New Delhi: In what can be termed good news for ex-armed forces personnel, the Cabinet on Monday approved a pension plan of Rs 23,00 crore under the ‘One Rank One Pension’ scheme. Services personnel who have retired before January 2006, will now be entitled to pension almost equal to their counterparts who superannuated after this date. The estimated cost of this proposal will be approx Rs 2,300 crore per annum. The Armed forces have been agitating for One Rank One Pension scheme for quite some time now. As per the bonanza scheme, every ex-serviceman will be eligible for the same pension at his rank, regardless of when he joined or retired. The ‘One Rank One Pension’ was a demand of 1.3-million strong defence personnel which got partly approved today based on the recommendations of a panel set up by Prime Minister Manmohan Singh. The slew of measures taken by the Government to increase pension and pay of the armed forces included enhancement of family pension, granting of dual family pension and family pension to mentally and physically challenged wards of defence personnel even after their marriage, officials said here. An official release said steps taken by the Government are expected to largely "meet the demands of the defence pensioners for one rank one pension (OROP)." The committee, headed by Cabinet Secretary Ajit Seth had submitted its report on August 08, 2012. Set up on July 13 this year on the orders of Prime Minister Manmohan Singh, the committee had Principal Secretary to the Prime Minister Pulok Chatterjee and Defence Secretary Shashi Kant Sharma as members, apart from secretaries of departments of expenditure, ex-servicemen's welfare, and personnel and training. "The gap in pension of pre- and post-January 2006 retiree jawans will be bridged by determining the pension of pre- January 2006 pensioners on the basis of notional maximum for the ranks and groups across the three Services as in case of post-January 2006 retirees," the official release said. "The pension of pre-January 2006 commissioned officer pensioners will be stepped up with reference to maximum fitment table for the ranks instead of minimum pay band," it said. The decision would be implemented from a prospective date, Defence Ministry officials said. As per the present system, personnel retiring under the 6th pay commission get more pension than their counterparts who have retired under previous pay commissions. The Cabinet also accepted the enhancement of family pension for the families of serving and retired defence personnel who have lost their lives. "The pension of pre-January 2006 family pensioners including officers, Junior Commissioned Officers and other ranks will be stepped up based on the minimum of the fitment table instead of the minimum pay band," the release said. The government also allowed the Dual Family Pension which means that the pensioner would be allowed to draw both military and civil employment pensions. It also agreed to the demand of granting family pension to mentally and physically challenged children of defence forces personnel even after their marriage. This pension was so far granted to them only till their marriage. Commenting on the virtual acceptance of the OROP demand, former Army Chief Gen VK Singh said, "They have done a lot for the good of the veterans community. They should have done it long back as it was long overdue." Meanwhile, the Cabinet Committee on Security (CCS) is expected to have discussed a proposal to set up a training academy of the Coast Guard in Kerala and an IAF proposal for procuring equipment for their aircraft. With PTI inputs For Zee News’s Updates, follow us on Twitter , Facebook, Google+, Pinterest First Published: Monday, September 24, 2012, 21:03 Post your Comments Name: Place : Email : Comments : Comments Devi Dutt Sharma - Panchkula Thanks for all ESM who fought for this suprime work. Thanks a lot. Reply Ex. Petty Officer R.U.Barbhuiya - Shillong It seems to be lollypop, lets wait and watch the actual outcome. However, thanks to Mr.PM and his team. Reply Ex-Sgt NS Choudhary - Shimla The news has been wrongly published as well as highlighted. We have nothing joyous when we go through the nitty gritty detaila of proposal.In fact, we won`t get our due till the IAS bureaucrats are nominated to decide our fate. These bureaucrats have no stake in armed forces and they see it as futile expenditure except in times of war. A paltry enhancement of sum of Rs. 400 for Havildars and equivalent is like slap on our face. So pals continue to fight till end. If PM is so sincere in his efforts just let him avoid one scam of UPA Government and give the amount for OROP. Reply Ex-Sgt SHIB NATH CHAKRABORTY 642650-K - KOLKATA LONG LIVE Mr PM &HIS ENTIRE TEAM.THANKS. Reply BRIG HS BRAR - chandigarh gOOD NEWS, THOUGH LATE. Reply Ex.Sgt Amardas udasi - indore OROP announce is not what OROP is supposed to be.please wait and watch ,what practically you are going to get..you all will come out of dream after few days.Be prepared to fight back. Reply Ex JWO U C PATRA - LUCKNOW IT IS A GREAT SURPRISE OF RELEASING A LONG PENDING DEMAND OF EX SERVICEMEN. THANKS. Reply Ex-Sgt Deepak Pandya,Indian Air Force - Vadodara,Gujarat. Sir, It is really a long pending task completed in very appropriate time of Ganeshostav time,forthcoming festivals like Dussera and Diwali ,hope the amount is credited in our account before Dewali atleast.I thank to the Central Govt. for thinking sensibly and implementing in right occassion.All Ex-Servicemen are in cheer mood after getting this news,Yesterday. Thanks and Regards, Reply Didar Singh Kalsi, Ex Sgt - Chandigarh Congratulations to all EXS.Happy ending! Reply William George, Ex CPL - Kanpur My heartiest thanks to the present Govt and its committee members for fulfilling the long awaited demands of lakhs of Ex-servicemen and Congratulations to all who would be benefited by this Festive Bonanza of 2012.. Reply Pages:123456 Most liked Comments colonel s n jha retd - patna DEAR SIR . MAY I REQUEST YOU TO KINDLY CLARIFY AS TO TO HOW MUCH BENEFIT A RETIRED SOLDIERS RANK WISE WILL GET BY GOVT GIVING ON RANK ONE PENSION. REGARDS nb/sub sansar singh, retd - pune Good news to hear after a waiting of long time. Credit goes to the leaders of the veterans who took this long outstanding demand to the highest level of the Govt. Finally the Govt has found the issue as an genuine and accord their approval. I salute the milions of veterans who got their dues in a very discipline and a systematic procedure. We have shown to Govt that we fight with external froces only and not internally. Thanks to the honorable prime minister who might have been waiting for a right time to declare. 