters are required to be revised again. Certain organisations/ formations under Ministry of Defence have been requesting for revision of relative merit points and procedure for selecting the most indigent applicant(s) for compassionate appointment after death/medically boarding-out of the Government servant/member of the Armed Forces on whose income the family was wholly dependent.

3. As per 7th CPC structure, the minimum pension stands revised from Rs.3,500 p.m. (as per 6th CPC) to Rs.9,000 p.m. which approximately comes out to be 2.57 times the old pension. The Govt. of India have also approved this factor of 2.57 for working out revised pay, based on which DCRG, Family Pension and Leave encashment are calculate. Accordingly, the monetary parameters/attributes such as Family Pension, Terminal Benefits, Monthly income of earning member(s) and income from property and lates market value of the Movable/Immovable property have been revised by the multiplying the fitment factor of 2.57 or so, for arriving at the present-day weightage points. However, other non-monetary parameters/attributes viz. No. of Dependents, No. of Unmarried Daughter, No. of Minor Children and Leftover Service have been kept unchanged.

4. Accordingly, with the approval of the competent authority, various parameters on the 100-points scale of weightage system stand revised as under with immediate effect:-

(a) Basic Family Pension / Monthly Amount received under National Pension System

(20 points)

(d) Movable/immovable property of the family (Latest Market Value including Fixed Deposit/Bank balance etc. but excluding the lump sum amount received as mentioned in (b) above

(10 points)

5. the revised guidelines will take place with immediate effect. However, cases already considered by the Boards of Officers constituted for considering requests for compassionate appointment as per the previous guidelines need not be re-opened.

6. However, for considering belated requests for compassionate appointment where the death/disablement of Govt. servant/member of Armed Forces took place long ago, weightage points towards ‘Terminal Benefits’ may be awarded in the following manner:-

(a) For cases where death of the deceased Govt. servant occured prior to 9.3.2001, parameters of ‘Terminal Benefits’ given in MoD ID note dated 2.11.1993 will be applicable:

(b) For cases where death of the deceased Govt, servant occurred on or after 9.3.2001 till 21.1.2010, parameters of ‘Terminal Benefits’ given in Mod ID note dated 9.3.2001 will be applicable: and

(c) For cases where death of the deceased Govt. servant occurred on or after 22.1.2010 till 31.12.2015, parameters of ‘Terminal Benefits’ given in MoD ID note dated 22.1.2010 will be applicable.

7. All the concerned are advised to strictly follow these weightage points and guidelines keeping in view the instruction issued by the DoP&T/MoD, from time to time for assessing comparative merit of the applicants for compassionate appointment.

(S S S SARMA)

Director (Estt. & CP), Govt. of India

Authority: www.pcafys.nic.in

7th CPC Minimum Educational Qualification for appointment in Level-l of the pay matix on compassionate grounds

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

No. E(NG)II/2016/RR-1/12 (3192238)

New Delhi, dated 18.12.2007

The General Manager (P),

All Zonal Railways/Production Units I

(As per standard mailing list)

Sub:. Minimum educational qualification for appointment in Level-l of the pay matix of 7th CPC on compassionate grounds

Attention is invited to instructions issued vide this Ministry’s letter under RBE No.73/2017 dated 27.07.2017 and RBE No. 192/2017 dated 11.12.2017, laying down minimum educational qualification for recruitment of staff from open market to posts in Level-l of the pay matrix of ih CPC (earlier Grade Pay Rs.1800/-), through all modes, against direct recruitment quota in various departments. Since, appointment on compassionate grounds ~e made against direct recruitment quota vacancies, the qualification prescribed for posts against direct recruitment quota are equally applicable for considering appointment on compassionate grounds.

