Posts Tagged ‘CCS’

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

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

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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Seventh Central Pay Commissions recommendations regarding revision of pay scales for amendment of Service Rules/Recruitment Rules – DoPT Order 2018

Seventh Central Pay Commission’s recommendations – revision of pay scales – amendment of Service Rules/Recruitment Rules. – DoPT Order 2018

F.No. AB-14017/13/2016-Estt.(RR)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Estt.-RR Division

North Block, New Delhi
Dated: 29th January, 2018

OFFICE MEMORANDUM

Sub: Seventh Central Pay Commission’s recommendations – revision of pay scales – amendment of Service Rules/Recruitment Rules.

The undersigned is directed to refer to this Department’s OM of even number dated 9th August, 2016 on the subject mentioned above wherein it was requested that as per the CCS (Revised Pay) Rules, 2016 issued by Department of Expenditure vide  Notification  dated 25th July, 2016, consequential amendment in the existing Service Rules/Recruitment Rules shall be made by the Ministries/Departments by substituting the existing Pay Band and Grade Pay by the new pay structure i.e. “LEVEL in the PAY MATRIX” straightaway without making a reference to the Department of Personnel and Training (DOP&T)/Union Public Service Commission (UPSC).

2. Subsequently, this Department has held meetings in October/November, 2016 with the administrative Ministries/Departments to review the progress in the  implementation of the OM. An important suggestion made in the meetings was with respect to facilitating the process of consultation with the Legislative Department for drafting notification for amendment of RRs in accordance with OM dated 9thAugust, 2016 and its Hindi translation so as to expedite the issue of notification. In this regard, this Department in consultation with Legislative Department prepared a model notification in English and Hindi for use of the Administrative Ministries/Departments. The same was issued for the use of Ministries/Departments vide this Department’s OM dated 18.01.2017.

3. Further, DoP&T vide OM of even number dated 16.02.2017 sought information with regard to implementation of OM dated 09.08.2016. However, no significant inputs on the issue were received from the Ministries/Departments despite repeated requests.

4. In View of the above, a meeting under the Chairmanship of JS (E) with all
Ministries/Departments was held on 04.01.2018. The Ministries/Departments were requested to furnish the details on the issue urgently so as to enable this Department to furnish a status report for information of PMO. The detail of the data received from various Ministries/Departments as on 24.01.2018 has been compiled and annexed. All Ministries/Departments are requested to scrutinize the data pertaining to them as per the annexure. In case some additions/corrections are required, the same may be communicated to this Division before 09.02.2018. In case no inputs are received, the data as indicated in the annexure shall be treated as final.

Encl.: As above

(Shukdeo Sha)
Under Secretary to the Government of India

To
All Cadre controlling Ministries/Departments

ANNEXURE

seventh_CPC_DoPT_2018

Source: DoPT

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

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

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

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

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

Dear Sir,

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

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

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

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

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

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

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

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

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

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

Source : http://ncjcmstaffside.com/

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Central Civil Services (Leave) Second Amendment Rules, 2017

Central Civil Services (Leave) Second Amendment Rules, 2017

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

NOTIFICATION

New Delhi, the 1st January, 2018

G.S.R.08(E).-In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

1. (1) These rules may be called the Central Civil Services (Leave) Second Amendment Rules, 2017.-(2) They shall come into force on the dale of their publication in the Official Gazette.

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

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

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

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

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

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

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

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

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

Note :

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

Source: DoPT

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All the CSS/CSSS Officers to file the Immovable Property Return (IPR) for the year 2017 (as on 31.12.2017)

All the CSS/CSSS Officers to file the Immovable Property Return (IPR) for the year 2017 (as on 31.12.2017)

GOVERNMENT OF INDIA
DEPARTMENT OF PERSONNEL & TRAINING
MINISTRY OF  PERSONNEL,  PUBLIC  GRIEVANCES AND PENSIONS

D.O.No.142/47/2015-AVD.I/D (Pt.)

NORTH BLOCK, NEW DELHI-110001
5th January, 2018

Dear Sir/Madam,

All the Group ‘A’ officers of CSS/CSSS cadre are required to submit their annual Immovable Property Returns (IPRs) of the previous year, latest by 31st January of the current year, as per Rule 18 of CCS (Conduct) Rules, 1964. Accordingly IPR-2017 as on 31.12.2017 is due to be filed latest by 31.01.2018.

2. In this context, CS Division vide their OM No. 26/01/2017-CS.I(PR/CMS) dated 21.12.2017 and 22.12.2017 has requested to all the CSS/CSSS Officers to file the Immovable Property Return (IPR) for the year 2017 (as on 31.12.2017) well in time, latest by 31.01.2018, through Web Based Cadre Management System only.

3. It may please be noted that Vigilance Clearance to Group ‘A’ Officers of CSS/CSSS cadre for the purpose of (a) empanelment; (b) any deputation for which Vigilance Clearance is sought; (c) appointment to the post of sensitive post, assignments to training programmes (except mandatory training), is examined as per the guidelines contained in DOP&T OM No 11012/11/2007-Estt.A dated 27.09.2011. As per the guidelines, non submission of IPR-2017, as on 31.12.2017 latest by 31.01.2018 would invite denial of Vigilance Clearance to the Group ‘A’ Officers of CSS/CSSS cadre, during the year 2018.

4. In view of the above, I would be grateful if necessary instruction in this regard is immediately issued to all Group ‘A’ Officers of CSS/CSSS cadre in your jurisdiction.

