Posts Tagged ‘Government Servant’

DoPT: The Fundamental Amendment Rules 2018 – Amendment in FR 22(I)(a)(1)

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DoPT: The Fundamental Amendment Rules 2018 – Amendment in FR 22(I)(a)(1)

amendment-rules-dopt

 

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

New Delhi, the 19th November, 2018

G.S.R.370.- In exercise of the powers conferred by the proviso to article 309 and clause(5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Fundamental Rules. 1922, namely:-

1. (1) These rules maybe called the Fundamental (Amendment) Rules, 2018.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Fundamental Rules. 1922, in rule 22. in sub-rule (1), in clause (a). for sub-clause (I). the following sub-clause shall be substituted, namely:-

“(1) where a Government servant holding a post, other than a tenure post, in a substantive or temporary or officiating capacity is promoted or appointed in a substantive. temporary or officiating capacity, as the case may be, subject to the fulfillment of the eligibility conditions as prescribed in the relevant Recruitment Rules, to another post carrying duties and responsibilities of greater importance than those attaching to the post held by him, his initial pay in the time-scale shall be fixed by giving one increment in the level from which the Government servant is promoted and he or she shall be placed at a cell equal to the figure so arrived at in the level of the post to which promoted or appointed and if no such cell is available in the level to which promoted or appointed, he shall be placed at the next higher cell in that level.

 

Save in cases of appointment on deputation to an ex cadre post. or to a post on ad hoc basis or on direct recruitment basis, the Government servant shall have the option, to be exercised within one month from the date of promotion or appointment, as the case may be, to have the pay fixed under this rule from the date of such promotion or appointment or to have the pay fixed initially at the next higher cell in the level of the post to which he or she is promoted on regular basis and subsequently, on the date of accrual of next increment in the level of the post from which Government Servant is promoted, his pay shall be re-fixed and two increments (one accrued on account of annual Increment and the second accrued on account of promotion) shall be granted in the level from which the Government Servant is promoted and he or she shall be placed. at a cell equal to the figure so arrived, in the level of the post to which he or she is promoted; and if no such cell is available in the level to which he or she is promoted, he or she shall be placed at the next higher cell in that level.

 

In cases where an ad hoc promotion is followed by regular appointment without break, the option is admissible from the date of initial appointment or promotion. to he exercised within one month from the date of such regular appointment.
In cases where an officer has retired as ad hoc before being regularised to that post and later on has been assessed during the process of regularisation and found fit by the competent authority along with his or her juniors, who are still in service and are eligible to avail of the option facility from a date on which the retired employee was still in service, the same option facility shall also be extended to the retired employee, to be exercised within three months from the date when his or her junior became eligible to avail of option facility and in cases where such retired employee was
himself the junior most, he or she may exercise the option facility within three months from the date when his or her immediate senior became eligible to avail of option facility:

 

Provided that where a Government servant is immediately before his promotion or appointment on  regular basis to a higher post, drawing pay at the maximum of the level of the lower post, his initial pay in the level of the higher post shall be fixed at the cell equal to the figure so arrived at in the level of the post to which promoted or appointed by increasing his pay in respect of the lower post held by him on regular basis by an amount equal to the last increment in the level of the lower post and if no such cell is available in the level to which he is promoted or appointed, he shall be placed at the next higher cell in that level.”

[F.No. 13/1/20 17-Estt.(Pay-I)]
RAJEEV BAHREE, Under Secy.

 

Note: The Fundamental Rules came into force from 1st January, 1922 and these rules were amended earlier as per  details below:-

1. Ministry of Finance Notification No.2(9)-E.III/61 dated 01.02.1963;
2. Ministry of Finance Notification No.1(1 )-E.III(A)/65 dated 20.02.1965;
3. Ministry of Finance Notification No. l(25)-E.IlI(a)/64 dated 30.11.1965;
4. Ministry of Finance Notification No. F.1(25)-E.ITT(A)/64 dated 01.10.1966;
5. Ministry of Finance Notification No. I (3)-E.TTI(a)/64-Pt.1I dated 18.07.1967;
6. Ministry of Finance Notification No. I (6)-E.TII(A)/68 dated 26.04.1968;
7. Ministry of Finance Notification No. l(25)-E.IIJ(A)/64 dated 27.05.1970;
8. Ministry of Finance Notification No. 18(13)-E.IV(A)/70 dated 29.01.1971;
9. Ministry of Finance Notification No. l(9)-E.1II(A)/74 dated 30.10.1974;
10. Ministry of Home Affairs Notification No. l(6)-P.U.1179 dated 23.11.1979;
11. Department of Personnel and Administrative Reforms Notification No. F. I (8)-P.U.T/80 dated 29.01.1981;
12. Ministry of Home Affairs Notification No. l/9/79-Estt.(Pay-I) dated 06.10.1983;
13. Ministry of Home Affairs Notification No.1 3/5/84-Estt.(Pay-T) dated I 7.08.1984;
14. Department of Personnel and Training Notification No. I3/5/84-Estt.(Pay-I) dated 24.09.1985;
15. Department of Personnel and Training Notification No. Il/I /85-Estt.(Pay-t) dated 24.04.1986; and
16. Department of Personnel and Training Notification No. I / I 0/89-Estt.(Pay-I) dated 30.08.1989.

Source: DoPT

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Clarification on date upto which enhanced family pension payable

Clarification on Enhanced Family Pension Payable – DoP&PW

No.1/1(5)/2018-P&PW(E)
Department of Pension & Pensionors’ Welfare
(Desk E)

Sub: Clarification on date upto which enhanced family pension payable-reg.

Ref: CPAO ID No. CPAO/IT & Tech/Clarification/13(VOL-III)/P&PW/2017-18/193 dated 05.02.2018 and NIC Note, dated 3.4.2013.

CPAO may please refer to above mention ID, dated 5.2.2018 on the subject mentioned above.

