CCS

Review of Work Performance under FR 56(j)

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Review of Work Performance under FR 56(j) and Rule 48 of Central Civil Services (Pension) Rules, 1972

Review of Work Performance

The below statement said in written reply to a question in Lok Sabha on 1st August, 2018 regarding steps taken to identify dull officers and action taken against such officers…

Review of performance of Government servants is an ongoing process under Fundamental Rule 56(j) and Rule 48 of Central Civil Services (Pension) Rules, 1972, which provide that the performance of a Government servant on attaining a specified age or qualifying years of service is to be reviewed and he/she can be retired in public interest.The instructions on the procedure to be adopted and various aspects to be kept in view while conducting periodical review under provisions of the said rules have been issued from time to time.

As per available information provided by cadre controlling authorities, performance of a total of 25,082 Group ‘A’ and 54,873 Group ‘B’ officers has been reviewed up to May 2018; and provisions of Fundamental Rule 56 (j)/ relevant rules were invoked/ recommended against 93 Group ‘A’ and 132 Group ‘B’ officers out of these.

Confidential Rolls (CRs) / Performance Appraisal Reports (PARs) of IAS officers are written for each financial year or as may be specified by the Government in the form and as per the schedule prescribed in the All India Services (Performance Appraisal Report) Rules, 2007. The appraisal form of IAS officers, inter alia, provides for comments on the overall quality of officers including areas of strength and his attitude towards weaker sections.

Source: http://loksabha.nic.in/

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Be the first to comment - What do you think?  Posted by admin - August 5, 2018 at 8:37 am

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Implementation of CCS (RP) Rules 2016-Exercising of option for fixation of pay Ministry of Defence

Implementation of CCS (RP) Rules 2016-Exercising of option for fixation of pay

Ministry of Defence
Department of Defence
D(Civ I)

Subject: Implementation of CCS (RP) Rules, 2016 – Exercising of option for fixation of pay

This is regarding exercising of option for fixation of pay in the revised pay structure in terms of following provisions of CCS (RP) Rules, 2016:

Para 5 Save as otherwise provided in these rules, a Governments servant shall draw pay in the Level in the revised pay structure applicable to the post to which he is appointed.

Provisio 1: Provided that a Government servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increments the existing pay structure or until he vacats his post or ceases to draw pay in the existing pay structure.

Provisio 2: Provided further that in cases where a Government servant has been placed in a higher grade pay or scale between 1st day of January, 2016 and the date of notification of these rules on account of promotion or upgradation, the Government servant may elect switch over to the revised pay structure from the date of such promotion or upgradation, as the case may be.

2. Regarding the aforesaid provision, clarification was sought from Ministry of Finance/Dept. of Expenditure on the issue of exercising of option for fixation of pay by the government servants in 6th CPC Pay Structure till their promotion which falls after the date of notification of CCS (RP) Rules, 2016 (i.e. 25.07.2016).

3. Now, MoF(DoE) have issued clarification dated 19.03.2018 (copy enclosed) wherein it has been clarified that the option for fixation of pay in the revised pay structure after the date of notification of CCS (RP) Rules, 2016 i.e. 25.07.2016 cannot be exercised as Rule 5 of the said Rules provided for option only for promotion taking place upto 25.07.2016 (date of notification of the said Rules)

4. The clarification guidelines mentioned in para 3 above may please be adhered to.

sd/-
(Pawan Kumar)
Under Secretary

Government of India
Ministry of Finance
Department of Expenditure
(E.III.A Branch)

Reference: Notes at p. 9-10/n of Ministry of Defence (Finance) in its File No. 12012/2/2016-AG/PB read with notes at p. 4-5/n in File No. 2(2)/2017-D(Civ.I)

MOD(Finance) may please refer to their notes at p. 9-10/n in File No.12012/2/2016-AG/PB Seeking clarification of this Department as to exercising of option for fixation of pay by the Government Servants in 6th CPC Pay Structure till their promotion which falls after the date of notification of CCS(RP) Rules 2016 (i.e. 25.7.2016).

2. The above matter has been examined in this Department. It is clarified that the option for fixation of pay in the revised pay structure after the date of notification of CCS(RP) Rules 2016 i.e. after 25.7.2016 cannot be exercised, as Rule 5 of the said Rules provides for option only for promotion taking place up to 25.07.2016 (date of notification of the said Rules).

3. This issues with the approval of Joint Secretary (Personnel).

sd/-
(Ashok Kumar)
Under Secretary(E.III.A)

Source: http://cgda.nic.in/

Be the first to comment - What do you think?  Posted by admin - May 19, 2018 at 6:25 pm

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Policy for Removal of Non-Performing Civil Servants

“Removal of Non-Performing Civil Servants Under Fundamental Rules (FR) 56(j), Rule 48 of Central Civil Services (CCS) (Pension) Rule, 1972″

Policy for Removal of Non-Performing Civil Servants

The provisions under Fundamental Rules (FR) 56(j), Rule 48 of Central Civil Services (CCS) (Pension) Rule, 1972 and Rule, 16(3) (Amended) of All India Services (Death-cum-Retirement Benefits) [AIS (DCRB)] Rules, 1958 have laid down the policy of periodic review and premature retirement of non-performing Government servants.

Up to January, 2018, a total of 21,195 Group ‘A’ and 47,039 Group ‘B’ officers have been reviewed, out of which provisions of FR 56(j) and relevant rules were invoked/recommended against 83 Group ‘A’ and 128 Group ‘B’ officers, including 15 officers of All India Services.

This was stated by the Union Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr. Jitendra Singh, in written reply to a question in the Rajya Sabha today.

Source: PIB

Be the first to comment - What do you think?  Posted by admin - April 5, 2018 at 10:12 pm

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PERMISSION TO OPTION FOR PAY FIXATION IN THE REVISED PAY STRUCTURE ON A DATE AFTER THE DATE OF ISSUE OF CCS (REVISED PAY) RULES 2016

Option for Pay Fixation in Revised Pay Scale: Confederation

PERMISSION TO OPT FOR PAY FIXATION IN THE REVISED PAY STRUCTURE ON A DATE AFTER THE DATE OF ISSUE OF CCS (REVISED PAY) RULES 2016 NOTIFICATION DATED 25.07.2016 DEMAND OF THE JCM NATIONAL COUNCIL STAFF SIDE REJECTED BY GOVERNMENT.

JCM national council, Staff Side, has demanded that under the existing orders the option to come over to revised pay structure from the date of promotion is available only for those employees who are promoted before 25.07.2016. The staff side has demanded that such an option of fixation of pay for coming over to revised pay scale may be given to employees promoted after 25.07.2016 also. The staff side has contended that not giving such an option to an employee who was due for promotion on a date after 25.07.2016 (say on 26.07.2016) will be discriminatory. Government has considered the demand and rejected. The following is the reply of the Finance Ministry, Department of Expenditure.

(M. Krishnan)
Secretary General
Confederation
Mob: 09447068125
Email: mkrishnan6854@gmail.com

DEPARTMENT OF EXPENDITURE VIDE OM DATED 30.08.2017

The position on action taken in respect of item regarding permission to opt for pay fixation in the revised pay structure on a date after the issue of CCS (RP) Rules 2016 (notification on 25.07.2016) in the case of employees whose promotion becomes due after 25.07.2016 is given below:

In the said item the staff side has demanded that under the existing orders the option to come over to revised pay scale from the date of promotion is available only for those employees who are promoted before 25.07.2016, the date of notification of CCS (RP) Rules 2016. The staff side has demanded that such an option of fixation of pay for coming over to revised pay scale may be given to employees promoted after 25.07.2016 also. The staff side has contended that not giving such an option to an employee who was due for promotion on 26.07.2016 (one day after the date of notification) and afterwards will be discriminatory.

The revised Pay rules contained in CCS (RP) Rules 2016 are effective from 01.01.2016. A person holding a particular post as on 01.01.2016 has an option to come over to revised pay scale applicable to that post either straight away on 01.01.2016 or from a date later than that such an option is clearly mentioned in provisio 1 and provisio 2 of Rule 5. A combined reading of provisio 1 and provisio 2 to Rule 5 provided that a Government Servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure.

But, in cases where a Government servant has been placed in a higher grade pay or scale between 01.01.2016 and the date of notification of CCS (RP) Rules 2016 on account of promotion or upgradation, the Government servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation.

Therefore the rules provide while in respect of post held by a Government Servant as on 01.01.2016, the concerned Government Servant may elect to come over to revised pay scale applicable to that post either from 01.01.2016 or from a date later than 01.01.2016, in case he is promoted to a post not held by him on 01.01.2016 on a date later than that, then he can opt to come over to revised pay scale from the date of promotion provided such promotion takes place between 01.01.2016 and the date of notification. Thus the date of notification of the Rules on 25.07.2016 which are effective from 01.01.2016 is the outer limit for option in cases the option is from date of promotion. The similar was the provisions in the Rules pertaining to the 6th CPC in terms of CCs (RP) Rules 2008. This is the fair and time tested rule, as it seeks to allow option in case of promotion during the retrospective effect of the Rules. There has to be outer date and that date is the date of notification of CCS (RP) Rules 2016, which is objective and of fair application. No such objective date beyond 25.07.2016 could be of fair application.

Accordingly it is not possible to agree to the demand of the staff-side.

