Child Care Leave – Frequently Asked Questions

Q Who are entitled for Child Care Leave?

A Child Care Leave can be granted to women employees having minor children below the age of 18 years, for a maximum period of 2 years (i.e. 730 days) during their entire service, for taking care of up to two children whether for rearing or to look after any of their needs like examination, sickness etc. Child Care Leave shall not be admissible if the child is eighteen years of age or older.

Q Am I eligible to draw Salary for the period for which Child Care leave is availed?

A During the period of such leave, the women employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

Q Whether CCL can be debited against any other type of Leave admissible to the employee?

A Child Care Leave shall not be debited against the leave account. Child Care Leave may also be allowed for the third year as leave not due (without production of medical certificate).

Q Whether Child Care Leave can be combined with any other leave?

A It may be combined with leave of the kind due and admissible.

Q Whether Child Care Leave is applicable for third child?

A :- No. CCL is not applicable to third Child.

Q How to maintain Child Care Leave account?

A The leave account for child care leave shall be maintained in the proforma prescribed by Govt, and it shall be kept alongwith the Service Book of the Government servant concerned.

Q Whether CCL can be claimed as a matter of right?

A The intention of the Pay Commission in recommending Child Care Leave for women employees was to facilitate women employees to take care of their children at the time of need. However, this does not mean that CCL should disrupt the functioning of Central Government offices. The nature of this leave was envisaged to be the same as that of earned leave.

Q Whether we can prefix or suffix Saturdays, Sundays, and Gazetted holidays?

A As in the case of Earned Leave, we can prefix or suffix Saturdays, Sundays, and Gazetted holidays with the Child Care Leave.

Q Should we have any Earned Leave in Credit for the purpose of taking Child Care Leave?

A There was a condition envisaged in the Office Memorandum relavant to Child Care Leave to the effect that CCL can be availed only if the employee concerned has no Earned Leave at her credit. However, this condition was withdrawn by the Government and as such there is no need for having EL in credit to avail CCL.

Q Whether CCL can be availed without prior sanction?

A Under no circumstances can any employee proceed on CCL without prior approval of the Leave sanctioning authority.

Q Can we avail CCL for the children who are not dependents?

A The Child Care Leave would be permitted only if the child is dependent on the Government servant.

Q Is there any other conditons apart from the total number of holidays and the age of the child?

A The Conditions regarding spell of CCL, imposed upon by the Government are that it may not be granted in more than 3 spells in a calendar year and that CCL may not be granted for less than 15 days.

Further, CCL should not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which this leave is sanctioned during probation is minimal.

Q Whether Earned Leave availed for any purpose can be converted into Child Care Leave? How should applications where the purpose of availing leave has been indicated as ‘Urgent Work’ but the applicant claims to have utilized the leave for taking care of the needs of the child, be treated?

A Child Care Leave is sanctioned to women employees having minor children, for rearing or for looking after their needs like examination, sickness etc. Hence Earned Leabe availed specifically for this purpose only should be converted.

Q Whether all Earned Leave availed irrespective of ‘number of days i.e. less than 15 days, and number of spells can be converted? In cases where the CCL spills over to the next year :for example 30 days CCL from 27th December, whether the Leave should be treated as one spell or two spells’?

A No. As the instructions contained in thc OM dared 7.9.2010 has been given retrospective effect, all the conditions specified in the OM would have to be fulfilled for conversion of the Earned Leave into Child Care Leave. In cases where the leave spills over to thc next year, it may be treated as one spell against the year in which the leave commences.

Q Whether those who have availed Child Care Leave for more than 3 spells with less than 15 days can avail further Child C31.e Leave for the remaining period of the current year’?

A No. As per the OM of even number dated 7.9.2010, Child Care Leave may not be granted in more than 3 spells. Hence CCL may not be allowed more than 3 times irrespective of the number of days or times Child Care Leave has been availed earlier.

Q Whether LTC can be availed during Child Care Leave?

A LTC cannot be availed during Child Care Lcave as Child Care Leave is granted for the specific purpose of taking care of a minor child for rearing or for looking after any other needs of the child during examination, sickness etc.

Q Whether Child Care Leave is applicable to All India Services?

A Yes. Child Care Leave is applicable to employees under All India Services.

Children Education Allowance – Frequently Asked Questions

Department of Personnel and Training, Establishment (Allowance) Section has released a set of FAQs (Frequently Answered Questions) and replies for the same relating to Children Education Allowance payable to Central Government Employees as reimbursement for educational expenses incurred for two children. Also DOPT has issued various clarifications regarding this allowance from time to time

