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Monday, 20 June 2016

More delay in OROP, as government gives 6 month extension to panel

More delay in OROP, as government gives 6 month extension to panel

OROP-Scheme


The tenure of the committee formed on implementation of One Rank One Pension (OROP) scheme has been extended by six months upto the middle of December this year.

The government recently amended the gazette notification issued last year under which the committee headed by former Chief Justice of Patna High Court Justice (Retd) L Narasimha Reddy was scheduled to submit its report by June 14.

With the extension, the implementation of OROP may take more time as the panel can submit its report by December 14, official sources said.

The government had announced implementation of OROP on November 7, 2015 to benefit over 25 lakh ex-servicemen and war widows. The OROP mandates payment of uniform pension to the armed forces personnel retiring in the same rank with the same length of service, regardless of their date of retirement, which implies that bridging the gap between the rate of pension of current and past pensioners at periodic intervals.

The other Terms of Reference of the Committee will continue which include measures for the removal of anomalies that may arise in the implementation of the OROP as notified by the government.

The panel is also looking into the measures for the removal of anomalies that may arise out of inter-services issues of the three forces due to implementation of OROP besides implications on service matters.
The Committee is examining all other matter referred to it by the central government on implementation of the OROP or related issues.

In making its recommendations, the Committee shall take into account the financial impact of its recommendations, as per its Terms of Reference.

The panel, if necessary, may give interim reports to the government on any of the matters related to its terms of reference.

PTI
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Introduction of single window system for acceptance of proposals for framing/amendment of Recruitment Rules

No. AB-14017/10/2016-Estt(RR)
Government of India
Ministry of Personnel P.G.& Pensions
Department of Personnel & Training
***
North Block, New Delhi
Dated: 6th June, 2016
OFFICE MEMORANDUM

Subject: Introduction of single window system for acceptance of proposals for framing/amendment of Recruitment Rules.

The Department of Personnel & Training is considering to introduce a Single Window System to examine the proposals relating to framing/amendment of Recruitment Rules which would help in reducing the time cycle in finalization of proposals relating to RRs and to streamline the processes involved.

2. Further, this Department has also developed an additional feature in the existing on-line system namely Recruitment Rules  Formulation, Amendment & Monitoring System(RRFAMS), which is a web based information system for imparting information regarding_status-of-proposals of_Recruitment Rules received in DoPT. This would enable the Ministries and Departments to get an update on the current status of their proposal relating to framing/amendments of Recruitment Rules referred to DoP&T. A Draft OM to this effect is annexed herewith.

3. Ministries/Departrnents are, therefore, requested to send their comments to dire1-dopt@nic.in on the proposed O.M. positively by 27.6.2016.
(G. Jayanthi)
Director (E-1)
To,
NIC, DoPT for uploading on Department’s website.

F.NO.AB-14017/10/2016-Estt.RR(3123439)
Government of India
Ministry of Personnel, Public Grievance and Pensions
Department of Personnel and Training
Establishment-I Division
North Block
New Delhi the 2016.
Office Memorandum

Sub: Introduction of single window system for acceptance of proposals for framing/amendment of recruitment rules.
In order to reduce the time cycle in finalisation of proposal relating to framing/amendment of RRs and to streamline the processes involved, it has been decided that henceforth all proposals for framing/amendment of Recruitment Rules (RRs) will be received under single window system.

2. The proposals shall be submitted under the Single Window System on Tuesdays and Thursdays of every week between 10.00 AM to 12.00 Noon. The concerned Under Secretaries of the Administrative Ministry/Department shall attend a meeting with the officers concerned in RR Division of DoP&T on the
scheduled day and time. In case the concerned Nodal Officers are not attending office, then the link officer will receive the proposals. The Ministries/Departments may ensure that all the points indicated in the checklist are fulfilled. A copy of the checklist is enclosed at Annexure-I. The work allocation of RR Division of this Department among the three Units including contact details is enclosed at Annexure-II.

3. Only those proposals which are fulfilling all the requirements of the checklist will be processed for providing comments/approvals.

4. This Department has developed a Web-Based Information System so as to enable the Ministries and Departments to know the current status of consideration /disposal of proposals relating to framing/amendment of Recruitment Rules and Search-cum-Selection Committee. The Departments are requested to visit the website of DoP&T for ascertaining the status of consideration of proposal. The meeting, if any, fixed by the Department of Personnel & Training to discuss regarding the proposals will also be informed through the system. The Ministries/Departments may continue to follow all the existing instructions on the subject, including consultation with UPSC and Legislative Department.
(Jayanthi G.)
Director(E.I)
Tel: 23092479
To
All the Ministries and Departments.
DoPT Circular
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Filling up the post of General Manager (Haryana Region), Food Corporation of India, Panchkula under the Department of Food & Public Distribution

F. No. 9/2/2015-EO(MM-II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
the 17th June, 2016
To,
1. The Chief Secretaries
All State Governments,
2. All Secretaries

Ministries/Departments of Government of India

Subject: Filling up the post of General Manager (Haryana Region), Food Corporation of India, Panchkula under the Department of Food & Public Distribution. 

