Showing posts with label DOPT. Show all posts
Showing posts with label DOPT. Show all posts

Strengthening of administration — Periodical review under FR 56 / Rule 48 of CCS(Pension) Rules

No.25013/1/2013-Estt (A) 
Government of India 
Ministry of Personnel, Public Grievances and Pensions 
Department of Personnel and Training 

North Block, New Delhi-110 001 
Dated :21st March, 2014 

Office Memorandum 

Subject : Strengthening of administration — Periodical review under FR 56 / Rule 48 of CCS(Pension) Rules 

Instructions exist on the need for periodical review of performance of Government  servants 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), FR 56 (I) and Rule 48 (1) (b) of CCS(Pension) Rules, 1972.

2. As per these instructions the cases of Government servant covered by FR 56(i), 56(1) or Rule 48(1) (b) of CCS (Pension) Rules, 1972 should be reviewed six months before he / she attains the age of 50/55 years, in cases covered by FR 56(j) and on completion of 30 years of qualifying service under FR 56(1) / Rule 48 of CCS(Pension) Rules, 1972 as per the following time table:- 
S.NO
Quarter in which review is to be made
Cases of employees who will be attaining the age of 50/55 years or will be completing 30 years of service or 30 years of service qualifying for pension, as the case may be, in the quarter
1
January  to March
July to September of the same year
2
April  to June
October to December of the same year
3
July to September
January to March of the next year
4
October to December
April to June of the next year
 3. The procedure as prescribed from time to time has been consolidated and enclosed as Appendix to this O.M. 

4. All Ministries / Departments are requested to follow these instructions and periodically review the cases of Govt. servants as required under FR 56(i)/FR56(I)/Rule 48(1)(b) of CCS (Pension) Rules,1972. 

Sd/-
(B.Bandyopadhyay) 
Under Secretary to the Government of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/25013_1_2013-Estt.A-21032014.pdf

Computation of reservation — implementation of the judgement of Hon’ble Supreme Court

COURT MATTER
TIME BOUND
No.36012/24/2009-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi
Dated the 20 March, 2014
OFFICE MEMORANDUM

Sub: Computation of reservation — implementation of the judgement of Hon’ble Supreme Court in the matter of Union of Inida & Anr. Vs. National Federation of Blind & Ors

In pursuance of the judgement dated 08.10.2013 of the Hon’ble Supreme Court in the matter of Civil Appeal No.9096 of 2013 [arising out of SLP(civil) No.7541 of 20091 titled Union of India & Anr. Vs. National Federation of Blind & Ors, this Department issued O.M No. of even dated 3rd December, 2013 modifying para 14 of this Department’s O.M dated 29.12.2005 to the following extent:
“Reservation for persons with disabilities in Group ‘A’ or Group ‘B’ posts shall be computed on the basis of total number of vacancies occurring in direct recruitment quota in all the Group A posts or Group posts respectively, in the cadre”.
2. It was also requested to compute number of vacancies available in all the cadres under their control including attached offices, subordinate offices, public sector undertakings, Government Companies, Cantonment Board, etc. in the aforesaid manner and further identify the posts for disabled persons within a period of three months from the date of judgement (8.10.2013) and implement the same without default. The Hon’ble Supreme Court directed that non-observance of the provisions of reservation for persons with disabilities shall be considered as an act of disobedience and the Nodal Officer concerned in Department /Public Sector Undertakings/Government Companies responsible for proper strict implementation of reservation for persons with disabilities be departmentally proceeded against for the default.

3. Vide this Department’s OM of even number dated 24th February, 2014, it was informed that the Petitioner i.e. National Federation of the Blind has filed an application in the Hon’ble High Court of Delhi and the Hon’ble High Court has directed to file a status report giving details of steps taken to implement the judgement of the Hon’ble Supreme Court including the appointments made, if any. Owing to inadequate response from the appointments made, if any. Owing to inadequate response from the Ministries/Departments, progress report on implementation of the judgement of the Hon’ble Supreme Court could not be placed before the Hon’ble High Court during the last hearing held on 12th March, 2014. The Hon’ble High Court of Delhi has given three weeks time to file the status report which has to be complied with.

4. All the Ministries/Departments/Organisations of the Government of India are requested to compute the reservations for persons with disabilities at the earliest and immediately identify the posts for disabled persons and implement the same without default. However, the following points may be kept in view while computing reservations:- 

(i) Three percent of the vacancies in case of direct recruitment to Group A,B,C and D shall be reserved for persons with disabilities of which 1% each shall be reserved for persons suffering from (i) blindness or low vision , (ii) hearing impairment and (iii) locomotor disability or cerebral palsy; in the posts identified for each disability. Three percent of the vacancies in case of promotion to Group D and Group C posts in which direct recruitment, if any, does not exceed 75% shall be reserved for persons with disabilities of which 1% each shall be reserved for persons suffering from (i) blindness or low vision, (ii) hearing impairment and (iii) locomotor disability or cerebral palsy; in the posts identified for each disability; 

The computation of reservation for persons with disabilities has to be computed in ease of Group A, B, C and D posts in identical manner viz.
"computing 3% reservation on total number of vacancies in the cadre strength". The Honble Supreme Court has further directed to compute the number of vacancies available in all the "establishments" and further identify the posts for disabled persons within a period , of three months from 08.10.2013 and implement the same without default.

