Travelling Allowance claim by family of deceased Government Servants timelimt extended

Travelling Allowance claim by family of deceased Government Servants timelimt extended

Applicability of provision below SR-147 to the family of deceased Govt servant, in special circumstances- clarification regarding

No.19016/1/2015-E.IV
Government of India
Ministra of Finance
Department of Expenditure

North BlocK, New Delhi
Dated the 21st December, 2016

Office Memorandum

Sub : Applicability of provision below SR-147 to the family of deceased Govt servant, in special circumstances- clarification regarding.

Various references are being received in this Department seeking clarification from this Department as to whether Rule below SR-148 for admitting Travelling Allowance (TA) claim by family of deceased employees beyond one year period of the death of the employee is also covered under GOI decision 2(iii) below Rule SR-147 which provides that ‘TA to Central Government servant on retirement may be availed of by a Government servant who is eligible for it, at any time during his leave preparatory to retirement, or within one year of the date of his retirement and powers to extend the time-limit of one year will be exercised by the Administrative Ministries/ Departments with the approval of the FA concerned, in individual cases attendant with special circumstances.'

2. The matter has been considered in this Department and it has been decided that the above provision below SR-147 for extension of time limit of one year with the approval of FA of the concerned Ministry, will also be applicable in case of family of the deceased Govt. servant.

3. This is issued with the approval of Joint Secretary (Personnel).

(Nirmala Dev)
Deputy Secretary (EG)

Original Copy

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Review of Suspension: Suspension of Government Servant before expiry of 90 days

Review of Suspension: Suspension of Government Servant before expiry of 90 days

Controller General of Defence Accounts

Ulan Batar Road, Palam, Delhi Cantt 110010

No.AN/XIII/13006/Vol-XXII

Dated 22.09.2015

To
The PCsDA/CsDA
PCA(Fys)/CFAs(Fys)
PIFAs/IFAs
(Through Website)

Subject : Suspension of Government Servant-Review of Suspension

As per provisions contained in Rule 10 of CCS(CC&A) Rules, 1965 suspension of a Government servant is valid only for 90 days unless it is extended after review before expiry of 90 days. It has been observed by the MoD D(Vigilance) that the suspension order has been struck down on the ground that the same had not been reviewed by the reviewing authority before expiry of 90 days.

2. Therefore the Ministry has directed that the provisions of Rule 10(6) and 10(7) of CCS (CC&A) Rules, 1965 which provide for review, modify and extension of the suspension should strictly be observed in all such cases to avoid quashing of orders on technical grounds rather than on merits (copy attached)

3. In this context attention is also invited to DOPT OM No. 11012/4/2003-Estt. (A) dated 07.01.2014 containing review instruction and HQrs letter no. AN/XIII/13007/2A/Vol-IX dated 09.07.2014 regarding constitution of review committee.

4. It is requested that all such cases of suspension/review of suspension of Govt. servant may be reviewed on monthly basis in the light of above provisions/guidelines.

Please acknowledge receipt.

(V.K. Vijay)

C V O / Jt. CGDA

---

Most Immediate

Ministry of Defence

D(vigilance)

*******

Subject : Suspension of Government Servants – Review of Suspension order.

Attention is invited to Rule 10 of CCS(CCA) Rules, 1965 relating to Suspension of Govt. Servant by the competent authority on account of disciplinary proceedings pending or contemplated against him, or his engagement in activities prejudicial to the interest of the security of the State, or case pending against him in any criminal offence, or his detention or conviction in a criminal case. The suspension is valid only for 90 days unless it is extended after review for a further period before the expiry of 90 days. Of late the suspension order has been struck down on the ground that the same had not been reviewed by the competent reviewing authority before the expiry of 90 days while it remained in force.

2. It is hereby urged that the provisions of Rule 10(6) and Rule 10(7) of CCS(CCA) Rules, 1965 which provide for review, modify and extension of the suspension of the accused should be strictly observed in all such cases to avoid quashing of orders on technical grounds rather than on merits. Such cases may be reviewed on monthly basis by administrative sections of various civilians cadres of Ministry of Defence.

(Atul Kumar Singh)

Director (Vig)

Source: CGDA
[http://cgda.nic.in/adm/circular/suspension24092015.pdf]

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Journeys on use of own/ hired taxi on account of disability on LTC

Regulation of journeys on use of own/ hired taxi on account of disability of the Government Employees on LTC – CGDA Orders

Office of the Controller General of Defence Accounts,
Ulan Batar Road, Palam, Delhi Cantt-110010

Circular

No. AT/IV/4462/LTC Claim

Dated: 13th Jan 2015

To
All PCsDA/ CsDA
PCoA (F‘ys) Kolkata

Sub: Regulation of journeys on use of own / hired taxi on account of disability of the Govt. Servant on LTC.

