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Saturday 28 November 2015

Railway Board has passed orders that Whenever the services of a public servant are no longer useful to the general administration, the officer canbe compulsorily retired for the sake of public interest.


GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. E(P&A)I-2015/RT -38

RBE No.143/2015
New Delhi dated 10/12.-11-2015

The General Managers,
All Indian Railways.

Sub:- Strengthening of Administration – Premature retirement of Railway servants- Periodical review under rule 1802 (a)/1803 (a)/1804 (a)- R. II, 1987 edition – Regarding.

******

DOP&T vide their OM No. 25013/1/2013-Estt (A) dated 21.03.2014 and 25013/01/2013-Estt.A-IV dated 11.09.2015 have reiterated the instructions on Compulsory Retirement under FR 56(i), 56(1) or Rule 48(1) (b) of CCS (Pension) Rules, 1972 with a view to improve efficiency and strengthening of the administrative machinery at all levels. They have asked to follow these instructions strictly and to review the performance of Govt. servants periodically with a view to ascertain whether the Government servant should be retained in service or retired from service in the public interest. Provisions in this regard are contained in FR 56(i), 56(1) or Rule 48(1) (b) of CCS (Pension) Rules, 1972. The corresponding rules in railways are Rule 1802 (a)/1803 (a)/1804 (a) of IREC, Voi-II, 1987 edition.
2. DOP& T has also drawn attention to the observation made by Hon’ble Supreme Court in State of Gujarat Vs Umedbhai M. Patel, 2001 (3) SCC 314, which are as follows:
(i) Whenever the services of a public servant are no longer useful to the general administration, the officer can be compulsorily retired for the sake of public interest.
(ii) Ordinarily, the order of compulsory retirement is not to be treated as a punishment coming under Article 311 of the Constitution.
(iii) “For better administration, it is necessary to chop off dead wood, but the order of compulsorily retirement can be passed after having due regard to the entire service record of the officers.”
(iv) Any adverse entries made in the confidential record shall be taken note of and be given due weightage in passing such order.
(v) Even un-communicated entries in the confidential record can also be taken into consideration.
(vi) The order of compulsory retirement shall not be passed as a short cut to avoid Departmental enquiry when such course is more desirable.
(vii) If the officer was given a promotion despite adverse entries made in the confidential record, that is a fact in favour of the officer,
(viii) Compulsory retirement shall not be imposed as a punitive measure.
3. In order to ensure that the power, conferred on the authorities empowered to retire a railway employee prematurely is exercised fairly and impartially and not arbitrarily, consolidated instructions relating to premature retirement of railway servants with a view to strengthening of administration were issued under the Board’s letter No. E(P&A)I-77 /RT-53 dated 15.11.1979. These guidelines have, however, not been adequately followed by the Appointing Authorities. With the Government’s commitment to provide clean administration, it is essential that the
power for premature retirement in public interest is availed of to weed out all those employees whose integrity is doubtful, with due regard to the appropriate procedure laid down for action for premature retirement.
4. The entire service records should be considered in every review. Here Service record will take in all relevant records viz. ACR/ APAR dossier along with personal file of the officer containing valuable material. Similarly, the work and performance of the officer could also be assessed by looking into files dealt with by him or in any papers or reports prepared and submitted by him. All these data along with a comprehensive brief should be prepared for consideration by the Review Committee.
Even un-communicated remarks in the ACRs/ APARs may be taken into consideration also. In case of those officers who have been promoted during the last five years, the previous entries in the ACRs may be taken into account if the officer was promoted on the basis of seniority cum fitness, and not on the basis of merit.
5. As far as integrity is considered, the following observations of the Hon’ble Supreme Court, while upholding compulsory retirement in the case of S. Ramachandra Raju Vs State of Orissa, may be kept in view:-
“The officer would live by reputation built around him. In an appropriate case, there may not be sufficient evidence to take punitive disciplinary action of removal from service. But his conduct and reputation is such that his continuance in services would be a menace to public service and injurious to public interest.” Thus while considering integrity of an employee, actions or decisions taken by the employee which do not appear to be above board, complaints received against him, or suspicious property transactions, for which there may not be sufficient evidence
to initiate departmental proceedings, may be taken into account. Judgment of the Apex Court in the case of Shri K. Kandaswamy, I.P.S (TN:1966) in K. Kandaswamy vs Union Of India & Anr, 1996 AIR 277, 1995 SCC (6) 162 is relevant here. There were persistent reports of Shri Kandaswamy acquiring large assets and of his getting money from his subordinates. He also indulged in property transactions which gave rise to suspicion about his bonafides. The Hon’ble Supreme Court upheld his compulsory retirement under provisions of the relevant Rules.