We have compiled those Queries and Answers for convienence of readers.
1. Whether Reimbursement of Children Education Allowance (CEA) for 3rd child is permissible if CEA has not been claimed for 1st and or 2nd child ? As per OM dated 2.9.2008 CEA is admissible for two school going children does it mean any two school going children?
Answer: As per OM No. 12011/03/2008- Estt.(AL) dated 11 .I 1.2008,. the Children Education Allowance would be admissible for more than two children in case the number of children exceeds two as a result of the second child birth resulting in twins or multiple birth. This implies that the CEA will be admissible only in the cases of two eldest surviving childrcn and CEA for third or subsequent child will only be permissible if there is a case of multiple birth at the time of second child birth. Further, reimbursement of CEA for the 3rd child is admissible in case of failure of sterilization operation.
2. What are the fee that are reimbursable? Whether Development Fees, Annual Charges, Transportation fees are reimbursable? Reimbursement towards purchase of school bag, water bottle, uniform, shoes and stationary is admissible?
As per OM No.12011/03/2008-Estt (AL) dated 2.9.2008, tuition fee, admission fee, laboratory fee, special fee charged for agriculture, electronics, music or any other subject, fee charged for practical work under programme of work experience, fee paid for the use of any aid or appliances by the child, library fee, games/sports fee and fee for extra-curricular activities are reimbursable subject to the condition that the aforementioned fee are charged by the school directly from the student. Besides, reimbursement for purchase of one set of text books and notebooks, two sets of uniforms prescribed by the school in which the child is studying, one pair of shoes, in an academic year are reimbursable. Uniform include all items of clothing prescribed for a day, as uniform by the school, irrespective of colours/winter/summer/PT uniforms.
3. Whether CEA has been increased% 25% as a result of enhancement of Dearness Allowances beyond 50%?
This Department’s OM No. 12011/03/2008-Esn.(AL) dated 2.9.2008 clearly indicates that the limits “would be automatically raised by 25% every time the Dearness Allowance on the revised pay structure goes up by 50%. There is no need for any separate order from this Department to effect enhancement of CEA as a result of increase in DA by 50%. However, O.M. NO. 12011/01/2011-Estt.(Allowance) dated 4th May, 2011, has been issued to clarify this further.
4. This Department’s OM No. 1201 11031 2008-Esn.(AL) dated 2.9.2008 clearly indicates that the limits “would be automatically raised by 25% every time the Dearness Allowance on the revised pay structure goes up by 50%. There is no need for any separate order from this Department to effect enhancement of CEA as a result of increase in DA by 50%. However, O.M. NO. 1201 110112011-Estt.(Allowance) dated 4th May, 20 11, has been issued to clarify this further.
The reimbursement of CEA is not linked to the performance of the child in his class. Even if a child fails in a particular class, the reimbursement is permissible. However, if the child is admitted in the same class in another school, although the child has passed out of the same class in previous school or in the midsession, CEA shall not be reimbursable.
5. Whether Hostel subsidy is reimbursable irrespective of transfer liability?
Hostel Subsidy is reimbursable to all Central Govt, employees for keeping their ward in the Hostel of a residential school away from the station in which the employee is posted or residing irrespective of any transfer liability
6. Whether the admissible amount on account of CEA can be reimbursed in full to a Govt. servant in the first quarter of the financial /academic year itself ?
A Govt. servant is allowed to get 50% of the total amount subject to the overall annual ceiling in the first quarter and the remaining amount in third and or fourth quarter. Frontloading of the entire amount in the first and second quarters is not allowed ?
7. Whether any age limit has been prescribed for reimbursement of CEA in respect of children studying in nursery classes?
There is no minimum age prescribed for reimbursement of CEA in respect ol children admitted in nursery classes. However, with regard to physically challenged children the minimum age ol 5 (five) years has been prescribed. The maximum age for normal child is 20 years and for physically challenged children the maximum age is 22 years.
8. Whether the schooYinstitution should be recognized?
The schoollinstitution has to recognized by the Central or Statc Government or U’T administration or bj University or a recognized educational authority having jurisdiction over the area where the instituti-o-n is situated.
9. Whether CEA is payable for the children of Central Government employees and studying abroad, including children of citizens of NepalBhutan but working in Govenunent of India, and the children are studying in the schools in their native place, i.e., Nepal/Bhutan?
The CEA is payable for the children of all Central Government employees including citizens of Nepal and Bhutan, who are employees of Govenunent of India, and whose children are studying abroad. However, a certificate may be obtained from the Indian Mission ahroad that the school is recognized by the educational authority having jurisdiction over the area where the institution is situated.
10. Whether CEA is admissible to Government Servant who ceases to be in Service due to retirement, discharge, dismissal or removal from service in the course of academic year?
CEA/hostel subsidy shall be admissible till the end of the academic year in which the Government Servant ceases to be in service due to retirement, dicharge, dismissal or removal from service in the course of an academic year.
The payment shall be made by the office in which the Government Servant worked prior to these events and will be regulated by the other conditions laid down under CEA Scheme.
11. Whether Children of a Government Servant who dies while in service are still eligible for reimbursement under new CEA Scheme?
If a Government servant dies while in service the children education allowance or hostel subsidy shall be admissible in respect of his/her children subject to observance of other conditions for its grant provided the wife/husband of the deceased is not employed in service of the Central Government, State Government, Autonomous body, PSU, Semi government organization such Municipality, Port Trust authority or any other organization partly or fully funded by the Central government/State governments.In such cases the CEA/Hostel Subsidy shall be payable to the Children till such time the employee would have actually received the same,subject to the condition that other terms and conditions are fulfilled. The payment shall be made by the office in which the Government Servant was working prior to his death and will be regulated by the other conditions laid down under CEA Scheme.
12. Whether upper age limit of children has been prescribed for claiming CEA?
The upper age limit for disabled children has been set at the age of 22 years. In the case of other children the age limit will noe be 20 years or till the time of passing 12th class which ever is earlier. Cases where reimbursement have been already madem in respect of children above this age may not be reopened.
13. Whether CEA can be allowed in case of Children studying through Correspondence or distance learning?
It has also been decided rhst CEA may henceforth be allowed in case of children studying through “Correspondence or Distance Learning” subject to other condition prescribed.
14. What is definition of the terms “two sets of uniform”?
“Two sets of Uniform” would mean two sets of uniform prescribed by the School in which the child is studying. As set of uniform will include all items of clothing prescribed for a day, as uniform by the School. Reimbursement may be allowed for two sets of such uniform irrespective of the colors/winter/summer/PT uniform.
15. What is definition of “One set of Shoes”?
“One set of shoes” would mean one pair of shoes.
16. What is definition of station for the purpose of hostel subsidy?
It is clarified that for the purpose of hostel subsidy, station would be demarcated by the first three digits of pin code of the area where the Government Servant is posted and/or residing. The first three digits of the PIN code indicate a Revenue District.
17. Whether fee paid to organisations/Institutions other than the school or fees paid to private tutors is reimbursable?
No. It is clarified that the term ‘fee’ contained in the para l(e) of the OM dated 2.9.2008 would mean the fee charged by the School directly from the student.

