Casual workers were also entitled to Paid maternity leave: HC - Chennai

The Madras High Court judge said that as per Section 5(2) of the Maternity Act, women employees who had rendered more than 80 days of service during 12 months immediately precedingthe date of expected child delivery were entitled to 12 weeks of maternity leave with wages.

Chennai, Jan 03, 2012. (PTI) :  Stating that casual workers were also entitled to three-month’s paidmaternity leave if they had worked for 80 days in 12 months preceding child birth, the Madras High Court today told the state government to regularise services of a woman who was denied leave and job byauthorities.

Passing orders on a writ petition filed by L Kannaki, who was denied maternity leave, not allowed to re-join duty and then refused regularisation of her job, Justice D Hariparanthaman said “Kannaki was unjustly denied maternity leave and employment when she reported to duty after delivery. The action of the authorities is totally illegal.”

The woman was working as a casual labourer at Exotic Cattle Breeding Farm under the Department of Animal Husbandry in Thanjavur district since 1988. Since 1993 the government had regularised services of hundreds of casual labourers there.

When in 1996 Kannaki became pregnant and requested for maternity leave, officials told her that she was not entitled for maternity leave being a casual worker. After her child was born in September 1996, she reported for duty. Theauthorities, however, refused to provide her employment. 

She kept sending several requests and reminders seeking reinstatement and regularization of her services.

In 1999 though the Tamil Nadu Administrative Tribunal directed the department to reconsider its decision to deny her employment, her claim for reinstatement and regularization was rejected in an August 23, 2000 order.

Citing legal precedents supporting claims of Kannaki and slamming theauthorities for their abject refusal, the judge said that as per Section 5(2) of the Maternity Act, women employees who had rendered more than 80 days of service during 12 months immediately preceding the date of expected child delivery were entitled to 12 weeks of maternity leave with wages.

Rejecting the claim that if a job break was over 90 days, a casual employee could not be reinstated without consulting the employment exchange, the judge said the break in service was due to pregnancy and it had been proved by certificates and documents to prove that she delivered a male baby in September 1996.

The court directed the department to reinstate Kannaki within two months and regularise her job, besides paying her all monetary benefits from the date of regularisation. 

Suurce : http://tkbsen.com/

GUIDELINES / CRITERIA FOR REIMBURSEMENT OF EXPENSES FOR IN-VITRO FERTILISATION (IVF) TREATMENT TO CGHS BENEFICIARIES AND BENEFICIARIES UNDER CENTRAL SERVICES (MEDICAL ATTENDANCE) RULES. 1944 Government of India

Government of India

Ministry of Health and Family Welfare

Department of Health & Family Welfare

Nirman Bhawan, New Delhi 110 108

No: Z.15025/5/201 1-CGHS III/CGHS (P)  Dated, 2 November, 2011

OFFICE MEMORANDUM

Subject: Guidelines / Criteria for reimbursement of expenses for In-Vitro Fertilisation (IVF) treatment to CGHS beneficiaries and beneficiaries under Central Services (Medical Attendance) Rules. 1944.

            The undersigned is directed to say that the Ministry of Health & Family Welfare has been receiving requests for providing clarifications as to whether the expenditure incurred on In-Vitro Fertilisation ((IVF) treatment is admissible under CGHS, and if so. whether any guidelines have been laid down for reimbursement of the expenses incurred on IVF treatment.

            (2) The matter has been examined by a Technical Committee of the Heads of Department of Gynaecology & Obstetrics of Government Medical institutions, and based on the recommendations of the Committee, the following guidelines are laid down for considering cases for reimbursement of expenses incurred on IVF treatment by CGHS beneficiaries and beneficiaries under Central Services (Medical Attendance) Rules, 1944:-

(I) Requests for IVF treatment will be considered only on the basis of advice tendered by the Head of Department of Gynaecology & Obstetrics of a Government Medical institution;

            (ii) Permission for IVF treatment to be undertaken may be given by the Head of Department in the Ministries / Departments on the recommendations of the Head of Department of Gynaecology & Obstetrics of a Government Medical institution;

