Empanelment cases – Below Benchmark grading in ACRs prior to reporting period 2008-09(DOPT)

Empanelment cases – Below Benchmark grading in ACRs prior to reporting period 2008-09(DOPT)

No.21011/14/2016-Estt(A-II)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

North Block, New Delhi.

9th July 2019

OFFICE MEMORANDUM

Subject: Below Benchmark grading in ACRs prior to reporting period 2008-09 – Empanelment cases.

Reference is invited to this Department 0.M. No.21011/1/2010-Est(A) dated 13.04.2010, vide which decision of the Government was conveyed that if an employee is to be considered for promotion in a future DPC and his ACR prior to the period 2008-09, which would be recknonable for assessment of his fitness in such future DPCs, contain final grading which are below the benchmark for, his next promotion, the concerned employee will be given a copy of the relevant. ACR for his representation, if any, before such ACRs are placed before the DPC. Subsequently, vide D.M. of even number dated 22.05,2014, it was further clarified that in cases where benchmark at one level varies from a benchmark at another level ;post and where the ACRs prior to the period 2008-09 are also reckonable for assessment of his fitness in any DPC subsequent to the next promotion (including any empanelment/financial upgradation), a copy of the ACR shall be given to the officer concerned, for representation, if any.

2. The matter has been considered in this Department with reference to empanelment for holding posts at the level of Joint Secretary/Additional Secretary/Secretary under Central Staffing Scheme (CSS). The process of empanelment under CSS and the process of empanelment for promotion in the cadre, are distinct. Unlike promotion in the cadre, where a fixed benchmark is prescribed, empanelment for holding posts under CSS is done on the basis of evaluation of ,ACRs/APARs, overall service record, vigilance status of officers and Multi-source Feedback from relevant stakeholders etc. as per the extant, guidelines in this regard. There is no pre-determined benchmark, as such, for empanelment under CSS.

3. It is, therefore, clarified that the provisions of DoP&Ti’s D.M. No.21011/01/2010-Estt(A) dated 13.04.2010 are not applicable to empanelment for holding Joint Secretary/Additional Secretary/Secretary level posts under the Central Staffing Scheme. The word ’empanelment’ appearing in Para 2(c) of D.M. No.21011/01/2010-Estt(A) dated 22.05.2014 implies empanelment for promotion to a cadre post and not empanelment for holding a post under the Central Staffing Scheme.

(Kabindra Joshi)

Director(E-ll)

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DoPT Ordersd 2019 - Request of antedating of increment by some DR ASOs of 2005 and 2006

DoPT Ordersd 2019 - Request of antedating of increment by some DR ASOs of 2005 and 2006

No. 7/15/2007-CS.I(A) (Vol.II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel and Training)

2nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi
Dated 20th May, 2019

ORDER

WHEREAS, some Direct Recruit Assistant Section Officers (ASOs) of OGLE 2005 and 2006 have requested for antedating their increment dates as they were nominated in different batches for mandatory training;

AND WHEREAS, it is mandatory for every Direct Recruit ASO to undergo foundational training course first before they could be allotted any Ministry / Department;

AND WHEREAS, the first batch of ASOs belonging to OGLE 2005 and OGLE 2006 had joined in July 2008 and October 2009 respectively:

AND WHEREAS. the concerned ASOs who were nominated in later batches of mandatory training had not completed six months of service for earning Annual Increments unlike their other batchmates who were nominated in the first batch.

AND WHEREAS, representations were received in September, 2009 from some DR ASOs of OGLE 2005 requesting for ante dating their increments.

AND WHEREAS, the case was examined in this Department and it was not agreed to as the request was not in consonance with the Department of Expenditure’s O.M. dated 13.09.2008.

As per Para 2 clarification 1 (i) of Department of Expenditure’s OM dated 13.09.2008 specifically states as under:

As per Rules 10 of CCS (RP) Rules, 2008, there will be one uniform date of annual increment, viz. l July of every year. Government servants completing six months and above in the revised pay structure as on 1st July will be eligible to be granted the increment. Accordingly, all Government servants who earned their last increments between 02 01 2005 and 01.01.2006 would get their next increment on 01.07 2006.-

AND WHEREAS, the ASOs of CGLE 2005 submitted fresh representation during 2015-2016 and representations were also received from ASOs of OGLE 2006 batch during the year 2016. The matter was re-examined in detail and it was found that no new facts were brought out to review the decision taken earlier and accordingly it was decided with the approval of the Competent Authority, to wait for the outcome of the case in WP No. 1738/2017 challenging the eligibility criteria for counting the approved service in ASO Grade which was and is still pending in High Court.

