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Showing posts with label CCS. Show all posts
Showing posts with label CCS. Show all posts

Wednesday, 27 January 2021

7th CPC Revised Pay - Protection of pay in cases of deputation under CSS in terms of Rule 12 of CCS Rules, 2016

7th CPC Revised Pay - Protection of pay in cases of deputation under CSS in terms of Rule 12 of CCS Rules, 2016

7th CPC Revised Pay

7th CPC Revised Pay - Protection of pay in cases of deputation under CSS in terms of Rule 12 of CCS Rules, 2016
7th CPC Revised Pay

F.No. 2/ 12/ 2016-Estt.(Pay-II)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training

North Block, New Delhi
Dated: 21st January, 2021

OFFICE MEMORANDUM

Subject: Protection of pay in cases of deputation under Central Staffing Scheme in terms of Rule 12 of Central Civil Services (Revised Pay) Rules, 2016 (7th CPC) – Regarding.

The undersigned is directed to say that this Department has been receiving queries from various Ministries/ Departments regarding method of pay protection in terms of Rule 12 of Central Civil Services (Revised Pay) Rules, 2016 which is as under :

 

’12. Pay protection to officers on Central deputation under Central Staffing Scheme – If the pay of the officers posted on deputation to the Central Government under Central Staffing Scheme, after fixation in the revised pay structure either under these rules or as per the instructions regulating such fixation of pay on the post to which they are appointed on deputation, happens to be lower than the pay these officers would have been entitled to, had they been in their parent cadre and would have drawn that pay but for the Central deputation, such difference in the pay shall be protected in the form of Personal Pay with effect from the date of notification of these rules.’

Rule 12 of Central Civil Services (Revised Pay) Rules, 2016 was subsequently amended vide Department of Expenditure Notification No.1-2/ 2016-IC dated 15th June 2017 which inter-alia provides that the aforesaid provision would take effect from 01.01.2016.

  1. Pay protection of officers on deputation under Central Staffing Scheme after implementation of CCS (Revised Pay) Rules 2016 has been considered in consultation with the Department of Expenditure and is elaborated in subsequent paras.
  2. Pay Protection of officers who were already on deputation under Central Staffing Scheme on 01.01.2016 or who join deputation under Central Staffing Scheme on or after 01.01.2016

(a) Pay of such officers, as on 01.01.2016 [or a subsequent date from which they have opted to switch over to the CCS (Revised Pay) Rules, 2016] will be fixed in the Level of the post held by them on deputation under Central Staffing Scheme on the basis of the pay fixed in their parent cadre. The cell corresponding to the basic pay fixed in the parent cadre will be located in the Level in the Pay Matrix of the post in which the officer is serving on deputation under the Central Staffing Scheme and pay shall be fixed at the same stage/ equivalent cell. If no such cell is available in the applicable Level of the ex-cadre post, the pay shall be fixed at the immediate lower cell in that Level of the ex-cadre post and the difference in pay will be granted as Personal Pay.

Illustration :
If an officer holding the post in Level 15 in parent cadre and drawing pay of Rs. 2,05,100/ – goes on deputation under Central Staffing Scheme in Level 14 on 04.05.2017, his pay will be fixed as under:

(a)Existing Level in the parent cadreLevel 15
(b) Existing pay in Level 15 as on 04.05.2017 in the parent cadreRs. 2,05, 100/-
(cell 5 of Level 15)
(c) Pay fixed in Level 14 on Deputation under Central Staffing SchemeRs. 1,99,600/- (cell 12 of Level 14) plus (Rs.5500/ Personal pay)
(d)On DNI in parent cadre: Pay in Level 15 in the Parent CadreRs. 2,11,300/-
(cell 6 of Level 15)
(e)On DNI in parent cadre: Pay on Central Deputation in Level 14Rs. 2,05,600/ – (cell 13 of Level 14)
plus (Rs. 5700/ – Personal pay)
7th CPC Revised Pay

(b) However, if an officer currently drawing pay up to Level 13 is appointed on deputation to a post in the equivalent or lower level on deputation under Central Staffing Scheme OR during the continuance of deputation under Central Staffing Scheme gets an up-gradation in his parent cadre to a Level higher than pay Level of deputation post up to Level 13 of the Pay Matrix, his pay will be fixed at the same cell and Level in which he is placed in the parent cadre. He will also be eligible to draw the CDTA on the pay of Level of the post in parent cadre at the prevailing rates. For the active period of a deputation from 1.1.2016 to 30.6.2017, CDTA will be admissible at the pre-revised rates in the pre-revised pay structure, i.e. as if the pay had not been revised w.e.f. 1.1.2016. Provisions of this Department’s OM No.2/ 10/2017-Estt(Pay-II) dated 24th April 2018 shall stand amended to this effect. For the active period of a deputation from 1st July 2017 onwards, CDTA will be admissible as per the guidelines in this Department’s OM No. 2 / 10/2017- Estt. Pay-II dated 24th April 2018.

Illustration :
(i) If an officer holding the post in Level 13 in parent cadre and drawing pay of Rs. 1,26,800/- goes on deputation under Central Staffing Scheme in Level 13 on 22.02.2017, his pay will be fixed as under:-

(a)Existing Level in the parent cadreLevel 13
(b) Existing pay in Level 13 as on 22.02.2017 in the parent cadreRs. 1,26,800/- (cell 2 of Level 13)
(c) Pay fixed on appointment on deputation under Central Staffing SchemeRs.1, 26,800/ – (cell 2 of Level 13)
(d) On DNI in the Parent Cadre: Pay fixed on deputation under Central Staffing SchemeRs. 1,30,600/- (cell 3 o
7th CPC Revised Pay

(ii) If an officer holding the post in Level 13 in parent cadre and drawing pay of Rs. 1,26,800/- goes on deputation under Central Staffing Scheme in Level 12 on 22.02.2017, his pay will be fixed as under :-

(a)Existing Level in the parent cadreLevel 13
(b) Existing pay in cell 2 of Level 13 as on 22.02.2017 in
the parent cadre
Rs. 1,26,800/ – (cell2 of Level13)
(c)Pay fixed on appointment on deputation under Central
Staffing Scheme
Rs. 1,26,800/ – (cell2 of Level13)
(d)On DNI in the Parent Cadre: Pay fixed on deputation
under Central Staffing Scheme
Rs. 1,30,600/-
(cell 3 of Level 13)
  1. Protection/ Fixation of pay of officers who were on deputation under Central Staffing Scheme on 01.01.2016 or who joined deputation under Central Staffing Scheme on or after 01.01.2016 and got Proforma promotion in parent cadre:-

(a) In case the officer was on deputation under CSS on 01.01.2016 or joined thereafter and his junior is promoted to a higher post in his parent cadre on or after 01.01.2016 but was not granted proforma promotion under the ‘Next Below Rule’, there will be no change in the pay fixation already done as per extant rules.

(b) In case an officer on deputation to a post under Central Staffing Scheme gets proforma promotion in his cadre to a post-up to Level 13 in the Pay matrix, his pay in the Level of the post will be fixed with reference to the presumptive pay that he would have got had he remained and promoted in the parent cadre of his service in the manner as provided in para 3(b).

(c) In case an officer on deputation under Central Staffing Scheme gets promoted in his cadre to a higher post in Level 13A or above in the Pay matrix, his pay in the Level of the post held on deputation under Central Staffing Scheme will be fixed with reference to the presumptive pay of the officer in the parent cadre of his service. The Cell corresponding to such basic pay fixed in parent cadre will be located in the Level in the Pay Matrix of the post in which the officer is serving on deputation under Central Staffing Scheme, and pay shall be fixed at same stage/equivalent cell and if no such cell is available in the applicable Level, the pay shall be fixed at the immediate lower cell in that Level of the post and the difference in pay will be granted as Personal Pay. Illustrations may be seen below: –

Illustration
If an officer holding the post in Level 16 in parent cadre drawing pay of Rs.2,24,400 / -, who is on deputation under Central Staffing Scheme in Level 15 and drawing pay Rs. 2,24,100/ – + Rs.300/ – (Personal pay) gets proforma promotion in Level 17, his pay will be fixed as under:

(a)Pay Level in the pay matrix in parent cadre before joining on deputation under Central Staffing SchemeLevel 16
(b)Pay level in the Central Staffing SchemeLevel 15
(c)Existing pay as on 01.05.2017 on Deputation under Central Staffing Scheme in Level 15Rs. 2,24,100/ – (cell 8 of Level 15) plus
(Rs.300/ -Personal pay [Corresponding to pay of Rs.2,24,400 / – of Level 16]
(d)Pay fixed in the higher Level in parent cadre i.e. Level 17 on proforma promotion on 01.05.2017Rs. 2,25,000 / –
(e) Pay fixed on deputation under Central Staffing Scheme as per Rule 12 of CCS (Revised Pay) Rules on 01.05.2017Rs.2,24, 100/ –
(cell 8 of Level 15) plus Rs.900/ – (Personal pay)
(f)On DNI: Pay in the Parent Cadre in Level 17Rs. 2,25,000/ –
(g)On DNI: Pay in the Level 15 on Deputation under Central Staffing SchemeRs.2,24, 100/ –
(cell 8 of Level 15) plus Rs.900/ – (Personal pay)
  1. (a) The officer shall get Dearness Allowance on the admissible from time to time. However, no other allowances this Personal Pay. said Personal Pay as shall be admissible on this Personal Pay.