(iii) As regards effecting reservation, Para 15 of this Department's O.M. No.36035/3/2004-Estt(Res) dated the 29th December, 2005 "http://persmin.nic.in » OMs & Orders>> ;Establishment (Reservation)» Persons with Disabilities], inter alia, stipulates that all establishments shall maintain separate 100 point reservation roster registers in the prescribed torment for determining/effecting reservation for the disabled - one each for Group A posts filled by direct recruitment, Group B posts filled by direct recruitment, Group C posts filled by direct recruitment, Group C posts filled by promotion, Group D posts filled by direct recruitment and Group D posts filled by promotion. Points 1, 34 and 67 of the roster shall be earmarked reserved for persons with disabilities - one point each for three categories. The Head of the establishment shall decide the categories of disabilities for which the points 1, 34 and 67 will be reserved keeping in view all the relevant facts

(iv) Whereas reservation policy for SCs/STs/OBCs is post based, the reservation policy for persons with disabilities is vacancy based. 

(v) List of identified posts for the persons with disabilities issued by the Department of Disability Affairs, Ministry of Social Justice and Empowerment vide Notification No.16-15/ 2010-DD.III dated the 29th July, 2013 is available at the website of the Ministry of Social Justice and Empowerment. 

5. Keeping in view the above, all the Ministries/Departments/Organisations of the Government of India are requested to furnish details of vacancies available and poi identified for persons with disabilities in all the cadres under their control including attached offices, subordinate offices, public sector undertakings, Government Companies, Cantonment Board, etc in the following format:- 

Group
Name of Posts (both identified and non- identified)
Total vacancy available
Vacancy available for PwD at @ 3% of total vacancy (1% each for VH, HH &OH)
Name of Post identified for persons with disability
Proposed action plan to fill up the post identified for persons with disability
VH
HH
OH
A
B
C
D
[VH=Visually Handicapped; HH=Hearing Handicapped; OH=Orthopedically Handicapped] 

It is requested that above information may be sent to this Department within two weeks i.e. by 27th March, 2014 so that a consolidated status report could be placed before the next date of hearing. It is clarified that the Departments who had earlier sent the information with reference to this Department's earlier communications may also send the information, in the format now prescribed keeping in view the details furnished in para 4 above. It may be noted that response of the Ministries/Departments together with defaulters list would form part of the status report to be filed before next date of hearing in the Honble High Court of Delhi. 

Sd/-

(G.Srinivasan) 
Deputy Secretary to the Government of India


Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36012_24_2009-Estt.Res.-20032014.pdf

Combined Section Officers’/Stenographers’ (Gr. ‘B’/Gr.I) Limited Departmental Competitive Examination, 2012 and 2013.

MOST IMMEDIATE

No. 6/7/2013-CS-I(S)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

Lok Nayak Bhavan, Khan Market,
New Delhi, dated the l9th March, 2014

OFFICE MEMORANDUM 

Subject: Combined Section Officers’/Stenographers’ (Gr. ‘B’/Gr.I) Limited Departmental Competitive Examination, 2012 and 2013.

The Combined Section Officers’/Stenographers’ (Gr.’B’/Gr.I) Limited Departmental Competitive Examination, 2012 and 2013 was conducted by the UPSC during 21-22 December, 2013. Results of the written part of the said examination are likely to be declared by the Commission in the last week of March, 2014.

2. To address the problem of large number of vacancies in the grade o Section Officer, it is necessary to bring out the results in a compressed time schedule and to promote and allocate officers to various cadre units in a time bound manner. In the past, one of the reasons for delay in finalizing the results of the examination was the delay in collection and collation of ACRs of the
candidates, who qualify the written part of the exam.

3. It is, therefore, requested that the ACR Dossiers, complete in all respects, of all the candidates, who have appeared for the post of Section Officer of CSS and Private Secrétary of CSSS in the Combined Limited Departmental Examination. 2012 & 2013 be kept in readiness, so that the APARs/ACRs of the successful candidates can be sent to UPSC immediately once the results are declared. If there are any ACR/APAR, which are missing or below benchmark, appropriate action, if any, in respect of them may be completed in terms of DOP&T OM No. 21011/1/2010-Estt.(A) dated 13th April, 2010 and other relevant instructions on the.’subject, by 31st March, 2014 positively.

4. A statement of availability status of ACRs/APARs for the period 2005-2013 (1.4.2005 to 31.3.2013), in respect of all the candidates who have appeared in the examination from the respective Cadre Units, may be sent to the undersigned at the earliest.

Sd/-
(Utkaarsh R. Tiwaari)
Director (CS-I)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/SOLDCE_12_13_190314.pdf

Declaration of Holiday on 14th April, 2014 – Birthday of Dr.B.R. Ambedkar.

F. No.12/4/2014-JCA-2
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 12th March, 2014.

OFFICE MEMORANDUM

Subject: Declaration of Holiday on 14th April, 2014 – Birthday of Dr.B.R. Ambedkar.