6. Similarly, reports of conduct unbecoming of a Government servant may also form basis for compulsory retirement. As per the Hon’ble Supreme Court in State of U.P And Others vs Vijay Kumar Jain, Appeal (Civil) 2083 of 2002:-
“If conduct of a government employee becomes unbecoming to the public interest or obstructs the efficiency in public services, the government has an absolute right to compulsorily retire such an employee in public interest.”

7. Further I eva in the case of gazetted officers, or his representative in the’ case of non-gazetted officers, will be associated in case of record reflecting adversely on the integrity of any employee.
8. In addition to above, internal committees may be constituted to assist the Review Committees in reviewing the cases. These Committees will ensure that the service record of the employees being reviewed, along with a summary bringing out all relevant information, is submitted to the Cadre Authorities at least three months before the due date of review.
9. In view of DOP&Ts present guidelines, the Board’s letters No. E(P&A)I-77/RT-53 dated 15.11.1979 and E(P&A)I-87 /RT-4 dated 17.10.89 containing the provisions on Premature Retirement under Rule 1802 (a)/1803(a)/1804(a) – IREC, Voi-II, 1987 edition are enclosed for guidance. In addition to this, instructions issued by Board from time to time on the subject may also be linked while deciding such matters. Further, all Zonal railways are requested to follow the above instructions and periodically review the cases of railway servants as required under Rule 1802
(a)/1803(a)/1804(a) – IREC, Vol. II, 1987 edition. The quarterly data in enclosed proforma in respect of reviewing the cases of retirement under the aforesaid provisions during the period from 01.04.2014 to 31.03.2015 may be furnished immediately.
10. As per the latest guidelines of DOP&Ts OM dated 21.03.2014, para II 3 (c) & (d) of the Board’s enclosed letter dated 15.11.1979 should be read as under:
“(c) While the entire service record of an officer should be considered at the time of review, no employee should ordinarily be retired on grounds of ineffectiveness if his/her service during the preceding 5 years or where he/she has been promoted to a higher post during that 5 year period, his/her service in the highest post, has been found satisfactory. Consideration is ordinarily to be confined to the preceding 5 years or to the period in the higher post in case of promotion within the period of 5 years, if compulsory retirement is sought to be made on grounds of ineffectiveness. There is no such stipulation, however where the employees is to be retired on grounds of doubtful integrity.”
“(d) No employee should ordinarily be retired on ground of ineffectiveness, if, in any event, he/she would be retiring on superannuation within a period of one year from the date of consideration of his/her case. Ordinarily no employee should be retired on grounds of ineffectiveness if he is retiring on superannuation within a period of one year from the date of consideration of the case. It is clarified that in a case where there is a sudden and steep fall in the competence, efficiency or effectiveness of an officer, it would be open to review his case for premature retirement.
The above instruction is relevant only when an employee is proposed to be retired on the ground of ineffectiveness, but not on the ground of doubtful integrity. The damage to public interest could be marginal if an old employee, in the last year of service, is found ineffective; but the damage may be incalculable if he is found to be corrupt and demands or obtains illegal gratification during the said period for the tasks he is duty bound to perform.”
11. The first sentence of para 4 of Board’s letter dated 15.11.1979 should be added as under:
“The Supreme Court had not only upheld the validity of FR 56(j) but also held that no show-cause notice need be issued to any Government servant before a notice of retirement is issued to him under the aforesaid provisions.”
12. Kindly acknowledge the receipt.

-sd-
(Anil Kumar)
Deputy Director E(P&A)I, Railway Board.

Friday 27 November 2015

STRIKE on DECEMBER 1st & 2nd , 2015 DEFERRED

DECEMBER 1st & 2nd , 2015 STRIKE DEFERRED   

SECRETARY GENERAL AND ALL GENERAL SECRETARIES OF NFPE & AIPEU GDS (NFPE) WILL SIT ON TWO DAYS HUNGER FAST INFRONT OF DAK BHAWAN, NEW DELHI ON 1st & 2nd DECEMBER 2015.