(b) The Basic Pay Plus Personal Pay, from time to time, shall not exceed Rs.2,25,000.

7th Pay Commission Revised Pay Matrix Table for Central Government Employees – Pay Matrix Level 12

  1. Grant of annual increment to officers on Deputation under Central Staffing Scheme

    On grant of annual increment to an officer in parent cadre (upto Level 16,) who is on deputation under Central Staffing Scheme, the pay will be fixed incrementally moving down one cell in the Level of pay in which the officer is serving on deputation under Central Staffing Scheme. Accordingly, the Personal Pay, if any, will be re-computed as the difference in the pay (after increment) that he would have drawn in the parent cadre and the current pay on deputation under Central Staffing Scheme.
  2. This O.M. shall take effect from 01.01.2016.
  3. This issues with the concurrence of the Department of Expenditure.
  4. In their application to employees of the Indian Audit and Accounts Department, these orders are issued after consultation with the Comptroller and Auditor General of India as mandated under Article 148 (5) of the Constitution.
  5. Hindi version will follow.

(Murli Bhavaraju)
Deputy Secretary to the Government of India

To

All Ministries/ Departments of Government of India

Source: DoPT

Download PDF : 7th CPC Revised Pay – Protection of pay in cases of deputation under CSS in terms of Rule 12 of CCS Rules, 2016

 

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Friday, 2 October 2020

Family pension is payable to the unmarried/ widowed/ divorced daughter until she gets married or remarried or until she starts earning

Family pension is payable to the unmarried/ widowed/ divorced daughter until she gets married or remarried or until she starts earning

DEPARTMENT OF PENSION AND PENSIONERS’ WELFARE

Government Of India

Family Pension for Daughter under CCS (Pension) Rules

1. The family pension is payable to the unmarried/ widowed/ divorced daughter until she gets married or remarried or until she starts earning her livelihood, whichever is earlier.

Also check: Family Pension Table in 7th Pay Commission

2. The family pension is payable to unmarried/ widowed/ divorced daughter above the age of 25, after all unmarried children have attained the 25 years of age or have started . earning their livelihood, whichever is earlier.

3. If the deceased government servant/ pensioner has survived by any disabled child, the widow/ divorced/ unmarried daughter will be eligible to receive family pension only after the turn of disabled child.

Also check: Revision of Pension/ Family Pensioners of Pre 01.01.2016 and Post 01.01.2016 retired employees

4. Divorced daughter is eligible for family pension where the divorce proceedings had been filed in a competent Court during the lifetime of the employee/ pensioner or his/her spouse but divorce took place after their death. In such cases, the family pension will commence from the date of divorce.

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Monday, 23 March 2020

Relaxation in CCS (Leave) Rules, 1972 Preventive measures spread of COVID19

Relaxation in CCS (Leave) Rules, 1972 Preventive measures spread of COVID19

Latest central government employees news today

Relaxation of Central Civil Services (Leave) Rules, 1972, it has now been decided with the approval of competent authority to grant Commuted Leave without production of medical certificate to those officials who are above 50 years of age and have underlying conditions

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 & Training

North Block, New Delhi-110001
Dated the 20th March, 2020

Office Memorandum

Sub: Preventive measures to achieve ‘social distancing’ to contain the spread of COVID19 - Relaxation in CCS (Leave) Rules, 1972 regarding.

Read: Preventive measures to be taken to contain the spread of Novel Coronavirus (COVID-19) - DoPT Order

The undersigned is directed to state that the leave sanctioning authorities were advised vide O.M. of even number dated 17th March, 2020 to sanction leave who wish to self-quarantine, as a preventive measure. In this regard, in relaxation of Central Civil Services CCS (Leave) Rules, 1972, it has now been decided with the approval of competent authority to grant Commuted Leave without production of medical certificate to those officials who are above 50 years of age and have underlying conditions i.e. Diabetes, Respiratory problems, Renal diseases and other life-threatening illness, for a period upto 4th April, 2020, so as to avoid unnecessary burden on the health care system.

Also check: Latest DoPT Order - Preventive measures to contain the spread of COVID19 for all Central Government Employees

These instructions shall be applicable to Ministries / Departments / attached and subordinate offices of Central Government. Similar instructions may be issued to Autonomous / Statutory Bodies.

sd/-
(Umesh Kumar Bhatia)
Deputy Secretary to the Government of India
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Wednesday, 19 February 2020

Latest News on NPS: Old Pension Scheme for 2004 CG Employees

Latest News on NPS: Old Pension Scheme for 2004 CG Employees

Latest News on NPS: Old Pension Scheme for 2004 CG Employees


The Department of Pension and Pensioners ' Welfare released a significant order on 17 February 2020 on extending the benefit to Central government employees whose appointment has been postponed after 31 December 2003.

Under this Order, a single right to be protected under CCS (Pension) Rules (1972) may be given to government officers who have been deemed effective to obtain the results declared before or on 31.12.2003 against vacancies that take place before 01.01.2004 for joints on or after 01.01.2004. The Central government employees in question can exercise this option by 31.05.2020 at the earliest.

Latest news on NPS to OPS

Amendment in CCS (Pension) Rules 1972 - Central Government Employees

No. 57/04/2019-P&PVW/(B)
Government of India
Department of Pension and PW

Lok Nayak Bhawan, Khan Market,
New Delhi, the 17 February, 2020

OFFICE MEMORANDUM

Subject: Coverage under Central Civil Services (Pension) Rules, 1972, in place of National Pension System, of those Central Government employees whose selection for appointment was finalized before 01.01.2004 but who joined Government service on or after 01.01.2004.

The undersigned is directed to say that consequent on introduction of National Pension System (NPS) vide Ministry of Finance (Department of Economic Affairs) Notification No. 5/7/2003-ECB & PR dated 22.12.2003, all Government servants appointed on or after 01.01.2004 to the posts in the Central Government service (except armed forces) are mandatorily covered under the said scheme. The Central Civil Services (Pension) Rules, 1972 and other connected rules were also amended vide Notification dated 30.12.2003 and, after the said amendment, those rules are not applicable to the Government servants appointed to Government service after 31.12.2003.

2. Representations have been received in this Department from the Government servants appointed on or after 1.1.2004 requesting for the benefit of the pension scheme under Central Civil Services (Pension) Rules, 1972 on the ground that their appointment was delayed on account of administrative reasons or lapses. Similar references have been received from Ministries/Departments seeking advice of this Department on the question whether the Government servants who were appointed on or after 1.1.2004 could also be extended the benefit of pension scheme under CCS (Pension) Rules, if their appointment was delayed beyond 31.12.2003 on account of administrative reasons and the delay in appointment was beyond the control of the said Government servants.

Also check: Benefit of gratuity in respect of Central Government Employees counting of service on joining new service covered under National Pension System (NPS)

3. From the representations of the Central Government employees and the references received from Ministries /Departments, it has been observed that in many of the cases referred to this Department, selection process (including written examination, interview and declaration of result) for recruitment had been completed before 01.01.2004 but the employee joined the Government service on or after 01.01.2004. A few illustrations where the selection was finalized before 01.01.2004 but actual joining took place on or after 01.01.2004 are as under:
(i) The result for recruitment was declared before 01.01.2004 but the offer of appointment and actual joining of the Government servant was delayed on account of police verification, medical examination etc.;
(ii) Some of the candidates selected through a common selection process were issued offers of appointments and were also appointed before 01.01.2004 whereas the offers of appointment to other selected candidates were issued on or after 1.1.2004 due to administrative reasons/constraints including pending Court/ CAT cases.
(iii) Candidates selected before 01.01.2004 through a common competitive examination were allocated to different Departments/ organization. While recruitment process was completed by some Department(s) / organizations on or before 31.12.2003 in respect of one or more candidates, the offers of appointment to the candidates allocated to the other Departments / organization were issued on or after 01.01.2004.
(iv) Offers of appointment to selected candidates were made before 01.01.2004 with a direction to join on or after 01.01.2004.
(v) Offers of appointment were issued to selected candidates before 01.01.2004, and many/ most candidates joined service before 01.01.2004. However, some candidate(s) were allowed extension of joining time and they joined service on or after 01.01.2004. However, their seniority was either unaffected or was depressed in the same batch or to a subsequent batch, the result for which subsequent batch was declared before 01.01.2004.
(vi) The result for recruitment was declared before 01.01.2004 but one or more candidates were declared disqualified on the grounds of medical fitness or verification of character and antecedents, caste or income certificates. Subsequently, on review, they were found fit for appointment and were issued offers of appointment on or after 01.01.2004.
In all the above illustrative cases, since the result for recruitment was declared before 01.01.2004, denial of the benefit of pension under CCS (Pension) Rules, 1972 to the affected Government servants is not considered justified.