Leave Rules – Frequently Asked Questions

Department of Personnel and Training, has released a set of FAQs (Frequently Answered Questions) and replies for the same relating to Leave Rules.  We have compiled those Queries and Answers for convenience of readers.

1. What are the leave entitlement of Govt. servants serving in a vacation Department w.e.f.  1.9.2008?
Earned  leave  for persons serving  in  Vacation Departments:-
(1)   (a) A Government  servant(other  than  a military officer) serving in a Vacation  Department shall not  be entitled to  any earned leave in respect of  duty performed  in  any year  in which  he  avails himself of  the full vacation.
(b)  In  respect of any  year  in  which  a Government  servant avails himself of a portion  of the vacation,  he  shall be  entitled to earned leave in such proportion  of  30 days, as the number of days of  vacation not  taken  bears  to  the  full  vacation:
Provided that no such leave shall  be admissible  to  a Government  servant not in permanent  employ  or  quasi-permanent  employ in respect of the first year of  his service.
(c) If, in any year, the Government servant does  not  avail  himself  of   any  vacation, earned leave  shall be admissible to  him in respect  of that year under rule 26.
For the purpose of  this rule, the term ‘year’ shall be  construed not  as  meaning a  calendar year  in which  duty is performed but  as  meaning twelve months of actual duty in a Vacation Department.
A Government servant entitled to vacation  shall be considered  to  have  availed  himself  of  a vacation or a portion of a vacation unless he has been  required by general or special  order  of  a higher  authority  to  forgo such  vacation or portion of a vacation:
Provided  that  if  he has  been prevented by such order from enjoying more than fifteen days of the vacation,  he   shall  be considered  to  have availed himself of no portion of the vacation.
When  a Government  servant  serving  in  a Vacation  Department proceeds  on  leave  before completing a  full year  of duty, the earned leave admissible  to him  shall  be  calculated  not  with reference to  the vacations which  fall during the  period  of  actual duty  rendered before proceeding on  leave  but with reference  to  the vacation  that  falls during  the  year  commencing from  the  date on  which he  completed  the previous year of duty.
As per Rule  29(1) the half pay leave account of every Government  servant  (other than a military officer shall  be  credited  with half  pay  leave  in advance, in two installments of  ten days each on the  first  day  of  January  and  July  of  every calendar year.

2. Whether encashment of  leave is allowed  after LTC is availed.
Sanction of leave encashment should, as  a rule, be lone  in  advance,  at   the time  of  sanctioning the LTC.  However, ex-post facto sanction  of  leave encashment  on  LTC may  be  considered  by  the sanctioning  authority  as  an  exception  in  deserving
cases  within  the time  limit prescribed  for submission of claims for LTC.

3.  Whether encashment of Leave with LTC  can be availed  at the time when  the LTC is availed by the Government servant only or  can leave be encashed  at the time when LTC is availed by family members?
A Govt. servant can be  permitted to encash earned leave  upto  10  days  either at  the  time of  availing LTC  himself  or when  his  family avails it, provided other conditions are satisfied.

4. Whether leave encashment should be revised on retrospective revision  of pay/D.A?
In  terms  of  38-A  of  CCS(Leave)  Rules, encashment  of EL alongwith  LTC  is  to  be calculated  on pay admissible on the date of availing LTC+DA  admissible on  that  date.  If  pay  or  DA admissible  has been revised with retrospective effect,  the  Govt. servant  would  be  entitled  to encashment of Leave on the revised rates.

5. Whether encashment of Earned Leave allowed  to  a  Govt. servant  prior  to  his joining the  Central  Govt.  is  to   be  taken into account while retiring ceiling of leave encashment  on his  superannuation  and retirement from Central Govt.?
Encashment  of EL  allowed  by  the  State Governments,  Public Sector  Undertakings, Autonomous  Bodies for  services  rendered  in  the concerned Govt. etc. need not be taken into accounl for  calculating the ceiling of   300 days  of   Earned leave to  be encashed as  per CCS(Leave) Rule.

6. Whether leave  encashment  can  be sanctioned  to  a  Govt.  servant  on  his superannuation while under suspension?
Leave encashment can be sanctioned, however Rule 39(3)  of  CCS  (Leave) Rules,  1972  allows  with holding of leave encashment in the case of a Govt. servant who retires  from  service  on attaining  the age of  superannuation  while  under suspension  or while disciplinary  or  criminal  proceedings  are pending against him,  if  in  view  of  the  authority there  is  a possibility  of   some  money  becoming recoverable  from  him  on conclusion  of   the proceedings against  him. On conclusion of  the proceedings  he/she  will become  eligible  to  the amount so withheld after adjustment of Government dues, if any.

7.Whether leave encashment can be sanctioned  to  a  Govt.  servant  on  his dismissal/removal, from service?
A  govt.  servant who  is  dismissed/removed  from service  or whose  services are terminated ceases to have any claim to leave at his credit from the date of such dismissal, as per rule 9(1).  Hence he is not entitled to any leave encashment.

8.  Whether interest is payable  on delayed payment of leave encashment dues?
No, there is no provision in the CCS (Leave) Rule 1972 for payment of interest on leave encashment.