It has been decided to declare Monday, the 14th April 2014, as a Closed Holiday on account of the birthday of Dr. B.R. Ambedkar, for all Central Government Offices including Industrial Establishments throughout India.

2. The above holiday is also being notified in exercise of the powers conferred by Section 25 of the Negotiable Instruments Act, 1881 (26 of 1881).

3. All Ministries/Departments of Government of India may bring the above decision to the notice of all concerned.

Sd/-
(Ashok Kumar)
Deputy Secretary to the Government of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/12_4_2014-JCA-2-12032014.pdf

The Central Civil Service (Joining Time) Amendment Rules, 1989.

The Central Civil Service (Joining Time) Amendment Rules, 1989.

New Delhi, the 10th March, 1989

G.S.R. 197. — In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian
Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Joining Time) Rules, 1979, namely :-

1. (1) These rules may be called the Central Civil Service (Joining Time) Amendment Rules, 1989.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Joining Time) Rules, 1979 for sub-rule (1) of rule the following sub-rule shall be substituted, namely :-

(1) When a Government servant joins a new post at a new post without availing full joining time by reasons that:-

(a) he is ordered to join the new post at a new place of posting without availing of full joining time to which he is entitled ; or

(b) he proceeds alone to the new place of posting and joins the post without availing full joining time and takes his family later within the permissible period of time for claiming travelling allowance for the family :-

The number of days of joining time admissible under sub-rule (4) of rule 5 of the Central Civil Services (Joining Time) Rules, 1979, subject to a maximum of 15 days reduced by the number of days of joining time actually availed of shall be credited to his
leave account as earned leave;

Provided that the earned leave at his credit together with the unavailed joining time allowed to be so credited shall not exceed 240 days.

[No. 19011/12/86-Estt.(Allow.)]

Note:- The Principal Rules were published in the Gazette of India, Part-II Section 3, sub-section (i) vide G.S.R. No.695, dated 15-9-1979.

Sd-

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/19011_12_86-Estt.Allow-10031989.pdf

Re-Constitution of Departmental Peer Review Committee for considering the cases for extension of service of Scientists beyond the age of superannuation.

No.26012/5/2014-Estt (A.IV) 
Government of India 
Ministry of Personnel, Public Grievances and Pensions 
Department of Personnel and Training 

New Delhi, dated the 5th March, 2014 

OFFICE MEMORANDUM 

Subject : Re-Constitution of Departmental Peer Review Committee for considering the cases for extension of service of Scientists beyond the age of superannuation. 

The Prime Minister has approved the composition of the Standing Peer Review Committee in respect of Department of Bio-Technology with the following composition for extension of service of Scientists beyond the age of superannuation under FR 56(d): 

i) Dr.K.VijayRaghavan, Secretary                   Chairman 
Department of Bio-Technology 

ii) Dr S.Ayyappan, Secretary 
Department of Agricultural Research & 
Education & Director General, 
Indian Council of Agricultural Research           Member 

iii) Dr.R.K.Shevgaonkar, 
Director, IIT, New Delhi                                    Member 

iv) Dr.V.M.Katoch, 
Secretary, Department of Health Research, 
Director General, ICMR                                   Member 
Ministry of Health and Family Welfare 

v) Secretary, Deptt.of Personnel & Training    Member 

2. The tenure of the Committee will be two years. 

3. The Committee will hold biennial meetings, three to four months in advance to consider the proposals for extension of service coming up in the six months block i.e., April- September and October-March so that the ACC gets sufficient time to consider the 
proposals. The recommendation of the Peer Review Committee for extension of service beyond 60 years and up-to 62 years may be submitted to the EC Division of DOP&T for obtaining approval of the ACC. 

4. The Committee will also consider the cases of extension of service beyond 62 years and up-to 64 years and the recommendation of the Committee may be submitted to the Establishment Division for placing the same for consideration by the Screening Committee headed by the Cabinet Secretary before obtaining the approval of the ACC. 

Sd/-
(B.Bandyopadhyay) 
Under Secretary

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/26012_5_2014_Estt.pdf

The Central Civil Services (Leave) Fourth Amendment Rules, 2013.

[To be published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub.section (i)]

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL AND TRAINING)

NOTIFICATION

New Delhi, the 18 February, 2014       

G.S.R. 96(e)In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely;-

1 (1) These rules may be called the Central Civil Services (Leave) Fourth Amendment Rules, 2013.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972, in rule 53, in sub-rule (4), -

(a) in Forms 7 and 8, after pars 4, the following para shall respectively, b inserted, namely:-

“NOW FURTHER THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT the period of my bond mandating putting in service for the period as specified above, after expiry of the study leave availed by me, shall be extended by a comparable period, equivalent to the aggregate periods of leave of any kind availed by me during the currency of the bond period.”

(b) in Forms 9 and 10, after pars 5, the following para shall respectively. be inserted, namely:-

“NOW FURTHER THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT the period of bond, mandating putting in service by the Obligor for the period as specified above, after expiry of the study leave availed by him or her, shall be extended by a comparable period, equivalent to the aggregate periods of leave of any kind availed by him or her during the currency of the bond period.”

