CCS (RP) Rules, 2016 - Opportunity for revision of option to come over to revised pay structure

CCS (RP) Rules, 2016 - Opportunity for revision of option to come over to revised pay structure

Office of the General Manager( Finance)
PAO, A.P.Circle, Hyderabad

No.180 / IFA/VIICPC/PF/clarifications

Dated: 22/05/2019

To
The Postmasters General,
Vljayawada / Visakhapatnam /Kumool /
Hyderabad/ Hyderabad HQs

Sir,
Subject: CCS (RP) Rules, 2016 - Opportunity for revision of option to come over to revised pay structure - Clarifications.

Ref: This office Lr. No.669/ PM·II/IFA/Genl./ 7thCPC Pay fixation dated 23.07.2018 .

Following the O.M.No.4-13/17/IC/E-IIA dated 12th December, 2018 issued by the Department of Expenditure, Ministry of Anance on the opportunity for revision of option to come over to reyised pay structure, this office has received references seeking clarification on the eligibility of the officials for exercising revised option from some of the units namely; O/o CPMG - Vijayawada, HRO - 'V' Division and Waltair RS HO in Visakhapatnam Division in A.P. Circle. The matter has been perused with reference to the OM dated 12.12.2018 and the CCS (RP) Rules, 2016 and the point of doubts are clarified as under:-

1. Point of doubt : In view of M.F., O.M. No.4-13/17-IC/E-IIIA dated 12th December, 2018 whether the officials who are awarded financial upgradation In Feb./ March/ August/ September, 2017 and December 2018 are eligible to exercise revised option to come over to revised pay structure on the date of their financial up-gradation under MACPS.

Clarification:- The Central Govt. employees have been permitted another opportunity to revise their Initial option to come into revised pay structure in terms of Rules 5 & 6 thereof of CCS (RP) Rules, 2016 vide M.F., OM No. 4-13/ 17-IC/E-IIIA dated 12-12-2018. Wherein, it has been also repeated to make the meaning dear that all other terms and conditions as laid down in the said Rules 5 & 6 shall continue to be applicable for the revised options. As per the second provision of the Rule 5, in cases where a Government servant has been placed in a higher grade pay or scale between 1st January 2016 and the date of notification of these rules on account of promotion or up-gradation, the Government servant may switch over to the revised pay structure from the date of such promotion or up-gradation, as the case may be. Hence it is clarified that the officials who ace awarded promotion/ financial upgradation after the date of notification of the CCS (RP) Rules, 2016 (j,e. 25.07.2016) are not entitled to exercise option/revised option -to come over to the revised pay structure on the date of their promotion/ financial upgradation.

2. Point of doubt: In view of M.F., O.M. No.4-13/ 17-IC/E-IIIA dated 12th December, 2018 whether the officials who are awarded financial upgradation In Feb./ March, 2017 under MACPS are eligible to exercise revised option to come over to revised pay structure on the date of their subsequent increment in pre revised pay structure (i.e. on 01.07.2017).

Clarification:- As furnished In the clarification on point of doubt - 1 above, all other terms and conditions as laid down In the Rules 5 &. 6 thereof shall continue to be applicable for exercising revised option. As per the first provision of the Rule 5, a Government servant may elect to Continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment In the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure. As per explanation-1 under the Rule 5, the option to retain the existing pay structure under the provisions to this rule shall be admissible only in respect of one existing pay Band and Grade pay or Scale.

Further, switching over to the revised pay structure either on 01-01-2016 or from a later date than 01-01-2016 i.e. on the date of promotion/ upgradation or the date next/ any subsequent increment, are applicable under Rule 5 in case of post/ Pay Band or Grade Pay held on 01-01-2016. Thus, if the date of next or any subsequent increment (i.e. on 01-07-2016 or any subsequent date of increment) for a post/Pay Band or Grade Pay held on 01-01-2016 falls after the date of promotion, then the date of next/ any subsequent increment for the post/ Pay Band or Grade Pay held on 01-01-2016 has no relevance for option, as this post/ Pay Band or Grade Pay on 01.01.2016 is no longer held on the date of next/ any subsequent date of Increment.

Hence. it is clarified that the officials who are awarded promotion/ financial up gradation under MACPS prior to the next or any subsequent date of increment in the pre revised Day structure are not entitled to exercise option/revised option to come over to revised Day structure on the date of next or any subsequent date of increment i e 01.07.2016 or 01.07.2017 etc. (With regards to the said clarifications this officer. No. 69/ PM-II/IFA/ Genl./ 7thCPC Pay fixation Visakhapanam by endorsing copies to all the Regional Offices and the Divisional Heads may also be referred to.)

Point of doubt on Method of fixation of pay: As per the representations, the officials are seem to be on the opinion that fixation of their pay on promotion/ up-gradation on or after 01 -01-2016 will be done first in pre revised pay structure (6th CPC) and then (after placement to the promotional grade in pre revised pay structure), the revision of pay in the revised pay structure will be done as per Rule 7 of CCS (RP) Rules, 2016.