Source: Confederation

Be the first to comment - What do you think?  Posted by admin - March 17, 2018 at 5:15 pm

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Cases of promotion taking place in the pre-revised pay structure between 1.1.2006 and the date of notification of RS(RP)Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and feeder posts in a common grade – Fixation of Pay

Promotion between 1.1.2006 and the date of notification of 6th CPC & merger of pay scales of the promotional and the feeder posts: JCM writes to FinMin

Ph.: 23382286
National Council (Staff Side)
Joint Consultative Machinery
For Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E Mail : nc.jcm.np@gmail.com
Shiva Gopal Mishra
Secretary

No.NC/JCM/2018
Dated: January 18, 2018

The Secretary(Exp.),
Ministry of Finance,
Department of Expenditure,
New Delhi

Dear Sir,

Sub: Cases of promotion taking place in the pre-revised pay structure between 1.1.2006 and the date of notification of RS(RP)Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and feeder posts in a common grade – Fixation of Pay – Reg.

Ref.: (i) Deptt. of Expenditure, MoF’s OM No.7/14/2010-E.III(A) dated 05.07.2010 and OM No.F-2- 1/2015-E.III(A) dated 16.10.2015

Through this missive, your kind attention is drawn towards Department of Expenditure’s OM No.-F-2-1/2015-E.III(A) dated 16.10.2015, whereby it was decided that, in cases where promotion took place in the pre-revised pay structure during the period between 01.01.2006 and the date of notification of CCS(RP) Rule, 2008 and subsequently promotional grade merged with the feeder grade consequent upon promulgation of the CCS(RP) Rules, 2008, the benefit of pay fixation shall be allowed under Rule 13 of CCS(RP) Rules, 2008.

In this connection, it is stated that, some of the government employees, who have got promotion/financial upgradation between 01.01.2006 and date of notification of the CCS(RP) Rules, 2008, exercised their option to switch over to 6th CPC from the date of such promotion/financial upgradation instead of 01.01.2006 as per option provided vide Deptt. of Expenditure’s OM dated 05.07.2010, as the same was more beneficial to them at that time. In this connection, it is pertinent to mention here that, initially they opted to switch over to revised pay structure w.e.f 01.01.2006 prior to issuance of OM dated 05.07.2010.

Now, as per instruction of the Deptt. of Expenditure’s OM dated 16.10.2015, the benefit of pay fixation is being allowed under Rule-13 of CCS(RP) Rules, 2008, in those cases where promotional/financial upgradation took place in the pre-revised pay structure between 01.01.2006 and the date of notification of CCS(RP) Rule, 2008 and who opted 6th CPC w.e.f. 01.01.2006.

However, it has to come to our knowledge that, the benefit of pay fixation allowed under Rule-13 of CCS(RP) Rules, 2008, as per the provision of Deptt. of Expenditure’s OM dated 16.10.2015, is not being extended to those employee who have opted to switched over to the Railway Servant (RP) Rules, 2008 with effect from the date of promotional/financial upgradation instead of 01.01.2006 by exercising the option made available vide Deptt. of Expenditure’s OM dated 05.07.2010(as mentioned in para 2 above), although fulfilling other conditions for getting the benefit of fixation as per the instructions in Deptt. of Expenditure’s OM dated 16.10.2015.

It has also come to our knowledge that, some of the Railways have made a reference on this issue seeking clarification regarding extending the benefit of the above mentioned fixation to these employees after providing opportunity for re-option to switched over to the RS(RP) 2008 (or CCS(RP) Rule, 2008) w.e.f. 01.01.2006 instead of any subsequent date opted earlier. It is also understood that, Railway Board (Ministry of Railways) has referred this issue of revision of option to switch over to the 6th CPC in view of unforeseen events etc. to the Deptt. of Expenditure(Ministry of finance). Despite elapse of more than 12 months, no response has been received in this regard from Deptt. of Expenditure(Ministry of Finance) to resolve the genuine demands of these employees.

In this connection, it is stated that as these are the unforeseen developments or change of rule, the opportunity to revise option for fixation under the Rule of the CCS(RP) Rules, 2008 may be given to these employees in these conditions, as it is more beneficial for them as now. Had they were aware with the fact that any such benefit of pay fixation would be extended in future (as has been provided vide Deptt of Expenditure’s OM dated 16.10.2015), they would not have exercised their option to switch over to CCS(RP) Rules, 2008 w.e.f. from their respective dates of promotion/financial upgradation as per the option provided vide Deptt. of Expenditure’s OM dated 05.07.2010.

In view of the above, you are requested to issue necessary clarifications in this regard to all the Ministries/Departments of the Government of India, so that, the aggrieved staff should get the opportunity to re-exercise their option under rule-6 of CCS(RP) Rule, 2008 to switch over to CCS(RP) Rules, 2008 w.e.f. 01.01.2006 and get the benefit of pay fixation provided vide Deptt. of Expenditure’s OM dated 16.10.2015, so as to avoid financial loss to the affected staff.

With Regards!
(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)

Source : http://ncjcmstaffside.com/

Be the first to comment - What do you think?  Posted by admin - January 22, 2018 at 11:08 am

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Central Civil Services (Leave) Second Amendment Rules, 2017

Central Civil Services (Leave) Second Amendment Rules, 2017

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

NOTIFICATION

New Delhi, the 1st January, 2018

G.S.R.08(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 the 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) Second Amendment Rules, 2017.-(2) They shall come into force on the dale of their publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules. 1972 (hereinafter referred to as the said rules), in rule 54, in subrule (3), the words and subject to the other conditions laid down in rule 57 being satisfied, draw study allowance in respect thereof”‘ shall be omitted.

3. In the said rules, in rule 56,-

(a) in sub-rule (1) for the words “House Rent Allowance and Study Allowance as admissible in accordance with the provisions of Rules 57 to 60. the words and House Rent Allowance” shall be substituted.

(b) in sub-rule (4), the words “as envisaged in sub-rule (2) of Rule 57,” shall be omitted;

(c) sub-rule (5), shall be omitted.

4. In the said rules, rule 57, 58 and 59 shall be omitted.

5, In the said rules, in rule 60, in sub-rule (2), the words “and the Study Allowance” shall be omitted.

6. In the said rules, in rule 63, in sub-rule (1), in clause (i), the words “Study Allowance” shall he omitted.

[F.No.13023/1/2017-Estt.(L)]
GYANENDRA DEV TRIPATHI, Jt. Secy.

Note :

The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide number S.O.940 dated the 8th April, 1972 and have been subsequently amended as follows :

Source: DoPT

Be the first to comment - What do you think?  Posted by admin - January 12, 2018 at 1:45 pm

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Applicability of CCS (RP) Rules, 2016 to persons re-employed Government Service and whose pay is debitable to civil estimates

Applicability of CCS (RP) Rules, 2016 to persons re-employed Government Service and whose pay is debitable to civil estimates -reg.

No. Conf/Re-emp.Ex-Service/2016-19

Dated – 01.01.2018

Shri Ajay Narayan Jha,

Secretary
Department of Expenditure
Ministry of Finance, Government of India
Room No.129-A, North Block
New Delhi – 110001

Sub: Applicability of CCS (RP) Rules, 2016 to persons re-employed Government Service and whose pay is debitable to civil estimates -reg.

Ref : DoPT O.M. No. F.No. 3/3/2016-Estt.(Pay-II) dated 18.10.2017.

Sir,

1. Confederation of Central Government Employees and Workers has received numerous complaints from re-employed ex-servicemen on the matter of their initial pay fixation in the re-employed posts. We have taken up this case in the Standing Committee meeting of JCM National Council as an agenda item. Minutes of the Standing Committee meeting circulated in DOP & T OM No.3/3/2016-JCA dated 08-08-2017 is reproduced below:

“S.No.36 – Removal of ambiguity in fixation of pay of re-employed ex-servicemen and grant of the same benefit extended to commissioned officers to Personal Below Officers Rank (PBOR) also.

Reply: Establishment Division in their comments dated 28-03-2017 had stated that –

(i) The first issue relates to pay fixation on re-employment in Civil Services and Public Sector Banks etc. Department of Financial Services (DoFS) is stated to have clarified that pay fixation of ex-servicemen would be through protection of pay plus DA drawn by them at the time of release from the Armed Forces. DoFS orders provide that in addition to the pay fixed on re-employment, pension and other retirement benefits would also be allowed.

(ii) Establishment Division of DOP&T has clarified to Department of Posts that initial pay on re-employment in case of ex-servicemen who had held posts below Commissioned Officers and Civilians below Group-A, shall be fixed as per the entry pay in the revised pay structure of the re-employed posts applicable to the case of direct recruits appointed on or after 01-01-2006.

(iii) Staff side says there is contradictions in the two clarifications and, as a result of the ambiguity, one section has benefited (Personnel who are covered under the instructions of DoFS) while others are not (Personnel who are covered under the instructions of DoPT). JS(E) stated that they had received a number of grievances and the Department of Welfare of Ex-Servicemen had also raised this issue. Presently there are two formulations for pay fixation of ex-servicemen – one for Group-A Posts and another for others – which is not an ideal situation. It was stated that the same is under active consideration and a decision is likely shortly.”

We understand that it is in this background DOPT has circulated a revised draft proposal seeking opinion from other nodal Ministers. In that context, I would like to draw your kind attention to the succeeding facts and circumstances of the case.

History of Rules/ OMs Governing Pay-fixation on Re-Employment

2. Before delving into the above captioned subject, it would be prudent to retrace the evolution of statutory rules governing the initial fixation of pay of re-employed pensioners. The first comprehensive policy on the subject was issued by Department of Expenditure, MoF vide their O.M. No. 8(34)/Est. III/57 dated 25.11.1958 (Annexure-I) which when read in conjunction with Article 510-526 of Central Services Regulation (Annexure-II), inter-alia states that:-

(a) Re-employed pensioners should be allowed only the prescribed scales of pay, that is, no protected time scales such as those available to pre-1931 entrants should be extended to them.

