Thursday, March 29, 2018

Educational Concession to the Children of Armed Forces Officers/ PBORS missing/disabled/killed in action: DESW Order

No. 6(l)/2009/Edu. Concession/ D(Res-II)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
Room No. 237, ‘B’ Wing
Sena Bhawan, New Delhi

Dated: 23rd March, 2018
To, 
The Chief of the Army Staff, 
The Chief of the Naval Staff, 
The Chief of the Air Staff, 
The Director General, Indian Coast Guard.
Subject : Grant of Educational Concession to the Children of Armed Forces Officers/Personnel Below Officer Ranks PBORS) missing/disabled/killed in action. 

In continuation of this Department’s letter of even no. dt 13.09.2017 on above subject (copy enclosed), it has been decided with the approval of competent authority that the cap of Rs. 10,000/- imposed on the combined amount of Tuition Fees and Hostel Charges vide para-5 of a above order is removed and the Educational Concession will continue to be admissible without the cap of Rs. 10,000/-per month. 

2. Therefore, para-5 of ibid letter stands deleted while all other provisions shall remain unchanged.

3. This issues with the concurrence of Ministry of Defence (Fin/Pen) vide their ID No. 10(23)/09/Fin/Pen dt. 23.03.2018.

Encl: As above 
(Santosh)
Joint Secretary to the Government of India



DESW - Click here to view/download the PDF - [http://desw.gov.in/sites/default/files/D-Res-II-DESW.pdf]


Source - http://www.staffnews.in/2018/03/educational-concession-to-children-of.html#ixzz5B7YRFxfH )

7th CPC Mod Order: Option for Fixation of pay on promotion from the Date of Next Increment in the lower posts

No.1(20)/2017/D(Pay/Services) 
Ministry of Defence 
D (Pay/Services)

Sena Bhawan,New Delhi 
Date 22nd March, 2018

OFFICE MEMORANDUM

Subject: Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in respect of Army Pay Rules 2017, Air Force Pay Rules 2017 and Navy Pay Regulations 2017 in r/o Officers and JCOs/OR equivalent.

Reference is invited to Special Army Instructions (SAI-2008), Special Air Force Instructions (SAFI-2008), Special Navy Instructions (SNI-2008) dated 11.10.2008 and Army Pay Rules 2017, Air Force Pay Rules 2017 and Navy Pay Regulations 2017 dated 3.5.2017 in respect of Officers and JCOs/OR equivalent.

2. In 6th CPC regime pay fixation on promotion in respect of Defence Services Personnel was governed by provisions contained in SAI-2008, SAFI-2008 and SNI-2008. These provisions regulates pay fixation on promotion, wherein an Officer has an option to get his pay fixed in the higher post either from the date of his promotion or from the date of next increment. Similarly, consequent upon implementation of 7th CPC, the pay fixation on promotion from the date of promotion is regulated by Rule 12 of the Army Pay Rules 2017, Air Force Pay Rules 2017 and Navy Pay Regulations 2017 dated 3.5.2017 in respect of Officers and JCOs/OR equivalent. This methodology of fixation of pay on promotion to a post carrying duties and responsibilities of greater importance, of a Defence Services Personnel in case he opts for pay fixation from the Date of Next Increment (DNI) has been considered in this Department.

3. After due consideration in this matter, the following is decided as follows: 

(i) A Defence Personnel, who is promoted or upgraded from one rank to another, subject to the fulfillment of the eligibility conditions as prescribed in the relevant Recruitment Rules, to another post carrying duties or responsibilities of greater importance than those attaching to the post held by him/her, Such, Defence Personnel may opt to have his/her pay fixed from the Date of his/her Next Increment (either 1st July or 1st January, as the case may be) accruing in the Level of the post from which he/she is promoted, except in cases of appointment on deputation basis to an ex-cadre post or on direct recruitment basis or appointment/promotion on ad-hoc basis, as applicable in the Defence Services. 