Clarification : In case of an admissible option is exercised to come over to revised pay structure on the date of promotion/ up-gradation or on the date of next/ any subsequent increment in pre revised pay structure; revision of pay will be made first as prescribed in clause A of sub rule 1 under Rule 7 of the CCS (RP) Rules, 2016 w.r.t. the existing basic pay in pre revised pay structure-e i.e. in the prescribed existing Pay Band and Grade Pay, and after switching over to the r-evised pay structure, the fixation of pay on promotion (after 01.01.2016) shall be made as prescribed in rule 13 of the CCS-(RP) Rules, 2016.

This has the approval of the General Manager (Finance).,

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7th CPC Promotion : Fixation of Pay on Promotion from the Date of Next Increment Option - Dopt Orders with Illustration

7th CPC Promotion : Fixation of Pay on Promotion from the Date of Next Increment Option - Dopt Orders with Illustration

Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of CCS (RP) Rules, 2016-regarding.

No.13/02/2017-Estt.(Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi Dated 27th July, 2017

OFFICE MEMORANDUM

Subject: Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of CCS (RP) Rules, 2016-regarding.

Prior to implementation of 6th CPC Report, the pay fixation on promotion was governed by provisions of FR 22(I)(a)(1). In 6th CPC context, the first part of FR 22(I)(a)(1) was replaced by Rule 13 of CCS (RP) Rules, 2008. Similarly, consequent upon implementation of CCS (RP) Rules, 2016 in 7th CPC context, the pay fixation on promotion is regulated by the provisions of Rule 13 of CCS (RP) Rules, 2016. This rule regulates pay fixation on promotion if the same is opted by the employee from the date of promotion itself. The issue of relevancy of provisions of FR 22(I)(a)(1) as well as the methodology of fixation of pay on promotion to a post carrying duties and responsibilities of greater importance, of a Government Servant in case he opts for pay fixation from the Date of Next Increment (DNI) has been considered in this Department.

2. In this context, proviso under FR 22(I)(a)(1) inter-alia provides that the Government Servant (other than those appointed on deputation basis to ex-cadre post or on ad-hoc basis or on direct recruitment basis) shall have the option, to be exercised within one month from the date of promotion, to have the pay fixed under this rule from the date of such promotion or to have the pay fixed from the date of accrual of next increment in the scale of the pay in lower grade.

3. After due consideration in this matter, the President is pleased to decide as follows:

(i) FR 22(I)(a)(1) holds good with regard to availability of option clause for pay fixation, to a Government Servant holding a post, other than a tenure post, in a substantive or temporary or officiating capacity, who is promoted or appointed in a substantive, temporary or officiating capacity, as the case may be, subject to the fulfilment of the eligibility conditions as prescribed in the relevant Recruitment Rules,to another post carrying duties or responsibilities of greater importance than those attaching to the post held by him/her. Such Government Servant may opt to have his/her pay fixed from the Date of his/her Next Increment (either 1st July or 1st January, as the case may be) accruing in the Level of the post from which he/she is promoted, except in cases of appointment on deputation basis to an ex-cadre post or on direct recruitment basis or appointment/promotion on ad-hoc basis.

(ii) In case, consequent upon his/her promotion, the Government Servant opts to his/her pay fixed from the date of his/her next increment (either 1st July or 1st January, as the case may be) in the Level of the post from which Government Servant is promoted, then, from the date of promotion till his/her DNI, the Government Servant shall be placed at the next higher cell in the level of the post to which he/she is promoted.

(iii) Subsequently, on DNI in the level of the post to which Government Servant is promoted, his//her Pay will be re-fixed and two increments (one accrued on accoun tof annual increment and the second accrued on account of promotion) may be granted in the Level from which the Government Servant is promoted and he/she shall be placed, at a Cell equal to the figure so arrived, in the Level of the post to which he/she is promoted; and if no such Cell is available in the Level to which he/she is promoted, he/she shall be placed at the next higher Cell in that Level.

(iv) In such cases where Government Servant opts to have his/her pay fixed from the date of his/her next increment in the Level of the post from which he/she is promoted, the next increment as well as Date of Next Increment (DNI) will be regulated accordingly.

4. It is further reiterated that in order to enable the officials to exercise the option within the time limit prescribed, the option clause for pay fixation on promotion with effect from date of promotion/DNI shall invariably be incorporated in the promotion/appointment order so that there are no cases of delay in exercising the options due to administrative lapse.

5. In so far as their application to the employees belonging to the Indian Audit and Accounts Department is concerned, these orders issue in consultation with the Comptroller &Auditor General of India.

sd/-

(Pushpender Kumar)

Under Secretary to the Government of India

Authority: www.dopt.gov.in

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Fixation of pay of State Government Employees on their appointment in Central Government, subsequent to the implementation of CCS(RP) Rules, 2016

Fixation of pay of State Government Employees on their appointment in Central Government, subsequent to the implementation of CCS(RP) Rules, 2016

No.12/2/2016-Estt.(Pay -I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi
Dated the 11th May, 2017

OFFICE MEMORANDUM

Subject: Fixation of pay of State Government Employees on their appointment in Central Government, subsequent to the implementation of CCS (RP) Rules, 2016.