[F. N . 13026/4/2012-Estt-(L)]

Sd/-
(MAMTA KUNDRA)
Joint Secretary to the Government of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/13026_4_2012-Estt.L-18022014A.pdf

Voluntary retirement under FR 56(k), etc. and amendment of Rules.

No.25013/3/2010-Estt (A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi-110 001
Dated : 27th February, 2014

Subject : Voluntary retirement under FR 56(k), etc. and amendment of Rules.

The provisions of Fundamental Rule 56(k), 56(m) and Rule 48 of CCS(Pension) Rules, 1972 relating to acceptance of request of voluntary retirement have been revisited as per the Central Administrative Tribunal, Principal Bench judgement dated 4th August, 2010 in 0.A.No.1600/2009 filed by Shri Gopal Singh Purohit Vs U01 & Others to bring them at par with each other.

2. The matter has been examined in consultation with Department of Pension and Pensioners Welfare and the Ministry of Law. FR 56(k) and 56 (m) have been amended vide Extra Ordinary Gazette Notification No.GSR.27(E) dated 17th January, 2014. It shall be open to the appropriate authority to withhold permission to a Government servant who seeks to retire under FR 56(k) or 56 (m) in the following circumstances:

(i) If the Government servant is under suspension ; or
(ii) If a charge sheet has been issued and the disciplinary proceedings are
pending; or
(iii) If judicial proceedings on charges which may amount to grave misconduct, are pending.

Explanation: For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.

3. Copy of the Gazette Notification No.G.S.R.E.(27) dated 17.1.2014 amending FR 56(k) and FR 56(m) is enclosed.

4. All Ministries/Departments are requested to bring the contents of this O.M. to the notice of all concerned.

Sd-
(B.Bandyopadhyay)
Under Secretary to the Government of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/25013_3_2010-Estt-A.pdf

LDC-UDC Grade Pay Issue – Demanding upgradation of the grade pay of LDC & UDC

DEPARTMENT OF EXPENDITURE DIRECTS THE MINISTRY OF STATISTICS & PROGRAMME IMPLEMENTATION TO SEND PROPOSAL FOR UP-GRADATION OF GRADE PAY OF LDC & UDC TO THEM

Dear members/friends,

Department of Expenditure (DoE) vide OM No. 58(2)/E.III(B)/2014 dated 18th February, 2014(enclosed) has forwarded the letter/documents demanding upgradation of the grade pay of LDC & UDC to Rs. 2400 & 2800 respectively, to the Financial Adviser, Ministry of Statistics & Programme Implementation(MoS&PI) with a direction to examine the representations and forwarding the same to DoE for consideration in the form of a proposal, through IFD. In this respect, this Association has already made it clear that the LDC & UDC issue is a clear anomaly aroused due to the discriminatory recommendation/implementation of the 6th Pay Commission and the same is to be rectified as an anomaly and not as a cadre restructuring. As has already informed you that this Association has decided to file a case in the CAT by 1st week of March for getting implemented the upgradation from the date of implementation of the 6th CPC and the preparation for the same is in full swing. However, since the DoE has directed the MoS&PI in favour of upgradation of Grade Pay of LDC and UDC, a letter demanding implementation of the upgradation from 1.1.2006 is being sent to the Joint Secretary, MoS&PI before filing the case.

Yours Sincerely

TKR Pillai
General Secretary
Mob No. 09425372172

No. 58(2)/E.III(B)/2014
Ministry of Finance
Department of Expenditure
E.III-(B) Branch

New Delhi, the 18th February, 2014.

OFFICE MEMORANDUM

Subject: Forwarding of letter No. 4/GS/2013 dated 14/10/2013 from All India Association of Administrative Staff.

The undersigned is directed to forward herewith letter No. 4/GS/2013 dated 14/10/2013 from Shri T.K.R. Pillai regarding upgradation of Grade Pay of LDC and UDC in administrative branch of Government of India offices and to state that this Department does not consider the representations received from individuals or Associations and they are forwarded to the concerned administrative ministries/departments. The Administrative Ministry/Department concerned is required to examine the representations and if merit is found, the same may be forwarded to this Department for consideration in the form of a proposal, through IFD. The letter was earlier forwarded to DOPT, who in turn have returned it stating that LDCs and UDCs in the Administrative Branch of Government of India does not come under the CSCS cadre.

Sd/
(Manoj Kumar)
Under Secretary to the Government of India

Source-http://aiamshq.blogspot.in/2014/02/yet-another-milestone.html

Data in respect of DR Steno Grade D’ for Web Based Software Solution for Cadre Management of CSSS-reg.

No. 6/1/2014-CS.II(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110003
Dated: 10th February, 2014

OFFICE MEMORANDUM

Subject: Data in respect of DR Steno Grade D’ for Web Based Software Solution for Cadre Management of CSSS-reg.

The undersigned in directed to refer to the subject mentioned above and to say that on the basis of nominations made by this Department, Direct Recruit Steno Grade D’ are joining various Ministries/Departments participating in CSSS. It is imperative that the data in respect of these newly joined DR Steno Grade D’ are immediately captured in the web based cadre management system hosted at cscms.nic.in.