(ii) In case, consequent upon his/her promotion, the Defence Personnel opts to have his/her pay fixed from the date of his/her next increment (either 1st July or 1st January, as the case may be) in the Level of the post from which Defence Personnel is promoted, then, from the date of promotion till his/her 

DNI, the Defence Personnel shall be placed at the next higher cell in the level of the post to which he/she is promoted.

Illustration : 
1.Level in the revised pay structure: Level 4
Pay Band
5200 – 20200
2.Basic Pay in the revised pay structure: 29600
Grade Pay
2000
2400
2800
3.Granted promotion in Level 5.
Levels
3
4
5
1
21700
25500
29200
2
22400
26300
30100
4.Pay in the upgraded Level i.e., 
Level 5: 30100 (next higher to 29600 in Level 5)
3
23100
27100
31000
4
23800
27900
31900
5
24500
28700
32900
5.Pay from the date of promotion till DNI: 30100
6
25200
29600
33900
7
26000
30500
34900
8
26800
31400
35900
9
27600
32300
37000
10
28400
33300
38100

iii. Subsequently, on DNI in the level of the post to which Defence personnel is promoted, his/her pay will be re-fixed and two increments (one accrued on account of annual increment and the second accrued on account of promotion) may be granted in the Level from which the Defence personnel is promoted and he/she shall be placed, at a cell equal to the figure so arrived, in the level of the post to which he/she is promoted; and if no such cell is available in the Level to which he/she is promoted, he/she shall be placed at the next higher cell in that level. 

Illustration:

1.Level in the revised pay structure: Level 4
Pay Band
5200 – 20200
2.Basic Pay in the revised pay structure: 29600
Grade Pay
2000
2400
2800
3.Granted promotion in Level 5.
Levels
3
4
5
1
21700
25500
29200
2
22400
26300
30100
4.Pay from the date of promotion till DNI: 30100
3
23100
27100
31000
4
23800
27900
31900
5
24500
28700
32900
5.Re-fixation on DNI: Pay after giving two increment in Level 4: 31400
6
25200
29600
33900
7
26000
30500
34900
8
26800
31400
35900
9
27600
32300
37000
6.Pay in the upgraded Level i.e. Level 5 :  31900 (either equal to or nex higher to 31400 in Level 5)
10
28400
33300
38100

iv. In such cases where Defence personnel opts to have his/her pay fixed from the date of his/her next increment in the Level of the post from which he/she is promoted, the next increment as well as Date of Next Increment (DNI) will be regulated accordingly. 

4. It is further retireated that in order to enable the officials to exercise the option within the time limit prescribed. the option clause for pay fixation on promotion with effect from date of promotion/DNI shall invariably be incorporated in the promotion/appointment order, as per applicability, so that there are no cases of delay in exercising the options due to administrative lapse.

5. This issues with the concurrence of Ministry Of Finance vide their ID No.4-23/2017-IC/E.III(A) dated 22.03.2018

(Prashant Rastogi)
Under Secretary to the Government Of India. 


Ministry of Defence [https://mod.gov.in/dod/sites/default/files/dni.pdf]


Saturday, March 24, 2018

Why Upgrde to 64 KB ECHS Card? - Developments on 23 Mar 2018 :: Brig CS Vidyasagar (Retd)

New 64KB RCHS Card :: Developments on 23 Mar 2018

I had an interesting discussion at 1400 hrs on 23 Mar 18 with one serving officer of ECHS who is based in Central Organisation in Maude lines of Delhi Cantt who wanted to clear all my doubts about the 64 KB Card. He says T SEWA’s aim is totally wrong. 

I do understand his compulsion of supporting indefensible action  of the organization which he is serving. He says he looks after 3.40 lakhs ESMs and his budget is Rs 300 crores. He is an expert on the subject of cards.He says T SEWA is barking wrong tree. His points are :-

1.Officer from ECHS Central Organisation:The Central Org or MD ECHS have no role to play in deciding on introduction of 64 KB card. The MoD has taken an unilateral decision to introduce new 64 KB Card. (He is trying to tell me “Hum kya Karen sub kuch woh karte hai. Gali hume sunna padtha hain”).

