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Monday 8 June 2020

Preventive measures to be taken to contain the spread of Novel Coronavirus (COVID-19) - Attendance

Latest DoPT Orders 2020

F.No.11013/9/2014-Estt. A.III
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi
Dated the 5th June, 2020

OFFICE MEMORANDUM

Subject: Preventive measures to be taken to contain the spread of Novel Coronavirus (COVID-19) – Attendance regarding.

The undersigned is directed to refer to OM of even number dated the 17th March, 2020, 18th May, 2020 and 19th May, 2020 whereby advisory for well-being of Government employees and attendance in Government offices with staggered timings were issued by Department of Personnel & Training (DoPT).

Also check: Daily attendance is being sought by DoPT telaphonically, officers are requested to convey attendance by 11 am

2. Kind attention is also drawn to Ministry of Home Affairs’ Order dated 30.05.2020 whereby ‘Additional Directives for Work Places’ have been prescribed. Further, the Ministry of Health & Family Welfare (MoH&FW) on 4th June, 2020 has issued Standard Operating Procedure on preventive measures to contain spread of COVID-19 in workplace settings (copy enclosed).

3. It is emphasized that strict adherence to the practices of social distancing norms and health & hygiene practices, as enunciated in these guidelines, is of paramount importance and the Government servants as responsible employees should abide by these practices so that the Government offices function in the most efficient manner in the given situation. All the Ministries / Departments/offices as well as the Central Government employees are, therefore, directed to ensure strict compliance of instructions issued by DoPT as well as MHA and MoH&FW.

(Umesh Kumar Bhatra)
Deputy Secretary to the Govt. of India
4th June, 2020

Government of IndiaMinistry of Health & Family Welfare
SOP on preventive measures to contain spread of COVID-19 in offices

1. Background
Offices and other workplaces are relatively close settings, with shared spaces like work stations, corridors, elevators & stairs, parking places, cafeteria, meeting rooms and conference halls etc. and COVID-19 infection can spread relatively fast among officials, staffs and visitors.
There is a need to prevent spread of infection and to respond in a timely and effective manner in case suspect case of COVID-19 is detected in these settings, so as to limit the spread of infection.

2. Scope
This document outlines the preventive and response measures to be observed to contain the spread of COVID-19 in office settings. The document is divided into the following sub-sections
(i) Generic preventive measures to be followed at all times
(ii) Measures specific to offices
(iii) Measures to be taken on occurrence of case(s)
(iv) Disinfection procedures to be implemented in case of occurrence of suspect / confirmed case.

Offices in containment zones shall remain closed except for medical & essential sevices. Only those outside containment zones will be allowed to open up.

3. Generic preventive measures
Persons above 65 years of age, persons with comorbidities, pregnant women are advised to stay at home, except for essential and health purposes. Office management to facilitate the process.
The generic preventive measures include simple public health measures that are to be followed to reduce the risk of infection with COVID-19. These measures need to be observed by all (employees and visitors) at all times. These include:

i. Individuals must maintain a minimum distance of 6 feet in public places as far as feasible.
ii. Use of face covers/masks to be mandatory.
iii. Practice frequent hand washing with soap (for at least 40-60 seconds) even when hands are not visibly dirty. Use of alcohol-based hand sanitizers (for at least 20 seconds) can be made wherever feasible.
iv. Respiratory etiquettes to be strictly followed. This involves strict practice of covering one’s mouth and nose while coughing/sneezing with a tissue / handkerchief / flexed elbow and disposing off used tissues properly.
v. Self-monitoring of health by all and reporting any illness at the earliest to the immediate supervisory officer.
vi. Spitting shall be strictly prohibited.
vii. Installation & use of Aarogya Setu App by employees.

