Saturday, December 3, 2016

Acid attack survivors to come under disability law - By Subodh Ghildiyal

The Armed Forces disabled personnel are not covered under the Persons with Disabilities Act, 1995. When will Services HQ/MOD take-up the issue of MILITARY DISABLED FOR INCLUSION IN PWD Act,1995, with the SOCIAL JUSTICE MINISTRY?


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NEW DELHI: Persons afflicted with Parkinson's disease and acid attack survivors will soon be considered disabled under law. The Persons with Disabilities Bill (PWD), which is set to be tabled in Parliament, lists 21 infirmities. People falling under these 21 categories will be recognised as disabled and be eligible for affirmative action and benefits under the law.

A proposed amendment to the 1995 Act had increased number of disabilities from seven to 19. However, the bill was referred to a group of ministers for discussion and two more categories were added. The Supreme Court had asked the government to consider the disabled tag for acid attack victims, and the home ministry too had made a similar recommendation.

The GoM also pushed for inclusion of Parkinson's disease in the PWD Act. They argued that the disorder was a debilitating stigma in rural areas and recognising it would help sensitise the general population. The other key additions to the 1995 Act are autism, thalassemia, haemophilia, multiple scelerosis, sickle cell disease and dwarfism.

Sources said that social justice minister Thawar Chand Gehlot was likely to move the bill for passage in Rajya Sabha on Friday, with the government keen to announce the updated law on Saturday to coincide with World Disability Day. Apparently, the idea of branding the legislative achievement by coupling it with the disability day kept the Centre from announcing the Cabinet nod to the bill on Wednesday.

Top Comment

Good move by the govt to bring them under disability law. In most cases the under privileged are attacked and besides undergo trauma they are left to fend themselves for treatment. if they are bought... Read MoreShridhar Iyengar

If the bill secures Parliament's nod, it would be a major upgrade of the disabilities' statute, given that the number of handicaps have remained frozen at seven for two decades. The amended bill entitles every child between 6 and 18 years with "benchmark disability" the "right to free education". It also increases reservation in higher educational institutions from 3% to 4% for students with benchmark disabilities.

The bill hikes reservation in government jobs from 3% to 4% and stresses on easy accessibility in public transport. According to the provisions, the offices of the chief commissioner of persons with disabilities and the state commissioners of disabilities will be strengthened. They will act as regulatory bodies and grievance redressal agencies and will monitor implementation of the Act — with the bill providing for penalties for offences against people with disabilities. The bill has proposed a fund to provide financial support to the disabled.

(Source- Times of India)