The undersigned is directed to state that the method of fixation of pay of State Government employees on their appointment under the Central Government has been spelt out in this OM Department's OM No.12/1/94-Estt.(Pay-I) dated 24.3.1994, 3.1.1996, OM No.13/2/1999-Estt(Pay-I) dated 18.6.2001 and OM No.12/1/2009-Estt(Pay-I) dated 28.8.2014.

2. The question of fixation of pay in the revised pay structure in cases of appointment from State Government to Central Government consequent upon been implementation of Central Civil Services (Revised Pay) Rules, 2016, has considered in consultation with the Department of Expenditure and the President is pleased to decide that in cases of appointment of State Government employees in Central Government on or after 1.1.2016, pay will be fixed in the following manner:-

(a) Where the State Government has revised the Pay Scales/Grade Pays of their employees on the pattern of Seventh Central Pay Commission at the base index of 261.41 as per AlCPI (IW)2001 series w.e.f.  1.1.2016 , the pay of employees from such State Government on their appointment under the Central Government would be fixed as follows:

(i) When the appointment is to a post in higher Level, one increment shall be given in the Level from which the employee is appointed and he / she would be placed at a Cell equal to the figure so arrived at in the Level of the post to which appointed and if no such Cell is available in the Level to which he/she is appointed, he/ she would be placed at the next higher Cell in that higher Level. However, if the amount so arrived at after adding the increment in lower Level is less than the minimum pay or the first Cell in the higher Level, the pay shall be fixed at minimum pay or first Cell of the higher Level.

(ii) Where the appointment is to a post involving identical Level, the individual shall continue to draw the same pay.

(b) Where the State Government has revised the Pay scales/Grade Pays of their employees after 1.1.206 beyond the base index of 261.41 as per AICPI (IW) 2001 series, the basic pay of the employee is to be determined first in the Central Pay Matrix by reducing the element of DA, ADA, IR etc. granted by the State Government after 1.1.2016 beyond the base index of 261.41 as per AICPI (IW) 2001 series and thereafter the pay would be fixed as provided in the clause (i) and (ii) under sub-para (a) above.

(c) Where the State Government has either not revised or revised the pay scale of their employees on or after 1.1.2016 below the base index of 261.41 as per AICPI (IW) 2001 series, the basic pay of these employees shall be determined first in the Central Pay Matrix, by adding the element of DA, ADA upto the base index of 261.41 as per AICPI (IW) 2001 series, granted by the State Government and thereafter their pay would be fixed as provided in the clause (i) and (ii) under sub-para (a) above.

3. These orders are applicable to employees of the State Government and Local Bodies under the Sta te including Emergency Divisional Accountants/Divisional Accountants appointed under Central Government on or after 1.1.2016.

4. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller 86 Auditor General of India.

5. Hindi version will follow.

(Pushpender Kumar)
Under Secretary to the Government of India

DoPT Order

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DoPT Instruction regarding fixing of timelines for finalizing disciplinary proceedings

DoPT Instruction regarding fixing of timelines for finalizing disciplinary proceedings

F.No.11012/9/2016-Estt.A-III

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training Establishment Division

North Block, New Delhi - 110001
Dated: 7 March, 2017

OFFICE MEMORANDUM

Subject: Amendment in Central Civil Services (Classification, Control & Appeal) Rules, 1965 regarding fixing of timelines for finalizing disciplinary proceedings - regarding.

The undersigned is directed to say that it has been proposed to amend the CCS(CC&A) Rules 1965 by introducing stringent timelines for completing Disciplinary proceedings in a time bound manner. The proposed draft Notification for amending CCS (CCA) Rules, 1965 is enclosed herewith. Before framing the Rules, all stakeholders, Ministries / Departments are requested to offer their comments/views, if any, in this regard at the e-mail address poulose.ev13.nic.in latest by 21st March, 2017.

(Poulose.E.V)
Under Secretary to the Govt. of India

Authority: www.dopt.gov.in

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Revision of Provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972

Revision of Provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972

No.25014/05/2016.AIS-II
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi - 110001
Dated the 17 January, 2017

To
The Chief Secretaries of all the
State Governments and UTs.

Subject: Revision of Provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972.

Sir,
I am directed to refer to the Department of Pension and Pensioner Welfare's OM No.38/6/2010-P&PW(A)(Pt.) dated 18th March, 2013 (copy enclosed) regarding "Revision of Provisional pension.".

2. The applicability of the provisions of the aforesaid OM regarding grant of Provisional Pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972 has been considered by this Department and it has been decided to make the provisions of the aforesaid Office Memorandum of Department of Pension and Pensioner Welfare regarding "Revision of Provisional Pension" applicable, mutatis-mutandis, to the All India Service Pensioners to whom provisional pension was sanctioned under Rule 6 of All India Service (Death-Cum-Retirement-Benefits) Rules, 1958.