2. It was decided to increase the age of retirement from 58 to 60 years vide its notification No.25012/2/97-Estt.(A) dated 13th May, 1998. In pursuance of this decision and in view of the recommendation of the Vth Central Pay Commission, in partial modification of Rule 54(3) (a) of CCS (Pension) rules, 1972, it was decided that the payment of family pension at enhanced rates will be payable for 7 years or till the government servant/pensioner would have attained the age of 67 years against the existing provision of 65 years. This has been applicable in cases where Government servant is to retire at the age of 60 years in pursuance of the notification dated 11.05.1998 and not where Government servant has already retired at the age of 58 years or would have retired at the age of 55 years but for his premature demise.

3. Subsequently rule 54(3)(a)(ii) has also been amended to read as under:
In the event of death of Government servant after retirement, the family pension as determined under sub-clause (i) shall be payable for a period of seven years, or for u period up to the date on which the retired deceased Government servant would have attained the age of 67 years had he survived, whichever is less.

4. In view of this it is clear that family pension at enhanced rates will be payable for 7 years or till the deceased retired government servant would have attained the age of 67 years had he survived, whichever is less, irrespective of type of retirement. date of retirement and age of superannuation applicable in the case of retired Govt. servant. This would equally apply in all Central Civil Govt. Departments/Offices including CPAF and Medical Officers.

5. This issues with the approval of competent authority.

sd/-
(Sanjoy Shankar)
Under Secretary

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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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FAQ for Central Civil Services – Pension Procedure

FAQ for Central Civil Services – Pension Procedure

Frequently Asked Questions (FAQs)
(Central Civil Services)

6. PENSION PROCEDURE

(6.1) What is the meaning of the following terms?
(a) Pension Disbursing Authority
(b) Pension Sanctioning Authority
(c) PPO Issuing Authority

(a) Pension Disbursing Authority : Bank Branch/Treasury/Post/PAO Office paying your pension
(b) Pension Sanctioning Authority: The authority who sanctioned your pension before forwarding the case to Accounts.
(c) PPO Issuing Authority: Generally, the Pay & Account Officer is the PPO issuing authority.

(6.2) What should a Government servant do to claim his pension?
During service each Govt. servant should satisfy himself that service is being verified and recorded so in the service book and that there are no gaps in this. He should also ensure that nomination for all payments due to him are current and valid. Six months prior to the retirement date, a Government servant is required to furnish certain information (e.g. joint photo with spouse, family details, name of the branch of the authorized bank through which he desires to draw his pension etc.) to his Head of Office in the prescribed Form No. 5. The Head of Office is required to undertake the work of preparation of pension papers in Form No. 7 one year before the date on which a Government servant is due to retire on superannuation. After complying with the requirements of CCS Pension Rules 59 & 60, the Head of Office has to forward to the Pay & Accounts Officer Form 5 and Form 7 duly completed with a covering letter in Form 8 along with service book of the Government servant duly completed up-to-date and any other documents relied upon for the verification of service, not later than six months before the date of retirement of the Government servant.

(6.3) Who is to authorize the pension?
On receipt of pension papers from Head of Office, the Pay & Accounts Officer concerned will, after applying requisite checks, assess the amount of pension and issue the Pension Payment Order (both halves of Pension Payment Order, i.e. disburser’s portion and pensioner’s portion) not later than one month in advance of the date of retirement of the Government servant with forwarding authority letter, duly inksigned and embossed, to Central Pension Accounting Office (CPAO) who in turn will generate on computer a Special Seal Authority on the basis of details given in the Pension Payment Order and authority letter of the Pay & Accounts Officer and forward disburser’s half of PPO with Special Seal Authority to the Central Pension Processing Centre (CPPC) of the concerned authorized Bank. The Pay & Accounts officer after ascertaining that the special seal of authority has been issued shall send pensioners’ half of PPO to be handed over to the retiring employee. However, if the employee opts to take the PPO from bank, both halves shall be sent to CPAO. All records will be maintained in the CPPC and the disbursing branch, will make the payments to the pensioner on authorization of payment of pension by the CPPC. The CPPC however is only the back office for processing pensions, all pension related problems/grievances of the pensioners will continue to be handled by the concerned paying branch as before.

(6.4) What is to be done in case the pension has not been fixed correctly?
The Pay & Accounts Officer while issuing the pension authorization will forward one copy of the pension calculation sheet (out of three received by him from the Head of Office) as certified by the Head of Office and countersigned by him (Pay & Accounts Officer) to the pensioner along with the intimation of his having sent the pension payment authority/PPO to the CPAO. In case it is found from the pension calculation sheet that pension has been fixed incorrectly, the matter may be taken-up with the Head of Office. PAO concerned, if necessary, will issue an amendment authority letter to Central Pension Accounting Office for onward transmission to the CPPC to carry out necessary amendments in both halves of PPO.

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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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Leave to a Central Government servant who is unlikely to be fit to return to duty

Leave to a Central Government servant who is unlikely to be fit to return to duty – DoPT

Leave-Central-Government-Servant

No 18017/1/2014-Estt (L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Old JNU Campus, New Delhi 110 067
Dated: 17.07.2018

OFFICE MEMORANDUM

Subject: Leave to a Government servant who is unlikely to be fit to return to duty – Reg.

The undersigned is directed to say that the CCS (Leave) Rules, 1972 have been amended vide Notification G.S.R. No. 438 (E) dated 03.04.2018 (copy enclosed) to bring them in conformity with the Rights of Persons with Disabilities Act, 2016. Accordingly, it has now been decided that leave applied under rule 20, shall not be refused or revoked without reference to the Medical Authority, whose advice shall be binding. Further, any leave debited for the period(s) granted after receipt of the certificate of disability of the Medical Authority, shall be remitted back into the leave account of the Government servant. The Certificate of Disability is required to be issued in Form ‘3A’ which should be signed by a Government doctor of a Government medical board. Further, a Government servant who is granted leave in accordance with the provisions of clause (b) of sub rule (1) of rule 20 of CCS (Leave) Rules, 1972, the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016(49 of 2016) shall, suo-motu, apply.

2. These orders are to be effective from 19.04.2017.

3. Hindi Version will follow.

sd/-
(Sandeep Saxena)
Under Secretary to the Government of India

Source: www.dopt.gov.in

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Filling of Returns by every Government Servant – Income Tax

Filling of Returns by every Government Servant – Income Tax

Government Servant

भारत सरकार /Government of India
आयकर विभाग/Income Tax Department
आयकर आयुक्त चेन्नै-3 का कार्यालय, चेन्नै
Office of the Pr. Commissioner of Income Tax-3, Chennai
कमरा सं.410, चौथातल, आयकर भवन, 121, महात्मागांधी रोड, चेन्नै-34.
4th Floor, Main Building, 121, Mahathma Gandhi Road, Chennai-34.

