Promotion

Reservation in Promotion – Roster Point based, not Vacany based – Confederation

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Reservation in Promotion – Roster Point based, not Vacany based – Confederation

IMPORTANT SUPREME COURT JUDGEMENT – WITH EFFECT FROM 10.02.1995

RESERVATION IN PROMOTIONS SHOULD BE ROSTER POINT BASED (TOTAL NUMBER OF POSTS SHOULD BE THE BASIS FOR WORKING OUT NUMBER OF POST TO BE EARMARKED FOR EACH CATEGORY IN THE CASTE – WISE RESERVATION ROSTER) AND NOT VACANCY BASED.

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 4751-4752/2011

V. LAKSHMIKANTHAN AND ANR.

APPELLANT(S)

VERSUS

UNION OF INDIA AND ORS. ETC.

RESPONDENT(S)

J U D G E M E N T

KURIAN, J.

1. Though several contentions are raised in these appeals, finally the learned counsel for the appellants has come down to one submission, since according to him, he is entitled to succeed on that. That submission pertains to the direction in R.K. Sabharwal and Others v. State of Punjab and Others, (1995) 2 SCC 745, regarding post based roster in the matter of promotions. It was made clear in R.K. Sabharwal (supra) that 10.02.1995 shall be the date for the purpose of following the post based roster. It appears, the Respondent No.2 was still not following the same which led to the decision in Union of India and Ors. v. Virpal Singh Chauhan and Others, (1995) 6 SCC 684. In paragraph 33 in Virpal Singh Chauhan (supra) it was made clear that the Railways

has to follow the principles as laid down in R.K. Sabharwal (supra). Paragraph Nos. 29 and 33 of the same are extracted below:

(Click Here to the View)

Source: Confederation

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Be the first to comment - What do you think?  Posted by admin - December 4, 2017 at 7:08 pm

Categories: Promotion, Reservation   Tags: , , , , ,

Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Section Officers Grade than their juniors

Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Section Officers Grade than their juniors

 

F.No.18/2/2014-CS-I(S)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training

2nd Floor, A Wing, Lok Nayak Bhawan, Khan Market
New Delhi, the 6 November, 2017

OFFICE MEMORANDUM

Subject: Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Section Officers Grade than their juniors -regarding.

Ref: OM No.18/2/2007-CS-l dated 20.05.2014 & 08.07.2014 and OM No.18/212014-CS.l(S) dated 27.12.20216.

Representations have been received from some CSS officers in whose case re-fixation and recovery orders have been issued by concerned Ministries/Departments in pursuance to DOPT OM dated 20.05.2014, requesting withdrawal of the OMs referred above.

2. It is once again clarified that OM No.5/16/80-CS.I dated 13.4.1988 was issued on acceptance of award by Board of Arbitration in CA Reference No.7 of 1984 which allowed stepping up of pay of an Assistant of CSS, who is senior by virtue of having been recruited through an earlier examination but is drawing less pay on promotion in the Grade of Section Officer than his junior recruited through a later examination, up to a level equal to the pay of such junior Section Officer in the same cadre i.e. senior DR Assistant to junior DR Assistant of later exam on their promotion as Section Officer. Vide OM No.5/21/92-CS.I dated 23.2.1994 this benefit of stepping up was extended to Section Officers appointed through Limited Departmental Competitive Examination (LDCE) (again applicable to DR Assistants only). OM No.5/1/96-CS.I dated 8.10.1996 further extended this benefit in case of promotee Assistants and also to the cases where both junior and senior have been recruited on the basis of the same Select List Assistants Grade Examination, as the case may be in accordance with judgements of CAT in OA No. 365/90 (Shri K.C. Sehgal VS UOI and CA No. 869/91 (Shri L.K. Chawla VS UOI), which were upheld by the Hon’ble Supreme Court.

3. That there are general guidelines of stepping up of pay issued by the Ministry of Finance vide OM No.F.2(78)-E.III(A) dated 0 .02.1966 and this Department vide OM dated 04.11.1993. One of the conditions of the general guidelines for allowing stepping up of pay to a senior govt. servant with reference to a junior is that the senior should have drawn more pay than the junior in the lower grade also.

4. However, certain clarifications were issued by CS-I Division, DoPT in 2007 and 2008 to individual Ministries/Departments, on references received from them, which were at variance with the general conditions of stepping up of pay i.e. stepping up of pay was allowed even if junior was drawing more pay than the senior in the lower grade i.e. in Assistant/Grade. Therefore, vide OM dated 29.5.2009, the clarification issued in 2007 & 2008 were withdrawn and Ministries/Departments were advised to strictly allow stepping up enforcing conditions laid down in OM dated 8.10.1996. Departments were also informed vide OM dated 21.05.2010 that as the matter was still under consideration, status-quo, as on date, might be maintained in the matter of stepping up of pay of Section Officers of CSS till the matter attains finality. Eventually, the matter attained finality and a consolidated OM as vetted by the Estt..(Pay) Division of this Department and Department of Expenditure was issued on 20.05.2014.

5. The Ministries/Departments were requested vide OM dated 20.05.14 that stepping up of pay already allowed in cases where the individuals are not covered by the OMs dated 13.04.1988, 23.02.1994 and 08.10.1996 and general conditions as laid down in OM dated 04.11.193, should be reviewed and pay re-fixed accordingly. That excess payments made to the employees in the cases of wrong stepping up of pay should be recovered in terms of DOP&T’s OM No.18/26/2011-Estt(Pay-l) dated 06.02.2014 and a compliance report in this regard furnished to this Department. It was further clarified vide OM dated 08.7.2014 that all the three OMs and general conditions of stepping up of pay are not exclusive of each other and the three OMs are to be read with and subject to the general conditions reiterated vide OM dated 4.11.1993, therefore, stepping up of pay is not to be allowed where junior was drawing more pay than the senior in the lower grade.

