Representation from Government servant on service matters.

No.11013/08/2013-Estt.(A)-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated the 6th June, 2013

OFFICE MEMORANDUM

subject: Representation from Government servant on service matters.
 
   The undersigned is directed to refer to the Ministry of Home Affair's OM No. 118/52-Ests. dated the 30th April, 1952, OM No. 25/34/68-Estt.(A) dated the 20th December, 1968 and this Department's OM No. 11013/07/1999-Estt.(A) dated the 1st November, 1999 (copies enclosed for ready reference) on the above mentioned subject. This Department is receiving a number of representations, on service matters, addressed to the Prime Minister/ Minister/ Secretary (P) and other officers directly from the Government servants.


   2. It has been envisaged in these instructions that whenever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redress of a grievance, the proper course for him is to address his immediate official superior, or the Head of his office, or such other authority at the lowest level as is competent to deal with the matter. Of late, it is observed that there is an increasing tendency on the part of officers at different levels to by-pass the prescribed channels of representation and write directly to the high functionaries totally ignoring the prescribed channels. The problem is more acute in large Departments where often very junior employees at clerical level address multiple representations to the Minster, Prime Minister and other functionaries. Apart from individual representations, the service unions have also developed a tendency to write to the Ministers and Prime Minister on individual grievance. Some of these representations are often forwarded through Members of Parliament, in violation of Rule 20 of the CCS (Conduct) Rule, 1964.

   3. Existing instructions clearly provide that representations on service matters should be forwarded through proper channel. The stage at which an advance copy of the representation may be sent to higher authorities has also been indicated. In MHA O.M. No. 25/34/68-Estt.(A) dated 20.12.68 time limits for disposal of various types of representations have been prescribed. If it is anticipated that an appeal or petition cannot be disposed of within a month of its submission, an acknowledgement or interim reply should be sent to the individual within a month.

   4. Thus adequate instructions are available in the matter of submission of representations by the Government servants and treatment of the representations by the authorities concerned. As such submission of representations directly to higher authorities by- passing the prescribed channel of communication, has to be viewed seriously and appropriate disciplinary action should be taken against those who violate these instructions as it can rightly be treated as an unbecoming conduct attracting the provisions of Rule 3 (1) (iii) of the CCS (Conduct) Rules, 1964.

   5. It is again reiterated that these instructions may be brought to the notice of all Govt. servants and appropriate disciplinary action may be taken against those who violate these instructions.

Sd/-
(Y.K. Wadhwa)
Under Secretary to the Government of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11013_08_2013-Estt-A-III.pdf

Merger of 50% DA effectively amounting to 78.2% as on 01.01.2007 for BSNL Employees Order Issued.

No 61-01/2012-SU
Government of India
Ministry of Communications & Information Technology
Department of Telecommunications

Sanchar Bhavan, 20 Ashoka Road
New Delhi -110001
Dated, the 10th June, 2013

   In exercise of the powers conferred by the Article 145 of Articles of Association of the Bharat Sanchar Nigam Limited (BSNL), the President is pleased to approve the proposal of BSNL regarding the fitment formula as per Department of Public Enterprises OM No. 2(70)108- DPE(WC)-GL-VII/09 dated 02.04.2009, Accordingly, in partial modification of this Department’s Order No. 61-01/2009-SU dated 27.02.2009, the benefit of merger of 50% DA effectively amounting to 78.2% as on 01.01.2007 for the purpose of fitment in respect of the Board level & below Board Level executives and Non-Unionized Supervisors and Non- executives of BSNL is hereby allowed from the date of issue of this order.

   2. No arrears will be paid and the revised fitment on the basis of DPE OM dated 02.04.2009 will be paid with prospective effect only.

   3. BSNL has to bear the additional financial implication on account of revised fitment benefit for pay revision from its own resources and no budgetary support will be provided.

   4. All instructions/guidelines issued by DPE from time to time in this regard may be scrupulously followed.

   5. This has the concurrence of Internal Finance Division(TPF), Department of Telecommunications vide Dy. No. 05/171/PSF/13 dated 10.06.2013.

Sd/-
(Sanjeev Gupta)
Director (PSU-1)

Source:http://bsnleuchq.com/78_order.pdf

Framing of guidelines for smooth functioning of Persons with Disabilities (PwDs) in their duties in Government services.

IMMEDIATE

No.36035/3/2013-Estt.(Res.II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training.

North Block, New Delhi
Dated 10th June, 2013

OFFICE MEMORANDUM

Subject: Framing of guidelines for smooth functioning of Persons with Disabilities (PwDs) in their duties in Government services.

   The undersigned is directed to inform that a Committee has been constituted under the Chairmanship of Joint Secretary (AT&A), DoPT to identify measures and prepare guidelines to enable smooth functioning of Persons with Disabilities in their duties in Government service.

   2. With this aim in view, the National Institute for the Visually Handicapped, Dehradun (under the Ministry of Social Justice and Empowerment) has authorised NAB, India Centre for Blind Women and Disability Studies, New Delhi to undertake the field study in this regard. The NAB would undertake field study in this Department for at least two days covering the following aspects:

   (i) to gain an insight into the work content and gauge the feasibility of PwDs working on those jobs

   (ii) execute some trials by blind or low vision persons at these tasks to verify the feasibility

   (iii) obtain feedback from peers and supervisors.

   3. It is requested to extend fullest cooperation to the NAB and the queries raised by them during their visit in your Ministry/Department are responded so that the scope of work in identified jobs and feasibility of PwDs working on those jobs could be gauged by them.

Sd/-
(Debabrata Das)
Under Secretary to the Govt. of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36035_3_2013-Estt-Res.II.pdf

Holidays to be observed in Central Government Offices during the year 2014.

