Special Concession applicable to Kashmir Valley Central Government Employees – Clarification
By virtue of a special Ordinance Kashmir Valley Central Government Employees are entitled for following Concessions
I. ADDITIONAL H.R.A AND OTHER CONCESSIONS
II. MESSING FACILITIES
III. ADJUSTMENT OF MIGRANT EMPLOYEES
IV. PAYMENT OF LEAVE SALARY / AD-HOC FINANCIAL ASSISTANCE
V. REGULARIZATION OF THE PERIOD OF ABSENCE OF J&K MIGRANT EMPLOYEES
The full details of these concessions are contained in DOPT O.M.No. 18016/3/2010-Estt. (I) dated 28.12.2010. Full Text of the this OM dated 28.12.2010 is reproduced below.
Now based on various references seeking clarifications in these special concessions to Central Government Employees working in Kashmir valley, DOPT has issued a clarification Office Memorandum dated 14.12.2012. As per this clarification, quantum of additional HRA, is not linked to previous place of posting where the officer posted to Kashmir Valley chooses to retain his family nor it is linked to any other place where he chooses to move his family. It is uniformly admissible HRA rate applicable for Class ‘Y’ city only for employees who exercise the option to move their families to a selected place of their choice in India.
It is also clarified that special concession for Central Government employees working in Kashmir Valley is applicable to all Central Government employees irrespective of their mode of appointment. In other words concession is applicable post carrying posting liability only with in Zonal and to post carrying all India posting liability. Concession is also applicable when duty posts are in non-family stations. As such, special concession is available to all Central Government employees/PSU under the Government of India posted in Kashmir Valley.
The full text of this office memorandum dated 14.12.2012 is given below.
Clarification on Special Concessions/facilities to CGE working in Kashmir Valley
No. 18016/4/2012-Estt.(L)Government of IndiaMinistry of Personnel, P.G. & PensionsDepartment of Personnel & TrainingNew Delhi, the 14th December, 2012OFFICE MEMORANDUMSubject:- Special concessions/facilities to Central Government Employees working in Kashmir Valley in attached subordinate offices or PSUs falling under the control of Central Government-Clarification.The undersigned is directed to refer to DOPT OM No. 18016/3/2011-Estt.(L) dated 27.6.2012 extending the Special concession/facilities to Central Government Employees working in Kashmir Valley in attached/ subordinate offices or PSUs falling under the control or Central Government for the period with effect from 1.1.2012 to 31.12.2012 and to say that this Department has been receiving references seeking clarifications. The doubts raised are clarified as under:-1. Whether those employees who are posted in Kashmir Valley (comprising of 10 districts) are eligible to draw HRA at the rate of 30% for the period of posting when they are transferred from Delhi or any other ‘X’ class city?
As regards to quantum of additional HRA, it is clarified that applicability of above referred OM is not linked to previous place of posting where the officer posted to Kashmir Valley chooses to retain his family nor it is linked to any other place where he chooses to move his family. It is uniformly admissible @ of HRA applicable for Class ‘Y’ city only for employees who exercise the option to move their families to a selected place of their choice in India.2 Whether it is applicable for those staff also who have been appointed on Zonal basis in Kashmir Valley and do not have all India transfer liability?
The package of special concession for Central Government employees working in Kashmir Valley confirms its uniform applicability to all Central Government employees without making any distinction as regards their mode of appointment i.e. whether it is on Zonal basis or whether such appointment entails all India posting liability or whether such duty posts are in non-family stations. As such, special concession is available to all Central Government employees/PSU under the Government of India posted in Kashmir Valley.
2. Hindi version will follow.sd/-(S. G. Mulchandaney)Under Secretary to Govt. of India
Special concessions/facilities to Central Government Employees working in Kashmir Valley in attached / subordinate offices or PSUs falling under the control of Central Government-original order
Text of DOPT O.M.No: No. 18016/3/2010-Estt. (I) dated 28.12.2010
No. 18016/3/2010-Estt. (I)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)
North Block, New Delhi.
Dated, the 28th December, 2010
Sub: Special concessions/facilities to Central Government Employees working in Kashmir Valley in attached / subordinate offices or PSUs falling under the control of Central Government.
The undersigned is directed to refer to this Department of even Number dated 15.3.2010 extending the Special concessions / facilities to Central Government Employees working in Kashmir Valley in attached / subordinate offices or PSUs falling under the control or Central Government, for the period with effect from 1.1.2010 to 3 1.12.2010 and to say that the Annexure attached with the OM stands partially modified to include the Notes. The Annexure as modified is attached herewith.