6. As regards, OA No.2884/2015 and similar OAs filed in this regard, it is observed that only applicants in these cases have been granted interim stay by the Learned CAT. That the said OAs have been filed by the applicants in the individual capacity. Thus in all those cases where stepping up of pay has been allowed, but where the benefited individuals were not covered by the OMs dated 13.4.88, 23.2.94 and 8.10.96 and the general conditions of stepping up of pay as laid down in the DOP&T’s OM No. 4/7/92-Estt(Pay-1) dated 04.11.93, pay will have to be re-fixed and recovery of excess payment, if any, is to be made.

7. Therefore, vide reminder OM dated 27.12.16, the Ministries/Departments were requested to expedite the compliance reports as requested vide OM dated 20.05.2014 except in those cases where matter of recovery is subjudice/stayed by order of any competent court.

8. It may be mentioned that one of the similarly placed officers, in whose case orders for stepping up of pay with reference to a promotee assistant was issued but not implemented, had approached CA (PB) through OA No.1199/2014(H.C. Rai vs. UOI). The CAT vide its order dated 28.03.17 while dismissing the OA had categorically ruled that the stepping up of his pay was not in consonance with the provisions of OM dated 20.05.2014 i.e. OMs dated 13.4.88, 23.2.94 and 8.10.96.

9. With regards difficulty being faced by some Ministries/Departments in establishing links/chain of officers in refixation/recovery matters, it is hereby mentioned that many Ministries/Departments have already issued re-fixation orders establishing links by themselves as per the instructions issued by this Department.

10. All the Ministries/Departments are thus again requested to furnish the compliance reports in the prescribed proforma, latest by 15th November 2017.

11. In view of above, the representations/OMS of following have no merit and are accordingly disposed off:

Please click on source file to view the list of representations.

(Anil Tripathi)
Under Secretary to the Govt. of India

Source : DoPT

Be the first to comment - What do you think?  Posted by admin - November 15, 2017 at 9:06 pm

Categories: DOPT Orders, Promotion   Tags: , , , , ,

Government approves 3rd cadre review for jcos/ors, Increase in posts of SUB MAJs, SUBs, NAIB SUBs and Havaldars

Government approves 3rd cadre review for jcos/ors, Increase in posts of SUB MAJs, SUBs, NAIB SUBs and Havaldars

DEAR ALL,

SOME GOOD NEWS AT LAST for JCOs/ORs as the number of posts are increased, facilitating promotion prospects, to be implemented in the next 5 year period.

The numbers of posts increased now are :-

RANK EXISTING Addl Sanction

(Next 5 Years)

JCOs
Sub Maj

Sub

Naib Sub

5500

44546

41014

479

7769

13466

ORs
Havaldars

Naiks

210656

203259

58498

64930

The 3rd Cadre Review for ORs/JCOs which was due in 2011, has been now (2017) approved by the Govt. The 1st such Review was done in 1979 and the 2nd one was made in 1984.

Source : ex-servicemenwelfare.blogspot.in

Be the first to comment - What do you think?  Posted by admin - September 23, 2017 at 11:46 am

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Promotion of Womens Sports and Games

Promotion of Women’s Sports and Games 

The Minister of State (I/C) for Youth Affairs and Sports Shri Vijay Goel said in the Lok Sabha today that the Government of India through Sports Authority of India (SAI) is implementing the following Sports Promotional Schemes to scout and nurture both talented girls and boys to compete at National and International level competitions:

  • National Sports Talent Contest Scheme (NSTC)
  • Army Boys Sports Company (ABSC)
  • SAI Training Centre (STC)
  • Special Area Games (SAG)
  • Extension Centre of STC/SAG
  • Centre of Excellence (CoE)
  • National Sports Academies (NSA)

Presently, 13684 talented sports persons (9653 boys and 4031 girls) identified under SAI Schemes are being trained in 27 sports disciplines throughout the country.

In a written reply he said, though the sports promotional schemes are inclusive for all gender, caste, region, race, the majority of the sports persons selected under the above schemes are identified from the rural and backward area of the country and provided with sports facilities in the form of Expert Coaches, Sports Equipment (Consumable & Non-Consumable), Boarding & Lodging, Sports Kit, Competition Exposure, Educational Expenses, Medical/Insurance and Stipend under Residential & Non-Residential as per the approved scheme norms.

In addition to it, to promote sports among girls/women, SAI has established three sports training centres exclusively for girls/women which are as under:

1.      STC, Badal (Punjab)

2.      STC, Dharamshala (Himachal Pradesh)

3.      STC, Medikeri (Karnataka)

PIB

Be the first to comment - What do you think?  Posted by admin - August 10, 2017 at 5:58 pm

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Transparent Promotion Policy for Army

Transparent Promotion Policy for Army

The Government had constituted a committee comprising two members viz. Lt. Gen. (Retd.) G.S. Katoch and Lt. Gen. (Retd.) A.K. Ahuja to examine and give their recommendations on the changes in promotion policy and the Quantified System of Selection (QSS) for officers of Indian Army. The terms of reference of the committee were as below:-

  • To study and recommend appropriate amendments in the Quantified System of Selection (QSS) in order to infuse more objectivity, transparency and fairness in the system.
  • To study and recommend the changes required in the Promotion policy presently followed in the Army. This will cover aspects like method for calculation of vacancies, Cut-off CRs required, Consideration of Special Review / Withdrawn and Deferred cases, Zone of consideration, Notional Empanelment etc.
  • To suggest the Model Calendar of Selection Boards.
  • The committee has already submitted its report.

Bringing Transparency in promotion policy is a continuous process and all necessary steps are taken from time to time.

This information was given by Minister of State for Defence Dr Subhash Bhamre in a written reply to Shri Asaduddin Owaisi in Lok Sabha today.

Nampi/Ranjan

PIB

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Promotion of Sports – Lok Sabha

Promotion of Sports – Lok Sabha

The Minister of State (I/C) for Youth Affairs and Sports Shri Vijay Goel said in the Lok Sabha today that as sports is a State subject, the primary responsibility for promoting sports including encouraging sports among students at primary and higher secondary school level is that of States. However, Department of Sports and the Sports Authority of India supplement the efforts of the States. School Games Federation of India (SGFI) and Association of Indian Universities (AIU) have been recognized by the Government of India as National Sports Promotion Organizations (NSPOs) and are eligible for the same level of assistance as are available to National Sports Federations (NSFs).