(b) The initial pay, on re-employment should be fixed at the minimum stage of the scale of pay prescribed for the post in which an individual is re-employed. In cases where it is felt that the fixation of initial pay of the re-employed officer at the minimum of the prescribed pay scale will cause undue hardship, the pay may be fixed at a higher stage by allowing one increment for each year of service which the officer has rendered before retirement in a post not lower than that in which he is re-employed.

(c) In addition to (b) above the Government servant may be permitted to draw separately any pension sanctioned to him and to retain any other form of retirement benefit for which he is eligible e.g. Government’s contribution to a Contributory Provident Fund, gratuity, commuted value of pension, etc.

3. The said policy was in vogue till 30.07.1986, with suitable amendments from time to time in so far as the amount of pension to be ignored while fixing the pay in the re-employed post is as given below :-

4. However, the subject was transferred to DoPT in 1986, therefore, all subsequent instructions were issued under the aegis of DoPT. One such impugned instruction is the CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 issued vide DOPT OM No. 3/1/85-Estt. (Pay-II) dated 31.07.1986 (Annexure-VIII). The subject order has been subsequently amended by DOPT vide their O.M. No. 3/19/2009-Estt (Pay-II) dated 05.04.2010 (Annexure-XI), 08.11.2010 (Annexure-XII)and O.M. No. 3/3/2016-Estt (Pay II) dated 01.05.2017(Annexure-X). However, these orders have failed to incorporate ‘Hardship Clause’ for pay fixation in respect of PBORs which has resulted in lot of heartburn and anomalous situation of pay-fixation post 1986 order viz-a-viz pre-1986 retirees. The situation has worsened post implementation of the 6th CPC and the recent 7th CPC, causing large-scale upheaval among PBOR ex-servicemen and further resulting in unending litigation in various courts of law across the country. Confederation has submitted a representation in September 2015 addressed to Shri. Jithendra Singh, Minister for State, Department of Personnel explaining the above position and requested to review the DOP&T orders. The matter was taken up in JCM also as stated above. Under such circumstances, DoPT has now decided to formulate a new policy, for which they have sought comments of Department of Ex-servicemen Welfare, MoD, Department of Expenditure, MoF and Department of Pension and Pensioners Welfare. I would like to reiterate that unless there is a cogent reason, the policies affecting lives of millions of ex-servicemen should not be arbitrarily amended. This is especially evident from intentional/ unintentional omission of “hardship clause” from pay-fixation orders issued by DoPT which are at variance from the instructions issued by DoE till 1986.

5. It is also brought to the notice of Department of Expenditure that in view of large scale representation/litigation and discontent among re-employed ex-servicemen after issue of DoPT O.M.3/3/2016-Estt (Pay-II) dated 01.05.2017, Department of Ex-servicemen Welfare, MoD vide their O.M. No 28(11)2017/D (Res-I) dated 24.07.2017 (Annexure-XIII)had suggested DoPT to completely revive the provisions contained in DoE, MoF O.M. No. 8(34)/Est. III/57 dated 25.11.1958. But, the proposal of DESW stated in Para 6 of their above cited O. M. would only be beneficial only if status quo existed till 30.06.1986 is fully revived. In other words, any proposal to revive the 1958 Orders would be beneficial to re-employed ex-servicemen (PBOR) only if the entire pension is ignored for fixation of pay in the re-employed post, i.e. the pension is not to be taken into account while fixing the pay as per Ministry of Defence O.M. No. 2 (1)/83/D (Civ.I) dated 08.02.1983 and Ministry of Finance, Dept. of Expenditure No. F. 4 (3)-E. III (B)/82 dated 13.12.1983.

OPINION/ RECOMMENDATION OF THE CONFEDERATION

Computation of Pre-Retirement Pay for the purpose of Pay-Fixation

6. Similarly, the concept of pre-retirement pay (PRP) has undergone changes to the detriment of re-employed pensioners/ex-servicemen. It may be appreciated that Article 510 of Central Service Regulations, DoE O.M. 5(21)-Est. III(B)/64 dated 15.06.1964(Annexure XIV), DoPT O.M. No. 3/1/86-Estt (P.II) dated 31.07.1986 include all components of pay such as rank pay, increments of pay for length of service, Good Service Pay, Classification Pay and X-Group Pay as a part of PRP. However, the proposal sent by DoPT for comments only takes basic pay as PRP like Armed Forces Officers, while ignoring other components which are part of pension. It would be prudent to mention that PRP of Armed Forces Officer and Personnel Below Officer Rank (PBOR) has never been same and treating PRP of Armed Forces Officer as that of PBOR will not only create anomalous situation but also bring financial losses to PBOR.

Treatment of Military Service Pay.

7. It is submitted that as per Part I, Section-3 of Gazette Notification dated 30 August, 2008(Annexure XV), Cabinet Resolution accepted Military Service Pay (Serial 2 of Annexure I-Part A) as part of pay in respect of all defence forces and is to be counted for pay fixation and pension in accordance with Para 2.3.12 of 6th CPC Recommendations(Annexure XVI). However, Defence Ministry arbitrarily overridden the above aspect through their O.M. dated 24.07.2009. Accordingly, DOPT has denied the benefit of MSP to all defence pensioners whereas the said O.M. of MoD was meant only for military officers on their re-employment within Armed Forces. In this context, I humbly refer to enclosed judgment of Hon’ble Supreme Court of India on Civil Appeal No 3744 of 2016 dated 08.12.2017(Annexure XVII) on admissibility of MACP on similar lines. In this judgment, Hon’ble Supreme Court has held that cabinet decisions cannot be overridden/ modified through the means of any executive order. Hence, Department of Expenditure may like to take cognizance of this ruling while forwarding its views to DoPT. It is imperative that the issue of MSP while fixing PRP is handled now in the spirit of above judgment which would go a long way in avoiding future litigation.

Methods of Pay Fixation

8. Since, DoPT has proposed to consolidate, rationalise and simplify existing orders on pay fixation of re-employed ex-servicemen (including reservists and ex-combatant clerks) in a single policy framework, we as representatives of employees including re-employed ex-servicemen, being a major stake holder in the matter would like to suggest that pay fixation policy envisaged from 25.11.1958 to 30.06.1986 may be revived. Accordingly, all re-employed ex-servicemen may be given two options to exercise, whichever may be beneficial to them and the subject option shall have a retrospective effect since 31.07.1986 at the discretion of affected ex-servicemen, as under :-

(a) Option I – The initial pay, on re-employment shall be fixed at the minimum of the scale of pay prescribed for the post in which the individual is re-employed. After fixing the pay as above, in case the initial pay is lesser than the last pay drawn (pre-retirement pay), such cases are to be treated as causing undue hardship, the pay is to be fixed at a higher stage by granting one increment for each year of service rendered by him, so as to bring the initial pay at par with the pre-retirement pay. The pay so fixed is to be treated as “minimum of the pay scale”. In addition to the above, the government servant is permitted to draw pension and all other forms of retirement benefits including Dearness Relief on pension which he is eligible.

(b) Option II – The initial pay of a re-employed pensioner shall be fixed in the time scale of the re-employed post at a stage equivalent to the stage that would have been reached by putting in the Civil Posts, the number of completed years of service rendered in the posts in the Armed Forces. The pay so fixed will not be restricted to the ‘pre-retirement pay’. The pension (including pension equivalent retirement benefit) may be reduced from the pay so fixed after ignoring an amount of Rs.15000/- as proposed by DOPT. In addition to the above, the government servant is permitted to draw pension and all other forms of retirement benefits including Dearness Relief on pension which he is eligible. (The amount of ignorable part of pension and PEG for pensioners re-employed prior to 01.01.2016 will remain at Rs.4000/-).

9. It is requested that the proposals of this Confederation may kindly be considered on merit while formulating DoE views for onward submission to DoPT. I am hopeful that appropriate policy would be formulated in consonance with the spirit of government orders in vogue till 1986.

Thanking You

Encl: As stated.

Yours faithfully,

(M. Krishnan,)
Member, Standing Committee,
National Council JCM &
Secretary General,
Confederation of Central Government Employees & Workers.
Mob: 09447068125, Email: mkrishnan6854@gmail.com

Source – http://confederationhq.blogspot.in/

Be the first to comment - What do you think?  Posted by admin - January 2, 2018 at 11:36 am

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Restriction in conduct rules on investments by employees

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
RAJYA SABHA

UNSTARRED QUESTION NO-1223
ANSWERED ON-28.12.2017

 

Restriction in conduct rules on investments by employees

 

1223 . Shri Narayan Lal Panchariya

(a) whether there are any restrictions under relevant conduct rules on investments by Central Government employees in stock market/financial market instruments;
(b) if so, the details thereof and the reasons therefor;
(c) whether Government is considering any proposal for giving greater freedom to Central Government employees to invest in such instruments; and
(d) if so, the details thereof?

 

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (DR. JITENDRA SINGH)

 

(a) & (b): Yes Sir. Rule 16 of the Central Civil Services (Conduct) Rules, 1964, is relevant for investment by Central Government employees in stock/ financial market instruments. The provisions of Rule 16 are reproduced as under:

 

“(1) No Government servant shall speculate in any stock, share or other investment: Provided that nothing in this sub-rule shall apply to occasional investments made through stock brokers or other persons duly authorised and licensed or who have obtained a certificate of registration under the relevant law. Explanation – Frequent purchase or sale or both, of shares, securities or other investments shall be deemed to be speculation within the meaning of this sub-rule.”

 

(2) (i) No Government servant shall make, or permit any member of his family or any person acting on his behalf to make, any investment which is likely to embarrass or influence him in the discharge of his official duties. For this purpose, any purchase of shares out of the quotas reserved for Directors of Companies or their friends and associates shall be deemed to be an investment which is likely to embarrass the Government servant.

