A complete reference blog for Indian Government Employees

Wednesday 12 November 2014

Central Govt employee opts for a surrogate child – What says CCS (Leave) Rules..?

Central Govt employee opts for a surrogate child – What says CCS (Leave) Rules..?

Can Central Govt Female Employees Opting for Surrogate Pregnancy Claim Maternity Leave?

Parenthood is a gift of god. Thanks to the development in medical sciences, childless couples can now opt for surrogate pregnancies. If women employees of Central Government organizations opt for surrogate pregnancies, can they claim maternity leave?

Women employees of Central Government establishments are given Maternity leave for a period of 180 days and male employees are given Paternity Leave for a period of 15 days if they choose to adopt babies. At present, there is no leave entitlements for parents of the surrogate child.

Let’s see what the Indian medical Research Council has to say about couples who choose to have babies through surrogate mothers.


Surrogacy: General Considerations

A child born through surrogacy must be adopted by the genetic (biological) parents unless they can establish through genetic (DNA) fingerprinting (of which the records will be maintained in the clinic) that the child is theirs.Guidelines for ART Clinics in India ICMR/NAMS

Surrogacy by assisted conception should normally be considered only for patients for whom it would be physically or medically impossible/undesirable to carry a baby to term.

Payments to surrogate mothers should cover all genuine expenses associated with the pregnancy. Documentary evidence of the financial arrangement for surrogacy must be available. The ART centre should not be involved in this monetary aspect.

Advertisements regarding surrogacy should not be made by the ART clinic. The responsibility of finding a surrogate mother, through advertisement or otherwise, should rest with the couple, or a semen bank.

A surrogate mother should not be over 45 years of age. Before accepting a woman as a possible surrogate for a particular couple’s child, the ART clinic must ensure (and put on record) that the woman satisfies all the testable criteria to go through a successful full-term pregnancy.

A relative, a known person, as well as a person unknown to the couple may act as a surrogate mother for the couple. In the case of a relative acting as a surrogate, the relative should belong to the same generation as the women desiring the surrogate.

A prospective surrogate mother must be tested for HIV and shown to be seronegative for this virus just before embryo transfer. She must also provide a written certificate that (a) she has not had a drug intravenously administered into her through a shared syringe, (b) she has not undergone blood transfusion; and (c) she and her husband (to the best of her/his knowledge) has had no extramarital relationship in the last six months.

(This is to ensure that the person would not come up with symptoms of HIV infection during the period of surrogacy.) The prospective surrogate mother must also declare that she will not use drugs intravenously, and not undergo blood transfusion excepting of blood obtained through a certified blood bank.

No woman may act as a surrogate more then thrice in her lifetime

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Memorandum to the 7th Pay Commission by the Comptroller & Auditor General of India

Memorandum to the 7th Pay Commission by the Comptroller & Auditor General of India

Memorandum to theSeventh Pay Commission – Comptroller & Auditor General of India Group ‘B’ and ‘C’ cadres

Comptroller & Auditor General of India (CAG) submitted memorandum to 7th Pay Commission

The Comptroller & Auditor General of India (CAG) is a constitutional authority appointed by the President of India under Article 148 of the Constitution of India. The duties & powers of the CAG are prescribed in the Articles 149-151 of the Constitution of India. The Parliament under Article 149 of the Constitution has enacted the Comptroller & Auditor General’s (Duties, Power and Condition of Service) (CAG’s DPC Act) Act, 1971 replacing the earlier Government of India (Audit & Accounts) Order 1936.

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Central Civil Services (Classification, Control and Appeal) (Second Amendment) Rules, 2014

Central Civil Services (Classification, Control and Appeal) (Second Amendment) Rules, 2014

THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—Sec 3(i)]
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)

NOTIFICATION
New Delhi, the 31st October, 2014

G.S.R. 769(E).- In exercise of the powers conferred by the proviso co article 309 and clause (5) of article 148 of the Constitution, and after consultation with the Comptroller und Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Classification, Control and Appel) rules 1965 namely—

1. (I) These rules may be called the Central Civil Services (Classification, Control and Appeal) (SecondAmendment) Rules, 2014.