Yours faithfully,

(Rajesh Kumar Yadav)
Under Secretary of Government of India

Authority: http://dopt.gov.in/

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Implementation of Revised Pay Rules 2016 for Defence Civilians

Implementation of Revised Pay Rules 2016 for Defence Civilians

Office of the Principal controller of Defence Accounts (Central Command)
Cariappa Road, Cantt., Lucknow – 226002

No.PT/3088/Pay Fixation/VIIth CPC

Dated: 10-08-2016

To,
The Officer -in- Charge,
———
Subject: Implementation of Revised Pay Rules 2016 for Defence Civilians.

As per OM No.1-5/2016-IC dated 29.07.2016, the payment of pay and Allowances for the month of August 2016 will be made in August 2016 along with the arrears of pay from 01.01.2016 till 31.07.2016.
In this connection, you may refer to the Gazette Notification notified by Govt. Of India dated 25.07.2016.
The units under your jurisdication may be advised to forward the following documents for pay fixation as per 7th CPC.

1. Statement of fixation of pay as per CCS(RP) Rules, 2016 duly filled in and signed by the competent authority.
2. Service Books along with previous approved pay fixation proforma and connected documents.
3. The service Book should be updated in all respects.
4. The service Book may be sent by enclosing an undertaking as prescribed in “Form of Option” under Rule 6 (2) of the CCS (RP) Rules 2016. The Overpayment, if any, made to the individual may be recovered from his future payments.

The contents of RPR-2016 may be got noted by each individual under your jurisdiction and also obtain a Certificate from all staff members for the same

Sd/-
S.A.O.
(Pay Tech.)

Source : http://pcdacc.gov.in/

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Verification of qualifying service after 18 years service and 5 years service before retirement

Verification of qualifying service after 18 years service and 5 years service before retirement

RBE No : 83/2016

Government of India
Ministry of Railway
(Railway Board)

No. F(E)III/2008/PN1/13

New Delhi, Dated 11.07.2016

Subject: Verification of qualifying service after 18 years service and 5 years service before retirement

The provision regarding verification of qualifying service after 18 years service and 5 years service before retirement already exists in Rule 47 of Railway Service (pension) Rules, 1993. However, a copy of instruction issued by the Department of Pension and Pensioners’ Welfare (DOP & PW) vide their O.M No. 1/19/2013-P&PW (E) dated 16.09.2015 on the above subject is enclosed for information and compliance. The Rule 32 of CCS (pension) Rules mentioned in the said O.M. corresponds to Rule 47 of Railway Services (Pension) Rules, 1993.

2. Please acknowledge receipt.

Sd/-
(Sanjay Prashar)
Deputy Director, Finance (Estt.)III,
Railway Board

Source : NFIR

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Central Government takes strict action against defaulting/non performing tax officers

Central Government takes strict action against defaulting/non performing tax officers

Press Information Bureau

Government of India

Ministry of Finance

05-May-2016 17:28 IST

Government takes strict action against defaulting/non performing tax officials/officers; For the First Time, 33 officials/officers including 7 Group ‘A’ officers prematurely retired for non-performance and 72 officers/officials including 6 Group ‘A’ Officers dismissed in other departmental / disciplinary actions in the last two years.

There is a general perception that no action is taken against the defaulting tax officials for their non performance as well as in case of harassing the tax assesses among others. The present Government has taken various steps to change this perception following the principle of good governance. After the present Government took over two years back, it has taken strict action against such revenue officers/officials in order to fix their accountability.

For the first time, 33 officers / officials of the Revenue Services, including seven Group ‘A’ officers, have been prematurely retired for non-performance under Rule 56(j) of CCS (Pension) Rules. Further, 72 officers / officials have been dismissed including six Group ‘A’ officers, in other departmental/ disciplinary actions in the last two years.

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Central Civil Services (Leave Travel concession) Rules, 1988 – Reimbursement of rail fare on LTC in respect of children of 5-12 yrs age group

Central Civil Services (Leave Travel concession) Rules, 1988 – Reimbursement of rail fare on LTC in respect of children of 5-12 yrs age group

No. 31011/3/2016-Estt (A.IV)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

Establishment A-IV Desk

North Block, New Delhi-110 001

Dated: April 29, 2016

OFFICE MEMORANDUM

Subject:- Central Civil Services (Leave Travel concession) Rules, 1988 – Reimbursement of rail fare on LTC in respect of children of 5-12 yrs age group.- Clarification reg.

As per Railway Board’s circular No. 71 of 2015, Ministry of Railways have decided that in case of children above 5 years and under 12 years of age, for whom full berth/seat is sought at the time of reservation, full fare shall be charged. It is mentioned that if berth/seat is not sought for the children of age 5 years and under 12 years of age at the time of reservation, then half of the adult fare shall continue to be charged subject to minimum distance for charge. This would be effective for the travel w.e.f. 10.04.2016.

2. In this regard, several references have been received in this Department from various Ministries/ Departments seeking clarification as to whether the full fare charged by the Railways for reservation of berth for children between 5 years and 12 years shall be reimbursable while availing LTC facility.

3. The matter has been examined in consultation with Department of Expenditure, Ministry of Finance and it has been decided that for the family members of the Government servant, aged between 5 yrs and under 12 yrs, the actual rail fare shall be reimbursed for LTC, as per the choice of rail tickets purchased by the Government servant.

