Posts Tagged ‘Promotions’

Posting of SC/ST candidates/employees near their home town on initial appointment / promotions / transfers

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Posting of SC/ST candidates/employees near their home town on initial appointment / promotions / transfers

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.2018-E(SCT)1/25/10

New Delhi, dated 19.06.2018

The General Manager (P)
All Indian Railways and Production Units

Sub: Posting of SC/ST candidates/employees near their home town on initial appointment / promotions / transfers.

Ref: (i) Board’s letter No. E(SCT)I/74CM15/58 dated 14.01.1975.
(ii) Board’s letter No.78-E(SCT)I/15/25 dated 06.07.1978.
(iii) Board’s letter No. 85-E(SCT)I-43/1 dated 24.12.1985.

Attention is invited to Railway Board’s letters No. 85-E(SCT)1-43/1 dated 24.12.1985 (copy enclosed), wherein it has been mentioned that at the time initial appointment, as well as on transfer/posting, SC/ST candidates should as far as a practicable, be posted nearer to their home towns or at a place where the Administration can provide them quarter subject to their eligibility.

It has been brought to the notice of the Railway Board that above instructions are not being followed in some Railways. It is therefore once again reiterated that while making initial appointment as well as on transfer/posting of SC/ST candidates/employees, guidelines issued vide Railway Boards letter No.85-E(SCT)I-43/1 dated 24.12.1985, may be kept in view by concerned Railways / PUs

The above may be brought to the notice of all concerned for information and strict compliance.

DA: As above.

S/d,
(U.N. Mehta)
Joint Director, Estt.(Res.)

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Be the first to comment - What do you think?  Posted by admin - July 6, 2018 at 8:20 am

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Bharatiya Mazdoor Sangh discusses Insurance and Pension related issues with Dr Jitendra Singh

Ministry of Personnel, Public Grievances & Pensions

Bharatiya Mazdoor Sangh Pension issues

Bharatiya Mazdoor Sangh discusses Insurance and Pension related issues with Dr Jitendra Singh

14 MAY 2018

A delegation of Bharatiya Mazdoor Sangh (BMS), represented by its Pratiraksha (Industrial) unit called on the Union Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh here today and discussed wide range of issues related to Central Government employees, including Insurance, Pension, promotions and other matters.

In a memorandum presented to the Minister, the delegation submitted that the Central Government Employees Group Insurance Scheme was notified on 1st November 1980 and came into effect from 1st January 1982. The scheme is intended to provide Central Government employees, at a low cost, on a wholly contributory and self-financing basis, the twin benefits of an insurance cover to their families in the event of death in service and a lump-sum payment to augment their financial sources on retirement. However, the BMS demands that the government should immediately notify the customized Group Insurance Scheme for Central Government employees with low premium and high risk cover.

The memorandum also expressed discontentment of a section of employees for being left out from the provision of minimum guaranteed pension under National Pension Scheme (NPS). It requested that a minimum pension be guaranteed equivalent to 50% of the employee’s last drawn Basic Pay plus Dearness Relief for neutralization of price rise.

Among other issues raised by the delegation was the demand for one-time relaxation for compassionate appointments. This has become important because a large number of wards are waiting for their appointment on compassionate grounds to look after their family.

The delegation also demanded the framing of an appropriate transfer policy in all cadres in favour of single woman/single mother employees. They requested that whenever such women are given postings, it should be mandatorily ensured that they are placed at stations closest to their hometown or the place of their choice.

Dr Jitendra Singh said that he will direct the DoPT to process the issues related to them, while other issues related to other Ministries will be referred for the perusal and views of the respective Ministries.

PIB

Be the first to comment - What do you think?  Posted by admin - May 15, 2018 at 12:37 pm

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Promotion of SCs/STs

Promotion of SCs/STs

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA

UNSTARRED QUESTION NO. 2187

TO BE ANSWERED ON 01.01.2018

PROMOTION OF SCs/STs

2187. SHRI KAUSHAL KISHORE:

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:

(a)the number of people from Scheduled Caste/Scheduled Tribe (SC/ST) category who have been provided employment in the ministry during the last three years and the current year; and

(b)the details of the directions issued regarding upgrading/promotion of SC/ST employees working in the Ministry?

ANSWER

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT

(SHRI SANTOSH KUMAR GANGWAR)

(a): The details of number of people from Scheduled Caste/ Scheduled Tribe (SC/ST) category who have been provided employment in different offices of the Ministry during the last three years and the current year are attached as Annexure-I. Details of appointment of SC/ST category people in Offices of the Directorate General of Labour Bureau, Employees State Insurance Corporation, Employees’ Provident Fund Organization and Group-C posts in Chief Labour Commissioner (Central) are being collected and will be laid on the table of the House.

(b): Upgradations/Promotions are made as per Recruitment Rules and Instructions issued by the Department of Personnel & Training. No specific instructions have been issued by the Ministry.


ANNEXURE-I

ANNEXURE REFERRED TO IN REPLY TO PART (a) OF LOK SABHA UNSTARRED QUESTION NO. 2187 FOR 01/01/2018 REGARDING PROMOTION OF SCs/STs.

Number of people from Scheduled Caste/Scheduled Tribe (SC/ST) category who have been provided employment in the Ministry during the last three years and the current year

promotion-sc-st

* excluding CSS,CSSS and CSCS Cadres posts as these posts are filled-up through Department of Personnel and Training.

Source : LokSabha

Be the first to comment - What do you think?  Posted by admin - January 8, 2018 at 10:38 am

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Give asset details or lose promotions and foreign postings: Government to IAS officers

Give asset details or lose promotions and foreign postings: Government to IAS officers

All IAS officers have been asked to submit details of their assets by next month and warned that the failure to do so would lead to a denial of vigilance clearances needed for promotions and foreign postings.

The Department of Personnel and Training (DoPT) has written to all Central government departments, states and union territories asking them to ensure submission of Immovable Property Returns (IPRs) by IAS officers working with them by January 31, 2018.

“In view of the DoPTs instructions dated April 4, 2011, it is reiterated that failure to ensure timely submission of IPR would result in denial of vigilance clearance,” Establishment Officer and Additional Secretary P K Tripathi said in the recent missive.

According to the 2011 instructions, officers who did not submit their IPR as on January 1, 2018, on time would be denied vigilance clearances and will not be considered for promotions and empanelment for senior-level posts in the government of India.

“Those who do not submit property details on time will not be considered for any posts of the Central government including foreign postings,” a senior DoPT official said.

An online module has been designed for the purpose of filing of the IPR. Officers have the option of uploading the hard copy of the IPR by January 31 in the online module, the December 22 letter said.

There are 5,004 Indian Administrative Service (IAS) officers working across the country, according to the DoPTs latest data.