2. A proforma has accordingly been devised for gathering of data in respect of DR Steno Grade 'D’ who have joined recently. Ministries / Departments concerned are, therefore, requested to furnish the data in respect of these DR Steno Grade ‘D’ in the format enclosed. The newly joined DR Steno Grade ‘D’ are advised that it is their responsibility to get their data fed in the web based system. The data should also be emailed at chowdhury.r13.

Sd/-
(Kameshwar Mishra)
Under Secretary to the Govt. of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/wb.pdf

DOPT Order 2014: Notice for strike by the Confederation of Central Government Employees and Workers on 12th and 13th February, 2014

TIME BOUND

No. 33011/1(s)/2014-Estt-B -(I)
Government of India
Ministry of Personnel, Public & Grievances and Pensions
Department of Personnel & Training

Dated the 10th February, 2014.

OFFICE MEMORANDUM

Subject : Notice for strike by the Confederation of Central Government Employees and Workers on 12th and 13th February, 2014

The undersigned is directed to intimate that the Confederation of Central Government Employees and Workers have given notice that the members of the affiliates of these Confederation will go on strike on 12th and 13th February, 2014 in pursuance of their Charter of Demands.

2. The instructions issued by the Department of Personnel & Training prohibit the Government servants from participating in any form of strike including mass casual leave, go-slow etc. or any action that abet any form of strike in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17 (1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. In this connection, your kind attention is also drawn to this Department's OM No. 33012/1(s)/2008-Estt (B) (pt) dated 12th September, 2008 (copy enclosed).

3. A Joint Consultative Machinery for Central Government employees is already functioning. This scheme has been introduced with the object of promoting harmonious relations and of securing the greatest measure of cooperation between the Government, in its capacity as employer, and the general body of its employees in matters of common concern, and with the object, further of increasing the efficiency of the public service. The JCM at the different levels have been discussing issues brought before it for consideration and either reaching amicable settlement or referring the matter to the Board of Arbitration in relation to pay and allowances, weekly hours of work and leave, whenever no amicable settlement could be reached in relation to these items.

4. The Central Government Employees under your Ministry/Departments may, therefore, be suitably informed of the aforesaid instructions under the Conduct Rules issued by this Department and other regulations upheld by the Hon'ble Supreme Court and dissuaded from resorting to strike in any form. You may also issue instructions not to sanction Casual Leave or other kind of leave to employees if applied for, during the period of the proposed strike and ensure that the willing employees are allowed hindrance free entry into the office premises. For this purpose, Joint secretary (Admn) may be entrusted with the task of coordinating with security personnel. Suitable contingency plan may also be worked out to carry out the various functions of the Ministry/Department.

5. In case the employees go on strike, a report indicating the number of employees who took part in the proposed strike may be conveyed to this Department on the evening of the day.

Sd/-
(Sanjiv Shankar)
Director (E-II)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/33011_1s_2014-Estt.B-I-10022014.pdf

Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965 – Dopt Orders

No.6/3/2013-Estt (Pay-I) 
Ministry of Personnel, Public Grievances and Pensions 
Department of Personnel & Training
North Block, New Delhi 
Dated the 6th February, 2014
OFFICE MEMORANDUM

Subject: Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965. 
  
The undersigned is directed to say that the following penalties prescribed in the Rule 11 of CCS (CCA) Rules, 1965, have a bearing on the pay of the officer:

11. Penalties
Minor Penalties – 
(iii a) reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension. 
(iv) withholding of increments of pay;
Major Penalties – 
(v) save as provided for in clause (iii) (a), reduction to a lower stage in the time- scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction Will or will not have the effect of postponing the future increments of his pay

(vi) reduction to lower time-scale of pay, grade, post or Service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time-scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period –

(a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent; and

(b) the Government servant shall regain his original seniority in the higher time scale of pay , grade, post or service;

2. Consequent upon implementation of the recommendations of 6 th CPC under the CCS (RP) Rules, 2008 pay scale of a post/grade for below HAG level means the Pay Band and Grade Pay specified for that post. Under the CCS (RP) Rules, 2008 a Pay Band may cover Government servants in more than one Grade Pay or posts in the hierarchy. As per Rule 9 of the CCS (Revised Pay) Rules, 2008, the rate of increment in the revised pay structure is 3% of the sum of the pay in the Pay Band arid Grade Pay applicable, which is to be rounded off to the next multiple of 10. Further, as per Rule 10 of the CCS (Revised Pay) Rules, 2008, there is now a uniform date of increment, that is, lst July of the year.