4. Specific preventive measures for offices:

i. Entrance to have mandatory hand hygiene (sanitizes dispenser) and thermal screening provisions.

ii. Only asymptomatic staff/visitors shall be allowed.

iii. Any officer and staff residing in containment zone should inform the same to supervisory officer and not attend the office till containment zone is denotified. Such staff should be permitted to work from home and it will not be counted as leave period.

iv. Drivers shall maintain social distancing and shall follow required dos and don’ts related to COVID-19. It shall be ensured by the service providers/ officers/ staff that drivers residing in containment zones shall not be allowed to drive vehicles.

v. There shall be provision for disinfection of the interior of the vehicle using 1% sodium hypochlorite solution/ spray. A proper disinfection of steering, door handles, keys, etc. should be taken up.

vi. Advise all employees who are at higher risk i.e. older employees, pregnant employees and employees who have underlying medical conditions, to take extra precautions. They should preferably not be exposed to any front-line work requiring direct contact with the public. Office management to facilitate work from home wherever feasible.
vii. All officers and staff / visitors to be allowed entry only if using face cover/masks. The face cover/mask has to be worn at all times inside the office premises.
viii. Routine issue of visitors/ temporary passes should be suspended and visitors with proper permission of the officer who they want to meet, should be allowed after being properly screened.
ix. Meetings, as far as feasible, should be done through video conferencing.
x. Posters/ standees/ AV media on preventive measures about COVID-19 to be displayed prominently.

xi. Staggering of office hours, lunch hours/coffee breaks to be done, as far as feasible.

xii. Proper crowd management in the parking lots and outside the premises – duly following social distancing norms be ensured.
xiii. Valet parking, if available, shall be operational with operating staff wearing face covers/ masks and gloves as appropriate. A proper disinfection of steering, door handles, keys, etc. of vehicles should be taken up.

xiv. Any shops, stalls, cafeteria etc., outside and within the office premises shall follow social distancing norms at all times.

xv. Specific markings may be made with sufficient distance to manage the queue and ensure social distancing in the premises.

xvi. Preferably separate entry and exit for officers, staff and visitors shall be organised.

xvii. Proper cleaning and frequent sanitization of the workplace, particularly of the frequently touched surfaces must be ensured.

xviii. Ensure regular supply of hand sanitisers, soap and running water in the washrooms.

xix. Required precautions while handling supplies, inventories and goods in the office shall be ensured.

xx. Seating arrangement to be made in such a way that adequate social distancing is maintained.

xxi. Number of people in the elevators shall be restricted, duly maintaining social distancing norms.

xxii. For air-conditioning/ventilation, the guidelines of CPWD shall be followed which inter alia emphasises that the temperature setting of all air conditioning devices should be in the range of 24-30°C, relative humidity should be in the range of 40¬70%, intake of fresh air should be as much as possible and cross ventilation should be adequate.

xxiii. Large gatherings continue to remain prohibited.

xxiv. Effective and frequent sanitation within the premises shall be maintained with particular focus on lavatories, drinking and hand washing stations/areas.

xxv. Cleaning and regular disinfection (using 1% sodium hypochlorite) of frequently touched surfaces (door knobs, elevator buttons, hand rails, benches, washroom fixtures, etc.) shall be done in office premises and in common areas

xxvi. Proper disposal of face covers / masks / gloves left over by visitors and/or employees shall be ensured.

xxvii. In the cafeteria/canteen/dining halls:
a.Adequate crowd and queue management to be ensured to ensure social distancing norms.
b. Staff / waiters to wear mask and hand gloves and take other required precautionary measures.
c.The seating arrangement to ensure a distance of at least 1 meter between patrons as far as feasible.
d. In the kitchen, the staff to follow social distancing norms.

5. Measures to be taken on occurrence of case(s):
Despite taking the above measures, the occurrence of cases among the employees working in the office cannot be ruled out. The following measures will be taken in such circumstances:

i. When one or few person(s) who share a room/close office space is/are found to be suffering from symptoms suggestive of COVID-19:
  • Place the ill person in a room or area where they are isolated from others at the workplace. Provide a mask/face cover till such time he/she is examined by a doctor.
  • Immediately inform the nearest medical facility (hospital/clinic) or call the state or district helpline.
  • A risk assessment will be undertaken by the designated public health authority (district RRT/treating physician) and accordingly further advice shall be made regarding management of case, his/her contacts and need for disinfection.
  • The suspect case if reporting very mild/mild symptoms on assessment by the health authorities would be placed under home isolation.
  • Suspect case, if assessed by health authorities as moderate to severe, will be treated as per health protocol in appropriate health facility.
  • The rapid response team of the concerned district shall be requisitioned and will undertake the listing of contacts.
  • The necessary actions for contact tracing and disinfection of work place will start once the report of the patient is received as positive. The report will be expedited for this purpose.
ii. If there are large numbers of contacts from a pre-symptomatic / asymptomatic case, there could be a possibility of a cluster emerging in workplace setting. Due to the close environment in workplace settings this could even be a large cluster (>15 cases). The essential principles of risk assessment, isolation, and quarantine of contacts, case referral and management will remain the same. However, the scale of arrangements will be higher.

iii. Management of contacts:
  • The contacts will be categorised into high and low risk contacts by the District RRTas detailed in the Annexure I.
  • The high-risk exposure contacts shall be quarantined for 14 days.
  • These persons shall undergo testing as per ICMR protocol.
  • The low risk exposure contacts shall continue to work and closely monitor their health for next 14 days.
  • The flowchart for management of contact/ cases is placed at Annexure – II.
6. Closure of workplace
i. If there are one or two cases reported, the disinfection procedure will be limited to places/areas visited by the patient in past 48 hrs. There is no need to close the entire office building/halt work in other areas of the office and work can be resumed after disinfection as per laid down protocol.
ii. However, if there is a larger outbreak, the building/block will have to be closed for 48 hours after thorough disinfection. All the staff will work from home, till the building/block is adequately disinfected and is declared fit for re-occupation.

7. Disinfection Procedures in Offices
Detailed guidelines on the disinfection as already issued by Ministry of Health & Family Welfare as available on their website shall be followed.

Annexure I

Risk profiling of contacts
Contacts are persons who have been exposed to a confirmed case anytime between 2 days prior to onset of symptoms (in the positive case) and the date of isolation (or maximum 14 days after the symptom onset in the case).

High-risk contact
  • Touched body fluids of the patient (respiratory tract secretions, blood, vomit, saliva, urine, faeces; e.g. being coughed on, touching used paper tissues with a bare hand)
  • Had direct physical contact with the body of the patient including physical examination without PPE
  • Touched or cleaned the linens, clothes, or dishes of the patient.
  • Lives in the same household as the patient.
  • Anyone in close proximity (within 1 meter) of the confirmed case without precautions.
  • Passengers in close proximity (within 1 meter) in a conveyance with a symptomatic person who later tested positive for COVID-19 for more than 6 hours.
Low-risk contact
  • Shared the same space (worked in same room/similar) but not having a high-risk exposure to confirmed case of COVID-19.
  • Travelled in same environment (bus/train/flight/any mode of transit) but not having a high-risk exposure.
Central Government employees and attendance in Government offices with staggered timings 

DoPT order
Source: DoPT

Central Government Employees News, CGE LATEST NEWS, Dopt, DoPT 2020, DOPT ORDERS, Govt employees attendance, Latest DoPT Orders 2020, Recent govt orders
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Grant of annual increment due on 1st July to the employees retiring on 30th June of the year

A person who retires on the last working day would not be entitled for any increment falling due on the next day and payable next day thereafter, because he would not answer the tests in these Rules
File No.PC-VI/2018/ R-I/1 -Part(1)
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
NO. PC V1 / 2018/R-I/1 Pt.

 Grant of annual increment due on 1st July retiring on 30th June of the year
New Delhi, dated 21.05.2020

The General Manager
All Indian Railways and Production Units
(As per standard mailing list)

Sub: Grant of annual increment due on 1st July to the employees retiring on 30th June of the year

A number of representations are being received in this office seeking grant of one notional increment as due on 1st July in favour of employee retiring on 30th June before drawing the same, exclusively for the purpose of pensionary benefits.