PTI

Be the first to comment - What do you think?  Posted by admin - December 26, 2017 at 9:01 pm

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Out-of-Turn Promotions (OTP) to outstanding Sportspersons on sports accounts for representing India in Olympic games

RBE No. 39/2017

Clarification No. 79

Government of India
Ministry of Railways
(Railway Board)

No. 2016/E(Sports)/5(1)/12/Rio-Olympic 2016

New Delhi, dated 25.04.2017

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

Sub.: Out-of-Turn Promotions (OTP) to outstanding Sportspersons on sports accounts for representing India in Olympic games.

Ref.: Board’s letters nos. (i) 2010/E (Sports)/4(1)/1 (policy) dated 31.12-2010 (RBE No. 189/2010),

(ii) 2012/E(Sports)/4(1)/3/OTP/DOPT relates 23.05.2013 (RBE No. 50/2013) and clarifications/ corrigendum issued thereto.

Please connect Para 9.2.1.1 (i) & 9.2.11 (i) of Board’s policy letters mentioned above regarding out of turn promotion to outstanding sportspersons for participation in Category-A International Championships i.e. Olympic Games.

Ministry of Railways (Railway Board) have now decided that

  1. i) Out of turn promotion may be granted in Gazatted post for representing the Country in Olympic Games with at least 4th position;
  2. ii) Out of turn promotion may be granted for representing the country in Olympic Games, to the next higher grade or the grade to which he/she would be eligible for against direct recruitment, whichever is higher.

OR

In case he/she has already reached apex of the grade, in that scenario, he/she may. He granted five increments (irrespective of any increment granted already), as a special case.

These instructions will also be applicable for Rio Olympics 2016.

These instructions issue with the concurrence of Finance Directorate of Ministry of Railways (Railway Board).

S/d,
(Bhaskar Ray Choudhury)

Dy. Director, Estt.(Sports)

Source: NFIR

Be the first to comment - What do you think?  Posted by admin - May 17, 2017 at 10:52 am

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Central Government paves way for employees timely promotions

Central Government paves way for employees timely promotions

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

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

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

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

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

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

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

There are about 50.68 lakh central government employees.

PTI

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

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Correction in para 228 of Indian Railway Establishment Manual, Volume -I (Revised Edition1989) Edition -2009 Erroneous Promotions

Correction in para 228 of Indian Railway Establishment Manual, Volume -I (Revised Edition1989) Edition -2009 Erroneous Promotions

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

RBE NO. 86 12016

2016/CR/IREM Volume-I/Corrigendum

New Delhi, dated 19.7.2016

The General Managers (P)
All Indian Rail ways &
Production Units etc.
(As per standard list)

CORRIGENDUM

Sub:- Correction in para 228 of Indian Railway Establishment Manual, Volume -I (Revised Edition1989) Edition -2009 Erroneous Promotions.

In the Indian Railway Establishment Manual, Volume-I (Revised Edition 1989)/ Fist Re-print Edition – 2009,” Rule 2927- R II “appearing in the last sentence of existing para 228 II(d) at page no.85 may be read as” Rule 2027 – R II (Fifth reprint) 1974, renumbered as Rule-1327 – R- II( 2nd Reprint)2005

Please acknowledge receipt.

sd/-
(Abhilasha Jha Misra)
Director Accounting Reforms
Railway Board

Source : NFIR

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Just good won’t be good enough to get government employees an annual raise now

Just ‘good’ won’t be good enough to get government employees an annual raise now

 

Central government employees will be entitled to annual increments and promotions, under a new pay structure that takes effect next month, only if they get a ‘very good’ on their report cards rather than just ‘good’ — the current benchmark.

The finance ministry on Tuesday notified new salaries and pensions as well as other recommendations of the Seventh Pay Commission that will impact 4.7 million workers and 5.3 million pensioners.

The commission — which reviews pay grades and suggests hikes every 10 years — had recommended an increase of up to 23.55% in overall take-home amounts, fixed the minimum monthly pay at Rs 18,000, and revised the highest pay to Rs 2.5 lakh for officers of the rank of cabinet secretary, the highest ranking bureaucrat.

Beneficiaries will get arrears from January 2016, to be paid before March 31, 2017.

But with the higher salaries come rigorous performance checks and tougher promotion criteria for the bureaucracy.

“There is one significant aspect where this commission feels a change is required… The commission recommends this benchmark, in the interest of improving performance level, be enhanced from ‘good’ to ‘very good’,” the pay panel had suggested. This was accepted by the government.

The commission had also sought “more stringent criteria such as clearing of departmental examinations or mandatory training before grant of Modified Assured Career Progression”. A panel will now be appointed to streamline the national pension system. The revision is likely to cost the government Rs 1.02 lakh crore annually or 0.7% of GDP.

Source : hindustantimes

Be the first to comment - What do you think?  Posted by admin - July 27, 2016 at 8:39 pm

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Promotion of Government Servants exonerated after retirement – Procedure and Guidelines to be followed

Promotion of Government Servants exonerated after retirement – Procedure and Guidelines to be followed
No.22011/3/2013-Estt.(D)
Department of Personnel & Training
Establishment (D)
***
Dated: 23.11.2015

Subject:- Promotion of Govt. Servants exonerated after retirement – Procedure and Guidelines to be followed – Regarding.

The Department intends to issue instructions on the subject- “Promotion of Govt. Servants exonerated after retirement – Procedure and Guidelines to be followed”. Draft instructions proposed to be issued are enclosed. Ministries/Departments are requested to offer their comments/views, if any, in this regard latest by 22nd December, 2015 at the e-mail address dire1-dopt@nic.in
(S.K. Prasad)
Under Secretary
No.22011/3/2013-Estt (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi .
Dated: 23rd November, 2015
OFFICE MEMORANDUM

Subject:- Promotion of Govt. Servants exonerated after retirement — Procedure and Guidelines to be followed – Regarding.

