Minutes of the meeting with JCM (on Pension matters) and the Secretary (Pension) held on 25.09.2014

Thursday, October 9, 2014

Minutes of the meeting with JCM (on Pension matters) and the Secretary (Pension) held on 25.09.2014

Click here to view 

Pre 2006 Pensioner's Arrears from 01.01.2006: Law Ministry's advise to DoP & PW

Attendance.gov.in: Modi government launches website to track attendance of government employees

Using UIDAI, Prime Minister Narendra Modi-led NDA government has launched a Biometric Attendance System (BAS) for government employees. Attendance.gov.in has been launched to keep a track on the attendance records of employees. 

Under the system, an organisation needs to register on the website. According to the website, "A back-end administrator will check the details of the organisation submitted and make the organisation active by assigning it a unique sub-domain which will be the first name of the website." 

 

Aadhaar number is essential for registering an employee in BAS. The Attendance IDs of employees will be generated from their Aadhaar numbers. The 6 digit number will be generated based on the last 6 or first 6 digits of the person's Aadhaar number. The attendance ID will only be active when the employee's Aadhaar information has been verified by UIDAI and activated by the Nodal officer. 

The employees will be required to enter their 6-digit Attendance ID on the terminal and subsequently the system will ask for finger print verification. The staff will be able to mark attendance in any bio-metric terminal installed in various Central Government buildings. 

Since network connectivity is essential for marking attendance, the government is planning two types of connectivity with each attendance terminal; wi-fi on NICNET/broadband and SIM based GSM connectivity on tablets. 

The system will not only help track the number of registered organisations and employees, but also give a dynamic interface to know the number of people attending office and the count of active devices. 

 

Source:-The Economic Times

MACP on Hierarchy: Pr. CAT directs to implement the judgment of High Court

Modified Assured Career Progression (MACP) on Promotional Hierarchy:  Hon’ble Principal Central Administrative Tribunal (CAT), New Delhi directs Secretary, Ministry of Urban Development to implement the judgement of Hon’ble Punjab & Haryana High Court in Union of India & others v. Raj Pal & another (CWP No.19387/2011) decided on 19.10.2011 to the applicant within 4 weeks.

Central Administrative Tribunal
Principal Bench, New Delhi

O.A.No.2553/2013

Monday, this the 15th day of September, 2014

Hon ble Mr. A.K. Bhardwaj, Member (J)
Hon ble Mr. V.N. Gaur, Member (A)

1. All India CPWD Office Staff Association
Through its General Secretary
Mr. Rajesh Kumar Srivastava
C Wing, Ground floor
Near Generator Room
IP Bhawan, New Delhi-2

2. Mr. Pradeep Singh Bist
Age 44 years
s/o Mr. K S Bist
r/o Flat No.167, Sector 5
R K Puram, New Delhi-22

3. Mr. Sanjeev Kumar
Aged 48 years
s/o Mr. Chandra Bhan
r/o F-2887, Betaji Nagar
New Delhi-23

4. Mr. Pankaj Atri
Age 42 years
s/o late Mr. R C Sharma
r/o 165/16, Shivaji Nagar
Gurgaon (HR)
.. Applicant
(By Advocate: Mr. S K Gupta)

Versus

Union of India through

1. Secretary
Ministry of Urban Development
Nirman Bhawan, New Delhi

2. Director General
Central Public Works Department
Nirman Bhawan, New Delhi
..Respondents
(By Advocate: Mr. Rajinder Nischal)

O R D E R (ORAL)

Mr. A.K. Bhardwaj:
Learned counsels for the parties are ad idem that the controversy involved in the present Original Application is, in all fours, of the decision of Hon ble Punjab & Haryana High Court in Union of India & others v. Raj Pal & another (CWP No.19387/2011) decided on 19.10.2011.

2. In view of the aforementioned stand taken by the parties, the Original Application is disposed of with direction to the respondents to extend the benefit of the said judgment of Hon ble Punjab & Haryana High Court to the applicants herein also within a period of twelve weeks from the date of receipt of a copy of this Order. No costs.

( V.N. Gaur ) ( A.K. Bhardwaj )
Member (A) Member (J)

15th September 2014
/sunil/

Source: http://judis.nic.in/judis_cat/Doj_Qry.aspx

PRE – 1/1/2006 PENSIONERS ARREARS CASE – LEGAL ADVICE BY LAW MINISTRY

Law Ministry never advised DOP & PW to implement qua petitioners

Ministry of Law & Justice

Department of Legal Affairs

Dy. No.1295/LS/2014

F. No. 38/77-A/09-P&PW (Vol.II)

D/o Pension & Pensioners Welfare has referred this file to examine on the following issues:

(i) The Curative Petition filed in respect of OA No. 655/2010WP(C) No. 1535/2012/SLP (c) No. 23055/2013/Review Petition No. 2492/13 has been dismissed by a Five Member Bench of the Hon’ble Supreme Court headed by Chief Justice of India. Therefore, we may implement the CAT/High-Court order in respect of petitioners only subject to acceptance of this option by the CAT, Principal Bench in the pending Contempt Petition. The implementation of CAT order will be subject to the clarification sought from the CAT and mentioned in Para 2 above.

(ii) We may implement the CAT order in respect of all pre-2006 pensioners subject to the final outcome of the pending SLP No. 36148-50/2013.

(iii) Although the Curative Petition has been dismissed. we may await the outcome of SLP No. 36148-50/2013 before deciding on the question of implementation of CAT order, subject to acceptance of this option by the CAT, Principal Bench in the pending Contempt Petition.

2. It is the case of Department of Pension that the order dated 1/11/2011 (Flag B) passed by CAT in OA No.655/2010 in the case of Central Government SAG Pensioners’ Association v/s UOI and Ors. had acquired its finality consequent to dismissal of Writ Petition (C) No.1535/2012 titled as Union of India and Anr. v/s Central Government SAG Pensioners’ Association and Ors. by the High Court vide its order dated 29/412013 (Flag F). dismissal of SLP No.23055/2013 by the Apex Court on 29/7/2013 (Flag G). dismissal of Review Petition No.2492/2013 by the Apex Court on 12/11/2013 and dismissal of Curative Petition (C) No.126/2013 by the Apex Court vide its order dated 30/4/2014 (Flag K). In these circumstances it is stated that order of tribunal passed in OA No.655/2010 in the case of Central Government SAG Pensioners’ Association (SUPRA) acquires its finality. It is also mentioned in the reference note that a Contempt Petition for implementation of CAT order dated 1/11/2011 is pending before the tribunal and is fixed for 15/5/2014.

3. In other matters wherein the Deprtment have filed SLPs before the Apex Court against the orders of the tribunal and the High Court and those SLPs are still pending and the Hon’ble Supreme Court had recorded the statement given by the Counsel of Respondents that ‘they shall not precipitate the matter by filing contempt proceedings either before the High Court or before the Tribunal’ in its order dated 19/11/2013 (Flag I). In these circumstances there is no possibility for filing any contempt against the Department.

4. Having exhausted all the possible available remedies. the Govt. is left with no other alternative but to implement the order passed by the CAT, which has been upheld by the highest Court of the land. In so far as the pending SLPs are concerned, there may not be any objection in awaiting the final outcome of the cases before taking a final decision.

May kindly see.

(R.S. Verrma)

Deputy Legal Adviser

08.05.2014