Posts Tagged ‘CCS’

DoPT: All India Protest Day for 26th November, 2018 – Instructions under CCS (Conduct Rules), 1964

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DoPT: All India Protest Day for 26th November, 2018 – Instructions under CCS (Conduct Rules), 1964

MOST IMMEDIATE
OUT TODAY

No C-.45018/1/2017-Vig.
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 12th November, 2018

Subject: All India Protest Day for 26th November, 2018 – Instructions under CCS (Conduct Rules), 1964 – Regarding

It has been brought to the notice of the Government that National Movement for Old Pension Scheme (NMOPS) has decided to observe ‘Gherao of Parliament House’ on 26th November, 2018 in order to demand withdrawal of New Pension Scheme (NPS).

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow etc. or any action that abet any form of strike/protest in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike/protest. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department’s O.M. No.33012/1 /(s)/2008- Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed protestlGherao, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on protest/Gherao, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty in the day of protest/Gherao, i.e., 26.11.2018.

Source: DoPT

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Gratuity for Central Civil Services

Gratuity for Central Civil Services

Frequently Asked Questions (FAQs)
(Central Civil Services)

10.GRATUITY

(10.1) When will the gratuity withheld at the time of retirement be released?
The withheld amount of gratuity under sub-rule (5) of CCS(Pension) Rules, 1972, the mretiring Government employees, shall be paid immediately on production of “No Demand Certificate” from the Directorate of Estates after actual vacation of the Government accommodation.

The Directorate of Estates shall ensure that “No Demand Certificate” shall be given to the Government employee within a period of fourteen days from the actual date of vacation of the Government accommodation and the allottee shall be entitled to payment of interest (at the rate applicable to General Provident Fund deposit determined from time to time by the Government of India) on the excess withheld amount of gratuity which is required to be refunded., after adjusting the arrears of licence fee and damages, if any, payable by the allottee and the interest shall be payable by the Directorate of Estates through the concerned Accounts Officer of the Government employee from the actual date of vacation of the Government accommodation up to the date of refund of excess withheld amount of gratuity.

(10.2) Whether retirement gratuity/death gratuity, commuted value of the pension is taxable?
No. Death gratuity/retirement gratuity and commuted value of the pension are fully exempted from Income tax.

(10.3) Is there any ceiling on gratuities and if so what is the maximum amount admissible?
Yes. Ceiling on all gratuities has been raised to Rs. 20 lakhs w.e.f 01.01.20016 (earlier the limit was Rs.10 lakhs). DA admissible on the date of retirement is also to be added with pay for calculation of gratuity.

(10.4) Whether retirement gratuity, death gratuity can be paid by PAO/CPAO?
No. The amount of retirement/death gratuity as determined by the PAO shall be intimated to the Head of Office who will draw and disburse the amount to the retired Government servant or to the nominee/family as the case may be.

(10.5) Whether 10% gratuity or whole of the Gratuity is to be withheld at the time of retirement of all Government Servants?
No. The Administrative Deptt/Accounts Officer shall not withhold any gratuity unless the Head of Office
a) Enclose instructions received from Directorate of Estate for withholding of 10% gratuity for outstanding license fee.
Or
b) Informs of ongoing disciplinary proceedings.

(10.6) What all are dues recoverable from retirement gratuity?
The Government dues as ascertained and assessed by the Head of Office which remain outstanding on the date of retirement shall be adjusted against the amount of retirement Gratuity. The term Government dues includes dues pertaining to Government accommodation including arrears of license fee as well as damages for occupation of the Government accommodation beyond the permissible period after the date of retirement, if any. Government dues also includes balance of house building advance, conveyance, or any other advance, overpayment of pay and allowance or leave salary and arrears of TDS etc.

(10.7) If the nominee for death gratuity is a minor, how will be the gratuity paid?
If death gratuity is granted to a minor member of the family, it shall be payable to the guardian on behalf of the minor. In the case of absence of a natural guardian, the death gratuity to the extent of 20% or Rs.1.50 lakhs shall be paid to the guardian, without production of a guardianship certificate, but subject to production of an indemnity bond with suitable sureties. The balance amount shall be paid to the guardian on production of a guardianship certificate.

(10.8) When the retirement gratuity be withheld by the Government?
The retirement gratuity can be withheld in the following circumstances. 1. 100% gratuity shall be withheld on retirement if any disciplinary/judicial proceedings are instituted against the Government servant before his retirement. The gratuity in such cases will be withheld till the conclusion of the departmental/judicial proceedings and issue of final orders thereon.

2. The Administrative Department/Accounts Officer receives instructions from Directorate of Estates to withhold 10% gratuity for outstanding license fee/damages in respect of the Government accommodation.

(10.9) What action is required to be taken when gratuity is withheld on account of continuing disciplinary proceedings/judicial proceedings and when these payments will be paid?
The President reserves to himself the right of withholding a pension or gratuity or both either in full or in part or withdrawing a pension in full or in part, whether permanently or for a specified period and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings, the pensioner is found guilty or grave misconduct or negligence during he  period or service, including service rendered upon re-employment after retirement. When the Government servant is exonerated fully after the departmental/judicial proceedings,, gratuity shall be paid after issue of the final orders. When the Government servant/pensioner is found guilty, Government will issue orders for regulation of gratuity.

(10.10) Whether interest is payable for delayed payment of gratuity and what is the rate of interest applicable in these cases of delayed payment of gratuity?
If payment of gratuity is delayed beyond its permissible period, interest at the rate of interest rate applicable to GPF deposits from time to time is required to be paid along with gratuity. In every case of delayed payment of gratuity shall be considered by the Secretary of the Administrative Ministry/Department and if the delay is due to administrative delay, Secretary of the Administrative Ministry/Department will sanction payment of interest. In all case where interest has been sanctioned by the Secretary of the Administrative Ministry/Department, such Ministry/Department shall fix the responsibility and take disciplinary action against the Government servant or servants who are found responsible for the delay in the payment of gratuity.

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Cases of promotion taking place in the pre-revised pay structure between 01.01.2006 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

Fixation of Pay on Promotion between 1.1.2016 and Date of Notification issue – NC JCM Staff Side

Shiva Gopal Mishra
Secretary

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

No.NC/JCM/2018

Dated: November 6, 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 01.01.2006 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.: MoF(Deptt. of Exp.)’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

Kindly call for my earlier letter of even number dated 18th January, 2018(copy enclosed), through which your kind attention was drawn towards MoF(Deptt. of Exp.)’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 supra 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. As they were not aware with the fact that any such benefit of pay fixation under Rule-13 would be extended in future as has been provided vide Deptt of Expenditure’s OM dated 16.10.2015, then they would not have exercised their option to switch over to CCS(RP) Rules, 2008 w.e.f. from their respective dates promotion/ financial upgradation, as per the option provided vide Deptt of Expenditure’s OM dated 05.07.2010.

Further, as per instruction of 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.

However, benefit of pay fixation allowed under Rule-13 of CCS(RP) Rules, 2008, as 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 contained 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 clarification to the Deptt. of Expenditure(Ministry of Finance).

Earlier, in similar cases, whenever Deptt. of Expenditure’s OM brings about a material change in the basis for exercise of option to come over to revised pay structure/unforeseen developments and change of rule in terms of the CCS(Revised Pay) Rules, opportunity to revise their option to come over to revised pay structure has always been given(as it was given through Deptt. of Expenditure’s OM dated 03.11.2013).

