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IMPORTANT NEWS align=center
Tuesday, 30 December 2014
CAN’T RECOVER EXCESS SALARY PAID TO CLASS III, IV STAFFSUPREME COURT
Press News by TOI
NEW DELHI: Recovery of excess amount paid to Class-III and Class-IV employees due to employer's mistake is not permissible in law, the Supreme Court has ruled saying that it would cause extremely harsh consequences to them who are totally dependent on their wages to run their family.
The apex court said employees of lower rung service spend their entire earning in the upkeep and welfare of their family, and if such excess payment is allowed to be recovered from them, it would cause them far more hardship, than the reciprocal gains to the employer.
A bench of JS Khehar and Arun Mishra also directed that an employer cannot recover excess amount in case of a retired employee or one who is to retire within one year and where recovery process is initiated five years after excess payment.
"We are therefore satisfied in concluding, that such recovery from employees belonging to the lower rungs (i.e., Class-III and Class-IV - sometimes denoted as Group 'C' and Group 'D') of service, should not be subjected to the ordeal of any recovery, even though they were beneficiaries of receiving higher emoluments, than were due to them. Such recovery would be iniquitous and arbitrary and therefore would also breach the mandate contained in Article 14 of the Constitution," Justice Khehar, who wrote the judgment said.
It said that the employer's right to recover has to compared, with the effect of the recovery on the concerned employee and if the effect of the recovery from the employee would be, more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer, which would then make it iniquitous and arbitrary, to effect the recovery.
"In such a situation, the employee's right would outbalance, and therefore eclipse, the right of the employer to recover," the bench said.
The bench passed the order on a petition filed by Punjab government challenging Punjab and Haryana high court order restraining it to recover the excess amount paid by mistake to numerous employees over the years.
It said we may, as a ready reference, summarize the following few situations, wherein recoveries by the employers, would be impermissible in law:
(i) Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service).
(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.
(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.
(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.
(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover.
The court said a government employee is primarily dependent on his wages, and such deduction from salary should not be allowed which would make it difficult for the employee to provide for the needs of his family and any recovery must be done within five years.
In this case, the employees were given monetary benefits in excess of their entitlement due to a mistake committed by a concerned competent authority, in determining the emoluments payable to them.
Thursday, 18 December 2014
Min of Personnel, Public Grievances & Pensions
NO REDUCTION IN RETIREMENT AGE
There is no proposal under consideration of Government to reduce the retirement age from 60 to 58 years for its employees.
The retirement age for Central Government employees was revised from 58 to 60 years in 1997 on the basis of recommendations of the 5th Central Pay Commission.
The Centre’s total wages and salaries bill for its employees for the year 2010-11, 2011-12 and 2012-13 is Rs. 85,963.50 crore, Rs. 92,264.88 crore and Rs. 1,04,759.71 crore, respectively.
This was stated by the Minister of State for Personnel, Public Grievances & Pensions, Dr. Jitendra Singh in a written reply to Sardar Sukhdev Singh Dhindsa, Dr. T Subbarami Reddy and Smt. Ambika Soni in Rajya Sabha, today.