9. Whether  a Govt. servant  who  has  been granted study leave may be allowed  to resign  to  take  up  a post  in  other Ministries/Department  of  the Central Govt.  within the bond period?
Yes, As per rule 50(5)(iii) a Govt. servants has to submit a bond  to  serve the Govt. for a period  of 3 years.  As the Govt. servant would  still be  serving the Govt. / Department he may be allowed to submit his technical resignation  to  take up another post
within the Central Govt.

10. Whether women employees  of Public sector  undertakings/Bodies  etc. Are entitled to CCL?
Orders  issued  by  DOPT are not automatically applicable  to  the  employees of Central Public Sector Undertakings/Autonomous Bodies, Ranking industry etc. It is for the PSUs/ Autonomous Bodies to  decide the  applicability  of the  rules/instructions issued  for  the central Government employees  to their employees  in  consultation  with  their Administrative Ministries.

11. Whether Govt. servant can  be permitted  to leave  station/go abroad while on CCL?
Child care leave is  granted to a woman employee to take care of the needs of the minor children. If the child is  studying abroad or the Govt. servant has to go abroad for taking care of the child, she may do so  subject to other conditions laid down for this purpose.

12. What  is  the intention  behind  the instruction that  CCL  is to  be  treated  like EL  and sanctioned as such?
The intention  is  that  CCL  should be availed  with prior  approval  of  leave sanctioning authority  and that the combination  of  CCL with  other leave,  if any, should be  as per the restriction of combination with EL.  The restriction of the limit of  180 days at a stretch  as  applicable in the case of  EL  will  not apply in  case of CCL. The other conditions like CCL may  not be granted for less than  15 days or in more than 3 spells, etc., in a year, will apply.

PENSION CASE IN THE HIGH COURT OF JHARKHAND AT RANCHI (CIVIL WRIT JURISDICTION) W.P.(S) No. 4946 OF 2008

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(CIVIL WRIT JURISDICTION)

W.P.(S) No. 4946 OF 2008

Shri P.N.Mishra … … …  …  …                                    Petitioner

… VERSUS  …

The Union of India & Others …            …                     Respondents

Sub: - QUASHING MATTER

INDEX

Sl.No.                      Particulars                                                            Page No.

01                   An application with affidavit                                1 – 22

02                   Annexure – 1                                                              

A photo copy of original Gazette                     

Notification dated 31-07-2008                     23               

03                   Annexure – 2                                                                 

A photo copy of original

office order No.F.N.6 – 1 / 92 –

NVS(Admn.) dated 30-03-1992                    24

04                  Annexure – 3 series                                  

A photo copy of recommendations

of the Parliamentary Committee of

NVS, New Delhi together with

Report No. 198 and copy of the

recommendation of Commissioner        

dated 29-12-06                                                   25 - 36                                                       

05                   Annexure – 4 series                                      

Photo copy of office copy of

representations dated

01-05-08, 17-06-08, 05-08-08 &

21-08-2008                                                                       37- 47

VAKALATNAMA

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(CIVIL WRIT JURISDICTION)

W.P.(S) No. 4946 OF 2008

Shri P.N.Mishra … … …  …  …                                    Petitioner

… VERSUS  …

The Union of India & Others …            …                     Respondents

Synopsis

That the petitioner in the instant writ application prays for issuance of a writ or writs, direction and directions commanding the Respondents to implement and adopt and formulate the uniform and consistent Pension Rule for entire Teaching & Non Teaching staffs as Pension Rule as has been adopted and made applicable for the other educational institutions of the central Government, Human Resources Department. The petitioner further assails the inconsistent pension scheme approved on 01-01-2004 for declaring it ultravires to Articles 14,16 and 21 of the Constitution of India as not framed under Article 309 of the Constitution of India which is derogatory to the entire Teaching & non Teaching staffs of Navodaya Vidyalaya Samiti/Jawahar Navodaya Samiti issued by the union of India, Samiti issued by the Union of India Human Resources Department published in the Union of India Gazette Notification dated 31-7-2008 contained in Annexure – 1 is fit to be declared as ultravires to Articles 14,16 and 21 of the constitution of India as not framed Under Article 309 of the Constitution of India.

The important dates and events are as under: -

17-01-1992:The Director of Navodaya Vidyalaya Samiti of the Executive Committee decided in its meeting held to adopt the Rules & Regulation and procedure application to the Central Government Employees as Mutatis and Mutandis, till such time the   

                                                                        ( i i )

:           the Navodaya Vidyalaya Samiti formulated its own Rules.

:           An Expert committee headed by Sri Y.N.Chaturvedi constituted by Human Resource Department with respect to Management’s structure operating mechanism and suggested further with respect to pensionary benefits to be extended to Teaching & Non-Teaching staffs of the NVS/JNVs at par with the similarly situated schools run and governed by Human Resources Department of the Union of India which report were submitted in 2001.

Paragraph – 20 :                         The Review Committee constituted

29 -01-2004                                   by Human Resources Department of Union of India further Submitted a suggesting the Teaching a Non- Teaching staffs of the NVS/JNVs be treated at par with Teaching and Non-Teaching staffs of Kendriya Vidyalaya schools for the purpose of extending and admitting such pensionary benefits.

Annexure -3 :                              The Commissioner of NVS/JNVs who is the controlling

Series                                          Authority of NVS/JNVs, New Delhi vide its recommendation dated 29-12-06 after due enquiry and examining all pros and cones of the entire matter, has recommended for enforcement of the pensionary benefits to the Teaching and Non-Teaching staffs of NVS/JNVs.

Annexure -4:                                The petitioner’s Association claimed before all the authorities including Prime Minister of India time without number but in vain.