P.N.DEVADASAN, IRS

Principal Commissioner.
Chennai

19/06/2018

To
The Drawing & Disbursing Officer
O/O Dy. Director of IT(INV) Unit III
139, IOC Bhavan I Floor IOC Bhavan Nungambakkam High
Road Nungambakkam Chennai – 600034

Dear Sir/Madam,

Sub: Filing of Returns by every Government Servant – Reg.

As you might be aware, every person who is having income more than Rs.2,50,000 is bound to file his/her return of income. This includes the Government Servants also. However, the data of returns filed indicate that more than 50% of the Government Servants at Chennai are not filling their income tax returns. I hope, you will agree that as government servants, we should abide by laws and to be role models to the common citizens of our country. If we, Government servants ourselves are violating law by not filling our income tax returns, we don’t have any moral right to blame other sections of society.

From this year i.e Assessment Year 2018-19 onwards, the Parliament has amended the Income Tax Act by introducing a new section 234F for imposing late fee on every person who is not filling his/her return of income within the due date. For salaried employees, the due date is 31-07-2018. This means all the salaried employees have to file their returns of income for the Financial Year 2017-18 (Assessment Year 2018-19) on or before31-07-2018. Otherwise they all mandatorily have to pay late fee amounting between Rs.1,000 to Rs.10,000 as per the provisions of Section 234 . Also, a penalty of Rs.5,000 can be imposed under section 271F on them. In addition to this, they can be prosecuted under section 276CC of the Income Tax Act for jail termsvarying between three months to seven years.

It may please be noted that these provisions are applicable to all the persons having gross income (excluding deductions) above Rs.2,50,000/-. It is understood that many persons who are claiming deductions under section 80C etc. (on GPF contribution, Life Insurance Policies, Housing Loan Repayment etc.) and adjustment of Interest on Housing Loan are under the impression that they need not file the return as their net income is below taxable limit and no TDS is deducted from their salary.

Therefore, I request you to kindly intimate and advice all the employees to whom the gross salary paid in the last year is more than Rs.2,50,000 to file their returns of income before 31-07-2018. It may also be noted that all the incomes earned by an employee such as rental income (including subletting of house/s), interest incomes, dividend from Co-operative societies and all such incomes should be declared in their returns of income. Later, if found to have omitted any such incomes, they are liable for separate penalty and prosecution for concealing those incomes.

A copy of this letter may be handed over to each of your employees who draw their salary through you. You may also discuss this issue with the Head of your Office/Department and request him/her to issue a circular to all the employees to file their return of income well in time.

In case of any clarification or suggestions, you may please contact the following Officers: Joint Commissioner Smt. Sumathy Venkataraman (8762300298), Assistant Commissioner Ms. N. Abhinaya (8939744880), Smt. Priya Ramakrishnan, ITO (9445954906), Shri Sundaramurthy, ITO (9445955554), Smt. Malarvizhy Kujur ITO (9962383336) or Shri V. Baladandayutham, ITO (9445954896).

Yours faithfully,

(P.N.DEVADASAN)

Source: Confederation

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Admissibility of air fare for children below the age of 5 years of the Government servants non-entitled to travel by air on LTC – clarification

LTC – DoPT Clarification: Air fare for Children Below the age of 5 years of non-entitled Govt Servant is not admissible

No. 31011/3/2016-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-IV Desk

North Block New Delhi.
Dated May 15 , 2018

OFFICE MEMORANDUM

Subject: Admissibility of air fare for children below the age of 5 years of the Government servants non-entitled to travel by air on LTC – clarification reg.

The undersigned is directed to invite reference to Department of Personnel Training’s O.M. No. 31011/2/2006-Estt.A dated 24.4.2006, 21.05.2007 and 03.12.2007 which stipulates that a non-entitled Goverment servant is allowed to travel by air while availing LTC provided that the reimbursement made in such cases is restricted to the train fare of entitled class. In this regard, it may be noted that while no fare is charged by Railways for a child below the age of 5 years travelling by train, airlines charge full air fare for child of 2 years of age and above.

2. This Department is in receipt of references from various Ministries/Departments seeking clarification on reimbursement of LTC claim in a situation where a child of a non-entitled Government servant, aged less than 5 years, travels by air on LTC and entitled train fare is claimed by that Government employee in respect of his/her child.

3. The matter has been examined and it is clarified that since children below the age of 5 years are not charged for rail journeys, no reimbursement shall be made in respect of the air journey performed by children, aged less than 5 years, of the Government servants who are not entitled to travel by air on LTC. It may be noted that this provision shall not be applicable for the segments where the air journey has been allowed to the non-entitled Government servants and their families under the special dispensation scheme, existent from time to time.

(Surya Narayan Jha)
Under Secretary to the Government of India

Source: DoPT

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DoPT: Grant of vigilance clearance for obtaining passport

DoPT: 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.

sd/-
(Sanjiv Kumar)
Deputy Secretary to the Government of India

Source: http://dopt.gov.in/

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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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Opening of Office on Holidays

Opening of Office on Holidays

Ministry of Personnel, Public Grievances & Pensions

As per Fundamental Rules (F.R.) No.11, the whole time of a Government servant is at the disposal of the Government which pays him, he may be employed in any manner required by proper authority without claim for additional remuneration.

Sometimes with a view to meeting the exigencies of work such as when a Government business has to be transacted immediately or a deadline is to be met, the Head of Office can, in the interests of public service, take a decision to keep the offices open fully or partially even on public holidays. The staff who are deployed on official duty on public holidays are, however, compensated by granting them compensatory leave.

Need for laying down procedure for registering complaints in case of any Government/private office remaining open on public holidays has not been felt.

This was stated by the Minister of State for Personnel, Public Grievances & Pensions and Prime Minister’s Office, Dr. Jitendra Singhin a written reply to question in the Lok Sabha today.