Sir/Madam,
This is regarding filling up the post of General Manager (Haryana Region), Food Corporation of India, Panchkula under the Department of Food & Public Distribution on deputation basis.

2. Officers of the rank of Deputy Secretary/Director of the Government of India or equivalent level, eligible for appointment under Central Staffing Scheme are eligible for the post. The period of deputation is 4/5 years for Deputy Secretary/Director respectively.

3. The post may be circulated amongst officers eligible to be appointed at Deputy Secretary/Director level or equivalent level in the Government of India on priority basis. Names of willing and eligible officers who can be spared by the State  Governments/Ministries/Departments may be forwarded to the Department along with cadre clearance, vigilance clearance, detailed bio-data in the enclosed proforma and CR Dossiers for the last five years. For officers working in the cadre, it may also be ensured that the ‘Cooling off’, after a previous stint on deputation, if any, is completed and the officer is eligible for appointment on Central Deputation as per extant instructions.

4. It is requested that the application(s) of the eligible candidate(s) may please be forwarded so as to reach this Department within one month from the date of issue of this circular.
Yours faithfully,
(J.Srinivasan)
Deputy Secretary (MM)
DoPT Circular
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Periodical review of performance of Government Servants as per provisions of FR 56(J) and Rule 48(1) of CCS (Pension) Rules 1972

Periodical review of performance of Government Servants as per provisions of FR 56(J) and Rule 48(1) of CCS (Pension) Rules 1972

CONTROLLER GENERAL OF DEFENCE ACCOUNTS
ULAN BATAR ROAD, PALAM DELHI CANTT-10
Date: 17-06-2016

Subject: Periodical review of performance of Government Servants as per provisions of FR 56(J) and Rule 48(1) of CCS (Pension) Rules 1972

A copy of MOD, D(lab) Branch ID No.26(1)/2015-d(Lab) dated 30.05.2016 on the above subject is enclosed herewith for compliance.

2. It is requested that compliance and action taken report may be sent to this office by 3rd of every month positively so that consolidated report may be submitted to Ministry in time.
Sd/-



IMPORTANT
MOST IMMEDIATE
GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
D(LAB) BRANCH

Subject: Periodical review of performance of Government servants as per the provision of FR 56(J) and Rule 48(1) of CCS (Pension) Rules, 1972.

A consolidated instructions based on DoP&T’s guidelines on the above subject is enclosed herewith for circulation amongst the all cadre controlling authorities in MoD and Organisations/Lower formations of MoD for urgent action. It is requested that compliance and action taken report in this regard may be sent to this Ministry Positively by first of week of every month.

Enclos: as above
(Anil Kumar)
Deputy Secretary to the Govt. of India
Telefax: 23011681

CONSOLIDATED INSTRUCTIONS FOR
CARRYING OUT PERIODICAL REVIEW OF THE CASES OF GOVERNMENT SERVANTS AS REQUIRED UNDER FR 56(J)/FR56(I)/RULE 48(1)(6) OF CCS (PENSION) RULES, 1972.

Various instructions issued by the Government from time-to-time on the subject deal with compulsory retirement under the above mentioned provisions.

2. The Supreme court has observed in the state of Gujarart Vs.Umedbhai M.Patel, 2001(3)SCC 314,as follows:
(i) whenever the services of a public servant are no longer useful to the general administration, the officer can be compulsorily retired for the sake of public interest.
(ii) Ordinarily, the order of compulsory retirement is not to be treated as a punishment coming under Article 311 of the Constitution.
(iii) “For better administration, it is necessary to chop off dead wood, but the order of compulsory retirement can be passed after having due regard to the entire service record of the officer.”
(iv) Any adverse entries made in the confidential record shall be taken note of and be given due weightage in passing such order.
(v) Even un-communicated entries in the confidential record can also be taken into consideration.
(vi) The order of compulsory retirement shall not be passed as a short cut to avoid Departmental enquiry when such course is more desirable.
(vii) If the officer was given a promotion despite adverse entries made in the confidential record that is a fact in favour of the officer.
(viii) Compulsory retirement shall not be imposed as a punitive measure.

3. Accordingly, DOP&T has issued instructions vide their OM, dated 21.03.2014, 11.09.2015, 01.03.2016 for review & monitoring regularly such cases under FR 56(J) FR56(I)/RULE 48(1)(6) OF CCS (PENSION) RULES, 1972, by all the offices under the central government and sending the reports periodically.

4. The following procedures may be adopted for carrying out the Review:-
(i) Review of services of Government Servants at all levels (Group A,b (Gazetted/Non-Gazetted) & Group C including erstwhile Group D) on their attaining of age of 50/55 years or completion of 30 years of qualifying service whichever occurs earlier. Those who have already attained the age/qualifying service but have not been reviewed, should also be covered under this exercise except if they are retiring within one year on attaining the age of superannuation.