AND WHEREAS, an OA (100/3397/2018) was filed by some aggrieved DR ASOs in CAT, (PB), Delhi on the same grounds. CAT, PB vide order dated 11.09.2018 has disposed of the OA at the admission stage with directions to DOPT as under the respondents are directed to pass a reasoned and speaking order on the representation of the applicants within three months from the date of receipt of a certified copy of the this order. The OA is, accordingly, disposed of at the admission stage itself. “
AND WHEREAS, the concerned ASOs vide their representations had sought the following benefits:

i. In r/o CGLE-2005 batch, for grant of increment w.e.f 01.07.2009 instead of 01.07.2010
the date from which they have got the increment presently, because of the condition of having completed six months service thereon, as stipulated in DOE’s O.M. dated 13.09.18.
ii. In r/o CGLE-2006 batch, for grant of increment w.e.f 01.07.2010 instead of 01.07.2011 the date from which they have got the increment presently, because of the condition of having completed six month service thereon 1 as stipulated in DOE’s O.M. dated 13.09.18.
iii. To fix the pay notionally from the actual date of joining of the first candidate of their batches;
iv. To consider their service counted from the date of joining of the first candidates for the purpose of pension and qualifying service.

AND WHEREAS, the matter was again examined in this Department and it was observed that a Government Servant is eligible to draw the pay only from the date of assumption of charge. The concerned ASOs were not eligible for pay parity with their batchmates as they attended mandatory training in different batches. As such, they had not completed six months of service for earning annual increment along with their other batchmates who were nominated in the first batch, in terms of Department Of Expenditure’s O.M. dated 13.09.2008. Thus, they were not eligible for antedating of increment at par with their batchmates.

AND WHEREAS, it is also observed that the concerned ASOs of 2005 & 2006 batches who were nominated in the later batches of training have however been given all due benefits like approved service. eligibility for SO-LDCE, which accrued to their batchmates who were appointed in the earlier batches.

AND WHEREAS, the matter was examined in consultation with D/o Expenditure. An interim reply vide letter dated 31.12.2018 in light of directions of CAT, was also sent to all applicants and counsel for applicants and respondents as well.

AND WHEREAS. Department of Expenditure has examined the case and found the claim for antedating of increment not in conformity with the extant instructions and rejected the claim for ante¬dating of increment in respect of the said ASOs.

NOW THEREFORE, it has been decided that since the instant claims of the DR ASOs of CGLE 2005 and 2006 batches are not in consonance with the extant rules and the fact that these representations were examined in 2009 and rejected on the same ground and no new ground has been brought forth in these representations, hence the claim is hereby rejected as it is devoid of merit.

(George D. Toppo)
Under Secretary to the Government of India

Source: DoPT

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DOPT : HRA, TA & SFA in calculation of OTA to employees of Ordnance factories under Section 59 of the Factory Act 1948

DOPT : HRA, TA & SFA in calculation of OTA to employees of Ordnance factories under Section 59 of the Factory Act 1948

No.A.27016/01/2018-Estt(AL)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Block-IV, Old JNU Campus
New Delhi-110067
Dated:16th April 2019

Office Memorandum

Subject : Inclusion of all allowances such as HRA, TA and SFA in calculation of Overtime Allowance (OTA) to employees of Ordnance factories as per the provisions of Section 59 of the Factory Act 1948

The undersigned is directed to refer to the representation of All India Association of Non Gazetted Officers of Ordnance and Equipment Fys and Quality Assurance Organisations, dt 04/03/2019 on the subject mentioned above and to say that the instructions on OTA issued by DoPT are not applicable in respect of Government servants who are governed by the Factories Act 1968. Hence the representation referred above is forwarded herewith to take necessary action.