In a written reply he said, Ministry of Human Resource Development has, inter-alia, intimated that as per the National Curriculum Framework (NCF), 2005, Health and Physical Education is a compulsory subject upto X Class and optional subject at Higher Secondary Stage. Health and Physical Education includes age appropriate games and sports including athletics, swimming and gymnastics. National Curriculum also focuses that to transact this areas effectively, it is essential that minimum physical space and equipment’s are available in every school.

Further, the Right of Children to Free and Compulsory Education (RTE) Act, 2009, has been enacted, making elementary education a Fundamental Right, which, inter alia, provides for

(i) a playground for each school;

(ii) A part time instructor for physical education in upper primary schools;

(iii) Supply of play material, games and sports equipment, as required, to schools.

In terms of the provisions of the RTE Act, no school shall be established or recognized unless it fulfils the norms specified in the Schedule attached to the Act.

A Scheme called “Khelo India – National Programme for Development of Sports” is being implemented by this Ministry as a Central Sector Scheme from the current financial year 2016-17. This Scheme, inter-alia, provides for holding of annual sports competitions in respect of priority and popular sports in two age groups of (i) under 14 and (ii) under 17 all over India to encourage mass participation of both boys and girls in Sports in both urban and rural areas including schools and identification of talented sportspersons. However, there is no proposal to implement schemes like ‘slum-running’ from district level to state level as of now.

Further, to promote various sports in the country apart from athletics, Sports Authority of India (SAI) is implementing the following Sports Promotional Schemes to identify talented sports person in the age group of 8-25 years and nurture them to excel at National and International level competition:

National Sports Talent Contest Scheme (NSTC)

1. Indigenous Games & Martial Arts, (IGMA)

2. Akharas

  • Army Boys Sports Company (ABSC)
  • SAI Training Centre (STC)
  • Special Area Games (SAG)
  • Extension Centre of STC/SAG
  • Centre of Excellence (COE)
  • National Sports Academies (NSA)

PIB

Be the first to comment - What do you think?  Posted by admin - July 20, 2017 at 4:20 pm

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Safeguarding the career prospect of Group A, Gr. B and Gr. C officers in all Central Govt. Departments by granting timely promotions

Safeguarding the career prospect of Group A, Gr. B and Gr. C officers in all Central Govt. Departments by granting timely promotions

CONFEDERATION OF CENTRAL GOVERNMENT GAZETTED OFFICERS’ ORGANISATIONS

Confederation/Corres/2016-17/16

Dated: 20.03.2017

To
Dr.Jitendra Singh,
Honourable Minister of State (Independent Charge),
PMO & Development of North Eastern Region,
Government of India
New Delhi.

Respected Sir,

Sub: Safeguarding the career prospect of Group A, Gr. B and Gr. C officers in all Central Govt. Departments by granting timely promotions – request regarding.

Kindly refer to the burgeoning impasse created in all Central Govt. Departments in respect of promotions in Gr. A, Gr. B and Gr. C cadres following the DoPT OM dated 30.09.2016 on reservation.

The process of holding DPC meetings for promotion from Gr. B to Gr. A cadres in all Departments was aborted by the UPSC immediately after the OM.No 36012/11/2016-Estt(Res) Government of India, Ministry of Personnel, Public Grievances and Pension Department of Personnel and Training dated 30.09.2016, in connection with the pending SLP/Contempt Petition in the case of Jarnail Sngh vs Lachhmi Narain Gupta in the Hon’ble Supreme Court of India, was issued. The UPSC categorically refused to hold any DPC to any grade having reservation element, unless the said OM is further clarified by DoPT to its satisfaction. It is learnt that the UPSC had sought clarification from DoPT immediately after the issuance of the said OM, and that no clarification has so far been issued by the DoPT.

As the UPSC is considered as the nodal agency for accepting various Instructions/OMs/Circulars issued by the Govt. of India time to time in relation to promotion and holds DPCs accordingly, the refusal of UPSC to hold DPC of any grade having reservation element unless the said OM is further clarified by DoPT has barred all cadre-controlling authorities in all Departments to hold DPCs for promotion in various Gr. B and Gr. C cadres As a result, all regular promotions into Group A, Group B and Group C cadres all over the country have been stalled

As a matter of fact, as the cut-off date for counting of mandatory residency period in all cadres is fixed on 1st of April by the DoPT, the seniority and due career prospect of many officers/officials across various Departments would suffer irreparably if the normal promotion is not accorded to them on or before 31.03.2017. And if it happens, these unfortunate officers will lose at least one year for all consecutive promotions in their career for no fault of themselves.

As per our understanding of the subject, until the DoPT issues clarification of the OM dated 30.09.2016 and help the UPSC to decide the future course of action in respect of promotions in Gr. B to Gr. A cadres in various Departments, neither the vacancy position at various levels in Departments would improve nor the career prospects of officers/officials would be protected.

In view of the above, we are constrained to seek the intervention of the Hon. Minister in directing the DOPT to clarify the issues raised by the UPSC so that the promotions of Officers/Officials who serve the Government of India do not suffer unjustifiably.

We do trust that the Honourable Minister will render justice to those who serve the Government of India

Thanking You,

Yours Sincerely,
S/d,
(S. Mohan)
Secretary General

Signed Copy

Be the first to comment - What do you think?  Posted by admin - April 30, 2017 at 7:46 pm

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Promotion from GP Rs.1800 (Level-1) to GP Rs.1900 (Level-2) against 33-1/3% quota – Minimum eligibility condition of service for selection

Promotion from GP Rs.1800 (Level-1) to GP Rs.1900 (Level-2) against 33-1/3% quota – Minimum eligibility condition of service for selection.

GOVERNMENT OF INDIA/BHARAT SARKAR,
MINISTRY OF RAILWAYS/RAIL MANTRALAYA
(RAILWAY BOARD)

No.E(NG)I-2015/CFP/8

The General Managers (P)
All Zonal Railways &
Production Units etc.
(As per standard list).

