Voluntary Retirement: Fundamental (First Amendment) Rules, 2014:

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training )

NOTIFICATION

New Delhi, the 17th January, 2014 ,

G.S.R. 27(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, and inconsultation with the Comptroller and Auditor General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rule further to amend the Fundamental Rules, 1922, namely :—

1. (1) These rules may be called the Fundamental (First Amendment) Rules, 2014. (2) They shall came into force on the date of their publication in the Official Gazette.

2. In the Fundamental Rule, 1922, in rule 56, —

(a) in clause (k), in sub-clause (1), for item (c), the following shall be substituted namely :

“(c) it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire under this clause, if,—

(i) the Government servant is under suspension: or

(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending_

Explanation :–For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”;

(b) for clause (m), the following shall be substituted, namely :—

“(m) A Government servant in Group ‘C’ post who is not governed by any pension rules, may, by giving notice of not less than three months in writing to the Appropriate Authority, retire from service after he has completed thirty year’s service :

Provided that it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire proceedings.”;

(i) the Government servant is under suspension; or

(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending.

Explanation :-For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”;

[No. 2501313/2010-Estt. (A-IV)]

MAMTA KUNDRA, Jt. Secy.

Source: www.persmin.nic.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/25013_3_2010-Estt.A-IV-17012014.pdf]

FNPO : STRIKE NOTICE SERVED TO THE CABINET SECRETARY ON 21.01.2014

H.V.M.O. ; Reg

STRIKE ACTION PLAN

Two Days strike on 12th & 13th Feb'2014 - Action Programme

1)21.01.2014: Strike Notice will be served by General Secretaries to the Department at Dak Bhavan in New Delhi. 

2)28.01.2014. Conduct Dharna in front of Circle office/Regional office/ Divisional office. 

3)03.02.2014 to 08.02.2014, Campaign week, organize gate meetings, issue pamphlets etc.

 4)04.02.2014. Submit memorandum to the Circle Heads after conducting \  Lunch Hour Demonstration.

5)07.02.2014. Submit memorandum to Governor.

 6)Strike from 12.02.2014 to 13.02.2014.

                           Charter of Demands

1.      Accept the terms of reference of 7^th CPC, submitted by the staff side, National Council JCM.

(a)      To examine the existing structure of pay, allowances and other benefits/facilities, retirement benefits like Pension, Gratuity, other terminal benefits of various categories of Central Government Employees including Gramin Dak Sevaks (GDS) of Postal Department.

(b)      To work out the comprehensive revised pay packet for the categories of Central Government employees including GDS as on 1.1.2014.

(c)       The Commission shall determine the pay structure, benefits, facilities, retirement benefits etc. taking into account the need to provide minimum wage with reference to the recommendation of the 15th Indian Labour Conference (1957) and the subsequent judicial pronouncement of the honorable Supreme Court there-on, as on 1.1.2014.

(d)      To determine the Interim Relief needed to be sanctioned immediately to the Central Government employees including GDS.

(e)       To determine the percentage of Dearness allowance/Dearness Relief immediately to be merged with Pay and pension including GDS.

(f)        To settle the anomalies raised in various fora of JCM.                                                     

(g)      To work out the improvements needed to the existing  retirement benefits, like pension, death cum retirement gratuity, family  pension and other terminal or recurring  benefits maintaining parity amongst past, present and future pensioners and family pensioners including those who entered service on or after 1.1.2004.

(h)      To recommend methods for providing cashless/hassle-free Medicare facilities to the employees and Pensioners including Postal pensioners.

2.      Ensure every five year revision of wages of Central Government Employees in future.

3.      (a) Regularization of Gramin Dak Sevaks of the Postal Department and grant of Civil Servant status, statutory pension and all other benefits at par with regular employees.

(b) Regularization and revision of wages of casual and contract workers.

4.      Compassionate appointment – removal of restrictions imposed by Government.

5.      JCM and Anomaly Committee Functioning.

6.      Fill up all vacant posts and creation of new posts wherever justified.

7.      Stop downsizing, outsourcing, contractorisation and privatization of Government functions.

8.      Stop the move to introduce performance related Pay (PRP) system, Extend PLB Bonus for all, removing bonus ceiling.

9.      Revise OTA and Night Duty Allowance rates and clothing rates.

10.  Implement arbitration awards.

11.  Five promotions to all.

12.  Rescind the PFRDA Act. Ensure statutory Pension for all.

13.  Settle MACP Anomalies.

14.  Stop trade Union victimization. Ensure Right to strike.

POSTAL DEMANDS.

1. Grand Recognition to GDS Union as per Sri.P.S.Natarajamurthy committee
        recommendation.

2.  Finalize cadre restructuring of Postal, RMS, C.O, SBCO, SystemAdministrator, ME and
       Civil&Electrical wing.

3.   Implement MMS cadre restructuring proposal

4.   Settle PO & RMS Accountants issue. 

Save Income Tax on the Contribution made by Government in pension fund of NPS Subscribers...

Save Income Tax on the Contribution made by Government in pension fund of NPS Subscribers...

Save Income Tax on the Contribution made by Government in pension fund of NPS Subscriber, Refer 5.5.3 Deduction in respect of contribution to pension scheme of Central Government (Section 80CCD).

5.5.3 Deduction in respect of contribution to pension scheme of Central Government (Section 80CCD): 

Section 80CCD(1) allows an employee, being an individual employed by the Central Government or any other employer, on or after the 01.01.2004, a deduction of an amount paid or deposited out of his income chargeable to tax under a pension scheme as notified vide Notification F. N. 5/7/2003- ECB&PR dated 22.12.2003 or as may be notifed by the Central Government. However, the deduction shall not exceed an amount equal to 10% of his salary(includes Dearness Allowance but excludes all other allowance and perquisites). 

As per Section 80CCD(2), where an employee receives any contribution in the said pension scheme from the Central Government or any other employer then the employee shall be allowed a deduction from his total income of the whole amount contributed by the Central Government or any other employer subject to limit of 10% of his salary of the previous year. 

However, if any amount is standing to the credit of the employee in the pension scheme referred above and deduction has been allowed as stated above and the employee or his nominee receives this amount together with the amount accrued thereon, due to the reason of 

(i) Closure or opting out of the pension scheme or 

(ii) Pension received from the annuity plan purchased and taken on such closure or opting out then the amount so received during the FYs shall be the income of the employee or his nominee for that Financial Year and accordingly will be charged to tax. Where any amount paid or deposited by the employee has been taken into account for the purposes of this section, a deduction with reference to such amount shall not be allowed under section 80C. 

Further it has been specified that w.e.f 01.04.09 that any amount received by the employee from the new pension scheme shall be deemed not to have received in the previous year if such amount is used for purchasing an annuity plan in the previous year. 

It is emphasized that as per the section 80CCE the aggregate amount of deduction under sections 80C, 80CCC and Section 80CCD(1) shall not exceed Rs.1,00,000/-. However the contribution made by the Central Government or any other employer to a pension scheme u/s 80CCD(2) shall be excluded from the limit of Rs.1,00,000/- provided under this Section. 

Source: AIRF