(Surya Narayan Jha)

Under Secretary to the Government of India

To
The Secretaries
All Ministries / Departments of Government of India.
(As per the standard list)

Circular Portal

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Wrong Information by Central Government Pensioners to be Treated as Criminal Offence

Wrong Information by Central Government Pensioners to be Treated as Criminal Offence

If central government pensioners provide wrong information to the government, they shall face criminal cases.
Most high-ranking Central Government employees, after retirement, usually find employment in private sectors, and non-governmental organizations. If a former Central Government employee gets employed with a non-governmental organization, he/she is required to provide information about it to the Government.

While providing the information, the person has to ensure that the organization that he/she belongs to is not involved in activities that are contrary to the government’s foreign policies, national security, and goodwill in the society, or is involved in activities or campaigns that could disrupt them.

The person has to also ensure that the agency is not involved in activities that could earn commercial gains. Criminal action will be taken against the pensioner if he/she hides such information and gives false details to the government.

In addition to these, retired officials of the Central Government will also have to provide all the details of the organization that they are employed with, the reason for accepting the employment, their PAN card number, and information on the kind of activities that the organization is involved in.

The information was provided by sources at the Central Government Employees Welfare Department.

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Dopt instructions regarding timely issue of Charge-sheet

Dopt instructions regarding timely issue of Charge-sheet

“The reasons for suspension should be communicated to the Government servant concerned at the earliest, so that he may

be in a position to effectively exercise the justify of appeal available to him under Rule 23 (i) of the CCS (CCA) Rules, 1965, if he so desires. The time-limit of forty five days for submission of appeal should be counted from the date on which the reasons for suspension are communicated.”

G.I., Dept. of Per. & Trg., O.M.F.No.11012/17/2013-Estt.(A), dated 3.7.2015

Subject: Central Civil Services (Classification, Control and Appeal) Rules, 1965 – instructions regarding timely issue of Charge-sheet – regarding.

The undersigned is directed to refer to DoP&T O.M. of even no. dated 2nd January, 2014 regarding consolidated instructions on suspension and to say that in a recent case, Ajay Kumar Choudhary vs Union of India Civil Appeal No.1912 of 2015 dated 16/02/2015 the Apex Court has directed as follows:
We, therefore, direct that the currency of Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/ Chargesheet is not served on the delinquent officer/ employee;

2. It is noted that in many cases charge sheets are not issued despite clear prima facie evidence of misconduct on the ground that the matter is under investigation by an investigating agency like Central Bureau of Investigation etc. In the aforesaid judgement the Hon’ble Supreme Court has superseded the direction of the Central Vigilance Commission that pending a criminal investigation departmental proceedings are to be held in abeyance.

3. In this connection, attention is invited to this Department O.M. No.35014/1/81- EsttA dated 9.11.1982 which contained the guidelines for timely issue of charge-sheet to Charged officer and to say that these instructions lay down, inter-alia, that where a Government servant is placed under suspension on the ground of “Contemplated” disciplinary proceedings, the existing instructions provide that every effort would be made to finalise the charges, against the Government servant within three months of the date of suspension. If these instructions are strictly adhered to, a Government servant who is placed under suspension on the ground of contemplated disciplinary proceedings will become aware of the reasons for his suspension without much loss of time. The reasons for suspension should be communicated to the Government servant concerned at the earliest, so that he may be in a position to effectively exercise the justify of appeal available to him under Rule 23 (i) of the CCS (CCA) Rules, 1965, if he so desires. The time-limit of forty five days for submission of appeal should be counted from the date on which the reasons for suspension are communicated.

4. All Ministries/ Departments are requested to bring the above guidelines to the notice of all concerned officials for compliance.

Click to view the order
Authority : www.persmin.gov.in

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Requirement of taking prior permission for leaving station/ headquarters from going abroad while on leave

Requirement of taking prior permission for leaving station/ headquarters from going abroad while on leave

F.No.11013/8/2015-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 29th, 2015

 OFFICE MEMORANDUM

Subject: Requirement of taking prior permission for leaving station/ headquarters from going abroad while on leave.
 
Undersigned is directed to say that a need for further streamlining the procedure for grant of permission for going abroad on private visit has been felt. A draft of instructions and the formats for grant of permission are attached. Comments/ views, if any, in this regard may be sent to the e-mail address mp.ramarao@nic.in latest by 10th July, 2015.

(M. P. Rama Rao)
Under Secretary to the Government of India
Tel: 23040264

Authority: www.persmin.gov.in

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Disciplinary action may be taken against Central Government Employees who are habitual late attendance – Dopt Orders on 22.6.2015

Disciplinary action may be taken against Central Government Employees who are habitual late attendance – Dopt Orders on 22.6.2015

Dopt once again issued orders on the subject of punctuality in Government Offices. The order is directed to take disciplinary action against Central Government employees who are habitual late attendance.

Observance of punctuality in Government Offices – Dopt Orders

G.I., Dept. of Per.& Trg., O.M.No.11013/9/2014-Estt.A-III, dated 22.6.2015

Subject: Observance of punctuality in Government Offices.