                                                            Contd. to ( i i i )

( i i i )

Annexure – 1:                              The Teaching & Non Teaching staffs who have joined prior to 01-01-2004 are being discriminated on issuing Notification of Union of India is discriminatory, prejudicial to the entire service condition and pensionary benefits of NVS/JNVs as being Ultravires to Article 14, 16 and 21 of the constitution of India and as not framed Under Article 309 of the constitution of India.

                                                      Hence this writ application.

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IN The HIGH COURT OF JHARKHAND AT RANCHI

(CIVIL WRIT JURIADICATION)

W.P.(S) No. 4946 of 2008

IN THE MATTER OF

     An application Under Article   226 of the Constitution of India

                               AND

IN THE MATTER OF

Shri P.N.Mishra, son of Late Ganesh Mishra, Executive Member, Jawahar Navodaya Vidyalaya, Ranchi (Jharkhand) represented through All India Navodaya Vidyalaya Staff Association, resident of at Bandhgari, P.O- R.M.C.H., P.S. Ranchi Sadar, Dipatoli Ranchi (Jharkhand).

… PETITIONER

( 2)

- VERSUS -

1. The Union of India through the Secretary, Human Resource Department, New Delhi.
2. The Secretary, Human Resource Department, New Delhi.
3. The Additional Secretary, Human Resource Department, New Delhi.
4. The Commissioner, Navodaya Vidyalaya Samiti,A-28, Kailash Colony, New Delhi -110048.

…    RESPONDENTS

To,

The Hon’ble  Gyan Sudha Mishra, the Chief Justice of the High Court of Jharkhand at Ranchi and Her Other Companion Justices of the said Hon’ble Court.

The humble petition on behalf of the petitioner named above.

( 3 )

MOST RESPECTFULLY SHEWETH : -

1.        That this is an application for issuance of a writ or writs, direction or directions, commanding the Respondents to implement and adopt and formulate the uniform and consistent pension Rule for entire Teaching and Non-Teaching staffs, as Pension Rules as has been adopted and made applicable with the other Education Institutions of the Central Government, Human Resources Department such as OAK Schools of Railway, Kendriya Vidyalaya Sangathan, Central Tibetian Schools organization governed by Human Resources Department of the Union of India Rule – 149/( 4 ) (iv) of G.F.R of Government of India states. The petitioner further assails the inconsistent pension scheme approved on 01-01-2004 for declaring it ultravires to Articles 14, 16 and 21 of the constitution of India as not framed under Article 309 of the Constitution of India which is derogatory to the entire Teaching & Non-Teaching staffs

( 4 )

the Navodaya Vidyalaya Samiti issued by the Union of India, Human Resources Department published in the Union of India Gazette Notification dated 31-07-2008, so far as the staff of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya which have been appointed before 01-01-2004. The aforesaid Rules is inconsistent to the extent that it zeopardises the entire pensionary benefits of an employee who has already rendered more than 20 years service or has attaineded the age of superannuation. The Union of India Human Resources Department showing apathytiehile accepting the proposal of various committees for treating the service condition of all the Teaching & Non-Teaching staffs of Navodaya Vdyalaya Samiti/ Jawahar Navodaya Vidyalaya samiti at par with the other Central Government Schools run by Human Resources Department of the Union of India as mentioned above for all service benefits including the pensionary benefits but unfortunately has issued the

( 5 )

Notification dated 31-07-2008, creating anomolous situation and needless controversy creating clouds and apprehension among all the Teaching & Non Teaching staffs of   Navodaya Vdyalaya Samiti and Jawahar Navodaya Vidyalaya samiti. The aforesaid notification is highly prejudicial to pensionary benefits of the entire Teaching & Non – Teaching staffs of the schools in question which have been appointed before 01-01-2004 as such is violative of the Articles 14, 16 and 21 and 309 of the constitution of India and is fit to be declared ultravires, illegal and inoperative as regards the petitioner’s Association is concerned.

A photo copy of the original Gazette Notification dated 31-07-2008 is annexed herewith and marked as Annexure – 1 to this writ application.

2. The petitioner is a citizen of India and

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Executive Member of Jawahar Navodaya Vidyalaya, B.I.T, Mesra, Ranchi Branch, represented through All India Navodaya Vidyalaya Staff Association and his cause of action accrues within the territorial jurisdiction of this Hon’ble Court.

3. That the petitioner has been duly authorized by his                                        Association to file this case in present form before this Hon’ble Court and also swear affidavit in the case.

4 That the following substantial question of Law are

    involved in the case : -

(i)             WHETHER this Hon’ble Court in exercise of its writ jurisdiction, can quash the order contained in Annexure – I so far as the petitioner’s Association is concerned as being violative of Articles 14, 16 and 21 of the Constitution of India as being inconsistent and derogatory to the pension scheme adopted by the Human Resource Department of Union of India for other similarly

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situated schools governed and controlled by the Human Resource Department of the Union of India?

                  (ii) WHETHER this Hon’ble Court in exercise of its writ jurisdiction can direct the Respondents to formulate and adopt the Rule pertaining to the Teaching and Non Teaching staffs of Navodaya Vdyalaya Samiti/ Jawahar Navodaya Vidyalaya and treating the case of the petitioner’s Association to be at par with other Teaching & Non Teaching staffs of similarly situated schools as mentioned above ?

      (iii) WHETHER the action of the Respondents while issuing Notification contained in Annexure – 1 have acted arbitrarily, making discrimination with the Navodaya Vdyalaya Samiti/ Jawahar Navodaya Vidyalaya samiti Teaching & Non Teaching staffs with respect to grant pensionary benefits to the aforesaid staffs who have been appointed prior to 01-01-2004 and thus whether the Rules published in the Extra Ordinary Gazette

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contained in Annexure – 1 can be declared ultravires, illegal and in-operative so far the Teaching and Non – Teaching staffs of Navodaya Vdyalaya Samiti/ Jawahar Navodaya Vidyalaya samiti who have been appointed prior to 01-01-2004 as being derogatory to the service condition of petitioner’s Association?