Also check: 7th Pay Commission Annual Increment

2. As the Railways are aware, the annual increment is granted to railway employees on completion of laid down qualifying service for the purpose. Based on the recommendations of the Sixth Central Pay Commission, as accepted by the Government of India, Railway Services (Revised Pay) Rules, 2008 were notified on the lines of Central Civil Services (Revised Pay) Rules, 2008. As per Rule 10 of above Rules, it was stipulated that there will be a uniform date of annual increment, viz. 1st July of every year and the employees completing 6 months and above in the revised pay structure as on 1 of July will be eligible to be granted the increment. There has been no change in the above rule / extant policy so as to enable grant of increment (notional or actual) on 30th June, where it was due on the following 1st July.

3. In the various representations being received in this office, certain Judgments in the case of Shri Ayyamperumal, an employee of Department of Revenue are being cited. As the details of above court matter and policy decision of concerned nodal departments were not available in this office, the matter was referred to concerned departments of Government of India seeking their advice / guidelines.

4. DOP&T vide their O.M dated 11.11.2019 have stated that the Judgment passed in the case of Shri P. Ayyamperumal is in personam. Further, the judgment pronounced by Hon’ble High Court of Madras in P. Ayyamperumal case, as endorsed by Hon’ble Supreme Court, is based on the decision in the case of M. Balasubramaniam, which was related to Fundamental Rules of State Govt. However Central Government employees are governed by Central Government Rules. Further, Hon’ble High Court of Andhra Pradesh at Hyderabad in C. Subbarao case has inter-alia observed that “A person who retires on the last working day would not be entitled for any increment falling due on the next day and payable next day thereafter, because he would not answer the tests in these Rules.” A copy of DOP&T O.M dated 11.11.2019 is enclosed herewith.

5. The Railways are therefore advised to take further necessary action to dispose off the pending representations on the issue based on above position and advice of DOP&T. The pending court cases may also be defended accordingly. Further, in case any clarification / inputs are required relating to railway Fundamental Rules and Railway Pension Rules, Finance (Estt.) dte. may also please be consulted being the nodal directorate on these aspects. This issues with the approval of DG/HR, Railway Board.

DA: As above

(U. K. Tiwari)
Joint Director, Pay Commission
Railway Board

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Appeal to unfreeze the DA/DR is dismissed by Delhi High Court Order


Delhi high court order on dearness allowance
Appeal to unfreeze the DA/DR is dismissed by Delhi High Court Order

IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 3308/2020
HITESH BHARDWAJ ….. Petitioner
Through: Dr. Pradeep Sharma with Mr. Harsh,
Advs.
versus
MINISTRY OF FINANCE, UNION OF INDIA AND ANR
….. Respondent
Through: Mr. Jasmeet Singh, CGSC.
Ms. Shobhana Takiar, ASC, GNCTD.

freezing-of-da-and-dr-delhi-high-court-judgement-01-06-2020.

CORAM
HON’BLE MR. JUSTICE VIPIN SANGHI
HON’BLE MR. JUSTICE RAJNISH BHATNAGAR


O R D E R

01.06.2020
CM APPL. 11606/2020
Exemption allowed, subject to all just exceptions.
The Court fees be paid within a week.
The application stands disposed of.

W.P.(C) 3308/2020

The present writ petition has been preferred in public interest seeking following reliefs:

a) Issue a Writ of Mandamus or any other appropriate Writ, order or direction to the Respondents to withdraw the notification issued by the Ministry of Finance, Government of India

b) Issue a Writ of Mandamus or any other appropriate Writ, order or direction to the Respondents to withdraw the endorsement against the notification, issued by the Ministry of Finance, Government of NCT of Delhi.


c) Issue a Writ of Mandamus or any other appropriate Writ, order or direction to the Respondents to defreeze and release the enhanced Dearness Allowance to the Central Government Servants and pensioners as per norms.


d) Issue a Writ of Mandamus or any other appropriate Writ, order or direction to the Respondents to defreeze and release the enhanced Dearness Allowance to the Government Servants and pensioners of GNCTD as per norms.”