3. The mode of implementation of these penalties has been clarified to individual Ministries/Departments wherever references have been received. It is now proposed to issue detailed guidelines on the issue. The regulation of pay on imposition of these penalties is in the subsequent pants:

A. Reduction to a lower stage of pay by one stage (Rule 11( iii a)
On imposition of a penalty under this Rule, the pay would be fixed at the next lower stage in the Pay Band. In other words, in case of reduction by one stage, the revised pay would be the pay drawn in the Pay Band at the stage before the last increment. Grade Pay attached to the post would remain unchanged. The pay will be fixed by reversing the mode of allowing increments given in Rule 9 of the CCS (RP) Rules, 2008. The formula would be:-
Reduced Pay In Pay Band = {(Pay in Pay Band+ Grade Pay) x 100/103} less (Grade Pay) (rounded off to next 10) 
Pay would be Pay in Pay Band as above + Grade Pay

B. Withholding of increment {Rule 11(iv)} 
As the uniform date of increment now is 1st July, on imposition of a penalty of withholding of increment, the increment(s) due on the 1st of July falling after the date of imposition of the penalty would be withheld. In case where penalty of withholding of more than one increment is imposed, increments due on 1st of Juty in the subsequent years would similarly be withheld. The increment would be restored at the end of the period for which the penalty is imposed.

This also applies to cases where the penalty is imposed for part of a year. For instance, if the penalty of withholding of the increment for six months is imposed on a Government servant in April 2013, then the increment falling due on 1.7.2013 will be withheld for a period of six months, that is, till 31.12.2013. The increment would be released w.e.f. 1.1.2014. In this case the next increment falling due on 1.7.2014 will also be allowed.

C. Reduction to a lower stage in the time-scale of pay for a specified periodfRule 11(v)} 
The process of imposition of penalty of reduction by one stage under Rule 11(iii a) explained above shall be repeated for every additional stage of reduction by taking the pay arrived at notionally as pay for the second reduction, and so on. Grade Pay shall remain unchanged.

NOTE 1: It is not permissible to impose a penalty under this rule if the pay after imposition of the penalty would fall below the minimum of the Pay Band attached to the post.

NOTE 2: A Pay Band may cover Government servants in different Grade Pays or holding posts at several levels in the hierarchy. It needs to be kept in mind that reduction to lower pay scale or grade is a distinct penalty, under Rule 11(vi).Therefore, while imposing a penalty of reduction to a lower stage in the time-scale of pay under Rule 11(v) of the CCS (CCA) Rules, 1965, Disciplinary Authorities should weigh all factors before deciding upon the quantum of penalty, i.e., the number of stages by which the pay is to be reduced.

D. Reduction to lower time-scale of pay under Rule 11(vi) 
As a result of imposition of a penalty of reduction to lower time-scale of pay, the pay of the Government servant would be reduced to the stage of pay he /she would have drawn had he/she continued in the lower post for the period of penalty. The mode of fixation of pay in this case is similar to reversing the mode of fixation of pay on promotion. Therefore, both pay in Pay Band and Grade Pay would be reduced.

However, Disciplinary Authority has the power, in terms of FR 28, to indicate the pay which the Government servant on whom a penalty of reduction in rank has been imposed, would draw. The Government servant will be entitled to the Grade Pay of the post to which he has been reduced. Thus, the power of the Disciplinary Authority under FR 28 is limited to indicating the pay in the Pay Band applicable to the lower rank/post.

In some cases imposition of a penalty under Rule 11(vi) may also involve a change in Pay Band. For instance a Government servant holding a post in PB-2 with Grade pay of Rs.4200/- may be reduced to a post in PB-1 with Grade Pay of Rs.2800/-

It may also be noted that a Government servant cannot be reduced in rank to a post not held earlier by him in the cadre. For example, an LDC who qualifies as Assistant as a Direct Recruit and is later promoted as Section Officer cannot be reduced to the rank of LDC but only to that of an Assistant.

4. Some illustrations on pay fixation in above types of cases are annexed.

Sd/- 
(Mukesh Chaturvedi) 
Deputy Secretary to the Government of India 

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/6_3_2013-Estt.Pay-I-06022014.pdf

Recovery of wrongful/excess payments made to Government servants – Dopt Orders

F.No.18/26/2011-Estt (Pay-I) 
Government of India 
Ministry of Personnel, PG and Pension 
Department of Personnel and Training
North Block, New Delhi, 
Dated the 6th February, 2014
OFFICE MEMORANDUM

Subject: Recovery of wrongful/excess payments made to Government servants.

The undersigned is directed to say that the issue of recovery of wrongful/excess payments made to Government servants has been examined in consultation with the Department of Expenditure and the Department of Legal Affairs in the light of the recent judgement of the Hon’ble Supreme Court in Chandi Prasad Uniyal And On vs State Of Uttarakhand And Ors, 2012 AIR SCW 4742, (2012) 8 ‘SCC 417, decided on 17th August, 2012. The Hon’ble Court has observed as under:

15. We are not convinced that this Court in various judgments referred to hereinbefore has laid down any proposition of law that only if the State or its officials establish that there was misrepresentation or fraud on the part of the recipients of the excess pay, then only the amount paid could be recovered. On the other hand, most of the cases referred to hereinbefore turned on the peculiar facts and circumstances of those cases either because the recipients had retired or on the verge of retirement or were occupying lower posts in the administrative hierarchy. 

16. We are concerned with the excess payment of public money which is often described as "tax payers money" which belongs neither to the officers who have effected over-payment nor that of the recipients. We fail to see why the concept of fraud or misrepresentation is being brought in such situations. Question to be asked is whether excess money has been paid or not may be due to a bona fide mistake. Possibly, effecting excess payment of public money by Government officers may be due to various reasons like negligence, carelessness, collusion, favouritism etc. because money in such situation does not belong to the payer or the payee. Situations may also arise where both the payer and the payee are at fault, then the mistake is mutual. Payments are being effected in many situations without any authority of law and payments have been receiyed by the recipients also without any authority of law. Any amount paid/received without authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on the payee to repay the money, otherwise it would amount to unjust enrichment.

