Implementation of Cadre restructuring of Income Tax and NR Parmar case judgement

It is learnt that some members of the core committee and some associations are not happy with the report of sub-committee for allocation of posts and jurisdiction. This is the reason for delay in finalization of allocation of post and jurisdiction. It is also learnt that next meeting of core committee is scheduled on Monday i.e.16.12.2013. Therefore the final report may come after 16th December.  After finalization, all the DPC or revised DPC will be completed in a span of 40-45 days.  The merging of all the feeder cadres for ITI will be finalized before promotions. The new recruitment rules will be released after the approval of competent authority i.e. DOPT. Meanwhile an executive order will be passed by the CBDT for implementation of cadre restructuring before the approval of DOPT. In the case of implementation of NR Parmar's case judgement, it is decided by the board, associations and other relevant departments to go ahead with implementation of the Judgement in all the cadres. The Date of Requisition by the Department to the SSC is the criteria for considering the seniority of the DRs. It is also learnt that the Board has assured that it will provide the necessary data required to all the Regions since 1986, for implementation on the Judgement.

Retirement age

‘An in-principle decision has been taken to increase the retirement age by two years within this year itself’ : Sources

The proposal of increasing retirement age of central government employees from 60 to 62 is now the hottest issue to talk about. According to the sources, the central government is serious about increasing retirement age for various reasons. The leaders of Defence and Railway workers federations hinted about the possibility of increasing retirement age of central government employees, as the manpower sanction in railway and defence is very less than comparing to the retirement of its employees. There is a huge gap between recruitment and retirement. The resultant vacancies due to retirement and death left unfilled. So the departments find it hard to achieve their target in time without sufficient manpower. So the decision of increasing retirement age of central government employees from 60 to 62 seems inevitable at this juncture. The financial express also posted an article in this regard in its website www.financial express.com.

The government is planning to extend the retirement age of all central government employees by two years — from the current 60 to 62 years. Sources said that an in-principle decision has been taken in this regard and the department of personnel and training (DoPT) has begun the work to implement the same. A formal announcement to this effect is expected this year itself.

The last time the government extended the retirement age of central government employees was in 1998. It was also a two-year extension from 58. This was preceded by the implementation of the 5th Pay Commission, which had put severe strain on government’s finances. Subsequently, all state governments followed the Centre’s policy by extending the retirement age by two years. Public sector undertakings followed suit too.

The decision to extend the retirement age is well-timed both politically and economically.

The UPA government reckons the move would be a masterstroke. At a time when it is buffeted by several corruption cases, it is felt that the extension of the retirement age will go down well with the middle classes. Economically also, the move makes sense because by deferring payment of lump sum retirement benefits for a large number of employees by two years, the government would be able to manage its finances better.

“An in-principle decision has been taken to increase the retirement age by two years within this year itself. This would reduce the burden on the fisc from one-time payment of retirement benefits for employees including defence and railways personnel,” an official involved in the discussion said. With the fiscal consolidation high on the government’s agenda, this deferment would come handy.

There’s some flip side too if the retirement age is extended by two years. Those officials empanelled as secretaries and joint secretaries would have to wait longer to actually get the posts. And of course, there is the issue of average age profile of the civil servants being turning north.

It is also felt that any extension is not being fair with a bulk of people who still look for jobs in the government.

However, officials point out that at least it prevents an influential section of the bureaucracy to hanker for post-retirement jobs with the government like chairmanship of regulatory bodies or tribunals.

“As it is, a sizeable section of senior civil servants work for three to five years after the retirement in some capacity or the other in the government,” said a senior government official. The retirement age of college teachers and judges are also beyond 60.

As per a study, the future pension outgo for the existing Central and State government employees is estimated at a staggering R1,735,527 crore or 55.88% of GDP at market prices of 2004-05.

with the  inputs from : www.financialexpress.com

EXPECTED D.A. FROM JAN 2014

According to the figures available, the Central Government employees will get at least 9% increase in the Dearness Allowance w.e.f. 01/01/2014 thus the DA may be almost 100% of pay. 

FLASH

Cadre Restructuring of CBEC approved by Union Cabinet

Congratulation to all employees of CBEC.