4. The matter has been examined in consultation with the Department of Personnel & Training, Department of Expenditure and Department of Legal Affairs in the light of the various representations/references and decisions of the Courts in this regard. It has been decided that in all cases where the results for recruitment were declared before 01.01.2004 against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment shall be eligible for coverage under the CCS (Pension) Rules, 1972. Accordingly, such Government servants who were declared successful for recruitment in the results declared on or before 31.12.2003 against vacancies occurring before 01.01.2004 and are covered under the National Pension System on joining service on or after 01.01.2004, may be given a one-time option to be covered under the CCS(Pension) Rules, 1972. This option may be exercised by the concerned Government servants latest by 31.05.2020.

5. Those Government servants who are eligible to exercise option in accordance with para-4 above, but who do not exercise this option by the stipulated date, shall continue to be covered by the National Pension system (NPS).

6. The option once exercised shall be final.

7. It is clarified, that the above option would be available to only those Government servants who were declared successful for recruitment before 01.01.2004, against vacancies pertaining to the period prior to that date. This option shall, however, not be available to the Government servants appointed on or after 01.01.2004 if they fall in any of the following categories:
(i) Government servants whose names were included in a panel of selected candidates before 01.01.2004 for recruitment against vacancies occurring on or after 01.01.2004 and were, accordingly, recruited on or after 01.01.2004.
(ii) A Government servant whose name was included in a panel of selected candidates prepared before 01.01.2004 for vacancies arising before and after 01.01.2004 but was actually appointed after 31.12.2003 against a vacancy arising on or after 01.01.2004.
(iii) Government servants who were selected against vacancies pertaining to the period prior to 01.01.2004 on the basis of an advertisement / notification issued before 01.01.2004 or a written examination / interview held before 01.01.2004 but results for recruitment were declared on or after 01.01.2004.
(iv) Government servants who joined on or after 01.01.2004 after they were granted extension of joining time on their own request and, in accordance with the instructions issued by the Department of Personnel & Training, their seniority was depressed on account of such extension of joining time to a batch for which the result for recruitment was declared on or after 01.01.2004.
8. The matter regarding coverage under the CCS (Pension) Rules, 1972 based on the option exercised by the Government servant shall be placed before the appointing authority for consideration in accordance with these instructions. In case the Government servant fulfils the conditions for coverage under the CCS (Pension) Rules, 1972, in accordance with these instructions, necessary order in this regard shall be issued latest by 30 September, 2020. The NPS account of such Government servants shall, consequently, be closed w.e.f. 01st November, 2020.

9. The Government servants who exercise option to switch over to the pension scheme under CCS (Pension) Rules, 1972, shall be required to subscribe to the General Provident Fund (GPF). Regarding accountal of the corpus in the NPS account of the Government servant, Controller General of Accounts (CGA) has furnished the following clarification vide letter No. 1(7)(2)/2010/cla./TA III/390 dated 14.11.2019:
i. Adjustment of Employees’ contribution in Accounts: Amount may be credited to individual’s GPF account and the account may be recasted permitting up-to-date interest (Authority-FR-16 &Rule 11 of GPF Rules).
ii. Adjustment of Government contribution under NPS in Accounts: To be accounted for as (-) Dr. to object head 70 – Deduct Recoveries under Major Head 2071 - Pension and other Retirement benefit – Minor Head 911- Deduct Recoveries of overpayment (GAR 35 and para 3.10 of List of Major and Minor Heads of Accounts).
iii. Adjustment of increased value of subscription on account of appreciation of investments - May be accounted for by crediting the amount to Govt. account under M.H. 0071- Contribution towards Pension and Other Retirements Benefits 800- Other Receipts ( Note under the above Head in LMMHA).
10. All Ministries / Departments are requested to give wide publicity to these orders. The cases of those Government servants who fulfil the conditions mentioned in this O.M. and who exercise option to switch over to the pension scheme under CCS (Pension) Rules may be settled by the administrative Ministries / Departments in accordance with these orders.

11. These orders issue with the concurrence of Ministry of Finance, Department of Expenditure, vide their I.D. Note No. 1(7) EV/2019 dated 08.01.2020.

12. In their application to the employees of Indian Audit and Accounts Department, these orders are issued after consultation with Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution.

13. Hindi version will follow.

(Ruchir Mittal)
Deputy Secretary to the Government of India

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Saturday, 28 December 2019

7th CPC Date of next increment under Rule 10 of Central Civil Services Revised Pay Rules 2016

7th CPC Date of next increment under Rule 10 of Central Civil Services Revised Pay Rules 2016

No. 4-21/2017-IC/E.IIIA
Government of India
Ministry of Finance
Department of Expenditure


North Block, New Delhi-110001
Dated the 28th November, 2019

OFFICE MEMORANDUM

Subject: Date of next increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016 - Clarifications - regarding.

The undersigned is directed to invite the attention to Rule 10 of the CCS (RP) Rules, 2016 which provides for the entitlement of employees for drawal of annual increment either on 1st January or 1st July depending on the date of appointment, promotion or grant of financial upgrdation. The Sub-Rule (2) thereof provides that increment in respect of an employee appointed or promoted or granted financial up­-gradation including up-gradation under Modified Assured Carrier Progression Scheme (MACPS) during the period between the 2nd day of January and 1stday of July (both inclusive) shall be granted on 1st day of January and the increment in respect of an employee appointed or promoted or granted financial up-gradation under MACPS during the period between the 2nd day of July and 1st day of January (both inclusive) shall be granted on 1st day of July.


2. A number of references were received in the Ministry of Finance seeking clarifications regarding drawal of next increment by the employees promoted on 1st July, 2016. On consideration of the matter, Department of Expenditure vide it’s Office Memorandum of even number dated 31.07.2018 has clarified that in case an employee is promoted or granted financial up-gradation including up-gradation under the MACP scheme on 1st January or 1st July, where the pay is fixed in the Level applicable to the post on which promotion is made in accordance with the Rule 13 of the CCS (RP) Rules, 2016, the first increment in the Level applicable to the post on which promotion is made shall accrue on the following 1st July or 1st January, as the case may be, provided a period of 6 months qualifying service is strictly fulfilled. The next increment thereafter shall, however, accrue only after completion of one year.

3. Consequent upon issue of Office Memorandum dated 31.07.2018 different Ministries/ Departments have sought clarification on applicability of DOE's O.M dated 31.07.2018 keeping in view the provisions of Rule 10 of CCS (RP) Rules 2016 , Rule 22(I)(a)(1) of Fundamental Rules & provisions of Stepping up of pay. The issues on which various Ministries / Departments have sought clarifications and decisions thereon are brought in the succeeding paragraphs.
Issue No. 1: Whether after promotion on 1st July and fixation of pay with two increments the date of next increment will be 1st January or 1st July
4. During the regime of 6th CPC, when the annual increment was admissible uniformly on 1st July every year, employees completing 6 months and above in the revised pay structure as on 1st July were eligible for grant of increment. In the 7th CPC regime there are two dates of increments pt January and 1st July. Keeping in view the spirit of 6th CPC, O.M dated 31.07.2018 was issued providing for accrual of next increment on 1st July/1st January in respect of employees getting promotion on , 1st January/ 1st July provided 6 months qualifying service is strictly fulfilled.