The undersigned is directed to invite reference to the Department of Personnel and Training Office Memorandum No. 22011/4/91-Estt(A) dated 14th September, 1992 regarding procedure and guidelines to be followed by DPC in respect of Government servants against whom disciplinary/court proceedings are pending or whose conduct is under investigation. In case the Government servant is covered under any of the three conditions as mentioned in Para 2 of OM dated 14.09.1992, the recommendations of the DPC are to be kept in ‘sealed cover’ and subsequent action regarding opening of sealed cover will depend on the outcome of the disciplinary/criminal proceedings.
2. If on conclusion of the disciplinary/ criminal proceedings, the Government servant is exonerated, the procedure prescribed in para 3 of the OM dated 14-9-1992 is to be followed. This provides as under:-
“On the conclusion of the disciplinary case/criminal prosecution which results in dropping of allegations against the Govt. servant, the sealed cover or covers shall be opened. In case the Government servant is completely exonerated the due date of his promotion will be determined with reference to the position assigned to him in the findings kept in the sealed cover/covers and with reference to the date of promotion of his next junior on the basis of such position. The Government servant may be promoted, if necessary, by reverting the junior most officiating person. He may be promoted notionally with reference to the date of promotion of his junior. However, whether the officer concerned will be entitled to any arrears of pay for the period of notional promotion preceding the date of actual promotion, and if so to what extent, will be decided by the appointing authority by taking into consideration all the facts and circumstances of the disciplinary proceedings/criminal prosecution. Where the authority denies arrears of salary or part of it, it will record its reasons for doing so. It is not possible to anticipate and enumerate exhaustively all the circumstances under which such denials of arrears of salary or part of it may become necessary. However, there may be cases where the proceedings, whether disciplinary or criminal, are, for example delayed at the instance of the employee or the clearance in the disciplinary proceedings or acquittal in the criminal proceedings is with benefit of doubt or on account of non-availability of evidence due to the acts attributable to the employee etc. These are only some of the circumstances where such denial can be justified.”
3. The applicability of above provisions in so far as it relates to cases where the Government Servant, who has retired by the time he is exonerated of all the charges has been considered in respect of the following cases:
i. Where the promotion order pertaining to the relevant DPC has been issued and the officers empanelled have assumed charge prior to the date of superannuation of the retired Government Servant; and
ii. The retired Government Servant would have been in service and assumed charge of the post had the disciplinary proceeding not been initiated against him/her.
4. It has been decided in consultation with the Department of Expenditure, Department of Pensions & Pensioners’ Welfare and the Department of Legal Affairs that notional promotion and payment of arrears of pay, if any, for the period of notional promotion till the date of retirement, to such a retired Government servant if found fit on opening of the sealed cover is to be decided by the appointing authority in terms of Para 3 of OM No.22011/4/91-Estt.(A) dated 14/9/1992.
5. A retired Government employee who is considered for notional promotion from the date of promotion of his next junior after opening of the sealed cover would also be entitled to fixation of pension on the basis of such notional pay on his notional promotion.
6. The provisions contained in this Office Memorandum shall become operational from the date of issue of this Office Memorandum. Past cases settled in accordance with the earlier provisions shall not be reopened.
(G. Jayanthi)
Director(E-I)

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/22011_3_2013-Estt.D-23112015.pdf]

Be the first to comment - What do you think?  Posted by admin - November 24, 2015 at 10:03 pm

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Restructuring of Cadre of Artisan Staff in Defence Establishments in Modification of Recommendations of 6th CPC

Restructuring of Cadre of Artisan Staff in Defence Establishments in Modification of Recommendations of 6th CPC

Grant of 3% increment due to financial upgradation in the same Grade Pay – OFB Orders on 10.7.2015

Government of India
Ministry of Defence
Ordnance Factory Board
Ayudh Bhavan
10A, Shaheed Kmudiram Bose Road, Kolkatta – 700 001

 

No.Per/1/01/CR/658

Date: 10/07/2015

To
The Sr. General Managers’ / General Managers
All Ordnance & Ordnance Equipment Factories

Sub: Restructuring of Cadre of Artisan Staff in Defence Establishments in Modification of Recommendations of 6th CPC

Ref: (i) OFB Circular No. 01/CR/A1/658 dated 17/02/2014
(ii) PC of A (FYS) Circular No. Pay/Tech-II/04/2014/02 dated 11.02.2014
(iii) PC of A (FYS) Circular No. Pay/Tech-II/04/2013/22 dated 31.07.2013

It has already been circulated vide Ref.(i) & (ii) above that HS/MCM workers drawing the pay scale of 5000-8000/- (i.e. Pay Scale of CM-II) by virtue of ACPS upto 31.12.2005 are to be considered for financial up-gradation in the Grade Pay of Rs.4600/- under 3rd MACP, if otherwise eligible.

 

Now, some factories and federations have sought clarification regarding 3rd MACP up-gradation in respect of the MCM workers who were drawing the pay scale of Rs. 4500-7000/- upto 31.12.2005. The matter has also been discussed in MACP Workshop held at NADP, Ambajhari on 8th & 9th May, 2015. In this connection, factories are requested to consider such employees financial up-gradation under 3rd MACP in the same Grade pay of Rs.4200/- with 3% increment benefit, if otherwise eligible.

 

PC of A (FYS) has already issued directives to all Branch vide Circular No. Pay/Tech-II/04/2013/22 dated 31.07.2013 (copy enclosed) in this regard.

sd/-
(S.K. Singh)
Director/IR

Source: BPMS

Be the first to comment - What do you think?  Posted by admin - July 16, 2015 at 2:56 am

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Selection Procedure for Promotion to Selection Posts from Erstwhile Group D to C: Railway Board Clarification

Selection Procedure for Promotion to Selection Posts from Erstwhile Group D to C: Railway Board Clarification

RB Estt No. 43/2015

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

NO.E(NG)I-2011/PM1/26

New Delhi, dated 05 .05.2015

The General Managers (P)
All Indian Railways & PUs,
(As per standard list)

Sub : Selection procedure for promotion to Selection Posts – Formation of panel in the order of seniority amongst those securing qualifying marks.

Ref: PNM/NFIR item No.2/2012.

Railway Board, vide letter of even‘number dated 06.02.2014, have issued certain clarification with respect to selection procedure for promotion to Selection Posts. Some of the Zonal Railways have raised some doubts in conducting selection from erstwhile Group ’D’ to Group ’C’ posts.

2. The matter has been re-examined in consultation with both the Federation, viz., AIRF and NFIR and as a sequel to Railway Board’s letter of even number dated 06.02.2014 on the above subject, it is clarified that while conducting selection against 33 1/3% promotion quota from erstwhile Group ’D’ (G.P. Rs.1800) to Group ‘C’ (G.P.1900/2000) posts, panel is required to be drawn in the order of their seniority amongst the qualified staff as per the provisions of para 189 of IREM, Vol-l and ACS No.154 & 155.

Please acknowledge receipt.

Hindi/version will follow.

sd/-
(Amita Bhalla)
Deputy Director-II/E(NG)I
Railway Board.

Source: NFIR
[https://drive.google.com/file/d/0B40Q65NF2_7UNWFtSVVuc3ZnMHYtOEtjSGMxbFlBLWhIRWI4/view]

Be the first to comment - What do you think?  Posted by admin - May 12, 2015 at 4:04 am

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Reservation in Promotion in Public Sector Banks

Reservation in Promotion in Public Sector Banks
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF FINANCIAL SERVICES
RAJYA SABHA

UNSTARRED ADMITTED QUESTION NO. 2161

TO BE ANSWERED ON THE 17TH MARCH, 2015
(TUESDAY) PHALGUNA 26, 1936 (SAKA)

 

RESERVATION IN PROMOTION IN PSBs.

QUESTION 2161. SHRI BALWINDER SINGH BHUNDER:

Will the Minister of FINANCE be pleased to state:-

(a):   whether it is a fact that Public Sector Banks (PSBs) give reservation in promotion up to DGM level and there is hardly any SC/ST officer above DGM level;

(b):  if so, the details, thereof, bank-wise and the details of SC/ST Officers above DGM level, bank-wise;

(c):    whether any training is provided to SC/ST  Officers at DGM  level so that they can share higher responsibility and be promoted to next level; and

(d):   the overall plan for growth of persons from SC/ST category in PSBs bank-wise?