5.  That the short facts giving rise to the filing of the present writ application, is that the Human Resources Department of the Union of India presented the large vision of Late Rajive Gandhi, Prime Minister of India, the then, to establish Central Government controlled schools in the remote rural areas of the country within the territory of India and in that vision the Navodaya Vidyalaya Samiti schools were brought on surface and today about 600 Navodaya Vidyalaya Samiti schools have been established and all the schools mentioned above have been imparting valuable, quality modern education to the students residing in

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Remote rural areas of the country end is also producing large number of meritorious students who are the future of the nation.

6. that the Jawahar Navodaya Vidyalaya schools of the Human Resources Department  of the Union of India have huge establishment of Teaching & Non Teaching and IVth  Grade Employees spreading all over India and at the time of establishment of schools in the year 1985 and thereafter the Human Resources Department of Union of India primarily declared to implement the rules of the governance of the other educational institutions of the Union of India, Human Resources Department including all the service benefits and pensionary benefit for the teaching & Non-Teaching staffs of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya Samiti vide O.M..No. 4/1/87-PIC-1 dated 01-05-1987.

7. That it is stated further that a Executive Committee of Jawahar Navodaya Vidyalaya Samiti has been

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Constituted by the Human Resourses Department of Union of India and the Director of Navodaya Vidyalaya Samiti of the said Executive Committee decided in tis meeting held on 17-01-1992 to adopt the Rules & Regulations, circulars and procedures applicable to the Central Government Employees as Mutatis & Mutandis till such time the Navodaya Vidyalaya Samiti formulates its own Rules required for the governance of the school establishment and service conditions of Teaching and Non Teaching Staffs of Navodaya Vidyalaya Samiti vide letter No. F-6-1/92 NVS (Admn.) dated 30-03-1992 contained in order No. 14-2/93-NVS (Vig.) dated 20-12-1993.

The photocopy of the original office order No. F. No.6-1/92-NVS(Admn) is annexed herewith and marked as annexure-2 to this writ application.

8. That it is stated and submitted that an

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Expert committee headed by Sri Y.N. Chaturvedi constituted by Human Resources Department with respect of Management’s structures operating mechanism and suggested further with respect to pensionary benefits to be extended to the Teaching & Non Teaching Staffs of Navodaya Vidyalaya Samiti/ Jawahar Navodaya Vidyalaya Samiti at par with the similarly situated schools run and governed by Human Resources Department of the Union of India which report were submitted in 2001.

9. That it is stated further in the aforesaid connection that the parliamentary standing committee on Human Resources Department  in its 154^th report presented on 02-03-2005 in Lok Sabha and Rajya Sabha on 03-03-2005 strongly recommended the pensionary benefits to be given to the Teaching and Non Teaching staffs of the Navodaya Vidyalaya Samiti and Jawahar Navodaya Vidyalaya and said benefits as has been extended to the teaching and Non Teaching staffs

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of the other Human Resources Department  governed schools. It is further submitted in the aforesaid connection that the report pertaining to extending the pensionary benefits and other service conditions for Teaching & Non Teaching staffs of Jawahar Navodaya Vidyalaya and Navodaya Vidyalaya Samiti has made strong recommendation for pensionary benefits at par with the other Central Government Employee, has been made by the Parliamentary standing committee on 30-11-2006, 17-08-2007 in its 184^th and 198^th Reports. Needless to say that the reports were presented to the Lok Sabha  and Rajya Sabha.

10. That it is stated further that a review committee constituted by Human Resources Department  of Union of India further submitted a report on 29-01-2004 suggesting the Teaching & Non Teaching Staffs of the Navodaya Vidyalaya Samiti/ Jawahar Navodaya Vidyalaya Samiti be treated as at par with the Teaching & Non Teaching Staffs of Kendria Vidyalaya Schools for the purpose of

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extending and admitting such pensionary benefits.

11. That it is pertinent to mention here that a committee headed by the Commissioner of the Navodaya Vidyalaya Samiti who is Controlling Authority of Navodaya Vidyalaya Samiti, New Delhi vide its recommendation dated 29-12-2006 after due enquiry and examining all pros and cons of the entire matter, has recommended for enforcement of the pensionary benefits to the Teaching & Non Teaching staffs of Navodaya Vidyalaya Samiti/ Jawahar Navodaya Vidyalaya Samiti at par with the employees of other educational institution being governed by Human Resources Department  of Union of India. It is relevant to state that the Commissioner of Navodaya Vidyalaya Samiti, has strongly held by analyzing and evaluating the entire matter that the case of the Teaching & Non Teaching employees of Navodaya Vidyalaya Samiti /Kendria Vidyalaya Samiti are prima-facie on strong footing than the other such staffs of other schools being run by the Human

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Resources Department of Union of India.

The photo copy of the recommendations of the parliamentary committee of Navodaya Vidyalaya Samiti, New Delhi Report No. 198 and copy of the recommendations of the Commissioner dated 29-12-2006 are annexed herewith and marked as annexure – 3 series.

12. That it is also pertinent to mention here that the 6^th Pay revision Committee of the Government of India has also approved the demand of Teaching & Non Teaching staffs of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya Samiti for treating their service conditions at par with Teaching & Non Teaching staffs of Central Government schools and extend and admit their pensionary benefit at par with the Teaching & Non Teaching staffs of other schools being governed by the Human Resources

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Department of Union of India.