Instructions have been issued from time to time with regard to the need to observe punctuality by Government servants. Responsibility for ensuring punctuality in respect of their employees rests within Ministries/ Departments/ Offices.

2. The decision to introduce AADHAR enabled Bio-metric Attendance System (AEBAS) in Central Government offices, including attached/ sub-ordinate offices, to replace the manual system of marking of attendance to ensure punctuality is to be implemented in all Ministries/ Departments. This Department vide O.M. of even no. dated 21.11.2014 and 28.01.2015, while recognizing that the Biometric Attendance System is only an enabling platform had, inter-alia, stated that there was no change in the instructions relating to office hours, late attendance etc.

3. In this connection attention is invited to Rule 3(1)(ii) of CCS (Conduct) Rules, 1964 which stipulates that every Government servant shall at all times maintain devotion to duty. Habitual late attendance is viewed as conduct unbecoming of a Government servant and disciplinary action may be taken against such a Government servant. It is also added that punctuality in attendance is to be observed by Government servants at all levels.

4. It is also requested that the necessary directions may be issued to all employees to mark their attendance in BAS portal on regular basis.

Click to view the original order

Authority: www.persmin.gov.in

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Submission of Fake Caste Certificates

Submission of Fake Caste Certificates

Information about appointments secured on the basis of fake/false caste certificates is not centrally maintained.

However, the Central Government had undertaken a one-time exercise to collect information about appointments secured on the basis of fake/false caste certificates in the year 2010. As per information received from various Ministries/Departments etc. 1832 appointments were allegedly secured on the basis of fake/false caste certificates. Disciplinary proceedings had been instituted in all the cases. It was reported that out of the above 1832 cases, 276 had resulted in suspension/removal etc, whereas 521 cases were entangled into litigations and in remaining 1035 cases disciplinary proceedings were pending.
The Government instructions provide that an appointing authority should verify the caste status of SC/ST/OBC candidates at the time of initial appointment as well as at the time of promotion.

Chief Secretaries of States/Union Territories have been requested to issue instructions to the District Magistrates/ District Collectors/ Deputy Commissioners of the Districts to the effect that when asked to verify the veracity etc. of caste certificates, they should ensure at their own level that veracity of the caste/community certificate referred to the district authorities is verified and reported to the appointing authority within one month of receipt of request from such authority. In order to rule out collusion between candidates holding false/forged certificate and employees at the district level or sub-district level, disciplinary proceedings may be initiated against officers who default in timely verification of caste status in such cases or issue false certificates.

This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in a written reply to a question by Shri Rattan Lal Kataria in the Lok Sabha today.

Source: PIB News

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Central Civil Services (Joining Time) amendment orders issued by DoPT

Central Civil Services (Joining Time) amendment orders issued by DoPT

Central Civil Services (Joining Time) (Amendment) Rules, 2015.

G.I., Dept. of Per. & Trg., Notification F.No.19011/03/2013-Estt.(AL), dated 27th March, 2015

G.S.R. 229(E) – In exercise of the powers conferred by the proviso to article 309 read with 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 (Joining Time) Rules, 1979, namely :—

1. (1) These rules may be called the Central Civil Services (Joining Time) (Amendment) Rules, 2015.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Joining Time) Rules, 1979,-

(i) In rule 4, for sub-rule (4), the following sub-rule shall be substituted, namely:—
“(4) For appointment to posts under the Central Government on the results of a competitive examination or interview or both open to Government servants and others, the Central Government employees and permanent or provisionally permanent State Government employees shall be entitled to joining time under these rules, if such Government servants opt for having their past service m the Central Government or State Government counted for all purposes in the Central Government”;

(ii) In rule 5, in sub-rule (4), for the existing Note, the following Notes shall be substituted, namely:—
“Note 1: Distance means actual distance travelled and not weighted mileage for which fare is charged by the Railways in certain ghat or hill regions.

Note 2: In case of transfer of a Government servant to or from Eastern Region, including Sikkim, Andaman and Nicobar Islands, Lakshadweep and Ladakh, two days additional time shall be admissible over and above the normal joining time reckoned on the basis of actual distance between their old and new place of posting”;

(iii) In rule 6, for sub-rule (1), the following sub-rule shall be substituted, namely:—
“(1) The period of unutilized joining time shall be regulated in terms of the provisions of sub-clause (ii) of clause (a) of sub-rule (1) of rule 26 of the Central Civil Service (Leave) Rules, 1972″;

(iv) after rule 7, the following Notes shall be inserted, namely:—
Note I: The sanction of the admissible joining time shall be accorded by the competent authority exercising the administrative control over the Government servant proceeding on transfer.
Note 2: The joining time pay shall be paid for by the new administrative authority where such Government servant joins on transfer”.

[F. No. 19011/03/2013-Estt.(AL)]

MAMTA KUNDRA, R. Secy.

Note: The principle rules were published in the Gazette of India, Part-II, Section 3, Sub-section (i) vide G.S.R. No. 695 dated the 15th September, 1979, and subsequently amended- vide notification number G.S.R. 90 dated 27th December, 1982 and notification number G.S.R. 197 dated 10th March, 1989.