2. My reply“T SEWA has nothing against Central ECHS org or MD ECHS”

3. Officer from ECHS Central Organisation: The previous card making co. selected by MoD on political connections stopped making cards from 2015. ECHS has been issuing temp. chits to new ECHS members. Therefore there is a need to introduce new card. That company did not share all the data of ECHS members with Central org. There are lot of gaps in the data available with ECHS. So there is need to revamp the whole thing.

4. My Reply: If the problem is fake ECHS cards then why not link Aadhaar number to the existing cards by which all fake cards will be easily located and then they can be easily removed from the central system.

5. Officer from ECHS Central Organisation:32 KB card is of old technology type and 64 KB card has latest technology.

6. My Reply: “What are the limitations of 32 KB card which 64 KB card will improve upon? I am sure you know being TSC officer whenever we make a statement of case for introduction of any new item in Army first thing is to explain ACCEPTANCE OF NECESSITY which needs to list out deficiencies or short comings of the present system and need for new system. Why not the same be adopted when 64 KB card is to be introduced explaining to all ECHS members the need to introduce 64 KB Card listing all short comings or limitations of old 32 kb card?”

7. Officer from ECHS Central Organisation: Since we have to issue new cards to new ECHS members why not give 64 kb cards to all 54 lakh ECHS members?

8. My Reply: “An earlier OiC ECHS Polyclinic from Tamilnadu being fromCorps of Signals &computer savvy found it extremely difficult to upload all data. How do you expect elderly ESMs and widows living in remote villages with no computer connection to upload all the data required? Do you understand the serious implication of asking members to furnish information of bank account no, name of bank, IFSC of bank and specimen signature? I am sure you know the effect of Cambridge Analtytica and do we not need to learn some lessons by parting with our personal details to a private Card making company?”

9. Officer from ECHS Central Organisation:T SEWA calculations of overall financial effect of changing over to 64 KB card are incorrect. It is not that kind of amount quoted in the mail of T SEWA.

10. My reply: “I am sure you know ECHS proudly announces it serves 54 lakh members of ECHS. Then does not every member need a new 64 kb card? Does not Rs 135 per card x 54 lakhs comes to a figure quoted in our mail? 

He said “Sir the cost of the card is not Rs 135 but Rs 177”. Then I told him “Does not the money outgo is more than what is mentioned in the mail of T SEWA?”. He has no answer.
     
11. Officer from ECHS Central Organisation:T SEWA should file case against Min of Def who initiated this concept of 64 KB card and spare Central Organisation.

12.My Reply -“Is not MD ECHS responsible to represent ECHS members grievances to the Min of Def?”. 

He says “ Sir, you are argueing like Arnab Goswami. I made a mistake by calling you!!” There after he cut the line off.

13.   When one does not have any masala to argue then one has to get agitated and blame the other party and then terminate the discussion. If still any member of ECHS has any doubt MD ECHS will come to his or her rescue,  he or she is living in fool’s paradise.

Warm Regards,
Brig CS Vidyasagar (Rtd)
9493191380 (Mobile connectivity is very poor in my residential complex)
040-48540895
Whatsapp: 7799645973
Pl See T SEWA Blog for regular updates at www.tsewa.org
=======================================

Brig S S Jaswal  

to Sivasankar, 



The`Cat is out of the Bag` Going thro the discussion between Head TSEWA and an Officer in Central ECHS, Delhi Cantt, it is now clear that the change over to 64 KB card is a MOD Babus initiated exercise to harass ESM and Widows, as that officer says this has been thrust on MD ECHS by the MOD. It seems a ploy to make money for whichMOD is famous and also tomake ESM and Widows to incur unnecessary expenditure. That has always been the attitude of these Babus. They contest cases in AFTs/Courts just to make Faujis incur expenditure, knowing fully well that the Govt will lose the case. When there is a CGHS scheme available for guidance, based on which ECHS was introduced in 2003, why is all this `jhamela` required. How many times have CGHS cards been renewed ? To identify illegal beneficiaries, surely there are other ways.This is a fit case for the AFT and the Supreme Court. 
======================================

Sir,

Kindly go ahead and file a case in AFT, which will expose the incompetence of the MD ECHS.