635193-S EX Sgt Shakweel S. Shaikh (R.T.O) - Pune Thanks to all the Persons who took pain for OROP and helped the needy EX Servicemen.May Almighty bless them. 635193-S Ex Sgt Shakeel Shaikh (R.T.O) Top News Kareena lost ‘Ram Leela’ over pregnancy Support grows for Ajit Pawar No replacement for Ajit Pawar: Praful 'Ajit Pawar should withdraw resignation' Punjab ready to back FDI in retail? 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Rs.2300 crore approved to meet the demands of Ex-servicemen pensioners Civilian Pensioners can not be denied the same benefit-We will have to struggle hard for our right Civilian Pensioners can not be denied the same benefit- Will have to struggle hard for our rights Rs.2300 crore approved to meet the demands of Ex-servicemen pensioners (Release ID :87953) The Union Cabinet has approved the recommendations of the Committee headed by Cabinet Secretary for benefits to ex-servicemen on four issues. The financial implications of the improvements made as per the Cabinet decision on the four items are broadly estimated at Rs.2300 crore per annum. The details are as follows: I. One Rank One Pension: On One Rank One Pension, the demand of the Defence Forces and Ex-Servicemen Associations is that uniform pension be paid to the Defence Forces personnel retiring in the same rank with the same length of service irrespective of their date of retirement and any future enhancement in the rates of pension be automatically passed on to the past pensioners. The difference in the pension of present and past pensioners in the same rank occurs on account of the number of increments earned by the defence personnel in that rank. There is also a difference between the pension of pre 1.1.06 and post 1.1.06 retirees belonging to a particular rank. The UPA Government on two previous occasions has taken decisions to narrow the gap between the present and past pensioners, particularly those belonging to the ranks of JCOs and Other Ranks. On the issue of One Rank One Pension, the following have been approved by the Cabinet: (i) Bridging of the gap in the pension of pre 1.1.06 and post 1.1.06 JCO/OR retirees by determining the pension of pre 1.1.06 retirees on the basis of notional maximum for ranks and groups across the three Services as in the case of post 1.1.06 retirees. In addition, the weightage of qualifying service in the ranks of Sepoys, Naik and Havaldar would be increased by two years for both pre and post 1.1.06 retirees. (ii) The pension of pre 1.1.06 Commissioned Officer pensioners would be stepped up with reference to the minimum of fitment table for the ranks instead of the minimum of pay band. These are expected to largely meet the demands of the defence pensioners on one rank one pension. II. Enhancement of Family Pension : (i) The pension of pre - 1.1.2006 family pensioners(Commissioned Officers, Honorary Commissioned Officers, JCOs/ORs ) be stepped up based on the minimum of the fitment table instead of the minimum of the Pay Band; (i) Establishing linkage of the family pension with the pension of JCOs/ORs, in those cases where the death takes place after the retirement of the JCO/OR since such a JCO/OR drew a pension based on the maximum of the pay scales, 60% of the pension applicable to JCO/OR pensioners would be granted to the family pensioner in case of normal family pension calculated a 30% of last pay drawn. Accordingly, based on the rank, group and length of service of thedeceased JCO/OR pensioner, his pension would first be determined on notional basis. In cases where death of JCO/OR took place after retirement, the family pensioners in receipt of normal family pension would become entitled to 60% of the said pension determined on notional basis and those in receipt of enhanced family pension will be entitled to 100% of this pension. Similar entitlements would be determined in the case of Special Family Pension; and (ii) The family pensioner of the JCO/OR would be granted pension arrived at on the basis of the family pension worked out as per the formulation at (i) above or the pension on the basis of stepping up with reference to the minimum of the fitment table, whichever is beneficial. Further, the linkage of family pension with retiring pension be applied in the case of post 1.1.2006 family pensioners of JCOs/ORs also. III. Dual Family Pension: Dual family pension would be allowed in the present and future cases where the pensioner drew, is drawing or may draw pension for military service as well as for civil employment. IV. Family pension to mentally / physically challenged children of armed forces personnel on marriage: Grant of family pension to mentally/physically challenged children who drew, are drawing or may draw family pension would continue even after their marriage. The above recommendations made by the Committee on pension issues of Ex-Servicemen may be implemented from a prospective date and payment made accordingly. *** SH/SKS Posted by SCM at 8:31 PM Email ThisBlogThis!Share to TwitterShare to Facebook No comments: Post a Comment Links to this post Create a Link Older Post Home Subscribe to: Post Comments (Atom) Blog Archive ► 2010 (18) ► 2011 (135) ▼ 2012 (236) ► January (18) ► February (19) ► March (9) ► April (20) ► May (32) ► June (43) ► July (39) ► August (29) ▼ September (27) Expected 7% Rise in DA/DR for Central Government E... Latest information NHRC Writes to CRB-Case regarding unmarried/divoce... New Pension Scheme for Workers without benefit of ... 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Middle income group to pay Rs 20,000 for case in Supreme Courthttp://zeenews.india.com/news/nation/pay-just-rs-20-000-for-a-case-in-supreme-court_800222.htmlNew Delhi: In some good news, middle income group people can get their cases argued in the Supreme Court for a nominal fee of not more than Rs 20,000. To fulfil the requirement the annual gross salary should not exceed Rs 7.5 lakh or and the monthly income Rs 60,000. The scheme is available under the Supreme Court Middle Income Group Legal Aid Society, which is headed by a sitting judge of the Supreme Court with the Attorney General of India as its ex-official vice president. Disclosing this at a news conference here on Monday, office bearers of the society and senior counsel Ranjit Kumar and Raju Ramachandran, said middle class people who can't afford the expensive litigation in the Supreme Court can avail the services of the society for a nominal amount. The society comprises 30 prominent senior advocates, besides 100-odd advocates on record. Counsel Ravindra Bana and president of the Supreme Court Advocates on Record Association Sushil Kumar Jain were also present at the press meet. As per the Supreme Court rules it is only through advocates on record cases can be filed before it. According to Ranjit Kumar, any person desirous of availing the services of an advocate