Reference is invited to GoI, DoPT OM F No. 31011/3/2009-Estt.(A) dated: 28th Oct’2009.

2. The HQ office has been in receipt of references from Controllers regarding issues pertaining to the subject mentioned above. In this context it is stated that the matter was taken up with MoD (Fin) for clarification.

3. In this connection please find enclosed a copy of DoPT letter F.No. G-26033/I/Cash-13 (Pt.Fi1e) dated: 25.09.2014 received under MoD (Fin) ID No. 10(I)/2014/Fin QA dated: 14.10.2014 clarifying the point of doubts for information and further necessary action please.

4. The applicability of this clarification in r/o of Armed Forces personnel has separately been taken up with MOD D Mov. Further communication on this issue will follow on receipt of clarification from MoD D Mov.
Addl.CGDA has seen.

sd/-
Sr. Accounts Officer (AT-IV)

Clarification orders issued by Ministry of Defence on 7th July 2014…

Government of India
Ministry of Defence (Fin/QA)
Room No. 412-C. ‘B’ Wing,
Sena Bhawan New Delhi

Subject : Views/remarks regarding use of own/hired taxi on LTC on account of physically handicapped employees.

Reference: Jt.CGDA (AT Coord) U.O. No. AT/IV/4462/LTC Claim dt.07.07.2014
Attention of Jt.CGDA (AT-III) is drawn to his above referred U.O. seeking views/remarks regarding use of own/hired taxi on LTC on account of physical handicap.

2. The subject file was referred to DoPT for their comments. DoPT stated that if the clarification sought is in respect of Defence Personnel, then it is clarified that CCS (LTC) Rules, 1988 are not applicable to them. In case of civilian Government servants, the clarification provided by DoPT is enclosed for information.

3. O/o the CGDA is advised to strictly follow the advice rendered by DoPT in the matter and decide the LTC cases in respect of physically handicapped employees, accordingly.

sd/-
(Lajpat Rai)
AFA (QA)

Clarification orders issued by DoPT…

Department of Personnel & Training
Estt.A-IV Desk

F.No. G-26033/1/Cash-13 (Pt. File)

Ref. notes of Ministry of Defence on pre-pages seeking clarification regarding use of own/ hired taxi on LTC on account of physically handicap.

2. It is not clear from the notes as to whether the clarification sought for is in respect of civilian Government employees in the Defence services or Defence personnel. In case, the clarification sought is in respect of Defence Personnel, then it is clarified that CCS (LTC) Rules, 1938 are not applicable to them. In case of civilian Government servant the clarification is provided as under:

Points of Doubts raised by PcsDA/ CsDs and Remarks/view of DoPT

1. Whether a physically disabled officer who travels by air/ train on Temporary Duty can make use of own/ hired taxi on LTC?
As per DoPT’s O.M. No. 31011/3/2009-Estt.(A) dated 28th October, 2009, such relaxation to travel by own car/ hired taxi is available to only those Govt. servants who on account of physical handicap of self or dependant family members is unable to perform the LTC journey by the authorized modes of transport and are compelled to undertake the journey by own car/ private taxi.
It is believed that a Govt. employee who is able to travel by air/ train on Temporary Duty, is capable of undertaking the journey by the same on LTC also.

2. Whether the amount should be restricted to Rail fare by shortest route or the physically challenged officer using own/ hired taxi on LTC who is otherwise entitled to travel by air (i.e. drandng grade pay of Rs.5400/- and above).
The amount admissible to the physically disabled Govt. servant shall not be more than admissible if the journey is performed by the entitled class of rail/air (as per his entitled mode) by the shortest route or the actual taxi fare whichever is less, provided that the source station and destination station are connected by these modes of transport.

3. Whether it would be appropriate to admit air fare on notional basis for non-existing air routes or shortest routes, like Pune-Mumbai, Delhi-Faridabad, Delhi-Mathura etc. for Physically challenged officer using own/ hired taxi on LTC?
No, Air fare cannot be admitted on notional that too for the non-existing air route. Where the source station and Destination station are not connected by train or air transport, the claim shall be regulated in terms of the Department of Expenditure’s O.M. No. 19030/3/2008-E.IV dated 23rd September, 2008 as per the mileage allowance for journeys performed by road in own car/taxi.

Authority – www.cgda.nic.in

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