13. That from the facts and circumstances mentioned above, it is abundantly proved that the Teaching & Non Teaching staffs of Navodaya Vidyalaya Samiti/ Jawahar Navodaya Vidyalaya Samiti have been playing great role in building and creating high quality of educational environment in remote rural area of the entire nation and thereby their role in building of nation can not be ignored, and while doing so with great discipline, they used to spend whole of their precious life in the school. It is stated that while imparting education of highest quality in the school, their result in all subjects is at par with the renowned educational institution spread over the country and even at private controlled institutions at Shimla, Dehradun, Darjeeling, Rajasthan, Military schools, OAK schools of Railway but unfortunately the Teaching & Non Teaching staffs of Navodaya Vidyalaya Samiti/Jawahar Navodaya Vidyalaya

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Are being discriminated arhitrarily, denying their pensionary benefits and other benefits as being given to the similarly situated educational institution of Human Resources Department of Union of India.

14.           That it is abundantly proved from the perusal of the report of central committee dated 29-12-2007 of Navodaya Vidyalaya Committee constituted for the purpose of examining for entire service condition of Teaching & Non Teaching staffs of Navodaya Vidyalaya Samiti / Jawahar Navodaya Vidyalaya Samiti. That the benefit of service conditions pensionary benefits of the c.c.s  rule be given to them.

15.           That despite all recommendation on the basis of due enquiry contained in the All India Gazette Notification vide Annexure – 1 has been issued which is highly prejudicial to the entire Teaching & Non Teaching staffs of Navodaya Vidyalaya Samiti/ Jawahar Navodaya Vidyalaya Samiti who have been appointed before 01-01-04, in the circumstances it may be declared that the pensionary Rule abrogate the equality and equality claim

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guaranteed under the Constitution of India under Article 14, 16 and 21, arbitrarily taken away, depriving the benefits of full pension scheme which is extended and payable to the other Teaching & Non Teaching staffs of educational institution being controlled by Government of India, Human Resources Department. The petitioner through its Association craves leave of this Hon’ble Court to state that the benefits of pension under central civil service (C.C.S. Pension Rule 1972) be extended and granted to the Teaching & Non Teaching staffs of Navodaya Vidyalaya Samiti / Jawahar Navodaya Vidyalaya Samiti.

16.           That the petitioner’s Association apprehends that the member who are Teaching & Non Teaching staffs shall be deprived of the pensionary benefits on account of anamoly created by virtue of issuance of Notification contained in Annexure– 1 dated 31-07-2008.

17.           That it is stated and submitted for the kind

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consideration of this Hon’ble court that the petitioner’s Association represented through All India Navodaya Vidyalaya Staffs Association, claimed before all the authorities including Prime Minister of India, Minister of Human Resources Department, New Delhi time without number but unfortunately the Notification contained in Annexure – 1 has neither been withdrawn nor has been rescinded by the Human Resources Department  till date, compelling and dragging the Petitioner’s Association to hover in uncertainty with respect to the pensionary benefits for those employees who have joined Navodaya Vidyalaya Samiti / Jawahar Navodaya Vidyalaya Samiti schools prior to 01-01-2004.

The photo copy of office copy of representations dated 01-05-2008, 17-06-2008, and 05-08-2008, 21-08-2008 are annexed herewith and marked as Annexure – 4 series to this writ.

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18.     That the action of the Respondent while issuing order as contained in Annexure – 1, have violated the equaity and equality clause guaranteed under Articles 14 & 16 of the Constitution of India as such order contained in Annexure – 1 is violation of Article 14, 16 and 21 of the Constitution of India.

19.     That from the facts and circumstances mentioned above, it is proved that the Teaching & Non Teaching staffs have joined prior to 01-01-2004 are being discriminated on issuing Notification contained in Annexure -1 of Union of India which is discriminatory, prejudicial to the entire service condition and pensionary benefits of Navodaya Vidyalaya Samiti / Jawahar Navodaya Vidyalaya Samiti.

20.     That the member of the petitioner’s Association has no other alternative or efficacious remedy available any where than to move before this Hon’ble Court for the reliefs bought for in the present

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writ application and against the Notification contained in Annexure -1.

21.     That the  order   /Notification contained in Annexure-1 is ultravires to Article 14, 16 and 21 of Constitution of India as the said Annexure has not been framed any issues Under Article 309 of the Constitution of India.

22.     That the petitioner has move before this Hon’ble Court for the first time for the reliefs sought for in the instant writ application.

It is, therefore, prayed that Your Lordships may graciously be pleased to issue writ or writs, direction or directions to implement the pensionary Rule(C.C.S pension Rule 1972) on the basis of recommendations made by competent authority and several Committees of Parliament as is applicable to Teaching

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& Non Teaching staffs of other educational institution run, controlled and managed by Human Resources Department  of Union of India and after hearing the parties allow this application and declare the Notification contained in Annexure-1 is ultravires to the Article 14, 16 and 21 of the Constitution of India not having framed Under Article 309 of the Constitution of India :

AND/OR

Rending disposal of this application stay operation of above.

OR

Pass such other order or orders as to your Lordships may deem fit and proper;

And for this the petitioner shall ever pray.

                                                                                                                       

                                                                                                                       

                                                            Sd/- PANCHA NAND MISHRA

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I, P.N.Mishra son of Late Ganesh Mishra, resident of AT-Bandhgari, P.O-R.M.C.H, P.S- Ranchi Sadar, District Ranchi, do hereby solemnly affirm and state as follows : -

1.        That I am petitioner being Executive Member, Jawahar Navodaya Vidyalaya, Ranchi Branch represented through All India Navodaya Vidyalaya Staffs Association, as such am well acquainted with the facts and circumstances of the case.