(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Civil Services (Classification. Control and Appeal) Rules, 1965 (hereinafter referred to as the said rules)
(a) In rule I5, for sub-rules 2A, 3 and 4, the following sub-rules shall be substituted, namely: —

3) (a) In every case where it ta necessary to consult the Commission, the Disciplinary Authority shall forward or cause to be forwarded to the Commission for its advice:
(i) a copy of the report of the Inquiring Authority together with its own tentative reasons for disagreement, if any, with the findings of Inquiring Authority on any article of charge; and
(ii) comments of Disciplinary Authority on the representation of the Government servant on the Inquiry report and disagreement note, if any and all the cue records of the inquiry proceedings
(b) The Disciplinary Authority shah forward or cause to be forwarded a copy of the advice of the Commission received under clause (a) to the Government savant, who shall be required to submit, if he so desires, his written representation or submission to the Disciplinary Authority within fifteen days, on the advice of the Commission

(4) The Disciplinary Authority shall consider the representation under sub-rule (2) and/ or clause (b) of sub-rule (3), if any, submitted by the Government servant and record its findings before proceeding further in the matter as specified in sub-rules (5) and (6).

(5) If the Disciplinary Authority having regard to its findings on all or any of the articles of charge is of the opinion the any of the penalties specified in clauses (I) to (iv) of rule 11 should be imposed on the Government servant, it shall, notwithstanding anything contained in rule 16, make an order imposing such penalty.

(6) If the Disciplinary Authority having regard to its findings on ail or any of the articles of charge and on the basis of the evidence adduced during the inquiry Is of the opinion that any of the penalties specified in clauses (V) to (ix) of rule 11 should be imposed on the Government servant, it shall make an order imposing such penalty and it shall not be necessary to give the Government savant any opportunity of making representation on the penalty proponed to be imposed.”;
(b) In rule 16,—
(i) in sub-rule (I),-
(A) for the words, brackets and figure “sub-rule (3)”, the words, brackets and figure ‘sub-rule (5)” shall be substituted;
(B) for clauses (d) and (e), the following clauses shah be substituted; namely: —
“(d) Consulting the Commission where such consultation is necessary. The Disciplinary Authority shall forward or cause to be forwarded a copy of the advice of the Commission to the Government servant, who shall be required to submit, if he so desires, his written representation or submission on the advice of the Commission, to the Disciplinary Authority within fifteen days; and
(e) recording a finding on each imputation or misconduct or misbehavior.”
(ii) in sub-rule (2) for clauses (vi) and (vii), the following clauses shall be substituted,
“(vi) representation, if any, of the Government servant on the advice of the Commission:
(vii) the findings on each imputation of misconduct or misbehavior; and
(viii) the orders on the case together with the reasons therefor.;
(C) In rule 17, the words “and also a copy of the advice, if any, given by the Commission,” shall be deleted;

(d) In rule 19, in the second proviso, after the words “where such consultation ta necessary”, the words “and the Government servant has been given an opportunity of representing against the advice of the Commission.” shall be added;.

(e) In rule 27, in sub-rule (2), in the proviso, in clause (i) alter the words “where such consultation is necessary” the words “and the government servant has been given an opportunity of representing against the advice of the Commission,” shall be added:

(f) In rule 29, in sub-ruIe (1) in the first proviso, after the words “where such consultation is necessary”. the words“ and the Government servant has been given an opportunity of representing against the advice of the Commission shall be added:

(g) In rule 29-A, in the proviso, after the words “where such consultation is necessary”, the words “and the Government servant has been given an opportunity of representing against the advice of the Commission.” shall be added;

(h) In rule 32 shall be omitted.
[F. No. 11012/8/2011-Estt.(A)]
MAMTA KUNDRA, Jt. Secy.
Source: www.persmin.gov.in
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7th CPC News: Commission visit to Hyderabad from 18th to 20th November, 2014

7th Pay Commission visit to Hyderabad from 18th to 20th November, 2014  
 Commission’s visit to Hyderabad
The Commission, headed by its Chairman, Justice Shri A. K. Mathur, proposes to visit Hyderabad from 18th to 20th November, 2014. The Commission would like to invite various entities/associations/federations representing any/all categories of employees covered by the terms of reference of the Commission to present their views.