 
The respondent no. 1/Union of India issued an Office Memorandum dated 23.04.2020 which is the cause for the petitioner’s grievance in the present writ petition. The said Office Memorandum reads as follows:

Freezing of Dearness Allowance to Central Government employees and Dearness Relief to Central Government pensioners at current rates till July 2021.

The petitioner is also aggrieved by the consequent order issued by respondent no. 2/GNCTD dated 24.04.2020, whereby the GNCTD has followed suit in terms of the Office Memorandum dated 23.04.2020 issued by respondent no. 1. The Office Memorandum dated 23.04.2020, in effect, conveys the decision of the Central Government that Dearness Allowance due to the Central Government Employees and Dearness Relief due to the Central Government Pensioners from 01.01.2020 shall not be paid. It also states that additional installment of the Dearness Allowance and Dearness Relief due from 01.07.2020 and 01.01.2021 shall also not be paid. Pertinently, Dearness Allowance and Dearness Relief at the current rates would continue to be paid. The said Office Memorandum further states that as and when the decision to release future installment of Dearness Allowance and Dearness Relief due from 01.07.2021 is taken by the Government, rates of the Dearness Allowance and Dearness Relief as effective from 01.01.2020, 01.07.2020 and 01.07.2021 will be restored prospectively, and will be subsumed in the cumulative revised rate effective from 01.07.2020. No arrears from the period 01.01.2020 till 30.06.2021 shall be paid.

The first submission of the petitioner is that Central Government Employees and Central Government Pensioners have a vested right to receive the enhanced Dearness Allowance/ Dearness Relief which has already been declared effective from 01.01.2020. The said increase was declared at 4%. The petitioner also claims that such employees and pensioners also have vested right to continue to receive enhancement in Dearness Allowance/ Dearness Relief on and from 01.07.2020 and 01.01.2021.

To examine the merit of this submission, we may refer to the All India Services (Dearness Allowance) Rules, 1972. These statutory rules have been framed by the Central Government after consultation with the Government of the States concerned in exercise of powers conferred by SubSection (1) of Section 3 of All India Services Act,1952. Rule 3 of the said Rule is relevant and which reads as follows:
“3. Regulation of dearness allowance:
Every member of the Service and every officer, whose initial pay is fixed in accordance with sub-rule (5) or sub-rule (6A) of rule 4 of the Indian Administrative Service (Pay) Rules, 1954 or sub-rule (5) of rule 4 of the Indian Police Service (Pay) Rules, 1954 or sub-rule (6) of rule 4 of the Indian Forest Service (Pay) Rules, 1968, shall be entitled to draw dearness allowance at such rates, and subject to such conditions, as may be specified by the Central Government, from time to time, in respect of the officers of Central Civil Services, Class I.”
(emphasis supplied)
From the above Rule, it would be seen that Central Government servants shall be entitled to draw Dearness Allowance “at such rates, and subject to such conditions, as may be specified by the Central Government, from time to time, in respect of officers of the Central Civil Service, ClassI”. We may notice that there is no other statutory rule brought to our notice relating to payment of Dearness Allowance or Dearness Relief and it appears that the said Rule governs the payment of Dearness Allowance and Dearness Relief to Government servants and Government Pensioners of the Union in respect of all the classes of employees.

The above rule shows that the entitlement to draw Dearness Allowance and Dearness Relief is determined by the Central Government. The same may be specified by the Central Government from time to time, subject to whatever conditions the Government may deem fit to impose.

From the above Rule, it is clear to us that, firstly, there is no statutory rule which obliges the Central Government to continue to enhance the Dearness Allowance or Dearness Relief at regular intervals i.e. to revise the same upwards from time to time. Consequently, there is no vested right in the Central Government Employees, or Central Government Pensioners to receive higher Dearness Allowance or Dearness Relief on regular intervals.

Pertinently, by the impugned Office Memorandum, the Central Government has frozen – and not withdrawn, the Dearness Allowance and Dearness Relief being paid to Central Government Employees and Central Government Pensioners at the time of issuance of the said Office Memorandum.