No.6/8/2016- CPC
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi – 110 001
Dated: November 23rd, 2016
Subject: Record Note of the Discussion on DOPT-Specific Allowances, held with Staff Side, National Council (JCM) on 25th October, 2016 under the Chairmanship of Secretary (P)
The undersigned is directed to forward herewith a copy of Record note of the Discussion on DOPT-Specific Allowances with Staff Side held on 25th October, 2016 at 1500 hours in Room No. 119, Conference Room, North Block, New Delhi under the Chairmanship of Secretary (P) for information and necessary action.
(D.K. Sengupta )
Deputy Secretary (JCA)
Tel. No. 2309 2982
A discussion on the DoPT-specific allowances with the Staff-Side National Council (JCM) was held at 3.00 p.m. on 25.10.2016 under the Chairmanship of Secretary(Personnel) in Room No. 119, North Block, New Delhi in compliance of the direction contained in the minutes of the 2nd meeting of the Committee on Allowances held on 01.09.2016 that every Ministry/Department should firm up its views/comments on allowances relating to the Ministry/ Department after holding discussion with their Staff Associations.
2. List of participants is at Annexure.
3. At the outset JS(JCA) welcomed all the members of the Staff side of the National Council of JCM to the discussion on department specific allowances. JS(JCA) informed that in the second meeting of the Committee on Allowances it was decided that all the department specific allowances will be discussed with the JCM. After a brief introduction it was decided to discuss the following department specific allowances on which DOPT has received the comments from Staff-Side.
> Children Education Allowance (CEA)
The Staff-Side stated that the benefit of Children’s Education Allowance should be extended to the Graduate and Post Graduate levels also. They informed that the private institution are charging -exorbitantly. It was further stated that, subject to a ceiling on tuition fees and hostel fees, the CEA should be extended to the Graduate and Post Graduate levels. Staff-Side further informed that they had also represented to the Pay Commission for simplifying the procedure wherein they had suggested that reimbursement should be based on the bonafide certificates from the schools where the children were studying. This suggestion has been accepted by the Pay Commission and the Staff-Side requested that it should be implemented. Some questions were raised on DOPT’s circular on e-receipt.
On the issue of DOPT’s circular on e-receipt, Secretary, DoPT clarified that the circular had been issued before the government accepted the 7th Pay Commission recommendation.
(Action: JS(Estt.)
➢ Night Duty Allowance (NDA)
Staff-Side pointed out that despite a Board of Arbitration award in favour of employees that Night Duty Allowance (NDA) should be given in the 5th CPC pay scale from 01.01.1996, the NDA was still being paid at the 4th CPC rate as the Government did not accept the award.
Staff side further stated that this had led to a lot of litigation in the M/o Defence and the matter had gone up to the Supreme Court. Hon’ble Supreme Court had directed that it should be paid on the basis of the actual pay drawn and that NDA should be revised w.e.f. 01.04.2007 at the 6th CPC pay scale which had been implemented by the Government. However, audit authorities came up with an objection that there was a ceiling on it which had been objected to by the Staff-Side.
The Staff-Side informed that the Ministry of Defence had forwarded a proposal recommending that Night Duty Allowance (NDA) may be paid without any eligibility ceiling as per the court judgment to DoPT. It was further said that since the matter is getting delayed, affected employees are contemplating to file a contempt of court proceedings. To avoid such a situation, DoPT may kindly get the necessary clarification issued to Ministry of Defence.
Apart from that, the 7th Central Pay Commission has recommended that it should be worked out with the actual pay of the employee being the criterion. However, in spite of that, except for the Ministries of Defence and Railways, employees working in other Ministries/Departments are getting it at 4th CPC rate. Thus, the absence of uniformity-on-this-allowance-across Ministries /Departments is very glaring which, according to the Staff-Side, is a principal source of litigation and will continue to remain so. Therefore, the Staff-Side suggested that an early revision of the NDA without ceiling, and on the basis of the actual basic pay, and extending it to whoever is asked to do night duty will go a long way in reducing litigations in the future.
(Action: JS(Estt.)
Over Time Allowance (OTA)
Staff-Side pointed out that there are two types of over time duty. One is covered under the Factories Act, 1948, and the other is for the office staff. In the first case, since it is a statutory obligation, the Pay Commission has not recommended anything. But for those Central Government employees who are not covered under the statutory provisions of the Factories Act, OTA is paid at a single rate of Rs.15.85/-only and, that too, for the first hour immediately after the scheduled office closing time, it is Nil. In case of OTA there is also an arbitration award from 01.01.1996 that it should be at par with the 5th CPC pay scale. However, neither it has been implemented nor have the rates been revised.
The Staff-Side stated that if an employee is asked to work after office hours, the rate of OTA should be as per 7th CPC pay scale. Staff-Side were of the opinion that overtime means working after office hours, and asking an employee to work beyond office hours automatically entitles him/her to this allowance. The over time rates should also be above the normal level. It was pointed out by them that as per 7th CPC, an MTS is paid @ Rs.75/hour; whereas overtime allowance is @ Rs. 15.85/- only. Even an outsider employed on casual basis is being paid hourly wages which are more than OTA. The Staff-Side were strongly of the view that if government is deploying a person on overtime work then he has to be paid at least according to the rate of salary which he is getting.
(Action: JS(Estt.)
➢ Cash Handling Allowance (CHA)
Staff-Side informed that the 7th CPC recommendation on its abolition is based on the fact that in most of the offices today salary disbursement is not made in cash. It is credited to the individual bank accounts. But cash transactions did take place in certain offices like the Post Offices where cash handouts are made under the Mahatma Gandhi _National Rural Employment Guarantee Act. PLI was also another example. Therefore, if it was stopped all of a sudden, there would be no interest in working as cashiers and for taking the’ additional responsibility of handling huge amounts of cash. Therefore, the Staff-Side contended that till all cash transactions are eliminated, CHA should continue.