            (iii) IVF procedure will be allowed in a Government Medical institution on the recommendations of the Head of Department of Gynaecology & Obstetrics of a Government Medical institution;

(iv)      IVF procedure may be allowed, on a case to case basis, in a private medical institution if the Institution is registered with the State / Central Government and has the necessary facilities including equipment and trained man power for carrying out the procedure. It is, however, mandatory to obtain the recommendations of the Head of Department of Gynaecology & Obstetrics of a Government Medical institution for permitting the procedure to be undertaken in a private institution;

(V)       There should be clear evidence of failure of conventional treatment before permitting IVF treatment procedure;

(vi)      The age of women undergoing IVF treatment procedure should be between 21 and 39 years

(vii)     The woman has to be married and living with her husband;

(viii)    The IVF treatment procedure will be allowed only in cases of infertility where the couple has no living issue

(ix)      Reimbursement of expenditure incurred on IVF procedure will be allowed upto a maximum of 3 (three) fresh cycles;

(X)       An amount not exceeding Rs.65,000/- (Rupees sixty five thousand only) per cycle or the actual cost, whichever is lower, will be allowed for reimbursement. This amount will be inclusive of the cost of drugs and disposables and monitoring cost during IVF procedures;

(x         i) As IVF treatment is a planned procedure, reimbursement cases can be considered by the Ministries / Departments only if prior approval was obtained by the beneficiary for undergoing the IVF treatment.

(xii)     There will be a onetime permission for availing IVF treatment consisting of three cycles in total, which would be admissible to the beneficiary. The concerned Ministry / Department shall obtain an undertaking from the applicant that he / she has not claimed the reimbursement earlier from the Government of India in the past and will not claim it in the future.

            These guidelines come into force from the date of issue of the Office Memorandum and reimbursement cases of IVF treatment undertaken after the issue of the Office Memorandum only can be considered by the Ministries / Departments.

4. This issues with the concurrence of Integrated Finance Division in the Ministry of Health & Family Welfare, vide Dy. No.C.1747/IFD (Health)/2011 dated the 21stNovember,October, 2011

sd/-

[V.P. Singh]

Deputy Secretary to the Government of India

EXPANSION OF PREVENTIVE HEALTH CHECK UP PROJECT IN CGHS DELHI

Government of India

Ministry of Health and Family Welfare

Department of Health and Family Welfare

Nirman Bhawan, New Delhi-110108

No. 11-25/2009-CGHS/SZ/CGHS(P)

Date: 22nd December, 2011

OFFICE MEMORANDUM

Sub: Expansion of Preventive Health Check up Project in CGHS Delhi.

            A Pilot Project was initiated for Preventive Health Checkup at CGHS Wellness Centre R. K. Puram-V, New Delhi in the year 2010-11. On the basis of the feedback received and also keeping in view of the importance of Diagnosis of Chronic Non-communicable Health Problems at the preventive level, it has been decided to expand the project to other dispensaries of CGHS Delhi-NCR. 8 Wellness Centres have been identified in order to initiate the project activity which will cover the whole of CGHS Delhi as referral centres on zonal basis. The dispensaries are as follows-

1. CGHS Wellness Centre, R.K. Puram-V(South Zone)

2. CGHS Wellness Centre, Sadiq Nagar (South Zone)

3. CGHS Wellness Center, Chanakya Puri (Central Zone)

4. CGHS Wellness Centre. Pandara Road (Central Zone)

5. CGHS Wellness Centre. Janakpuri-I(North Zone)

6. CGHS Wellness Centre. Shalimar Bagh(North Zone)

7. CGHS Wellness Centre, Kingsway Camp (East Zone)

8. CGHS Wellness Centre, Ghaziabad (East Zone)

      The beneficiaries of the same zone may be referred to the two project centres for Preventive Health Checkup depending upon the laid down criteria.