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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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Journey to Headquarters on LTC in respect of dependent family members of the Government servant

Journey to Headquarters on LTC in respect of dependent family members of the Government servant

LTC- family-members-Government-servant

No. 31011/5/2015-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-IV Desk

North Block New Delhi.
Dated October 31,2017

OFFICE MEMORANDUM

Subject: Journey to Headquarters on LTC in respect of dependent family members of  the Government servant – Clarification – reg.

The undersigned is directed to refer to this Department’s O.M. No. 31011/14/86-Estt.(A-1V) dated 08.05.1987, which inter alia provides that the Govt. servant and the members of the family may claim LTC independently, however, reimbursement in such cases will be restricted to the actual distance travelled by the family or the distance between the headquarters/place of posting of the Government servant and the place visited/hometown, whichever is less.

2. Restriction of reimbursement to the distance from the Headquarter/place of posting creates an anomalous situation where the Government servant seeks to avail of LTC in respect of members of the family to the Headquarters/place of posting either from the Home town of the Government servant or from anywhere else. For illustration, a dependent child of a Govt. servant (posted in Delhi) staying and pursuing studies in Mumbai may visit a Government servant at his Headquarters/place of posting (i.e. Delhi) on LTC, however, reimbursement in such case shall be admissible for distance between the Headquarters and place of visit (which in this case is Headquarters itself), which shall be NIL in this case.

3.To resolve the issue, the matter has been considered by this Department in consultation with Joint Consultative Machinery – Staff side and Department of Expenditure. It is clarified that full reimbursement as per the entitlement of the Government servant shall be allowed for journey(s) performed on LTC by the family members from any place in India to Headquarters/place of posting of the Government servant and back. When such journey is performed from the Home Town, the LTC shall be counted against ‘Home Town’ LTC and in case the journey is from any other place in India, then it shall be counted against ‘Any place in India’ LTC.

4. The provisions of this OM (para 3) will have prospective effect.

5. Hindi version will follow.

(Surya Narayan Jha)
Under Secretary to the Government of India

To
The Secretaries
All Ministries/Departments of Government of India
(As per the standard list)

Source: DoPT Orders 2017

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Additional benefit on death/disability of Government servant covered by New Pension System

Additional benefit on death/disability of Government servant covered by NPS

“It is once again reiterated that the aforesaid instructions may be followed scrupulously and to review all the cases for ensuring the payment of family pension, disability pension and extra-ordinary pension to the NPS subscribers in case of death/disability”

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

No.2012/F(E)111/1(1)/4

New Delhi, Dated: 23/08/2017

The GMs/FA & CAOs,
All Zonal Railways/Production Units.

 

Subject: Additional benefit on death/disability of Government servant covered by New Pension System – clarification regarding.

 

Please refer to the instructions issued vide Board’s letters No. 2008/AC-II/21/19, dated 29/05/2009, No.2010/AC-II/21/18 dated 02/07/2013 and 13/07/2010, letters of even number dated 08/09/2014 and 13/01/2016 on the above mentioned subject.

 

2. Now, one of the recognized Federations (NFIR) have again raised the issue of non-compliance of the above instructions by Zonal Railways and reluctance on the part of Railways in providing additional relief to the widows of NPS subscribers/ NPS subscribers who have been declared invalidated. The Federation have also stated that Zonal administrations are not taking initiatives to ensure additional relief in terms DOP&PW’s D.M. dated 05/05/2009 and that they are reluctant in providing additional relief on death and disability of NPS subscribers.

 

3. It is once again reiterated that the aforesaid instructions may be followed scrupulously and to review all the cases for ensuring the payment of family pension, disability pension and extra-ordinary pension to the NPS subscribers in case of death/disability. Further, Zonal Railways are also advised to sensitize the administration at lower level towards the problems faced by the employees and their families.

sd/-
(G.Priya Sudarsani)
Joint Director, Finance (Estt.),
Railway Board.

Authority: http://www.indianrailways.gov.in/

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Submission of fake caste certificates

Submission of fake caste certificates

Instructions were issued by Department of Personnel and Training on 01.06.2017 to all Ministries/Departments to collect information about appointments made on the basis of fake/ false caste certificates and follow up action taken thereon. The Ministries/Departments have been requested to collect information from all Organisations under their administrative control about the cases where the candidates got/alleged to have got appointment against vacancies reserved for Scheduled Cates, Scheduled Tribes and Other Backward Classes on the basis of false/fake caste certificate and send a consolidated report to the Department of Personnel and Training by 15.07.2017. In the response received so far from eight Ministries/Departments, no such case has been reported.

The extant instructions provide that if it is found that a Government servant had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. Thus when an appointing authority comes to know that an employee had submitted a false/fake caste certificate, it has to initiate action to remove or dismiss such an employee from service as per the provisions of relevant Service Rules.

Further, in order to discourage unscrupulous persons getting benefits through false caste certificates, State Governments/Union Territories have also been requested to consider issue of appropriate instructions for initiating disciplinary proceeding against the errant officers who default in timely verifications of caste certificate or issue false certificates.

This was stated by the Minister of State (Independent Charge) for 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 by Shri Ram Vichar Netam and Smt. Vijila Sathyananth in the Rajya Sabha today.

PIB

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Revision of Additional Relief on death/disability of Government servants covered under New Pension Scheme (NPS) in pursuance of Government’s decision on the recommendations of the 7th CPC

Revision of Additional Relief on death/disability of govt servant under NPS in 7th CPC: Railway Board Order RBE No. 78/2017

PC-VII No. 28/2017

RBE No.: 78/2017

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

No. 2016/F(E)III/1(1)/7
New Delhi, Dated : 31.07.2017

The GMs/FA&CAOs,
All Zonal Railways/Production Units,
(As per mailing list)

Subject: Revision of Additional Relief on death/disability of Government servants covered under New Pension Scheme (NPS) in pursuance of Government’s decision on the recommendations of the 7th CPC – reg.

A copy of Department of Pension and Pensioners’ Welfare (DOP&PW)’s O.M. No. 28/03/2017-P&PW(B) dated 30th May, 2017 on the above cited subject is enclosed for information and compliance.