ANSWER

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI JAYANT SINHA)

(a)&(b): No, Sir. At present Public Sector Banks (PSBs) give reservation in promotion up to Scale-I only. There is no reservation in promotion within the officers cadre. A statement of SC/ST officers above DGM level in at annexed.

(c)&(d): Banks are periodically providing in-house /external training to all officers including SC/ST officers above DGM level to shoulder higher responsibilities. Department of Financial Services has been advising all PSBs to provide effective pre-promotion and in-service training to SC/ST employees. Instructions have also been issued to nominate a suitable number of SC/ST officers for foreign training programmes.

Annexure

 

Bank wise deatails of SC/ST Officers above DGM level as on 31.12.2014
 
S.NO. Name of the PSBs. SC ST
1 Allahabad Bank Nil Nil
2 Andhra Bank Nil Nil
3 Bank of Baroda 3 Nil
4 Bank of India 1 2
5 Bank of Maharashtra 2 Nil
6 Canara Bank 2 1
7 Central Bank of India 1 Nil
8 Corporation Bank Nil Nil
9 Dena Bank Nil 1
10 Indian Bank 1 Nil
11 Indian Overseas Bank Nil 3
12 Oriental Bank of Commerce Nil Nil
13 Punjab National Bank 2 1
14 Punjab & Sind Bank Nil Nil
15 Syndicate Bank 3 Nil
16 Union Bank of India 1 Nil
17 United Bank of India Nil Nil
18 UCO Bank 1 Nil
19 Vijaya Bank Nil Nil
20 State  Bank of India 4 Nil
21 State Bank of Bikaner & Jaipur Nil Nil
22 State Bank of Patiala 1 1
23 State Bank of Hyderabad 3 Nil
24 State Bank of Mysore 1 Nil
25 State Bank of Travancore Nil Nil
26 IDBI Bank 1 Nil
27 BharatiyaMahila Bank Nil Nil
Grand Total 27 9

Source: ENGLISH VERSION HINDI_VERSION

Be the first to comment - What do you think?  Posted by admin - May 6, 2015 at 4:20 pm

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Out of Turn Promotion of sportspersons on sports account in Probation period.

Out of Turn Promotion of sportspersons on sports account in Probation period: Railway Board Order

RBE No 27/2015
Clarification/Corrigendum No.56
Government of India
Ministry of Railways
(Railway Board)

No. 2015/E(Sports)/4(1)/5/Probation Period

New Delhi, dated 25th March, 2015

The General Managers (P),

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

Sub. Out of Turn Promotion of sportspersons on sports account in Probation period.
Ref.: Railway Board’s letter No. 2010/E(5ports)/4(-1)/1(Policy) dated 31.12.2010 (RBE No. 189B/2010).

In partial modification of existing policy, Ministry of Railways (Railway Board) have decided as under:

SN
Reference/Existing Para
Revised Para (Read as)
(i) Para 9.2.6 of letter No. 2010/E(Sports)l4(1)/I(Policy) dated 31.12.2010 (RBE No. 189B/2010)

No out-of-turn promotion shall be granted during  probation period.

If a sportsperson acquires the norms for out of turn promotion, except the condition of completion of probation, in such case, the promotion may be granted and the balance probationary period be reckoned in the higher grade, in which the promotion is proposed to be carried out.

2. This issues with approval of Board (MS) and concurrence of the Finance Directorate of the Ministry of Railways

(Railway Board)
Dy. Director, Estt.(Sports)

Source: http://www.airfindia.org/wp-content/uploads/2015/04/RBE-No.27-of-2015.pdf

Be the first to comment - What do you think?  Posted by admin - April 13, 2015 at 11:38 am

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Grant of promotional increment under rule 13 of RS(RP) Rules, 2008 to those promoted to identical Pay Band /Grade Pay shouldering higher responsibilities

Grant of promotional increment under Rule 13 of RS (RP) Rules, 2008 to those promoted to identical Pay Band or Grade Pay shouldering higher responsibilities:-

GOVT. OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

No.PC-VI/2014/IR-N/4

New Delhi, dated 01.04.2015.

General Secretary
National Federation of Indian Railwaymen
3, Chelmsford Road
New Delhi-110055.

Subject: Grant of promotional increment under rule 13 of RS(RP) Rules, 2008 to those promoted to identical Pay Band /Grade Pay shouldering higher responsibilities.

Ref: Item no.1/2014 of PNM.

Sir,

In terms of rule 13 of Railway Services (Revised Pay) Rules, 2008, fixation of pay with one additional increment is admissible in the situations of promotion from one Grade Pay to another. Prior to implementation of above rules, fixation of pay on appointment from one post to another was governed by Rule 1313(FR22)(1)(a)(1)R-II (still in force) which provides for fixation of pay involving additional increment appointment / promotion as per the provisions of Recruitment Rules in the situations involving assumption of duties and responsibilities of greater importance. Further, in terms of Rule 1313 (FR22)(III)R-II appointment in identical pay scale is not to be deemed as a case of assumption of duties and responsibilities of greater importance.

2. Consequent upon implementation of recommendations of 6th CPC there were various situations of appointment to identical Pay in the nominal promotional hierarchy of the employee and such posts could not be merged (in terms of recommendations of 6th CPC envisaging merger of various scales) and the posts continued to be feeder and promotional posts though in same Grade Pay. There was marked assumption of duties and responsibilities of greater importance. Such cases were examined with Ministry of Finance and DOP&T and consequently, as agreed, promotional benefit was extended to certain categories vide Board’s letter No.PC-VI/2011/IC/1 dated 12.9.2013 (copy enclosed).

3. Now there are demands from the Federations for grant of benefit to certain other situations viz;

S.No Feeder Category Promotional Categories Revised Pay structure(Pay Band, Grade Pay)
(i) Track Maintainers-IV Key man PB-1 GP Rs 1800
(ii) Peon Record Sorter/ Gastetner Operator PB-1 GP Rs 1800
(iii) Sr.ALP works under

Loco Pilot

Loco Pilot (Shunting) Works Independently. PB-1 GP Rs 2400
(iv) Commercial Clerk Enquiry-cum-Reservation Clerk PB-1 GP Rs 2800
(v) Sr. Goods Guard Passenger Guard PB-2 GP Rs 4200
(vi) Sr. Loco Pilot (Shunting) Loco Pilot (Goods) PB-2 GP Rs 4200
(vii) Station Master Section Controller PB-2 GP Rs 4200

 

4. The issue has been examined and it has been observed item wise as under:

Item No.(i) Track Man to Key Man
Item No.(ii) Peon to Record Sorter

Consequent to the implementation of 6th CPCs recommendations, the pre-revised scales of Rs. 2550-3200, Rs. 2610-3540, Rs. 2650-4000 and 2750-4400 in respect of Group ‘D’ posts have been replaced by Revised Pay structure of Pay Band PB I and Grade pay Rs. 1800 and the functions etc of the posts are deemed to have merged. The situation is common to all the erstwhile Group ‘D’ categories. Accordingly the question of fixation of pay under Rule 13 of Revised pay rules does not arise in these specific situations.