      The beneficiaries above the age of 40 years are to be covered under this project. The beneficiaries' referral has to be done on-line through the In-charge module. The service beneficiaries should be issued a referral slip for further reimbursement at their own offices Serving beneficiaries will not require any permission from their respective offices/departments for this purpose once they are referred by their respective CMO I/c to undergo Preventive Health Check up. Reimbursement would be done as per the package rate of Rs. 790/- for man and Rs.875/- for woman beneficiary. Pensioner beneficiaries would be provided cashless facilities M/s Hindlabs (a unit of HLL Lifecare Ltd.). the service provider, would raise bills in respect of the preventive health check up scheme, directly to the Additional Director CGHS of the concerned zone.

      Initially the project will operate on two days a week at every project centre (dispensary) which may be extended depending on the response received. It is decided to conduct Preventive Health Check up on 50 beneficiaries in a day at every project centre M/s Hindlabs will conduct laboratory and E.C.G. investigation as per package for this Preventive Health Checkup. It will setup collection centres at 8 earmarked dispensaries along with facility for E.C.G.

      There will be arrangement for proper health education by means of Audio Visual and IEC materials at these project centres which will be supplementary to the clinical and laboratory investigations under this project.

CMO I/c of the Wellness Centres along with the In-charge of the project centres will maintain proper record of the activities for further evaluation of the project in future.

      This project will start functioning w.e.f. 1st January, 2012.

      All the CMO I/c of Wellness Centres are requested to take note of the new facility that has become available and to give wide publicity to the same in their Wellness Centres for the benefit of CGHS beneficiaries registered with them and refer the interested beneficiaries to the Preventive Health Checkup centres.

      All Ministries/Departments are also requested to publicize this facility among their staff members and note that the expenditure incurred by the serving beneficiaries is to be reimbursed as per the package rate of Rs. 790/- and 875/- for man and woman beneficiary respectively for the purpose of Preventive Health Checkup. Any further information if required may be obtained from CMO Project at Office of the Additional Director, CGHS (HO), New Delhi.

sd/-

(V.P.SINGH)

Deputy Secretary to the Government of India

 Source: www.msotransparent.nic.in/

ESI Centres in India

There are 790 ESI Centres in the country including Madhya Pradesh. 

The availability of medical equipments and medicines in ESI Hospitals in the country is generally satisfactory. However, there are vacancies of doctors in ESI Hospitals. There are no separate sanctioned posts of lady doctors. 

Employees’ State Insurance Corporation (ESIC) has taken several steps for revamping and modernization of ESI Hospitals and dispensaries to provide better health services. The various steps taken are as under: 

1. Hospital Development Committees have been constituted in all ESI Hospitals and have been given adequate administrative and financial powers for taking decisions for improvement in medical care facilities. 

2. ESIC has under taken modernization & upgradation of hospitals and providing modern equipments for diagnostic and clinical services. 

3. To facilitate early sanction of equipments for hospitals, Senior State Medical Commissioners/State Medical Commissioners, ESIC at State level have been delegated powers to sanction equipments up to Rs.25 lacs per unit. 

4. For ensuring regular supply of medicines, ESIC formulates rate contracts for allopathic and Ayurvedic drugs and the same are sent to all the State Government for procurement of medicines. 

5. ESI Corporation is grading its hospitals and dispensaries by reputed organizations. Further action has been initiated for getting ISO certification in respect of hospitals and dispensaries. 

6. The expenditure on super specialty treatment is totally borne by ESI Corporation outside the ceiling since 01.08.2008 and ESIC has entered into tie up arrangement with reputed Government/private hospitals for super-specialty services and is providing cashless and hassle-free services to the ESI beneficiaries. 

7. Besides, ESI Corporation has under taken a project for starting medical colleges, nursing colleges, dental colleges and training school for other para medical staff in ESIC /ESI Hospitals. 

8. ESIC has appointed part-time specialist/super specialists directly in State ESI Hospitals to ensure that proper services are available to ESI beneficiaries. The total expenditure on this is borne by ESI Corporation. ESI Corporation is already running one 50-bedded hospital in Ujjain along with 2 dispensaries and one Branch Office. 