MOST IMMEDIATE

F.No. 12/5/2013-JCA-2
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi
Dated the 11th June, 2013

Subject: Holidays to be observed in Central Government Offices during the year 2014.

   It has been decided that the holidays as specified in the Annexure - I to this O.M. will be observed in all the Administrative Offices of the Central Government located at Delhi/New Delhi during the year 2014. In addition, each employee will also be allowed to avail himself/herself of any two holidays to be chosen by him/her out of the list of Restricted Holidays in Annexure — II.

   2. Central Government Administrative Offices located outside Delhi / New Delhi shall observe the following holidays compulsorily in addition to three holidays as per para 3.1 below:

  • 1. REPUBLIC DAY
  • 2. INDEPENDENCE DAY
  • 3. MAHATMA GANDHI’S BIRTHDAY
  • 4. BUDDHA PURNIMA
  • 5. CHRISTMAS DAY
  • 6. DUSSEHRA (VIJAY DASHMI)
  • 7. DIWALI (DEEPAVALI)
  • 8. GOOD FRIDAY
  • 9. GURU NANAK’S BIRTHDAY
  • 10. IDU’L FITR
  • 11. IDU’L ZUHA
  • 12. MAHAVIR JAYANTI
  • 13. MUHARRAM
  • 14. PROPHET MOHAMMAD’S BIRTHDAY (ID-E-MILAD)

   3.1. In addition to the above 14 Compulsory holidays mentioned in para 2, three holidays shall be decided from the list indicated below by the Central Government Employees Welfare Coordination Committee in the State Capitals, if necessary, in consultation with Coordination Committees at other places in the State. The final list applicable uniformly to all Central Government offices within the concerned State shall be notified accordingly and no change can be carried out thereafter. It is also clarified that no change is permissible in regard to festivals and dates as indicated.

  • 1. AN ADDITIONAL DAY FOR DUSSEHRA
  • 2. HOLI
  • 3. JANAMASHTAMI (VAISHNAVI)
  • 4. RAM NAVAMI
  • 5. MAHA SHWRATRI
  • 6. GANESH CHATURTHI / VINAYAK CHATURTHI
  • 7. MAKAR SANKARANTI
  • 8. RATH YATRA
  • 9. ONAM
  • 10. PONGAL
  • 11. SRI PANCHAMI / BASANT PANCHAMI
  • 12. VISHU/ VAISAKHI / VAISAKHADI / BAHAG BIHU / MASHADI UGADI / CHAITRA SUKLADI / CHETI CHAND / GUDI PADAVA 1st NAVRATRA / NAUROZ/ CHHATH POOJA/KARVA CHAUTH.

   3.2 No substitute holiday should be allowed if any of the festival holidays initially declared subsequently happens to fall on a weekly off or any other non- working day or in the event of more than one festivals falling on the same day.

   4. The list of Restricted Holidays appended to this O.M. is meant for Central Government Offices located in Delhi / New Delhi. The Coordination Committees at the State Capitals may draw up separate list of Restricted Holidays keeping in view the occasions of local importance but the 9 occasions left over, after choosing the 3 variable holidays in para 3.1 above, are to be included in the list of restricted holidays.

   5.1 For offices in Delhi / New Delhi, any change in the date of holidays in respect of Idu’l Fitr, Idu’l Zuha, Muharram and Id-e-Milad, if necessary, depending upon sighting of the Moon, would be declared by the Ministry of Personnel, Public
Grievances and Pensions after ascertaining the position from the Govt. of NCT of Delhi (DCP, Special Branch, Delhi Police).

   5.2 For offices outside Delhi / New Delhi, the Central Government Employees Welfare Coordination Committees at the State Capitals are authorised to change the date of holiday, if necessary, based on the decision of the concerned State Governments / Union Territories, in respect of Idu’l Fitr, Idu’l Zuha, Muharram and Id-e-Milad.

   5.3 It may happen that the change of date of the above occasions has to be declared at a very short notice. In such a situation, announcement could be made through P.I.B. /T.V. / A.I.R. / Newspapers and the Heads of Departments/ Offices of the Central Government may take action according to such an announcement without waiting for a formal order about the change of date.

   6. During 2014, Diwali (Deepavali) falls on Thursday, October 23, 2014 (Kartika 01). In certain States, the practice is to celebrate the occasion a day in advance, i.e., on “Narakachaturdasi Day”. In view of this, there is no objection if holiday on account of Deepavali is observed on “Naraka Chaturdasi Day (in place of Deepavali Day) for the Central Government Offices in a State if in that State, that day alone is declared as a compulsory holiday for Diwali for the offices of the State Government.

   7. Central Government Organisations which include industrial, commercial and trading establishments would observe up to 16 holidays in a year including three national holidays viz. Republic Day, Independence Day and Mahatma Gandhi’s birthday, as compulsory holidays. The remaining holidays / occasions may be determined by such establishments / organisations themselves for the year 2014, subject to para 3.2 above.

   8. Union Territory Administrations shall decide the list of holidays in terms of instructions issued in this regard by the Ministry of Home Affairs.

   9. In respect of Indian Missions abroad, the number of holidays may be notified in accordance with the instructions contained in this Department’s O.M. No. 12/5/2002-JCA dated 17th December, 2002. In other words, they will have the
option to select only 13(Thirteen) holidays of their own after including in the list, three National Holidays and Mahavir Jayanti included in the list of compulsory holidays and falling on day of weekly off.

   10. In respect of Banks, the holidays shall be regulated in terms of the extant instructions issued by the Department of Financial Services, Ministry of Finance.

   11. Hindi version will follow.

Sd/-
(Ashok Kumar)
Deputy Secretary (JCA)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/12_5_2013-JCA-2-11062013.pdf