Union Cabinet approved cadre restructuring of CBEC with number approved by Committee of Secretaries. 

Implementation of Cadre Restructuring of Income Tax: Discussion in Video Conference on 28.11.2013

Today Video Conference of CBDT with CCsIT and DGsIT has been held on scheduled time. All the predetermined issues including issue of Cadre Restructuring were discussed. CBDT informed that reports of all subcommittees except Subcommittee for allocation of posts and jurisdiction have been received. It is also informed that this subcommittee will submit the report tomorrow i.e. 29.11.2013.

Click-Thru URL: http://www.trafficwave.net/members/jaai6703

news flash

Implementation of Cadre Restructuring of Income Tax Department: Quarterly Review Meeting rescheduled on 09.12.2013.

The Quarterly Review Meeting which was scheduled on 22.11.2013 is rescheduled on 09.12.2013.

Quartely Review Meeting with Chairperson, CBDT today (22/11/2013)

Today quarterly review meeting with chairman of ITEF/ITGOA. Some news may be out for restructuring and allocation of posts region wise.

New rule lowers HRA exemption claim limit............

The central government has lowered the exemption limit for reporting the rent received. Salaried taxpayers claiming HRA exemption and paying a rent of over Rs 1 lakh per year have to give landlord's PAN (permanent account number). Till now, if the total rent paid was less than Rs 15,000 a month there was no need to submit the landlord's PAN details. The new rule effectively lowers the rent limit from Rs 15,000 a month to Rs 8,333 per month for claiming HRA exemption without making any disclosures.

Though incurring actual expenditure on payment of rent is a pre-requisite for claiming deduction under section 10(13A) of the I-Tax Act, it has been decided as an administrative measure that salaried employees drawing HRA up to Rs 3,000 per month will be exempted from production of rent receipt.

The new rule is aimed at people claiming HRA exemption for living in their own house. "It has to be noted that only the expenditure actually incurred on payment of rent in respect of residential accommodation occupied by the assessee subject to the limits laid down in Rule 2A, qualifies for exemption from income-tax," CBDT said in its circular.

HRA granted to an employee who is residing in a house/flat owned by him is not exempt from income-tax. "The disbursing authorities should satisfy themselves in this regard by insisting on production of evidence of actual payment of rent before excluding the house rent allowance or any portion thereof from the total income of the employee," CBDT said.

Source : ET

No. 18019/6/2013-Estt(L) Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training New Delhi, the 21 October, 2013 OFFICE MEMORANDUM Subject: Timely payment of dues of encashment of leave to Government servants retiring on attaining the age of superannuation — need to obviate delays in payment of such dues - regarding. The undersigned is directed to state that in terms of the provisions of rule 39 of the CCS(Leave) Rules, 1972, the authority competent to grant leave is suo mote required to issue an order granting cash equivalent of leave salary for both earned leave and half pay leave, if any, at the credit of the Government servant on the date of his retirement, subject to the prescribed limits. 2. It has since been brought to the notice of this Department that the concerned administrative authorities as indicated in First Schedule to the said rules including authorities subordinate to the leave sanctioning authorities to whom such powers have been delegated, are not ensuring that the dues, as admissible to a Government servant retiring on attaining the age of superannuation, are promptly paid. This has led to avoidable litigation where courts have been directing payment of interest on such delayed payments. It has been observed from the references received in this Department that the delays in such payments are predominantly due to avoidable administrative reasons relating to processing of such cases. 3. It is further stated that the Leave Account of a Government servant is a dynamic document which is required to be revisited periodically to record credits of Earned Leave and Half Pay Leave in terms of provisions of rules 26 and 29 of the CCS(Leave) Rules, 1972 with entries made on each occasion the Government servant avails the leave of the kind due and admissible to him Further, the said rules envisage that advance credits be made in the leave account of the Government servant and a constant check maintained to ensure that the total accumulations at any given time do not exceed 300+15 days. 4. Delays in reckoning the leave accumulations at the credit of Government servant at any stage, particularly at the time of his retirement on superannuation, cannot be acceptable and can be construed as administrative lapse, liable to attract provisions of the CCS(Conduct) Rules, 1964 and CCS(CCA) Rules, 1965. All cases of delay may be looked into and delays in disbursement of dues to Government servants retiring on attaining the age of superannuation be avoided. 5. The administrative authorities may consider putting in place a mechanism to check such delays and define various processing parameters and time lines viz. issuance of orders in respect of such retiring Government servants who have 300+15 days earned leave at their credit on the 20th of the month in which they are retiring as any leave availed by such Government servants shall not impact the maximum ceiling of encashment of such leave even if any request is made for grant of earned leave during the said period. The possibility of e-transfer of dues can also be worked out in consultation with respective P&AOs. 6. All Ministries/Departments are accordingly advised to bring the position referred to in this OM to the notice of all concerned from the perspective of ensuring that the dues of leave encashment in respect of Government servants retiring on attaining the age of superannuation are discharged with due promptness. It may be ensured that sanction orders, in this regard are issued timely, so that dues admissible to the Government servants on attaining the age of superannuation, on account of encashment of leave, are discharged as soon as possible, preferably on the next working day following the date of their retirement on superannuation.