It was also pointed out by them that this allowance depended on the amount of cash transaction; when the volume of cash transaction came down, the allowance would also proportionately come down.
(Action: JS(Estt.)
Uniform related allowances subsumed in a single Dress allowance (including shoes)
Staff-Side informed that the 7th Pay Commission had recommended that Persons Below Officers Rank (PBOR) should be given DressAllowance @ Rs.10,000/- per month instead of stitched uniforms. There are 5 Ordnance Factories under Ministry of Defence where persons are exclusively deployed to produce special high altitude dresses for the combat forces of the army. 12000 employees are working in these 5 factories. Therefore, if a uniform rate like this is maintained, it will have an adverse impact on the quality of these high altitude uniforms and will thus jeopardise the safety of the armymen and the nation as a whole. Staff-Side is stated to have already made a request to M/o Defence not to implement this recommendation. Army has also taken a stand that this will result in substandard or sub quality material and workmanship. Therefore, this recommendation on the Dress Allowance for PBOR should not be implemented.
As far as Civilian employees are concerned, Staff-Side informed that the 7th CPC had recommended four slabs of Dress Allowances for various categories. One of the categories is called Others’. In the Department of Posts there were about 75,000 postmen and Multi Tasking Staff wearing uniform, however, there was no mention about these postmen and multi tasking staff in any of the categories shown by the Pay Commission. If it was presumed that they come under ‘Others’, then they would be getting Rs. 5,000 whereas at present they were getting around Rs. 7,000 plus washing allowance. As such a separate category should be there for postmen and MTS also and the allowance should be Rs.10,000/-.Staff-Side pointed out that there were many categories like canteen employees, security staff, chowkidars who had not been mentioned and who were eligible for uniform or uniform allowances. It had to be, therefore, clarified that these categories would be covered under Others’. Staff-Side stated that whosoever is getting Dress Allowance as on today should continue to get that. Staff-Side also informed that the recommendations on Dress Allowance had created a lot of discrimination among staff working in similar circumstances.
Staff-Side drew attention to the Dress Allowance with respect to the Nursing Staff. They informed that earlier also Nursing Staff were not given normal washing allowance or dress allowance considering the importance or the peculiar conditions prevailing in hospitals. Now they had also been bracketed in the general category. They were getting Rs.750 as Uniform Allowance and Rs. 450 as Washing Allowance per month. Now there is no separate category that has been given to them. For them a different dispensation should be made taking into account their special requirements because they work in such an environment where their uniforms require regular washing entailing a substantial expenditure. As these have not been accounted for in the 7th CPC, the nursing staff should have a special dispensation, as was strongly felt by the Staff-Side.
JS (JCA) requested Staff-Side to submit a note on the justification or break-up of the amount of Rs.32,400(maximum) as suggested by them and the Staff-Side agreed to provide the same.
(Action: JS(JCA)/Staff-Side)
> Risk Allowance
The Staff-Side informed that Ministry of Defence is engaged in arms and ammunitions manufacturing etc. In the process of manufacturing them, the staff engaged for this purpose, have to handle hazardous chemicals, acids and so many other poisonous combinations. Cabinet has approved 45 risk operations pertaining to Defence civilian employees. Apart from that, because of the rapid technological developments and increased requirement of the armed forces for modern equipments, ammunitions and explosives, risky operations are there of which Ministry of Defence is aware. In spite of this, the existing Risk Allowance has been abolished by the Pay Commission. It was pointed out by the Staff- Side that it had not been subsumed under the risk and hardship matrix, but rather it came in the abolition list. Staff-Side informed that they have discussed this with Defence Secretary and Defence Ministry is going to recommend in favour of its inclusion in one of the matrix.
In response to the query of Secretary, DOPT as to whether the activities which have been considered to be risky have all been identified, Staff-Side clarified that it has been identified by a High Level Committee and approved by the Cabinet. 45 risk operations have been identified and approved. But within a period of two decades, lot of new ammunitions and new explosives have come in the arsenal, alongwith a lot of hazardous chemicals and acids. So, M/o Defence appointed a Committee and they have identified that all these are additional risk operations over and above the 45 identified, where Defence Civilian employees are actively involved. But the Pay Commission has abolished Risk Allowance. So this has to be incorporated in one of the risk matrix.
(Action: JS,Estt.)
> Other Items
Staff-Side has pointed out that in the 7th CPC report it has been stated that any allowance not mentioned and hence not reported to the Commission shall cease to exist immediately. They have requested that this recommendation should be rejected. On the contrary, the administrative Ministries should come forward and recommend for their abolition or retention.
Staff-Side has also stated that 7th CPC had abolished all advances completely. Noting that we regularly celebrate a number of festivals like Diwali, Holi, Eid and keeping the general sentiment in mind, Staff side was of the view that advances were very necessary. Moreover, these advances are required to be paid back to the Government.
On Family Planning Allowance, the Staff-Side stated that since the Government had not changed its Family Planning policy, the allowance should be continued. At least in the case of those people who were getting it should continue to get as they had fulfilled all conditions when the allowance was granted, otherwise there would be a drop in their emoluments.
The Staff-Side also demanded that the 7th CPC had not revised the rate of Fixed Medical Allowance for pensioners. Therefore, the Fixed Medical Allowance for pensioners may be revised to Rs. 2,000/- from the existing Rs. 500/-.
(Action D/o Expenditure/ Ministry of Health & FM)