ONE DAY MASS HUNGER FAST IN FRONT OF ALL CPMG / PMG & DIVISIONAL OFFICES ON 11th DECEMBER 2015.

TO EXPRESS OUR ANGER, RESENTMENT AND STRONG PROTEST AGAINST THE REJECTION OF THE LEGITIMATE DEMANDS OF THREE LAKHS GRAMIN DAK SEVAKS BY THE NDA GOVT.

The Federal Secretariat of NFPE held at NFPE Office, New Delhi on 26-11-2015, reviewed the whole situation prevailing among the postal employees in general and the Gramin Dak Sevaks (GDS) in particular after the submission of the 7th Central Pay Commission Report to the Govt and also after the appointment of a separate committee for GDS by the Govt, headed by a retired Postal Board Member as Chairman.

The Federal Secretariat  further reviewed the proposed two days strike call given by NFPE and AIPEU GDS (NFPE) for realization of the legitimate demands of the Gramin Dak Sevaks, which  include bringing the GDS also under the purview of 7th CPC treating them as Civil Servants.

The main demand of NFPE and AIPEU GDS (NFPE) in the charter of demands submitted to Govt and Postal Board is “inclusion of GDS under the purview of 7th CPC”. NFPE organized series of agitational programmes for the GDS demands including dharnas, hunger fast, GDS Parliament March, Parliament March under the banner of Postal JCA (NFPE & FNPO), one day strike on 12thDecember 2012 and 48 hours strike on 12th & 13th February 2014. Due to our agitational programmes the Postal Board was compelled to submit the proposal for inclusion of GDS under 7th CPC to Finance Ministry with favourable recommendations. But the Finance Ministry rejected the proposal three times and it is in this background NFPE & AIPEU GDS (NFPE) decided to go for two days strike on December 1st & 2nd demanding the Govt to include GDS under the 7th Pay Commission.

Even though the Govt refused to include the GDS under the 7th CPC, the 7th CPC has suo moto examined the main demand of the GDS ie., treating them as Civil Servants and extending them all the benefits of the departmental employees, ofcourse proportionately. It is most unfortunate that the Pay Commission headed by a retired Supreme Court Justice as Chairman, has considered our demand and categorically stated that Gramin Dak Sevaks are holders of Civil Posts but outside the regular civil service and hence can not be treated at par with other civilian employees. After this observation of the Seventh CPC even if the GDS are included in the 7th CPC they are not going to get a fair deal. This has compelled us to modify the demand placed by us before the Govt in the charter of demands.


NFPE, from the very beginning has opposed the appointment of an Officer Committee for GDS and NFPE & AIPEU GDS (NFPE) has tried their best to prevent appointment of an Officer Committee and compelled the department to make effort for inclusion of GDS under 7th CPC itself. But now NDA Govt rejected our demand and has unilaterally appointed GDS Committee with a retired Postal Board Member as Chairman and cheated three lakh GDS employees. From our past experiences we know that the retired officers of the Postal Department will never do justice to the Gramin Dak Sevaks.

In view of the fact that 7th CPC has rejected our demand for Civil Servant status and also the Govt has unilaterally imposed the officer committee on GDS, the Federal Secretariat felt that it is not appropriate to go for an immediate strike with the demands raised by us in the charter of demands, i.e., inclusion of GDS under 7th CPC. Now GDS can get justice only if NDA Govt take a policy decision to regularize the services of GDS treating them as Civil Servants. Federal Secretariat is fully aware that we can not expect such a decision from the present NDA Govt and it requires change in the policy of the Government towards GDS. To make a change in the policy decision of the Govt., a bigger mobilization and strike of all postal employees including GDS with the active support and solidarity of other central Govt employees under the banner of Confederation of Central Govt Employees and workers and also the JCM National Council Staffside organizations is required.

The Federal Secretariat decided to explore all possibilities and wider consultations for such a united struggle. The Federal Secretariat felt that to pave way for wider consultations, the independent strike call of NFPE & AIPEU GDS (NFPE) need to be deferred and all likeminded organizations are to be brought under a common platform. Accordingly Federal Secretariat unanimously decided to defer the proposed two days strike scheduled to be held on 1st & 2ndDecember 2015.