New Delhi, dated 21.04.2017

Sub:- Promotion from GP Rs.1800 (Level-1) to GP Rs.1900 (Level-2) against 33-1/3% quota – Minimum eligibility condition of service for selection.

In terms of provisions contained in Para 189 of IREM, Vol.I, Railway servants in erstwhile Group ‘D’ categories for whom no regular avenue of promotion exists, 33-1/3% of the posts in the lowest grade of Commercial Clerks, Ticket Collectors, Trains Clerks, Office Clerks, Stores Clerks etc. are eligible for promotion on completion of 3 years continuous service, which is relaxable for SC/ST employees who are eligible on completion of probation in recruitment grade, which is 2 years (Para 104 of IREM).

2. One of the Federations (NFIR) have raised an item in the PNM forum to prescribe two (02) years residency condition for promotion from GP Rs.1800 (Level-1) to GP Rs.1900 (Level-2) against the above quota. The issue has been examined by the Board and it is now decided, that henceforth, staff will be eligible for promotion against 33-1/3% quota on completion of 2 years continuous service in the relevant grade on successful completion of probation period, irrespective of the fact whether such staff belong to GEN/OBC/SC/ST. These instructions will be effective from date of issue.

Please acknowledge receipt.

(M.K. Meena)
Deputy Director Estt.(N)
Railway Board

Signed copy

Be the first to comment - What do you think?  Posted by admin - April 24, 2017 at 10:11 pm

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Promotion to the grade of Additional Controller General of Defence Accounts (Higher Administrative Grade+)

Promotion to the grade of Additional Controller General of Defence Accounts (Higher Administrative Grade+)

Office of the Controller General Of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt – 110 010

Tele No.011-25674810
No.AN-I/1201/1/XXVII

Fax No.011-25674781
Dated: 02.03.2017

To

  1. The PCDA (R&D), New Delhi
  2. The PIFA (Army-M), New Delhi
  3. The PCDA, New Delhi

Subject: Promotion to the grade of Additional Controller General of Defence Accounts (Higher Administrative Grade+).

The Appointment Committee of the Cabinet (ACC) has approved the following two officers for promotion to the grade of additional controller General of Defence Accounts of the India Defence Accounts service in the pay scale of Rs.75500-80000 (HAG+) 6th CPC/Level 16 of pay matrix (7th CPC)

Sl.No Name of Officers Present Office
1 Shri Upendra Sah (IDAS : 1983) The PCDA (R&D), New Delhi
2 Shri R S Rana (IDAS:1983) The PIFA (Army-M), New Delhi

The promotion shall be with immediate effect or from the date of assumption of the charge of the post, whichever is later and until further orders. It may please be ensured before relief of the officer that no disciplinary/criminal case is pending against the officer and the officer is not under suspension.

  1. It is, therefore, requested that the above named officers may please be relieved of their present duties immediately with the request to assume charge as Additional Controller General of Defence Accounts in the office of CGDA, Delhi Cantt on promotion. TA/Joining time as admissible under the rules is authorized.
  2. The blank MTPAR form is enclosed for initiating the MTPAR of the officer till date of relief from the present charge/post. The same may please be handed over to the officer after completing Part I of the form with the request to complete the Part-II (Self Appraisal)and submit the same to the respective Reporting Officer, within 15 days from the date of relief, under intimation to the HQrs office. The officer may also be informed that if he fails to submit his appraisal within the aforesaid period, action would be initiated to get the MTPAR reported by the Reporting Officer without his self appraisal.
  3. Copy of the office Order regarding his relieving may please be forwarded to this HQrs. Office.

(Sham Dev)
Jt.CGDA (Admin)

Signed Copy

Be the first to comment - What do you think?  Posted by admin - March 4, 2017 at 9:45 am

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Clarification on Benchmark for Promotion

Clarification on Benchmark for Promotion

No.20-45/2016-SPB-II
Government of India
Ministry of Communications
Department of Posts
Personnel Division

Dak Bhavan, Sansad Marg,
New Delhi – 110 001
Dated the 1st February, 2017

To
All Chief Postmaster(s) General

Subject: Clarification on Benchmark for Promotion

Sir,
I am directed to refer to subject cited above and to say that the modalities of the benchmark to be taken for pormotion after implementation of 7th Pay Commission Report has been examined in consultation with Department of Personnel & Training (DOPT). DoPT has stated that the modalities of the benchmark are being examined in consultation with UPSC and Department of Legal Affairs. In this regard, all Circles are, hereby, requested to follow instructions contained in DOPT’s OM No.35034/7/97-Estt(D) dated 8.02.2002 untill further clarification is uploaded/issued by DOPT on its website or issued by DoP. A copy of DOPT’s ID No.1211382/2016/CR dated 8.12.2016 is enclosed.

Yours faithfully,
sd/-
(Satya Narayana Dash)
Assistant Director General (SPN)

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

Be the first to comment - What do you think?  Posted by admin - February 23, 2017 at 11:06 pm

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CCS (CCA) Rules, 1965 – Clarification regarding effect of warning, censure etc on promotion

CCS (CCA) Rules, 1965 – Clarification regarding effect of warning, censure etc on promotion

F. No. 11012/12/2016-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,
Dated: 6th December, 2016

 OFFICE MEMORANDUM

Subject: CCS (CCA) Rules, 1965 – Clarification regarding effect of warning, censure etc on promotion.

The undersigned is directed to refer to this Department’s O.M. No. 11012/6/2008-Estt.(A) dated 7th July, 2008 on the above mentioned subject and to say that vide para 2(iii) of the said OM, it was instructed that where a departmental proceeding has been instituted, and it is considered that a Government servant deserves to be penalized for the offence/misconduct, one of the prescribed penalties may only be awarded and no warning, recordable or otherwise, should be issued to the Government servant. However, while considering cases for empanelment, the ACC has observed that in many cases, rather than exonerating the officer or imposing a penalty on him, administrative warning is issued even when disciplinary proceeding were drawn against him. Administrative warning is not recognized as a penalty.