Tuesday, 16 December 2014
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Saturday, 13 December 2014
Friday, 12 December 2014
Monday, 8 December 2014
Tuesday, 2 December 2014
|GOVERNMENT OF INDIA|
|MINISTRY OF||COMMUNICATIONS AND INFORMATION TECHNOLOGY|
|SERVICES UNDER E GOVERNANCE|
|101 .||Chauhan Shri Devusinh Jesingbhai|
|Will the Minister of||COMMUNICATIONS AND INFORMATION TECHNOLOGY||be pleased to state:-|
Sunday, 30 November 2014
Saturday, 29 November 2014
दिनांक 28-11-2014 को भारतीय डाक कर्मचारी महासंघ के सेक्रेटरी जनरल श्री शिवाकांत मिश्र जी की धर्मपत्नी का अचानक स्वर्गवास हो गया है l भारतीय डाक कर्मचारी महासंघ पूरा परिवार शोक संतप्त परिवार के प्रति संवेदना व्यक्त करता है तथा ईश्वर से प्रार्थना करता है कि दिवंगत आत्मा को शान्ति प्रदान करे l
समस्त भारतीय डाक कर्मचारी महासंघ परिवार
Friday, 28 November 2014
Friday, 21 November 2014
Thursday, 20 November 2014
CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1965- ADVICE OF THE UNION PUBLIC SERVICE COMMISSION (UPSC) TO BE COMMUNICATED TO THE DELINQUENT GOVERNMENT SERVANT - AMENDMENT - REGARDING
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KISAN VIKAS PATRA (KVP) RE-LAUNCHED ON 18/11/2014
SALIENT FEATURES OF RE-LAUNCHED KISAN VIKAS PATRA:
1.Amount Invested doubles in 100 months ( 8years 4 months)
2.Available in denominations of Rs 1,000, 5000, 10,000 and Rs 50,000.
3.Minimum deposit Rs 1000/- and no maximum limit.
4.Certificate can be purchased by an adult for himself or on behalf of a minor or by two adults.
5.KVP can be purchased from any Departmental Post office. This facility will also be extended shortly to the designated branches of commercial Banks.
6.Facility of nomination is available.
7.Certificate can be transferred from one person to another and from one post office to another.
8.Certificate can be en-cashed after 2 1/2 years from the date of issue.
Table Showing Premature closure of KVP (for Den. Rs. 1000)
2 and half years but less than 3 years
3 years but less than 3 and half years
3 and half years but less than 4 years
4 years but less than 4 and half years
4 and half years but less than 5 years
5 years but less than 5 and half years
5 and half years but less than 6 years
6 years but less than 6 and half years
6 and half years but less than 7 years
7 years but less than 7 and half years
7 and half years but less than 8 years
8 years but before maturity of the Certificate
On maturity of Certificate
8 Years 4 month = 100 months
Friday, 14 November 2014
Friday, November 14, 2014 PROMOTION AND POSTINGS OF JUNIOR ADMINISTRATIVE GRADE (NFSG) OFFICERS OF INDIAN POSTAL SERVICE, GROUP 'A' TO SENIOR ADMINISTRATIVE GRADE (SAG) OF THE SERVICE AND TRANSFERS/POSTING OF REGULAR SAG OFFICERS OF INDIAN POSTAL SERVICE, GROUP 'A' :
Wednesday, 12 November 2014
Monday, 10 November 2014
Wednesday, 5 November 2014
COMMEMORATIVE STAMP ON LIVER TRANSPLANT RELEASED
The Department of Posts, Ministry of Communications & IT has brought out a Commemorative Postage Stamp on Liver Transplantation in India.The Commemorative Postage stamp on Liver Transplantation in India was released today by the Minister for Communications &IT and Law &Justice, Shri Ravi Shankar Prasad in the presence of Member Postal Service Board, Shri S.K.Sinha and Chairman, Apollo Hospitals Group Dr. Prathap.C.Reddy who pioneered liver transplantation in India.Sanjay Kandaswamy, the patient who undergone first successful liver transplantation in India in 1998 was also present on the occasion and minister was delighted to see him hale and hearty.
Speaking on the occasion, the minister spoke about release of a commemorative postage stamp as mission statement of recognition of extraordinary initiatives by extraordinary people endowed with extraordinary talent. He observed that organ transplant including liver transplant is a super speciality area of operation though a lot needs to be done to make organ transplant low cost and affordable and exhorted medical community to explore the possibility of public private partnership in this respect.
The minister talked about developing digital infrastructure and associating it seamlessly with health care to make available latest health facilities inclusive and accessible to the common man. He also spoke at length about the people oriented initiatives of the government and cited examples from my gov. and Jana dhana Yojana which have galvanised people’s cooperation and involvement in the schemes dedicated to their development and progress.