5. The instructions contained in the O.M. dated 31.07.2018 are self-explanatory in respect of the cases of promotion/ financial up-gradation falling on 1st July or 1st January. These instructions provide that in case of promotion/ financial up­ gradation on 1st July and 1st January and getting fixation of pay in the Level applicable to the post in which promotion is made in accordance with Rule 13 of the CCS (RP) Rules 2016, the first increment in the level in which promotion is made shall accrue on the following 1st January or 1st July, as the case may be, provided a period of 6 months’ qualifying service is fulfilled.
Issue No.2 : Accrual of next increment in case of regular promotion / financial up­ gradation of an employee on any date other than the date of annual increment and option for pay fixation is exercised under FR 22(I)(a)(1).
The opportunity to exercise of option for pay fixation under FR 22(I)(a)(1) is available to employees in case of promotion / financial up-gradation. Therefore, the Central Government Employee promoted on regular basis/granted financial up­ gradation on any date other than the date of his/ her annual increment in lower grade and exercises the option under FR 22(I)(a)(1) read with Department of Personnel & Training’s OM No.13/02/2017-Estt.(Pay-I) dated 27.07.2017 for fixation of pay from the date of accrual of next increment in the scale of pay in lower grade, he may be allowed the 1st increment in promotional grade on 1st January/ 1st July as the case may be after completion of 6 months’ qualifying service after such fixation on 1st July/ 1st January (i.e., the date of increment in lower grade) on the analogy of Department of Expenditure’s OM dated 31.07.2018. The next increment, thereafter, shall however, accrue only after completion of one year.

Since there is material change, it has also been approved that the employees who have been regularly promoted or granted financial up-gradation on or after 01.01.2016 and desire to exercise/ re-exercise option for pay fixation under FR22(I)(a) (l) shall be given an opportunity to exercise or re-exercise of the option there under. Such an option shall be exercised within one month of issue of this O.M.
These instructions will be applicable with effect from 01.01.2016.

In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.

Hindi version of these orders is attached.

(B.K.Manthan)
Deputy Secretary to the Government of India
7th CPC Date of next increment under Rule 10 of Central Civil Services Revised Pay Rules 2016

Source: DoE
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Monday, 30 September 2019

Performance Appraisal Report draft circular of Central Civil Services Rules, 2019

Performance Appraisal Report draft circular of Central Civil Services Rules, 2019

DoPT Orders 2019

No.21011/01/2017-Estt.A-1I
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi
Dated 27th September 2019
OFFICE MEMORANDUM

Subject: Circulation of draft Central Civil Services (Performance Appraisal Report) Rules, 2019 - seeking comments of Ministries/Department.

The undersigned is directed to say that Annual Performance Assessment Report (APAR) of Government servants holding Group 'A', Group 'B' and Group 'C' posts of Central Civil Services are at present being governed by instructions/guidelines issued by this Department from time to time.
2. With a view to consolidate the instructions, draft Central Civil Services (Performance Appraisal Report) Rules, 2019 have been prepared and enclosed. Comments/ suggestions/ modifications on the draft Rules, if any, may be furnished to the undersigned within two weeks from the date of issue of the O.M. at the e-mail address jayashree.c@nic.in.
(Jayashree Chellamani)
Under Secretary to the Govt. of India
Tel: 23040468
Email: jayashree.c@nic.in

Read also: DoPT Order: Recording of the Annual Performance Appraisal Report (APAR) for the 2017 – 18 financial year for CSS officers


 

Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
DRAFT

CENTRAL CIVIL SERVICES (PERFORMANCE APPRAISAL REPORT) RULES, 2019

In exercise of the powers conferred under Article 309 and clause (5) of Article 148 of the Constitution of India and after consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Accounts Department, the President of India hereby makes the following rules, namely: -

1. Short title and commencement - (1) These rules may be called the Central Civil Services (Performance Appraisal Report) Rules, 2019, in short CCS (PAR) Rules, 2019.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. Application:-
(1) These rules shall be applicable to all Government servants holding Group 'A', Group'B' and Group 'C' posts of Central Civil Services in Ministries/Departments (including attached and subordinate offices), civilian Government servants in the Defence Services and to officers appointed against a civil post on contract basis, but shall not apply to:
(a) any railway servant,
(b) any officer of the All India Services,
(c) any person in casual employment,
(d) any person for whom special provision is made, in respect of all or any matters covered by these rules, by or under any law for the time being in force or by or under any agreement entered into.
(2) Notwithstanding anything contained in sub-rule (1), the President may by an order exclude any group of Government servants from the operation of all or any of these rules.
(3) In the case of a Government servant temporarily transferred to a service or post to which these rules do not apply, these rules shall continue to apply.
(4) If any doubt arises as to whether these rules or any of them apply to any person it shall be referred to the President or such other authority as may be specified by the President by general or special order and the President or such other authority shall decide the same.


3. Definitions. - In these rules, unless the context otherwise requires;-
(a) "Accepting Authority" means the authority which supervises the performance of the reviewing authority as may be specifically empowered in this behalf by the Government;
(b) "Annual Confidential Report (ACR)" means Performance Appraisal Report recorded prior to the reporting year 2008-09.
(c) "Cadre Controlling Authority (CCA)", in relation to a service has the same meaning as in the rules regulating that Service;
(d) "Central Civil Services" means all Central Civil Services including General Central Services but excluding All India Services;
(e) "Competent Authority" means authority referred to in Rule 14(7)(a) and Rule 14(8)(a) of these Rules to decide the representation of officers reported upon against PAR disclosed to him/her;
(f) "Custodian" means the Unit/Section responsible for generation, disclosure and overall maintenance of PAR/Dossier.
(g) "Dossier" means the compilation of the PARs and ACRs written on an officer of the Service, referred to in rule 4, and includes such other documents as may be specified by the Central Government, by general or special order, in this behalf;
(h) "Empanelment" means the process of assessing the suitability for appointment at the level of Joint Secretary and above as well as equivalent posts in the Government of India;
(i) "Government" means,
(i) in case of a Government servant on deputation to a State Government or who is deputed for service in any company, association or body of individuals whether incorporated or not, which is wholly or substantially owned or controlled by the Government of a State, or in a local authority set up by an Act of the Legislature of a State, the Government of that State;
(ii) in any other case, the Central Government.
(j) "Government servant" means any person appointed by Government to any civil service or post in connection with the affairs of the Union and includes a civilian in a Defence Service;
Explanation- A Government servant whose services are placed at the disposal of a company, corporation, organisation or a local authority by the Government shall, for the purpose of these rules, be deemed to be a Government servant serving under the Government notwithstanding that his salary is drawn from sources other than the Consolidated Fund of India;
(k) "Officer Reported Upon" means officer of Central Civil Services whose performance is assessed through PAR;
(l) "Performance Appraisal Report" means the PAR for the financial year (April to March or a part thereof) and referred to in the rules;
(m) "Report" means PAR;
(n) "Reporting Authority" means such authority supervising the performance of the Officer Reported Upon, as may be specifically empowered in this behalf by the Government Provided that where the Officer Reported Upon is a Group 'C' officer, the Reporting Officer shall be an officer holding a post not below Level-6 in Pay Matrix in ih Central Pay Commission.
(o) "Reviewing Authority" means such authority supervising the performance of the reporting authority, as may be specifically empowered in this behalf by the Government;
(p) "Schedule" means the Schedules annexed to these rules;
(q) "State" means a State specified in the First Schedule to the Constitution and includes a Union Territory;
(r) "State Government" means the Government of the State where the officer reported upon is working in connection with affairs of the State.

4. Maintenance and custody of PAR.-(1) A comprehensive dossier shall be maintained for each Government servant by the Central Government in the manner specified under these rules and the dossier shall consist of the documents specified in Schedule- 1.
(2) Time schedule for recording and maintaining of PAR shall be as provided in Schedule-2 Appendix-II and as may be specified by the Government from time to time. Provided that if a report for a financial year is not recorded by 31 st December of the year in which the financial year ended, no remarks may be recorded thereafter and the officer may be assessed on the basis of the overall record and self-appraisal for the year, if he has submitted his self-appraisal within the scheduled time.
(3) (a) The Dossier of a Government servant shall be retained for a period of two years from the date of superannuation, retirement, resignation or death. After a period of retention of the dossier for two years but before weeding out, if a specific written request is received from the concerned retired officer, a copy of the dossier may be provided to him. Such Dossier before being weeded out shall be retained in electronic form such as PDF format etc.
(b) Pending finalisation of disciplinary proceedings at the time of superannuation or retirement or resignation, the period of two years shall count from the date of issue of final orders in the disciplinary proceedings;
(c) Where at the time of superannuation or retirement or resignation, a case is pending in Central Administrative Tribunal or any Court of Law, the period of two years shall count from the date of final decision in the case or two years from the lapse of time for filing of appeal or two years from the date of final decision on the appeal filed, if any;

5. Form of the PAR-
(1) Every CCA shall, if not already done, migrate to electronic generation and recording of PAR in electronic form immediately after notification of these Rules.
Provided that in exceptional case, prior approval of the Department of Personnel & Training may be obtained for manual generation and recording/reviewing/acceptance of PAR.
(2) The PAR shall be generated and recorded by the officer reported upon electronically in such form as specified in Appendix-I-A, 1-8 and I-C of Schedule Provided that the Central Government may make such additions in the form or modify the cut-off dates so specified, as may be considered necessary.
(3) In case of Government servants on deputation, the format of the parent cadre shall prevail for recording of PAR.
(4) The comments of the reporting, reviewing and accepting authority, in case he is a Government servant, shall be recorded electronically, as per guidelines issued from time to time for filling the report.
(5) The political executives may record their comments manually and the PAR so recorded shall be uploaded electronically as per time frame specified in Appendix-II of Schedule 2.
(6) Accepting Authority is to be an additional level in the channel of recording of PAR in respect of Group 'A' posts (DS/ Director or equivalent level and above).
(7) The PAR shall be written for such Government servants who may be on study leave or training in such form as is specified in the Appendix-III / Appendix-IV of Schedule 2.