These instructions shall apply mutatis mutandis on the Railways also. Rules 38, 49, 50 and 54 of CCS (Pension) Rules, 1972 and CCS (Extraordinary Pension) Rules, mentioned in DOP&PW’s O.M. correspond to Rules 55, 69, 70 and 75 of the Railway Services (Pension) Rules, 1993 and Railway Services (Extrordinary Pension) Rules, 1993 respectively. The DOP&PW’s O.M. No. 38/41/06/P&PW(A) dated 05.05.2009, referred to in their aforesaid O.M. dated 30.05.2017 has been circulated on the Railways vide this office letter No. 2008/AC-II/2 1/19 dated 29.05.2009.

2. Please acknowledge receipt.

sd/-
(G. Priya Sudarsani)
Joint Director, Finance (Estt.),
Railway Board.

D.A.: One.

7thcpc-additional-relief-to-nps-employees-on-death-disablity

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NPS: Extension of benefits of Retirement Gratuity and Death Gratuity to the Central Government employees covered by New Defined Contribution Pension System (National Pension System)

OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSION)
DRAUPADI GHAT, ALLAHABAD-211

Circular No C-170

No.G1/C/MISC/NPS-II/Tech
O/o the PCDA (P), Allahabad
Dated: 13-07-2017

Sub: NPS: Extension of benefits of Retirement Gratuity and Death Gratuity to the Central Government employees covered by New Defined Contribution Pension System (National Pension System) -regarding.

Ref:- This office Circular No. 79 dated 29/10/2010 and No. 110 dated 12/08/2013

Benefits of Retirement Gratuity and Death Gratuity to the Central Government employees covered by New Defined Contribution Pension System (National Pension System) has been extended vide Govt. of India, Ministry of PPG & P, Deptt. of P&PW in their O.M. No. 7/5/2012-P&PW (F)/B dated 26.08.2016 (copy enclosed)on the same terms and conditions as are applicable to employees covered by Central Civil Service (Pension) Rules, 1972. The Ministry has further clarified vide O.M.No.28/03/2017-P&PW(B) dt. 18/05/2017, that CCS (Pension) Rules, 1972 are otherwise not applicable to the Central Government employees covered under NPS. Hence, they would obviously not be eligible for Service Gratuity or Pension under the CCS (Pension) Rules.

2. The phrase ‘terms and condition’ in the ibid O.M. dated 26.08.2016 refers to the requirement of qualifying service, the rates on which retirement gratuity is to be paid, the limit of amount of gratuity, nominations, disciplinary provisions, etc. in the CCS(Pension) Rules. All these condition would be equally applicable for grant of gratuity to employees covered under NPS. The decision to extend retirement gratuity and death gratuity vide the O.M. dated 26.08.2016 is absolute and not provisional. Separate rules on gratuity for Central Government employees under NPS would be framed in due course.

3. Now, it has been decided that to submit the claims of above beneficiaries for Retirment Gratuity and Death Gratuity, the following procedures shall be adopted by HOO and Pay Audit Controllers:-

i. H.O.O. will prepare a claim in case of NPS beneficiaries going to retire in accordance with the procedure as prescribed for Defence Civilian Personnel appointed before 01.01.2004 and will submit the same along with service boom and all the relevant documents (Which is required in case of pre 01.01.2004 Cases) to PAO concerned i.e.LAO/RAO. The Permanent Retirement account No. (PRAN) of the concerned Government Servant Allotted by National Security Depository limited (NSDL) will also be indicated. In cases where PRAN has not been allotted by NSDL to a NPS subscriber being non-effecting account as on 0104.2008, permanent pension account No.(PPAN) allotted to subscriber will be indicated.

ii. PAO will carry all necessary checks with reference to the entries in service book and as admissible under the OM No.38/41/06 P&PW (A) dated 05.05.2009 (already circulated under this office circular no.79 dt. 29-10-2010) to ensure that entries made in claim are in as per records in the service book of the individual. After signing and affixing the seal, the PAO concerned i.e.LAO/RAO will pass on the claim to the PCDA(P) Allahabad. The service book will be returned by PAO to HOO concerned.

iii.HOO will also maintain a separate register for recording entries for PRAN /PPAN No., Name of Government Servant, PPO No. and awards notified.

iv. On receipt of PPO from PCDA(P) Allahabad, HOO will check the same and after recording the entries in the register retransmit PDA’s copy to PDA, Pensioner copy to Pensioner and retain

HOO copy for their own record.

v. Other procedures prescribed for pre 01-01-2004 pensioner will also be followed by the HOO in case of NPS beneficiaries.

4. In view of the foregoing, you also are requested to issue suitable instructions (along with copy of this circular) to all the Head of Offices under your administrative control to ensure that claim on the subject matter henceforth are floated in accordance with instructions given in above Para.

(Rajeev Ranjan Kumar)
Dy.CDA (P)

Source: [PCDA.nic.in]

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Restoration of full pension of absorbee pensioners in view of the order dated 01.09.2016 of Hon’ble Supreme Court in Civil Appeal No. 6048/2010 and Civil Appeal No. 6371/2010

7th CPC Pension Revision: Restoration of full pension of absorbee pensioners in view of the order dated 01.09.2016 of Hon’ble Supreme Court in Civil Appeal No. 6048/2010 and Civil Appeal No. 6371/2010.

F.No. 4/34/2002-P&PW(D).Vol.II
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi
Dated the 23rd June, 2017

OFFICE MEMORANDUM

Subject: Restoration of full pension of absorbee pensioners in view of the order dated 01.09.2016 of Hon’ble Supreme Court in Civil Appeal No. 6048/2010 and Civil Appeal No. 6371/2010.