The Secretary General and all General Secretaries of NFPE shall sit on two days hunger fast in front of Dak Bhawan, New Delhi on 1st & 2nd December 2015 expressing our strong protest to the Govt and also demanding regularization of Gramin Dak Sevaks by granting them civil servant status with all consequential benefits of regular employees.

The Federal Secretariat, while saluting the grass root level workers for their intensive campaign and preparation for the strike, calls upon them to organize one day hunger fast infront of all CPMG / PMG and Divisional Offices throughout the country on 11th December 2015 to ventilate our anger, resentment and strong protest against the callous and inhuman attitude of the NDA Govt towards three lakh Gramin Dak Sevaks who are the backbone of the Postal Department catering to the needs of the rural population of this country in postal sector.

Federal Executive of NFPE will meet shortly  to review the situation and shall decide future course of action.


=R.N.PARASHAR
SECRETARY GENERAL

Monday 23 November 2015

Meetings with the VII CPC and the Cabinet Secretary – resentment conveyed to Govt. of India by the leaders of NCJCM


No.NC/JCM/2015                                                                                                                                      Dated: November 20, 2015
All Constituents of the
National Council(JCM)
Dear Comrades,
Sub: Meetings with the VII CPC and the Cabinet Secretary
Today I met the Chairman, VII CPC, Justice Shri Ashok Kumar Mathur, and expressed our anguish against retrograde recommendations of VII CPC, particularly reg. Minimum Wage, reduction in HRA and CCL, non-redressal of NPS, abolition of various allowances, examination of MACP benefit, etc. etc.
Tough he had given argument, but I told him about the anguish of all the constituents of the JCM(Staff Side), who feel that they have been betrayed by the VII CPC.
Comrades! I have also met the Cabinet Secretary, Shri P.K. Sinha, in the afternoon and handed him over a copy of the attached letter and requested him to convene meeting of the NC/JCM at an earliest as well as to intervene in the matters raised by the JCA in case of report of VII CPC at an earliest. The Cabinet Secretary has promised that he would try to fix the meeting at an earliest and also look into the points raised by the NC/JCM(Staff Side) for VII CPC.
With fraternal greetings!
sign secretary

Friday 20 November 2015

Pay Calculator based on 7th CPC Recommendation --



7th CPC Pay Calculator based on 7th CPC Recommendation

This helps you calculate the new salary based on the 7th CPC recommendations that was released on 19 Nov 2015.
Points to note while using this calculator:
1. Choose your appropriate Pay Band.
2. Choose your appropriate Grade Pay.
3. Enter your Basic Pay which should be your current (6th CPC) Grade Pay + Pay in the Pay Band.
4.Choose your appropriate HRA
5.Choose your appropriate TA(Click here)
6. New Entry Pay Salary will be slightly different/less if you are at pay Levels 3, 7 or 9. Please refer the 7th CPC fitment table.
We greatly appreciate your comments. In case of any errors, please add a comment so that we can rectify immediately.
DISCLAIMER: This only projects an approximate salary. Please refer the 7th CPC fitment table.

*

HOLD PROTEST DEMONSTRATIONS ALL OVER THE COUNTRY AGAINST WORST REPORT OF 7TH PAY COMMISSION

7TH PAY COMMISSION REPORT - WORST RECOMMENDATIONS EVER MADE BY ANY PREVIOUS PAY COMMISSION

MOST DISAPPOINTING AND RETROGRADE RECOMMENDATIONS
WORST RECOMMENDATIONS EVER MADE BY ANY PREVIOUS PAY COMMISSION

ONLY 14.29% INCREASE IN PAY AFTER 10 YEARS
(EQUAL TO TWO DA INSTALLMENTS)!!!

50 LAKHS CENTRAL GOVERNMENT EMPLOYEES AND DEFENCE PERSONNEL CHEATED & DECEIVED

HOLD PROTEST DEMONSTRATIONS ALL OVER THE COUNTRY







SUPLIMENTARY LGO RESULT OF WB CIRCLE
Click below



MORE INFORMATION REGARDING 7th PAY COMMISSION--------- it's a disappointing report to the employees of India

* HRA ON NEW PAY WILL BE 24%, 16% AND 8% INSTEAD OF PRESENT RATE OF 30%,20%, AND 10%.