6. Reporting of PAR.-
(1) The PAR shall be generated by Custodian and written by the officer reported upon electronically.
(2) The reporting authority shall record his remarks on the report, within the timeframe specified in the Appendix-II of Schedule 2. Provided that a report may not be written in such cases as may be specified by the Central Government, by general or special order;
(3) Where more than one report is written for an officer reported upon during the course of a financial year, each such report shall indicate the period to which it pertains: Provided that only one report shall be written on a Government servant for a particular period during the course of the financial year and there shall be a single reporting, reviewing and accepting authority at each level of appraisal which shall be specified, in the channel for writing PAR, by the Government.Provided further that if more than one person of the same superior level supervises the performance of the Government servant, the administrative Ministry/ Department shall identify the reporting officer / reviewing officer / accepting authority, as the case may be, who has/have supervised substantial work of the officer reported upon, during the period of report, well in advance of the relevant appraisal year.
Provided, further, that if the officer reported upon occupies more than one post, the Government shall identify the post (substantive or additional charge) to report, review and accept, well in advance of the relevant assessment year.

(4) Where the reporting authority has not supervised the performance of a Government servant for a minimum period of three months, but the reviewing authority has supervised the performance of Government servant for a minimum period of three months during the period for which report is to be written, the reviewing authority shall write the report of any such officer for any such period.

(5) Where, both the reporting authority and the reviewing authority have not supervised the performance of the Government servant for a minimum period of three months and the accepting authority, if any, has supervised the performance for a minimum period of three months, the accepting authority shall write the report of such officer for such period.

(6) Where the officer reported upon has not worked under a Reporting Officer, a Reviewing Officer and an Accepting Authority, for a minimum period of three months, he shall mandatorily submit a self-appraisal and thereafter the Custodian shall place 'No Report Certificate (NRC)' in the dossier for such period;

(7) Where the officer reported upon has been sanctioned leave (all kinds of leave as are admissible under rules governing leave) for a period of more than 15 days at a stretch, the period of leave so sanctioned shall be deducted from the total period spent on the post, for the purpose of computing the minimum period of three months required for recording, reviewing and acceptance of Report.
(8) A PAR shall also be written when either the officer reported upon or the reporting authority, who is a government servant, relinquishes charge of the post on transfer/deputation etc., and, in such a case, the report shall be written within the time frame as specified in Appendix-II of Schedule 2 of the Rules for completion of PAR.

7. Review of the PAR-
(1) The reviewing authority shall record his remarks on the report, within the timeframe specified in the Appendix-II of Schedule 2.
(2) Where the report is written by the reviewing authority under sub-rule (4) of rule 6, or where the reviewing authority has not supervised the work for a minimum period of three months, and the Accepting authority, if any, has supervised the performance of the Government servant for a minimum period of three months during the period for which the report is written, the accepting authority shall review the report of any such officer for such period within the time frame specified in the Appendix-II of Schedule-2.
(3) It shall not be competent for the reviewing authority, or the accepting authority, to review any such report unless the performance of the Government servant has been supervised by such authority for a minimum period of three months during the period for which the report has been written.
Provided further that where for a reporting period more than one officer has supervised the work as reviewing authority, the Reviewing Authority, who has last supervised the work of the officer reported upon for a minimum period of three months during the relevant period of the report may review the entire report but the assessment may be limited to the work for the period he has supervised.
(4) Where the officer reported upon has not worked under a Reviewing Authority, if any, for a minimum period of three months and there is no provision of accepting the report by an accepting authority, a 'No Review Certificate" (NRC) stating that the work of the officer reported upon has not been supervised by any officer in the capacity of a Reviewing Officer during the period, may be placed in the Dossier;

8. Acceptance of the PAR -
(1) The accepting authority, if any, shall within the timeframe specified in Appendix-II of Schedule 2, record his remarks on the PAR and may accept it, with such modifications as may be considered necessary, and countersign the report:Provided that where the accepting authority has not seen the performance of the Government servant for a minimum period of three months during the period for which the report has been written, it shall not be necessary for the accepting authority to accept any such report and an entry to this effect in the form of a 'No Acceptance Certificate' shall be made in the PAR.
Provided further that where for a reporting period more than one officer has supervised the work as accepting authority, the Accepting Authority, who has last supervised the work of the officer reported upon for a minimum period of three months during the relevant period of the report may accept the entire report but the assessment may be limited to the work for the period he has supervised.
(2) Notwithstanding anything contained in rule 6 or rule 7, where the accepting authority writes or reviews the PAR of a Government servant, it shall not be necessary to review or accept any such report.

9. Restriction on reporting, reviewing and accepting authorities in certain cases:
Not with standing anything contained in rules 6, 7 and 8, it shall not be competent for the reporting authority, the reviewing authority or the accepting authority to write a report -
(a) Where the reporting authority is a Government servant, who has retired, superannuated or resigned the post, after one month of such retirement, superannuation or resignation;
(b) In other cases, after one month of the date on which he demits office.
Explanation. - F or the purpose of this rule-
(a) "a Minister" shall not be deemed as having demitted the office if he continues to be a Minister in the Council of Ministers with a different portfolio or in the Council of Ministers immediately reconstituted after the previous Council of Ministers of which he was a Minister with the same or a different portfolio, provided the Prime Minister continues in office.

(b) "a Minister" shall be deemed to have demitted the office where pursuant to fresh elections, a new Council of Ministers has been reconstituted, even if the Minister who was in the earlier Council of Ministers, finds a place in the new Council of Ministers with the same or different portfolio.

10. Recording of entries within prescribed time limits:- Where the officer reported upon fails to submit his self-appraisal within the prescribed time, the reporting authority shall record remarks without self-appraisal. A certificate to the effect that self-appraisal was not submitted by the officer reported upon within the prescribed time, shall be placed along with the report by the Custodian. In case the remarks are not recorded by the Reporting Authority within the stipulated time, he shall forfeit his right to enter any remark in the Report. Similarly, the Reviewing Authority and the Accepting Authority shall also forfeit their right to record any remark in the Report beyond the prescribed time-limit.
Provided if the officer reported upon has submitted the self-appraisal within prescribed time, the report containing the self-appraisal, together with a certificate to the effect that the Reporting/Reviewing/Accepting authority, as the case may be, has/have not recorded the remarks within the prescribed time limit shall be placed in the dossier and the officer may be assessed on the basis of the overall record and self-appraisal for the year, if he has submitted self-appraisal on time.

11. Recording of entries relating to integrity of the officer reported upon: - The reporting, reviewing and accepting authority while recording the entries regarding integrity of officer reported upon shall keep in view the guidelines for filling up integrity column, issued from time to time.

12. Treating the PAR as non-est.-The PAR not recorded in terms of the provisions of these Rules and instructions issued there under shall be treated as non-est.

13. Communication of the PAR to the Central Government. - The report shall be obtained by the CCA if the Government servant is serving in connection with the affairs of the State or local body or autonomous body or public sector enterprise on deputation, shortterm contract or any other kind of attachment:
Provided that if the PAR is written in a language other than Hindi or English, it shall be accompanied by an authentic certified translation in Hindi or English.