Further based on the report of the Committee set up by Board, the category of Track Man/ Keymen etc is now being operated in four Grade unified structure and in such a pay structure benefit is already available on promotion from one Grade Pay to another and there is no issue of non admissibility of fixation of pay under Rule 13 of RS(RP) Rules 2008. (Reference: Board’s letter No 2010/CE-l(Spl)/GNS/15{Pt) dated 17/08/2012) copy enclosed.

Item No. (iii) Sr. ALP to Loco Pilot (Shunting)
Item No. ( v) Sr. Goods Guard to Passenger Guard
Item No. (vi) Sr. Loco Pilot(Shunting) to Loco Pilot (Goods)

In respect of above situations of promotions in the identical scale of pay, consequent to consultation with Ministry of Finance a detailed clarification has been issued to zonal Railways vide Board’s letter No. PCVI/2011/IC/l dated 22/05/2014 (copy enclosed) explaining the detailed background, leading to admissibility of promotional pay fixation and the methodology adopted for fixation of pay on promotion to identical grade pay in different situations, in terms of Board’s letter No.PC-Vl/2011/IC/1 dated 22/05/2014.

Item No.( iv): Commercial Clerk to Enquiry cum Reservation Clerk
Item No. (vii) Station Master to Section Controller.

The above situations are result of lateral movement of employees from one cadre to another on their own volition based on the option furnished by them and not the cases of promotion in their normal hierarchy. As per norms being followed, such situations are not being considered for extension of benefit of fixation of pay under Rule 3 of RS(RP) Rules 2008.

5. Keeping in view above position it is not feasible to agree to the demand.
Encl: As above.

Yours Faithfully

For Secretary/Railway Board

Source: NFIR
[https://drive.google.com/file/d/0B40Q65NF2_7UcDd4R2tMSnd3TGs/view]

Be the first to comment - What do you think?  Posted by admin - April 4, 2015 at 9:02 am

Categories: 6CPC, CCS, Dearness Allowance, Employees News, General news, Latest News, Promotion, Railways   Tags: , , , , , , , , ,

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

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

RBE No. 117/2014
Clarification/Corrigendum No. 51
Government of India
Ministry of Railways
(Railway Board)

No. 2014/E(Sports)/4(1)/1/Policy Clarifications

New Delhi, dated 22 nd October 2014

The General Managers (P),

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

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

Ref.: Railway Board’s policy letter Nos. (i) 2010/E(Sports)/4(1)/1(Policy) dated 31.12.2010 (RBE No. 1893/2010), (ii) 2012/E(Sports)/4(1)/1/ Policy Clarifications dated 18.04.2012 (RBE No. 52/2012) & (iii) 2010/E(Sports)/4(1)/3/OTP/DOPT dated 23.05.2013 (RBE No. 50/2013).

In partial modification of existing policy,Mi nistry of Railways (Railway Board) have decided as under:

SN
Reference/ Existing Para
Revised Para (Read as)

MODIFICATIONS TO EXISTING PARAS

(i) Para No. 8.1.3 of letter no. 2010/E(Sports)/4(1)/1(Policy) dated 31.12.2010 (RBE No. 1893/2010)modified vide letter no. 2012/E(Sports)/4(1)/1/ Policy Clarifications dated 18.04.2012 (RBE No. 52/2012):
For recruitment through Talent Scouting, all the eligible candidates of declared games and events, must be given  opportunity for trials. Any eligible candidate of declared game & event,  approaching the Railway for recruitment through Talent Scouting should immediately be registered and given a date for trial in due course.
Trials of the candidates shall be  conducted and completed within one month from the date of receipt of the  application from the candidate or receipt of case from Railway Board/RSPB and all other formalities including issue of offer of appointment must be completed within three months from the date of receipt of application/ case.
In the case of receipt of application/ case before the game-wise distribution of sports quota, the one month period for Trials and three months period for completing all formalities, shall be counted from the date of approval of Competent Authority for game-wise distribution of
For recruitment through Talent Scouting, all the eligible candidates of declared games and events, must be given opportunity for trials. Any eligible candidate of declared game & event, approaching the Railway for recruitment through Talent Scouting should immediately be registered and given a date for trial in due course.
Trials of the candidates shall be  conducted and completed within one month from the date of receipt of the application from the candidate or  receipt of case from Railway Board/RSPB and all other formalities including issue of offer of appointment must be completed within three months from the date of receipt of application/ case. However, with the approval of General Manager/Head of Organization of the concerned Railway/Unit three months period can be extended maximum up to six months, within the some financial year.
In the case of receipt of application case before the game-wise distribution of sports quota, the one month period for Trials and three months period for completing all formalities, shall be counted from the date of approval of Competent Authority for game-wise
(ii) Para No. 9.2.6 (C) added vide letter no. 2010/E($ports)/4(1)/3/OTP/DOPT dated 23.05.2013 (RBE No. 50/2013):
In case of a team event, a sportsperson will qualify for out-of-turn promotion only if he/she has played at least 50% of the matches in the same event. Reserve player, is any, shall not be entitled for any out-of-turn promotion unless he/she has played at least 50% of the matches in the same event
In case of a team event, a sportsperson will qualify for out-of-turn promotion if he/she has played

at least 50% of the matches in the same event

or

played in any match in quarterfinal and above in that event.

Sportspersons shall not be entitled for out-of-turn promotion unless he/she fulfills any one of the above two conditions

(Rakesh Rawat)
Dy. Director, Estt.(Sports)

Source: http://www.airfindia.com/Orders%202014/RBE_117_2014.pdf

Be the first to comment - What do you think?  Posted by admin - November 17, 2014 at 2:44 am

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Revised Guidelines regarding Centralisation of Cadre Management of CSS with the CS Division of DOP&T

Revised Guidelines regarding Centralisation of Cadre Management of CSS with the CS Division of DOP&T

No.21/20/2014-CS.I (P)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

Lok Nayak Bhawan, New Delhi- 110003,
Dated 28th October 2014

Office Memorandum

Subject: Revised Guidelines regarding Centralisation of Cadre Management of CSS with the CS Division of DOP&T

After the first Cadre Restructuring of Central Secretariat Service (CSS) in the year 2003, cadre management of CSS was centralized in CS.I Division. Detailed instructions regarding carrying out of various cadre management functions were issued vide O.M. No. 21/01/2004-CS.I dated 20.04.2005.