 

(ii) No Government servant who is involved in the decision making process of fixation of price of an Initial Public Offering or Follow-up Public Offering of shares of a Central Public Sector Enterprise shall apply, either himself or through any member of his family or through any other person acting on his behalf, for allotment of shares in the Initial Public Offerings or Follow-up Public Offerings of such Central Public Sector Enterprise.

 

(3) If any question arises whether any transaction is of the nature referred to in sub-rule (1) or sub-rule(2), the decision of the Government thereon shall be final.

 

(4) (i) No Government servant shall, save in the ordinary course of business with a bank or a public limited company, either himself or through any member of his family or any other person acting on his behalf,

 

(a) lend or borrow or deposit money, as a principal or an agent, to, or from or with, any person or firm or private limited company within the local limits of his authority or with whom he is likely to have official dealings or otherwise place himself under any pecuniary obligation to such person or firm or private limited company; or

 

(b) lend money to any person at interest or in a manner whereby return in money or in kind is charged or paid:

Provided that a Government servant may give to, or accept from, a relative or a personal friend a purely temporary loan of a small amount free of interest, or operate credit account with a bona fide tradesman or make an advance of pay to his private employee:

 

Provided further that nothing in this sub-rule shall apply in respect of any transaction entered into by a Government servant with the previous sanction of the Government.

 

(ii) When a Government servant is appointed or transferred to a post of such nature as would involve him in the breach of any of the provisions of sub-rule (2) or sub-rule (4), he shall forthwith report the circumstances to the prescribed authority and shall thereafter act in accordance with such order as may be made by such authority.

 

2. Further, vide O.M. No. 11013/6/91-Ests.(A) dated 8.04.1992 (copy enclosed), it was clarified that shares, securities, debentures etc. are treated as movable property for the purpose of Rule 18 (3) of the Central Civil Services (Conduct) Rules, 1964, which provides for intimation/ permission of an individual transaction, if the value of such transaction exceeds two months of basic pay of the Government servant.

 

(c) & (d): At present, there is no proposal under consideration of the Government for giving greater freedom to Central Government employees to invest in stock market/ financial market instruments.

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Classification of Posts under the CCS (CCA) Rules, 1965

7th CPC: Classification of Posts under the CCS (CCA) Rules, 1965 – DoPT OM dated 8.12.2017

 

F. No. 11012/ IO/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi – 110001
Dated: 8th December, 2017

OFFICE MEMORANDUM

Subject: Classification of Posts under the CCS (CCA) Rules, 1965.

 

The undersigned is directed to refer to this Department’s Order No. 8.0. 3578 (E) dated 9.11.2017 regarding classification of civil posts under CCS (CCA) Rules, 1965. As per this order, all civil posts except person serving in the Indian Audit and Accounts Department under the Union are classified as follows:

 


S.No.

Description of Posts

Classification of posts
(1) (2) (3)
1 A Central Civil Post carrying the pay in the Pay Matrix at the Level from 10 to 18 Group A
2 A Central Civil Post carrying the pay in the Pay Matrix at the Level from 6 to 9 Group B
3 A Central Civil Post carrying the pay in the Pay Matrix at the Level from 1 to 5 Group C

2. In some Ministries/ Departments, posts may exist which are not classified as per the norms laid down by this Department. If, for any specific reason, a Ministry/ Department proposes to classify the posts differently, it would be necessary for that Department to send a specific proposal to Department of Personnel and Training giving full justification in support of the proposal within three months of this O.M. so that the exception to the norms of classification laid down in 8.0. 3578 (E) dated 9.11.2017 (copy enclosed) can be notified.

 

3. Hindi version will follow.

(Nitin Gupta)
Under Secretary to the Government of India
Tel: 23040264

Source: DoPT

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FAQ: Timeline for completing Disciplinary proceeding in time bound manner under CCS (CCA) Rules, 1965.

FAQ: Timeline for completing Disciplinary proceeding in time bound manner under CCS (CCA) Rules, 1965.

F. No. 11012/09/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi – 110001
Dated 8th December, 2017

OFFICE MEMORANDUM

Subject: Frequently Asked Questions on timeline for completing Disciplinary proceeding in time bound manner under CCS (CCA) Rules, 1965.

Instructions have been issued in the past for expeditious disposal of disciplinary proceeding cases.  Further, Central Civil Services (Classification, Control & Appeal) Rules, 1965 have also been notified vide Gazette Notification No. 548(E) dated 2.06.2017 (copy enclosed) for introducing stringent timeline for  completing disciplinary proceeding in a time bound manner. Based on the same, a set of frequently asked questions is attached for necessary information.

2. Ministries/ Departments are requested to bring the contents of this O.M. to all concerned for compliance.

3. Hindi version will follow.

(Nitin Gupta)
Under Secretary to the Govt. of India
Tel: 23040264

To
The Secretaries of All Ministries/Departments
(as per the standard list)

Source: DoPT

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Recognition of Associations under CCS (Recognition of Service Association) Rules, 1993

Recognition of Associations under CCS (Recognition of Service Association) Rules, 1993

No.17/1/2017-R&R and DC
Government of India
Ministry of Personnel Public Grievances & Pensions
(Department of Personnel & Training)

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003
Dated: 11.10.2017

Office Memorandum

Subject: Recognition of Associations under CCS (Recognition of Service Association) Rules, 1993 – regarding.

The undersigned is directed to refer to OM of even number dated 06.09.2017 whereby five Associations – (i) Central Secretariat (Promotee) Group-B Officers’ Association, (ii) CSSS Gazetted Officers’ Association, (iii) CSSS Group-A Officers’ Association, (iv) Central Secretariat Stenographers’ Service Association and (v) Central Secretariat Employees Associations – were given one final opportunity to submit the documents/ applications by 20.09.2017, strictly as per OM of even number dated 29.06.2017.
2. In response, four associations except CSSS Group-A Officers’ Association have completed their application by submitting remaining documents by 20.09.2017.

3. Therefore, DDOs of all Cadre Controlling Authorities of the Central Secretariat are requested to deduct membership fee for the year 2017-18, in

respect of members of the following four Associations :

(i) Central Secretariat (Promotee) Group-B Officers’ Association (CSPGBOA);

(ii) CSSS Gazetted Officers’ Association;

(iii) Central Secretariat Stenographers’ Service Association;

(iv) Central Secretariat Employees Associations (CSEA).

4. It may please be noted that an employee can only be a member of one Association/ Union. Hence, it may please be ensured that membership fee of an

employee be deducted only for one Association/ Union.

5. It has been observed that (i) both CSMA and CSNGEU have MTS as their members, (ii) CSEA and CSNGEU have JSA, SSA, ASO as their members and (iii) CSEA, CSNGEU and CSPGBOA have promote ASO as their members. As such, membership fee of an employee may be deducted against one association/ Union only.

6. Further, DDOs are requested to provide details of members of an Association in proforma given below:

Name of Ministry/ Department/ Organisation :
Total < designation > enrolled in PBR : ________
SI.

No

Name Designation Employee

Code

Membership

fee deducted

7. Information in the aforesaid proforma may be prepared for each designation separately, and the same may please be made available to this department at the earliest.

(S.K. V andi)
Under Secretary to the Government of India

DDOs of all Ministries/ Departments
(list enclosed).

Source: Download pdf

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7th CPC – Special benefits in cases of death and disability in service – regulation and payment of Disability Pension/Family pension under Central Civil Service (Extraordinary Pension) Rules

7th CPC - Special benefits in cases of death and disability in service – regulation and payment of Disability Pension/Family pension under Central Civil Service (Extraordinary Pension) Rules

No.1/4/2016-P&PW (F)

Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-110003.
Dated : 02.08.2017.

OFFICE MEMORANDUM

Subject:   Special benefits in cases of death and disability in service – regulation and payment of Disability Pension/Family pension under Central Civil Service (Extraordinary Pension) Rules in implementation of recommendations of the 7th Central Pay Commission – regarding.

The undersigned is directed to say that orders have been issued for regulation of Pension/family pension for Government servants in implementation of recommendations of the 7th Central Pay Commission vide OM No.38/37/2016-P&PW(A)(i) dated 4.8.2016. There is no change in the formula for calculating disability pension and extraordinary family pension (EOP family pension) under CCS(EOP)Rules.

2.The extraordinary family pension/disability pension would continue to be calculated in accordance with schedule II of Central Civil Service (Extraordinary) Pension Rules. However, minimum Extraordinary family pension/disability pension with effect from 01.01.2016 falling under various categories would be as follows:-

I.Extraordinary Family Pension.

(i) For category B and C , where the deceased Government servant was not holding a pensionable post – Rs.11,700/- per month.

(ii) For category B and C , where the deceased Government servant was holding a pensionable post – Rs.18,000/- per month.

(iii)  For category D and E – Rs.18,000/- per month.

II. Disability Pension

For all categories ( ie. category 113,C,D’ and E” ) Rs.18,000 per month.

3. All other terms and conditions and procedure stipulated in Schedule II of Rule 9 and 10 of CCS(EOP) Rules, notified vide Notification No. S.0 410(E) dated 15.11.2011 will be the same.

4. This issues with the concurrence of the Ministry of Finance, Department of Expenditure ID No.30-1/33(iii)/2016-IC(Pt) dated 17/7/2017.

5. In so far as persons belonging to the Indian Audit & Accounts Department, these orders issue after consultation with the Comptroller & Auditor General of India.

6. Hindi translation of this OM follows.

S/d,
(Sujasha Choudhury)
Director
Tele: 24635979

Signed Copy

To

1. All Ministries/Departments of the Government of India as per standard distribution list.
2. Copy to President’s Secretariat/Vice President’s Secretariat/Prime Minister’s Office/Cabinet Secretariat/Supreme Court of India/ C&AG/UPSC, etc. as per standard endorsement list.