Also, it is also is heard that, DoPT is agreed that, re-fixation of pay for merged post under Rule-13 of CCS(RP) Rules-2008, on the basis of Department of Expenditure’s OM No.-F-2-1/2015-E.III(A) dated-16.10.2015, were unforeseen developments/change of rule. This brings a material change in the basis for exercise of option to come over to the revised pay structure.

Hence, it is very clear that, Deptt. of Expenditure’s OM dated 16.10.2015, brings a material change in the basis for exercise of option to come over to revised pay structure, unforeseen developments and change of rule in terms of the Railway Services(Revised Pay) Rules, 2008. Hence, it is demanded that, opportunity to revise their option to come over to revised pay structure, under the rule of the CCS(RP) Rules, 2008, w.e.f. 01.01.2006, may be given to those employees who are covered under the said letter dated 16.10.2015, as it is more beneficial for them as now.

In view of the above, it is requested that, necessary clarifications in this regard may kindly be communicated to all the Ministries/Departments of the Government of India, so that, aggrieved staff can get an opportunity to re-exercise their option, under Rule-6 of the CCS(RP) Rule, 2008, to switch over to CCS(RP) Rules, 2008, w.e.f. 01.01.2006, and get 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.

Sincerely Yours,
sd/-
(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)

Source: http://ncjcmstaffside.com

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DoPT: Stepping up of pay-Consolidated guidelines

DoPT: Stepping up of pay-Consolidated guidelines

No.4/3/20 17-Estt(Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi,
Dated the 26th October, 2018

OFFICE MEMORANDUM

Subject:- Stepping up of pay-Consolidated guidelines-reg.

The undersigned is directed to say that the issue of anomaly relating to senior Government employees drawing less pay than their juniors due to application of provisions of FR 22(I)(a)(1) is considered on merits for allowing stepping up pay of the seniors so as to bring it at par with that of the junior in accordance with the guidelines scattered in various OMs noted in the margin. A need has been felt to consolidate guidelines on stepping up of pay at one place keeping in view the provisions of the Central Civil Services (Revised Pay) Rules, 2016, [in short CCS(RP)Rules, 2016] as the frequent references on such issues continue to be received in this Department.

2. Consequent upon implementation of CCS(RP)Rules, 2016, the President is pleased to decide the following:

(i) In order to remove the anomaly of a Government servant promoted or appointed to a higher post on or after 1-1-2016 drawing lower pay in that post than another Government servant junior to him in the lower grade and promoted or appointed subsequently to another identical post, the pay of the senior Government servant in the higher post should be stepped up to a figure equal to the pay as fixed for the junior Government servant in that higher post. The stepping up should be done with effect from the date of promotion or appointment of the junior Government servant and will be subject to the following conditions, namely:

(a) both the junior and the senior Government servants should belong to the same cadre and the posts in which they have been promoted are identical in the same cadre;

(b) the Level in the Pay Matrix of the lower and higher posts in which they are entitled to draw pay should be identical;

(c) the anomaly is directly as a result of the application of the provisions of Fundamental Rule 22(I)(a)(1) read with Rule 13 of CCS(RP)Rules, 2016. For example, if the junior officer was drawing
more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this subrule should not be invoked to step up the pay of the senior officer.

(ii) The order relating to re-fixation of the pay of the senior officer in accordance with clause (i) shall be issued under Fundamental Rule 27 and the senior officer shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.

3. The following instances/events wherein juniors draw more pay than seniors, do not constitute anomaly and, therefore, stepping up of pay will not be admissible in such events:

(a) Where a senior proceeds on Extra Ordinary Leave which results in postponement of his Date of Next Increment in the lower post and consequently he starts drawing less pay than his junior in the lower grade itself. He, therefore, cannot claim pay parity on promotion even though he may be promoted earlier to the higher grade than his junior(s);

(b) If a senior forgoes/refuses promotion leading to his junior being promoted/appointed to the higher post earlier and the junior draws higher pay than the senior.

(c) If the senior is on deputation while junior avails of the ad-hoc promotion in the cadre, the increased pay drawn by the junior due to ad-hoc/officiating and/or regular promotion following such adhoc promotion in the higher posts vis-à-vis senior, is not an anomaly in strict sense of the term;

(d) If a senior joins the higher post later than the junior, for whatsoever reasons, whereby he starts drawing less pay than the junior. In such cases, senior cannot claim stepping up of pay at par with that
of his junior.

(e) If a senior is appointed later than the junior in the lower post itself whereby he is in receipt of lesser pay than the junior, in such cases also the senior cannot claim pay parity in the higher post if he draws less pay than his junior though he may have been promoted earlier to the higher post.

(f) Where an employee is promoted from lower post to a higher post, his pay is fixed with reference to the pay drawn by him in the lower post under FR22(I)(a)(1) read with Rule 13 of CCS(RP)Rules, 2016 and due to his longer length of service in the lower grade, his pay may get fixed at a higher stage than that of a senior direct recruit appointed to the same higher grade and whose pay is fixed under different set of rules. For example a Senior Secretariat Assistant (SSA) on promotion to the post of Assistant Section Officer (ASO) gets his pay fixed under FR 22(I)(a)(1) with reference to the pay drawn in the post of SSA, whereas the pay of ASO(DR) is fixed under Rule 8 of CCS(RP)Rules, 2016 at the minimum pay or the first Cell in the Level, applicable to ASO to which he is appointed. In such a case, the senior ASO (DR) cannot claim pay parity with that of the promotee junior ASO.

(g) Where a senior is appointed in higher post on ad-hoc basis and is drawing less pay than his junior who is appointed in the same cadre and in same post on ad-hoc basis subsequently, the senior cannot claim pay parity with reference to the pay of that junior since the ad-hoc officiating service in higher post is reversible and also since full benefits of FR22(I)(a)(I) are not available on ad-hoc promotion but only on regular promotion following such ad-hoc promotion without break.

(h) Where a junior gets more pay due to additional increments earned on acquiring higher qualifications.

Note: The above instances/events are only illustrative and not exhaustive.

4. These orders shall be in supersession of D/o Expenditure’s OM No.F.2(78)-E.III(A)63 dated 2nd February, 1966 and DOP&T’s OM No.4/7/92-Estt(Pay-I) dated 4th November, 1993.

5. This OM is effective from 0 1.01.2016.

6. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders have been issued after consultation with the Comptroller and Auditor General of India.

7. Hindi version will follow.

sd/-
(Rajeev Bahree)
Under Secretary to the Government of India.

View Order

Source: https://dopt.gov.in/

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Important Central Administrative Tribunal (CAT) Judgement

Important Central Administrative Tribunal (CAT) Judgement 

Central Administrative Tribunal
Principal Bench
New Delhi

OA No.571/2017

Order Reserved on: 13.02.2018
Pronounced on: 17.04.2018

Hon’ble Mr. K.N. Shrivastava, Member (A)

G.C. Yadav,
S/o late Kamal Singh Yadav,
(aged about 61 years)
(retired as Deputy Secretary)
R/o H.No.1627/3, Lane No.6,
Rajiv Nagar, Mata Road,
Gurugram-122001.