14. Disclosure of PAR to the officer reported upon and procedure for representation -
(1) After finalization, the full report including the overall grading and appraisal of integrity shall be disclosed electronically to the officer reported upon by the Custodian within the time limit prescribed in Appendix-II of Schedule 2, to enable him to submit his representation, if any.
Provided that where a Government servant has only one supervisory level above him, as in the case of personal staff attached to officers, such disclosure shall be made after the reporting authority has recorded his remarks, within the time limit prescribed in Appendix-II of Schedule 2.
(2) The officer reported upon, on disclosure of the report, shall have the opportunity to give representation, if any, to the competent authority through the Custodian, within fifteen days of the receipt of the Report.
Provided further that no representation shall be accepted from the officer reported upon if such representation is not within the stipulated time of fifteen days, except where the officer reported upon is rendered immobilized on medical grounds.
(3) The representation, if any, shall be restricted to the specific factual observations contained in the Report leading to the appraisal of the officer in terms of attributes, work output and competency and grading.
(4) The competent authority to decide the representation received in terms of sub-rule (1) & (2) above, relating to overall grading or entry/entries in the PAR, shall within fifteen days of the receipt of the representation, forward or cause to be forwarded the same, to the Accepting, Reviewing and Reporting authorities and call for their comments on the representation.
(5) The reporting authority shall, within fifteen days of receipt of the representation, forward the representation, along with his comments to the reviewing authority. The Reviewing authority shall forward the representation along with views of the reporting authority and his comments to the accepting authority within fifteen days of receipt of the views of the reporting authority. The accepting authority shall forward the representation along with the comments of the reporting and reviewing authority and his comments to the competent authority, within 15 days of the receipt of the comments of the reviewing authority.
(6) The competent authority shall, after obtaining the comments of the Reporting/Reviewing/Accepting authority within the time limit mentioned in Appendix-II of Schedule 2, including from those who have retired or demitted/ relinquished office as the case may be, finalise his decision within a period of 30 days as under:-
  • In the case of representation against overall grading, the said authority may upgrade or downgrade or make no change in the grading already given and while doing so, shall record sufficient reasons for doing the same.
  • In the case of representation against entries/remarks, the said authority shall after examination, expunge, modify or retain the entries/remarks, without altering the overall grading. The authority, while expunging or modifying or retaining the adverse remarks, shall give reasoned order for doing so, failing which the order shall be treated as invalid and the report shall be treated as non-est.
  • In cases involving representation against both overall grading and entries, the said authority shall clearly bring out the reasons for any upgradation, downgradation or retention of overall grading and also expunction or modification or retention of entries/ remarks and shall give a reasoned order for doing so, failing which the order shall be treated as invalid and the report shall be treated as non-est;
  • The decision of the said authority shall be communicated to the officer reported upon by the Custodian in the form of reasoned order, within a period of 15 days of the decision.
(7) Authority competent to decide representations where competent authority is below Minister:
  • The competent authority to decide the representation will be one level higher than the Accepting Authority. Where there is no Accepting Authority, it shall be one level higher than the Reviewing Authority. Provided that where there are no Reviewing/Accepting authorities, the authority to decide the representation shall be one level higher than the Reporting Authority. The competent authority shall forward the representation to the Reporting Authority, Reviewing Authority and the Accepting Authority, as the case may be, and call for their comments. The comments of the reporting/reviewing/accepting authority (as the case may be) are required to be sought even if they have superannuated/retired/resigned or demitted office. In case the comments of reporting / reviewing /accepting authority are not received within the time limit mentioned in Appendix-II of Schedule 2, it shall be presumed that reporting /reviewing /accepting authority has no comments to offer.
  • The competent authority shall consider the representation of the officer reported upon, the comments of the reporting authority, reviewing authority and the accepting authority and shall finalise the decision within a period of 30 days.
  • The decision shall be communicated in the form of reasoned order to the officer reported upon by the Custodian within a period of 15 days of the decision.
(8) Authority competent to decide representations -where competent authority is 'Minister'
(a) where the reporting or reviewing or accepting authority, is a Minister, the competent authority to decide the representation against any entry/remark as well as the overall grading in the report will be the current Minister. Before deciding the representation, comments of the Reporting/Reviewing/Accepting Authority shall be obtained, by the Custodian. The comments of the reporting/reviewing/accepting authority (as the case may be) are required to be sought even if they have superannuated/retired/resigned or demitted office. In case the comments of reporting / reviewing /accepting authority are not received within the time limit mentioned in Appendix-II of Schedule 2, it shall be presumed that reporting/reviewing/accepting authority has no comments to offer.
b) The competent authority shall consider the representation of the officer reported upon, the comments of the reporting authority, reviewing authority and the accepting authority, if any, and may decide to expunge, modify or retain the remarks and upgrade, downgrade or retain the overall grading. The competent authority shall finalise the decision within a period of 30 days from the date of receipt of the representation.
(c) The decision shall be communicated to the officer reported upon through a reasoned order,by Custodian, within a period of 15 days of the decision.

15. Memorial
If the officer reported upon is not satisfied with the decision on his representation, he may submit a Memorial to the President within a period of ninety days of the receipt of the decision:
(i) Where the representation has been decided by an authority below Minister-in-charge of the Ministry/Department where the officer reported upon worked during the period of report - Memorial shall be decided by Minister-in-Charge;
(ii) Where the representation has been decided by Minister-in-Charge, the memorial shall be decided by the Minister-in-Charge on the recommendation of a Committee. The Committee shall be constituted by the Secretary of the Cadre Controlling Authority to which the officer belongs, and any two other Secretaries who may be nominated by the Minister in charge. The Secretary of the Cadre Controlling Authority to which the officer belongs shall be the Convenor Member of the Committee.

16. Recording of report in case of suspension
Report shall not be recorded for the period an officer is under suspension.

17. Applicability of rules and orders- Matters in respect of which no express provision has been made in these rules shall be determined by rules and orders issued by the Government from time to time.

18. Savings clause: Save as otherwise provided, the provisions of these rules shall not affect prejudicially anything done or omitted to be done in terms of various instructions issued from time to time prior to the notification of these rules. Provided that in respect of matters not covered by these rules, the instructions and orders issued by the Department of Personnel & Training prior to notification of the rules, shall stand.

19. General. -
The Central Government may issue instructions, not inconsistent with the provisions of these rules, or as it may consider necessary, with regard to the writing of the PARs, the maintenance of dossier and the effect of the PARs on the conditions of service of a Government servant.
Performance Appraisal Report draft circular of Central Civil Services Rules, 2019


Source: DoPT
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Wednesday, 25 September 2019

Central Civil Services CCS (Pension) Second Amendment Rules, 2019 - Gazette Notification


Gazette Notification - Central Civil Services CCS (Pension) Second Amendment Rules, 2019

CCS (Pension) Second Amendment Rules, 2019.

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Pension and Pensioners’ Welfare)

NOTIFICATION

New Delhi, the 19th September, 2019
Central-Civil-Services-Pension-Second-Amendment-Rules-2019


G.S.R. 673(E). - In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and 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 (Pension) Rules, 1972, namely :-

Check this: Government amends Rule 54 of CCS (Pension) Rules, 1972

1. Short title and commencement. (1) These rules may be called the Central Civil Services (Pension) Second Amendment Rules, 2019.
(2) They shall come into force from 1st day of October, 2019

2. In the Central Civil Services (Pension) Rules, 1972,-
(i) in rule 54,
(a) in sub-rule (3), -
  • (A) in clause (a), in sub–clause (i), the words “after having rendered not less than seven years’ continuous service” shall be omitted;
  • (B) in clause (b), in sub-clause (i), the words “after having rendered not less than seven years’ continuous service” shall be omitted;
(b) after sub-rule (3), the following sub-rule shall be inserted, namely: –
  • “(3A) Where of a Government servant who died within ten years before the 1st day of October, 2019, without completing, continuous service of seven years, his family shall be eligible for family pension at enhanced rates in accordance with sub-rule (3) with effect from the 1st day of October, 2019, subject to fulfilment of other conditions for grant of family pension.”
(ii) in rule 79, for clauses (a) and (b), the following clauses shall be substituted, namely:-
(a) For the purpose of Family Pension, 1964, if the family of the deceased Government servant has become eligible for family pension in accordance with sub-rule (2) of rule 54, the amount of family pension and the period for which it is payable shall be determined in accordance with sub-rule (3) of rule 54 within one month from the date of receipt of intimation of the date of death of the Government servant.
Also read: Central Civil Services (Leave) Second Amendment Rules, 2017