2. In view of the above, the following position as contained in various instructions issued so far on warning/Censure etc. are reiterated for strict compliance:

(i) As clarified in the Ministry of Home Affairs O.M. No. 39/21/56-Estt.(A) dated 13 th December, 1956, warning is administered by any authority superior to a Government employee in the event of minor lapses like negligence, carelessness, lack of thoroughness, delay etc. It is an administrative device in the hands of superior authorities for cautioning the Government employees with a view to toning up efficiency and maintaining discipline. There is, therefore, no objection to the continuance of this system. However, where a copy of the warning is also kept in the Confidential Report dossier, it will be taken to constitute an adverse entry and the officer so warned will have the right to represent against the same in accordance with the existing instructions relating to communication of adverse remarks and consideration of representations against them.

(ii) Where a departmental proceeding has been instituted under the provisions of CCS(CC&A) Rules 1965, after the conclusion of disciplinary proceedings, the officer is either exonerated or where it is considered that some blame attaches to the officer, he should be awarded one of the recognized statutory penalties as given in Rule 11 of the CCS (CCA) Rules, 1965 i.e. at least ‘Censure’ should be imposed. In such a situation, a warning, recordable or otherwise, should not be issued.

(iii) Warning, letter of caution, reprimands or advisories administered to Government servants do not amount to a penalty and, therefore, will not constitute a bar for consideration of such Government servants for promotion.

3. All the disciplinary authorities in Ministries/Departments are, therefore, requested to keep in view the above guidelines while dealing with disciplinary case against the Government servants.

4. Hindi version will follow.

(Mukesh Chaturvedi)
Director (E)

Click to download : Latest DOPT Order

Be the first to comment - What do you think?  Posted by admin - December 8, 2016 at 8:33 am

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Effect of Penalties on Promotion – DOPT Guidelines

Effect of Penalties on Promotion – Role of Department Promotion Committee Guidelines on treatment of effect of penalties on promotion

DoPT OM on the Guidelines on treatment of effect of penalties on promotion

No.22011/4/2007-Estt.(D)
Government of India
Ministry of Personnel, Public and Training
(Department of Personnel and Training)
North Block, New Delhi – 110 011

 

November 21, 2016

OFFICE MEMORANDUM

Sub: Guidelines on treatment of effect of penalties on promotion – role of Departmental Promotion Committee

The Department of Personnel & Training vide its OM of even number dated 28.4.2014 issued instructions on the above subject. Paragraph 7(d), 7(f) and 7(g) of the said OM provides as follows:

7(d)

If the official under consideration is covered under any of the three condition mentioned in paragraph 2 of OM dated 14.9.1992, the DPC will assess the suitability of Government servant along with other eligible candidates without taking into consideration the disciplinary case / criminal prosecution pending. The assessment of the DPC including ‘unfit’ for promotion and the grading awarded are kept in a sealed cover. [Paragraph 2.1 of DoPT OM dated 14.9.1992]

7(f)

If any penalty is imposed on the Government servant as a result of the disciplinary proceedings or if he / she is found guilty in the criminal prosecution against him / her, the findings of the sealed cover / covers shall not be acted upon. His / her case for promotion may be considered by the next DPC in the normal course and having regard to the penalty imposed on him / her [paragraph 3.1 of DoPT OM dated 14.9.1992].

7(g)
In assessing the suitability of the officer on whom a penalty has been imposed, the DPC will take into account the circumstances leading to the imposition of the penalty and decide whether in the light of general service record of the officer and the fact of imposition of penalty, the officer should be considered for promotion. The DPC, after due consideration, has authority to assess the officer as ‘unfit’ for promotion. However, where the DPC considers that despite the penalty the officer is suitable for promotion, the officer will be actually promoted only after the currency of the penalty is over [paragraph 13 of DoPT OM dated 10.4.1989].
2. Questions have been raised by the Ministries and Departments asking whether this is applicable in the case of ‘Censure‘ also. In this regard, it is reiterated that paragraphs 7(d), 7(f) and 7(g) cited above are applicable in all the recognized penalties under CCS (CCA) Rules including the minor penalty of Censure as well for which no currency has been prescribed, it would mean that as per para 7(g), if the DPC considers the officer fit for promotion notwithstanding the award of censure, he / she can be promoted without referring to the currency of penalty.

(G. Jayanthi)
Director

Download DOPT OM No.22011/4/2007-Estt.(D) dated 21.11.2016

Be the first to comment - What do you think?  Posted by admin - November 28, 2016 at 10:51 pm

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Guidelines on treatment of effect of penalties on promotion – role of Departmental Promotion Committee

Guidelines on treatment of effect of penalties on promotion – role of Departmental Promotion Committee.

No .22011/4/2007-Estt. (D)
Government of India
Ministry of Personnel, Public and Training
(Department of Personnel and Training)

North Block, New Delhi – 110 011

November 21, 2016

OFFICE MEMORANDUM

Sub: Guidelines on treatment of effect of penalties on promotion – role of Departmental Promotion Committee

The Department of Personnel & Training vide its OM of even number dated 28.4.2014 issued instructions on the above subject. Paragraph 7(d), 7(f) and 7(g) of the said OM provides as follows:

7(d) If the official under consideration is covered under any of the three condition mentioned in paragraph 2 of OM dated 14.9.1992, the DPC will assess the suitability of Government servant along with other eligible candidates without taking into consideration the disciplinary case / criminal prosecution pending. The assessment of the DPC including ‘unfit’ for promotion and the grading awarded are kept in a sealed cover. [Paragraph 2.1 of DoPT OM dated 14.9.1992]

7(f) If any penalty is imposed on the Government servant as a result of the disciplinary proceedings or if he / she is found guilty in the criminal prosecution against him / her, the findings of the sealed cover / covers shall not be acted upon. His / her case for promotion may be considered by the next DPC in the normal course and having regard to the penalty imposed on him / her [paragraph 3.1 of DoPT OM dated 14.9.1992].

7(g) In assessing the suitability of the officer on whom a penalty has been imposed, the DPC will take into account the circumstances leading to the imposition of the penalty and decide whether in the light of general service record of the officer and the fact of imposition of penalty, the officer should be considered for promotion. The DPC, after due consideration, has authority to assess the officer as ‘unfit’ for promotion. However, where the DPC considers that despite the penalty the officer is suitable for promotion, the officer will be actually promoted only after the currency of the penalty is over [paragraph 13 of DoPT OM dated 10.4.19891.