2. Hon’ble Supreme Court also distinguished the cases like Shyam Babu Verma v UOI, 1994 SCR (1) 700, 1994 SCC (2) 52, Syed Abdul Qadir and Ors. v. State of Bihar and Ors,(2009) 3 SCC 475, Sahib Ram v. State of Haryana,1995 Supp (1) SCC 18 etc., where it had not allowed recovery of excess payment in view of the peculiar facts and circumstances of those cases so as to avoid extreme hardship to the concerned employees, for example, where the employees concerned were mostly junior employees, or they had retired or were on verge of retirement, the employees were not at fault, and recovery which was ordered after a gap of many years would have caused extreme hardship.

3. In view of the law declared by Courts and recently reiterated by the Hon’ble Supreme Court in the above cited case, Chandi Prasad Uniyal And Ors vs State Of Uttarakhand And Ors, 2012 AIR SCW 4742, (2012) 8 SCC 417, the Ministries/Departments are advised to deal with the issue of wrongful/excess payments as follows:

i. In all cases where the excess payments on account of wrong pay fixation, grant of scale without due approvals, promotions without following the procedure, or in excess of entitlements etc come to notice, immediate corrective action must be taken.

ii. In a case like this where the authorities decide to rectify an incorrect order, a show-cause notice may be issued to the concerned employee informing him of the decision to rectify the order which has resulted in the overpayment, and intention to recover such excess payments. Reasons for the decision should be clearly conveyed to enable the employee to represent against the same. Speaking orders may thereafter be passed after consideration of the representations, if any, made by the employee.

iii. Whenever any excess payment has been made on account of fraud, misrepresentation, collusion, favouritism, negligence or, carelessness, etc., roles of those responsible for over payments in such cases, and the employees who benefitted from such actions should be identified, and departmental/criminal action should be considered in appropriate cases.

iv. Recovery should be made in all cases of overpayment barring few exceptions of extreme hardships. No waiver of recovery may be allowed without the approval of Department of Expenditure.

v. While ordering recovery, all the circumstances of the case should be taken into account. In appropriate cases, the concerned employee may be allowed to refund the money in suitable installments with the approval of Secretary in the Ministry, in consultation with the FA.

vi. Wherever the relevant rules provide for payment of interest on amounts retained by the employee beyond the stipulated period etc as in the case of TA, interest would continue to be recovered from the employee as heretofore.

sd/- 
(Mukesh Chaturvedi) 
Deputy Secretary to the Government of India

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/18_26_2011-Estt.Pay-I-06022014.pdf

omination of Stenographers Grade ‘D’ of CSSS with seven years of approved service for Level-I Training programme to be conducted by ISTM w.e.f. 24/02/2014 to 14/03/2014 -reg.

No. 21/4/2012-CS-II(C)
Government of india
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi.
Date: 28th January, 2014

OFFICE MEMORANDUM

Subject: Nomination of Stenographers Grade ‘D’ of CSSS with seven years of approved service for Level-I Training programme to be conducted by ISTM w.e.f. 24/02/2014 to 14/03/2014 -reg.

The undersigned is directed to refer to this Department’s OM. No. 20/28/2010-CS-II(A) dated 20/10/2011 (available on the website of the DoPT) regarding Cadre Training Plan (CPT) for the officers/officials of Central Secretariat Stenographers Service (CSSS) and to say that Stenographers Grade ‘D’ with seven years of approved service, whose names are given in the Annexure-I, are nominated to participate in the Level-I Training programme being conducted by the ISTM from 24/02/2014 to 14/03/2014. It is requested that these officials may please be relieved of their duties with the direction to report to Ms. R. Gayathri, Deputy Director, ISTM, Administrative Block, JNU Campus (old), New Delhi at 9.00AM on 24th February, 2014.

2. Cadre Units of CSSS are also requested to ensure that the officials nominated to the above Level-I training programme are relieved in time as this training course is mandatory in nature and the Stenographers Grade ‘D’ who do not complete and qualify the Level-I training programme shall not be considered for promotion to the grade of Personal Assistant till such time they pass the examination conducted by the ISTM. Absenteeism and withdrawn from the course, including part/different components of the programme may not be allowed in normal circumstances.

3. As part of the Training course, the participants would be taken on a study tour. In order to meet the expenditure for the study tour, all the administrative Ministries/Departments are required to sanction an advance of Rs 20,000/-(Rupees Twenty thousand only ) as TA/DA advance for each participant along with their relieving order.

4. Cadre Units of CSSS are also requested to send Curriculum Vitae of each participant specifically indicating their gender and language in prescribed proforma given in the Annexure-II to Ms. R. Gayathri, Deputy Director, ISTM, New Delhi. Ms. R. Gayathri, Deputy Director is accessible on Phone No. 011-26105592.

