FLASH
FLASH
Wednesday 25 April 2018
DECEASED ARMY MAN'S WIFE FIGHT FOR HER FAMILY PENSION
Purv Sainik Uthaan Samiti-Samalkha. Foundation stone laying cerimony
Monday 23 April 2018
PRANAB MUKHERJEE REPORT
Minister
of External Affairs
India
Pranab Mukherjee
No. 13787/EAM/2008 19th
December 2008
Sub: 6th Central Pay Commission (CPC)
Implementation:
Further benefits
requested by the Armed Forces
This
has reference to the meeting taken by you on 27 November 2008 to discuss the
report I had sent on 11 November 2008. While there was general agreement on the
recommendations made, Finance Minister raised the issue regarding the
horizontal relativities of Armed Forces vis-à-vis CPMFs and civilians. It was
agreed that we should further examine the problems relating to Lt Col level
officers on deputation to the Central Secretariat, Intelligence Agencies and
CPMFs.
As
directed by you, I discussed the matter further with Shri A K Antony on 17
December. Since Shri P Chidambaram could not attend the meeting on 17 December,
I sent him a note after my discussions with RM. I received his view this
morning. The substantive portions of Shri Chidambaram’s view have been
incorporated in the revised report which is enclosed. Following recommendations
have been made in the revised report:
(i) The pensionary benefits to all PBORs may be given without
disadvantage to any category and an Anomaly Committee may be set (up)
immediately to address any such cases.
(ii) Lt Cols, who are in their parent service in combat or
ready-to-combat jobs, may be placed in Pay Band-4. Those Lt Col level officers
who are on deputation would be entitled to PB-4 only when they return to parent
service.
:: 2::
(iii) The grade pay for Lt Cols who are in
their parent service in combat or ready to combat jobs, may be fixed at Rs
8000/- against the grade pay of Rs 8700/- for Cols/Directors. Those Lt Col
level Officers who are on deputation be entitled to the above grade pay when
they return to parent service.
(iv) A High-Powered Committee may be set up to resolve the issues
relating to command and control functions/status of armed forces vis-à-vis
paramilitary forces and civilians.
(v) The pay revision of the armed forces should be delinked from
the civilian pay revisions. Separate Board or Commission should be set us to
recommend the pay scales of the Armed Forces in future.
You may like to approve these
recommendations for implementation.
Yours sincerely,
Sd/-----------------
(Pranab Mukherjee)
Dr Manmohan Singh
Prime Minister of India
New Delhi
Copy to:
Thursday 19 April 2018
MSP CASE STATUS IN ORISSA HIGH COURT
W.P.(C) No. 13130 of 2017
21.07.2017
Mr. S.S. Das, learned Sr. Counsel along with Ms. S. Das files memo of appearance of behalf of the petitioners in Court today, which is taken on record.
Mr. A. Mohanty, learned Central Govt. Counsel also file memo of appearance on behalf of the opposite parties, which is taken on record.
The name of Mr. A. Mohanty, learned Central Govt. Counsel be indicated in the cause list.
The petitioners, who were working under the Army, Navy and Air Force, have filed this application for pay parity as per Military Service Pay (MSP) paid to the Commissioned Officers and Personnel belonging to Military Nursing Service and further seek for a direction to the opposite parties to grant the consequential benefits as due and admissible in accordance with law.
Preliminary objection was raised with regard to maintainability of the writ petition. Mr. A. Mohanty, learned Central Govt. Counsel raises objection and states that on constitution of Army Tribunal, this Court has no jurisdiction to entertain this application.
Mr. S.S. Das, learned Sr. Counsel for the petitioners referring to Section 14 of the Armed Force Tribunal Act, 2007 states that the jurisdiction of this Court has not excluded, rather it is inclusive under the said provision, wherein under Sub-clause-1, it has been clearly indicated that save as otherwise expressly provided in this Act, the Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority, exercisable immediately before that day by all courts (except the Supreme Court or a High Court exercising jurisdiction under article 226 and 227 of the Constitution) in relation to all service matters. It is contended that exercising the power under article 226 and 227 of the Constitution has not been excluded in view of the provisions contained under Section 14 of the Armed Force Tribunal Act. To substantiate his contention, he has relied upon the judgments of the apex Court in Executive Engineer, Southern Electricity Supply Company of Orissa Limited (SOUTHCO) and another v. Sri Seetaram Rice Mill, (2012) 2 SCC 108 and Union of India and others v. Major General Shri Kant Sharma and another, (2015) 6 SCC 773.