(ii) The respective Review Committee(s) should be constituted to adjudge the suitability of the Government Servant based on his/her past service and recommend for the retention or compulsory retirement.
(iii) the Internal Committees should also be constituted for each level to assist the Review Committees. The Internal Committees will screen/assess the entire service record of eligible government servants and place their findings before the respective screening committees to take a final view in the matter.
(iv) Secretaries of the Cadre Controlling Authorities/HODs will constitute Review Committees and Internal Committees consisting of TWO (02) Members at appropriate level. the approval of Defence Secretary for constitution of Review Committee/Internal committee, if required,may be processed through the Admn. Wing in MoD. Guidelines for constitution of Review committees are given at Annexure.
(Ref: DOPT’s O.M.No.25013/01/2013-Estt.A-1-IV, dated 11.09.15)

5. SCHEDULE FOR PERIODICAL REVIEW (TO BE INITIATED 6 MONTHS BEFORE DUE)
(i) the cases should be reviewed six months before he/she attains the age of 50/55 years, in cases covered by FR 56(J) and on completion of 30 years of qualifying service under FR 56(I)/Rule 48 of CCS (Pension) Rules, 1972 as per the following calendar:
Quarter in which review is to be made Cases of employees who will be attaining the age of 50/55 years or completing 30 years of service qualifying for pension

January to March July to September of the same year
April to June October to December of the same year
July to September January to March of the next year
October to December April to June of the next year


(ii) The Internal Committees will ensure that the service records of the employees being reviewed, along with a summary bringing out all relevant information, is submitted to the cadre authorities at least three months before the due date of review. However, no recommendation about retention or otherwise would be given by the Internal committee. Only views/comments/findings on each case may be given.

6. GENERAL GUIDELINES FOR REVIEW:-
(i) Doubtful Integrity: The officer would live by reputation built around him. If in any appropriate case, there may not be sufficient evidence to take punitive disciplinary action of removal from service. But his/her conduct and reputation is such that his/her continuance in service would be a menace to public service and injurious to public interest. Integrity of an employee, actions or decisions taken by the employee which do not appear to be above board, complaints received against him/her, or suspicious property transactions, for which there may not be sufficient evidence to initiate departmental proceedings, but such property transactions which give rise to suspicion about the bonafides of a government servant, may be taken into account. Acquiring large assets and getting money from subordinates can also be taken into consideration.
(ii) Government employees who are found to be ineffective will also be retired. The basic consideration in identifying such employee should be the fitness/competence of the employee to continue in the post which he/she is holding.
(iii) whenever the services of public servant are no longer useful to the general administration, the officer can be compulsorily retired for the sake of public interest.
(iv) For better administration, it is necessary to chop off dead wood, but the order of compulsory retirement can be passed after having due regard to the entire service record of the officer.
(v) Any adverse entries made in the confidential record or even uncommunicated remarks in the ACRs/APARs shall be taken note of and be given due weightage.
(vi) Even un-communicated entries in the confidential record can also be taken into consideration.
(vii) The order of compulsory retirement shall NOT be passed as a short cut to avoid Departmental enquiry when such course is more desirable.
(viii) If the officer was given a promotion despite adverse entries made in the confidential record that is a fact in favour of the officer.
(ix) In every review, the entire service records should be considered. the expression service record will take in all relevant records and hence the review should not be confined only to the consideration of the ACR/APAR dossier. the personal file of the officer may contain valuable material. similarly, the work and performance of the officer could also be assessed by looking into files dealt with by him or in any papers or reports prepared and submitted by him. Even uncommunicated remarks in the ACRS/APARS may be taken into consideration.
(X) Reports of conduct unbecoming of a Government servant that obstructs the efficiency in public services may also form basis for compulsory retirement. (for example: unauthorized proceeding on leave/failures in timely submission of IPR, criminal case/charges etc.)
(xi) while the entire service record of an officer should be considered at the time of review, no employee should ordinarily be retired on grounds of ineffectiveness if his/her service during the preceding 5 years or where he/she has been promoted to a higher post during that 5 year period, his/her service in the highest post, has been found satisfactory. It would be useful if all the data available about the officers are put together and a comprehensive brief is prepared by the Internal committee for consideration by the Review committee.
(xii) In the case of those officers who have been promoted during the last five years. the previous entries in the ACRs may be taken into account if the officer was promoted on the basis of seniority cum fitness, and not on the basis of merit.
(xiii) Ordinarily, no employee should be retired on grounds of ineffectiveness if he is retiring on superannuation within a period of one year from the date of consideration of the case. it is, however, clarified that in a case where there is a sudden and steep fall in the competence, efficiency or effectiveness of an officer, it would be open to review his case for premature retirement.
(xiv) compulsory retirement shall not be imposed as a punitive measure. Ordinarily, the order of compulsory retirement is not to be treated as a punishment coming under Article 311 of the constitution.
(xv) The supreme court had not only upheld the validity of FR 56(j) but also held that no show-cause notice need be issued to any government servant before a notice of retirement is issued.
(xvi) However, a Notice of three Months or three months pay & allowances in lieu thereof, for compulsory retirement, may be given.
(xvii) The appropriate authority defined in Note 1 below FR 56 should bonafide form an opinion that is in the public interest to retire the government servant in exercise of the powers conferred by that provision and this decision should not be an arbitrary decision or should not be based on collateral grounds.

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