empanelled under the scheme will have to approach the secretary of the society by filing an application. The society's office is located at 109, Lawyers Chambers, Post Office Wing, located within the Supreme Court complex. Under the scheme even a senior advocate if engaged by a client can charge a maximum of Rs 9,000 for three days of hearing or for the entire case. The amount would start from as low as Rs 3,000 depending upon the stage of the petition at which it is argued. The counsel said that though the scheme was in vogue since 1995, the general public was not aware of it. Hence, efforts are being made to create awareness among the general public on the beneficial scheme. Free medicines for all at public health facilities soon: Monday, September 17, 2012,21:04 Free medicines, public health facilities, Health Ministry, 12th Plan outlay, NHMNew Delhi: With finalisation of 12th Plan outlay, Health Ministry is aiming to roll out its ambitious project for provision of free medicines to all at public health facilities across the country from November 1. Despite a scaled-down outlay of 1.95 per cent of GDP during the 12th Plan, Health Ministry officials say none of its planned schemes will be sacrificed and it is keen to launch the free medicines project soon."We should be able to work out all our schemes within the budget earmarked for the 12th Plan. No scheme will be sacrificed," a top Health Ministry official told PTI. He said, "We are keen to launch the free medicine scheme within the next two months. The effort is to launch it from November 1 and the model of Rajasthan Medical Services Corporation and that of Tamil Nadu, which has been a pioneer in this, are being studied."Once the scheme is launched, the government will provide free generic medicines to all patients coming to public health facilities - from primary and community health centres to district hospitals and medical colleges. The Health Ministry intends to earmark an amount of Rs 2,000 crore annually under the proposed National Health Mission (NHM) for supplementing the states` resources under the scheme, which will see its scaling up to Rs 6,000 crore for augmenting the supply chain management of medicines.While the Centre will supplement the states` efforts, the Health Ministry is mandating that besides creating a list of generic medicines, states should prepare standard treatment guidelines and evolve a system of procurement.The Ministry has favoured that medicines be procured centrally and their stocks be maintained which will help in drastic reduction in the cost of such medicines. Officials said by doing so, like in Rajasthan, there can be reduction in cost of medicines by up to 70 per cent.For the success of the project, the Centre is also pressing for prescription of generic medicines and ensuring that their quality is maintained through proper testing of drugs, besides developing a grievance redressal mechanism.Adequate supply of essential medicines at health centres has been an area of concern, with even the performance audit of National Rural Health Mission pointing to glaring deficiencies in the drug supply chain at health centres across India.So much so so that the CAG found expired drugs being supplied to patients at some places, defeating the very purpose of the scheme. During a performance audit of NRHM in 2008, the CAG had found essential medicines in short supply at a number of test -checked health centres.The CAG also found that the NRHM provision of two month medicine stock at a health centre was not being adhered to in most places.As many as 13 states including Assam, Delhi, Haryana, J&K, Punjab and Jharkhand had not cared to prepare the common formulary of essential drugs that should be available at a health centre, the CAG report said.The free medicines scheme being evolved now will finally take the ministry towards universal health care for all. The scheme aims to help reassert the faith of the common man in public health facilities, which the Ministry intends to strengthen across the country during the 12th Plan.PTIA REPORT FROM DECCAN CHRONICLE--- DOCTORS ARE PAMPERED BY PHARMA COMPANIESIn India, gift-giving drives drugmakers' marketing September 17, Sales representatives for Abbott Laboratories Inc's Indian subsidiaries know what it takes get a doctor to prescribe the drugs they market: a coffee maker, perhaps, or some cookware, or maybe a vacuum cleaner.These are among the many gifts for doctors listed in an Abbott sales-strategy guide for the second quarter of 2011. As laid out explicitly in the guide, doctors who pledge to prescribe Abbott's branded drugs, or who've already prescribed certain amounts, can expect some of these items in return.Consider the guide's entry for Nupod, an Abbott antibiotic generically known as cefpodoxime. It lists a medical textbook, a mosquito repellant and a coffee maker as incentives for doctors.It also provides a script of the social niceties for clinching the quid pro quo: "Dr presenting you advanced coffee maker from Philips which will make coffee within three minutes. Dr in the box we have made advancement easy for you by giving the ideal usage guidelines of the coffee maker. Dr I look forward for advancement in action i.e. our Nupod brand. Dr can get just 3 Rx per day for Nupod."Especially in India's poorer areas, says one Abbott rep, "if you give them a small gift, they are happy."A larger problemThe Abbott guide - reps say the company produces them regularly - is evidence of a larger problem in India. Dozens of doctors, drug reps and other healthcare insiders said domestic and multinational drug makers routinely shower Indian doctors with gifts, posh junkets abroad, and cash payments disguised as consultancy or other types of fees."Indian CRM," or customer-relationship management, is what industry insiders call this system of inducements. None of the doctors or reps who described their participation in this trade would speak on the record. Under Indian law, doctors are prohibited from accepting cash, gifts or travel from drug companies. Still, enforcement is rare, and drug makers may lavish gifts on doctors with impunity, though their home countries may punish the practice.In a country where doctors often make less than $10,000 a year, it can be an effective strategy."Somebody is doing something for you," says a Delhi-based cardiologist. "Obviously you will want to return the favor." He says he prescribes more drugs from companies that provide gifts and send him on paid vacations to Thailand, Hong Kong and elsewhere. One of those companies, he says, is the India-based Ranbaxy unit of Japan's Daiichi Sankyo Co."We do not sponsor vacations for doctors," a Ranbaxy spokesperson said. "We are viewed as a scientifically and academically orientated company and our promotional