Amendments in the West Bengal Service Rules, Part - I

Government of West Bengal

Finance Department

Audit Branch

NOTIFICATION

No.175-F(P), dated 9th January, 2014.- In exercise of the power conferred by the proviso to article 309 of the Constitution of India, the Governor is pleased hereby to make the following amendments in the West Bengal Services Rules, Part-I, as subsequently amended (hereinafter referred to as the said rules) :-

Amendments

In the said rules:-

(I) in rule 5,-

(a) after clause (10 ), insert the following clauses:-

“(10A) Deputation means any appointment made by transfer on a temporary basis against a sanctioned post outside the regular line and in the public interest.

(10B) Detailment means utilization of service of an employee in any job for a temporary period in the public interest under any Department or office of the Government or in any Company. Corporation, Undertaking and Statutory Body etc.. which is wholly or substantially owned or controlled by the State Government or by any body which is funded by the State Government.”;

(2) in CHAPTER XII:-

(a) for the heading. substitute the following heading:-

“FOREIGN SERVICE, DEPUTATION AND DETAILMENT”;

(b) for the words “foreign service”, wherever they occur, subsiitute the words "foreign service or on deputation.”;

(c) rule 97 shall be renumbered as sub-rule (1) of that rule,-

(i) in sub-rule (I) so renumbered,-

(A) for the words “No Government employee shall be transferred whether within or outside India, against his will.” substitute the following words:-

“Any Government employee may, in the interest of public service, be transferred to foreign service or on deputation within or outside India,”:

(B) for the proviso, substitute the following proviso:“

Provided that in case of transfer to foreign service or on deputation outside India, the consent of the Government employee shall be necessary to his transfer to such foreign service or on such deputation outside India.”;

(ii) after sub-rule (1), insert the following sub-rule:-

“(2) A Government employee may, if the State Government may deem fit and proper to do so to meet the exigency for any job and for optimum utilization of manpower as well as to realize full potential of such Government employee, be detailed in any other Department or office under the Government or in any Company, Corporation, Undertakings, Statutory Government or by any body which is funded by the State Government, for a period not exceeding six months without following the provisions contained in this Chapter or elsewhere in these rules and during such detailment, the terms and conditions of service including drawal of pay and allowances, promotion, sanction of leave, disciplinary control etc., shall remain with the parent cadre controlling authority or Department or office, as the case may be and shall not be any way altered to the disadvantage of

such Government employee and the period of detailment of such Government employee may be extended beyond the period of six months, if the concerned cadre controlling authority, or Department or the office or the Company, Corporation. Undertaking, Statutory Body etc. as above, feels it necessary or at the option of the concerned Government employee.”;

(iii) in Note.- (1). add the following proviso:-

“Provided that in case of a transfer to foreign service or on deputation or by detailment to any Department or office of the Government or in any Company, Corporation, Undertaking, Statutory Body etc., which is wholly or substantially owned or controlled by the State Government or by any body which is funded by the State Government, within the State, of any Government employee, no deputation allowance will be admissible to such Government employee for such transfer.”;

(iv) in Note- (2), for words “without previous consultation with the Finance Department.”. substitute the following words, figure and brackets:-

“in consultation with the Finance Department either prior to issue of the order of transfer or post facto. In case of detailment as mentioned in sub-rule (2), no such consultation will be necessary.”;

(v) in Note.-(4), for the words “after prior consultation”, substitute the word “in”: (3) Omit sub-rule (a) of rule 98.

By order of the Governor,

Sd/-

H. K. Dwivedi

Principal Secy. to the Govt. of West Bengal.

Source:http://www.wbfin.nic.in/writereaddata/175-F.pdf

Deduction of CGHS contribution from Government Servant on change of Grade Pay by virtue of promotion/MACP — clarification reg.

Central Public Works Department

No. DG/ESTT/33

ISSUED BY THE AUTHORITY OF DIRECTOR GENERAL, CPWD  

Nirman Bhawan, New Delhi 

Dated the 16th January, 2014

OFFICE MEMORANDUM 

Sub : Deduction of CGHS contribution from Government Servant on change of Grade Pay by virtue of promotion/MACP — clarification reg.