(Sandeep Saxena)
Under Secretary to the Government of India

M/o Labour and Employment
Kind Atten : Shri C.S.Rao, Under Secretary -Admin
Shram Shakti Bhawan, Rafi marg
New Delhi

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FAQ on Leave for Central Government Employees

No. 21011/08 / 2013-Estt(AL)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Establishment (Leave) Section
General entitlement of leave
Sl. No.	Frequently Asked Question	Answer
1.	What is the maximum period - of leave of any kind which can be allowed to a Government servant? What is the impact if such limit is exceeded?	No. Government servant shall be granted leave of any kind for a continuous period of 5 years {Rule 12(1))Normally, absence from duty, with or without leave, for a continuous period exceeding 5 years other than on foreign service, implies that such Government servant has deemed to have resigned from Government service. {Rule 12(2))
2.	What are the leaveentitlements of Govt. servants serving in a vacation Department?	The rule 28 of the CCS (Leave) Rules, 1972 which came into effect from 1.9.2008 regulates the grant of Earned Leave for persons serving in the Vacation Department. The said rule provides for as follows:- (1) (a) A Government servant(other than a military officer) serving in a Vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation. (b)In respect of any year in which a Government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation: Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service. (c)If, in any year, the Government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under rule 26. • For the purpose of this rule, the term `year’ shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department. • A Government servant entitled to vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation: Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation.
		• When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty. • As per Rule 29(1) the half pay leave account of every Government servant (other than a military officer shall be credited with half pay leave in advance, in two instalments of ten days each on the first day of January and July of every calendar year. This is subject to conditions laid down in OM No. 13013/2/2008-Estt.(L) dated 11-11-2008.

Leave Encashment with LTC
SI.No.	Frequently asked Questions	Answer
1.	Whether encashment of leave is allowed after LTC is availed?	Sanction of leave encashment should, as a practice, be done in advance, at the time of sanctioning the LTC. However, ex-postfacto sanction of leave encashment on LTC may be considered by the sanctioning authority as an exception in deserving cases within the time limit prescribed for submission of claims for LTC.
2.	Whether encashment of leave with LTC can be availed at the time when the LTC is availed by the Government servant only or can leave be encashed at the time when LTC is availed by family members?	Yes. A Govt. servant can be permitted toencash earned leave upto 10 days either at the time of availing LTC for himself or when his family avails it provided other conditions are satisfied.
3.	Whether leave encashmentshould be revised onretrospective revision ofpay/D.A?	In terms of 38-A of CCS(Leave) Rules, encashment of EL alongwith LTC is to be calculated on pay admissible on the date of availing LTC and DA admissible on that date. If pay or DA admissible has been revised with retrospective effect, going by the rule the Govt. servant would be entitled to encashment of Leave on the revised rates.
4.	Whether encashment ofEarned Leave and Half Pay Leave is admissible to industrial employees?	The industrial employees, other than those under the cadre control of the Ministry of Railways, are entitled to encash both Earned Leave and Half Pay Leave, subject to overall limit of 300. The cash equivalent of Half Pay Leave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefits payable. But no commutation of Half Pay Leave shall be allowed to make up for the shortfall in Earned Leave and these orders are effective from 07-11-2006.{0M No. 12012/3/2009- Estt.(L) dated 28-12-2012}

Encashment of Earned Leave on joining Central Government from PSUs & vice versa
Si.No.	Frequently asked Questions	Answer
1.	Whether earned leaveencashment allowed by the State Governments, PSUs, Autonomous Bodies to Govt. servant prior to his joining the Central Govt. is to be taken into account while calculating ceiling of leave encashment on his superannuation andretirement from CentralGovt.?	Encashment of EL allowed by the StateGovernments, Public SectorUndertakings/Autonomous Bodies for services rendered therein need not be taken into account for calculating the ceiling of 300 days of Earned leave to be encashed as per CCS (Leave) Rules.
2.	Whether Leave encashmentallowed by Govt. under CCS(Leave) Rules, 1972 onabsorption in a Central autonomous body/PSU is to be taken into account?	Encashment of EL allowed by the Govt. under the CCS(Leave) Rules, 1972 for service rendered in the Central Govt. prior to absorption in Central autonomous bodyshall not be taken into account while calculating the number of days of E.L. encashable in an autonomous body/PSU for the post absorption period.
3.	Whether cash equivalent ofleave salary in case ofpermanent absorption inPSU/Autonomous Body ispermissible?	A Government servant who has beenpermitted to be absorbed in aCorporation/Company wholly orsubstantially owned or controlled by Central/State Government shall be suo motu granted cash equivalent of leave salary of earned leave at his credit on the date of absorption subject to a maximum of 300 days (being calculated as per provisions of rule 39) {Rule 39-D)Permanent absorption under the rule shall mean such appointment for which the Government servant applied through proper channel and resigned from Government service for taking up of such appointment —{Note below rule 39-D — Notification No. 13026/3/2011-Estt.(L) dated 28-03-2012}