activities are built around academics and science."Chicago-based Abbott said that it complies with local laws and regulations in India. It added that company policy forbids employees to "offer or give a sponsorship, gift, meal or entertainment in exchange for an explicit or implicit agreement that Abbott Products will be used, purchased, ordered, recommended or prescribed or that Abbott or any Abbott products will receive any favorable treatment."So many choicesThe Indian market is particularly vulnerable to corruption because of the intense competition here. Until 2005, India flouted drug patents, refusing to rein in domestic copycats of Big Pharma's blockbusters. Brands proliferated. Today, an Indian doctor can choose from among 224 registered brands of the cholesterol-lowering drug atorvastatin, sold by Pfizer Inc as Lipitor in the U.S. and elsewhere.Foreign companies that want a piece of this crowded market "have to adapt, or they are not going to survive," says an executive with Biocon, a leading Indian biotech company. The executive says Biocon routinely gives doctors iPads, iPods, mobile phones, "you name it."A Biocon spokesperson said the executive's statements are "incorrect and absolutely untrue" and added that the company operates "in strict compliance" with the law.Public health experts and some Indian doctors say that as a result of drug companies' tactics, drugs are dangerously overprescribed and expensive brands are prescribed instead of cheap ones. That can be devastating for patients -- physically and financially -- in a country where health care is mostly private and unsubsidized and 400 million people live on less than $1.25 a day.At the Amrita Clinic, a private practice in Pune, Maharashtra State, physician Vinay Kulkarni says he refuses to accept gifts from reps, in part because he believes drug makers overcharge for their products to recoup marketing expenses. "Ultimately," he says, "everything is being paid by the patient."As Big Pharma has pushed into emerging markets like India in recent years, companies have been running into trouble with their home-market overseers. Many of the world's top drug makers have warned in recent regulatory filings of potential costs related to charges of corruption in foreign markets.Tea sets in ChinaLast year, Johnson & Johnson agreed to pay $70 million to settle U.S. charges that it paid bribes and kickbacks to win business in Greece, Iraq, Poland and Romania. Pfizer Inc recently agreed to pay $60.2 million to settle a U.S. government probe of the drug maker's use of illegal payments to win business overseas, including gifts such as cellphones and tea sets to doctors in China who prescribed the company's products.Abbott became the No. 1 pharmaceuticals company in India in 2010, when it paid $3.7 billion for the branded generics business of Mumbai-based Piramal Healthcare. Its thousands-strong Indian sales force has helped buoy the parent, as sales in emerging markets rose 23 percent to $2.59 billion in the second quarter of 2011 -- more than twice Abbott's global growth rate.Reps from Abbott True Care, Abbott Healthcare and Abbott Primary Care - all formerly part of Piramal and now subsidiaries of Abbott -- say sales plans are revealed to them at "cyclical sales meetings" every three or four months. These meetings, they say, sometimes include studying printed strategy guides like the one for second-quarter 2011 that Reuters reviewed.That guide offers no clarity on why particular gifts are paired with particular drugs. None of the items that come with Nupod, the antibiotic, go to doctors who prescribe Pantagon IT. That drug - a combination of itopride, for bloating and indigestion, and the antacid pantoprazole - comes with a stapler, a set of six glasses and a jar from Luminarc, and a Forbes Trendy Nano vacuum cleaner."THE PANTA REWARDS INPUTS MUST ONLY BE PRESENTED AT THE DRS HOME," the guide tells reps. When delivering the glassware, reps are instructed to say, "Thus Dr requesting your continuous prescription support for Pantagon IT."Prescriptions for Paraxin, a drug for typhoid fever, are rewarded with a hand sanitizer and an antique pen. Prescriptions for Lysupra, a multivitamin supplement, could earn a beaded car-seat cover "for the relaxation when you are traveling."Depending on the drug, a doctor might find himself the owner of a Kiwi shoeshine kit, an Ambi Pur car air freshener, a Birla steam iron, or a Pure Relaxation CD series. And if that's not enough, participation in a "Doctor Talent Contest" judged by Bollywood actor Boman Irani might seal the deal.Scanners and steam ironsAbbott reps say that so far this year, they have doled out, among other things, scanners, steam irons, shoes, stethoscopes and gift vouchers worth more than $100 to doctors - both private and government-employed.Amitava Guha, a member of the national working committee of the Federation of Medical and Sales Representatives' Associations of India, worked as a rep for decades, including for Piramal from 1997 to 2008, when he retired. "Everybody is doing it," he says. "I was doing it when I was in service.... They said that it is your job to go and give to the doctors."He says he resisted giving anything but the smallest gifts, like pens. Today, he says, he receives frequent complaints from reps across the country about the practice. It taints their professional image, he says. Also, it's hard work toting around all those gifts. "They have been given huge extra bags to carry," he says. "One on the shoulders and two others in the hands."The managing director of a large diabetes clinic in Calcutta says he sees as many as 25 reps a day. "Whatever you like, they can provide you," this doctor says.His interview with Reuters was interrupted when a man squeezed into his office and placed a big yellow box on the table. "Sir, this is an exquisite casserole set," the visitor said, slipping the doctor a note bearing the brand name Rostar, a cholesterol-lowering medicine from Mumbai-based Unichem Laboratories Ltd.Unichem did not respond to requests for comment.Guha, the union federation official, says that reps have begun reporting a shift in emphasis away from the types of gifts listed in Abbott's guide toward free "foreign tours" and outright cash payments, often made under the guise of public health initiatives or research.Every year, Abbott, collaborating with doctors and other groups, conducts hundreds of "health camps" across India to raise awareness about conditions such as diabetes, high cholesterol, anemia, breast cancer, sleep problems and thyroid disease.Abbott says these programs "generally incorporate diagnosis, prevention and education. � The focus of these camps is around disease and not products."In the name of scienceReps say public health isn't always the