Regards,

Col Krishnan (retd)
======================================

Brig. Sivasankar Vidyasagar 

Why Upgrde to 64 KB ECHS Card?
1.       After I posted a mail in public domain on the 64 KB card, I received innumerable number of mails / SMSs/ telephone calls on this subject. All of them unanimously informed me that T SEWA must take a lead and file the case in AFT and then in hon’ble Supreme Court if by chance we lose our case in AFT.
2.       I am giving some of the comments received in mails / Facebook posts etc. 
21 March at 19:41

I do not agree for the so called new ECHS card. I was OIC ECHS Krishnagiri for 4 years. Every MD ECHS when he take over duties brings new rules resulting in added difficulties to Ex-Servicemen community.
I am SIG's offr computer savy, even to day I am unable to log in to apply on line. So many documents. So many questions. Why not the firm who won the new contract to issue new ECHS card free of cost after enrolling at SITU ECHS location. I find added difficulties. The new ECHS MD scrapped cross empanellment. Now any ESM for example wanted to go to Salem hospital, he needs to be referred from Krishnagiri to ECHS Salem and so on. Need to be protested through legal way. Poor ESM and veernaries from villages are the sufferers.

Reply from Air Cmde Murugan

For Brig Vidyasagar. I am opposed to this scheme of new 64 KB card for all ECHS members. This is an ill conceived scheme by ECHS. Even one accepts the deficiencies of the present day cards reluctantly, the solution provided to rectify these deficiencies is ill thought and badly conceived. For example, if it is proved that the current card does not have the spare capacity, the solution to this problem is not to increase the capacity of the cards through augmenting the cards held at the base level by more than 60 lakh members of ECHS. This will create havoc and compromise data and control will be non-existent. No body resorts to this type of solution at the base level when elegant, cost-effective alternatives are available that can be implemented at the higher levels. Modern technology provides this through "Cloud storage" or by "Servers" etc. If the problem is bogus cards misused by bogus dependents (believe it is rampant in Punjab, Harayana Etc), the solution is not through innumerable certificates and signatures.This is how our bureaucrats think! I sense some scam in this whole scheme. The sufferer is going to be poor Jawan.                      Thanks,

Air Cmde S.Murugan.

Mail from Lt Col Prashar
Dear Friend, 
 I totally agree with the views expressed. I have personally faced huge difficultly in running from one place to another, one cyber cafe to another. But couldn't get it done. There is serious risk involved. We are required to give details of PPO, our bank account, IFSC Code and the name of our bank. To top it all we have to give our signatures, of self and that of our spouse, besides our photographs. Giving all these details that too at unathorised places, obviously is amazingly shocking. It is strongly recommended that case should be put in AFTs as suggested in your mail. 

Regards, 
Lt. Col P L Prashar (Retd)

Dear sirs, 
I fully agree and support the idea of legal action to obtain stay and finally bar ECHS from this unnecessary paper work upgradation of existing cards. The regular action to issue new cards by ECHS and CSD even raises doubt about the personal interests of some higher upsim these organisation. Imagine a small 5%  cut amounting to huge sum. Also if CGHS can give free replacement cards to its member's why not ECHS.
I AM FULL FOR LEGAL ACTION.
regards,
 Lt Col D P Jairath (RTD)
Prem Hejmadi 
Dear Bro,
The 'upgrade' from 16kb (32768 characters)/32kb (65536 chars) to 64kb does not make any sense in its present format ie ONLY online applications. 
Reasoning for the upgrade has not been provided which makes it suspicious. Has any poly clinic in the country encountered a case where 32kb/16KB were found to be inadequate? How many such cases were so encountered that called for universal 'up gradation'? The again why 64 (65,536 chars) and not 128?? A unilateral decision without data stinks. 
The second aspect is the online application. It is time consuming. I have made out applications for about 8 officers, all of whom had basic computer knowledge. They were all stymied by the scanning and uploading process. I had to scan it on an iPad then email it to the officers email address and move on to the desktop for ease of uploading. All the while ensuring that not one jpg/jpeg file is 1mb or more. This process alone takes about 35 minutes or more. The rest takes about 40 minutes if the server is free, which was rare. So all in all it took on an average about 2 hrs till final payments were made when servers were available else around 3 hrs or more.
I fear this task of applying will become more difficult in instances where the ESM do not have own computers. Going to nearest "Center" would itself present a challenge. 
Server does not have adequate bandwidth as a result to hit the server at times has taken as much as 40 minutes. As the final date gets closer this problem will get worse, as more clients will want access. The problems ESM/widows who stay in villages not well connected would face - I cannot imagine, they’d be humongous. A smooth transition shall have to be worked out.
IMHO this upgrade to 64kb has not been thought out in detail. All ESM do not uniformly have a large data requirement. For some 16 is enough and for most 32 is okay. As and when the ESM hits a residue of say 10kb on the ECHS card the ESM can generate an application at that stage. The card makers are not fly-by-night operators (I hope not) and they make the new 64kb card on an as-required basis. The transition would be smooth and the administrators of ECHS would not have more than their fair share of problems.
To my mind this is a fit case for legal intervention.
Love and Light
Prem (1572)
Rakesh Prasad Chaturvedi