(b) For the purpose of death gratuity ,–
  • (i) If the entire service rendered by the deceased Government servant is not capable of being verified and accepted, the amount of death gratuity shall be provisionally determined in accordance with clause (b) of sub-rule (1) of rule 50 on the basis of the length of qualifying service which is verified and accepted immediately preceding the date of death of the Government servant and the amount of death gratuity, so determined shall be authorised to the beneficiaries on provisional basis within one month from the date of receipt of intimation of date of death of the Government servant.
  • (ii) The final amount of the death gratuity shall be determined by the Head of Office on the acceptance and verification of the entire spell of service by him within a period of six months from the date on which the authority for the payment of provisional death gratuity was issued and the balance, if any, becoming payable as a result of determination of the final amount of death gratuity shall then be authorised to the beneficiaries.”;
(iii) for Form 18, the following Form shall be substituted, namely:-
“Form 18
[See rules 78(1), 80(1), 80(3), 80 (5), 80-B (1) and 80-B (5)]
Assessment and authorisation of payment of family pension and death gratuity when a Government servant dies while in service
Download the FORM 18
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Friday, 26 July 2019

Filling up the post of Library & Information Officer in Level-11 of CCS(RP) Rules 2016 on Composite Method

DoPT Orders 2019

Filling up the post of Library & Information Officer in Level-11 of CCS(RP) Rules 2016 on Composite Method

F.No.21/07/2019-CS-I(P)
Ministry of Personnel, Public Grievances Pension
Department of Personnel & Training
(C.S.I Division)

2nd Floor, ‘A’ wing,
Lok Nayak Bhawan,
Khan Market, New Delhi
Dated 26th July, 2019

OFFICE MEMORANDUM

Subject:- Filling up the post of Library & Information Officer ( General Central Service, Group ‘A’ , Gazetted, Non-Ministerial) in Level-11 of CCS (RP) Rules 2016 in the Office of UPSC on Composite Method [ Deputation (including Short Term Contract) plus promotion basis] -reg.

The undersigned is directed to circulate herewith Vacancy Circular No. A.35021/02/2019-Admn-II dated 04.06.2019 (along-with enclosures) from Union Public Service Commission (UPSC) proposes to fill up one post of Library & Information Officer (General Central Services, Gr. A Gazetted, Non-Ministerial) in the Level 11 of CCS (RP) Rules 2016 in the Office of UPSC on deputation (including Short Term Contract) plus promotion basis.

It may be noted that cadre clearance from C.S.I Division will be required in case of Under Secretary and above level officers of CSS applying for deputation.

In case of any further clarification, applicants are requested to contact the concerned Ministries / Departments

(Sanjay Kumar Das Gupta)
Under Secretary to the Government of India

Source: DoPT
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Friday, 19 July 2019

Rules for filing IPRs - Rajya Sabha question


Ministry of Personnel, Public Grievances & Pensions
Rules for filing IPRs
18 JUL 2019
In terms of Rule 18 of the Central Civil Services (Conduct) Rules, 1964, Immovable Property Returns (IPRs) are required to be submitted by all Government servants on their first appointment to any service or post and subsequently to be submitted annually. Similar provisions are also available in All India Services (Conduct) Rules, 1968.

Department of Personnel & Training (DoPT) being the cadre controlling authority for Indian Administrative Service (IAS), Central Secretariat Service (CSS) and Central Secretariat Stenographers Service (CSSS) maintains the data in respect of officers belonging to these services. As per information in respect of these officers, IPRs for the year 2018, have not been filed by 52 IAS officers of the level of Joint Secretary & above, 163 CSS officers of the level of Under Secretary & above and 51 CSSS officers of the level of Principal Private Secretary & above.

DoPT, vide O.M. No. 104/33/2005-AVD-I dated 7.09.2011 and O.M. No. 11012/11/2007-Estt.(A) dated 27.09.2011, has prescribed that vigilance clearance shall be denied to the officers of All India Services and Central Civil Services/ Posts for certain purposes if they fail to submit their annual Immovable Property Returns of the previous year latest by 31st January of the following year.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Rajya Sabha today.

PIB
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Tuesday, 16 July 2019

Strengthening of administration Periodic review of Central Government Employees under Fundamental Rule (FR) 56(j)/(l) and Rule 48 of CCS (pension) Rules, 1972

 Strengthening of administration Periodic review of Central Government Employees under Fundamental Rule (FR) 56(j)/(l) and Rule 48 of CCS (pension) Rules, 1972

NFIR

No.25013/3/2019-Estt.A-IV
Government of India
Ministry of personnel, public Grievances & Pensions
Department of Personnel & Training
Establishment A-IV Desk

North Block, New Delhi
New Delhi, 20th June, 2019

Office MEMORANDUM

Subject: Strengthening of administration Periodic review of Central Government Employees under Fundamental Rule (FR) 56(j)/(l) and Rule 48 of CCS (pension) Rules, 1972

The undersigned is directed to refer to this Department’s O.M No.25013/1/2013-Estt.A dated 21.3.2014, OM No.25013/1/2013-Estt.A-IV dated 11.9.2015, 11.03.2016 and 10.8.2017 for periodic review of Central Government Employees for strengthening of administration under Fundamental Rule (FR) 56(j)/(l) and Rule 48 of CCS (pension) Rules, 1972.

The detailed guidelines on the above sunjeci are already in public domain at http://dopt.gov.in under Notifications -> OM & Orders -> Establishment -> Premature Retirement.

All Ministries / Departments are requested to undertake the periodic reviews in letter and spirit, including in public sector undertakings (PSUs) / Banks and Autonomous institutions, under their administrative control. Department of Public Enterprises will also compile and countercheck with all concerned Ministries / Departments.

The Ministries / Departments should ensure that the prescribed procedure like forming of opinion to retire a Government employee prematurely in public interest is strictly adhered to, and that the decision is not an arbitrary one, and is not based on collateral grounds as per the order of the Hon’ble Supreme Court in case of UOI & Col, J.N.Sinha [1571 SCR (1) 791].

All the Ministries / Departments shall furnish a report to Dop&T in the format given below by 15th day of each month starting from 15th July, 2019. Department of Public Enterprises are requested to also compile and countercheck the data with all concerned administrative Ministries / Departments in respect of PSUs before furnishing the report to DoP&T.

Number of employees to be reviewed under FR 56 (j) group-wise (A/B/C) – 1

Number of employees reviewed under FR 56 (j) group-wise (A/B/C) – 2

Number of employees reviewed and against whom FR 56 (j) invoked/ recommended group-wise (A/B/C) – 3

Number of employees retired prematurely under FR 56 (j) group-wise (A/B/C) – 4

(Surya Narayan Jha)
Under Secretary to the Government of India

Source: NFIR
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Friday, 21 June 2019

Periodic Review of Central Government Employees under FR 56(j)/(l) and Rule 48 of CCS(Pension) Rules, 1972

DoPT Orders 2019

Periodic Review of Central Government Employees under FR 56(j)/(l) and Rule 48 of CCS(Pension) Rules, 1972
Central-Government-Employees-CCS-Pension-rules-1972

No.25013/3/2019-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances & pensions
Department of Personnel & Training
Establishment A-IV Desk
North Block, New Delhi
New Delhi, 20th June, 2019
OFFICE MEMORANDUM

Subject :- Strengthening of administration - Periodic review of Central Government Employees under Fundamental Rule (FR) 56(j) / (l) and Rule 48 of CCS (Pension) Rules, 1972
The undersigned is directed to refer to this Department's O.M No.25013 /1/2013- Estt.A dated 21.3.2014, OM No.25013/1/2013- Estt.A-IV dated 11.9.2015, 11.03.2016 and 10.8.2017 for periodic review of Central Government Employees for strengthening of administration under Fundamental Rule (FR) 56(j)/(I) and Rule 48 of CCS(Pension) Rules, 1972.

The detailed guidelines on the above subject are already in public domain at http://dopt.gov.in under Notifications --> OM & Orders --> Establishment ---> Premature Retirement.

All Ministries/ Departments are requested to undertake the periodic reviews in letter and spirit, including in public sector undertakings (PSUs) / Banks and Autonomous institutions, under their administrative control. Department of Public Enterprises will also compile and countercheck with all concerned Ministries/ Departments.

The Ministries/ Departments should ensure that the prescribed procedure like forming of opinion to retire a Government employee prematurely in public interest is strictly adhered to, and that the decision is not an arbitrary one, and is not based on collateral grounds as per the order of the Hon'ble Supreme Court in case of UOI & Col. J.N.Sinha [1571 SCR (1) 791].

All the Ministries/ Departments shall furnish a report to DoP&T in the format given below by 15th day of each month starting from 15th July, 2019. Department of Public Enterprises are requested to also compile and counter check the data with all concerned administrative Ministries/ Departments in respect of PSUs before furnishing the report to DoP&T.