- Applicant

(By Advocate Shri L.R. Khatana)

-Versus-

1. Union of India
Through Secretary to the Govt. of India,
Ministry of Home Affairs,
North Block, New Delhi-110001.

2. Secretary to the Govt. of India,
Department of Pension & Pensioners’ Welfare,
Ministry of Personnel, Public Grievances & Pensions,
North Block, New Delhi-110001.

3. Secretary to the Govt. of India,
Department of Personnel & Training,
Ministry of Personnel, Public Grievances & Pensions,
North Block, New Delhi-110001.

-Respondents

(By Advocate Shri N.D. Kaushik)
(OA No.571/2017)

O R D E R

The applicant retired from the post of Deputy Secretary in the Ministry of Home Affairs, Government of India with effect from the afternoon of 31.12.2015 on attaining the age of superannuation. His date of birth is 01.01.1956. He has been deprived of the benefits of 7th Central Pay Commission’s recommendations, which came into effect w.e.f. 01.01.2016 on the ground that he retired prior to that date i.e. 31.12.2015.
2. The applicant submitted his representation dated 14.12.2015 (Annexure A-4 colly.) to the Secretary, Department of Personnel & Training (DoP&T) (respondent no.3) stating therein that he would cease to be a Government servant in the midnight of 31.12.2016 and thus acquired the status of a pensioner in the forenoon of 1st January, 2016. Hence, he is entitled to all the pensionary benefits viz. gratuity, fixation of pay/pension as per 7th Central Pay Commission’s recommendations. The representation dated 14.12.2015 of the applicant was forwarded by the Additional Secretary (S&V), DoPT to the Joint Secretary, Pension, Department of Pension and Pensioner’s Welfare (DoP&PW) vide letter dated 29.02.2016. The relevant portion of  the said letter is extracted below:

“2. In his representation, Shri Yadav has contended that the pensionary benefits accrue to a person when he acquires the status of Pensioner. As per the judgment of the Hon’ble Supreme Court in the case of S. Banerjee, the persons born on 1st January, 2015 were in Government service upto midnight of 31st December, 2015 and acquired the status of pensioner only in the forenoon of 1st January, 2016. Applying the law laid down by the Hon’ble Supreme Court in the case of S. Banerjee, the persons born on 1st January, 1956 acquired the status of pensioner only in the forenoon of 1st January, 2016. The recommendations of the 7th Pay Commission are likely to be implemented with effect from 1st January, 2016.”

3. Pursuant to the implementation of the 7th Central Pay Commission’s recommendations, DoP&PW (respondent No.2) issued Annexure A-2 Om dated 04.08.2016 revising the pension of pre-2016 pensioners/family pensioners. The grievance of the applicant is that his retiral benefits have been fixed in terms of Annexure A-2 OM, treating him as a pre-2016 retiree whereas he should be treated as a retiree w.e.f. 1.1.2016 and thus the 7th Central Pay Commission’s benefits should  accrue to him.
4. Respondent No.2 considered the representation dated 14.12.2015 of the applicant, which was duly forwarded by the DoPT vide aforementioned letter dated 29.02.2016 and vide impugned Annexure A-1 OM dated 03.01.2018 has declined the request of the applicant. The relevant portions of this OM are reproduced below:

“4. In the case of Shri Yadav, he actually retired on 31.12.2015 and was not in service on 1.1.16. Judgment of Hon’ble Supreme Court in the case of Shri S. Benerjee has no relevance in his case. In fact Rule 5 (2) of CCS (Pension) Rules, has already been amended and as per the amended rule date of voluntary retirement is treated as the last working day. Therefore, those who retired voluntarily on 1.1.2016 would be eligible for pay and pension benefits of 7th CPC as a post 1.1.2016 retiree.

5. Since Shri Yadav retired on superannuation on 31.12.2015, he is to be treated as a pre-2016 pensioner and is accordingly entitled to the benefit in revision of pension under the OM No.38/37/46-P&PW(A)(ii), dated 4.8.16.”

5. Aggrieved by the impugned Annexure A-1 OM dated 03.01.2017, the applicant has filed the instant OA praying for the following relief:

“B) That this Hon’ble Tribunal may be pleased to hold and declare that the impugned orders/action of the respondents is illegal, arbitrary, discriminatory, unconstitutional and violative of Articles 14 and 16 of the Constitution of India and quash and set aside the same and be pleased to further hold that since the Applicant superannuated with effect from the afternoon of 31.12.2015 and relinquished the charge of the post of Deputy Secretary in the afternoon of that date, he, as per law, is deemed to have effectively retired on or with effect from 1.1.2016 and therefore, cannot be treated as pre-2016 pensioner and direct the respondents to grant the retiral benefits such as fixation of pension, DCRG, commutation of pension, leave encashment etc. accordingly and pay the arrears thereof  with 12% interest within a specified time-frame.”

6. Pursuant to the notices issued, the respondents entered appearance and filed their reply in which they have broadly made the following important averments:

6.1 The applicant retired from Government service on 31.12.2015 and accordingly he has been treated as a pre-2016 pensioner and his pensionary benefits have been fixed in terms of the OM dated 4.8.2016 (Annexure A-2) of the DoP&PW.

6.2 As per the provisions of FR 56(a), a Government servant whose date of birth is first of a month shall retire from service in the afternoon of the last day of the preceding month on attaining the age of 60 years. Hence, the applicant, whose date of birth is 1.1.1956 is deemed to have been retired in the afternoon of 31.12.2015.

6.3 The judgment of Hon’ble Supreme Court in S. Banerjee v.Union of India, [AIR 1990 SC 295], relied upon by the applicant in para 4 (d) of the OA, is not relevant in the instant case. It is stated that Shri S. Banerjee had retired voluntarily and his date of retirement was 1.1.1986 whereas in the instant case the applicant retired on attaining the age of superannuation in the afternoon of 31.12.2015 and as such was not in service on 1.1.2016.

Check the Judgement Copy

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6th CPC Entry Pay Structure for Direct Recruits

6th CPC Entry Pay Structure for Direct Recruits

Entry Pay in the Revised Pay Structure for Direct Recruits Appointed on or After 1.1.2006

CCS (RP) Rules, 2008 – Section II of the Part ‘A’ of the First Schedule

Pay Band 1 Rs. 5200-20200

Grade Pay Pay in the Pay Band Basic Pay
1800 5200 7000
1900 5830 7730
2000 7510 9910
2800 8560 11360

Pay Band 2 (Rs. 9300-34800)

Grade Pay Pay in the Pay Band Basic Pay
4200 9,300 3,500
4600 12,540 17,140
4800 13,350 18,150

Pay Band 3 Rs. Rs.15 600-39100)

Grade Pay Pay in the Pay Band Basic Pay
5400 15,600 21,000
6600 18,750 25,350
7600 21,900 29,500

Pay Band 4 (Rs. 37,400-67,000)

Grade Pay Pay in the Pay Band Basic Pay
8700 37,400 46,100
8900 40,200 49,100
10000 43,000 53,000
12000 47,100 59,100

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Entry Pay to DR Appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits

Entry Pay to DR Appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits

CCS (RP) Rules, 2008 – Section II of the Part ‘A’ of the First Schedule – entry pay to DR appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits

No.8-23/2017-E.IIIA
Government of India
Ministry of Finance
Department Of Expenditure

North Block, New Delhi
28th September, 2018

Office Memorandum

Subject: CCS (RP) Rules, 2008 – Section II of the Part ‘A’ of the First Schedule – entry pay to DR appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits.