Dear Brigadier Vidyasagar,
I am not a member of TSEWA but totally agree with your proposed line of action. Some such thoughts have been surrounding me too, since the issue cropped up.
A legal action is the ONLY way to stop this nonsense which notwithstanding any purported 'misuse' (sic), would JUST result in elimination of MANY Bonafide beneficiaries due to their lack of knowledge on how to set about it.
I am willing to join you in this effort, and must opine too, that this is a typical case to file a PIL in Supreme court for a permanent solution to such idiosyncratic changes even in future.
Just to put you in picture, Col Raman is having some sort of a meeting in Chennai on 25th to seek a solution to the New Online Card. For whatever direction you wish to adopt, it may be fruitful to exchange notes. Both Raman, and the discussion I am initiating with you are individual  efforts and not institutionally connected to IESM. Its RPC, Period. I'm copying the mail to Col Raman. 
Hopefully we can act in concert. 
With Warm Regards,
Col RP Chaturvedi
Message in my Facebook Wall

Chmarty Vln Rao Lt Col C V L N. Rao
1. M/S UTSL shoul be sued in the Court of Law. Then our BIG FISH if involved shall also come out.
2. The Present Defence System is not sparing Veterans and ESM! This.is a very big Scam!
3. For upgradation of 2(Two) Cards I spent Rs.265.50/- plus Rs 200/- as charges for filling the Application online. The amount comes to Rs 465/-.
For 54 lakh beneficiaries, the expenditure will be Rs 250 Crores @ two ECHS Cards per beneficiary!
4. Retired Armed Forces Personnel are no exception for looting!! I do not want to vent my anguish being disciplined!


Sir,
The charges are Rs 177-/- per card and that too to be paid by credit card / Debit card . Having Mobile phone is also a big requirement for registration as confirmation is recd on your mobile no .

It is harassment for this repeated upgradation at the expense of the ESM and widows. There are some elderly card holders who are located in villages and far flung areas...are not savvy with filling of forms and managing ...any upgradation desired shud be done by the echs on spot and free of cost.....this harassment shud stop.. besides we want to know if COAS is helpless then at whose behest is this being initiated ....Is this a welfare measure for the ESM ? Then why are the old and sick being pressurised to go thru this harrassment...specially the weak and old widowed spouse of our ESM
Col Raman Tn Sarma At Chennai we are meeting on 25 March to discuss this very issue. We understand the main reason for this ECHS initiative is presence of thousands of bogus cards in the existing environment. The present approach is like demonetisation. Invalid out all cards and go for new cards incorporating Aadhaar authentication.

What we are advocating is there is a simple way to incorporate Aadhaar information while retaining the existing 16/32 KB cards. Not only it will save the additional costs but also the torturous process each and every veteran has to undergo.

More on this after our meeting.