In view of such position, keeping the question of maintainability open for consideration, issue notice to the opposite parties.
Three extra copies of the writ petition along with annexures be served on Mr. A. Mohanty, learned Central Govt. Counsel within three days, who shall take instruction in the matter or file counter affidavit.
List it after four weeks.
. JUDGE
(DR. B.R. SARANGI)
21.07.2017
Mr. S.S. Das, learned Sr. Counsel along with Ms. S. Das files memo of appearance of behalf of the petitioners in Court today, which is taken on record.
Mr. A. Mohanty, learned Central Govt. Counsel also file memo of appearance on behalf of the opposite parties, which is taken on record.
The name of Mr. A. Mohanty, learned Central Govt. Counsel be indicated in the cause list.
The petitioners, who were working under the Army, Navy and Air Force, have filed this application for pay parity as per Military Service Pay (MSP) paid to the Commissioned Officers and Personnel belonging to Military Nursing Service and further seek for a direction to the opposite parties to grant the consequential benefits as due and admissible in accordance with law.
Preliminary objection was raised with regard to maintainability of the writ petition. Mr. A. Mohanty, learned Central Govt. Counsel raises objection and states that on constitution of Army Tribunal, this Court has no jurisdiction to entertain this application.
Mr. S.S. Das, learned Sr. Counsel for the petitioners referring to Section 14 of the Armed Force Tribunal Act, 2007 states that the jurisdiction of this Court has not excluded, rather it is inclusive under the said provision, wherein under Sub-clause-1, it has been clearly indicated that save as otherwise expressly provided in this Act, the Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority, exercisable immediately before that day by all courts (except the Supreme Court or a High Court exercising jurisdiction under article 226 and 227 of the Constitution) in relation to all service matters. It is contended that exercising the power under article 226 and 227 of the Constitution has not been excluded in view of the provisions contained under Section 14 of the Armed Force Tribunal Act. To substantiate his contention, he has relied upon the judgments of the apex Court in Executive Engineer, Southern Electricity Supply Company of Orissa Limited (SOUTHCO) and another v. Sri Seetaram Rice Mill, (2012) 2 SCC 108 and Union of India and others v. Major General Shri Kant Sharma and another, (2015) 6 SCC 773.
In view of such position, keeping the question of maintainability open for consideration, issue notice to the opposite parties.
Three extra copies of the writ petition along with annexures be served on Mr. A. Mohanty, learned Central Govt. Counsel within three days, who shall take instruction in the matter or file counter affidavit.
List it after four weeks.
. JUDGE
(DR. B.R. SARANGI)
Tuesday 17 April 2018
Rs 1 lakh SC fine for plea on settled soldier disability case
Expressing displeasure over the Ministry of Defence (MoD) getting into
unnecessary litigation, the Supreme Court has imposed a cost of Rs 1
lakh on the government for filing an appeal in the case of a disabled
soldier when similar appeals had already been dismissed earlier.
A former soldier, Naik Balbir Singh, who hails from Hoshiarpur district,
had been granted relief by the Chandigarh Bench of the Armed Forces
Tribunal in 2016. The MoD, however, challenged the order.
“This is unnecessarily adding to the burden of the justice delivery
systems for which the Union of India must take full responsibility,” a
Division Bench comprising Justices Madan B Lokur and Deepak Gupta held
recently.
It also asked the government to deposit the costs with the SC Legal
Services Committee within four weeks for utilisation in juvenile justice
issues.
The case is expected to come up for hearing on April 23 for the government to file its compliance report.
A committee of experts on reduction of litigation had come down heavily
upon the MoD and the services headquarters for generating unnecessary
“ego-fuelled litigation” by perceiving litigants as persons “acting
against the state”.