The matter has been reviewed, owing to difficulty being faced, in appointment of candidates on compassionate grounds, it has been decided that such candidates who have passed 10th standard but is not in possession of technical qualification i.e. National apprenticeship Certificate(NAC) granted by NCVT or ITI or courses/ Trade Diploma the prescribed qualification for technical and commercial (catering) departments, v1z., Civil Engineering, Mechanical, Electrical, S& T Departments and Commercial Catering Level-l, may also be considered for appointment, providing them on job training for a period of six months.

Please acknowledge receipt.

Director Estt.(N)-II

Railway Board

Source: AIRF

Appointed as trainees on compassionate grounds – Fixation of 7th CPC Pay

Fixation of the pay of the pre-revised pay scale of 1S scale granted to candidates appointed as trainees on compassionate grounds in the Seventh Central Pay Commission (7th CPC)

No.14014/2/2009-Estt.D

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel & Training)

North Block, New Delhi

Dated the 09th October, 2017

OFFICE MEMORANDUM

Sub:- Fixation of the pay of the pre-revised pay scale of 1S scale granted to candidates appointed as trainees on compassionate grounds in the Seventh Central Pay Commission (7th CPC) — reg.

The undersigned is directed to invite attention to this Department’s O.M.No.14014/02/2012-Estt(D) dated 16.01.2013 containing consolidated instructions on the subject of compassionate appointments. With regard to appointment of candidates not immediately meeting the educational standards as trainees these instructions provide as under:-

“In exceptional circumstances Government may consider recruiting persons not immediately meeting the minimum educational standards. Government may engage them as trainees who will be given the regular pay bands and grade pay only on acquiring the minimum qualification prescribed under the recruitment rules. The emoluments of these trainees, during the period of their training and before they are absorbed in the Government as employees, will be governed by the minimum of the — 1S pay band Rs.4440-7440 without any grade pay. In addition, they will be granted all applicable Allowance, like Dearness Allowances, House Rent Allowance and Transport Allowance at the admissible rates. The same shall be calculated on the minimum -IS pay band without any grade pay. The period spent in the -1S pay band by the future recruits will not be counted as service for any purpose as their regular service will start only after they are placed in the pay band PB-1 orRs.5200-20200 along with grade pay of Rs.1800.”

2. The 7th CPC has not provided any replacement scale for 1S pay, band of Rs.4440-7440 without any grade pay which is granted to trainees appointed under the scheme for compassionate appointment. The matter was taken up with the Department of Expenditure and it has now been decided by the Government that Level-1 of the Pay Matrix introduced on implementation of the 7th CPC Report be the replacement for the pre-revised- 1S scale. The pay of those governed by the 1S scale may be revised by using the Fitment Factor of 2.57  for placement in Level-1 in conformity with the Bulk, 7 of the CCS (RP) Rules, 2016. All pre-revised pay stages lower than pre-revised pay of Rs.7,000 in the pre-revised 1S scale shall not be considered for determining the benefit of bunching, on the same lines as has been clarified by this Department’s 0.M dated 03.08.2017 on application of the benefit on account of bunching.

3. This will be effective from 01.01.2016.

4. Hindi version will follow.

sd/-

(G.Jayanthi)

Joint Secretary (E-I)

Authority: www.dopt.gov.in

Dated: 08/02/2017

It has been brough to NFIR’s notice that the candidates selected on compassionate ground for the post of Technicians III (Pay Matrix level 2) are being subjected to 3 years induction training although they possess Engineering Degree/Diploma qualification. Federation feels sad to mention that such technically qualified candidates are not even treated at par with the ITI certificate holders/act apprentices who are imparted only 6 months training prior to their absorption as Technician III, GP 1900/revised pay matrix level 2.

NFIR, therefore, requests the Railway Board to kindly review the extant policy and issue instructions to the Zonal railways, PUs, etc., (particularly South Western Railway) to offer the post commensurating with their technical qualification in higher grades pay/revised pay matrices on compassionate ground. When they are found suitable for Technician III post only, their, training period be limited 6 months as in vogue in the case of ITI certificate holders/act apprentices. Revised instructions on these lines may kindly be issued soon.