*  TRAVELLING ALLOWANCE WITH NEW PAY --
                      PAY LEVEL                           CITY(30% HRA) AREA                   OTHER AREA 
                       9 AND ABOVE                               7200+ DA                                       3600+DA
                       3-8                                                    3600+DA                                        1800+DA
                       1-2                                                     1350+DA                                        900+ DA

*  POSTMASTER GRADE ( II & III) MAY PERMITTED TO APPEAR Sn.POSTMASTER EXAMINATION ALONG WITH IP OFFICIALS AGAINST 75% POSTS IN ADDITION TO THEIR RESERVED 25% POSTS.

*  RETIRED EMPLOYEES OF POSTAL DEPARTMENT WILL GET CGHS FACILITY AS OTHER CENTRAL GOVERNMENT EMPLOYEES.

*  NO LTC FOR FOREIGN COUNTRIES. 

*  IOP, ASP, SP POSTS WILL BE UPGRADED TO GP 4600/-, 4800/- AND 5400/- RESPECTIVELY.

*  NO SEPARATE CADRE FOR SYSTEM ASSISTANCE AND MARKETING EXECUTIVES.

*  FORMATION OF SEPARATE CADRE OF PO & RMS ACCOUNTANTS WILL BE DECIDED BY CADRE RESTRUCTURING COMMITTEE.

*  NEW LEAVE(WRIIL) IN CASE OF HOSPITALIZATION WILL BE INTRODUCED. FULL PAY FOR 6 MONTHS AND HALF PAY FOR 12 MONTHS BEYOND THAT  MAY BE ADMISIBLE.       

Thursday 19 November 2015

HIGHLIGHTS OF 7TH PAY COMMISSION REPORT - COMPLETE REPORT IS ALREADY GIVEN THIS WEB PAGE

* NEW PAY WILL COME EFFECT FROM 1-1-16
* MINIMUM PAY Rs 18000/-
* FITMENT FORMULA- 2.57
*INCREMENT - 3%
* GRADE PAY AND PAY BAND WILL ABOLISHED
* THE NEW PAY WILL BE-- 'MATRIX BASE OPEN PAY STRUCTURE
* MACP WILL AS USUAL i.e ON 10,20 AND 30 YEARS OF SERVICE
* DA FORMULA WILL REMAIN UNCHANGED
* CEA - 2250/- P.M
* HOSTEL SUBSIDY - 6750/- P.M
* FAMIL PLANNING, OTA, CASH HANDLLING ALLOWANCE ETC.52 ALLOWANCES  WILL BE ABOLISHED
* SPLIT DUTY ALL- 450/- P.M
* CL AND EL - UNCHANGED
* CCL 1st 365 DAYS - 100% SALARY ,THEN FOR NEXT 365 DAYS 80% SALARY WILL BE PAID
* HEALTH INSURANCE SCHEME RECOMMENDED
* NEW PAY EXAMPLE- PRESENT GP-4200 , PAY- 20000/- WILL BE Rs 62200/-
                                                              GP- 2400, PAY-12560   WILL BE Rs 32300/-
* HRA WILL BE SAME i.e 24, 16 AND 8%

REPORT OF 7TH PAY COMMISSION PUBLISHED TODAY--

Wednesday 18 November 2015

LATEST NEWS OF COURT CASE OF GDS ISSUE-

NEXT DATE FOR FINAL HEARING FIXED ON 22.01.2016

7th CPC official web site confirmed the report submission on 19.11.15 at 19.30 hours



"The commission has completed its deliberations and will submit the report to the Government of India on 19.11.2015 at 19.30 hours."

Visit 7th CPC Official website : http://7cpc.india.gov.in/

Seventh CPC Chairman Justice Mathur confirmed submission on 19th November





PTI News :

New Delhi, Nov 17 (PTI) The 7th Pay Commission will submit its report to Finance Minister Arun Jaitley on Thursday recommending increase in remuneration of central government employees as well as pensioners.

"We are ready with the report and will submit it on November 19," the Commission's Chairman Justice A K Mathur told PTI.

The Commission was set up by the UPA government in February 2014 to revise remuneration of about 48 lakh central government employees and 55 lakh pensioners.

Its recommendations will also have a bearing on the salaries of the state government staff.