The undersigned is directed to invite the attention to the provisions contained in Section-2 of Part ‘A’ of the First Schedule Of the Central Civil Services (Revised Pay) Rules, 2008 which provides for entry pay in the revised pay Structure (pay structure effective from 1.1.2006 up to 31.122015) for direct recruits appointed On or after 1.1.2006 on a post and to say that pay in respect Of persons appointed to the same posts before 1.1.2006 is required to be fixed as on 1.1.2006 under Rule 7 and pay in respect persons appointed on the Same post on promotion on or after 1.1.2006 is required to be fixed under Rule 13 thereof

2. A number of references were received in Ministry of Finance, Department of Expenditure. Stating that the pay of seniors of a post was fixed at a stage lower than the entry pay applicable to the persons appointed on direct recruitment basis on that post on or after 1.1.2006. In such cases, steppiry of pay was allowed to the senior employee at par with the entry pay of direct recruits of those posts, subject to the conditions. inter-alia. that stepping up of pay of Seniors is applicable only in those cases which have an element Of direct recruitment and where a directly recruited junior is actually drawing more basic pay than the seniors. Thus, the stepping up of pay of Senior employees was admissible from the date a junior direct recruit joined on or after 1.1.2006

3. The matter was also considered in the meeting of the National Anomaly Committee (NAC) held on 177.2012 based on a demand raised by the Staff Side under the JCM NAC had recommended that in cases where Recruitment Rules provide for direct recruitment, then the Stepping up of pay of senior may be considered, even if no actual direct recruitment takes place or no direct recruit has actually joined. However. it was decided that stepping up of the pay of seniors can be claimed only in the case of those cadres which have an element of direct recruitment and in cases where a directly recruited junior is actually drawing more basic pay than the Seniors. Thus, stepping up of pay was dependent upon actual joiniry of a direct recruit.

4. Trained Graduate Teachers (TGTs) of the Government of National Capital Territories of Delhi (GFETD) filed OA No. 3217/2014 before the Honble Bench of CAT. The 13 petitioners of the post Of Trained Graduate Teachers (TGT) those who were appointed as TGT before 1.1.2006 as also those who were promoted to the post of TGT on or after 1.1.2006. The pay Of these 13 employees had been fixed as per the relevant provisions Of the CCS(RP) Rules. 2008 and the happened to be lower than the entry pay as applicable to direct recruits Of the post of TGT appointed on or after 1.1.2006. These petitioners prayed for re-fixing their pay as applicable to direct recruits appointed on or after 1.1.2006

5. The Hon’ble Principal Bench of CAT in their order dated 4.4.2016 in OA allowed the application and directed the Government to ensure that Of the applicant’S pay is fixed at a Stee lower than the which could be drawn by a direct recruit appointed an after 1.1_2006. The order of Hon ble CAT dated 4.4.2016 was upheld by the Honble Delhi High Court in terms Of their order dated 2332017 in WP(C ) No.2634/2017. The Honble Delhi High Court in its order dated 23.32017 observed. that the plea of stepping up of pay, as mentioned in para 2 above. means the direct recruits should actually joined before any stepping up Of pay be granted and the date of joining would be different as filling up of direct recruit vacancies in the cadre would vacancy position. Selection etc. The Honble Delhi High held that this Was unacceptable.

6. The arising Out Of the order Of Honble Delhi High Court dated 23.32017 was heard by the Hon’ble Supreme Court as part of the SLP md in its order dated 01.09.2017 (by. No. 23663/2017). the Honble Supreme Court has observed that once the question, in principle. has been settled. it is only appropriate on the part Of the Government to issue a Circular. The Honble Supreme Court further observed that the present Situation is that the stepping up is available only to those who have approached the Court, but since the issue other-wise became final, the Honble Supreme Court directed Government to immediately look into the and issue appropriate orders.

7. Accordingly, the nutter has been considered in the light of the above background and in the context of the specific orders of Hon’ble Supreme Court dated 0109.2017 as arising out Of the origiml issue raised by the Trained Graduated Teachers Of Gt•ETD in terms Of their OA No. 3217/2014. AS mentioned above. the petitioners in that case were those who were appointed as TGT before 1.1.2006 Md also promoted as TGT on after 1.1.2006. and had occasion for grievance because their in the pay Structure in vogue from 1.12006 had been fixed lower than the entry pay as prescribed for direct recruits appointed as TGT on or after 1.1.2006. Therefore. the principle of the benefit of py fixation, as flowing from the aforesaid orders Of Hon’ble CAT, Hon’ble Delhi

High Court and the Hon’ble Supreme Court, is that the pay of those who were appointed to the post prior to 1.1.2006 and those who were appointed to the post on promotion in the pay structure effective from 1.1.2006 onwards, and where in respect of Such posts entry pay for direct recruits appointed on or after l. 1.2006 has been prescribed giving rise to differential pay, may not be lower than the said entry pay. It is the case of differential pay in respect of employees Of a post, as caused by the existence of entry pay applicable for direct recruits on that post appointed on or after 1.12006, that has been addressed in the aforesaid case Of the post of TGTs. In case entry pay as per Section 11 of Part A of the First Schedule of the CCS(RP) Rules, 2008 is not applicable in case of a post, the Same will not give rise to differential pay for holders of the post and, hence, not covered under the ratio of the case of TGT.

8. Accordingly, the President is pleased to decide that in respect of those posts where entry pay for direct recruits appointed on or after 1.1.2006, as per Section 11 of Part A Of the First Schedule of CCS(RP) Rules, 2008, becomes applicable by virtue Of the provision of the element of direct recruitment in the relevant recruitment rules, the pay of Central government employees who were appointed to such posts prior to 1.1.2006 and whose pay, as fixed in the revised pay Structure under Rule 7 thereof as on 1.1.2006 turns out to be lower than the prescribed entry pay for direct recruits of that post, shall not be less than such entry pay w_e.f. 1.1.2006. Likewise. the pay of Central Government employees who were appointed to such posts by way of promotion on or after 1.1.2006 and whose pay. as fixed under Rule 13 of CCS(RP) Rules, 2008, happens to be lower than the said entry pay, Shall also not be less than such entry pay from the date of their promotion taking place on or after 1.1.2006.

9.In their application to the employees of office of Indian Audits and Accounts Department. these orders issue after consultation with the Comptroller and Auditor General Of India.

10.Hindi version of these orders is attached

sd/-
(Amar Nath Singh)
Director

Source: https://www.doe.gov.in/

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DoPT: All India Protest Day for 19th September, 2018 – Instructions under CCS (Conduct Rules) 1964

All India Protest Day for 19th September, 2018 – Instructions under CCS (Conduct Rules) 1964

DoPT

MOST IMMEDIATE
OUT TODAY

No.45018/1/2017-Vig.

Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 18th September, 2018

Subject: All India Protest Day for 19th September, 2018 – Instructions under CCS (Conduct Rules), 1964 – Regarding.

It has been brought to the notice of the Government that National Joint Council of Action (NJCA), New Delhi has decided to observe “All India Protest Day” on 19th September, 2018 in support of the following issues:

i. Upward Revision of Minimum Wage and Fitment Formula,
ii. Scrapping of the New Contributory Pension Scheme; and
iii. Allow Option No. 1 as one of the Pension Fitment Formula.