Also check: Appeal to unfreeze the DA by the petitioner at Delhi High Court

So far as the submission with regard to increase of 4% Dearness Allowance or Dearness Relief with effect from 01.01.2020 is concerned, the impugned Office Memorandum does not seek to take it away. All that it does is to postpone its payment till after 01.07.2021. That power, in our view, resides with the Central Government, by virtue of Rule 3 of the All India Services (Dearness Allowance) Rule, 1972, since the Central Government is empowered to take the decision to make payment of Dearness Allowance / Dearness Relief, subject to such conditions as the Central Government may specify from time to time.

The submission of learned counsel for the petitioner is that the Central Government in the impugned Office Memorandum has referred to COVID19 pandemic as the reason for its decision contained in the said Office Memorandum. However, the impugned Office Memorandum has not been issued by the competent authority under the Disaster Management Act. We do not find merit in this submission. The provisions of the Disaster Management Act are not the only repository of the power of the Government to take action in the light of the pandemic. As noticed above, the power to determine as to how much Dearness Allowance is to be paid, i.e. at what rates, and subject to what condition, resides with the Central Government by virtue of Rule 3 of All India Services (Dearness Allowance) Rules, 1972. Merely because the said impugned Office Memorandum makes reference to the COVID-19 pandemic, it does not follow that the only provision which the respondents could have invoked are those contained in the Disaster Management Act. The Central Government, by referring to COVID-19 pandemic in the impugned communication, has merely provided its reasons and justification for its decision contained in the said Office Memorandum.

The next submission of the learned counsel for the petitioner is that the impugned Office Memorandum is also in violation of Article 360(4) (a)(i) of the Constitution of India. Article 360 of the Constitution of India contains the provision as to financial emergency, and it provides that if the President is satisfied that a situation has arisen whereby the financial stability of credit in India or any part of the territory thereof is threatened, he may, by a proclamation make declaration to that effect. The submission is that President of India has not declared financial emergency. The further submission is that it is only during financial emergency declared by the President, that by virtue of Sub-Article 4(a)(i) – a provision could be made requiring reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the State. Since no financial emergency has been declared, the Office Memorandum in question could not have been issued which is referable to Article 360(4)(a)(i) of the Constitution of India.

We find this submission to be completely misplaced. This is for the reason that Article 360(4)(a)(i) deals with a situation where the Government seeks to reduce the salary or allowance of all, or any class of persons, serving in connection with the affairs of the State. In the present case, the Office Memorandum does not seek to reduce either the salaries or allowances, which includes Dearness Allowance and Dearness Relief in respect of serving Government servants, or its pensioners. All that it does is to freeze the payment of Dearness Allowance and Dearness Relief at the pre-existing level, and to put in abeyance any increase in Dearness Allowance and Dearness Relief till July, 2021. The said freeze does not tantamount to reduction of either salary, or allowances, of persons serving in connection with the affairs of the State.

The further submission submission of learned counsel for the petitioner is that the Office Memorandum could not have been issued by mere issuance of an office order, and the same should have been either framed as a statutory rule, or by issuing a gazette notification. We do not find any basis for this submission. We have noticed Rule 3 of the All India Services (Dearness Allowance) Rules, 1972. The said Rule does not state that the Central Government can form, or communicate, its decision with regard to entitlement to draw Dearness Allowance, subject to conditions, only by framing another rule, or by a gazette notification. There is no such requirement in law. Therefore, we do not find any merits in this submission as well.

Also check: Expected DA 2020

So far as the right to receive the increase of Dearness Allowance / Dearness Relief already declared by the Government with effect from 01.01.2020 is concerned, it falls well within the domain of the Central Government to decide as to when to disburse the said increase. There is no obligation in law upon the Central Government to disburse the increase in Dearness Allowance/ Dearness Relief within a time bound manner. Rule 3 of All India Services (Dearness Allowance) Rules referred to above, itself empowers the Central Government to lay down the conditions subject to which Dearness Allowance may be drawn by officers of Central Government.

For the aforesaid reasons we do not find any merit in this petition and the same is, accordingly, dismissed.

VIPIN SANGHI, J
RAJNISH BHATNAGAR, J

JUNE 01, 2020



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