It has been brought to our attention that the CGHS/DGHS guidelines regarding the monthly subscription/contribution are not being followed properly. It has been observed that in cases where pay of a Government employee is revised from a retrospective date consequent upon grant of MACP etc., CGHS contribution are also being recovered from the retrospective effect.

In this connection, attention is drawn to the clarification given by Ministry Ministry of Health & Family Welfare vide letter No.S11030/55/2011-CGHS(P) dated 26/10/2012 wherein it has been made clear that in cases where pay of a Govt. employee is revised from a retrospective date, resulting in change of amount of CGHS contribution payable, contribution at the higher slab rate may be recovered only from the date of issue of the order and not the date from which the pay is being effected. A copy of the said clarification is enclosed.

All offices of CPWID/PWD are requested to comply the aforesaid instructions strictly.

Encl : As above

( Raj Kumar )

Deputy Director (Admn)III

Source:http://cpwd.gov.in/

Merger of 50% percent DA may soon be considered by Central Government –Sources

Sources close to the Central Government Employees Federations told that Merger of 50% DA will soon be considered by Central Government before the budget session of Parliament in February 2014. According to the sources, the central government is likely to consider the central government employees  demand for merging of 50 % DA, for the reason that the DA will be crossing 100% level after January 2014.

The rate of dearness allowance to be paid to govt servants has been increasing consistently due to the rise in the prices of essential commodities for the past two years. In 2011 the rate of DA was at 50 % level. Since then all the Federation demanded the central government to merge the 50 Percent DA with basic Pay. But the government did not accept this demand to merge the DA with basis pay, as it was not recommended by sixth CPC.

The demand would be considered in view of parliament elections

But federations kept on demanding the government that raising dearness allowance alone will not help to compensate the alarming rate of price rice. So they urged the government to consider their demand favorably. It is believed that after the defeat in the election of four state legislative councils, the UPA government has decided to reconsider about its decision on the issues which directly affects the common public. The high command of the ruling party thought that the reason for their defeat in the state election is mainly because of their government failed to contain the price rise. The gap between common public and UPA government has been considerably increased. To correct these failures the UPA government decides to do something to attract the voters.

After announcing the government’s proposal to constitute the 7th pay commission, the community of central government employees has been convinced to have soft view on this government. Further the 50 lakh central government employees would be made happy if the 50% DA is merged with Basic Pay. It is told that , as the central government staff association and federations demanding it very seriously, in case the government decides go with this demand, there will be around one crore voters will be in favour of UPA government. So the government may consider the demand of merging of 50% DA with basic Pay in view of forthcoming Parliament elections.

Allowances will have no impact on merging DA with basic Pay

The sources, associated with National Council JCM, said that the government initially was not willing to consider this demand as some allowance and advances have been raised by 25% whenever the DA crosses 50% level as per the sixth CPC recommendation. But federations insisted that the allowances, which are raised to 25 % level when DA crosses 50%, will have no impact on merging DA with basic pay. The only allowance will have an increase when Basic Pay increases are HRA. No other allowances will be increased and other entitlement of the respective Grade Pay will not be revised as the 50% DA to be merged will be kept under separate component like it was treated in 5CPC as Dearness Pay. “There is no need to worry about financial implications, as the 50% DA will be paid by just changing its nomenclature as Dearness Pay”, said sources.

50% DA merger to be decalered before DA crosses 100%

Further, it has been informed that it is good enough for the government to announce its decision before declaring the next additional installment of DA. Because the AICPIN for Industrial workers for the Month of December 2013 is awaited to determine the rate of dearness allowance to be paid from January 2014.The result of last 11 months AICPIN shows that DA will definitely be raised by 10 % from existing 90% level. So the rate of DA will be 100% with effect from 1st January 2014. After the DA increased to 100%, the demand for 50% DA merger will have to change its avatar. Probably the demand would be for 100% DA merger. So the federations expect the government may consider 50% DA merger soon.

However, decision if any in this regard should be taken before the announcement of election for parliament. It is expected that election announcement for parliament will be made by the end of February 2014. Before that,  the announcement of 50% DA merger is expected from central government.

Source:http://www.gservants.com/2014/01/15/merger-50-percent-da-may-soon-considered-central-government-sources/