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow or any action that abet any form of strike in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(I) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also ruled in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Attention of all employees of this Department is also drawn to this Department’s O.M. No.33012/1/(s)/2008-Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed protest, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on protest, all Divisional Heads are requested to forward report indicating the number and details of employees, who are absent from duty on the day of protest, i.e., 19.09.2018.

(Juglal Singh)
Deputy Secretary (JCA)

Source: DoPT

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Prohibition on bringing any political or outside influence by Government servant or by their close relatives in respect of service matters

Prohibition on bringing any political or outside influence by Govt. servant or by their close relatives

CGDA Government servant

Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt 110010

No. AN/XIII/13006Nol-XXII

Dated 12.09.2018

To
The PCsDA/CsDA
The PIFAs/IFAs

(Through website)

Subject: Prohibition on bringing any political or outside influence by Govt. servant or by their close relatives in respect of service matters.

Reference: This HQrs letter bearing No. even dated 30.05.2017.

Please refer to the communication cited under reference containing guidelines regarding representation from Government servants on service matters. As per existing instructions, wherever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redressal of a grievance, the proper course for him is to address his immediate official superior, or Head of his office, or such other authority at the appropriate level who is competent to deal with the matter in the organization.

2. However, it has been observed that instances of bringing outside as well as political influence by the official and their close relatives in matters like transfer etc. are on the rise. Such trend has been viewed seriously and the officials concerned may be liable for disciplinary action for such transgression and violation of provisions of CCS (Conduct) Rules, 1964.

3. In this context, attention is also invited to DOP&T OM bearing F.No.11013/08/2013-Est(A-111) dated 31.08.2015.

4. The contents of this communication may be disseminated to all officers/ staff serving in your organization.

(Mustaq Ahmad)
Dy. CGDA(Admin)

 Source: cgda.nic.in

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Scheme of optional All India Leave Travel Concession (AILTC) facility, once in a block of four years (i.e. 2018-2021 onwards) on surrender of Privilege Passes (PP)

Scheme of optional ‘All India Leave Travel Concession’ (AILTC) facility, once in a block of four years (i.e. 2018-2021 onwards) on surrender of Privilege Passes (PP).

RBE No. 130/2018

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.E(W)2017/PS5-1/3

New Delhi, dated 10.09.2018

The General Managers (P)
All Zonal Railways &
Production Units.

Sub: Scheme of optional ‘All India Leave Travel Concession’ (AILTC) facility, once in a block of four years (i.e. 2018-2021 onwards) on surrender of Privilege Passes (PP).

Ref: Department of Personnel & Training (DoP&T)’s OM No.31011/15/2017- Estt.A-IV dated 27.03.2018.

Pursuant to recommendations of Seventh CPC, DoP&T have communicated Government’s decision, vide their OM referred above, to allow the Railway employees to avail AILTC facility in accordance with the ‘Central Civil Services (Leave Travel Concession) Rules, 1988′ i.e. CCS (LTC) Rules.

2. Accordingly, in exercise of powers conferred vide Rule 1(3)(iii) of Railway Servants (Pass) Rules, 1986 (Second Edition-1993), the Competent Authority in the Ministry of Railways has accorded approval to exclude such railway servants and other eligible persons (i.e. eligible for PP) from the facility of Privilege Passes in that particular calendar year in which they opt for AILTC facility. Applicants may avail AILTC facility subject to conditions stipulated in para 2 of the referred OM dated 27.03.2018 (copy enclosed as Annexure-I). This facility is further subject to procedural guidelines/conditions stipulated hereunder.

3. These orders shall be applicable to (i) Railway Servants entitled to PPs; (ii) Other government department’s officials serving in railways on deputation and entitled to PPs; (iii) Other officials serving in railways and entitled to PPs; and (iv) Officials of Audit Department (Railway) entitled to PPs. The Competent Authorities concerned shall modify terms and condition of such officials as required and necessary. These orders would not be applicable to those who are undergoing minor penalty of stoppage of even a single PP at the time of application for availing AILTC.

4. Those officials, who opt for AILTC facility, would be issued a “Privilege Pass Surrender Certificate” (PPSC) i.e. a pre-requisite for availing AILTC facility. The “Pass Issuing Authority” (PIA) shall issue the PPSC as per format at Annexure-II, duly following the procedure stipulated as under:-

(i) Applicant employee will submit an application (format at Annexure-III) to the concerned PIA for issue of a PPSC.

(ii) Thereafter, the PIA will first check the “Privilege Pass Account” (PPA) of the ‘ applicant to verify whether the applicant has already availed any PP or not in that particular calendar year.

(iii) If applicant has already availed a PP in that particular calendar year, then the application for issue of PPSC would be rejected and the applicant should be intimated accordingly, as per format at Annexure-IV.

(iv) If applicant has not availed any PP in that particular calendar year, the PIA concerned will disallow operation of PPA by blocking it with an entry (PPSC issued on date …./…/…… /) in PPA so that the applicant is barred from drawing any PP, even inadvertently, during that particular calendar year in which AILTC facility has been opted.

(v) If both husband and wife are entitled to PPs, both have to surrender their respective entitled PPs that are admissible to them in the calendar year in which either of them opt for AILTC facility. In this scenario, PIA will issue a single composite PPSC duly completing Part-II of the PPSC. The following procedure will be followed, additionally, in such cases:-

(a) If PPAs of both the spouses are maintained by same PIA at the time of applying for AILTC facility, then the composite PPSC will be issued by the PIA after receipt of a joint application from both of them.

(b) If PIAs of both the spouses are different (due to any reason or on account of their working in separate Railways/Divisions/Units, etc.), the PPSC shall be issued by the PIA concerned of the applicant only after receipt of a “Confirmation Note in lieu of PPSC”(CN) to be issued (by other PIA as per format in Annexure-V) in favour of spouse of the main applicant. The spouse will apply for CN as per format at Annexure-VI.

(vi) In case of a deputationist (i.e. Railway servant serving on deputation etc in any other organization) and eligible for PPs as per statutory rules, the PIA concerned will issue PPSC as per aforementioned procedure.

(vii) The PIA will issue PPSC/CN or intimate about rejection/non-acceptance of the request, as the case may be, within ten working days of receipt of application.

(viii) After issue of PPSC/CN, request for its cancellation and re-opening of PPA will not be entertained on any ground, even if AILTC facility could not be availed due to whatsoever reason i.e. whether administrative or personal reasons.

(ix) The role of PIAs will cease once “PPSC” is issued to the applicant. Matters such as advance/reimbursement/travel entitlements during availing of AILTC shall be dealt by other respective Sections of Personnel/Accounts Department handling Travelling Allowance claims, taking into account PPSC as a basic document alongwith other documents stipulated in the CCS (LTC) Rules.

(x) A duplicate PPSC/CN can only be issued under special circumstances by the PIA concerned after taking approval of the Principal CPO.

5. The Railways should administer the AILTC facility strictly in accordance with the CCS (LTC) Rules-1988, as modified from time to time, without any deviation. It may be noted that ‘Home Town LTC/Home Town converted LTC” shall not be admissible to railway servants and the definitions of beneficiaries for LTC (e.g. members of family, dependents), dependency criteria, etc are different from that of Railway Servants (Pass) Rules, 1986. A copy of DoP&T’s letter No.31011/7/2013-Estt.(A)-IV dated 26.09.2014, containing clarifications and illustrations on administering LTC entitlements of “Fresh Recruits” is enclosed as Annexure-VII. Accordingly, the AILTC facility shall be regulated fully by the conditions and definitions as laid down in the CCS (LTC) Rules.

