No.49014/2/2014-Estt.(C)-PT.I
Government of India
Ministry of Personnel, PG and Pensions
Department of personnel & Training

North Block, New Delhi
Dated: 11th October, 2018

OFFICE MEMORANDUM

Subject: Clarification on modalities of transfer of the NPS contribution to casual labourer with temporary status to their GPF accounts.

The undersigned is directed to refer to this Department’s 0M No.51016/2/90-Estt (C) dated the 10th September, 1993 vide which a scheme for grant of temporary status to the casual employees was framed. The scheme applied to those casual labourers who were in employment on the date of the issue of the 0M and had rendered one year of continuous service in Central Government offices, which meant that they must have been engaged for a period of at least 240 days (206 days in the of offices observing days week). The scheme did not apply to Departments of Telecom & posts and Ministry of Railways.

2. As the scheme, after rendering three years’ continuous service after conferment of tempeorary status, the casual labourers were to be treated at par with tempeorary Group ‘D’ employees for the purpose of contribution to the General Provident Fund. Further, after their regularisation, of the service rendered under tempeorary status was to counted for of retirement benefits.

3. As per para 8 of the scheme, two out of every three vacancies in Group ‘D’ in respective offices where the casual labourers had been working was to be filled up as per extant recruitment rules and in accordance with the instructions issued by Department of Personnel and Training from amongst casual workers with temporary status. However, regular Group ‘D’ staff rendered surplus for any reason would have prior claim for absorption against existing/future vacancies.

4. Vide the O.M. No.49014/1/2004 -Estt.(C) dated the 26th April, 2004, the above scheme was reviewed in light of introduction of New Pension Scheme in respect of appointed to the Central Government service on or after 1.1.2004. These casual labourers with temporary Status were now to be considered under the NPS and their underlying amount in GPI was credited to them.

5. The 0M dated 26th April, 2004 was quashed by various benches of CAT/High Courts who had decided that the scheme could not modified retrospectively.

6. The position was reviewed in the light of the Court judgements in consultation with the Department of Expenditute. It was then decided vide this Department’s O.M. No. 49014/2/2014- Estt(C) dated 26.02.2016 and 0M. No. dated 28.07.2016 that the casual labourers who had been granted temporary status under the scheme, and have completed 3 years of continuous service after that were entitled to contribute to the General Provident Fund. It was also decided that of the service rendered under temporary status would be counted for the purpose of retirement benefits in respect of those casual labourers who have been regularised in terms of para 8 of the 0M dated 10.09. 1993. This was applicable to all casual labourers covered under the scheme Of 1993 whether they were regularised before or after 31.12.2003.

7. It was emphasised that the benefit of temporary status is available only to those casual labourers who were in employment on the date of the issue of the 0M dated 10th Septetmber, 1993 and were otherwise eligible for it. No grant of temporary status is permissible after that date. The employees erroneously granted temproary status between 10.09.1993 and the date of Hon’ble Supreme Court judgernent in Union Of India And Anr vs Mohan Pal. 2002 (3) SCR 613, delivered on April, 2002, will however be deemed to have covered under the scheme of 10.09.93.

8. Subsequent to the issue of this Department’s O. M. 49014/2/2014-Esst(C) dated 26.02.2016 and O.M. No. 49014/2/2014-Estt(C) dated 28.07.2016 several Ministries/ Departments were seeking clarifications as regards to the modalities of transfer of the amount lying in the NPS account to the GPF account of these casual labourers. The matter has been examined in consultation with D/o Pensions & Pensioners’ Welfare, D/o Financial Services and D/o Expenditure.

9. D/o Pension and Pensioners’ Welfare have clarified/ stated that the employees’ share or the NPS subscription with interest should withdrawn and deposited in the GPE accounts if these CL-TS regularized after 31.12.2003 and the Government share with interest accrued under NPS should be deposited in Government’s account.