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Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of CCS (RP) Rules, 2016

7th CPC Promotion : Fixation of Pay on Promotion from the Date of Next Increment Option – Dopt Orders with Illustration

Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of CCS (RP) Rules, 2016-regarding.

No.13/02/2017-Estt.(Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi Dated 27th July, 2017

OFFICE MEMORANDUM

Subject: Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of CCS (RP) Rules, 2016-regarding.

Prior to implementation of 6th CPC Report, the pay fixation on promotion was governed by provisions of FR 22(I)(a)(1). In 6th CPC context, the first part of FR 22(I)(a)(1) was replaced by Rule 13 of CCS (RP) Rules, 2008. Similarly, consequent upon implementation of CCS (RP) Rules, 2016 in 7th CPC context, the pay fixation on promotion is regulated by the provisions of Rule 13 of CCS (RP) Rules, 2016. This rule regulates pay fixation on promotion if the same is opted by the employee from the date of promotion itself. The issue of relevancy of provisions of FR 22(I)(a)(1) as well as the methodology of fixation of pay on promotion to a post carrying duties and responsibilities of greater importance, of a Government Servant in case he opts for pay fixation from the Date of Next Increment (DNI) has been considered in this Department.

2. In this context, proviso under FR 22(I)(a)(1) inter-alia provides that the Government Servant (other than those appointed on deputation basis to ex-cadre post or on ad-hoc basis or on direct recruitment basis) shall have the option, to be exercised within one month from the date of promotion, to have the pay fixed under this rule from the date of such promotion or to have the pay fixed from the date of accrual of next increment in the scale of the pay in lower grade.

3. After due consideration in this matter, the President is pleased to decide as follows:

(i) FR 22(I)(a)(1) holds good with regard to availability of option clause for pay fixation, to a Government Servant holding a post, other than a tenure post, in a substantive or temporary or officiating capacity, who is promoted or appointed in a substantive, temporary or officiating capacity, as the case may be, subject to the fulfilment of the eligibility conditions as prescribed in the relevant Recruitment Rules,to another post carrying duties or responsibilities of greater importance than those attaching to the post held by him/her. Such Government Servant may opt to have his/her pay fixed from the Date of his/her Next Increment (either 1st July or 1st January, as the case may be) accruing in the Level of the post from which he/she is promoted, except in cases of appointment on deputation basis to an ex-cadre post or on direct recruitment basis or appointment/promotion on ad-hoc basis.

(ii) In case, consequent upon his/her promotion, the Government Servant opts to his/her pay fixed from the date of his/her next increment (either 1st July or 1st January, as the case may be) in the Level of the post from which Government Servant is promoted, then, from the date of promotion till his/her DNI, the Government Servant shall be placed at the next higher cell in the level of the post to which he/she is promoted.

promotion-chart

(iii) Subsequently, on DNI in the level of the post to which Government Servant is promoted, his//her Pay will be re-fixed and two increments (one accrued on accoun tof annual increment and the second accrued on account of promotion) may be granted in the Level from which the Government Servant is promoted and he/she shall be placed, at a Cell equal to the figure so arrived, in the Level of the post to which he/she is promoted; and if no such Cell is available in the Level to which he/she is promoted, he/she shall be placed at the next higher Cell in that Level.promotion-chart

(iv) In such cases where Government Servant opts to have his/her pay fixed from the date of his/her next increment in the Level of the post from which he/she is promoted, the next increment as well as Date of Next Increment (DNI) will be regulated accordingly.

4. It is further reiterated that in order to enable the officials to exercise the option within the time limit prescribed, the option clause for pay fixation on promotion with effect from date of promotion/DNI shall invariably be incorporated in the promotion/appointment order so that there are no cases of delay in exercising the options due to administrative lapse.

5. In so far as their application to the employees belonging to the Indian Audit and Accounts Department is concerned, these orders issue in consultation with the Comptroller &Auditor General of India.

sd/-

(Pushpender Kumar)

Under Secretary to the Government of India

Authority: www.dopt.gov.in

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Extension of Injury Leave beyond 28 months in factory accident case

BPMS correspondence for Hospital Leave in case of injury on duty

REF: BPMS / OFB / Leave / 57 (7/3/L)

Dated: 10.07.2017

To,
The Director IR,
Ordnance Factory Board,
10 A, S K Bose Road,
Kolkata – 700001

Subject: Extension of Injury Leave beyond 28 months in factory accident case.

Reference: Minutes of 21st SCM of JCM-III Level Council (OFB) held on 30.03.2017

Respected Sir,

Having gone through the minutes circulated vide OFB letter No.20/14/21(11)/A/IR, Dated 15.05.2017, it is observed that Secretary, Staff Side Shri R Srinivasan has raised the issue that the employee who met with an accident while on duty is being granted hospital leave upto 120 days with full pay and thereafter he may be granted half pay leave upto 28 months. But after 28 months there is no benefit, no pay is allowed because there is no provision of half pay leave. Minutes further states that the matter has been taken up with MoD wide OFB letter No. 1240/Per/Policy/Accident, Dated 24.06.2016.

In this regard, it is submitted that Rule 46 of CCS (Leave) Rules, 1972 & Article 291 of Civil Service Regulations deals with the Hospital Leave.

As per Rule 46 of CCS (Leave Rules) the authority competent to grant leave may grant hospital leave to Class IV & Class III Government servants, while under medical treatment in a hospital or otherwise, for illness or injury not exceeding 28 months. Hospital Leave may be granted for 120 days equal to earned leave and the remaining period will be equal to half pay leave.

Min of Defence ID No. 11(13)(60)1511/D(Civ-II), Dated 10.02.1961 under Article 291 of CSR states that it has been decided in modification of the provisions of Article 291, Civil Service Regulations that hospital leave may be granted upto 03 months on full pay or six months on half pay in any period of three years to all class IV Government servants and also to those class III Government servants whose duties involve handling of dangerous machinery, explosive materials, poisonous drugs, etc. or the performance of hazardous tasks.

Further, it states that Industrial staff will also be entitled to hospital leave in the same manner as indicated above. Subsequently, vide MoD ID No. 11(13)60/5678/D (Civ-II), Dated 28.05.1962 it was clarified that all categories of staff other than Gazetted Officers in the Defence Establishments will be entitled to hospital leave.

Further, MoD issued Memo No. 11(6)67/5255/D(Civ-II), Dated 15.05.1967 which reads as under:-

“The Government has had under consideration for some time the question of removing the restrictions on the quantum of hospital leave to Government servants who suffer illness or injury directly due to risks incurred in the course of their official duties.

The President is now pleased to decide that the categories of the Defence civilians eligible for this kind of leave in terms of Defence Ministry‟s Office Memorandum No. 11(13)/60/1511/D(Civ-II), Dated 10.02.1961 and 11(13)/60/5678/D(Civ-II) , dated 28.05.1962 will be entitled to hospital leave without any restriction on the quantum of leave. This kind of leave can be granted for such period as is considered necessary by the authority competent to grant it.

The decision takes effect from 31.03.1967.

Article 291 Civil Services Regulations will be amended in due course.”

From above, it may be deduced that all the employees (upto Non-Gazetted) of Ord Fys are entitled for hospital leave without any restriction on the quantum of leave if he met with accident while on duty.

Therefore, you are requested to issue necessary clarification to resolve the issue without further delay.

Thanking you.

Sincerely yours
S/d,
(MUKESH SINGH)
Secretary/BPMS & Member,
JCM-II Level Council (MOD).

Signed Copy

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Recognition of Service Associations under the CCS (Recognition of Service Associations) Rules, 1993

Recognition of Service Associations under the CCS (Recognition of Service Associations) Rules, 1993.

PRIORITY

No. 17/1/2017-R&R and DC
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110 003.
Date: 29.06.2017

Office Memorandum

Subject: Recognition of Service Associations under the CCS (Recognition of Service Associations) Rules, 1993.

The undersigned is directed to say that recognition of Central Secretariat Service Associations expired in 2013 on completion of a period of five years. Since 2012, this department has consistently pursuing renewal of their recognition by re-verification of required membership under extant rules. In spite of all efforts, it could not be ascertained. Service Associations have also failed to prove that they have required members for re-verification and renewal of their recognition.

2. As such, the matter has been examined again and as decided, recognition of all five Service Associations (i.e. Central Secretariat Clerical Service Association, Central Secretariat Non-Gazetted Employees’ Union, Central Secretariat Stenographers’ Service Association, Central Secretariat Staff Car Drivers’ Association & Central Secretariat Stenographers’ Service Gazetted Officers’ Association) is, hereby, annulled.

3. Now, Associations/Group of employees belonging to the Central Secretariat Services, Central Secretariat Stenographers’ Service, Central Secretariat Clerical Service etc., who wish to seek recognition under the CCS(Recognition of Service Association) Rules, 1993 may submit their application for recognition by 31st July, 2017. Associations which have earlier applied are also required to submit fresh applications. The applications may be sent to this Department along with the following documents :

(a) Memorandum of Association (MOA);
(b) Constitution / Bye-laws of the Association;
(c) Names of Office-bearers of the Associations along with their designation, elected from the cadre(s) the Association represents;
(d) Ministry/Department wise list of estimated membership of the Association

2. Constitution / Bye-laws of the Association must be in conformity with the CCS(Recognition of Service Associations) Rules, 1993. For the sake of convenience, the salient features of the Constitution are re-iterated in the Annexure.

3. Recognition will be accorded to the Association on fulfilling the conditions prescribed in the aforesaid rules and orders instructions issued thereunder from time to time.