The Union Cabinet had extended the term of the panel in August by four months, till December.

Government constitutes the pay commission almost every 10 years to revise the pay scale of its employees and often these are adopted by states after some modifications.

As part of the exercise, the commission holds discussions with various stakeholders, including organisations, federations, groups representing civil employees as well as Defence services.

The recommendations of the 7th Pay Commission are scheduled to take effect from January 1, 2016.

Besides Chairman, other members of the commission are Vivek Rae, a retired IAS officer of 1978 batch, and Rathin Roy, an economist. Meena Agarwal is secretary of the commission.

The 6th Pay Commission was implemented with effect from January 1, 2006; the 5th from 1 January 1996, and the 4th from January 1, 1986.

Source : http://www.ptinews.com/news/6744569_7th-Pay-Commission-to-submit-report-on-Nov-19.html

Monday 16 November 2015

HISTORICAL JUDGMENT OF SUPREME COURT -

SC upholds HC’s judgment on old pension scheme


The Supreme Court has made it clear that employees engaged as daily wagers or on work charge basis prior to January 1, 2004, but regularised thereafter would be governed by the old pension scheme. 

Upholding a judgment of the Punjab and Haryana High Court, the apex court also made it clear that the new contributory pension scheme would not be applicable in their case as they did not fall within the definition of the freshly appointed. 

The high court orders earlier came in the case of Harbans Lal versus the State of Punjab and other respondents. 

The court was told that the New Restructured Defined Contributory Pension Scheme was introduced by the Government of India with effect from January 1, 2004, for new entrants to government service. 

Adopting the new pension scheme of the Union of India, the State of Punjab issued a notification on March 2, 2004. Amending the Punjab Civil Service Rule, the government made it clear that all government employees appointed on or after January 1, 2004, would be covered by the New Defined Contributory Pension Scheme. 

Thereafter, the Punjab Government, vide circular dated May 30, 2008, clarified that New Restructured Defined Contributory Pension Scheme would be applicable with effect from January 1, 2004, in case of Punjab Government employees whose services were regularised after January 1, 2004, though they were engaged as daily wager or on work charge basis prior to that. 

The circular and subsequent circulars in this regard were quashed by the high court in the case of Harbans Lal versus the State of Punjab and other connected petitions. 

The State of Punjab then filed a special leave petition in the Supreme Court, which was dismissed on July 30, 2012.

The State of Punjab then filed a review petition in which notice was issued vide order dated October 31, 2013. 

Around 58 other petitions were connected with this review petition by the Supreme Court. After hearing senior advocate PN Mishra and Neeraj Sharma for the employees-respondents, the Supreme Court dismissed all the petitions, thereby granting the relief of old pension scheme to employees engaged prior to January 1, 2004, but regularised thereafter. 

Dismissing the petitions, the Supreme Court further directed the State of Punjab not to file special leave petitions on similar issues. 

The development is significant as employees retiring after January 1, 2004, after regularisation of services on or after that shall now get pension after counting the entire daily wage service period. 

Source : http://www.tribuneindia.com

Tuesday 10 November 2015

Govt to revise small savings rate by end of this month



The Centre is likely to reduce the interest rates on small savings schemes by the end of this month with a view to aligning them with the market rates. 

"The government will take a decision on reducing small savings rate by the end of this month," a Finance Ministry official said. 

The ministry in September had announced its intention to review interest rates on small savings, which includes Post office savings and Public Provident Fund ( PPF), after bankers said high rates on such schemes run by the government make fixed deposits of banks uncompetitive. 

The government may leave the interest rates on Senior Citizen's Savings Scheme and Sukanya Samriddhi Accounts unchanged. 

With small saving deposits commanding a rate of 8.7-9.3 per cent, banks have been reluctant to transmit the entire policy rate reduction by the RBI to borrowers. 

The median base lending rates of banks have come down by about 60-70 bps despite extremely easy liquidity conditions, which is a fraction of the 125 basis points of the policy rate reduction since January. 

Smalls saving schemes include Post Office Monthly Income Scheme (MIS), Public Provident Fund (PPF), Post Office fixed Deposit Scheme, Senior Citizen's Savings Scheme, Post Office Savings Account and Sukanya Samriddhi Accounts. 


Source : The Economic Times