10. Controller General of Accounts (CGA) have furnished following clarifications vide letter No. dt 11.03.2016 on a similar matter which are as under:

(i)Adjustment of Employees contribution in Accounts:- Amount may be credited to individual GPF Account and the account may he recasred permitting up-to-dare interest (Authority-FR-16 & Rule / of GPF Rules)

(ii) Adjustment Of Government contribution under NPS in Accounts. TO be accounted for as (-) Dr. to object heads Recoveries under major Head 2071- Pension and Other Retirement benefit-Minor Head 911- Deduct Recoveries Of over payment (GAR 35 and para 3.10 of List of Major and Minor Heads of Accounts)

(iii) Adjustment of increased value of subscription on account of appreciation of investment- may be for crediting the amount Govt. account under Contribution towards pensions and other Retirement Benefit  SOO- Other Receipts (Note under the above Head in LMMHA).

11. The principle underlying the consideration of the case of CL(TS) is that Casual labourers Who were covered under the scheme Of 1993 and have been regularised in terms Of the above scheme were entitled to GPF and Old Pension scheme even if they were regularised after 31.12,2003.

12. Furthermore. as per Dio Expenditure/CGA, if the benefits under old pension scheme are to allowed to a retired employee, who had contributed towards NPS at any stage. the entire NPS accumulations i.e. employee’s contribution + Government’s matching contribution + appreciation thereon should be remitted into the accredited bank of the PAO concerned and the accounting procedure will be same in this case as prescribed at par 10 above.

13. All Ministries/Departments are requested to settle the matter explained.  If any further clarification is needed in the matter, they should approach CGA (Controller General of Accounts) directly, since CGA is the accounting agency and is competent to clarify the matter.

sd/-
(N.Sriraman)
Director (Establishment)

Source: https://dopt.gov.in/

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Request for convening meeting with the National Executives of All India Civil Accounts Employees Association and All India Civil Accounts Employees Association Category – II.

COPY OF THE AICAEA LETTER TO CGA ON CADRE REVIEW AND OTHER DEPARTMENTAL DEMANDS –

All India Civil Accounts Employees Association
(RECOGNISED BY GOVT. OF INDIA)
CENTRAL HEADQUARTERS
Phone No. 23345070, Mob. No. 9868520926, e-mail:- v.aicaea@gmail.com

Central Office: –
16-A, Akbar Road Hutments,
New Delhi: – 110011

Address for Communication:-
17/2 – C, P & T Quarters,
Kali Bari Marg,
New Delhi-110001

No: AICAEA/HQ/A-2/2015/380-410

Dated: 02.05.2015

To,
Shri Jawahar Thakur,
Controller General of Accounts,
Ministry of Finance,
Department of Expenditure,
Loknayak Bhawan,
Khan Market,
New Delhi – 110003

Subject:- Request for convening meeting with the National Executives of All India Civil Accounts Employees Association and All India Civil Accounts Employees Association Category – II.

Sir,
In continuation of NFCAA letter No: – NFCAA/HQ/A-2/2015/366 dated 01.05.2015, we are enclosing herewith the CADERE REVIEW proposal and the list of the items (Charter of Demands) we wish to discuss in the meeting we have requested for.

The date and time of the meeting may kindly be informed to us atleast a fortnight ahead so that our outstation National Executive members could procure Railway Reservations for attending the meeting.

Thanking you,

Yours Sincerely,

(V. Bhattacharjee)
Secretary General

Enclo: as above

Copy to the all Federal Executive Members.

CHARTER OF DEMANDS

1. Cadre Review
Cadre Review in the Civil Accounts Organization on functional requirements and grant of appropriate Pay & Grade pay to different cadres.

a. Accounts Assistant (by upgradation of post of LDCs ) – Grade Pay Rs. 2400/- PB 1

b. Staff Car Driver Gr. II – Grade Pay Rs. 2400/- PB 1

c. Stenographer Gr. III – Grade Pay Rs. 2800/- PB 1

d. Accountant -20%, DEO Grade A and Junior Hindi Translator (converting as Accountant) – Grade Pay Rs. 4200/- PB 2

e. Sr. Accountant – 80%, Data Entry Operator Grade B/Hindi Translator (Converting as Sr. Accountant) Stenographer Gr. I (Merged post of Gr.II & I) – Grade Pay Rs. 4600/-PB 2