The undersigned is directed to say that in accordance with the instructions which existed before 31.03.1995, a Government servant, on absorption in a Public Sector Undertaking or an Autonomous Body, had the option to draw pro-rata gratuity and a lump sum amount in lieu of pension. The option regarding payment of lump sum amount in lieu of monthly pension on absorption in a PSU or autonomous body was available in terms of the instructions issued vide Department of Expenditure’s O.M. No. 26(18)-E.V(B)/75 dated 08.04.1976, Department of Personnel Training’s O.M. No. 28016/5/85-Estt.(C) dated 31.01.1986 and Department of Pension & Pensioners’ Welfare’ O.M. No. 4(12)/85-P&PW dated 31.03.1987. This option was also available to Government employees on absorption in PSUs/autonomous bodies of the State Governments and Joint Sector undertakings in terms of this Department’s O.M. No. 4/43/88-P&PW(D) dated 16.10.1989. The terms and conditions for absorption of Government employees consequent on conversion of a Government Department into a PSU or autonomous body issued vide this Department’s O.M. No. 4/18/87-P&PW(D) dated 5.7.1989 also provided for a similar option of lump sum payment in lieu of monthly pension.

2. In accordance with Rule 37-A of the Central Civil Services (Pension) Rules, 1972, incorporated vide Department of Expenditure’s Notification No. 44(l)-E.V./71 dated 09.04.1973, on exercise of the above option, an employee was entitled to a lump sum amount not exceeding the commuted value of one-third of the pension and terminal benefit equal to twice the aforesaid lump-sum amount, subject to the condition that the Government servant surrendered his right of drawing two-thirds of his pension.

3. The option to draw a lump sum amount in lieu of pension was withdrawn vide this Department’s O.M. No. 4/42/91-P&PW(D) dated 31st March, 1995. Accordingly, the erstwhile Rule 37-A was omitted from the CCS(Pension) Rules, 1972 vide Notification No. 4/42/91-P&PW(D) dated 25.06.1997.

4. In implementation of the Order dated 15.12.1995 of Hon’ble Supreme Court in WP(C) No. 11855/85, instructions were issued vide this Department’s O.M. No. 4/3/86-P&PW(D) dated 30.09.1996 for restoration of one-third commuted portion of pension of Government servants who had drawn lump sum payment on absorption in a PSU/autonomous body. Further instructions were issued, from time to time, for computation and revision of the one-third restored pension of such absorbee pensioners and for payment of the attendant benefits like dearness relief, etc. to such absorbee pensioners. Orders for revision of the one-third restored pension w.e.f. 01.01.2006 of such absorbee pensioners were issued vide this Department’s O.M. No 4/38/2008- P&PW(D) dated 15/09/2008, O.M. No. 4/30/2010-P&PW(D) dated 11/07/2013. and O.M. No. 4/38/2008-P&PW(D) dated 04/08/2016. These absorbee pensioners were, however, entitled to dearness relief and age-related additional pension based on the notional full pension.

5. Hon’ble High Court of Judicature of Madras, in its judgement dated 02-08-2007 in Writ Petition no. 22207/2002 filed by one Sh. K. Ganesan, an officer in the office of Controller General of Accounts, held that surrendering of the right for drawal of 2/3rd of Pension after its commutation, as provided under Rule 37-A (b), was repugnant to Section 12 of the Pensions Act, 1871 and that the petitioner was lawfully entitled for the restoration of his pension after the expiry of the period of commutation of 2/3rd pension. Hon’ble High Court, accordingly, directed restoration of 2/3rd pension and payment of arrears accordingly.

6. An SLP(Civil) No. 4054/2008 (converted into Civil Appeal No. 6048/2010) was filed by the Union of India challenging the aforesaid order dated 02-08-2007 of Hon’ble High Court of Judicature of Madras. In its order dated 1.9.2016, Hon’ble Supreme Court found no justification to interfere with the order dated 02.08.2007 of Hon’ble High Court directing restoration of 2/3rd pension in respect of the respondent (Shri K. Ganesan), after the expiry of the requisite period of commutation. The Civil Appeal No. 6048/2010 was accordingly dismissed by Hon’ble Supreme Court. In the said judgement dated 1.9.2016, similar direction was passed by Hon’ble Supreme Court in the Civil Appeal No. 6371/2010 for restoration of 2/3rd pension in respect of the petitioners, Shri K.L. Dhall, an absorbed employee of Ministry of Civil Aviation and member pensioners of Welfare Association of Central Government Officers, CAD Absorbed in PSU.

7. Review Petitions No. 465/2017 and No. 472/2017 were filed by Union of India in the Supreme Court against the aforesaid order dated 1.9.2016. Instructions were separately issued to the office of Controller General of Accounts and the Ministry of Civil Aviation vide OM No.4/34/2002-P&PW(D).Vol.ll dated 21-12-2016 and OM No. 4/34/2002-P&PW(D).Vol.II dated 21-12-2016 respectively, for implementation of the orders of Hon’ble Supreme Court in respect of the petitioner/respondent pensioners in the aforesaid Civil Appeals, subject to the final outcome of the Review Petitions. The aforesaid Review Petitions No. 465/2017 and No. 472/2017 have been dismissed by Hon’ble Supreme Court on 22.03.2017.

8. The matter has been examined in consultation with the Department of Legal Affairs and the Ministry of Finance (Department of Expenditure). It has been decided to extend the benefit of order dated 02-08-2007 of the Hon’ble Madras High Court and the Order dated 01-09-2016 of the Hon’ble Supreme Court to all similarly placed absorbee pensioners. Accordingly, all such absorbee petitioners who had taken 100% lump-sum amount in lieu of pension on absorption in PSUs/Autonomous Bodies in accordance with the then existing Rule 37-A and in whose case 1/3 pension had been restored after 15 years, may be allowed restoration of full pension after expiry of commutation period of 15 years from the date of payment of 100% lump-sum amount.

9. The absorbee pensioners whose full pension is restored in terms of the above instructions would also be entitled to revision of their pension in accordance with the instructions issued from time to time in implementation of the recommendations of the Pay Commissions, including the 7th Central Pay Commission.

10. In their application to the persons belonging to the Indian Audit and Accounts Department, these orders issue in consultation with the Comptroller and Auditor General of India.

11. Ministry of Agriculture etc. are requested to bring the contents of these Orders to the notice of Controller of Accounts/Pay & Accounts Officers and Attached subordinate Offices under them on a top priority basis and for taking necessary action for implementation of the above instructions. All pension disbursing offices are also advised to prominently display these orders on their notice boards for the benefit of pensioners.

12 This issues with the approval of Ministry of Finance (Department of Expenditure) vide their ID Note No.1(11)/EV/2017 dated 26-05-2017 and dated 13-6-2017.