6. Regarding travel entitlements for availing of AILTC facility, copies of following OMs, as applicable on date, are enclosed:-

Issued by Details Annexure No.
Ministry Of Finance OM No.19030/1/2017-E.IV dated 13.07.2017 Annexure – VIII
DoP&T OM No.31011/8/2017-Estt.A-IV dt.19.09.2017 Annexure-IX
DoP&T OM No.31011/8/2017-Estt.A-IV dt.18.01.2018 Annexure-X

It may be noted that DoP&T have stipulated vide their OM dated 19.09.2017 that (i) the travel entitlements for the purpose of LTC shall be the same as TA entitlements as notified vide MoF’s OM dated 13.07.2017, excepting the air travel entitlement for the employees in Level 6 to 8 of the Pay Matrix (para 3) and (ii) the other conditions that would govern the LTC facility (para 4). Hence, the same entitlement prevailing in civil side (i.e. not as per railway entitlement) will be applicable for availing  AILTC facility.

7. To summarize, the position, as contained in above OMs, with certain modifications, is briefly brought out in the table below:-

Pay Level in Pay Matrix Travel/LTC entitlement for AILTC
Level 1 to 5 Travel entitlement/Class of travel, etc in various modes of transports shall be as per Ministry of Finance’s OM No. 19030/1/2017-E.IV dated 13.07.2017 subject to other conditions stipulated in DoP&T’s OM No. 31011/8/2017-Estt- A-IV dated 19.09.2017.
Level 6 to 8 Air travel entitlement stipulated in Ministry of Finance’s OM No. 19030/1/2017-E.IV dated 13.07.2017 is not admissible for LTC. However, all other entitlements shall be as per aforementioned MoF’ OM dated 13.07.2017 and subject to other conditions stipulated in aforementioned DoP&T’s OM dated 19.09.2017.
Level 9 to 13 and NFSAG officers Travel entitlement/Class of travel, etc in various modes of transports shall be as per Ministry of Finance’s OM No. officers 19030/1/2017-E.IV dated 13.07.2017 subject to other conditions stipulated in DoP&T’s OM No. 31011/8/2017-Estt- A-TV dated 19.09.2017.
Level 14 & above (excluding NFSAG Officers) Travel entitlement/Class of travel, etc in various modes of transports shall be as per Ministry of Finance’s OM No.19030/1/2017-E.IV dated 13.07.2017 subject to other conditions stipulated in DoP&T’s OM No. 31011/8/2017-Estt.A-IV dated 19.09.2017 and also as clarified vide DoP&T’s OM No.31011/8/2017-Estt.A-IV dated 18.01.2018.

8. The Zonal Railways and PUs are advised to get themselves familiarized with the extant CCS (LTC) Rules as well as clarifications available in the official website of DoP&T (i.e. presently (i) https://dopt.gov.in/ccs-ltc-rules and (i) https://dopt.gov.in/ notifications/oms-and-orders/ © Establishment o LTC Rules). It may also be noted that OMs/Notifications related to CCS (LTC) Rules issued and uploaded from time to time by DoP&T in their official website will come into force with immediate effect for regulation of AILTC facility as being extended by this order. Hence, these orders/instructions will not be circulated separately by the Ministry of Railways. Accordingly, the Railways and PUs should regularly visit the official website of DoP&T and download the latest instructions from time to time for settling claims of LTC etc and for compliance.

9. However, if any clarification in respect of TA Rules notified by Ministry of Finance is required, the same may be addressed to the Nodal Dte. in Board’s office viz. Finance Establishment Dte. for further examination and issue of appropriate clarification/reply.

10.This issues with the concurrence of the Finance Directorate of Ministry of Railways.

11. Hindi version will follow.

(V. Muralidharan)

Dy. Director Estt. (Welfare)-I

Railway Board

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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

Latest updates of fixation of pay from DNI, if opted for, in context of CCS (RP) Rules, 2016

No.2-1612017-PAP
Government of India
Ministry of Communications
Department of Posts
[Establishment Division I PAP Section]

Dak Bhawan, Sansad Marg New Delhi – 110 001
Dated: 05.09.2018

To
All Chief Post Masters General,
The Director, Rafi Ahmed Kidwai National Postal Academy, Ghaziabad, U.P. All Post Masters General
All General Managers (Postal Accounts & Finance),
All Directors of Accounts (Postal),
All Directors of PTCs

Sub: 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 – clarification regarding.

I am directed to forward herewith the copy of Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training O.M. No. 13/02/2017- Estt.(Pay-l) dated 28th August, 2018 on the subject cited above for kind information and further necessary action at your end.

[K. V. Vijyakumar]
Asstt. Director General [ESTT.]

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Disposal of PPO – death of the pensioner with no claimant authorized for family pension in the same PPO

Disposal of PPO – death of the pensioner with no claimant authorized for family pension in the same PPO.

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-II, BI-IIKAJI CAMA PLACE.
NEW DELHI-110066
PHONES 26174596, 25174455, 261 74436

CPAO/IT&Tech/Bank Performance/37 Vol.III/2018-19/85

17/20.08.2018

OFFICE MEMORANDUM

Subject:- Manner of disposal of PPO – death of the pensioner with no claimant authorized for family pension in the same PPO.

Attention is invited to this office OM No. CPAO/Tech/Bank Performance/2014¬15/511-581 dated- 23.09.2011- (copy enclosed) wherein all Heads of the CPPC and Heads of Government Business Department of the Banks were instructed to return both halves of PPO to CPAO where no nominee is authorized for pension on the same PPO so that the family pension could be authorized to other eligible members of the family of the pensioner.

It has been observed that the both halves of the PPOs are not being returned by the CPPCs of the banks which has resulted in a number of court cases for delay in the commencement of family pension to the family pensioner other than the spouse.

It is reiterated that both halves of the PPO may be returned to the CPAO in case there is no nominee authorized for family pension on the same PPO exist as stipulated at per Para 23.3 of the Scheme for Payment of Pension to Central Government Civil Pensioners by Authorized Banks (Fourth Edition, 3rd December, 2004).

As per Para 23.3 of the Scheme for Payment of Pension to Central Government Civil Pensioners by Authorized Banks (Fourth Edition, 3rd December, 2004), wherein it is clearly stated that “The paying branch will enter the date of death of the pensioner in the disburser’s portion of the PPO as well as pensioner’s portion and in the register in the form as in Annexure VIII (pg. 33). The pensioner’s half of PPO will then be returned to the nominee if family pension stands authorized through the same PPO; otherwise it will be returned to the Link Branch/CPPC along with the disburser’s half, for onward transmission to the CPAO. The latter will up-date its record and transmit both halves of the PPO after keeping the necessary note in their records, to the PAO/AG who had issued the PPO for similar action and record”.

All the Heads of the CPPC and Heads of Government Business Department of the Banks are requested to adhere to the above guidelines and return both halves of the PPO to the CPAO in order to avoid delay in finalization of family pension cases other than spouse.

This issues with the approval of Chief Controller (Pensions].

(Md. Shahid Kamal Ansari)
(Asstt. Controller of Accounts)

The non-compliance of these instructions by the banks is resulting increase in receipt of number of court cases and legal cases in CPAO, non-updation of CPAO’s and PA0’s relevant record, delay in authorization of family pension to the eligible family members for whom a new PPO is to be issued, causing hardship to the claimants, points raised by the Pensioners’ Welfare Associations from different platforms including SCOVA meetings.