The panel had noted that even SC decisions, sentiments expressed by the
PM and Defence Minister and letters by A-G for reducing litigation had
not had any effect.
CLICK HERE TO VIEW THE HON'BLE SUPREME COURT ORDER
Courtesy:EX-Servicemen Welfare
CLICK HERE TO VIEW THE HON'BLE SUPREME COURT ORDER
Courtesy:EX-Servicemen Welfare
PETITION TO PRIMEMINISTER,FINANCE MINISTER & DEFENCE MINISTER
Dear Fellow countrymen,
You may be aware that our Members of Parliament are entitled for a good amount as remuneration and the entire amount is Exempted from INCOME TAX. We are Happy to note that this Privilege given to our Peoples Representatives but regret to note that this privilege is denied to Soldiers who safe guard our Borders to enable the entire countrymen sleep peacefully at the cost of their precious life.
Hence The VOICE OF PENSIONERS, an E-Journal Working for the Welfare Soldiers & Ex-servicemen Start This Petition and request the GOI to grand INCOME TAX EXEMPTION FOR SOLDIERS & EX- SOLDIERS.
CLICK HERE TO SIGN PETITION
You may be aware that our Members of Parliament are entitled for a good amount as remuneration and the entire amount is Exempted from INCOME TAX. We are Happy to note that this Privilege given to our Peoples Representatives but regret to note that this privilege is denied to Soldiers who safe guard our Borders to enable the entire countrymen sleep peacefully at the cost of their precious life.
Hence The VOICE OF PENSIONERS, an E-Journal Working for the Welfare Soldiers & Ex-servicemen Start This Petition and request the GOI to grand INCOME TAX EXEMPTION FOR SOLDIERS & EX- SOLDIERS.
CLICK HERE TO SIGN PETITION
Thursday 12 April 2018
Brief of the meetings held between the Staff Side(JCM) and Official Side
No.NC/JCM/2018 Dated: April 10, 2018
The General Secretaries,
All Constituents Organizations of the JCM(Staff Side)
Dear Comrades,
Sub: Brief of the meetings held between the Staff Side(JCM) and Official Side
Met yesterday, i.e. on 9th April, 2018, with the Secretary(DoP&T), Government of India, Dr. C. Chandramauli, who joined recently, and requested him for holding meetings of the Standing Committee of the NC/JCM and National Anomalies Committee at an earliest. He has promised for the same.
Today, i.e. on 10th April, 2018, met the Cabinet Secretary, Government of India, and handed him over a copy of the enclosed letter.
He said that, the issue of the NPS is under finalization and Secretary(Pension), Government of India, had very recently given presentation. He further said that, there would be some visible changes in the NPS.
On the issue of Minimum Wage and Fitment Formula he once again mentioned that it depends totally on the political call.
So far the issue of non-holding of meetings of the National Council(JCM) is concerned, he said that he would try to hold this meeting very shortly.
This is for your information.
All Constituents Organizations of the JCM(Staff Side)
Dear Comrades,
Sub: Brief of the meetings held between the Staff Side(JCM) and Official Side
Met yesterday, i.e. on 9th April, 2018, with the Secretary(DoP&T), Government of India, Dr. C. Chandramauli, who joined recently, and requested him for holding meetings of the Standing Committee of the NC/JCM and National Anomalies Committee at an earliest. He has promised for the same.
Today, i.e. on 10th April, 2018, met the Cabinet Secretary, Government of India, and handed him over a copy of the enclosed letter.
He said that, the issue of the NPS is under finalization and Secretary(Pension), Government of India, had very recently given presentation. He further said that, there would be some visible changes in the NPS.
On the issue of Minimum Wage and Fitment Formula he once again mentioned that it depends totally on the political call.
So far the issue of non-holding of meetings of the National Council(JCM) is concerned, he said that he would try to hold this meeting very shortly.
This is for your information.