13. Hindi version will follow.

Sd/-
(Harjit Singh)
Director

Source: Pensioners Portal

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All India Services (Performance Appraisal Report) Amendment Rules, 2017

All India Services (Performance Appraisal Report) Amendment Rules, 2017: Notification dated 15.06.2017

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

NOTIFICATION

New Delhi, the 15th June, 2017

G.S.R. 596(E).-In exercise of the powers conferred by sub-section (I) of section 3 of the All India Services Act, 1951 (61 of 1951), the Central Government. after consultation with the State Governments, hereby makes the following rules further to amend the All India Services (Performance Appraisal Report) Rules, 2007, namely:-

1. (1) These rules may be called the All India Services (Performance Appraisal Report) Amendment Rules, 2017.

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

2. In the All India Services (Performance Appraisal Report) Rules, 2007 (hereinafter referred to as the said rules), in rule 2, after clause (b). the following clause shall be inserted, namely:-

“(ba) “competent authority” means the authority as mentioned in sub-rules (7A) and (7B) of rule 9 to decide the representation of the officer reported upon against performance appraisal report disclosed to the member of Service”.

3. In the said rules, after rule 4, the following rule shall be inserted, namely:-

“4A (I) The performance appraisal report shall be generated and written by the officer reported upon electronically in the form as specified in Schedule 2.

(2) The comments of the reporting, reviewing and accepting authority shall be recorded electronically in case he is a government servant.

(3) The political executives may record their comments manually and the performance appraisal report so recorded shall be uploaded electronically as per time frame specified in Schedule 2:

Provided that in certain cases, with the approval of the Government and for reasons to be recorded in writing, performance appraisal report may be generated and written manually by the officer reported upon and any of the reporting authorities, that is, reporting or reviewing or accepting authority as per the guidelines specified by the Central Government from time to time

Provided further that prior approval of the Central Government in consultation with Department of Personnel and Training shall be taken in cases where permanent exemption from electronic filing of performance appraisal report is sought on the grounds of national security, etc. for a particular class of posts”.

4. In the said rules, in rule 5,-

(i) for sub-rule (2). the following sub-rule shall be substituted, namely

“(2) Subject to the provisions of sub-rule (4). a performance appraisal report shall also be written when either the reporting or reviewing or accepting authority who is a government servant or the member of the Service reported upon relinquishes charge (other than retirement) of the post, and, in such a case, the report shall be written within the time frame as specified in Schedule 2 for completion of performance appraisal report in paragraph 9 of general guidelines for filling of the performance appraisal report form.”

(ii) for the first and second provisos to sub rule (3). the following provisos shall be substituted. namely

“Provided that only one report shall be written on a member of the Service for a particular period during the course of the financial year:

Provided further that if the member of Service occupies more than one post, the Government shall identify the post (substantive or additional charge) to report or review, well in advance of the relevant assessment year.”

(iii) after sub-rule (3), the following sub-rule shall be inserted, namely:-

“(3A) In general one person shall write the performance appraisal reports in the capacity of reporting, reviewing or accepting authority for a given period of time

Provided that if more than one person supervises the performance of the member of Service for a given period of time. the Government shall identify the persons to report or review well in advance of the relevant assessment year.”

(iv) sub-rule (7) shall be omitted.

5. In the said rules, in rule 6, sub-rule (4) shall be omitted.

6. In the said rules, in rule 7, sub-rule (2) shall be omitted.

7. In the said rules, after rule 7, the following rules shall be inserted, namely:

7A. Restriction on reporting authority, etc. in certain cases. – Notwithstanding anything contained in rules 5, 6 and 7, it shall not be competent for the reporting authority, reviewing authority or accepting authority to write a performance appraisal report where the authority reporting the performance appraisal report is a government servant, after one month of his retirement from service; and in other cases, after one month of the date on which he demits office.

Explanation.- For the purposes of this rule,-

(a) a Minister shall not be deemed to have demitted the office if he continues to be a Minister in the Council of Ministers with a different portfolio or in the Council of Ministers immediately reconstituted after the previous Council of Ministers of which he was a Minister with the same or a different portfolio provided the Prime Minister or the Chief Minister, as the case may be, continues in office.

(b) a Minister shall be deemed to have demitted the office where pursuant to fresh elections, a new Council of Ministers has been reconstituted, even if the Minister who was in the earlier Council of Ministers finds a place in the new Council of Ministers with the same or different portfolio.

7B. Treating performance appraisal report as non-est. – The performance appraisal report, not recorded in terms of the provisions of these rules and instructions issued thereunder. shall be treated as non-est:

Provided that all the performance appraisal reports filed manually without approval of the Government to do so shall be treated as non-est”.

8. In the said rules, in rule 9,

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

“(l) The full annual performance appraisal report, including the overall grade and assessment of integrity, shall be disclosed electronically to the officer reported upon, after finalisation by the accepting authority except in the cases where it is generated manually, to enable the officer reported upon to represent his case.”

(ii) for sub-rule (4), the following sub-rule shall be substituted, namely:

“(4) The accepting authority shall within fifteen days from the date of receipt of comments from the officer reported upon forward the same to the reviewing and the reporting authority and call for their views on the comments and the comments of reporting and reviewing authority are required to be sought even if they have retired or demitted or relinquished office, and in case the comments of reporting and reviewing authority are not received within fifteen days from the date of receipt, it shall be presumed that reporting and reviewing authority have no comments to offer.”

(iii) for sub-rule (7), the following sub-rules shall be substituted, namely:

“(7) If the accepting authority is of a level below the Minister in the State or in the Central Government, then the competent authority to decide the representation shall be one level higher than the accepting authority and in such cases the accepting authority shall forward the comments of the officer reported upon along with the views of the reporting authority, reviewing authority and his own views to the competent authority within fifteen days of receipt of the views of the reviewing authority, and the comments of the accepting authority are required to be sought even if he has retired or demitted or relinquished office.

(7A) The competent authority shall consider the comments of the officer reported upon, the views of the reporting authority, reviewing authority and accepting authority and after due consideration, the competent authority may accept them and modify the performance appraisal report with a speaking order and the final grading shall be communicated to the officer reported upon within fifteen days of receipt of the views of the accepting authority.