This information was given by the Minister of Labour and Employment Shri Mallikarjun Kharge in reply in reply to a written question in the Lok Sabha today. 



Source : PIB dtd 19/12/2011

Your Home Loan Guide & Documents and Eligibility

While applying for a home loan, you need to keep in mind some general conditions pertaining to determination of eligibility and the documentation requirements, in order to expedite the loan process. The specific requirements may vary between different banks, depending on the purpose of the loan, amount required, tenure etc. 

HOME LOANS ARE AVAILABLE TO: 

Individuals: Both salaried and self-employed sole proprietorships partnerships limited companies 

THE LOAN AMOUNT DEPENDS ON THESE FACTORS: 

Applicant: It depends on who the applicant is – individual or firm. 

Value of property: Banks finance 60-85 % of the agreement's value of the property. If you are purchasing a flat for Rs 40 lakhs but the agreement value is only Rs 25 lakhs, you will get finance up to a maximum of Rs 15.30 lakhs (85% of Rs 25 lakhs). The difference between the agreement value and the value you pay may be on account of legal charges, stamp duty, valuation etc. 

Age of applicant: The minimum stipulated age of a borrower is 22-25 years and the maximum age varies between 58-65 years. The maximum age is the age at the expiry of the loan. If your age is 45 years and the maximum age fixed by the bank is 60 years, you can get a loan for a tenure of 15 years only. 

Income: The income determines the repaying capability of an applicant. If the income is lower than the required income to service the instalments, a co-applicant can be added. The income considered in such a case will be of both parties, the applicant and co-applicant . 

Purpose of loan: The purpose of the loan may be to buy a plot, property, under-construction property, renovation of property, or building a home. Once a property has been identified, you can approach a bank with a loan application. 

THESE DOCUMENTS NEED TO BE SUBMITTED BY ALL HOME LOAN APPLICANTS: 

Application form filled in Processing fee (may be fixed or a percentage of the loan amount) Photographs of the applicant and co-applicant 

Income proofs: In case of a salaried individual: Employment form issued by employer Copies of pay slips of the last few months Latest Form 16 issued by employer Bank statements Identity and address proofs 

In case of a self-employed individual: A brief note on the nature of business, year of establishment, present bankers, form of organization and the capacity in which the applicant is engaged Statement of total income, income tax assessment orders, and returns for the last few years Balance sheet and profit and loss account for the last few years Copy of partnership deed if it is a partnership firm, or copy of memorandum of association and articles of association if it is a company 

Other documents that may be required 

Net worth statement of applicant and coapplicant 

Copies of LIC policies 

Particulars of family members in the prescribed format – name, age, relationship , occupation, income Particulars of guarantor in the prescribed format with proof of income These documents need to be submitted in respect of property to be purchased: Original agreement with the developer Certified copy of approved plan Copies of receipts of payments made to developer Certified copies of all documents pertaining to the property.

Source: Economic Times

Courtesy : http://www.investmentkit.com

More clarifications on CHILDREN EDUCATION ALLOWANCE SCHEME (CEA) by DOPT

Department of Personnel and Training once again published the detailed clarification as Frequently Asked Question on CHILDREN EDUCATION ALLOWANCE SCHEME (CEA)…

Frequently Asked Question

S.No.	Question	Answer
CHILDREN EDUCATION ALLOWANCE (CEA)
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?	As per OM No.12011/03/2008-Estt.(AL) dated 11.11.2008, 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 case of two eldest surviving children 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 fees 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.1211/03/2008-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 the 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 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 by 25% as a result of enhancement of Dearness Allowances beyond 50%?	This Department’s OM No. 12011/03/ 2008-Estt.(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 D A by 50%. However, O.M. No. 12011/01/2011-Estt.(Allowance) dated 4th May, 2011, has been issued to clarify this further.
4.	Whether CEA can be claimed for the child for the same class twice?	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 mid- session, 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 of children admitted in nursery classes. However, with regard to physically challenged children the minimum age of 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 school/institution should be recognized?	The school/institution has to recognized by the Central or State Government or UT administration or by University or a recognized educational authority having jurisdiction over the area where the institution is situated.
9.	Whether CEA is payable for the children of Central Government employees and studying abroad, including children of citizens of Nepal/Bhutan but working in Government 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 Government of India, and whose children are studying abroad. However, a certificate may be obtained from the Indian Mission abroad that the school is recognized by the educational authority having jurisdiction over the area where  the  institution  is  situated.