Wednesday 11 April 2018
Tuesday 10 April 2018
RESERVATION FOR RE-EMPLOYMENT FOR EX-SERVICEMEN BY STATES
Monday 9 April 2018
CHANGES IN INCOME TAX FORMS AY 2018-19 FY 2017-18
Income Tax department has notified the New ITR form for Ay 2018-19 Fy
2017-18.In new forms 25 specific changes has been made to enable Income
tax department to get more information from Taxpayers.
There is no change in the manner of filing of ITR Forms as compared to last year.
All these ITR Forms are to be filed electronically. However, where return is furnished in
ITR Form-1 (Sahaj) or ITR-4 (Sugam), the following persons have an option to file return
in paper form:-
- (i) an Individual of the age of 80 years or more at any time during the previous year; or
- (ii) an Individual or HUF whose income does not exceed five lakh rupees and who has not claimed any refund in the Return of Income.
Main changes has been covered as under.
1. Changes in Salary details in ITR-1.
Earlier only taxable salary is required to be filed under the head of
salary income in Income Tax return .But now more details has been asked
to be filed under salary Income. in our view this step has been taken
keeping in view of fraudulent refund claimed by the salaried person in
Mumbai and Bangaluru .
New columns in salary head in ITR has been added as under
- i Salary (excluding all allowances, perquisites and profit in lieu of salary)
- ii Allowances not exempt
- iii Value of perquisites
- iv Profit in lieu of salary
- v Deductions u/s 16
Filling of above details are not very difficult for salaried persons but
it will be confusing for few as many salaried person are not aware of
what is to be included under Profit in lieu of salary or Value of
perquisites and deduction u/s 16.
In our view all such information is provided in Form 16 itself except
allowance not exempt.So my suggestion to govt is that govt should also
amend form 16 so that it also shows the value of allowances not exempt.
2. Changes in Income under the head House property.
More details are required to be filled under this head in Income tax
return form ITR-2 also. Now following information is required to filled
for income from house property
- i Gross rent received/ receivable/ letable value
- ii Tax paid to local authorities
- iii Annual Value (i – ii)
- iv 30% of Annual Value
- v Interest payable on borrowed capital
- vi Income chargeable under the head ‘House Property’ (iii – iv – v)
All the columns explained in above in 1 and 2 was required to be filed
in ITR-2 but now it has been insterted in ITR-1 also. So ITR-1(sahaj) is
no more "Sahaj"(easy) Now.
3. The columns explained at Sr no 1 and 2 has also been inserted in ITR-4 return for presumptive income scheme also called as Sugam.
3. The columns explained at Sr no 1 and 2 has also been inserted in ITR-4 return for presumptive income scheme also called as Sugam.
4.Non resident is required to file ITR-2 in case of no income from
business and profession and can not file return on ITR-1 .Further he has
to provide details of bank account to get refund from income tax
department.
5. New Column of Fees under section 234F has been inserted in all relevant ITR. In ITR -1 it is given at D10 Fee u/s 234F
The Finance Act, 2017 vide section 234F levied
fees of Rs.5,000 in case where return is furnished after the due date
but on or before 31st December of the relevant assessment year and
Rs.10,000, in other cases. However, it is also provided to restrict the
fees to Rs.1,000, where the total income does not exceed five lakh
rupees.
Sunday 8 April 2018
APPLICABILITY OF STANDARD DEDUCTION TO PENSIONERS
Friday 30 March 2018
Educational Concession to the Children of Armed Forces Officers/ PBORS missing/disabled/killed in action: DESW Order
No. 6(l)/2009/Edu. Concession/ D(Res-II)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
Room No. 237, ‘B’ Wing
Sena Bhawan, New Delhi
Dated: 23rd March, 2018
To, The Chief of the Army Staff,
The Chief of the Naval Staff,
The Chief of the Air Staff,
The Director General, Indian Coast Guard.
Subject : Grant of Educational Concession to the Children of Armed Forces Officers/Personnel Below Officer Ranks PBORS) missing/disabled/killed in action.