Thereafter, there have been changes in the procedure followed in the cadre management activities necessitating revised guidelines to correctly reflect the extant position. Accordingly, in supersession of 0M dated 20.4.2005, revised instructions are issued as under:

2. (i) Direct Recruitment to Assistant Grade: CS.I Division, DoPT will be responsible for direct recruitment to the grade of Assistant. The Division will also maintain Post Based Reservation Roster for the purpose

(ii) Promotions: Promotions to all grades of CSS will be carried out by DoPT as under:

I. Assistant Grade:
(a) SQ promotion CS.ll, Division, DoPT will be responsible for SQ promotion to the grade of Assistant on the basis of All Secretariat Common Seniority List in the grade of UDC. CS.ll Division will issue the zone for promotion and the Ministries/ Departments concerned will conduct the DPC in terms of CSS Rules, 2009. CS.ll Division will issue the Select List on the recommendations of DPCs by Ministries/ Departments.

(b) Limited Departmental Competitive Examination (LOCE) : CS.ll Division, DoPT will be responsible for promotion to Assistant Grade on the basis of LDCE CS.ll Division will maintain Post Based Reservation Roster for these purposes.
II. Section Officer
(a) SQ promotion CS.I, Division, DoPT will be responsible for SQ promotion to the grade of Section Officer on the basis of All Secretariat Common Seniority List in the grade of Assistant. CS.I Division will issue the zone for promotion and the Ministries/ Departments concerned will conduct the DPC in terms of CSS Rules, 2009. CS.I Division will issue the Select List on the recommendations of DPCs by Ministries/
Departments.

(b) Limited Departmental Competitive Examination (LDCE) : CS.I Division, DoPT will be responsible for promotion to Section Officer Grade on the basis of LDCE conducted by the UPSC.

CS.l Division will maintain Post Based Reservation Roster for these purposes.

III. Under Secretary:
The only mode of recruitment to this grade is promotion. CS.I Division will be responsible for bringing out Select List for regular promotion to this grade in consultation with UPSC. CS.I Division will also maintain Post Based Reservation Roster.

IV. DS/Dir :
Promotion is the only mode of recruitment to these grades CS.I Division will be responsible for bringing out Select List for regular promotion to these grades on the recommendations of DPC constituted for the purpose.

(iii) Transfers: Transfer of officers ¡n all the grades of CSS either on promotion or on rotational transfer or otherwise will be made by the CS.l Division.

(iv) Maintenance of APARs: ACRs/APARs of Under Secretaries, Deputy Secretaries and Directors of CSS will be maintained by CS.l Division. ACR/APAR dossier in respect of SOs and Assistants will continue to be maintained by the respective Ministries/ Departments. However, Ministries /Departments will scan and upload the ACRs/APARs of all the grades in the web based cadre management system.

(v) Deputation : Cadre clearance for deputation of CSS Officers of US and above grades will be granted by CS.l Division. Officers of these grades will report to CS.I Division on repatriation from deputation for further posting. In the grades of Assistant and SO, cadre clearance for deputation will be granted by the respective Ministries/Departments and offices of these grades will report to the same cadre units on expiry of deputation.

(vi) Long leave : Officers of US and above grades on expiry of long leave one year or more will report to CS.I Division for further posting. No substitute will be provided to Ministries / Departments in case of leave less than one year.

(vii) Private Foreign Visit: Permission for private visit abroad in respect of CSS Officers of all grades will be granted by the Ministries / Departments concerned subject to CCS (Conduct) Rules, 1964 and any other instructions on the matter. Cadre Clearance by CS.I Division will not be required for this purpose. However, application for private foreign visit and permission granted should be captured in the web based cadre management system.

(viii) Short Term Foreign Training: Ministries / Departments may nominate officers for short term foreign training, not exceeding three months. However, for foreign training beyond three months cadre clearance from CS.l Division will be required in case of US and above level officers of CSS. Details of foreign training should be entered in the web based cadre management system.

(ix) Domestic Training: Ministries/ Departments may nominate officers for domestic training not exceeding one year. In case of domestic training exceeding one year, cadre clearance from CS.l Division should be obtained for US and above level officers of CSS. Details of training should be entered in the web based cadre management system.

(x) Voluntary retirement: Approval of competent authority for voluntary retirement of CSS Officers of US and above levels will be conveyed by CS.I, DoPT. Requests for voluntary retirement should be forwarded to this Department with the approval of Secretary of the Department and after obtaining vigilance clearance from AVD, DoPT. Approval for voluntary retirement of Assistant and SO will, however, be granted by the concerned Ministry / Department with the approval of the Minister concerned. Requests for voluntary retirement and approval granted should be entered in the web based cadre management system.

(xi) Grant of study leave: Any request for grant of study leave to a CSS officer (of the grades of Under Secretary and above) would require prior approval of CS.I Division of DOP&T.

(xii) Commercial employment: Proposal for commercial employment after retirement of a CSS officer in the grades of Under Secretary and above will be processed by the Ministry/Department concerned with reference to provisions of CCS (Conduct) Rules and referred to CS.l Division for approval.

3. This issues with the approval of the Competent Authority.

sd/-
(Utkaarsh R Tiwaari)
Director

Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/CM.pdf]

Be the first to comment - What do you think?  Posted by admin - October 29, 2014 at 11:59 am

Categories: Allowance, CCS, Dearness Allowance, DOPT Orders, Employees News, General news, HRA, Latest News, Pension, Promotion, Rank Pay   Tags: , , , , , ,

3% reservation for differently-abled persons be given in all category of government jobs: Supreme Court

3% reservation for differently-abled persons be given in all category of government jobs: Supreme Court

 The Supreme Court today held that three per cent reservation for differently-abled persons be given in all category of government jobs including in appointments and promotions to IAS while pulling up the Centre for “frustrating” the very purpose of empowering legislation by opposing it.

A bench headed by Chief Justice R M Lodha said the disabled persons have not got their due in the last 19 years after framing of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, which was passed in 1995.

Additional Solicitor General Pinky Anand, appearing for the Centre, contended that reservation cannot be given in case of promotion to Group A and Group B officers category as it is not a case of appointment.

The bench, however, observed that appointment is a broader concept and the Centre is giving a narrow interpretation of it.

“You are frustating the very reservation policy and cause of class for which Parliament passed the law,” the bench said.

“For the last 19 years it is not being implemented and the class, for which the legislation was made, had not got benefited as it should have,” the bench said.

The court dismissed the petition of Centre challenging order of  Bombay High Court which had directed the Centre and the Union Public Service Commission to implement a 3 per cent quota in direct recruitments and promotions for the disabled in the IAS.

Source : The Economic Times

Be the first to comment - What do you think?  Posted by admin - September 14, 2014 at 4:40 pm

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Income Tax Officers are not too happy with new promotion rule

Income Tax Officers are not too happy with new promotion rule

IT officers not too happy with new promotion rule: The Hindu Business Line
New Delhi, September 4:

Better days are ahead for income tax officials, as the Government will soon notify amendments in the recruitment rules. This will facilitate promotions and direct recruitment, as approved under the cadre restructuring plan.