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Amendment of CCS Rules for Persons with Disabilities

Amendment of CCS Rules for Persons with Disabilities

The Department of Personnel & Training (DoPT) has issued a fresh set of Instructions to all Ministries/Departments granting relaxation in the Central Civil Services (Leave) Rules, 1972 for Disabled employees. In an Office Memorandum dated February 25, 2015, the DoPT has reiterated that the disabled employees will be entitled to pay, promotion and other service benefits even if they cannot be taken back to the post they were holding or are adjusted or kept waiting until a suitable vacancy arises.

The medical leave on account of disability will not be subject to ceiling under Rule 12 and any leave debited for the period after a Government servant is declared incapacitated shall be remitted back into his/her leave account.

The leave applied on medical certificate in connection with disability cannot also be refused or revoked without reference to a Medical Authority, whose advice shall be binding. Leave will also be granted even if the Government servant’s family member submits an application/medical certificate in case the employee is unable to do so on account of the disability.

The services of an employee can neither be terminated nor reduced in rank in case the employee has acquired a disability during his service. Any disabled employee who is not fit to return to duty shall be shifted to some other post. If that is not possible, the disabled employee shall be kept on a supernumerary post until a suitable post is available or he attains superannuation. Besides, no promotion shall be denied to a person simply on ground of his/her disability.

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Importance of following the due process in disciplinary proceedings – DOPT Orders issued on 18.2.2015

Importance of following the due process in disciplinary proceedings – DOPT Orders issued on 18.2.2015

G.I., Dep. of Per. & Trg.,
O.M.F. No.11012/3/2015-Estt.A-III,
dated 18.2.2015

Subject: Importance of following the due process in disciplinary proceedings – regarding

This Department has been emphasising the necessity of conforming with the procedures prescribed in the Central Civil Services (Classification, Control & Appeal) Rules, 1965 [CCS(CCA) Rules, 1965] while dealing with the disciplinary proceedings conducted in Ministries/ Departments. Many a times the Hon’ble Administrative Tribunals and Courts have held the proceedings non-est for non-conformity of the procedure, without even going into the merits of the case. This issue was highlighted recently in the judgement of the Hon’ble Supreme Court in the B. V. Gopinath case in SLP No. 6348/2011.

2. Procedural lapses have also been noticed in a few cases referred to this Department for advice. Two areas where procedural lapses are frequently noticed are: (i) not following the procedure prescribed in Rule 14(18) of CCS (CCA) Rules, 1965 while conducting the disciplinary inquiry; and (ii) not following the procedures laid down in Rule 9 of CCS(Pension) Rules, 1972 in the case of proceedings against retired Government servants.

3. Rule 14(18) of CCS (CCA) Rules, 1965, provides that, “the inquiring authority may, after the Government servant closes his case, and shall, if the Government servant has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the Government servant to explain any circumstances appearing in the evidence against him.”. This is a formal action required to be taken by the inquiry officer before closing the inquiry. It has been seen that many a times this is not formally recorded and the inquiry gets vitiated. It is imperative that the inquiry is conducted strictly in accordance with the procedures prescribed.

4. Attention is also invited to Rule 9 of the Central Civil Services (Pension) Rules, 1972, while lays down that the departmental proceedings, if instituted while the Government servant was in service, whether before his/her retirement or during his re-employment, shall, after his/her final retirement, be deemed to be proceedings under the rule and shall be continued and concluded by the authority which
commenced them, in the same manner as if the Government servant had continued in service. This rule also stipulates that where the departmental proceeding is instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President.

5. All Ministries / Departments are requested to please bring to the attention of all concerned the necessity of conforming to the procedures prescribed for conducting departmental proceedings.

6. In this regard, attention is also invited to the ISTM publication ‘Handbook for Inquiry Officers & Disciplinary Authorities, 2013′, which can be used as a reference guide in such matters. The Handbook may be accessed under ‘Publications/Reports’ on this Department’s website: http://persrnin.nic.in/DOPT.asp.

Source:  www.persmin.gov.in

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Dopt orders Feb 2015: Submission of declaration of assets and liabilities by the public servants for each year

Submission of declaration of assets and liabilities by the public servants for each year – Dopt orders Feb 2015

G.I., Dep. of Per. & Trg.,
O.M.F. No. 11013/3/2014-Estt.(A),
dated 17.2.2015

Subject: Central Civil Services (Conduct) Rules, 1964 and The Lokpal and Lokayuktas Act, 2013 — Submission of declaration of assets and liabilities by the public servants for each year — regarding

The undersigned is directed to refer to this Department’ OM of even no. dated /16.01.2015 clarifying the provisions relating to submission of declaration of assets and liabilities by the public servants. As per this clarification, all Government Servants have been advised that:

(i) The annual Immovable Property Return (IPR), as on 31.12.2014, under the existing CCS(Conduct) Rules, 1964 is required to be filed on or before 31.01.2015;
(ii) The first return under the Lokpal and Lokayuktas Act, 2013 (as on 01.08.2014) should be filed on or before 30.04.2015; and
(iii) The next annual return under the Lokpal and Lokayuktas Act, 2013, for the year ending 31.03.2015, should be filed on or before 31.07.2015.