(Simmi R. Nakra)
All Ministries/Departments of the Government of India. (As per standard mailing list)
Details of package of Concession/Facilities to Central Government employees working in Kashmir Valley in Attached/Subordinate Offices or PSUs falling under the control of Central Government:-
I. Additional H.R.A. and other concessions:
(A) Employees posted to Kashmir Valley
(i) These employees have an option to move their families to a selected place of their choice in India at Government expense. T.A. for the families allowed as admissible in permanent transfer inclusive of transportation of personal effects, lump-sum payment for packing etc.
(ii) Departmental arrangements for stay, security and transportation to place of work for employees.
(iii) HRA as for Class ‘A’ city applicable for employees exercising option at (i). Such employees will be eligible for drawing the normal HRA as well at their place of posting provided Departmental arrangement is not made for his/her stay.
(iv) The period of temporary duty extended to six months. For period of temporary duty daily allowance at full rate is admissible, apart from departmental arrangements for stay, security and transportation.
(B) Employees posted to Kashmir Valley who do not wish to move their
families to a selected place of residence; A per diem allowance of Rs. 10/- is paid for each day of attendance to compensate for any additional expense in transportation to and from office etc. This will be in addition to the transport allowance, which the employee is otherwise eligible for under Ministry of Finance order No. 21(2)/2008-E.II(B) dated 29.8.1008.
II. MESSING FACILITIES:
Messing Allowance to be paid to the employees at a uniform rate of Rs.15/- per day by all Departments, or in lieu messing arrangements to be made by the Departments themselves. This rate of allowance will have to be adhered to uniformly by all the Ministries/Departments with effect from 01.07.1999. The slightly higher rate of Rs. 25.50 adopted by the Department of Telecom and Posts and allowed to be continued as a special case by the Department of Personnel in consultation with the Ministry of Finance, would, however, continue to be paid at the said rate.
III. ADJUSTMENT OF MIGRANT EMPLOYEES:
As a purely temporary measure, the employees migrated from the Kashmir Valley are accommodated to the extent possible in the available vacancies under the respective Ministries/Departments in offices located outside but adjacent to the union Territory of Delhi.
IV. PAYMENT OF LEAVE SALARY / AD-HOC FINANCIAL ASSISTANCE:
Arrangements were made for payment of leave salary for the period upto 30′ April, 1990 in respect of employees who may not have received their emoluments after migration. Such employees were allowed to be given either leave salary at the minimum of the scale or some adhoc financial assistance as an advance to be adjusted from their dues after they join duty. Further the migrant employees who were unable to join their respective places of posting in the Valley due to the prevailing circumstances, were extended this facility till they were adjusted in accordance with (iii) above.
V. REGULARISATION OF THE PERIOD OF ABSENCE OF J&K MIGRANT EMPLOYEES:
In August, 1992, it was decided that the period of migration of a Central Government employee, who migrated from Kashmir Valley in view of the disturbed conditions would be treated as Earned leave to the extent which may have been due to him on the date of proceeding for migration. However, the position was reviewed by the Ministry of Personnel in April, 1997 and if was decided that the Earned Leave which was at the credit of the Central Government migrant employee at the time of migration will not be adjusted against the migration period, but will remain available for the purpose of leave encashment on the date of their retirement in respect of the employees who had already retired or would retire in future. The period of absence would however count in the service for the purpose of pension, but shall not count for earning any kind of leave. During the period of absence, a migrant employee is entitled to his pay (excluding special pay and local allowances) dearness allowance, which he would have been otherwise paid from time to time including benefit of increment had he reported for duty immediately after expiry of his Earned leave.
VI. PAYMENT OF MONTHLY PENSION TO PENSIONERS OF KASHMIR VALLEY:
Pensioners of Kashmir Valley who are unable to draw their monthly pensions through either Public Sector Banks or PA0 treasuries from which they were receiving their pensions, would be given pensions outside the Valley where they have settled, in relaxation of relevant provisions.
NOTE:- I. The package of concession/facilities shall be admissible in Kashmir Valley comprising of six districts, namely Ananhag, Baramulla, Budgam, Kupwara, Pulwama and Srinagar.
2. The package of concession/facilities shall be admissible to Temporary Status Casual labourers working in Kashmir Valley in terms of para 5(i) of the Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India. 1993.
3. The benefit of additional HRA admissible under the Kashmir Valley package shall be admissible to all Central Government employees posted to Kashmir Valley irrespective of whether they are natives of Kashmir Valley, if they choose to move their families anywhere in India subject to the conditions governing the grant of these allowances.
4. The facilities of Messing Allowance and Per Diem allowance shall also be allowed to natives of Kashmir Valley in terms of the Kashmir Valley package.