The Para 6.3.1 of the CPPC Guidelines also stressed upon the strict adherence to the codal provisions of “Scheme Booklet“, CCS(Pension) Rules, Orders, Guidelines on Pension issued by Government of India/Reserve Bank of India from time to time.

Non-compliance of codal provisions by the banks is a very serious lapse on their part. Therefore, it is imperative to instruct the Heads of CPPC of all the banks/ Heads of Govt. Business Divisions to take a stock of these cases and send a Review Report within seven days from the receipt of this Office Memorandum followed by returning of both the halves of all such PPOs wherein pensioner/spouse has died and no claimant for family pension has been authorized in the PPO. The matter may be taken on priority as it is under review at the higher level.

This issues with the approval of Chief Controller (Pensions).

The Hindi version will follow.

(M.M..lidrrahik)
Asstt. Controller of Accounts

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FAQ on Pension Policy (Central Civil Services)

FAQ on Pension Policy (Central Civil Services) – Latest Updation

Frequently Asked Questions (FAQs)
(Central Civil Services)

1. PENSION POLICY

(Last Updated : 18.04.2018)

(1.1) Which rules govern pension and gratuity to the employees retiring from Central Government Civil Departments.
Pension and gratuity of the employees retiring from Central Government Departments is regulated by the Central Civil Services (Pension) Rules, 1972. There are separate rules regarding pension and gratuity of Railway employees and Defence personnel.

(1.2) Is the date of voluntary retirement treated as duty?
Yes, the date of voluntary retirement is treated as duty (Rule 5).

(1.3) Who is eligible for pension?
A Govt. servant appointed in a pensionable establishment on or before 31.12.2003 and retires from Government service with a qualifying service of 10 years or more is eligible for pension (Rule 2, 49).

(1.4) How is pension calculated?
W.e.f. 1.1.2006, pension is calculated @ 50% of emoluments (last pay) or average emoluments (for last 10 months), whichever is more beneficial to the retiring Govt. servant. (Rule 49).

(1.5) What happens to the departmental proceedings instituted against a Govt. servant during service and pending at the time of retirement? Can pension/gratuity be paid to a retiring, Govt. servant if Departmental/Judicial proceeding are pending against him at the time of retirement?
Department proceedings pending at the time of retirement are deemed to be the proceedings under Rule 9 and shall be continued and concluded by the same disciplinary authority and in the same manner. Thereafter, authority will submit a report recording its finding to the President. In such cases, only provisional pension is paid and gratuity is withheld till the conclusion of departmental proceedings and issue of final orders thereon by the competent authority.

(1.6) Can Departmental proceedings be instituted after retirement?
Departmental proceeding can be instituted after retirement subject to following conditions:-

(a) Sanction of the President shall be obtained before instituting such proceedings;

(b) The proceedings shall not be in respect of any event which took place more than 4 years such institution;

(c) Proceedings shall be conducted by such authority and in such place or the President may direct and in accordance with rules applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Govt. servant during his service.

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DoPT: Revision of Provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972

Revision of Provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972

No.25014/06/2016.AIS-II

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block. New Delhi – 110001
Dated the 18th April 2018

To
The Chief Secretaries of all the
State Governments and UTs.

Subject: Revision of Provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972.

Sir,

I am directed to refer to the Department of Pension and Pensioner Welfare’s OM No. 38/49/16-P&PW(A) dated 12th February, 2018 (copy enclosed) regarding “Revision of Provisional pension“.

2. The applicability of the provisions of the aforesaid OM regarding grant of Provisional Pension sanctioned under Rule 69 of the CCS(Pension) Rules, 1972 has been considered by this Department and it has been decided to make the provisions of the aforesaid Office Memorandum of Department of Pension and. Pensioner Welfare regarding “Revision of Provisional Pension” applicable mutatis-mutandis, to the All India Service Pensioners to whom provisional pension was sanctioned under Rule 6 of All India Service(Death-Cum Retirement-Benefits) Rules, 1958.

Yours faithfully

S/d,
(Jyotsna Gupta)
Under Secretary to Government of India

No.38/49/16-P&PW(A)

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

3rd floor, Lok Nayak Bhavan,
Khan Market, New Delhi
Dated the 12th February ,2018

Office Memorandum

Sub:- Revision of provisional pension sanctioned tinder Rule 69 of the CCS (Pension) Rules, 1972

The undersigned is directed to say that in implementation of the decision taken on the recommendations of the 7th CPC, orders were issued vide this Departments’ OM No. 38/37/2016- P&PW(A)(ii) dated 04.08.2016 for revision of pension of pre-2016 pensioners/family pensioners w.e.f 01.01.2016 by multiplying the pre-revised pension/family pension by a factor of 2.57. Subsequently, vide OM No: 38/37/20 I6-P&PW(A) dated 12.05,2017, it has been decided that the pension/family pension of all Central civil pensioners/Family pensioners, who retired/dial prior to 01.01.2016, may be revised w.e.f. 01.01.2016 by notionally fixing their pay in the pay matrix recommended by the 7 th CPC in the level corresponding to the pay in the pay scale/pay band and grade pay at which they retired/died.

2. Instructions were issued vide this Department’s OM of even number dated 30.11.2016 for extending the benefit of OM dated 4.8.2016 to the following categories of pensioners drawing provisional pension under Rule-69 of the CCS (Pension) Rules, 1972,

(i) Retired before 1,1.2016 and sanctioned provisional pension under Rule-69 of the CCS (Pension) Rules on account of departmental/judicial proceedings or suspension.

(ii) Suspended before 1,1.2016 and sanctioned provisional pension, based on their pre-revised pay under Rule-69 of the CCS (Pension) Rules on retirement on or after 1.1.2016.

3. It has now been decided that provisional pension sanctioned in the above cases may be revised w.e,f. 1,1.2016 in accordance with the instructions contained in this Department’s OM No.38/37/2016-P&PW(A) dated 12th May, 2017. Higher of the two formulations i.e. OM dated 4.8.2016 or OM dated 12.5.2017 would he the revised provisional pension 1.1.2016 in such  cases.

4. This issues with the approval of Department of Expenditure. Ministry of finance ID N0.1(21)/E-V/2016 dated 15,01.2018.

5. Hindi version will follow.

Enc. a. a.

S/d,
(Harjit Singh)
Director

To
All Ministries/Departments as per standard list attached.

Source: DoPT

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Recognition of Central Secretariat MTS Association

DoPT: Recognition of Central Secretariat MTS Association

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, NewDelhi-110003

Office Memorandum

Subject: Recognition of Central Secretariat MTS Association – regarding.

The undersigned is directed to refer to OM of even number dated 29.06.2017, 06.09.2017 and CSMTSA’s letter No. CS MTS/Recog/US/2018 dated 12/03/2018 on the subject mentioned above and to say that on the basis of information furnished by the DDOs of Ministries/ Department, it has been found that the Central Secretariat MTS Association has sufficient members for its recognition.

2. As such, it has been decided with the approval of Competent Authority to accord recognition to the Central Secretariat MTS Association under CCS (Recognition of Service Associations) Rules, 1993.

3. The recognition of the aforesaid Association will be valid upto 5 years or further directions issued in this regards, whichever is earlier.