point. "This is a business transaction," says one. This rep says that at a diabetes camp he worked on, patients were given random blood-sugar tests - not a valid means of diagnosing diabetes - and based on the result, were prescribed Abbott oral diabetes medications by the participating doctor.Similarly, reps and doctors say companies try to boost sales through so-called non-interventional post-marketing studies, commonly used around the world to monitor the safety and efficacy of drugs after they have been approved for sale.Doctors and reps say that often, companies use these studies as cover for paying doctors to prescribe the drugs under study. According to one Abbott rep, the company doesn't pay doctors if sales at nearby pharmacies don't increase.A doctor who has done post-marketing studies in India says the companies rarely monitor the studies or check the data. "We all understand that post-marketing studies are not really true studies," says the doctor, a diabetes specialist at a Calcutta hospital. They're "just a way to offer an honorarium. So we also don't take them seriously."Posted by SCM at 8:50 PM No comments:Email ThisBlogThis!Share to TwitterShare to FacebookLinks to this postSCOVA 21st-Official AgendaSCOVA 21st-Official agendahttps://dl.dropbox.com/u/22740206/SCOVA%2021st%20Official%20Agenda.pdfPosted by SCM at 2:55 AM No comments:Email ThisBlogThis!Share to TwitterShare to FacebookLinks to this postSaturday, September 15, 2012BPS monthly magazine Sept 2009BPS monthly magazine Sept 2009Posted by SCM at 8:53 AM No comments:Email ThisBlogThis!Share to TwitterShare to FacebookLinks to this postLabels: InformativeFriday, September 14, 2012Change in date of birth/Age of Pensioner/Family Pensioner-DOP & PW dated 13.09.2012Posted by SCM at 8:17 AM No comments:Email ThisBlogThis!Share to TwitterShare to FacebookLinks to this postLabels: InformativeSettle case with mom, court tells MongiaSettle case with mom, court tells MongiaMUMBAI: A Mumbai court has asked former cricketer Nayan Mongia to settle a domestic violence case with his mother, saying that it involved his family and asking him to appear before the Lok Adalat on September 16, 2012. "We are ready to settle as we do not want this matter to drag on," said a source close to Mongia's mother Gyandevi (69). Mongia's lawyer Kshitij Mehta alleged the case was lodged at the instigation of Mongia's siblings. "The court suggested we settle the issue, but there is no direction. We will consider it," Mehta said. In her application, Gyandevi claimed that after her husband's death in December 2010, she was ill-treated by her son and daughter-in-law. She was forced to shift to Mumbai where her daughter lived in March, 2011. Gyandevi had a bypass surgery and has five stents in her heart. She said she spent around Rs 7-8 lakh for her treatment and alleged physical and mental violence and sought the court's direction to Mongia to pay her the money she spent on her treatment and a monthly maintenance. She alleged Mongia refused to give her the property her husband bequeathed to her. Mongia filed a case challenging the will. Mongia's lawyers challenged the jurisdiction of a Mumbai court to hear the case as Mongia and his mother lived in Baroda. The magistrate, though, observed that the Mumbai court could hear the case.Posted by SCM at 7:40 AM No comments:Email ThisBlogThis!Share to TwitterShare to FacebookLinks to this postLabels: InformativeDOPT issued ‘Frequently Asked Questions’ (FAQ) on ‘Right to Information Act’ (RTI)DOPT issued ‘Frequently Asked Questions’ (FAQ) on ‘Right to Information Act’ (RTI)DOPT issued FAQ on RTIDepartment of Personnel and Training has issued an another clarifications on Right to Information Act (RTI) as in the form of FAQ. Nearly seventeen questions and answers are compiled with simple and effective information. We reproduced the contents of the FAQ and given below for your reference…FREQUENTLY ASKED QUESTIONS (FAQs) ON RTI (AS ON JANURARY 2012)Q.1. What is Information? Information is any material in any form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force. Q.2 What is a Public Authority? A "public authority" is any authority or body or institution of self government established or constituted by or under the Constitution; or by any other law made by the Parliament or a State Legislature; or by notification issued or order made by the Central Government or a State Government. The bodies owned, controlled or substantially financed by the Central Government or a State Government and non-Government organisations substantially financed by the Central Government or a State Government also fall within the definition of public authority. The financing of the body or the NGO by the Government may be direct or indirect. Q.3 What is a Public Information Officer? Public authorities have designated some of its officers as Public Information Officer. They are responsible to give information to a person who seeks information under the RTI Act.Q.4 What is an Assistant Public Information Officer? These are the officers at sub-divisional level to whom a person can give his RTI application or appeal. These officers send the application or appeal to the Public Information Officer of the public authority or the concerned appellate authority. An Assistant Public Information Officer is not responsible to supply the information. The Assistant Public Information Officers appointed by the Department of Posts in various post offices are working as Assistant Public Information Officers for all the public authorities under the Government of India. Q.5. What is the Fee for Seeking Information from Central Government Public Authorities? A person who desires to seek some information from a Central Government Public Authority is required to send, along with the application, a demand draft or a banker’s cheque or an Indian Postal Order of Rs.10/- (Rupees ten), payable to the Accounts Officer of the public authority as fee prescribed for seeking information. The payment of fee can also be made by way of cash to the Accounts Officer of the public authority or to the Assistant Public Information Officer against proper receipt. However, the RTI Fee and the mode of payment may vary as under Section 27 and Section 28, of the RTI Act, 2005 the appropriate Government and the competent authority, respectively, by notification in the Official Gazette, make rules to carry out the provisions of this Act.Q.6. What is the Fee for the BPL applicant for Seeking Information? If the applicant belongs to below poverty line (BPL) category, he is not required to pay any fee. However, he should submit a proof in support of his claim to belong to the below poverty line. Q.7. Is there any specific Format of Application? There is no prescribed format of application