f. Sr. Accountant- on completion of 4 years/Computer Operator – Grade Pay Rs. 4800/-PB 2

g. Private Secretary – Grade Pay Rs. 4800/-PB 2
After 4 years of service – Grade Pay Rs. 5400/-PB 3

h. Asstt. Accounts Officer–30% posts by promotion of Sr. Accountant on seniority with removal of condition of 53 years of age for eligibility and 70% by AAO(c) examination – Grade Pay Rs. 5400/-PB-2

h. AAO Grade II on completion of 4 years – Grade Pay Rs. 5400/-PB 3

i. Sr. Private Secretary – Grade Pay Rs. 6600- PB 3
(Post should be re-designated as Principal Private Secretary] Post of PPS may be allocated to Principal Chief Controller of Accounts and Chief Controller of Accounts (Addl. Secretary/Joint Secretary level officers)
As per para 2(iii) of DOPT Order No.20/51/2009-CS.II (A)(Vol.II) dated 25th February, 2011 – 625 newly created posts of PPS have been allocated against Joint Secretaries and equivalent level officers in different Ministries/Departments participating in CSSS on functional jurisdiction

1. Restoration of 5% promotional quota to the post of LDC for Gr-D/MTS and clearing of backlog by promoting all eligible MTS to the grade of Accounts Assistant as a onetime measure.

2. Formation of independent Department Of Accounts under CGA.

3. Filling up of vacant posts – regularization of contract /outsourced workers as per orders dated 23-01-2013 issued by Ministry of Labour – grant of minimum wage to those who are working against regular posts.

4. Grant of recognition to AICAEA CAT-II, NFCAA and implementation of check-off-system as per Government instructions.

5. Adoption of mutually agreed transfer policy for AAOs and implementation of the policy transparently and filling up of vacant posts by providing promotions to Civil Accounts Employees.

6. Provision of alternative accommodation and amenities to the Central Office of AICAEA.

7. Imparting training and grant of incentive for implementation of e-payment system.

8. Removal of discrimination in the date of effect of Promotion and grant of date of effect of promotion from 1st January of the year to all cadres.

9. Allotment of one seat in the National Council,(JCM) and 2nd seat in Departmental Council(JCM) to All India Civil Accounts Employees Association.

10. Counting of service for Grant of benefit of II ACP to Sr. Accountant appointed as Accountant-
(a) from the date passing departmental competitive examination conducted by SSC.
(b) from the 1st July of the next year of passing open examination conducted by SSC as per orders of DOPT and MHA

11. Grant Pay Scale of Rs. 1350-2200 from 01.01.86 to DEOs as has been granted by the Defence Accounts Department as well as in terms of the CAT judgments.

12. Removal of injustice to newly recruited Accountant in the matter of granting 1st increment through rectification of the procedure of Departmental Confirmatory test and also imparting training to the candidates.

13. Grant of two financial up gradation to MTS under ACP scheme who had completed 24 years of service before implementation of MACP Scheme as has done by the O/o the Pr. of Audit and Director, Economic service Ministries, Delhi vide order No:- AMG.I/Admn-1/32 dated 24.06.2014 .

14. Grant of Headquarter allowance to Sr.PS/PS/Stenos posted in office of CGA.

15. Removal of anomaly in grade pay arisen in PAO, CRPF after amalgamation of the office in Civil Accounts Organization.

16. As per decision of Supreme Court, payment of arrears in cash from 01.01.1996 to 18-02-2003 to Sr. Accountants due to upgradation of pay scale from 1-1-1996 .

17. Decentralization of CPAO and formation of regional offices to make the very purpose of operation of Pension Accounting Offices effective and conveniently accessible to old aged Pensioners.

18. Relaxation for revision of option for fixation of pay in the revised pay structure for persons promoted to the grade of Asstt. Accounts Officer (AAO) after 01.01.2006.

19. As has been done in earlier occasions and granted by Defence Accounts Department, Grant of honorarium for checking of pay fixation cases and pension cases after implementation of 6th CPC recommendations.

20. No redeployment of retired officers and employees in the Civil Accounts Organization.

Source: www.nfcaahqnd.blogspot.in

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