Sd/-
(Kameshwar Mishra)
Under Secretary to the Govt. of India

To Click here to view the ANNEXURE - I

Nomination of PA/PS(ad-hoc) for appointment to the grade of PS of CSSS for the SLY-2011 on regular basis under the zoning scheme for seniority quota (SQ)-regarding.

Reminder

No.4/4/2013- CS. II (A)
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Personnel and Training

3rd Floor, Lok Nayak Bhavan, New Delhi- 110003
Dated: the 29th January, 2014

OFFICE MEMORANDUM

Subject:- Nomination of PA/PS(ad-hoc) for appointment to the grade of PS of CSSS for the SLY-2011 on regular basis under the zoning scheme for seniority quota (SQ)-regarding.

The undersigned is directed to refer to this Department’s O.M. of even no. dated 10.09.2013, wherein 61 PA/PS(ad-hoc) were considered for appointment /promotion to the PS grade of CSSS on regular basis under Zoning scheme on their inclusion in the SLY 2011 (SQ). In this regard, all the cadre units were requested to forward a copy of the appointment orders of the concerned officials and to ensure that the officials who have been nominated out of their Cadre Units are relieved within 45 days from the date of issue of this O.M to take up the new posting in the allocated Cadre Units. However, despite a lapse of considerable time, this Department have not received the joining orders of the officials whose names appear in the annexure to this O.M.

2. In view of the above, the concerned Cadre Units are requested to ensure that the concerned officials, whose names are given in the Annexure, are relieved immediately under intimation to this Department. Further, in case any official is not willing to avail of his/he promotion as PS in his/her cadre, he/she may debarred of promotion and his/her ad-hoc promotion as PS may also be discontinued in terms of this Department’s O.M. No. 4/4/2013-CS.II (A) dated 10.09.2013. A copy of his/her debarment order be sent to this Department for taking further necessary action.

Sd/-
(Kameshwar Mishra)
Under Secretary to the Government of India

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Action Taken on 62'nd Report of the Department Related Parliamentary Standing Committee

NO.41034/1/2014-Estt(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi – 110001
Dated: 30.01.2014

OFFICE MEMORANDUM

Subject:- Action Taken on 62'nd Report of the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice on the Status of Women Government Employees, Service Conditions, Protection against exploitation, Incentives and other related issues —regarding.

The undersigned is directed to refer to Para 20.1 and Para 20.2 of the 62nd Report of the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice wherein, the Committee has drawn attention to extant instructions of the Government on age relaxation for appointment of widows, divorced woman and woman judicially separated from their husbands and who were not remarried allowing age concession up to the age of 35 years (40 years for Member of SCs/STs) for the post of Group ‘C’ and erstwhile Group ‘D’ filled through SSC/Employment Exchange and has directed scrupulous compliance of these instructions by all administrative authorities.

2. The Department of Personnel and Training’s O.M. No. 15012/13/79- Estt.(D) dated 19.1.1980 provides that for purposes of appointment to Group C and D posts under the Central Govt. filled through the SSC and the Employment Exchange, the upper age limit in the case of widows, divorced women and women judicially separated from their husbands who are not remarried shall be relaxed upto the age of 35 years (upto 40 years for members of Scheduled Castes/Schedules Tribes) by invoking the provisions in the relevant recruitment rules, subject to production of a certified copy of the judgment/decree of the appropriate court to prove the fact of divorce or the judicial separation, as the case may be (provided through DoP&T O.M. No. 15012/1/82-Estt.(D) dated 06.09.1983) . Further, this relaxation has been extended to Group ‘A’ & ‘B’ posts except where recruitment is made through open competitive examination vide DoP&T O.M. No. 15012/1/87-Estt.(D) dated 05.10.1990.

3. All Ministries/Departments are requested to bring these instructions to the notice of all concerned including attached and subordinate office for strict compliance

Sd/-
(Arunoday Goswami)
Under Secretary to the govt.of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/41034_1_2014-Estt_D.pdf

The Fundamental (First Amendment) Rules, 2014

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training )

NOTIFICATION

New Delhi, the 17th January, 2014 ,

G.S.R. 27(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, and in consultation with the Comptroller and Auditor General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rule further to amend the Fundamental Rules, 1922, namely :—

1. (1) These rules may be called the Fundamental (First Amendment) Rules, 2014. (2) They shall came into force on the date of their publication in the Official Gazette.

2. In the Fundamental Rule, 1922, in rule 56, —

(a) in clause (k), in sub-clause (1), for item (c), the following shall be substituted namely :

“(c) it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire under this clause, if,—

(i) the Government servant is under suspension: or

(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending_

Explanation :–For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”;

(b) for clause (m), the following shall be substituted, namely :—

“(m) A Government servant in Group ‘C’ post who is not governed by any pension rules, may, by giving notice of not less than three months in writing to the Appropriate Authority, retire from service after he has completed thirty year’s service :

Provided that it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire proceedings.”;

(i) the Government servant is under suspension; or

(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending.

Explanation :-For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”;

[No. 2501313/2010-Estt. (A-IV)]

MAMTA KUNDRA, Jt. Secy.

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/25013_3_2010-Estt.A-IV-17012014.pdf