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

Source: DoPT
Download Order

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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

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Payment of Gratuity (Amendment) Act, 2018 brought in force on 29th March, 2018

Gratuity ceiling raised to 20 Lakhs w.e.f. 29.3.2018

Payment of Gratuity (Amendment) Act, 2018 brought in force on 29th March, 2018

Decision:The Payment of Gratuity (Amendment) Bill, 2018 has been passed by Lok Sabha on 15th March, 2018 and by the Rajya Sabha on 22nd March, 2018, has been brought in force on 29th March, 2018.

Background: The Payment of Gratuity Act, 1972 applies to establishments employing 10 or more persons. The main purpose for enacting this Act is to provide social security to workman after retirement, whether retirement is a result of superannuation, or physical disablement or impairment of vital part of the body. Therefore, the Payment of Gratuity Act, 1972 is an important social security legislation to wage earning population in industries, factories and establishments.

2. The present upper ceiling on gratuity amount under the Act is Rs. 10 Lakh. The provisions for Central Government employees under Central Civil Services (Pension) Rules, 1972 with regard to gratuity are also similar. Before implementation of 7th Central Pay Commission, the ceiling under CCS (Pension) Rules, 1972 was Rs. 10 Lakh. However, with implementation of 7th Central Pay Commission, in case of Government servants, the ceiling has been raised to Rs. 20 Lakhs.

3. Therefore, considering the inflation and wage increase even in case of employees engaged in private sector, this Government decided that the entitlement of gratuity should also be revised in respect of employees who are covered under the Payment of Gratuity Act, 1972. Accordingly, the Government initiated the process for amendment to Payment of Gratuity Act, 1972 to increase the maximum limit of gratuity to such amount as may be notified by the Central Government from time to time. Now, the Government has issued the notification specifying the maximum limit to Rs. 20 Lakh.

4. In addition, the Bill also envisages to amend the provisions relating to calculation of continuous service for the purpose of gratuity in case of female employees who are on maternity leave from ‘twelve weeks’ to ‘such period as may be notified by the Central Government from time to time’. This period has also been notified as twenty six weeks.

Major Impact: The Bill as passed by both the Houses of Parliament, and assented to by the Hon’ble President and notified by the Government. This will ensure harmony amongst employees in the private sector and in Public Sector Undertakings/ Autonomous Organizations under Government who are not covered under CCS (Pension) Rules. These employees will be entitled to receive higher amount of gratuity at par with their counterparts in Government sector.

Source: PIB

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Grant of vigilance clearance for obtaining passport

Grant of vigilance clearance for obtaining passport

F. No. 11012/7/2017-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi – 110001
Dated 28th March, 2018

OFFICE MEMORANDUM

Subject: Grant of vigilance clearance for obtaining passport.

The undersigned is directed to say that matter regarding guidelines for granting vigilance clearance to members of the Central Civil Service holding Central Civil Posts
have been reviewed and it has been decided to lay down guidelines for grant of vigilance clearance to the Government servant for obtaining Indian Passport.

2. Ministry of External Affairs (MEA) has issued the guidelines for issuance of ordinary Passport to the Government servant vide O.M. No. VI/401/01/05/2014 dated 26.05.2015 in connection with procedures to be the followed in case of passport to be issued to Government servant.

3. In view of the above, it is mandatory for the administrative Department/Controlling Authority to check whether any provision of the Section 6(2) of the Passport Act, 1967 are attracted in the case of employee, who are working under them, while obtaining Indian Passport. As such, it is required to check the vigilance clearance of such Government servant.

4. Accordingly, it has been decided that vigilance clearance can be withheld only under the following circumstances:

(i) The officer is under suspension;

(ii) A charge sheet has been issued against the officer in a disciplinary proceeding and the proceeding is pending.

(iii) Charge sheet has been filed in a Court by the investigating Agency in a criminal case and the case is pending.

(iv) Sanction for investigation or prosecution has been granted by the Competent Authority in a case under the PC Act or any other criminal matter.

(v) An FIR has been filed or a case has been registered by any Government entity against the officer, after a preliminary fact finding inquiry.

(vi) The officer is involved in a trap/ raid case on charges of corruption and investigation is pending.

5. Vigilance clearance shall not be withheld due to an FIR filed on the basis of a private complaint unless a charge-sheet has been filed by the investigating agency
provided that there are no directions to the contrary by a competent court of law. However, the information regarding FIR may be provided to the Passport Office. The final decision will be taken by the concerned Passport Issuing Authority.

6. There may be situations wherein wards and relatives of the civil servants residing abroad (for education and other purposes) could be having medical emergencies or family events. The officer himself/ herself may require to visit abroad for medical reasons. Therefore, as a policy, ordinarily, a passport will not be granted if a disciplinary proceeding is pending against the officer. However, the competent authority can take a view wherein a foreign travel is necessitated due to extreme urgent situation like medical emergencies etc. on case to case basis.

7. All Ministries/ Departments/Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control.

8. Hindi version will follow.

(Sanjiv Kumar)
Deputy Secretary to the Government of India

Source: DoPT

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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

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7th CPC: Revision of provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972

7th CPC: Revision of provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972

7th-CPC-CCS-Rules

No. 38/49/ 16 – P&PW (A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi
Dated the 12th February, 2018

Office Memorandum

Sub: – Revision of provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972

The undersigned is directed to say that in implementation of the decision taken on the recommendations of the 7th CPC, orders were issued vide this Departments’ OM No. 38/37/2016- P&PW(A) (ii) dated 04.08.2016 for revision of pension of pre-20 16 pensioners/family pensionersw.e.f 01.01.20 16 by multiplying the pre-revised pension/ family pension by a factor of 2.57. Subsequently, vide OM No. 38/37/20 16-P&I’W(A) dated 12.05.2017, it has been decided that the pension/family pension of all Central civil pensioners/ family pensioners, who retired/died prior to 01.01.2016, may be revised w.e.f. 01.01.20 16 by notionally fixing their pay in the pay matrix
recommended by the 7th CPC in the level corresponding to the pay in the pay scale/pay band and grade pay at which they retired/died.

2. Instructions were issued vide this Department’s OM of even number dated 30.11.2016 for extending the benefit of OM dated 4.8.2016 to the following categories of pensioners drawing provisional pension under Rule-69 of the CCS (Pension) Rules, 1972.

(i) Retired before 1.1.2016 and sanctioned provisional pension under Rule-69 of the CCS (Pension) Rules on account of departmental/ judicial proceedings or suspension.
(ii) Suspended before 1.1.2016 and sanctioned provisional pension, based on their pre revised pay under Rule-69 of the CCS (Pension) Rules on retirement on or after
1. 1.2016.

3. It has now been decided that provisional pension sanctioned in the above cases may be revised w.e.f. 1. 1.2016 in accordance with the instructions contained in this Department’s OM No.38/37/2016-P&PW(A) dated 12th May, 2017. Higher of the two formulations i.e. OM dated 4.8.2016 or OM dated 12.5 .2017 would be the revised provisional pension w.e.r. 1.1.2016 in such cases.

4. This issues with the approval of Department of Expenditure, Ministry of Finance lD No.I(21 )/E-V/2016 dated 15.01.2018

5. Hindi version will Follow.

Enc. a.a.

(Harjit Singh)
Director

To
All Ministries/Departments as per standard list attached.

Download Government Order

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