2. That I have read and understood the contents of this application and affidavit.

3.        That the statement made in paragraph 8 pt, 6pt, 8pt, 12, 13,14,15,16,17 to 21 are true to my knowledge and those made in paragraphs 1pt 2,3, 5pt, 6pt, 7pt, 8pt, 9pt, 10,11,22 are true to my information derived from the records of the case and the rest are by way of submissions to this Hon’ble Court.

4.        That the annexure are the Xerox/true copies of their respective originals.

            Verified sworn and signed this affidavit on this the 22th day of September, 2008 at Ranchi.

                                                                                               

                                                            Sd/- PANCHA NAND MISHRA

Status of Pension case in HIGH COURT OF JHARKHAND AT RANCHI

FAQ on Income Tax Return filing

Q:           What is the purpose of Notification No. SO 1439(E), dated 23-6-2011 and who are proposed to be exempted from the requirement of filing of the return?

Ans:       The primary objective of this notification is to exempt those salaried taxpayers from the requirement of filing income-tax returns, who have (i) total income not exceeding Rs. 5,00,000, and (ii) the total income consists only of income chargeable to income-tax under the head ‘Salaries’ and interest income from savings bank account if such interest income does not exceed Rs. 10,000.

Further, such salaried taxpayer would be eligible for exemption from filing a return of income only if tax liability has been discharged by the employer by way of Tax Deducted at Source (TDS) and the deposit of the same to the credit of the Central Government. For this purpose, taxpayer has to intimate his interest income to the employer during the course of the year.

For Example –

(i) If an individual has salary income of Rs. 4,90,000 and interest income from savings bank account not exceeding Rs.10,000 (which has been reported to the employer and tax has been deducted thereon), then the taxpayer would be exempt from the requirement of filing income-tax returns since the total income from both the above sources does not exceed five lakh rupees.

(ii) A taxpayer having salary income of Rs. 4,98,000 and interest income from savings bank account of Rs. 2,000 (which has been reported to the employer and tax has been deducted thereon), would also be eligible under this Scheme.

(iii) A taxpayer having salary income up to Rs. 5,00,000 and nil interest income would also be eligible under this Scheme.

(iv) A taxpayer having salary income of Rs.5,50,000, interest income from savings bank account of Rs. 8,000(which has been reported to the employer and tax has been deducted thereon), and who has claimed deduction of Rs. 70,000 under section 80C (on account of certain payments / investments / savings) would also be eligible under the Scheme.

(v) A taxpayer having salary income of Rs. 6,10,000, interest income from savings bank account of Rs. 10,000 (which has been reported to the employer and tax has been deducted thereon), and who has claimed deduction of Rs. 1,00,000 under section 80C (on account of certain payments / investments / savings), a deduction of Rs. 20,000 under 80CCF (Infrastructure Bonds) and a further deduction of Rs. 15,000 under section 80D (Health Insurance Premium) would also be eligible under the Scheme.

Q.           Whether a salaried taxpayer having total income of less than Rs. 5,00,000 and claiming a refund of Rs. 3,000 would be eligible under this Scheme

Ans:        No. The taxpayer has to file a return of income for making a claim of refund.

Q:           Is having a valid PAN a precondition for being covered by the notification?

Ans:       Yes. The notification clearly specifies that the individual has to report his PAN to the employer.

Hence having a valid PAN is a precondition for falling within the ambit of the notification.

Q:           Can an individual who is getting income under the head “salaries” from more than one employer take benefit of the notification?

Ans:       No. A salaried taxpayer who has earned income from more than one employer during the financial year is not covered under this Scheme.

Q:           Whether this notification would also cover taxpayers having ‘loss from house property’, which are often reported by the employees to the employer.

Ans:       No. Under the existing procedure, DDO/employer can give credit to the employee for a claim for loss under the head “income from house property” under section 24 made by the employee. As a result, a salaried employee’s total income may reduce to less than Rs. 5,00,000 as loss from the head “income from house property” would have been set-off against salary income. Such a taxpayer is not exempted from filing his return of income as the notification exempts only cases where the total income is under the head “salary” and from savings bank account (income from other sources) not in excess of Rs. 10,000. If the taxpayer has any loss under the head “income from house property”, he will not be eligible for exemption from filing a return of income.

Q:           Does savings bank account include other banking accounts like fixed deposits or recurring deposits accounts?

Ans:       No. The benefit of the notification is available to taxpayers whose interest income comprises of interest earned on savings bank account ONLY.

Q:           Circular No. 8/2010, dated 13-12-2010 which is applicable for Assessment Year 2011-12 stipulates that the Drawing and Disbursing Officer (DDO)/Employer while deducting TDS from salary of an employee cannot allow deduction u/s 80G except donations made to the Prime Minister’s Relief Fund, the Chief Minister’s Relief Fund or the Lt. Governor’s Relief Fund. Whether the notification would cover only these cases?

Ans:       Yes. An individual cannot avail the exemption under this notification if the claim of deduction for donations under section 80G is for donations other than those mentioned in Circular No. 8/2010. A taxpayer has to file a return of income for making a claim in respect of claim of deduction under section 80G for such donations (not specified in Circular No. 8/2010).

Q:           Will a salaried individual having agricultural income, which is exempt from tax, be covered within the ambit of the notification?

Ans:       A salaried individual with agricultural income exceeding five thousand rupees shall be out of the ambit of the notification. A return will have to be filed in such a case, even if other conditions of the notification are satisfied as the agricultural income (of more than Rs. 5,000) has to be included, for rate purposes, in the total income.