In continuation of this
Department’s letter of even no. dt 13.09.2017 on above subject (copy
enclosed), it has been decided with the approval of competent authority
that the cap of Rs. 10,000/- imposed on the combined amount of Tuition
Fees and Hostel Charges vide para-5 of a above order is removed and the
Educational Concession will continue to be admissible without the cap of
Rs. 10,000/-per month.
3. This issues with the concurrence of Ministry of Defence (Fin/Pen) vide their ID No. 10(23)/09/Fin/Pen dt. 23.03.2018.
Encl: As above
(Santosh)
Joint Secretary to the Government of India
Thursday 22 March 2018
7th Pay Commission: No Salary Hike as Govt Rejects Reports on Increase in Minimum Pay, Fitment Factor
The 7th Pay Commission had
recommended a hike of 14.27 per cent in basic pay of central government
employees, raising minimum pay from Rs 7,000 to Rs 18,000. The
government approved the recommendations of the 7th Pay Commission
despite resentment among central government employees, who have
been a hike in minimum pay from Rs 18,000 to Rs 26,000 and fitment
factor 3.68 times from 2.57 times.
There
had been reports that the government was mulling to raise minimum pay
to Rs 21,000 and fitment factor 3.00. However, the government has now
clarified that no such proposal was being considered.
Sunday 18 March 2018
DOPT ORDER – Extending the scope of Anomaly definition – 7th CPC
No.11/2/2016-JCA
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment {JCA} Section
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment {JCA} Section
North Block, New Delhi
Dated the 14th March, 2018
Dated the 14th March, 2018
OFFICE MEMORANDUM
Subject:
Setting up of Anomaly Committee to settle the anomalies arising out of
the implementation of the Seventh Pay Commission's recommendations —
extending the scope of definition regarding.
The undersigned is directed to refer to DoPT's Office Memorandum of even number dated 20/02/2017 on
the subject as cited above, and to incorporate the following further
modification in the definition of what would constitute an anomaly:
"where
the amount of revised allowance is less than the existing rate or any
other anomaly observed while implementing the revised allowance"
2. With the incorporation of the above para in the OM, the definition of anomaly will read as follows:-
(1) Definition of Anomaly
Anomaly will include the following cases
a)
Where the Official Side and the Staff Side are of the opinion that any
recommendation is in contravention of the principle or the policy
enunciated by the Seventh Central Pay Commission itself without the
Commission assigning any reason;
b)
Where the maximum of the Level in the Pay Matrix corresponding to the
applicable Grade Pay in the Pay Band under the pre-revised structure as
notified vide CCS(RP) Rules 2016, is less than the amount an employee is
entitled to be fixed at, as per the formula for fixation of pay
contained in the said Rules;
c)
Where the Official side and the Staff Side are of the opinion that the
vertical and horizontal relatiyities have been disturbed as a result of
the 7th Central Pay Commission to give rise to anomalous situation.
d)
Where the amount of revised allowance is less than the existing rate or
any other anomaly observed while implementing the revised allowance
3.
The rest of the contents of the OM issued by DoPT under reference no.
No. 11/2/2016-JCA dated 16.08.2016 shall remain unchanged.
Friday 16 March 2018
GOVERNMENT OF INDIA MINISTRY OF FINANCE RAJYA SABHA UNSTARRED QUESTION NO-1170 ANSWERED ON-06.03.2018
Govt is not in mood to increase 7th CPC Minimum Pay & Fitment Factor
(a)
whether Government is actively contemplating to increase minimum pay
from Rs.18,000/- to Rs.21,000/- and fitment factor from 2.57 to 3, in
view of resentment among Central Government employees over historically
lowest increase in pay by 7th Central Pay Commission (CPC);
(b) if so, the details thereof and the date from which it would be implemented; and
(c ) if not, the reasons for the callous attitude of Government towards Government Employees?
ANSWER
MINISTER OF STATE FOR FINANCE ( SHRI P RADHAKRISHNAN )
(a),(b)&(c
): The minimum pay of Rs.18,000/- p.m. and fitment factor of 2.57 are
based on the specific recommendations of the 7th Central Pay Commission
in the light of the relevant factors taken into account by it.
Therefore, no change therein is at present under consideration.
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