4. All Cadre Controlling Authorities of the Central Secretariat are
requested to give wide publicity to the contents of this Office Memorandum, so that the Service Associations of the Central Secretariat may submit their applications by 31st July, 2017.

5. Application(s) received after 31st July, 2017 will not be entertained and will be returned as received.

(S.K. Mandi)

Under Secretary to the Government of India

Source: DoPT

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Implementation of CCS (RP) Rules 2016 : Clarification regarding exercise of option under Rule 5

7th CPC Pay Fixation on Promotion/MACP after 01.01.2016: Clarification reg CCS (RP) Rules 2016 Rule 5 & FR 22(1)(a)(i) by CGDA

Important Circular

GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS (FYS)
AN-PAY Section
10-A, S.K. BOSE ROAD, KOLKATA: 700001

NO. 115/AN-PAY/V/7th CPC

Date: 21/06/2017

To
All CFAs(Fys)/ All Branch Accounts offices
All Sections of Main Office
RTC Kolkata/CIA Kolkata

Subject : - Implementation of CCS (RP) Rules 2016 : Clarification regarding exercise of option under Rule 5.
Reference :- HQrs office, New Delhi letter No AT/II/2702/Clar dated 28/04/2017.

Reference is invited towards HQrs. Office communication cited above (copy enclosed), under which it has been clarified with an illustration that officials promoted or granted MACP between 01/01/2016 to the date of notification of CCS (RP) Rules, 2016 may opt to enter the 7th CPC after availing benefit of promotion under 6th CPC.

2. Further, attention is also invited towards HQrs. Office communication bearing No. AN/X1V/14164/7th CPC/Corr/Vol-l dated 16/12/2016 (copy enclosed) addressed to CDA Secunderabad with a copy to CDA, 1T & SDC, Secunderabad regarding fixation of pay under 7th CPC in light of implementation of FR 22 (1)(a)(l) vide Gol, Dept. of Expenditure (1C) OM dated 29/09/2016 for implementation those who are actually entitled.

3. In view of the above, it is requested to obtain option form and undertaking from the eligible officials fall under the issues explained vide ibid HQrs. Office communications and be forwarded to this office for further necessary action at this end.

Encl : As stated above.

(S K Ghosh), IDAS
Asst. Controller of Accounts (Fys.)

Office the Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt-110011

No. AT/II/2702/Clar Dated: 28 Apr 2017

To
All PCsDA/CsDA/PCA (Fys)/CFA (Fys)
(Through NIC mail server)

Subject: Implementation of CCS (RP) Rules 2016: Clarification regarding exercise of option under Rule 5.
Reference: This office UO Note of even No dated 28-02-2017,

As per this office UO Note cited above, the issue of availability of option to enter the 7th CPC w.e.f. 01-07-2016 (i.e., from the date of next increment in terms of proviso 1 of rule 5) to those employees who have got promotion/upgradation in a higher grade between 1st day of January, 2016 and the date of notification of CCS (RP) Rules 2016 had been referred to MoD along with an illustration (given below) of pay fixation of an employee who got financial upgraradation on 17-01-2016 in the grade pay of Rs 5400/- (PB2); MoD was requested to examine the issue and clarify the matter w.r.t. illustrative pay fixation.

2. The illustrative pay fixation forwarded to MoD/ D (Civ-I) is as follows:

7th-CPC-Pay-Fixation-Promotion-MACP-CGDA
Pay as on 01-01-2016 in the pre-revised pay structure in PB 2 (Rs 19300-34800) with grade pay Rs 4800/- Rs 25080/- (20280 +4800)
Date of grant of MACP in PB 2 with grade pay Rs 5400/- 17-01-2016
Pay fixed wef 01-07-2016 by granting difference of grade Rs.25680/- (20280 +5400)
Pay on 01-07-2016 on accrual of annual increment @ 3% of Rs 25080/- (20280 + 4800) {Rs 7524 rounded off to Rs.760/-} Rs 25840/- (21040 +4800)
Promotional increment @ 3% on grant of MACP on 01-07-2016 Increment Rs 775.2 rounded off to Rs 780/-
Pay fixed w.e.f. 01-07-2016 in the pre-revised structure in PB 2 (Rs. 9300-34800) by granting promotional increment Rs 27220/- (21820 + 5400)
Amount arrived at by multiplying the existing pay as on 01.07.2016 with the fitment factor of 2.57 (the individual opted for fixation of pay under CCS (RP) Rules 2016 w.e.f. 01-07-2016) Rs. 69855.4
Revised pay fixed as Per Rule 7 of CCS (RP) Rules 2016 in the new pay matrix in level 9 w.e.f. 01-07-2016 Rs 71300/-

3. Now MoD/ D(Civ-I) has intimated that the illustrative pay fixation as provided above seems to be correct and in consonance with the provisions mentioned in CCS (RP) Rules, 2016.

4. Affected cases may be dealt with accordingly.

This has the approval of Addl CGDA (PP&W).

(Vinod Anand)
Sr ACGDA (P&W)

CGDA, Ulan Batar Road, Palam, Delhi Cantt.-110010

No. AN/XIV/14142/Seventh CPC/Vol-I

Dated: 16/12/2015

To
The CDA
No.1. Staff Road,
Secunderabad-09.

Subject: 7th CPC Pay Fixation – Tulip – publicaction of Pt.II.O.O. – Reg.
Reference: Your Office letter No.AN/PAY/5005/FF/2016 dated 23-11-2016,

The pay fixation-proposed at Annexure A of your letter cited under reference in respect of Sh. A.K. Banerjee SAO was examined in the light of extant provisions orders on the above subject and it is intimated that based on the information provided by your office, the methodology adopted seems to be correct. Further, the GoI, Dept. of expenditure (IC) OM dated 29.09.2016 and provisions of FR 22(i)(a)(1) are also self explanatory to deal with such cases.

2. In the light of above, it is requested to take up the issue with CDA IT & SDC also for making necessary amendments/provisions in TULIP Programme in line with the methodology shown in Annexure A of your letter to avoid any discrepancies in pay fixation. Action taken report in this regard may be intimated urgently alongwith copy of the Pt.II O.O. for pay fixed under rules.

This has the approval Sr. Dy.CGDA(AN).

(Ajay Goel)
For CGDA

Annexure-A

Letter No. No.AN/Pay/5005/PF/2016 Dt. 22.11.2016.

Name : Sh. A.K. Benerjee, Accounts Officer

Pay as on 31.12.2015 : 24260+5400 (level 9)

Promotion : SAO (01.04.2016)

7th CPC Option : 01.01.2016.

FR22(1)(a)(1)Option : DNI.

1 Level in the revised Pay structure: 9. Pay Band 9300-34800 : 15600-39100
2 Basic Pay in the Revised Pay: 77900 (01.01.2016) Grade Pay 4800 5400 5400 6600
Level 8 9 10 11
3 Granted SAO Promotion on 01.04.2016 in Level 10. 10 62200 69200 73200 88400
11 64100 71300 75400 91100
12 66000 73400 77700 93800
4 Pay raised to Rs.80000 as on 01.04.2016 in Level 10: Since opted FR 22 1(a)(1) DNI in the lower scale. 13 68000 75600 80000 96600
14 70000 77900 82400 99500
15 72100 80200 84900 102500
5 Pay in the upgraded Level i.e. Level 10: 84900 on 01.07.2016 as per his FR 22(a)(1) option, after giving promotion increment and annual increment in the lower Scale 16 74300 82600 87400 105600
17 76500 85100 90000 108800
18 78800 87700 92700 112100

Sr. Accounts Officer (AN)

Source: http://pcafys.nic.in/files/CCS(RP)Rules22617_2.pdf

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Review of CSS/CSSS officers up to SO/PS level under FR 56(j) and Rule 48 of CCS (Pension) Rules, 1972

Review of CSS/CSSS officers up to SO/PS level under FR 56(j) and Rule 48 of CCS (Pension) Rules, 1972

F.No.21/19/2015-CS.I(P)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

2nd Floor, Lok Nayak Bhawan,
Khan Market,
New Delhi-110003
Dated the June 15th, 2017.

OFFICE MEMORANDUM

Subject: Review of CSS/CSSS officers up to SO/PS level under FR 56(j) and Rule 48 of CCS (Pension) Rules, 1972 -reg.

References have been received from Ministry of Social Justice & Empowerment vide their O.M. in December, 2016, Ministry of Mines vide their O.M. dated 20.01.2017 and Ministry of Urban Development vide their O.M. dated 11.01.2017 on the above mentioned subject. The same were examine with reference to the guidelines with regard to periodical review under FR 56 (j) outlined by Establishment Division of DoPT vide their O.M. dated 11.09.2015 (copy enclosed).

2. To ensure uniformity in periodical review under FR 56 (j) and Rule 48 of CCS (Pension) Rules, 1972, attention is invited to para 9 of the aforesaid O.M. which clearly mentions that Secretaries of the Ministries/Departments are also empowered to constitute Internal Committee which will be headed by the Secretary of the Ministry/Department concerned to review periodically the performance of the officers qualifying under FR 56 (j).

3. While doing the periodical review under FR 56 (j) and Rule 48 of CCs (Pension) Rules, 1972, the cases should be examined taking into account the entire service records in terms of para 3 of the aforesaid O.M. A 15 column format (copy enclosed) which was annexed to this Department’s DO letter of even No.3/8/2015-CS.I(D) dated 26.02.2016 may be utilized for conducting the periodical review.

4. The timelines as mentioned in the aforesaid O.M. may be strictly adhered to.

5. The above instructions are applicable with respect to periodical review of officers only up to SO/PS level of CSS/CSSS Cadre.