THE FLAG DOES NOT FLY BECAUSE THE WIND MOVES PAST IT - IT FLIES FROM THE LAST BREATH OF EACH MILITARY MEMBER WHO DIED SERVING IT : They die for me and mine and you and yours and deserve our honor and respect. Thank you all who have served, or are serving.We Will not forget!!!!



My lead flight attendant came to me and said, "We have an H.R. On this Flight."(HR Stands for human remains.) 

     "Are they military?" I asked.

     'Yes', she said.

     'Is there an escort?' I asked. 

     'Yes, I've already assigned him a seat'. 

     'Would you please tell him to come to the Flight Deck. You can board him Early," I said... 

     A short while later a young army sergeant entered the flight deck. He was the image of the perfectly dressed soldier. He introduced himself and I Asked him about his soldier.

     The escorts of these fallen soldiers talk about them as if they are still alive and still with us.  'My soldier is on his way back to Virginia,' he said. He proceeded to answer my questions, but offered no words. 

     I asked him if there was anything I could do for him and he said no.  I told him that he had the toughest job in the military, and that I appreciated the work that he does for the families of our fallen soldiers.  The first officer and I got up out of our seats to shake his hand.  He left the Flight Deck to find his seat. 

     We completed our preflight checks, pushed back and performed an uneventful departure.  About 30 minutes into our flight, I received a call from the Lead flight attendant in the cabin. 

     'I just found out the family of the soldier we are carrying, is also on board, she said.  She then proceeded to tell me that the father, mother,wife and 2-year old daughter were escorting their son, husband, and father home. The family was upset because they were unable to see the container that the soldier was in before we left. 

     We were on our way to a major hub at which the family was going to wait four hours for the connecting flight home to Virginia. The father of the soldier told the flight attendant that knowing his son was below him in the cargo compartment and being unable to see him was too much for him and the family to bear. He had asked the flight attendant if there was anything that could be done to allow them to see him upon our arrival. The family wanted to be outside by the cargo door to watch the soldier being taken off the airplane. 

     I could hear the desperation in the flight attendants voice when she asked me if there was anything I could do. 'I'm on it', I said.  I told her that I would get back to her.

      Airborne communication with my company normally occurs in the form of e-mail like messages. I decided to bypass this system and contact my flight dispatcher directly on a secondary radio. There is a radio operator in the Operations control center who connects you to the telephone of the dispatcher. I was in direct contact with the dispatcher.  I explained the situation I had on board with the family and what it was the family wanted. He said he understood and that he would get back to me. 