(7B) If the accepting authority is the Minister in the State (including the Chief Minister) or the Minister in the Centre, then the competent authority to decide the representation will be the accepting authority himself and in such cases the accepting authority shall consider the comments of the officer reported upon, the views of the reporting authority and the reviewing authority and after due consideration may accept them and modify the performance appraisal report accordingly and the decision and final grading shall be communicated to the officer reported upon within fifteen days of receipt of the views of the reviewing authority, and the comments of the reporting and the reviewing authority are required to be sought even if he has retired or demitted or relinquished office.

(7C) If the competent authority has not seen the work for the reporting period, the representation shall be referred to the Referral Board.”

(iv) in sub-rule (9). in clause (a), for the words “and the accepting authority”. the words the accepting authority and the competent authority” shall be substituted;

(v) after clause (b) ofsub-rule (9), the following proviso shall inserted, namely:

“Provided that where the representation has been sent to the Referral Board when the competent authority has not seen the work of the officer reported upon, the Referral Board shall consider the representation of the officer reported upon in the light of the comments of the reporting authority, the reviewing authority and the accepting authority and confirm or modify the performance appraisal report. including the overall grade and the decision of the Referral Board shall be in respect of both factual observations and errors of facts and the decision of the Referral Board shall be final and the final grading shall be communicated to the officer reported upon within fifteen days of receipt of the decision of the Referral Board”.

9. In the said rules. for rule 10, the following rule shall be substituted. namely:-

10. Memorial against assessment. – Nothing in these rules shall be deemed to preclude an officer from making a memorial within the period of ninety days to the President on the performance appraisal report. as provided under rule 25 ofthe All India Services (Discipline and Appeal) Rules, 1969:

Provided that in cases where due to unavoidable circumstances it is not possible to make a memorial under these rules within the said period of ninety days, the competent authority may relax the timeline for submission of the memorial.”.

[F.No. 11059/01/2016-AIS-III]

RAJESH KUMAR YADAV,

Under Secy. (Services)

Note: The principal rules were published in the Gazette of India. vide number G.S.R. 197(E), dated the 14th March. 2007 and were subsequently amended as under:-

(i) G.S.R. 296 (E), dated 16th April, 2007,
(ii) G.S.R. 256 (E). dated 3lst March, 2008,
(iii) Notification No. 11059/06/2010-AIS(III), dated the 22nd December, 2010.
(iv) Notification No. 11059/03/2012-AIS(III), dated the 19th February, 2013.

RAKESH SUKUL

Source: Dopt.gov.in PDF

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Compassionate appointment: Clarification by Ministry of Defence

Compassionate Appointment – clarification regarding.

GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS (FYS)
ADMIN – II SECTION
10-A, SK. BOSE ROAD, KOLKATA:700001

No. 032/AN-II/Comp. Apptt/Vol-XX

Dated: 05.06.2017

To

All Group Controllers

Avadi/Ambajhari/Kanpur/Jabalpur/Dehradun/Kirkee/Medak/Bolangir/ Bengal Group of Factories.

Subject: Compassionate Appointment – clarification regarding.

A copy of HQrs. Office Circular No. AN/VIII/19001/Circular/VoHI dated 22/05/2017 along with copies of MOD D(Lab) Endorsement No. 19(1)/2016-D(Lab) (Pt.) dated 24/10/2016 and MOD ID. No. 19(1)/2016-D(Lab)(Pt.II) dated 06/03/2017 on the above subject are forwarded herewith for information, compliance, guidance and necessary action please.

All branch offices may please be informed accordingly.

Please acknowledge receipt.

Encl. Three.

sd/-

Dy. Controller of Accounts (AN)


Circular /Most – Immediate

CONTROLLER GENERAL OF DEFENCE ACCOUNTS
ULAN BATAR ROAD, PALAM, DELHI CANTT – 110010

No. AN/VIII/19001/Circular/Vol-II

Dated: 22.05.2017

To,

The PCsDA /CsDA PCA (Fys)

Subject :- Compassionate appointment -clarification regarding.

Copies of Ministry of Defence D(Lab) ID No.19(1)/2016-D(Lab)(Pt II) dated 06.03.2010 and Ministry of Defence D(Lab) ID No.19(1)/2016-D(Lab)(Pt II) 24.10.2016 on the above subject are forwarded herewith for compliance, guidance and necessary action.

sd/-
(R. Renganathan)
For CGDA


Government of India
Ministry of Defence
D(Lab)

Sub : Compassionate appointment – clarification regarding.

A reference was received from Directorate General of Signals seeking clarification on the following points:-

(a) whether married sister can be considered for compassionate appointment? and,

(b) whether dependents of the deceased Armed Forces personnel who committed suicide can be considered for compassionate appointment?

2.The matter has been examined in this Ministry in consultation with Department of Personnel & Training. It is clarified that

(a) A married sister in the case of unmarried Government servant or member of the Armed Forces can also be considered for compassionate appointment, subject to the conditions that-

(i) she was wholly dependent on the Government servant at the time of his/her death in harness or retirement on medical grounds.

(ii) she must support other dependent members of the family.

(b) The dependent family member of Armed Force personnel who has committed suicide may also be considered for compassionate appointment.

sd/-
(Biswajit Guha)
Under Secretary to the Govt. of India


Government of India
Ministry of Defence
D(Lab)

Sub : Compassionate appointment – clarification regarding.

A reference was received from MGO Branch through D(O-II) Section seeking clarification regarding inclusion of dependent divorced daughter as ‘Dependent Family Member’ for allocation of points as well as for appointment on compassionate appointment.

2.It is stated that the matter has been examined in this Ministry in consultation with Department of Personnel & Training. It is clarified that a divorced daughter may be considered as a dependent family member of the deceased Government servant for compassionate appointment and also for the purpose of allocation of points, subject to the conditions that-

(i) she was wholly dependent on the Government servant at the time of his/her death in harness or retirement on medical grounds; and

(ii) she must support other dependent members of the family.

sd/-
(Biswajit Guha)
Under Secretary to the Govt. of lndia

Signed Copy

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