Your request for a meeting with the Commission may be sent through e-mail to the Secretary, 7th Central Pay Commission at secy-7cpc@nic.in. The memorandum already submitted by the requesting entity may also be sent as an attachment with this e-mail.

The last date for receiving request for meeting is 17th Nov. 2014 (1700 hours).

Source: http://7cpc.india.gov.in/news06.html
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Parity between Assistant, SO of Ordnance Factory and CSS/CSSS Pay Scale: Judgement by HC citing "Equal pay for Equal Work"


delhi+high+court+decision+ordnance+factory

Parity between Assistant, SO of Ordnance Factory and CSS/CSSS Pay Scale: Landmark Judgement by HC citing "Equal pay for Equal Work".  Text of Hindustan Times News reproduced below:-
New pay scale benefits for ordnance staff too: HC
UNIFORMITY Citing ‘equal pay for equal work’ principle, Delhi High Court tells Centre to grant pay parity to ordnance factory employees

Employees at Ordnance Factories (OF) – who have been contesting their omission from the benefits of the sixth pay commission for over seven years have finally more than one reason to rejoice.
Reining in the principle of ‘equal pay for equal work’ at public offices, the Delhi High Court has directed the Centre to grant pay parity to employees in the OF with that of identically ranked official in the Central Secretariat Service (CSS) and Central Secretariat Stenographer’s Service (CSSS).
The direction will be applied retrospectively from 2006 — when the sixth CPC was implemented. Not only this, the HC order will come in handy for the employees of the OF when the seventh central pay commission is implemented.
The HC order came in response to a petition filed by Ordnance Factory Employees Association challenging the decision of the finance ministry declining their request for the assistants working in the OF Board to be given same pay scale as was given to similarly placed officials in CSS, CSSS, Ar my Headquarters, UPSC and other services.
The starting point of discrimination against the employees of the OF Board came soon before the acceptance of recommendation of the sixth CPC when a pay upgradation of employees of CSS and CSSS was made in September 2006.
While the OFs and Armed Forces Head Quarters (AFHQs) — both non-secretariat organization — were excluded from the pay upgradation, the latter took the matter to the Central Administrative Tribunal (CAT) and got an order in its favour.
In the case of OF Board, the central government took the view that since it was a nonattached office working outside the Secretariat, there cannot be parity of pay scales. The OF Board was denied benefit of upgradation and the replacement scales given by the sixth CPC. The CAT, too, took a similar stand and denied any relief to the OF Board.
The matter finally reached the Delhi HC last year and after over a year of deliberation a bench of Justice S Ravindra Bhat and Justice Vipin Sanghi termed the discrimination meted out to the OF Board as “over-classification.”
The HC said the discrimination was illogical and artificial. It also took note that the cadre structure of CSS and CSSS is identical to that of the OF. In all the above organisations, the cadre of upper divisional clerks (UDCs) is filled by the feeder of the cadre of the lower divisional clerks (LDCs).
The cadre of assistants on the OF Board is filled by promotion from the feeder cadre of UDCs with at least five years of experience on regular basis.
“The OF Board was treated historically as equals to CSS/CSSS employees and enjoyed equal pay and all benefits flowing from equal pay,” the high court noted adding, “This was based on the previous four instances of determinations by successive pay commissions that they performed equal work.”
Source Image provided by http://aiamshq.blogspot.in/2014/11/blog-post.html

Click here to view full judgement

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