Col.Srikantha Seshadri
to tsewa legal
https://mail..google.com/mail/u/0/images/cleardot.gif
Sir, 
I am at Trivandrum for my Regtl meeting. So was busy. Just saw the mail. The pt is valid.
One obsn is, 54 lakhs is the veteran strn. Take into account dependents, who vary from two to Five. Let us take an average of 3 benifisery. Each card cost is RS. 177/- & not RS. 135/- so total benifisery is 50 lakhs x 3 is 150 lakhs, so 250* by 177/- is the total ghotala amt. 
It has taken more than two & half years to look for vender (from Jun 2015 to Dec 2017.) to see who can give more profit/ grease the palm.
It is worth taking up the case.. CGHS, gives the card free & it is the mother of ECHS.
Regards. Sri                                ==================================


(Source : Via Gp e-mail) 

Replace ‘Khichdi’ Of Pension Orders With One Rule – Supreme Court

The apex court asked government to frame a law to regulate the retirement benefit.

Observing that a plethora of instructions issued by the central government on granting pension created confusion among retired government officials, the Supreme Court on Thursday asked it to frame a law to regulate the retirement benefit.
A bench of Justices Madan B Lokur and Deepak Gupta said the government had no clarity on how to fix the pensions amount and retired officials had to suffer. The apex court passed the remarks while deciding the plea of a retired railway employee who is fighting a legal battle 27 years after his retirement on fixation of his pension amount.
The Supreme Court finally decided against the retired official but asked the central government to take steps to prevent pensions woes of retired officials.
“We recommend to the department of personnel and training of the government of India to try and make life after retirement easier for a government servant by having appropriate legislation enacted by Parliament or applicable pensions rule rather than a ‘khichdi’ of instructions, office memoranda, clarifications, corrigenda and so on and so forth,” said the apex court bench.
(Source- GConnect blog)

Payment of Gratuity (Amendment) Bill, 2018 passed by Parliament

Ministry of Labour & Employment
Payment of Gratuity (Amendment) Bill, 2018 passed by Parliament
22 MAR 2018
The Payment of Gratuity (Amendment) Bill, 2018 has been passed by parliament today.The bill ensures harmony amongst employees in the private sector and Public Sector Undertakings/Autonomous Organizations under Government who are not covered under CCS (Pension) Rules. These employees will be entitled to receive higher amount of gratuity at par with their counterparts in Government sector. The bill was passed by the Rajya Sabha today and the Lok Sabha on 15th March, 2018.
The Payment of Gratuity Act, 1972 applies to establishments employing 10 or more persons. The main purpose for enacting this Act is to provide social security to workman after retirement, whether retirement is a result of superannuation, or physical disablement or impairment of vital part of the body. Therefore, the Payment of Gratuity Act, 1972 is an important social security legislation to wage earning population in industries, factories and establishments.
The present upper ceiling on gratuity amount under the Act is Rs. 10 Lakh.
The provisions for Central Government employees under Central Civil Services (Pension) Rules, 1972 with regard to gratuity are also similar. Before implementation of 7th Central Pay Commission, the ceiling under CCS (Pension) Rules, 1972 was Rs. 10 Lakh. However, with implementation of 7th Central Pay Commission, in case of Government servants, the ceiling has been raised to Rs. 20 Lakhs.
Therefore, considering the inflation and wage increase even in case of employees engaged in private sector, this Government decided that the entitlement of gratuity should also be revised in respect of employees who are covered under the Payment of Gratuity Act, 1972. Accordingly, the Government initiated the process for amendment to Payment of Gratuity Act, 1972 to increase the maximum limit of gratuity to such amount as may be notified by the Central Government from time to time.
In addition, the Bill also envisages to amend the provisions relating to calculation of continuous service for the purpose of gratuity in case of female employees who are on maternity leave from ‘twelve weeks’ to such period as may be notified by the Central Government from time to time.
After enactment of the Act, the power to notify the ceiling of the amount of gratuity under the Payment of Gratuity Act, 1972 shall stand delegated to the Central Government so that the limit can be revised from time to time keeping in view the increase in wage and inflation and future pay commissions.
(Source : PIB - Govtempdiary)