Posts Tagged ‘Government Servant’

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

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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

Be the first to comment - What do you think?  Posted by admin - March 28, 2018 at 6:52 pm

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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.

PIB

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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

Be the first to comment - What do you think?  Posted by admin - October 31, 2017 at 9:29 pm

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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/

Be the first to comment - What do you think?  Posted by admin - August 25, 2017 at 4:01 pm

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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

Be the first to comment - What do you think?  Posted by admin - August 3, 2017 at 4:59 pm

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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

Be the first to comment - What do you think?  Posted by admin - August 1, 2017 at 5:19 pm

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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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Compilation of information about appointments made on the basis of fake/ false caste certificates and follow up action taken thereon

Compilation of information about appointments made on the basis of fake/ false caste certificates and follow up action taken thereon

No.36027/1/2017-Estt. (Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment (Res-I) Section

North Block, New Delhi
Dated June 1, 2017

OFFICE MEMORANDUM

Subject: Compilation of information about appointments made on the basis of fake/ false caste certificates and follow up action taken thereon – regarding

This Department have been 3 receiving references from various Ministries/ Departments regarding appointments made on the basis of fake/ false caste certificates despite the instructions contained in the Department’s OM. No. 11012/1/91-Estt.(A) dated 19.05.1993, which have been re-iterated vide OM. No. 3601 1/1/2012 Estt.(Res.) dated 10.01.2013. The 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.

2. It has been decided to collect information from all the Ministries /Departments about appointments made on the basis of fake/ false caste certificates and follow up action taken thereon. Therefore, all the Ministries /Departments are 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 in this regard in the enclosed Proforma to this Department by 15.07.2017 positively.

Encls: As above.

sd/-
(Raju Saraswat)
Under Secretary to the Government of India

Source: www.dopt.gov.in

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Drawl of arrears – 7th CPC pay fixation Government servant who is on leave on the 1st day of January, 2016

Drawl of arrears – 7th CPC pay fixation Government servant who is on leave on the 1st day of January, 2016

HEADQUARTERS
EMPLOYEES STATE INSURANCE CORPORATION
An [so 9001-2000 certified organisation)
PANCHDEEP BHAWAN CIG MARG NEW DELHI

No. A-27/17/1/7th CPC/2016-E.III

Dated:- 27.02.2017

To,

The Regional Director,
Regional Office,
ESI Corporation,
Chennai

Sub:- Drawl of arrears – 7th CPC pay fixation -reg

Sir,

Kindly refer to your letter No.51/A/27/17/1/7th CPC/2016/Admn.II/Part file dated 22.11.2016 on the above cited subject.

In this regard, I am directed to invite your attention to Rule 7(3) of the CCS (Revised Pay) Rules, 2016 as per which ‘A Government servant who is on leave on the 1st day of January, 2016 and is entitled to leave salary shall be entitled to pay in the revised pay structure from 1st day of January, 2016 or the date of option for the revised pay structure’.

Accordingly, an employee who is entitled to leave salary shall be entitled to pay in the revised pay structure from 01.01.2016, the arrears are also payable from 01.01.2016 provided the employee is entitled for leave salary.

This issues with the concurrence of Fin. & A/c’s.

Yours faithfully,
S/d,
(J. SRIVASTAVA)
ASST. DIRECTOR

Signed Copy

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CGA Orders: One day Strike on 16th March 2017

CGA Orders: One day Strike on 16th March 2017

No.A-12017/1/2010/MF.CGA(A)/NGE/Assoc-Agi/1224
Government of India
Ministry of Finance
Department of Expenditure
Controller General of Accounts

Mahalekha Niyantrak Bhawan
E Block, GPO complex, INA
New Delhi-110023

Dated: 13th February, 2017

Subject: One Day Strike on 16th March, 2017.

Reference is invited to this office 0M of even no.502 dated 18th January, 2017. All India Civil Accounts Employees Association has intimated that the proposed One Day Strike on 15th February, 2017 has been to 16th March, 2017.