for seeking information. The application can be made on plain paper. The application should, however, have the name and complete postal address of the applicant. Q.8. Is it required to give any reason for seeking information? The information seeker is not required to give reasons for seeking information.Q.9. Is there any provision for exemption from Disclosure of Information? Sub-section (1) of section 8 and section 9 of the Act enumerate the types of information which is exempt from disclosure. Sub-section (2) of section 8, however, provides that information exempted under sub-section (1) or exempted under the Official Secrets Act, 1923 can be disclosed if public interest in disclosure overweighs the harm to the protected interest. Q.10. Is there any assistance available to the Applicant for filing RTI application? If a person is unable to make a request in writing, he may seek the help of the Public Information Officer to write his application and the Public Information Officer should render him reasonable assistance. Where a decision is taken to give access to a sensorily disabled person to any document, the Public Information Officer, shall provide such assistance to the person as may be appropriate for inspection.Q.11. What is the Time Period for Supply of Information? In normal course, information to an applicant shall be supplied within 30 days from the receipt of application by the public authority. If information sought concerns the life or liberty of a person, it shall be supplied within 48 hours. In case the application is sent through the Assistant Public Information Officer or it is sent to a wrong public authority, five days shall be added to the period of thirty days or 48 hours, as the case may be. Q.12. Is there any provision of Appeal under the RTI Act? If an applicant is not supplied information within the prescribed time of thirty days or 48 hours, as the case may be, or is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority who is an officer senior in rank to the Public Information Officer. Such an appeal, should be filed within a period of thirty days from the date on which the limit of 30 days of supply of information is expired or from the date on which the information or decision of the Public Information Officer is received. The appellate authority of the public authority shall dispose of the appeal within a period of thirty days or in exceptional cases within 45 days of the receipt of the appeal. Q.13. Is there any scope for second appeal under the RTI Act? If the first appellate authority fails to pass an order on the appeal within the prescribed period or if the appellant is not satisfied with the order of the first appellate authority, he may prefer a second appeal with the Central Information Commission within ninety days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant.Q.14. Whether Complaints can be made under this Act? If yes, under what conditions? If any person is unable to submit a request to a Public Information Officer either by reason that such an officer has not been appointed by the concerned public authority; or the Assistant Public Information Officer has refused to accept his or her application or appeal for forwarding the same to the Public Information Officer or the appellate authority, as the case may be; or he has been refused access to any information requested by him under the RTI Act; or he has not been given a response to a request for information within the time limit specified in the Act; or he has been required to pay an amount of fee which he considers unreasonable; or he believes that he has been given incomplete, misleading or false information, he can make a complaint to the Information Commission. Q.15. What is Third Party Information? Third party in relation to the Act means a person other than the citizen who has made request for information. The definition of third party includes a public authority other than the public authority to whom the request has been made.Q.16. What is the Method of Seeking Information? A citizen who desires to obtain any information under the Act, should make an application to the Public Information Officer of the concerned public authority in writing in English or Hindi or in the official language of the area in which the application is made. The application should be precise and specific. He should make payment of application fee at the time of submitting the application as prescribed in the Fee Rules. Q.17. Is there any organization(s) exempt from providing information under RTI Act? Yes, certain intelligence and security organisations specified in the Second Schedule, are exempted from providing information excepting the information pertaining to the allegations of corruption and human rights violations.Posted by SCM at 1:41 AM No comments:Email ThisBlogThis!Share to TwitterShare to FacebookLinks to this postLabels: InformativeTuesday, September 11, 2012Reduction in Pension and Recovery from Pension already paid. By M. L. Kanaujia, IRSSE, CCE/N.E.Railway(Rtd.)Reduction in Pension and Recovery from Pension already paid.By M. L. Kanaujia, IRSSE, CCE/N.E.Railway(Rtd.)There is lot of confusion on the subject of Reduction in Pension already sanctioned and Recovery from Pension already paid.1. Central Govt. Pensioners except Railway :1.1. With regard to pensioners governed by the CCS(Pension) Rules1972, the Rule 8 provide for clearly the provision in this respect. According to this, the pension cannot be reduced, once sanctioned and no recovery from pension can be done, except , in case a pensioner has been convicted of serious crime by a Court of law or pensioner has been found guilty of grave misconduct, that too, after following the laid down procedure.1.2 The expression `serious crime' includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923).1.3 The expression `grave misconduct' includes the communication or disclosure of any secret official code or password or any sketch, plan, model, article, note, document or information, such as is mentioned inSection 5 of the Official Secrets Act, 1923 (19 of 1923) (which was obtained while holding office under the Government) so as to prejudicially affect the interests of the general public or the security of the State.1.4 Detailed procedure is provided in these rules if pension is to be reduced or recovery is to be effected , where pensioner is convicted of a serious crime or found guilty of grave misconduct.1.5 These rules are therefore, very clear and unambiguous.1.6 Rule 8 of CCS(Pension) Rules 1972, along with Govt. of India’s decisions, is attached herewith as Annexure 1 for ready reference. It may be mentioned here that these Rules do not cover Railwayemployees/officers for whom Railway Service Pension Rules 1993 exist, which are discussed later in this write up.2. Railway Pensioners :2.1 Railway Services Pension Rules 1993 as amended up to 28.3.2012, Rule 8 and 9 provide for rules and procedure to be followed for reduction in pension and recovery from pension. According to this, thePension is subject to future good conduct. Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules. The appointing authority may, by order in writing, withhold orwithdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct.2.2 Serious crime includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923).2.3 Grave misconduct includes the communication or disclosure of any secret official code or password or any sketch plan, model, article,note, documents or information, such as is mentioned in section 5 of theOfficial Secrets Act, 1923 (19 of 1923) which was obtained while holding office under the Government so as to prejudicially affect the interests of the general public or security of the State.2.4 Detailed procedure is provided in these rules if pension is to be reduced or recovery is to be effected , where pensioner is convicted of a serious crime or found guilty of grave misconduct.2.5 The provision of rules 8 & 9 are, therefore, very clear and unambiguous.2.6 However, there is further provision of Revision of pension after sanction contained in Rule 90 of Railway Services Pension Rules 1993 as amended up to 28.3.2012 which says “ Subject to the provisions of rules 8and 9 pension once sanctioned after final assessment shall not be revised to the disadvantage of the railway servant unless such revision becomes necessary on account of detection of a clerical error subsequently.”2.7 Detailed procedure has been given in Rule 90 when pension is to be revised to the disadvantage of the railway servant on account of detection of a clerical error subsequently.2.8 Surprisingly, no details are provided in Rule 90 as to what would constitute a “clerical error”.2.10 Provision of Rule 90 of Railway Services Pension Rules 1993 as amended up to 28.3.2012 are therefore, very “ambiguous” and are thus unlikely to stand in judicial review before a higher Court of law.2.11 Railway Services Pension Rules , Rules 8, 9 and 90 are attached herewith as Annexure 2, for ready reference.C. State Govt. Pensioners :The State Govts., for their Employees/Officers/Pensioners and for Officers of All India Services, have, in some form or the other made rules exactly on the lines of CCS(Pension Rules) 1972.D. Judicial Review :A number of Judgments of various High Courts of India, are available,holding that pension once sanctioned cannot be reduced or recovery from pension made except when a pensioner has been convicted of seriouscrime by a Court of law or pensioner has been found guilty of grave misconduct, that too, after following the laid down procedure in each case.xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxAnnexure 1. Extract Rule 8 of CCS(Pension) Rules 1972 :8. Pension subject to future good conduct(1) (a) Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules.2(b) The appointing authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct.Footnote 2. Substituted by G.I., Dept. of Per. & A.R., NotificationNo. 6 (A), Pen.(A)/79, dated the 19th May, 1980.3Provided that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of 4[rupees three hundred and seventy-five] per mensem.Footnote 3. Inserted by G.I., Dept. of Per. & A.R., Notification No. F. 38 (4) Pen. (A)/80, dated the 8th August, 1980.4. Substituted by G.I., Dept. of P. P.W., Notification No. 2/18/87-P. &P.W. (PIC), dated the 20th July, 1988, published as S.O. No. 2388 in the Gazette of India, date the 6th August, 1988.(2) Where a pensioner is convicted of a serious crime by a Court of Law, action under sub-rule (1) shall be taken in the light of the judgment of the court relating to such conviction.(3) In a case not falling under sub-rule (2), if the authority referred to in sub-rule (1) considers that the pensioner is prima facie guilty of grave misconduct, it shall before passing an order under sub-rule (1),(a) serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken and calling upon him to submit, within fifteen days of the receipt of thenotice or such further time not exceeding fifteen days as may be allowed by the 1[appointing authority] such representation as he may wish to make against the proposal; andFootnote : 1. Substituted by G.I., Dept. of Per. & A.R., Notification No. 6 (A), Per. (A)/79, dated the 19th May, 1980.(b) take into consideration the representation, if any, submitted by the pensioner under Clause (a).(4) Where the authority competent to pass an order under sub-rule (1) is the President, the Union Public Service Commission shall be consulted before the order is passed.(5) An appeal against an order under sub-rule (1), passed by any authority other than the President, shall lie to the President and the President shall, in consultation with the Union Public Service Commission, pass such orders on the appeal as he deems fit.EXPLANATION. - In this rule, -(a) the expression `serious crime' includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923);(b) the expression `grave misconduct' includes the communication or disclosure of any secret official code or password or any sketch, plan,model, article, note, document or information, such as is mentioned inSection 5 of the Official Secrets Act, 1923 (19 of 1923) (which was obtained while holding office under the Government) so as to prejudicially affect the interests of the general public or the security of the State.8. GOVERNMENT OF INDIA'S DECISIONSStoppage or reduction of pension for reasons other than misconduct not permissible Intimation of cases of convicted pensioners(1) Stoppage or reduction of pension for reasons other than misconduct not permissible. - Pension are not in the nature of reward but there is a binding obligation on Government which can be claimed as a right. Theirforfeiture is only on resignation, removal or dismissal from service. After a pension is sanctioned, its continuance depends on future good conduct videArticle 351, CSR [Rule 8, CCS (Pension) Rules, 1972] but it cannot be stopped or reduced for other reasons.[G.I., M.F., U.O. No. D-2776/E, V/52, dated the 8th May, 1959.](2) Intimation of cases of convicted pensioners. - Under Article 351, CSR [Rule 8, CCS (Pension) Rules, 1972] future good conduct is an implied condition of the grant of every pension and Government has the right to withhold or withdraw a pension or any part of it if the pensioner is convicted of a serious crime or found guilty of grave misconduct. It is, therefore,necessary to ensure that cases where pensioners are convicted by a Court of any crime are also brought to the notice of Government. The Government of India, Ministry of Home Affairs, therefore, request that if the State Government have no objection, instructions may kindly be issued toprosecuting officers under the control of the State Government to ensure the prompt intimation of such cases to the administrative authorities concerned in future.