Tuesday, 11 January 2022
Monday, 15 February 2021
A recent circular F.No.19/2/2018-Estt (Pay-I) dated 3rd February, 2021 issued by the DOPT (Department of Personnel & Training) goes on telling that the Department is getting large numbers of representations on the issue of granting notional increment for pensionary benefits to those Central government servants who have retired on 30th June/ 31st December of a year, in pursuance of the judgement dated 15.09.2017 of Hon'ble High Court of Madras in W.P. No. 15732 of 2017 in the case of P. Ayyamperumal Vs Union of India & Ors”.
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But the real issue is something else. Actually what happened is, the Department of Telecommunications filed a similar SLP (C) Dy. No.6468/2019 against the judgment dated 03.05.2017 of the Hon'ble High Court, Lucknow Bench in WP No.484/2010 in the matter of UOI & Ors. Vs. Sakha Ram Tripathy & Ors.. It was dismissed by the Hon’ ble Supreme Court, vide judgment dated 29.03.2019 with the following observation:
"There is delay of 566 days in filing the special leave petition. We do not see any reason to condone the delay. The Special leave petition is dismissed on delay, keeping all the questions of law open."
Therefore, the DOPT advise the various departments that the question of law is open and not yet decided, decision for implementation of the judgement dated 15.09.2017 of Hon'ble High Court of Madras in W.P. No. 15732 of 2017 in Shri P. Ayyamperumal case, in rem has not been taken. But the DOPT overlooked the fact that the HC decision of the Ayyamperumal case was already confirmed by the Hon’ ble SC and not yet set aside and valid even now by the Supreme Court.
To read free part of my book on LTC Rules, go to the link:- https://www.amazon.in/LTC-RULES-MADE-EASY-date-ebook/dp/B01JO66SLK
The funniest part of this circular is that the crooked methods of Departments are already exposed by the SC in a similar decision of the Hon’ ble SC in which the court said, “15. To make matters worse, in this appeal, the Union of India has engaged 10 lawyers, including an Additional Solicitor General and a Senior Advocate! ….. 17. To say the least, this is an extremely unfortunate situation of unnecessary and avoidable burdening of this Court through frivolous litigation which calls for yet another reminder through the imposition of costs on the Union of India while dismissing this appeal. We hope that someday some sense, if not better sense, will prevail on the Union of India with regard to the formulation of a realistic and meaningful National Litigation Policy and what it calls ‘ease of doing business’, which can, if faithfully implemented benefit litigants across the country. 18. The appeal is dismissed with costs of Rs.1,00,000/- as before to be deposited with the Supreme Court Legal Services Committee within four weeks from today for utilization for juvenile justice issues. Pending I.As. are also disposed of” (UOI & Ors Vs Pirthwi Singh & Ors., Diary no.8754/2018). But there is one relief in the present case referred by the DOPT in their circular. At least they accepted the advice of the SC and reduced the number of lawyers from 10 including an ASG & a Sr. Adv. to 4 lawyers including an ASG in this case!!!!!
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Thursday, 15 October 2020
The recently announced Leave Travel Concession (LTC) package according to me is a very beautifully decorated Trojan Horse or a sugar coated bitter pill for the government employees. But definitely it is Manna from the heaven for the top billionaire business men at the cost of the employees. The main aim according to the Office Memorandum (OM) dated 12-10-2020 is to compensate the Central Government Employees who are not in a position to avail LTC in the current Block of 2018-21 and side by side boost the consumption expenditure. But actually what is going to happen is little alarming.
This is how it works the sample as illustrated in the OM mentioned above: -
First of all employee has to encash 10 days leave (Pay Rs.1,38,500/-) = Rs. 54,015/-
Fare Value for 4 member family 20000 x 4 = Rs. 80,000/-
Total value = Rs.1,34,015/-
To get this amount, how much the employee has to spend from his pocket in advance?
Full leave encashment Rs.54,015/- + 3 times fare value
= Rs.54,015/- + Rs. 2,40,000/- = Total Rs. 2,94,015/-.
In short you have to spend in advance, Rs. 2,94,015/- to get Rs. 2,94,015/- (the amount will vary according to the individual pay and entitlement of LTC).
Now let us go to the real issues:-
- For financing this amount of Rs.2,94,015,, definitely employee has to take a loan, break fixed deposit or use credit card. What is the financial implication of this? For credit card, on monthly basis, interest component comes to 3.2% including the GST. On an annual basis, interest comes to 38.4%.i.e., That is, every month you have to pay Rs.9408/- to the bank for financing this MEGA LTC MELA. That is the employee has to bear the annual effect of Rs.1,12,896/- forgetting Rs.80,000/- as LTC.( Leave can be encashed or availed later also. Hence it is not a grant or concession from Government).
- Another hitch is that, the employee has to purchase the items having GST rate @12% or above. That is, items such as processed items including pan masala etc and heavy consumer items and high fly items of which profit directly goes to these high fly billionaires and and pushing their share prices. That is why I say that this new scheme is really a trap to catch the employee and not a benefit either to the employee or to the common man who are actually affected by the COVID issue.
- Therefore, it is better to think 10 times before venture into this LTC HANGAMA.
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1. ‘A FRAUD IN THE INDIAN CONSTITUTION’ in India, go to the below link and click “LOOK INSIDE” button:
2. “LTC RULES MADE EASY”, go to below link and enter “LOOK INSIDE”:
Saturday, 2 May 2020
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Tuesday, 28 April 2020
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- The Secretary, D.O.P.T., North Block, New Delhi – 110 001.
- The Secretary, Min. of Finance, Dept. of Expenditure, North Block, New Delhi – 110 001.
Tuesday, 16 October 2018
- Min. Fin., Dep. of Expt.
- Cent.Adm.Tribunal, Mumbai Bench.
- D.G.A.(Central), Mumbai.
Assured Career Progression Scheme for PBORs. The Commission recommends that the time bound promotion scheme in case of PBORs shall allow two financial upgradations on completion of 10 and 20 years of service as at present. The financial upgradations under the scheme shall allow benefit of pay fixation equal to one increment along with the higher grade pay. As regards the other suggestions relating to residency period for promotion of PBORs Ministry of Defence may set up an Inter-Services Committee to consider the matter after the revised scheme of running bands is implemented (Para 2.3.34)
Three ACP upgradations after 8, 16 and 24 years of service has been approved. The upgradation will take place only in the hierarchy of grade pays, which need not necessarily be the hierarchy in that particular cadre.