     Two hours went by and I had not heard from the dispatcher.  We were going to get busy soon and I needed to know what to tell the family.  I sent a text message asking for an update.  I saved the return message from the dispatcher and the following is the text: 

     'Captain, sorry it has taken so long to get back to you.  There is policy on this now, and I had to check on a few things.Upon your arrival a dedicated Escort team will meet the aircraft. The team will escort the family to the  Ramp and plane side.  A van will be used to load the remains with a  Secondary van for the family. 

     The family will be taken to their departure area and escorted into the terminal, where the remains can be seen on the ramp. It is a private area for the family only.  When the connecting aircraft arrives, the family will be escorted onto the ramp and plane side to watch the remains being loaded for the final leg home.

     Captain, most of us here in flight control are veterans. Please pass our     Condolences on to the family.  Thanks. 

     I sent a message back, telling flight control thanks for a good job. I printed out the message and gave it to the lead flight attendant to pass on to the father. The lead flight attendant was very thankful and told me, 'You have no idea how much this will mean to them.' 

     Things started getting busy for the descent, approach and landing. After  landing, we cleared the runway and taxied to the ramp area.  The ramp is huge with 15 gates on either side of the alleyway.  It is always a busy area with aircraft maneuvering every which way to enter and exit. When we entered the ramp and checked in with ramp controller, we were told that all traffic was being held for us. 

     'There is a team in place to meet the aircraft', we were told.  It looked like it was all coming together, then I realized that once we turned the seat belt sign off, everyone would stand up at once and delay the family from getting off the airplane.  As we approached our gate, I asked the copilot to tell the ramp controller, we were going to stop short of the gate to make an announcement to the passengers.  He did that and the ramp controller said, 'Take your time.' 

     I stopped the aircraft and set the parking brake.  I pushed the public address button and said:

 'Ladies and gentleman, this is your Captain speaking : I have stopped short of our gate to make a special announcement. We have a passenger on board who deserves our honor and respect.  His name is Private XXXXXX, a soldier who recently lost his life.  Private XXXXXX s under your feet in the cargo hold.  Escorting him today is Army Sergeant XXXXXX.  Also, on board are his father, mother, wife, and daughter.  Your entire flight crew is asking for all passengers to remain in their seats to allow the family to exit the aircraft first.  Thank you.' 

     We continued the turn to the gate, came to a stop and started our shut down  procedures.  A couple of minutes later I opened the cockpit door.  I found the two forward flight attendants crying, something you just do not see.  I was told that after we came to a stop, every passenger on the aircraft stayed in their seats, waiting for the family to exit the aircraft.

      When the family got up and gathered their things, a passenger slowly started to clap his hands.  Moments later, more passengers joined in and soon the entire aircraft was clapping.  Words of 'God Bless You', I'm sorry, thank you, be proud, and other kind words were uttered to the family as they made their way down the aisle and out of the airplane. They were escorted down to the ramp to finally be with their loved one.

     Many of the passengers disembarking thanked me for the announcement I had made.  They were just words, I told them, I could say them over and over again, but nothing I say will bring back that brave soldier. 

     I respectfully ask that all of you reflect on this event and the sacrifices that millions of our men and women have made to ensure our freedom and safety in these United States of AMERICA. 

     Foot note: 

    I know everyone who reads this will have tears in their eyes, including me.  Prayer chain for our Military... Don't break it!  Please send this on after a short prayer for our service men and women. Don't break it!

     They die for me and mine and you and yours and deserve our honor and    respect. 

     Prayer Request:

     When you receive this, please stop for a moment and say a prayer for our     troops around the world. There is nothing attached.  Just send this to people in your address book.  Do not let it stop with you.  Of all the gifts you could give a Marine, Soldier, Sailor, Airman, and others deployed in harm's way, prayer is the very best one. GOD BLESS YOU!!! 

     Thank you all who have served, or are serving.  We Will not forget!!!!

(SOURCE  : Via Gp E-mail from BHARAT BHUSHAN GHAI ) 


From my niece, a gynaecologist, daughter of an EME Brig, & wife of a GUARDS Col, Retd.  

''I am a very proud of my forces background and upbringing. we were taught a place and time for a certain attire and behaviour. etiquette was fed with porridge in the morning. 