(K. Srinivasan)
Under Secretary to the Government of India

Source: www.dopt.gov.in

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CCS (CCA) Amendment Rules 2017 – Dopt Orders on 2.6.2017

CCS (CCA) Amendment Rules 2017 – Dopt Orders on 2.6.2017

The Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2017

THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)]
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 2nd June, 2017

G.S.R. 548(E). In exercise of the powers conferred by the proviso to article 309 and 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 (Classification, Control and Appeal) Rules, 1965, namely:-

1. (1) These rules may be called the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2017.

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

2. In the Central Civil Services (Classification, Control and Appeal) Rules, 1965,-

1. in rule 14,-
(i) for sub-rule (4), the following sub-rule shall be substituted, namely :-

(4) (a) The Disciplinary Authority shall deliver or cause to be delivered to the Government servant a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article or charges is proposed to be sustained.

(b) On receipt of the articles of charge, the Government servant shall be required to submit his written statement of defence, if he so desires, and also state whether he desires to be heard in person, within a period of fifteen days, which may be further extended for a period not exceeding fifteen days at a time for reasons to be recorded in writing by the Disciplinary Authority or any other Authority authorised by the Disciplinary Authority on his behalf: Provided that under no circumstances, the extension of time for filing written statement of defence shall exceed forty-five days from the date of receipt of articles of charge.

(ii) for sub-rule (13), the following sub-rule shall be substituted, namely:

(13) On receipt of the requisition referred to in sub-rule (12), every authority having the custody or possession of the requisitioned documents shall produce the same or issue a non-availability certificate before the Inquiring Authority within one month of the receipt of such requisition: Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the Inquiring Authority accordingly and the Inquiring Authority shall, on being so informed, communicate the information to the Government servant and withdraw the requisition made by it for the production or discovery of such document’s.

(iii) after sub-rule (23), the following sub-rule shall be inserted, namely:

(24) (a) The Inquiring Authority should conclude the inquiry and submit his report within a period of six months from the date of receipt of order of his appointment as Inquiring Authority.

(b) Where it is not possible to adhere to the time limit specified in clause (a), the Inquiring Authority may record the reasons and seek extension of time from the disciplinary authority in writing, who may allow an additional time not exceeding six months for completion of the Inquiry, at a time.

(c) The extension for a period not exceeding six months at a time may be allowed for any good and sufficient reasons to be recorded in writing by the Disciplinary Authority or any other Authority authorised by the Disciplinary Authority on his behalf;

II. in rule 16,-
(i) in sub-rule (1), in clause (b), for the words, brackets and figure sub-rules (3) to (23) of rule 14, the words, brackets and figure sub-rules (3) to (24) of rule 14”shall be substituted;

(ii) in sub-rule (1-A), for the words, brackets and figure sub-rules (3) to (23) of rule 14, the words, brackets and figure sub-rules (3) to (24) of rule 14 shall be substituted;

III. in rule 19, in the second proviso, after the words against the advice of the Commission, the words within the time limit specified in clause (b) of sub-rule (3) of rule 15, shall be inserted;

IV. in rule 27, in sub-rule (2), in the proviso, in clause (i) after the words against the advice of the Commission, the words “within the time limit specified in clause (b) of sub-rule (3) of rule 15,” shall be inserted;

V. in rule 29, in sub-rule (1), in the first proviso, after the words “against the advice of the Commission”, the words “within the time limit specified in clause (b) of sub-rule (3) of rule 15,” shall be inserted;

VI. in rule 29-A, in the proviso, after the words “against the advice of the Commission”, the words “within the time limit specified in clause (b) of sub-rule (3) of rule 15,” shall be inserted.

[F. No. 11012/9/2016-Estt.A-111]

GYANENDRA DEV TRIPATHI, Jt. Secy.

Authority: www.dopt.gov.in

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Introduction of Annual Medical Examination for CHS and Dental doctors of the age of 40 years and above on the lines of Annual Medical Examination for other Group ‘A’ officers of Central Civil services

Introduction of Annual Medical Examination for CHS and Dental doctors of the age of 40 years and above on the lines of Annual Medical Examination for other Group ‘A’ officers of Central Civil services

No. A28012/08/2017-APAR
Government of India
Ministry of Health & Family Welfare
(CHS-Division)

Nirman Bhawan, New Delhi-1100011
Dated the 27th April, 2017

OFFICE MEMORANDUM

Subject: Introduction of Annual Medical Examination for CHS and Dental doctors of the age of 40 years and above on the lines of Annual Medical Examination for other Group ‘A’ officers of Central Civil services.

The undersigned is directed to draw attention to the Office Memorandum No 21011/ 1/ 2009-Estt. (A) part dated 13t February 2012 issued by Department of Personnel and Training read with Office Memoranda of even No dated 2oth March 2013 and 15th January 2015 vide which Annual Medical Examination has been introduced for Group ‘A’ officers of Central Civil services of age 40 years and above. The scheme of Annual Medical Examination has been considered by this Ministry in respect of CHS and Dental doctors and it has been decided to introduce the said scheme for CHS and Dental doctors of the age of 40 years and above on the lines prescribed by DoPT in OMs referred above (copy enclosed).

2. The Annual Medical Examination may be conducted in the hospitals empanelled by the Ministry from time to time at the rates of Rs. 2000/- for male officers and Rs. 2200 / – for female officers who visit the hospital / institute with the requisite permission letter from their Competent Authority. The expenditure incurred for this purpose shall be reimbursed by the concerned organization as per the prescribed rate or actual whichever is lower.

3. The list of medical tests for the above purpose is as per Annexure-I. The proforma for Health Check up for CHS and Dental doctors is annexed as Annexure II. The Summary of the Medical Report is to be prepared separately by the Medical Authority in the prescribed format i.e. Annexure III. The summary of Medical Report is to be enclosed by the officer concerned in his APAR.

4. In non CGHS areas, the number of hospitals empanelled under CS (MA) Rules being relatively lower, different offices may identify one or more hospitals locally and refer the officers to such hospitals for medical examination as per the prescribed schedule and rates. State Government hospitals and semi-Govt. / Public Sector Undertaking (PSU) hospitals may also be contacted for the purpose.

(Lalit Kumar)
Under Secretary to Government of India

Source: mohfw

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Applicability of Central Civil Services (Revised Pay) Rules, 2016 to persons re-employed in Government Service after retirement and whose pay is debitable to Civil Estimates

Applicability of Central Civil Services (Revised Pay) Rules, 2016 to persons re-employed in Government Service after retirement and whose pay is debitable to Civil Estimates

Central Civil Services (Revised Pay) Rules, 2016

No. 3/3/2016-Estt. (Pay II)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training

North Block, New Delhi
Dated 1 .05.2017

OFFICE MEMORANDUM

Subject: Applicability of Central Civil Services (Revised Pay) Rules, 2016 to persons re-employed in Government Service after retirement and whose pay is debitable to Civil Estimates

The pay fixation of re-employed pensioners on re-employment in Central
Government, including that of Defence Forces personnel/officers, is being done in accordance with Central Civil Services (Fixation of Pay of Re-employed Pensioners) Orders, 1986, issued vide this Department’s O.M. No. 3/1/85-Estt. (Pay II) dated 31st July, 1986 (as revised from time to time). Persons re-employed in Government service after retirement have been excluded from the purview of the Central Civil Services (Revised Pay) Rules, 2016 vide Rule 2 (2)(vii) thereof. The question of extension of the benefit of the revised pay rules to these persons and the procedure to be followed for fixing their pay in the revised pay structure has been considered by the Government. The President is pleased to decide that, in partial modification of the Rule 2 (2)(vii) of the Central Civil Services (Revised Pay) Rules, 2016, the provisions of these rules shall apply to such persons also who were in / came into re-employment on or after 1 st
January, 2016, subject to the orders hereinafter contained. This decision will cover all Government servants re-employed in Central Civil Departments other than those employed on contract except where the contract provides otherwise, whether they have retired with or without a pension and/or gratuity or any other retirement benefits, e.g. contributory fund etc. from a civil post or from the Armed Forces.

2. Re-employed persons who become eligible to elect revised pay structure in accordance with these orders should exercise their option in the manner laid down in Rule 5 and 6 of the Central Civil Services (Revised Pay) Rules, 2016, within three months of the date of issue of these orders or in cases where the existing scales of pay of the posts held by them are revised subsequent to the issue of these orders, within three months of the date of such order.

Fixation / drawal of pay of Personnel / Officers re-employed prior to 01.01.2016 and who were in re-employment as on 01.01.2016:

3 (a) The initial pay of a re-employed Government servant who elects or is deemed to have elected to be governed by the revised pay structure from the 1 st day of January, 2016 shall be fixed according to the provisions of Rule 7 of the C.C.S. (R.P.) Rules, 2016, if he/she is-

(i) a Government servant who retired without receiving a pension, gratuity or any other retirement benefit and
(ii) a retired Government servant who received pension or any other retirement benefits but which were ignored while fixing pay on re-employment.

3(b) The initial pay of a re-employed Government servant who retired with a pension or any other retirement benefit and whose pay on re-employment was fixed with reference to these benefits or ignoring a part thereof, and who elects or is deemed to have elected to be governed by the revised structure from the 1 st day of January, 2016 shall be fixed in accordance with the provisions contained in Rule 7 of the Central Civil Services (Revised Pay) Rules, 2016. Pension (excluding the ignorable portion of pension, if any), as defined in para 3(1) of CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 admissible on relevant date, i.e. date of coming over to the revised pay structure, effective from 1.1.2016 or later, shall be deducted from his / her pay in accordance with the general policy of the Government on fixation and subsequent drawal of pay of re-employed pensioners.

3(c) In addition to the pay so fixed, the re-employed Government servant would continue to draw the retirement benefits he / she was permitted to draw in the prerevised scales, as modified based on the recommendations of the Seventh Central Pay Commission, orders in respect of which have been issued separately by the Department of Pension & Pensioners’ Welfare.