However, the Gazetted Officers Association of the Income Tax Department is not happy, as it wants the new posts of assistant commissioners to be filled in one go, through promotions.

“The Department of Personnel and Training is expected to issue amendments in the recruitment rules very soon,” a senior Revenue Department official told BusinessLine.

On May 23, the Cabinet approved the proposal for creation of 20,751 additional posts in the Tax Department. This includes 1,349 posts in the Indian Revenue Service (IRS) cadre and 19,402 posts in the non-IRS cadre.

Due to some procedural issues, the Department is facing vacancies at various levels. When the Cabinet approved the creation of additional posts, it permitted, as a one-time measure, filling up these posts through promotions, without amendments in the recruitment rules.
Accordingly, among others, 26 officials were promoted to the newly created grade of ‘principal chief commissioners of income tax’.

Now, 17 out of these 26 officials have retired. To top it, there are already four vacancies for members at the board level (sanctioned strength of seven, including Chairman). These vacancies are affecting decision making in the Department. As on August 1, posts vacant at the level of the chief commissioners stood at 30, principal commissioners at 330, commissioner at 208 and additional/joint commissioners over 700.

But, the real issue is at the level of assistant commissioner of income tax (ACIT), the entry level for Group ‘A’ service. Two sets of people are appointed at this level – those in the IRS and income tax officers. The cadre restructuring exercise decided to create 166 additional regular posts and 620 additional reserve posts at this. Along with 563 vacancies arising out of promotions at a higher grade, a total of 1,349 additional posts were created.

While all other newly created posts are to be filled in one go, for the assistant commissioner level, the condition is that additional posts are to be filled over five years. Every year, half of the posts are to be filled by direct recruitment and the remaining through promotions.

“This will leave most of the newly created posts at assistant commissioner level vacant for the first four years,” said Ajay Goyal, President of the Income Tax Gazetted Officers Association.

He said nearly 600 officers were awaiting promotions since the past 14 years, and will now have to wait longer. In the last cadre restructuring in 2001, around 1,000 additional posts of assistant commissioner were filled through promotions, he added.

Source: The Hindu Business Line

Be the first to comment - What do you think?  Posted by admin - September 5, 2014 at 11:35 am

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CAT suspends promotion of 148 Income Tax inspectors

Central Administrative Tribunal suspends promotion of 148 Income Tax inspectors
TNN | Jun 13, 2014

HYDERABAD: The Hyderabad bench of the Central Administrative Tribunal (CAT) comprising B Venkateshwar Rao, (member judicial) and Minnie Mathew (member administration) on Thursday suspended the promotions given to 148 income tax inspectors by the IT chief commissioner of AP, Hyderabad.

The bench was dealing with a petition by office superintendents and senior tax assistants of the department challenging the action of the chief commissioner in superseding an earlier order of the Centre.

Dr K Lakshmi Narasimha, counsel for the petitioners, said as per the order of the Centre all the posts of office superintendents, senior tax assistants, and stenographers were merged in a single cadre called executive assistants and promotions had to be effected by taking staff from this new category. He alleged that the chief income tax commissioner ignored the rule and effected the promotions.

The bench noted that the petition was filed on June 2 and the IT authorities sought several adjournments and, during the pendency of the petition, the commissioner convened the Departmental Promotion Committee (DPC) meeting and gave promotions.
Source: The Times of India

Be the first to comment - What do you think?  Posted by admin - June 13, 2014 at 11:50 am

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

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

No. 22011/4/2007-Estt. (D)

Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training

North Block, New Delhi,
Dated the 28th April, 2014

OFFICE MEMORANDUM

Subject: Guidelines on treatment of effect of penalties on promotion — role of Departmental Promotion Committee
The Department of Personnel & Training had in its O.M. No.22011/5/86-Estt (D) dated 10.04.1989 issued consolidated instructions on Departmental Promotion Committee and matters related thereto. Para 6.2.3 of said O.M. provides that “before making the overall grading after considering the CRs for the relevant years, the DPC should take into account whether the officer has been awarded any major or minor penalty or whether any displeasure of any superior officer or authority has been conveyed to him as reflected in the ACRs.” These guidelines further provide that “the DPC should not be guided merely by the overall grading, if any, that may be recorded in the ACRs (now APARs) but should also make its own assessment on the basis of entries in the CRs (now APARs) because it has been noticed that sometimes the overall grading in a ACR (now APAR) may be inconsistent with the grades under various parameters or attributes”.

2. It further provides that an officer whose increments have been withheld or who has been reduced to a lower stage in the time scale, cannot be considered on that account to be ineligible for promotion to the higher grade as the specific penalty of withholding promotion has not been imposed on him/her. The suitability of the officer for promotion should be assessed by the DPC as and when occasions arise for such assessment. In assessing the suitability, the DPC will take into account the circumstances leading to the imposition of the penalty and decide whether in the light of the general service record of the officer and the fact of the imposition of the penalty he should be considered suitable for promotion. However, even where the DPC considers that despite the penalty, the officer is suitable for promotion, the officer should not be actually promoted during the currency of the penalty.

3. Further this Department’s O.M. No. No.22034/5/2004-Estt (D) dated 15.12.2004 provides that a Government servant, on whom a minor penalty of withholding of increment etc. has been imposed, should be considered for promotion by the Departmental Promotion Committee which meets after the imposition of the said penalty and after due consideration of full facts leading to imposition of the penalty, if he is still considered fit for promotion, the promotion may be given effect after the expiry of the currency of the penalty.

4. The procedure and guidelines to be followed for promotion of Government servants against whom disciplinary/court proceedings are pending or whose conduct is under investigation has been laid down in this Department’s O.M. No.22011/4/91-Estt(A) dated 14.9.92 and O.M. No.22034/4/2012-Estt (D) dated 02.11.2012 and 23.1.2014.

5. The role of Departmental Promotion Committee(DPC) in assessment of the officers being considered for promotion, including the officer(s) against whom a chargesheet has been issued or on whom a penalty has been imposed, has been examined by the Supreme Court in several judgments. The observations of Supreme Court in some of the important cases are summarized as under:

(a) In A.K. Narula case (AIR 2007 SC 2296), the Hon’ble Supreme Court has observed:
“the guidelines give a certain amount of play in the joints to the DPC by providing that it need not be guided by the overall grading recorded in the CRs, but may make its own assessment on the basis of the entries in the CRs. The DPC is required to make an overall assessment of the performance of each candidate separately, but by adopting the same standards, yardsticks and norms. It is only when the process of assessment is vitiated either on the ground of bias, malafide or arbitrariness, the selection calls for interference. Where the DPC has proceeded in a fair, impartial and reasonable manner, by applying the same yardstick and norms to all candidates and there is no arbitrariness in the process of assessment by the DPC, the court will not interfere”.
(b) In Union of India vs. K.V. Jankiraman case(AIR 1991 SC 2010), the Supreme Court has taken cognizance of role of DPC the case of an officer on whom a penalty has been imposed and has held that:
“An employee has no right to promotion. He has only right to be considered for promotion. The promotion to a post and more so, to a selection post, depends upon several circumstances. To qualify for promotion, the least that is expected of an employee is to have an unblemished record. That is the minimum expected to ensure a clean and efficient administration and to protect the public interest. An employee found guilty of misconduct cannot be placed on par with the other employees, and his case has to be treated differently……. In fact, while considering an employee for promotion his whole record has to be taken into consideration and if a promotion committee takes the penalties imposed upon the employee into consideration and denies him the promotion, such denial is not illegal and unjustified.”
(c) In UOI & Anr. Vs. S.K. Goel & Ors. (Appeal (Civil) 689/2007 -SLP(C)-2410/2007), the Hon’ble Supreme Court has held that:
“DPC enjoyed full discretion to devise its method and procedure for objective assessment of suitability and merit of the candidate being considered by it. Hence interference by High Court is not called for. ”
While delivering the above judgement, the Division Bench has observed that:
“…it is now more or less well settled that the evaluation made by an Expert Committee should not be easily interfered with by the Court which do not have the necessary expertise to undertake the exercise that is necessary for such purpose.”

 

6. It has been brought to the notice of this Department that DPCs have been adopting varying criteria in assessment of officials undergoing penalty that are not consistent with the extant instructions of the DOPT for e.g., downgradation of grading in ACR/APAR, denying promotion for specified number of years, etc.

7. The matter has been examined in consultation with the Department of Legal Affairs. It is a settled position that the DPC, within its power to make its own assessment, has to assess every proposal for promotion, on case to case basis. In assessing the suitability, the DPC is to take into account the circumstances leading to the imposition of the penalty and decide, whether in the light of general service record of the officer and the effect of imposition of penalty, he/she should be considered suitable for promotion and therefore, downgradation of APARs by one level in all such cases may not be legally sustainable. Following broad guidelines are laid down in respect of DPC:

 

a) DPCs enjoy full discretion to devise their own methods and procedures for objective assessment of the suitability of candidates who are to be considered by them, including those officers on whom penalty has been imposed as provided in DoPT O.M. dated 10.4.89 and O.M. dated 15.12.2004.

b) The DPC should not be guided merely by the overall grading, if any, that may be recorded in the ACRs/APARs but should make its own assessment on the basis of the entries in the ACRs/APARs as it has been noticed that sometimes the overall grading in a ACR/APAR may be inconsistent with the grading under various parameters or attributes. Before making the overall recommendation after considering the APARs (earlier ACRs) for the relevant years, the DPC should take into account whether the officer has been awarded any major or minor penalty.
(Refer para 6.2.1(e) and para 6.2.3 of DoPT OM dated 10.04.89)

c) In case, the disciplinary/criminal prosecution is in the preliminary stage and the officer is not yet covered under any of the three conditions mentioned in para 2 of DoPT O.M. dated 14.09.1992, the DPC will assess the suitability of the officer and if found fit, the officer will be promoted along with other officers. As provided in this Department’s O.M. dated 02.11.2012, the onus to ensure that only person with unblemished records are considered for promotion and disciplinary proceedings, if any, against any person coming in the zone of consideration are expedited, is that of the administrative Ministry/Department.

d) If the official under consideration is covered under any of the three condition mentioned in para 2 of O.M. dated 14.09.1992, the DPC will assess the suitability of Government servant along with other eligible candidates without taking into consideration the disciplinary case/criminal prosecution pending. The assessment of the DPC including ‘unfit for promotion’ and the grading awarded are kept in a sealed cover. (Para 2.1 of DoPT OM dated 14.9.92).

e) Para 7 of DoPT OM dated 14.09.92 provides that a Government servant, who is recommended for promotion by the DPC, but in whose case, any of the three circumstances on denial of vigilance clearance mentioned in para 2 of ibid O.M. arises after the recommendations of the DPC are received but before he/she is actually promoted, will be considered as if his/her case had been placed in a sealed cover by the DPC. He/she shall not be promoted until he/she is completely exonerated of the charges against him/her.

f) If any penalty is imposed on the Government servant as a result of the disciplinary proceedings or if he/she is found guilty in the criminal prosecution against him/her, the findings of the sealed cover/covers shall not be acted upon. His/her case for promotion may be considered by the next DPC in the normal course and having regard to the penalty imposed on him/her (para 3.1 of DoPT OM dated 14.9.92).

g) In assessing the suitability of the officer on whom a penalty has been imposed, the DPC will take into account the circumstances leading to the imposition of the penalty and decide whether in the light of general service record of the officer and the fact of imposition of penalty, the officer should be considered for promotion. The DPC, after due consideration, has authority to assess the officer as ‘unfit’ for promotion. However, where the DPC considers that despite the penalty the officer is suitable for promotion, the officer will be actually promoted only after the currency of the penalty is over (para 13 of DoPT OM dated 10.4.89).

h) Any proposal for promotion has to be assessed by the DPC, on case to case basis, and the practice of downgradation of APARs (earlier ACRs) by one level in all cases for one time, where a penalty has been imposed in a year included in the assessment matrix or till the date of DPC should be discontinued immediately, being legally non-sustainable.

i) While there is no illegality in denying promotion during the currency of the penalty, denying promotion in such cases after the period of penalty is over would be in violation of the provisions of Article 20 of the Constitution

j) The appointing authorities concerned should review comprehensively the cases of Government servants, whose suitability for promotion to a higher grade has been kept in a sealed cover on the expiry of 6 months from the date of convening the first Departmental Promotion Committee which had adjudged his suitability and kept its findings in the sealed cover. Such a review should be done subsequently also every six months. The review should, inter alia, cover the progress made in the disciplinary proceedings/criminal prosecution and the further measures to be taken to expedite the completion. (Para 4 of O.M. dated 14.09.1992)

k) In cases where the disciplinary case/criminal prosecution against the Government servant is not concluded even after the expiry of two years from the date of the meeting of the first DPC which kept its findings in respect of the Government servant in a sealed cover then subject to condition mentioned in Para 5 of this Department’s O.M. dated 14.09.1992, the appointing authority may consider desirability of giving him ad-hoc promotion (Para 5 of this Department’s O.M. dated 14.09.1992).

 

8. All the administrative authorities in the Ministries/Department are advised to place relevant records, including chargesheet, if any, issued to the officer concerned, penalty imposed, etc., before the DPC/ACC who will decide the suitability of officer for promotion keeping in view the general service records of the officer including the circumstances leading to the imposition of the chargesheet or penalty imposed. If such an officer is found suitable, promotion will be given effect after the currency of the penalty is over.

9. All Ministries/Departments are, therefore, requested to keep in view the above guidelines while convening DPC for promotion of the Government servants on whom either penalty has been imposed or where there are adverse remarks in the reckonable ACRs/APARs.

sd/-
(Mukta Goel)
Director

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/22011_4_2007-Estt.D-28042014.pdf]

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