 

2. Questions have been raised by the Ministries and Departments asking whether this is applicable in the case of ‘Censure’ also. In this regard, it is reiterated that paragraphs 7(d), 7(f) and 7(g) cited above are applicable in all the recognized penalties under CCS (CCA) Rules including the minor penalty of Censure as well for which no currency has been prescribed, it would mean that as per para 7(g), if the DPC considers the officer fit for promotion notwithstanding the award of censure, he / she can be promoted without referring to the currency of penalty.

(G. Jayanthi)
Director
Tel. no. 2309 2479

DoPT Order 2016

 

Be the first to comment - What do you think?  Posted by admin - November 23, 2016 at 2:54 pm

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Central Government paves way for employees timely promotions

Central Government paves way for employees timely promotions

New Delhi: All central government departments have been asked to conduct meetings of Departmental Promotion Committee (DPC) in time to check “abnormal delay” in giving career benefits to employees.

The move comes after noticing cases of delay in holding the meeting of DPC -which decides on employees’ promotions.

The Department of Personnel and Training (DoPT) has issued instructions to all the departments asking them to ensure timely promotions to the employees by conducting meetings of DPC in time.

A model calender has also been issued by the DoPT in this regard.

It has been brought to the notice of the government that many promotion posts are lying vacant due to abnormal delay in convening DPCs.

“The objective of timely promotions of employees in various ministries and departments can be achieved only by holding DPC meetings.

“In view of above, all ministries and departments are again advised to ensure strict compliance of instructions in order achieve the desired objectives of timely convening of DPCs/preparation of approved select panels within the prescribed time frame,” the DoPT said in an order.

There are about 50.68 lakh central government employees.

PTI

Be the first to comment - What do you think?  Posted by admin - November 11, 2016 at 3:10 pm

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Confusion Continues in Promotion Option after Finance Ministry order

Confusion Continues in Promotion Option after Finance Ministry order

Ministry of finance has issued an Office Memorandum regarding Revising Promotion Option under FR 22(1) (a).

Here there should not be any misunderstanding between Exercising Option for Pay Revision under CCS (RP) Rules 2016 and Exercising option for Pay Fixation for Promotion/MACP under FR 22(1)(a)

As per the provisions of FR 22 (l) (a) the Government servants 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 from the date of next increment.

Some of the employees. promoted between 01.01.2016 and 25.7.2016 had opted for their pay fixation on promotion/financial up-gradation under MACPS from the date of their next increment in the lower grade. Consequent upon notification of CCS CRP) Rules, 2016 i.e 25th July, 2016. the option submitted by such employees has now turned out to be disadvantageous.

In some Department the Employees Promoted between 01-01-2016 and 25-7-2016 are allowed to exercise their Option to revise their Pay from the Date of Next increment i.e 1st July 2016.

But As per the provisos to CCS (RP) Rules 2016, they should not have been allowed to give option to revise their Pay beyond their date of Promotion Since it has been stated in CCS (RP) Rules 2016 under Rule No.5.

Now the Ministry of Finance issued an OM which says
Under the changed circumstances after notification of CCS (RP) Rules. 2016. the employee may be allowed to exercise revised option for fixation of pay under FR 22(I)(a)(I). Such revised option shall be exercised within one month of issue of this OM Option so revised, shall be final

After this Clarification there is confusion among Government servants those who got Promotion between 01-01-2016 and 25-7-2016 regarding how their Pay will be fixed…?

The Doubts are ..

1. What is the status of Employees promoted between 01.01.2016 and 25.7.2016 and opted to Revise their pay on Date of Next Increment i.e 1.7.2016 ?

i. Would they be asked to revise their promotion option under FR 22(1)(a) ?

ii. The option Exercised under the provisos to rule 5 of CCS (RP) Rules 2016 also to be revised again…?

iii. If one opt to fix the pay on Date of Promotion under FR 22(1)(a) and Opt to revise the pay on date of Promotion under Revised Pay Rules 2016, how the Pay will be fixed…?

The Concerned Departments / Federations may take up this issue to appropriate level for necessary clarification to clear the doubts of central government Employees.

Source: http://www.gservants.com/

Be the first to comment - What do you think?  Posted by admin - October 8, 2016 at 3:19 pm

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7th Pay Commission : Government accepts Proposals on Promotion for Employees

7th Pay Commission : Government accepts Proposals on Promotion for Employees. The ministry of personnel, public grievances and pensions issued a notification to the effect on September 28 2016.

The central government has accepted the 7th Pay Commission (CPC) recommendations on time-bound promotion for Central government employees that will ensure at least one career progression every 10 years.

The 7th pay commission in its November 2015 report had said that despite demands for increasing the frequency of time bound promotion, it had decided to retain the existing scheme, known as Modified Assured Career Progression Scheme (MACPS).

The ministry of personnel, public grievances and pensions issued a notification to the effect on September 28 2016.

The 7th pay commission report said that resentment over the existing pay structures that prompted the demand have been addressed by rationalisation of pay levels, abolition of pay band and grade pay Report of the Seventh CPC 82 Index and introduction of a matrix based open pay structure.

Hence, there is no justification for increasing the frequency of MACP and it will continue to be administered at 10, 20 and 30 years as before. In the new Pay matrix, the employees will move to the immediate next level in the hierarchy. Fixation of pay will follow the same principle as that for a regular promotion in the pay matrix, the CPC report had recommended.

This has been accepted by the Central government.

The Government has considered the above recommendation and has accepted the same. In the light of the recommendations of the 7th CPC accepted by the Government, the Modified Assured Career Progression Scheme (MACPS) will continue to be administered at 10, 20 and 30 years as before, the September 28 notification read.

The Central government also approved the 7th pay commission recommendations on performance appraisal for employees to qualify under the MACP.

There is, however, one significant aspect where this Commission feels that a change is required. This is with regard to the benchmark for performance appraisal for MACP as well as for regular promotion. The Commission recommends that this benchmark, in the interest of improving performance level, be enhanced from Good to Very Good.  In addition, introduction of more stringent criteria such as clearing of departmental examinations or mandatory training before grant of MACP can also be considered by the government, the CPC had proposed.

Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees : Click here to check the pdf.

The changes will be effective from July 25 2016.

Source: yahoo news

Be the first to comment - What do you think?  Posted by admin - October 5, 2016 at 7:00 am

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Promotion to the post of Supervisor (NT) from Leading Fireman: Norms Relaxation in OFB BPMS

Promotion to the post of Supervisor (NT) from Leading Fireman: Norms Relaxation in OFB.

REF: BPMS / MoD / 90th SCM (4/1/M) Dated: 26.09.2016

To,
The Under Secretary D (Estt./NG)
Govt of India, Min of Defence,
B Wing, Sena Bhawan,
New Delhi 110011
Subject: Promotion to the post of Supervisor (NT) from Leading Fireman: Norms Relaxation in OFB.

Respected Sir,
With due regards, your attention is invited to the Agenda Point No. 63 raised by this federation BPMS in the Steering Committee meeting for the 90th Departmental Council (JCM) (MoD) held on 27.09.2013 {Refer MoD F.No. 5(2)/2013/D(JCM), Dated 24.09.2013}. This federation submitted that Hon’ble CAT/Principal Bench, New Delhi in OA No. 1396 of 2008 Shri M.R.Meena Vs Union of India has ordered that parity should be maintained between Leading Hand Fire with other feeder grades (viz. LDC, Photographer, Telephone Operator II & Subedar Durwan) for the promotion to the post of Supervisor (Non Technical).

According to existing SRO 30, dated 14.07.2010, Ministry of Defence, Ordnance Factories, Supervisor (Non-Technical) and Telephone Operator Grade II Group C Posts Recruitment Rules, 2010, 50% vacant posts of Supervisor (Non-Tech) will be filled up by promotion from Photographer, Telephone Operator Grade-II, Subedar Durwan and Leading Hand Fire. This fifty per cent post of Supervisor (NT) may be filled up by 64% from the Leading Hand Fires in the Pay Band I Rs. (5200 to 20200) plus Grade Pay of Rs. 2000/- with five years of regular service in the grade and possessing any of the following qualification:

(a) having passed the Senior Fire Supervisory Course from Defence Institute of Fire Research, Ministry of Defence, New Delhi; or

(b) having passed the Sub Officer’s Course from National Fire Service College, Nagpur or any other recognized institute; or

(c) having passed Station Officer’s Course or Assistant Divisional Officer’s or Divisional Officer’s Course from National Fire Service College, Nagpur or any other recognized institute;
or
(d) Degree in Fire Engineering from Nagpur University or any other recognized institute; or

(e) having passed Graduateship from Institute of Fire Engineers United Kingdom or Graduateship from Institute of Fire Engineers India

It is to be noted that this fifty per cent post will be be filled up by 17% from amongst Telephone Operators in the Pay Band I Rs. (5200 to 20200) plus GP Rs. 1900/- with 08 years regular service; 12% from Subedar Durwan in the Pay band of Rs. (4400 to 7440) plus GP Rs. 1600/- with 14 years regular service in the grade; 7% from Photographer in the Pay band I Rs. (5200 to 20200) plus GP Rs. 1900/- with 08 years regular service. From above it is seen that Leading Hand Fire should have more qualification in comparison to the other feeder categories for Supervisor (NT) whereas all the incumbents have to perform the same responsibility with the same Grade Pay, i.e. Rs. 2400/- (Pre Revised Rs. 4000 to 6000).

It is to be kept in the mind that Vide Ministry of Finance (Department of Expenditure) Notification G.S.R. 622(E), dated 29.08.2008 CCS (RP) Rules, 2008 has been introduced and the First Schedule Part-B, Section II states that Station Officer’s pay scale Rs. (4000 to 6000) (Fire Fighting Staff) has been upgraded to Rs. (4500 to 7000) and revised to GP Rs. 2800/-, whereas Supervisor (NT) is being granted the GP Rs. 2400/- on promotion from the post of Leading Hand Fire. Thus, the provisions of SRO 30 have not been framed considering the CCS (RP) Rules, 2008 as the qualification of only one of the feeder posts Leading Hand Fire has been enhanced but the Grade Pay of promotional post Supervisor (NT) for Fire Fighting Staff has not been enhanced to Rs. 2800/-

In this regards, comments offered by D(Estt./NG) is enclosed for your ready reference. Therefore, your attention is invited to Rule 6 of SRO 30 which empowers the Central Government to relax the provisions of these rules to any class or category of persons and you are requested to take appropriate action so that existing Leading Hand Fire incumbents who are not fulfilling the requisite qualification may also be promoted to the post of Supervisor (NT) by granting relaxation in qualification as mentioned hereinabove.

Thanking you.

Sincerely yours

(MUKESH SINGH)
Secretary/BPMS &
Member, JCM-II Level Council (MOD)

Click to read the letter

Source: BPMS

Be the first to comment - What do you think?  Posted by admin - September 28, 2016 at 9:56 am

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Scheme for Promotion of Adventure Sports & Similar Activites amongst Central Government Employees, Calandar of Programme to be conducted by Nehru Institute of Mountaineering, Uttarkashi

No.125/1/2015-16-CCSCSB
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

Lok Nayak Bhawan, New Delhi
Dated 22nd September, 2016.

OFFICE MEMORANDUM

Sub: Scheme for Promotion of Adventure Sports & Similar Activities amongst Central Government Employees, Calendar of Programme to be conducted by Nehru Institute of Mountaineering, Uttarkashi.
The undersigned is directed to refer to the Department of Personnel & Training Office Memorandum of even number dated 26th April 2016 regarding Scheme for Promotion of Adventure Sports & Similar Activities amongst Central Government Employees. The same may be seen at www.persmin.nic.in-Welfare-sports-general/recent circulars-miscellaneous.