3(d) Where a re-employed Government servant elects to draw his / her pay in the existing pay structure and is brought over to revised pay structure from a date later than the 1st day of January, 2016, his /her pay from the later date in the revised scale shall be fixed in accordance with the provisions of Rule 11 of the Central Civil Services (Revised Pay) Rules, 2016.

4. Further, the existing ceiling of Rs. 80,000/- for drawal of pay plus gross pension on re-employment is enhanced to Rs.2,25,000/-, the maximum basic pay prescribed for Secretary to the Government of India under Central Civil Services (Revised Pay) Rules, 2016.

Ignorable part of Pension

5. The President is also pleased to enhance the ignorable part of pension
from Rs. 4000/- to Rs. 15,000/- (Rupees Fifteen Thousand) in the case of Commissioned Service Officers and Civil Officers holding Group ‘A’ posts who retire before attaining the age of 55 years. The existing limits of civil and military pensions to be ignored in fixing the pay of re-employed pensioners will, therefore, cease to be applicable to cases of such pensioners as are re-employed on or after 1.1.2016.

6. In the case of persons who were already on re-employment as on 01.01.2016, the pay may be fixed on the basis of these orders, with effect from the date of coming over to the new pay structure, i.e. 01.01.2016 or later, as per the option exercised by them in terms of para 2 above. In such case, their terms would be determined afresh as if they have been re-employed for the first time from such date of coming over to the
new pay structure.

Fixation / drawal of pay of employees appointed on re-employment basis on or after 1stday of January, 2016

7. Pursuant to the introduction of the system of Pay Matrix vide the Central Civil Services (Revised Pay) Rules, 2016, the President is further pleased to amend the relevant provisions of CCS (Fixation of Pay of re-employed Pensioners) Orders, 1986 in the manner indicated below:

Existing provision (1986 Orders read with OM dated 5th April 2010) Revised provision
Para 4(a): Re-employed pensioners shall be allowed to draw pay only in the prescribed pay scale/pay structure of the post in which they are re-employed. No protection of the scales of pay/pay structure of the post held by them prior to retirement shall be given.Note: Under the provisions of CCS (RP) Rules, 2008, revised pay structure comprises the grade pay attached to the post and the applicable pay band. Order 4(a): Re-employed pensioners shall be allowed to draw pay only in the Level in the revised pay structure applicable to the post in which they are re-employed. No protection of the scales of pay/pay structure of the post held by them prior to retirement shall be given.Note: Revised pay structure in relation to a post will be as defined in Rule 3(ix) of the Central Civil Services (Revised Pay) Rules, 2016.
Para 4(b)(i): In all cases where the pension is fully ignored, the initial pay on re-employment shall be fixed as per entry pay in the revised pay structure of the re-employed post applicable in the case of direct recruits appointed on or after 1.1.2006 as notified vide Section II, Part A of First Schedule to CCS (RP) Rules, 2008. Order 4(b)(i): In all cases where the pension is fully ignored, the initial pay on re-employment shall be fixed as per Rule 8 of the Central Civil Services (Revised Pay) Rules, 2016.Note 1: The case where pension is fully ignored is given in Order 4 (d) below.

Note 2: Pension is fully ignored means that pension is not deducted from pay.

Para 4(b)(ii): In cases where the entire pension and pensionary benefits are not ignored for pay fixation, the initial basic pay on re-employment shall be fixed at the same stage as the last basic pay drawn before retirement. However, he shall be granted the grade pay of the reemployed post. The maximum basic pay cannot exceed the grade pay of the reemployed post plus pay in the pay band of Rs.67000 i.e. the maximum of the pay band PB-4. In all these cases, the nonignorable part of the pension shall be reduced from the pay so fixed.Illustration

A Colonel who retired with basic pay of Rs.61700 (grade pay Rs.8700; pay in the pay band Rs.53000) is re-employed as a Deputy Secretary in an organization with grade pay of Rs.7600. In this case, on reemployment, his basic pay will continue to be Rs.61700. However, his grade pay on re-employment will be Rs.7600 and the pay in the pay band Rs.54100. Thereafter, the non-ignorable part of the pension will be reduced from the pay so fixed.

Note: In the revised pay structure, basic pay is pay in the pay band plus the grade pay attached to the post.

Order 4(b)(ii): In cases where the entire pension and pensionary benefits are not ignored for pay fixation, the initial basic pay on re-employment shall be fixed at the same stage as the last basic pay drawn before retirement. If there is no such stage in the re-employed post, the pay shall be fixed at the stage next above that pay. If the maximum pay in the Level applicable to the post in which a pensioner is reemployed is less than the last basic pay drawn by him before retirement, his initial basic pay shall be fixed at such maximum pay of the re-employed post. Similarly, if the minimum pay in the Level applicable to the post in which a pensioner is reemployed is more than the last basic pay drawn by him before retirement, his initial basic pay shall be fixed at such minimum pay of the re-employed post. However, in all these cases, the non-ignorable part of the pension shall be reduced from the pay so fixed.Note 1: Revised pay structure in relation to a post will be as defined in Rule 3(ix) of the Central Civil Services (Revised Pay) Rules, 2016.

Note 2: “Basic Pay” in the revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix.

Note 3: Last pay drawn shall be as per definition of pre-retirement pay in terms of Order 3 of the CCS (Fixation of Pay of reemployed Pensioners) Orders, 1986, read with DoPT OM No. 3/19/2009-Estt.(Pay-II) dated 8th November 2010.

Para 4(c): The re-employed pensioner Order 4(c): No change will, in addition to pay as fixed under Para (b) above shall be permitted to draw separately any pension sanctioned to him and to retain any other form of retirement benefits. Order 4(c): No change
Para 4(d): In the case of persons retiring before attaining the age of 55 years and who are re-employed, pension (including PEG and other forms of retirement benefits) shall be ignored for initial pay fixation in the following extent:-(i) In the case of ex-servicemen who held posts below Commissioned Officer rank in the Defence Forces and in the case of civilians who held posts below Group ‘A’ posts at the time of their retirement, the entire pension and pension equivalent of retirement benefits shall be ignored.

(ii) In the case of Commissioned Service officers belonging to the Defence Forces and Civilian pensioners who held Group ‘A’ posts at the time of their retirement, the first Rs.4000/- of the pension and pension equivalent retirement benefits shall be ignored.

Order 4(d): In the case of persons retiring before attaining the age of 55 years and who are re-employed, pension (including PEG and other forms of retirement benefits) shall be ignored for pay fixation to the following extent:-(i) No change

(ii) In the case of Commissioned service officers belonging to the Defence Forces and Civilian pensioners who held Group ‘A’ posts at the time of their retirement, the first Rs. 15,000/- of the pension and pension equivalent retirement benefits shall be ignored.

8. Apart from the above, it is also clarified as under:

(i) Drawal of increments: Once the initial pay of the re-employed pensioner has been fixed in the manner indicated above, he will be allowed to draw normal increments as per the provisions of Rule 9 and 10 of CCS (RP) Rules, 2016 read with Order 5 of the CCS (Fixation of Pay of re-employed Pensioners) Orders, 1986.

(ii) Treatment of Military Service Pay (MSP): MSP is granted to Defence Forces officers/personnel while they are serving in the Defence Forces. Accordingly, on their re-employment in civilian organizations, including secret organizations under the Cabinet Secretariat umbrella, the question of grant of MSP to such officers/personnel does not arise. However, the benefit of MSP in the pension should not be withdrawn. Accordingly, while the pension of such re-employed pensioners will include the element of MSP, they will not be granted MSP as part of pay while working in civilian organizations. Also, in respect of all those Defence Officers / personnel, whose pension contains an element of MSP and whose pay on reemployment is subject to deduction of pension (excluding the  ignorable portion, if any), the element of MSP as contained in the pension shall be ignored while deducting the pension at the time of pay fixation. In other words, the MSP portion of the pension need not be deducted from the pay fixed on re-employment.

(iii) Fixation / drawal of pay of re-employed persons who retired prior to 1.1.2016 and who have been re-employed after 1.1.2016, and whose entire pension and pensionary benefits are not ignored for pay fixation: The pay on re-employment will be fixed in terms of Order 4(b)(ii) of the CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986, as amended above, after notionally arriving at their revised basic pay at the time of retirement as if they had retired under the revised pay structure, in terms of Rule 7 of the Central Civil Services (Revised Pay) Rules, 2016. In all these cases, the nonignorable part of the pension shall be reduced from the pay so fixed. Regulation of MSP, however, shall be as per clarification in para 8(ii) above.

(iv) Fixation / drawal of pay in all other cases: Pay fixation in cases not covered in Order 4(d) will be as per the general principle of ‘pay minus pension’, i.e. while the last pay drawn shall be reckoned for pay fixation, the entire pension shall be deducted from the pay so fixed. Regulation of MSP, however, shall be as per clarification in para 8(ii) above.

9. An undertaking may be obtained from re-employed pensioners who opt / are deemed to have opted for the revised pay structure to the effect that, they understand and agree that the special dispensation provided through this O.M. is subject to the condition of deduction of pension as admissible to them from time to time, wherever required as per extant instructions.

10. These instructions shall apply in respect of those re-employed pensioners who are re-employed against civil posts carrying pay upto Level 17 of the Pay Matrix of CCS(RP) Rules, 2016.

11. In so far as the persons serving in the Indian Audit & Accounts Department are concerned, these orders are being issued after consultation with the Comptroller & Auditor General of India.

12. These orders shall take effect from 1.1.2016.

(Pushpender Kumar)
Under Secretary to the Government of India.

Source: DoPT  Orders 2017

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