No. 18019/6/2013-Estt(L) 

Government of India

Ministry of Personnel, Public Grievances and Pensions 

Department of Personnel and Training 

New Delhi, the 21 October, 2013 

OFFICE MEMORANDUM 

Subject: Timely payment of dues of encashment of leave to Government servants retiring on attaining the age of superannuation — need to obviate delays in payment of such dues - regarding. 

The undersigned is directed to state that in terms of the provisions of rule 39 of the CCS(Leave) Rules, 1972, the authority competent to grant leave is suo mote required to issue an order granting cash equivalent of leave salary for both earned leave and half pay leave, if any, at the credit of the Government servant on the date of his retirement, subject to the prescribed limits. 

2. It has since been brought to the notice of this Department that the concerned administrative authorities as indicated in First Schedule to the said rules including authorities subordinate to the leave sanctioning authorities to whom such powers have been delegated, are not ensuring that the dues, as admissible to a Government servant retiring on attaining the age of superannuation, are promptly paid. This has led to avoidable litigation where courts have been directing payment of interest on such delayed payments. It has been observed from the references received in this Department that the delays in such payments are predominantly due to avoidable administrative reasons relating to processing of such cases. 

3. It is further stated that the Leave Account of a Government servant is a dynamic document which is required to be revisited periodically to record credits of Earned Leave and Half Pay Leave in terms of provisions of rules 26 and 29 of the CCS(Leave) Rules, 1972 with entries made on each occasion the Government servant avails the leave of the kind due and admissible to him Further, the said rules envisage that advance credits be made in the leave account of the Government servant and a constant check maintained to ensure that the total accumulations at any given time do not exceed 300+15 days. 

4. Delays in reckoning the leave accumulations at the credit of Government servant at any stage, particularly at the time of his retirement on superannuation, cannot be acceptable and can be construed as administrative lapse, liable to attract provisions of the CCS(Conduct) Rules, 1964 and CCS(CCA) Rules, 1965. All cases 

of delay may be looked into and delays in disbursement of dues to Government servants retiring on attaining the age of superannuation be avoided. 

5. The administrative authorities may consider putting in place a mechanism to check such delays and define various processing parameters and time lines viz. issuance of orders in respect of such retiring Government servants who have 300+15 days earned leave at their credit on the 20th of the month in which they are retiring as any leave availed by such Government servants shall not impact the maximum ceiling of encashment of such leave even if any request is made for grant of earned leave during the said period. The possibility of e-transfer of dues can also be worked out in consultation with respective P&AOs. 

6. All Ministries/Departments are accordingly advised to bring the position referred to in this OM to the notice of all concerned from the perspective of ensuring that the dues of leave encashment in respect of Government servants retiring on attaining the age of superannuation are discharged with due promptness. It may be ensured that sanction orders, in this regard are issued timely, so that dues admissible to the Government servants on attaining the age of superannuation, on account of encashment of leave, are discharged as soon as possible, preferably on the next working day following the date of their retirement on superannuation. 

cadre restucturing of income tax department shortly allocation of posts regionwise!

ground the earth price