Courtesy : http://cgstaffnews.com

Last date to avail the relaxation of travel by air on LTC to visit Jammu&Kashmir is 17.6.2012

Last date to avail the relaxation of travel by air on LTC to visit Jammu&Kashmir
 

The fantastic opportunity to travel by air with family members to visit Jammu&Kashmir will be ended on 17.6.2012 and the relaxation to travel by air with family members to visit North East Region area to avail upto 30.4.2012 only. There is no confirmation to further extension of the relaxation to travel by air to Jammu&Kashmir and NER to Central Government serving employees.

The orders has been issued by Dopt from time to time regarding to travel on LTC by air Jammu&Kashmir and NER...

G.I., Dept. of Per. & Trg. O.M. No.31011/2/2001-Estt(A) dated 25th August, 2011

CCS(LTC) Rules, 1988-Relaxation for travel by air to visit J&K.

The undersigned is directed to refer to the 0M. of even number dated the 18.6.2010 and to state that the Ministry of Finance (Department of Expenditure) have clarified that the term ‘Entitled class” mentioned in para 1(u) of the above quoted O.M.refers to “Economy class” only. All LTC claims for travel by air may accordingly be restricted to LTC80 Economy class air fare of Air India from the date of issue of this Office Memorandum.

2. Past cases already settled will not be re-opened.

G.I., Dept. of Per. & Trg. O.M. No.31011/2/2003-Estt.(A), dated the 5thAugust, 2010

Regulation of journeys by private airlines while availing Leave Travel Concession to Jammu & Kashmir.

After issue of DOPT O.M. No.31011/2/2003-estt.(A) dated 18/6/2010 regarding relaxation for travel by air to visit J&K, clarifications have been sought by Government servants/various Ministries/Departments from time to time. The doubts raised by various authorities have now been clarified by Ministry of Finance (Department of Expenditure) as under:-

Point raised
1.Whether entitled officers can travel by Private airlines to J&K ? Clarification
Yes. Travel by private airlines is available to all the categories of Government employees including those entitled in travel by Air. Point raised 
2.Whether the restriction of LTC 80 fare of Air India will apply in these cases ? Clarification 
LTC 80 fare would apply to all cases including those entitled to travel by air irrespective of their airlines.

3.This issues in consultation with Ministry of Finance (Department of Expenditure) vide their I.D. No.821838/SO-E.IV/2010 dated 3rd August, 2010

G.I., Dept. of Per. & Trg. O.M. No. 31011/2/2003-Estt. (A-IV), dated the 18th June, 2010

CCS (LTC) Rules, 1988 – Relaxation for travel by air to visit J&K

The undersigned is directed to say that in relaxation of CCS(LTC) Rules. 1988, it has been decided by the Government to permit Government employees to travel by air to J&K as per the following scheme:-

(i) All officers/employees of Government of India will be allowed to avail LTC to visit J&K against conversion of one block of their Home Town LTC.

(ii) Officers/employees of Government of India entitled to travel by air can avail this LTC in their entitled class.

(iii) All other employees of Government of India can travel by air in economy class from Delhi and Amritsar to any place in J&K by any airlines subject to their entitlement being limited to LTC-80 fares of Air India. Journey from their place of posting up to Delhi/Amritsar will have to be undertaken as per their entitlement.

(iv) Restriction of air travel only by Air India on LTC to other places shall continue to remain in force.

(v) This scheme shall be effective from the date of issuance.

2. These orders shall be in operation for a period of two years from the date of issue of this O.M.

3. In their application to the staff serving in the Indian audit and Accounts Department, these orders issue on consultation with comptroller and Auditor General of India.