2. Attention is invited to the provisions of Government of India (Ministry of Home Affairs) 0M No.25/23/66-Estt(A) dated 09.12.1966 (reproduced as G.l. decision No.2 below Rule 7 of CCS (Conduct) Rules, which inter-alia provides that under Rule 7 (ii) of rules ibid, a Government servant shall NOT resort to or in any way abet any form of strike in connection with any matter to his service or the service of any other Government employees. If any Government servant resorts to any action in violation of Rule 7 (ii) of CCS (Conduct) Rules, disciplinary action would have to be taken against him.

3. Attention is also invited to proviso to FR 17(I) according to which any employee(s) who is absent from duty without permission shall not be entitled to any pay and allowances during the period of absence. Further, unauthorized absence shall be deemed to cause an interruption or break in service Of the employee under FR 17(A).

4. In this regard, the following decisions of the Supreme Court may also be brought to the of the employees under your Ministry/Department. The Supreme Court has held in the Case Of T.K.Rangarajan Vs. Govt. of Tamil Nadu that no right exists with the Govt. employees to strike, whether fundamental, statutory or an equitable right. In All India Bank Employees Association Vs. National Industrial Tribunal & Ors„ (1962 (3) SCR 269) the Constition Bench of the Suprerne Court specifically held that even very liberal interpretation of sub-clause (C) of Clause (1) of Article 19 of the Constitution cannot lead to the conclusion that the trade unions have a guaranteed right to strike, either as part of collective bargaing or otherwise. There is no statutory provision empowering the employees to go on strike. The Supreme Court also agreed that going on strike is a grave misconduct under the Conduct Rules and that misconduct by Government Employees is required to be dealt with in accordance with law. Hence, once it is proved that an employee has committed the of going on a strike in any form, the Supreme Court has held in Bank of India vs. TS Kelawala [1990 (4) SLR 249] that he will have to face the consequences which may include deduction of wages and even dismissal from service.

5. In this context, it is clarified that strike means refusal of work or stoppage or slowing down of work by a group of employees acting in combination and includes:-

vii) mass abstention from work without permission which is wrongly described mass Casual Leave.

viii) refusal to work on overtime where such overtime work is necessary in public interest.

ix) resort to practice or conduct which is likely to result in or results in the cessation or substantial retardation of work in any organization. Such practice include what are ‘go-slow’, ‘sit-down’, “pen-down’, ‘stay-in’. ‘token’, ‘sympathetic’ or any other similar strike as also absence from work for participation in a ‘Bandh’ or similar movements.

6. Accordingly, Casual Leave or any other kind of leave, if applied for, should not be sanctioned to the officers and employees during the period of proposed One Day Strike on 16th March, 2017 and it should be ensured that the striking activities are not allowed inside and around the office premises. It may also be ensured that the employees, who intend to attend their office work despite the call for the strike, are not prevented from attending the office by the striking employees. Suitable contingency plan may be worked out for carrying out the various functions in field offices and Principal Accounts Offices.

7. The above instructions may be brought to the notice of staff working under your control. All the Pr. CCAs/CCAs/CAs are requested to deal with the cases in respect of employees, Who resort to action as above, in the light of above referred instructions.

8. This issues with the approval of the competent authority.

sd/-
(Sandeep Malhotra)
Sr. Accounts Officer

Click to view the order

Authority: www.cga.nic.in

Be the first to comment - What do you think?  Posted by admin - February 14, 2017 at 5:03 pm

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Instructions on sealed cover procedure – where Government servant has been acquitted but appeal is contemplated/pending

F. No. 11012/6/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi
Dated: 19th January, 2017

OFFICE MEMORANDUM

Subject: Instructions on sealed cover procedure – where  Government servant has been acquitted but appeal is  contemplated/pending – clarification regarding.

The undersigned is directed to refer to this Department’s O.M. No.
22011/4/91-Estt.A dated 14.09.1992 issued in the light of the Judgement
dated 27.08.1991 of the Hon’ble Supreme Court in the case of Union of India
v/ s K.V. Jankiraman etc. (AIR 1991 SC 2010). References have been
received seeking clarification with regard to the course of action in cases
where the Government servant is acquitted by trial court but an appeal
against the judgment is either contemplated or has been filed. This issue
has been examined in the light of various court judgements including Bank
of India and another vs. Degala Suryanarayana, Appeal (Civil) 3053-54 of
1997, (1999) 5 SCC 762 in consultation with Department of Legal Affairs
and it is clarified as following:

i. Where the recommendation of DPC has been kept in sealed cover solely on account of pendency of the criminal case, the sealed cover may be opened in case of acquittal of the Government servant provided it has not been stayed by a superior court.
ii. In the order of promotion a mention may however be made that the promotion is provisional subject to the outcome of appeal that may be filed against, the acquittal of the Government servant. The promotion thus will be without prejudice to the action that may be taken if the judgement of the trial court acquitting the Government
servant is set-aside.
iii. In case on appeal the Government servant stands convicted, following action will be taken:

a. The provisional promotion shall be deemed non est, and the Government servant shall stand reverted;

b. In case of the Government servant being sentenced to imprisonment exceeding 48 hours, he will be deemed to be  under suspension in terms of rule 10(2)(b) from the date of conviction;

c. Action under rule 19 (i) of the CCS(CCA) Rules, 1965, read with OM No. 11012/11/85-Estt (A) dated the 11th November, 1985 and 4th April, 1986 shall be taken.

2. All Ministries/ Departments are requested to bring the aforesaid instructions to the notice of all concerned and take action accordingly.
3. Hindi version will follow.

(Mukesh Chaturvedi)
Director (E)

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

Source: ccis.nic.in

Be the first to comment - What do you think?  Posted by admin - January 21, 2017 at 12:35 pm

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Technical Resignation : Highlights of consolidated instructions issued by DOPTDoPT has issued an OM regarding Technical Resignation

Technical Resignation : Highlights of consolidated instructions issued by DOPT.

DOPT-Technical-Resignation

DoPT has issued an OM regarding Technical Resignation

TECHNICAL RESIGNATION & LIEN : CONSOLIDATED GUIDELINES.

Highlights of DoPT OM No. 28020/1/2010-Estt(C) Dated 17.08.2016

Compiled by K.V.Ramesh, Sr.JGS IRTSA.

1. Technical Resignation:

a. Government servant should have applied through proper channel for a post in same or some other Department.

b. If the conditions are met, it will be taken as Technical resignation, even if it was not mentioned as Technical Resignation while applying and all admissible benefits should be extended.

c. If competent authority not allowed the forwarding of application, it will not be treated as Technical resignation.

d. Benefits are admissible even if the employee applied before joining the service and application was not routed through proper channel, provided employee should intimate such application immediately after joining the service.

2. Balance leave credited:

a. Balance of utilized Child Care Leave and other leaves will be carried forward.

b. In case of permanent absorption in PSU/Autonomous Body/State Govt. employee is eligible for cash equivalent of leave salary in respect of EL & HPL at his credit subject to the limit of 300 days.

3. LTC carry forwarded: Entitlement for LTC will be carry forward.

4. Pay Protection: Protection of Pay will be given.

5. If employee rejoins his previous post:

a. In case employee rejoins his earlier post, he will be entitled for increments for the period of his absence from that post.

b. Transfer of GPF will be governed.

c. Seniority in the post held by the employee on substantive basis continues to be protected.

However the period spent in other department will not be counted for minimum qualifying service for promotion.

6. Past service counted for Pension: Employee originally joined before 1.1.2004, joined the new post on technical resignation after 1.1.2004, his past services are counted towards pension.

7. Transfer of NPS account: In case of NPS, the balance standing in Personal Retirement Account along with PRNA will be carried forward to new office.

8. Service Book transfer: Service Book from the date first appointment must be kept in the custody of head office in which employee is serving and transferred with him from office to office.

9. Medical Examination & verification:

a. If standard of medical examination is same for the new post, then employee need not to undergo fresh medical examination.

b. No need for verification of character & Antecedents of the employee, if period of discharging from previous post and appointment to new post is less than a year.

10. Lien will be maintained for two years normally, 3 years in exceptional cases.

11. Joining Time, Joining time pay & allowances:

a. Central & State Govt employees are eligible for joining time, which will be included as qualifying service in new Job.

b. During Joining Time, Eligible for pay equal to pay drawn in old post before relinquishment, DA & HRA. No Transport allowance.

c. Entitled for Transfer Travelling Allowance.

Download DoPT OM No. 28020/1/2010-Estt.(C) dated 17.08.2016

Be the first to comment - What do you think?  Posted by admin - November 5, 2016 at 4:51 pm

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