2. The Department of Personnel & Training has approved the following programme under the Scheme to be conducted by Nehru Institute of Mountaineering, Uttarkashi during November, 2016 to January, 2017:

S. No Programme Duration Fee
1. Mountain Craft, Trekking, Skiing, Adventure Courses 20 Nov 30 Nov 2016; Rs. 1100/- per day plus 15% service tax*
20 Dec 30 Dec 2016;
31 Dec 16 to 10 Jan 2017

*Fee includes a wholesome and nutritious veg/non-veg meal, accommodation, equipment(less trekking shoe, socks, goggles, head gear), instructors, expenditure on porters, medical support and transportation within general area Uttarkashi.

3. The content of the courses are as under:

(a) Physical fitness training (b) Multipurpose Obstacle
(c) Sports Climbing (Difficulty & Speed) (d) Trekking on uneven routs
(e) Bouldering (f) Anchoring & belaying
(g) Rappelling (h) Jummaring
(i) Rock Climbing/Rock Craft (j) Rope Knots, Coiling & Roping u
(k) Mountain Stream Crossing (l) Lectures on adventure aspects
(m) Outdoor Camping (n) Camp Cooking

4. The interested Government Employee may approach Registrar, NIM, Uttarkashi (01374-222123, 09411532901) or Training Clerk, NIM, Uttarkashi (01347-223580, 09412323226) and submit his/her application directly to them and a copy of the same
endorsed to Secretary, CCSCSB, Lok Nayak Bhawan, Khan Market, New Delhi with Bank Details (Name of Bank, Account Number, Branch Name and IFSC Code) for smooth reimbursement of claim after completion of program.

5. In view of the above, it is requested that the contents of the Scheme (copy enclosed) may please be disseminated amongst the employees who are eligible to avail the benefits of the Scheme and encourage to participate in the Scheme.

(Md.Nadeem)
Under Secretary to the Govt. of India.

To
Director/Deputy Secretary (Administration) of all Ministries/Departments.

Source: ccis.nic.in

Be the first to comment - What do you think?  Posted by admin - September 24, 2016 at 5:45 pm

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Posting of regular Under Secretary and posting on promotion to the grade of Under Secretary on ad hoc basis seeking options

Posting of regular Under Secretary and posting on promotion to the grade of Under Secretary on ad hoc basis seeking options.

IMMEDIATE

No. 5/7/20 16-CS.I(U)
Government of India
Ministry of Personnel, Public Grievances & Pension
(Department of Personnel & Training)

2nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi 3
Dated the 22nd September, 2016

OFFICE MEMORANDUM

Subject: Posting of regular Under Secretary and posting on promotion to the grade of Under Secretary on ad-hoc basis seeking options regarding.
The undersigned is directed to say that it is proposed to promote 71 officers to the grade of Under Secretary on ad hoc basis against the existing vacancies. In addition, posting of 1 Under Secretary who is under posting in CS Division is also to be decided.
2. The vacancies proposed to be filled up and details of the officers who are to be considered for posting are given in the Annexures to this OM. The vacancies include vacancies on account of retirement / VRS / long leave / long training /deputation / promotion to OS grade, etc. Ministries I Departments are requested to verify the vacancy position and in case of any discrepancy the same may be brought to the notice of this Department immediately.
3. The officers are requested to exercise their option for posting as per RTP by 1.00 PM on 23.09.2016. The options may be submitted at the e mail address given below as per enclosed proforma. Posting of officers will be decided in terms of Rotational Transfer Policy. If option is not received from the officers by the stipulated time, it will be presumed that the officer concerned has no specific choice and posting will be decided by the Placement Committee accordingly. Officers who have been retained in their present Ministry / Department are requested not to submit their option for posting.

4. The officers concerned should also ensure that their data is complete in all respects in the web based cadre management system at cscms.nic.in If the data is not complete it should be first got updated through the nodal officer of the Ministry / Department / CS.I Division before submitting the option. If the data is not complete in the web based system, the officer concerned will not be considered for promotion I posting.

(Raju Saraswat)
Under Secretary to the Government of India
Tele: 24629412/ Telefax: 24629414
Email: uscs1-dopt@nic.in

To: Officers concerned (through website of this Department)

Annexure-I

Vacancies in US grade in Ministries / Departments

Click to see the Order

Be the first to comment - What do you think?  Posted by admin - September 22, 2016 at 6:03 pm

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Recruitment of sportspersons against Sports Quota and out-of-turn promotion to Railway sportspersons on sports account-modification/changes in policy : RBE No. 98/2016

Recruitment of sportspersons against Sports Quota and out-of-turn promotion to Railway sportspersons on sports account-modification/changes in policy

Government of India
Ministry of Railways
(Railway Board)

RBE No. 98/2016
Clarification/Corrigendum No. 74

No. 2015/E(Sports)/4(1)/17

New Delhi, dated 12.08.2016

The General Managers (P),

All Zonal Railways including
CLW, DLW, ICF, RCF, RWF, Metro Railway/Kolkata,
The CAO(R), DMW/Patiala,
The DG, RDSO/Lucknow.

Sub: Recruitment of sportspersons against Sports Quota and out-of-turn promotion to Railway sportspersons on sports account-modification/changes in policy.

Ref: Board’s letter No. 2010/E (Sports)/4(1)/1 (policy) dated 31.12.2010 (RBE No. 189/2010).

Attention is invited to Annexure-I to Board’s letter No. 2013/E(Sports)/4(1)/1/Policy Clarifications dated 23.12.2013 circulating the List of Junior National Championships recognized by RSPB for recruitment of sportspersons on Indian Railways against sports quota.

The 4th item of SN/12 of the list, name Vijay Hazare Trophy (One Day Limited Overs All India Inter Zonal Championship) as under-19 Men Cricket Championship.

However as per the Board of Control for Cricket in India (BCCI) Handbook, the Vijay Hazare Trophy is for Seniors and is not a Junior Championship. The inclusion of the said Championship in the List of Junior Championship in the above said Board’s policy letter dated 31.12.2010 is thus a clerical mistake and may be treated as deleted.

sd/-
(Bhaskar Roy Choudhary)
Dy. Director/Estt.(Sports)

Source: NFIR

Be the first to comment - What do you think?  Posted by admin - September 12, 2016 at 9:53 am

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