We were taught you dress in a certain way to respect those around you .. the same logic of 'when in rome', we cannot use when in rome ONLY to allow promiscuity and drinking and eating beef- because there is no supposed choice, and then forget it when it means dressing formally, or following a behaviour code. 

Traditions, exspecially of the forces are strong and long standing because the place survives on order, authority, confidence and responsibility..and anyone who deals with the forces, should have the basic decency to understand that . 

I abhorr the so  flippancy of the new age MBAs and omnipresent "corporate culture" that calls people by the first name ,[even without asking them first]. I hate being called anything but doctor by my patients, because I have worked long and hard to be called that. I would never chew gum in front of my professor, attend a convocation in slippers, all because there is a certain decorum to the occasion. 

If you were right, Mr Parrikar , there would be no uniforms, there would be no popes vestments, there would be no tuxedos and no dressing up for an occasion

I was pleasantly surprised that the Europeans don't show their shoulders and arms to the pope -they cover up for the vatican. Shorts are not allowed either, for both sexes. So when I see new age pipsqueaks in shorts in a temple, it gets my goat!!. I appreciate temples like guruvayor that stick to their guns and state that we cannot lose our indianness, we should learn to be proud of it! 

So Mr Parikkar, when you decide to attend an August Naval occasion looking like you are going to buy bread and eggs from a nearby kirana shop. It reeks of disdain for one of  the greatest institutions. Its a slap in the face to the millions of men who are bowing to you simply because of the post you hold. 

I dont remember Mr Modi walking around in a jibba in the United Nations. And even dhothis and national jackets convey a certain style. Even B schools teach you basic traditions and acceptable behaviour when you do buisness with countries like China and Japan. So I am sure you understand the importance of decency, or does that only count when it is other countries? 

You may be from Goa, the bikini state, but even there, no one wears a bikini to a wedding Sir. You may be brilliant, and powerful, .but, respect is a two way street Sir, and impropriety reeks of misplaced arrogance. So watch your step!!" 

Dr Divya T Sudarshan

(Source - Via gp e-mail from Carl Gomes)

01 DEC 16 : 1st meeting of the National Anomaly Committee (ARMED FORCES)

The 1st meeting of the National Anomaly Committee was held on 01.12.2016 on the anomaly of calculation of the disability pension for Defence Forces Personnel as per the recommendations of the 7th CPC. The representative of the Armed Forces made a presentation in the meeting demanding that the recommendations of the 7th CPC to grand disability pension on a slab system if implemented will lead to an anomaly between the civilian side and the Defence Forces Personnel because the civilian side will continue to be governed under a percentage based system. After studying the presentation, the Staff Side of NC-JCM has suggested that the slab system will be beneficial to the lower Rank personnel and hence both the slab system and percentage system may be accepted by the Govt. on an optional basis, alternatively the slab amount recommended by 7th CPC can be increased to avoid the anomalous situation. Secretary (P) informed that the issue would be further studied in consultation with CGDA.

Armed Forces (Indian Navy) - Special Pension for 10 years service - Supreme Court Judgment dated 27.10.2016


""25. Thus understood, all Sailors appointed prior to 3rd July, 1976 and whose tenure of initial active service/empanelment period expired on or after 3rd July, 1976 may be eligible for a Special Pension under Regulation 95, subject, however, to fulfilling other requirements. In that, they had not exercised the option to take discharge on expiry of engagement (as per Section 16 of the Act of 1957) and yet were not and could not be drafted by the competent Authority to the Fleet Reserve because of the policy of discontinuing the Fleet Reserve Service w.e.f. 3rd July, 1976. The cases of such Sailors (not limited to the original applicants before the Tribunal) must be considered by the Competent Authority within three months for grant of a “Special Pension” from three years prior to the date of application made by the respective Sailor and release payment after giving adjustment of Gratuity and Death-cum-Retirement-Gratuity (DCRG) already paid to them from arrears. They shall be entitled for interest @ 9% P.A. on the arrears, till the date of payment. ""

Friday, December 2, 2016


Thanks to , MoD has taken a genuine stand in the Anomaly Committee examining issues related to military disability pensions.