2. The Secretaries of all Ministries/ Departments have also been requested that all concerned may be suitably advised to file the IPRs and the return under the Lokpal Act as per the dates indicated above. A compliance report in respect of the IPRs filed by Group ‘A’ Officers of the Central Civil Services, as on 31.01.2015, has also been requested by 30.04.2015. It has also been requested that similar action may be taken by the authorities controlling services not covered by the Central Civil Services (Conduct) Rules, 1964.

3. In this regard it has been directed that all preparatory steps for the purpose of filing returns under the Lokpal and Lokayuktas Act, 2013, be put in place. An online system for filling the annual declarations of assets and liabilities by the public servants, as in PRISM (Property Related Information System) for IAS officers developed by NIC, may be adopted.

4. The Cadre Controlling Authorities are accordingly requested to please take immediate steps for putting in place all preparatory steps.

5. Hindi version will follow.

Source: www.persmin.gov.in

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Confederation writes to Cabinet Secretary regarding the declaration of Assets and Liabilities by Central Government Employees

Confederation writes to Cabinet Secretary regarding the declaration of Assets and Liabilities by Central Government Employees and Exhibiting all the details of movable assets in the website accessible to everyone…

CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS
1st Floor, North Avenue PO Building, New Delhi – 110001
Website: WWW. Confederationhq.blogspot.com
Email: Confederationhq@yahoo.co.in

Patron S.K.Vyas 09868244035

President K.K.N.Kutty 09811048303

Secretary General M.Krishnan 09447068125

NO. CONF/GENL/2014

DATED – 11-09-2014

To
The Cabinet Secretary
Government of India
Cabinet Secretariat, Rashtrapati Bhawan,
New Delhi – 110001

Sir,

Sub: – Declaration of assets and liabilities by Govt. Employees – exhibiting the details of movable assets in the website – regarding.

All the Central Govt. employees, as per the latest order of the Department of Personnel & Training (DOP&T) have to declare their assets and liabilities, both movable and immovable, as well as their spouses and dependents latest by 15th December 2014. All these informations would be then be put up by the respective ministries on their website accessible to everyone.

A large number of Central Govt. Employees have expressed their fear that putting up details of movable assets such as jewellery and cash in hand and bank would pose a security threat to them and their dependents, leave their children vulnerable to kidnapping and ransom demands.

There are various sources the Government employees would have accumulated wealth such as gift from parents, grandparents property, self-earning, wife-side property, or children’s contribution etc. Putting this information in the public domain would leave them and their family members vulnerable.

It is therefore requested that necessary action may be taken in this regard, so that all such information as stated above shall not be displayed on public domain.

Yours faithfully,

(M. Krishnan)
Secretary General
Mob: 09447068125

e-mail: mkrishnan6854@gmail.com

Source: http://confederationhq.blogspot.in/

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Information about Assets Owned by Central Government Employees’ Spouses Delhi High Court Grants Interim Ban

Delhi High Court Grants Interim Ban on Providing Information about Assets Owned by Central Government Employees’ Spouses

The Delhi High Court has imposed an interim ban on one of the conditions of the Lokpal Act, which stipulates that in addition to the details of the properties owned by himself/herself, the Central Government employee must also submit information about the properties and assets owned by the spouse and children.
Since 2011, it has been made compulsory for higher officials to submit annual reports containing details of the immovable properties owned by them. But, now it was ordered as per the Lokpal Act, that all Central Government employees (Group A, B, and C) must submit the details of their properties and liabilities on or before September 15. The deadline has now been extended to 15th December 2014. And, collecting of these informations would be then be put up by the respective ministries on their website.

Along with information of properties possessed by them, Central Government employees will also have to submit details of the properties owned by their spouses and children. The rule is applicable to male and female Central Government employees.

Details that have to be presented by the Central Government employee, regarding properties owned by him, his spouse and children include –

• Liquid cash
• Cash in savings accounts and all other deposits
• Investments in bonds, debentures and mutual funds
• Investments in Post Office Monthly Income Schemes, and insurance plans
• Details of investments in new pension investment schemes
• Motor vehicle registration numbers and value
• Jewellery, gold and other precious metals (details of the weights)
• Details of the immovable properties (plot/house/flat/commercial establishment/industry, etc.)
• Details of debts and liabilities (of self/spouse’s/children’s)

Meanwhile, opposition to this order issued by the Centre continues to grow. A petition was presented at the Delhi High Court praying for revoking the order, stating that it was wrong on the part of the Government to demand details of the properties owned by the spouses and children of the Central Government employees.

After examining the petition, Justices Raghavendra Bhatt and Vipin Singh, of the Delhi High Court have issued a conditional interim stay on the orders demanding information on the properties owned by the spouses and children of the Central Government employees.

Final orders will be issued in the month of November. Until then, the interim ban is applicable to all the Central Government employees.

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