Yours sincerely
(Devesh Chaturvedi)

Source: DoPT

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CSSS – Submission of Immovable Property Return (IPR) for the year 2017

Submission of Immovable Property Return (IPR) as on 31.12.2017 by the Officers of CSSS

F. No. 26/2/2016-CS.II (A)
Government of India
Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel & Training
CS.II (A)

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi
Dated January 3, 2018.

OFFICE MEMORANDUM

Subject: Submission of Immovable Property Return (IPR) for the year 2017 (as on 31.12.2017) by the Officers of Central Secretariat Stenographer Services (CSSS) reg.

In terms of Rule 18 of CCS (Conduct) Rules, 1964, the Immovable Property Return is required to be furnished by the CSSS Officers in the grade of PPS ,Sr.PPS and PSO, latest by 31.01.2018. IPR should be submitted by all the CSSS Officers through Web Based Cadre Management System which is hosted at cscms.nic.in. A copy of the print out (IPR submitted online) duly signed, should also be submitted to CS.II (A) Section, which is the custodian of IPR of these Officers. Steno Grade D, PA and PS of CSSS will also submit the print out (IPR) duly signed, to their respective Admin/Vigilance Division.

2. Ministries/Departments are therefore, requested that the contents of this O.M. may be widely circulated to the notice of all CSSS Officers/Officials working under their respective control. They should also ensure that the IPR for the year 2017 (as on 31.12.2017) is submitted within the stipulated time by all the CSSS Officers. The officers are also informed that non-submission of IPR within the stipulated date, would invite the denial of vigilance clearance for empanelment, deputation and applying to sensitive posts and assignment to training programme (except mandatory training) as the IPR status needs to be checked for the said purpose(s).

3. It is, therefore, requested that all the CSSS Officers may be directed to file their Immovable Property Return (IPR) for the year 2017 (as on 31.12.2017) well in time, latest by 31.01.2018, through Web Based Cadre Management System only. IPRs received beyond the stipulated date, shall not be regarded as conforming to the extant guidelines.

4. In case of any difficulty in filing the IPR, the TCS Engine (Sh.Anuj Kumar) may be contracted at Telephone nos. 24629890 or 24629414 of this Division.

(Chirabrata Sarkar)
Under Secretary to the Government India

Source: DoPT Orders 2018

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

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

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

Dated – 01.01.2018

Shri Ajay Narayan Jha,

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

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

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

Sir,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

OPINION/ RECOMMENDATION OF THE CONFEDERATION

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

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

Treatment of Military Service Pay.

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

Methods of Pay Fixation

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

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

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

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

Thanking You

Encl: As stated.

Yours faithfully,

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

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

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7th Central Pay Commission’s recommendations – revision of Pay Scales – Meeting regarding Amendment of Service Rules/Recruitment Rules

7th Central Pay Commission’s recommendations – revision of Pay Scales – Meeting regarding Amendment of Service Rules/Recruitment Rules

7th-CPC-PAY-SCALE-SERVICE-RULES

F.No.AB-14017/13/2016-Estt.(RR)
Government of India
Ministry Of Personnel, Public Grievances and pensions
Department of Personnel and Training
Estt.-RR Division

North Block, New Delhi
Dated: 22nd December, 2017

MEMORANDUM

Sub: Seventh Central pay Commission’s recommendations – revision of pay scales – amendment or Service Rules/Recruitment Rules.

The undersigned is directed to refer to this Department’s OM or even number dated 9th August. 2016 the subject mentioned above wherein it was requested that as per the CCS (Revised pay) Rules, 2016 issued by Department or Expenditure vide Notification dated 25th July, 2016, consequential amendment in the existing Service Rules.’Recruitment Rules shall be made by the Ministries/Departments by substituting the existing pay Band and Grade pay by the new pay “LEVEL in the PAY MATRIX” straightaway without making a reference 10 the Department of Personnel and Training Public Service Commission (UPSC).

2. Further, DoP&T vide of even number dated 16.02.2017 sought information with regard to implementation of OM dated 09.08,2016. The issue is being monitored by higher authorities; however, so far this Department has not received any information from Ministries/Departments even a lapse of over a year. It has been decided to hold a meeting, under the Championship or JS (E), with all Ministries/Departments on 04.01.2018 in Room No.190, North Block, New Delhi.

3. All Ministries/Departments are requested to furnish a status report regarding amendment Of Recruitment Rules in pursuance of DoP&T OM dated 09/08/2016 in the annexure-II enclosed herewith. The schedule or the meeting is as per Annexure-I.

Encl. as above:

sd/-
(Shukdeo Sah)
Under Secretary (RR-II)

To,
All Cadre controlling Ministries/Departments

Annexure-I

Schedule of the meeting to be taken by Joint Secretary (Establishment) (Venue Room No.190, North Bloack New Delhi)
S.No. Ministies starting with alphabets Date and Time
1. A-I 04th January, 2018 at 03.00PM
2. J-Z 04th January, 2018 at 03.30PM


Annexure-II

Status regarding amendment of Recruitment Rules in pursuance of OM dated 09.08.2016

Sl.No Post / Designation Whether notification issued for amendment of RRs as per DoPT OM dated 09.08.2016. (Yes/No) If answer is no, current status to be indicated. (pending in the Ministry / legislative Department / Any other Reason)

Authority: www.dopt.gov.in

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