[G.I., M.H.A., O.M. No. 50/2/59-Ests. (A), dated the 7th October, 1959.]Annexure 2.Railway Services Pension Rules 1993 as amended up to 28.3.2012Extract Rule 8 :8. Pension subject to future good conduct- (1)(a) Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules.(b) The appointing authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct.Provided that where a part of pension is withheld or withdrawn, the amountof such pension shall not be reduced below the amount of rupees three hundred and seventy five per mensem.(2) Where a pensioner is convicted of a serious crime by a court of law, action under sub-rule (1) shall be taken in the light of the judgment of the court relating to such conviction.(3) In a case not falling under sub-rule (2), if the authority referred to in subrule (1) considers that the pensioner is prima facie guilty of grave misconduct, it shall, before passing an order under the sub-rule (1)(a) serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken and calling upon him to submit , within fifteen days of the receipt of the notice or such further time not exceeding fifteen days as may be allowed by the appointing authority, such representation as he may wish to make against the proposal; and (b) stake into consideration the representation, if any, submitted by the pensioner under clause (a).(4) Where the authority competent to pass an order under sub-rule (1) is the President, the Union Public Service Commission shall be consulted before the order is passed.(5) An appeal against an order under sub-rule (1), passed by any authority other than the President shall, in consultation with the Union Public Service Commission, pass such orders on such appeal, as he deems fit.Explanation: In this rule the expression-(a) serious crime includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923);(b) grave misconduct includes the communication or disclosure of any secret official code or password or any sketch plan, model, article, note, documents or information, such as is mentioned in section 5 of the Official Secrets Act, 1923 (19 of 1923) which was obtained while holding office under the Government so as to prejudicially affect the interests of the general public or security of the State.Extract Rule 9 :9. Right of the President to withhold or withdraw pension.(1) The President reserves to himself the right of with holding or withdrawing a pension or gratuity, or both, either in full or in part, whether permanently or for a specified period, and of ordering recovery from apension or gratuity of the whole or part of any pecuniary loss caused to the Railway, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of hisservice, including service rendered upon re-employment after retirement; Provided that the Union Public Service Commission shall be consulted before any final orders are passed.Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of rupees three hundred seventy five per mensem.(2) The departmental proceedings referred to in sub-rue (1) -(a) if instituted while the railway servant was in service whether before his retirement or during his re-employment, shall after the final retirement of the railway servant, be deemed to be proceeding under this rule and shall be continued and concluded by the authority by which they commenced in the same manner as if the railway servant had continued in service.Provided that where the departmental proceedings are instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President;(b) if not institute while the railway servant was in service, whether before his retirement or during his re-employment-(i) shall not be instituted save with the sanction of the President;(ii) shall not be in respect of any event which took place more than four years before such institution; and(iii) shall be conducted by such authority and in such place as the President may direct and in accordance with the procedure applicable to departmental proceedings in which and order in relation to the railwayservant during his service.(1) In the case of a railway servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings arecontinued under sub-rule (2), a provisional pension as provided in rule 10 shall be sanctioned.(Authority: Railway Board s letter No. F(E)III/99/PN 1/(Modification) dated 23.5.2000)(4) Where the President decides not to withhold or withdraw pension but orders recovery of pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one third of the pension admissibleon the date of retirement of a railway servant.(5) For the purpose of this rule -(a) departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the railway servant or pensioner, or if the railway servant has been placed under suspension froman earlier date, on such date; and(b) judicial proceedings shall be deemed to be instituted-(i) in the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes cognisance, is made; and(ii) in the case of civil proceedings, on the date the plaint is presented in the Court.Extract Rule 90 :90. Revision of pension after sanction.(1) Subject to the provisions of rules 8 and 9 pension once sanctioned after final assessment shall not be revised to the disadvantage of the railway servant unless such revision becomes necessary on account ofdetection of a clerical error subsequently:Provided that no revision of pension to the disadvantage of thepensioner shall be ordered by the Head of Office without the concurrence of the Railway Board if the clerical error is detected after a period of two years from the date of sanction of pension.(2) For the purpose of sub-rule (1), the retired railway servant concerned shall be served with a notice by the Head of Office requiring him to refund the excess payment of pension within a period of two months fromthe date of receipt of notice by him.(3) In case the railway servant fails to comply with the notice,the Head of Office shall, by order in writing, direct that such excess payment shall be adjusted in installments by short payments of pension in future, in one or more installments, as the Head of Office may direct.Posted by SCM at 9:53 AM No comments:Email ThisBlogThis!Share to TwitterShare to FacebookLinks to this postLabels: InformativeOlder Posts HomeSubscribe to: Posts (Atom)Blog Archive ► 2010 (18) ► 2011 (135) ▼ 2012 (225) ► January (18) ► February (19) ► March (9) ► April (20) ► May (32) ► June (43) ► July (39) ► August (29) ▼ September (16) Expected 7% Rise in DA/DR for Central Government E... 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