Number of employees to be reviewed under FR 56 (j) group-wise (A/B/C) - 1
Number of employees reviewed under FR 56 (j) group-wise (A/B/C) - 2
Number of employees reviewed and against whom FR 56 (j) invoked/ recommended group-wise (A/B/C) - 3 Number of employees retired prematurely under FR 56 (j) group-wise (A/B/C) - 4

(Surya Narayan Jha)
Under secretary to the Government of India
To
The Secretaries of All Ministries/ Departments
(as per the standard list)

Source: DoPT
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Thursday, 20 June 2019

Rule 10 CCS(RP) Rules, 2008 - revised pay scale and one increment may be granted on 01.01.2006, and the next increment on 01.07.2006

Rule 10 CCS(RP) Rules, 2008 - revised pay scale and one increment may be granted on 01.01.2006, and the next increment on 01.07.2006

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.3 D/o Expenditure, M/o Finance

6.3.5 Item No.3/19/ NC-47 - Benefit of proviso to rule 10 CCS(RP) Rules, 2008

Staff Side stated that benefit of Proviso to Rule 10 CCS (RP) Rules, 2008, to those who complete 1 year service at maximum has been sought. It has been stated that there are cases when employees drawing maximum of their Pay Scale complete one year after 01.01.2006 are denied the benefit of next increment in the revised pay structure. The pay may be fixed in the revised pay scale with effect from 01.01.2006 and one increment may be granted on 01.01.2006, and the next increment on 01.07.2006.

Reply of the Official Side:

As per Rule 10 of CCS(RP) Rules, 2008, in the 6th CPC regime, a uniform date of annual increment, viz 1st July of every year has been introduced, under which employees completing six months and above in the revised pay structure as on 1st July would be eligible for increment on 01.07.2006. OM dated 4.7.2014 has also stipulated that the increment on 01.01.2006 shall also be allowed to those who had reached the maximum of the applicable pre­ revised pay scale more than one year before 01.01.2006, and were in receipt of stagnation increment(s), provided the revised pay was fixed on 01.01.2006.

Therefore, the proposal/demand is not in consonance with the 1st Proviso to Rule 10 and the benefit of increment on 01.01.2006 cannot be given in these cases.

This item may be treated as closed.

Previous Agenda Item of 47th NC (JCM) Meeting
Item No. 11/10/NC-46 - A-l Status to Bangalore City

Next Agenda Item of 47th NC (JCM) Meeting
Item No. 11/19/NC-47 - Insisting on non-availability certificate from the Estate officer.
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Wednesday, 19 June 2019

DoPT Orders 2019 - Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965

DoPT Orders 2019

Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965

No: 1 1 01211512016-Estt A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk
North Block, New Delhi - 110001
Dated June 18,2019
OFFICE MEMORANDUM

Subject: Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965.
The Undersigned is directed to say that the following penalties prescribed in the Rule 11 of CCS (CCA) Rules, 1965, have a bearing on the pay of the officer:

11. Penalties

Minor Penalties -
(iii) (a) reduction to a lower stage in the time-scale of pay by one stage for a
period not exceeding three years, without cumulative effect and not adversely affecting his pension.
(iv) withholding of increments of pay;

Major Penalties -
(v) save as provided for in clause (iii) (a), reduction to a lower stage in the
time-scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay

(vi) reduction to lower time-scale of pay, grade, post or service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time-scale of pay, grade, post or service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period -
(a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent; and
(b) the Government servant shall regain his original seniority in the higher time scale of pay , grade, post or service;
2. Vide Central Civil Services (Revised Pay) Rules,2016 notified vide notification No. GSR 721(E) dated 25.07.2016, the present system of Pay Bands and Grade Pays have been dispensed with and a new system of pay matrix as specified under Part A of Schedule of Central Civil Service (Revised Pay) Rules, 2016 have been introduced. The status of the employee so far determined by Grade pay, will now be determined by Level in the Pay Matrix. Further, as per Rule 10 (1) of the CCS (Revised Pay) Rules, 2016, there are two dates for grant of increment namely, 1st January and 1st July of every year, instead of the existing date of 1st July.

3. As per clause 3 of the Central Civil Services (Revised Pay) Rules, 2016 'Level' is defined as under:
'Level' in the Pay Matrix shall mean the Level corresponding to the existing Pay Band and Grade pay or Scale specified in Part A of the Schedule."
4. In the light of implementation of the Revised (Pay) Rules, 2016, the regulation of pay on imposition of these penalties, is discussed in the subsequent paras:

A. Reduction to a lower stage of pay by one stage {Rule 11( iii a)}
On imposition of a penalty under this Rule, the pay would be fixed at the
next upper vertical cell in the same level in the pay matrix. In other words, in case of reduction by one stage, the revised pay would be the pay drawn in the same level at the stage before the last increment.

Note: The above mentioned penalty cannot be imposed on a Government

Servant drawing pay at the minimum of the Level.

B. Withholding of increment {Rule 11(iv)}

As already noted in para 2 above, increment is granted either on 1st January or 1st July of every year, as per the eligibility. Therefore, on imposition of penalty of withholding of increment, the next increment(s) due after the date of imposition of the penalty would be withheld. In case where penalty of withholding of multiple increments is imposed, increments due on 1st January or 1st July, as the case may be, in the subsequent years would similarly be withheld. The increment would be restored at the end of the period for which the penalty is imposed. The increments will be given on notional basis without arrears and without affecting date of next increment on restoration of increment.
This also applies to cases where the penalty is imposed for part of a year.

For instance, if the penalty of withholding of one increment for six months is imposed on a Government servant in October 2017, then withholding of increment will be on following manner:
When the date of increment is 1st January ?
The increment falling due on 1.01.2018 will be withheld for a period of next six months, that is, till 30.06.2018. The increment would be released on 1.07.2018 without arrear.

When the date of increment is on 1st July ?
The increment falling due on 1 07.2018 will be withheld for a period of next six months, that is, till 31.12.2018. The increment would be released on 01.01 .2018 without arrears.
C. Reduction to a lower stage in the time-scale of pay for a specified period [Rule 11( v)]
The process of imposition of penalty of reduction by one stage under Rule 11(iii a) explained above shall be repeated for every additional stage of reduction to the lower vertical cell in the same level of pay in the Pay Matrix.

Note 1: It is not permissible to impose a penalty under this rule if the pay after imposition of the penalty would fall below the first cell of the same Level.

Note 2: Disciplinary Authority may weigh all factors before deciding upon the quantum of penalty i.e. the number of stage by which the pay is to be reduced.

D. Reduction to lower time-scale of pay under Rule 11(vi)
In the case of imposition of penalty of reduction to lower time-scale of pay, the pay of the Government servant would be reduced to the stage of pay he/she would have drawn had he/she continued in the lower post for the period of penalty. The mode of fixation of pay in this case is similar to reversing the mode of fixation of pay on promotion.

However, Disciplinary Authority has the power, in terms of FR 2g, to indicate the pay which the Government servant on whom a penalty of reduction in rank has been imposed, would draw.
It may also be noted that a Government servant cannot be reduced in rank to a post not held earlier by him in the cadre.

For example.
  • A direct recruit Assistant Section Officer cannot be reduced to the lower rank like SSA/JSA.
  • A Government servant holding any post like LDC/ Tax Assistant etc. who qualifies as Assistant Section Officer as a Direct Recruit and is later promoted as section officer cannot be reduced to the rank, which was earlier held by him before ASo (DR) but only to that of an Assistant Section Officer.
5. Some illustrations on pay fixation on the above cases are annexed

6. In so far as the personnel serving in Indian Audit and Accounts Department are concerned, these instructions are being issued after consultation with the Comptroller and Auditor General of India.

7. Hindi version will follow
(Satish Kumar)
Under Secretary to the Govt. of India
Annexure-l
ILLUSTRATIONS
Reduction to lower stage in the time-scale of Pay

Example


LevelCellPay
On the date of Penalty97Rs. 63300
Reduction by 1 Stage96Rs.61500
Reduction by 2 Stage95Rs.59700
Reduction by 3 Stage94Rs. 58000
Reduction by 4 Stage93Rs. 56300
Reduction by 5 Stage92Rs.54700

Example: 2

Level Cell Pay
On the date of Penalty93Rs. 56300
Reduction by 1 Stage92Rs.54700
Reduction by 2 Stage91Rs. 53100
Reduction by 3 Stage******
Reduction by 4 Stage


Reduction by 5 Stage



** In the above illustration, a penalty of reduction by more than two stages would fall below the first cell of the same Level, such a penalty therefore, would not be implementable. Therefore, while imposing the penalty of reduction to a lower stage in time-scale of pay under Rule 11 (v) of the CCS (CCA) Rules, 1965, Disciplinary Authority may weigh all factors before deciding upon the quantum of penalty, i.e. the number of stages by which the pay is to be reduced.

Source: DoPT
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