Leave Encashment on Suspension/Dismissal/Removal
	Frequently asked Questions	Answer
1.	Whether leave encashmentcan be sanctioned to a Govt servant on his superannuation while under suspension?	Leave encashment may be allowed in such cases. However, Rule 39(3) of CCS (Leave) Rules, 1972 allows withholding of leave encashment in the case of a Govt. servant who retires from service on attaining the age of superannuation while under suspension or while disciplinary or criminal proceedings are pending against him, if in view of the authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedingsagainst him. On conclusion of the proceedings he/she will become eligible to the amount so withheld after adjustment of Government dues, if any.
2.	Whether leave encashmentcan be sanctioned to a Govt.servant on hisdismissal/removal, fromservice?	A government servant, who isdismissed/removed from service, ceases to have any claim to leave at his credit from the date of such dismissal, as per rule 9(1). Hence he is not entitled to any leave encashment.

Interest on Leave Encashment
Si.No.	Frequently asked Questions	Answer
1.	Whether interest is payable on delayed payment of leave encashment dues?	No. There is no provision in the CCS (Leave) Rules 1972 for payment of interest on leave encashment.

Study Leave
Si.No.	Frequently asked Questions	Answer
1.	What is the maximum amount of study leave which can be availed?	The maximum amount of study leave for other than CHS officers is restricted to twenty four months during the entire service period and ordinarily it can be allowed for upto twelve months at a time. {Rule 51(1)). For CHS officers the ceiling is for 36 months for acquiring PG qualifications. {Rule 51(2)}.
2.	Whether study leave can be clubbed with other leave?	Yes. Study leave may be combined with other kinds of leave, but in no case shall be grant of this leave in combination with leave, other than extraordinary leave involve a total absence of more than twenty eight months generally and thirty-six months for the courses leading to PhD. degree from the regular duties of the Government servant. (Rule 54)
3.	What is the validity period of bond to be executed by the Government servant while proceeding on study leave?	Government servant is required to execute a bond to serve the Government for a period of three years after expiry of study leave. For CHS officers the period is five years. (Rule 55).
4.	Whether a Govt. servant who has been granted study leave may be allowed to resign to take up a post in other Ministries/ Department of the Central Govt. within the bond period?	As per rule 50(5) (iii), a Govt. servant has to submit a bond to serve the Govt. for a period of 3 years. As the Govt. servant would still be serving Government in a Department other than parent Department, he may be allowed to submit his resignation to take up another post within the Central Govt. if he had applied for the post through proper channel.

Paternity Leave for Child Adoption/Child Adoption Leave
Sl. No.	Frequently asked Questions	Answer
	How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption Leave	As per notes below rules 43AA and 43B “Child” for the purpose will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child’.

Child Care Leave
Sl.No.	Frequently asked Questions	Answer
1.	Whether women employees ofPublic Sector undertakings/Bodies etc. are entitled to CCL?	Orders issued by DOPT are notautomatically applicable to the employees of Central Public Sector Undertakings/ Autonomous Bodies, Banks, etc. It is for the PSUs/ Autonomous Bodies to decide the applicability of the rules/instructions issued for the central Government employees to their employees in consultation with their Administrative Ministries.
2.	Whether Govt. servant can be permitted to leave station/go abroad while on CCL?	Child care leave is granted to a woman employee to take care of the needs of the minor children. If the child is studying abroad or the Government servant has to go abroad for taking care of the child she may do so subject to other conditions laid down for this purpose.
3.	What is the intention behind the instruction that CCL is to be treated like EL and sanctioned as such?	The intention is that CCL should be availed with prior approval of leave sanctioning authority and that the combination of CCL with other leave, if any, should be as per the restriction on EL.’ The restriction of the limit of 180 days at a stretch as applicable in the case of EL will not apply in case of CCL.The other conditions like CCL may not be granted for less than 15 days or in more than 3 spells etc., will apply. {Rule 43-C)
4.	Whether child care leave has been extended to female industrial employees?	Child Care leave has been extended to allcivilian female industrial employeescovered by the CCS(Leave) Rules, 1972subject to the conditions provided in rule 43-C of the CCS(Leave) Rules, 1972, asamended from time to time.{OM No.12012/2/2009-Estt.(L) dated 01-08-2012 )

Commuted Leave
SI.No.	Frequently asked Questions	Answer
1.	Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?	Leave on medical grounds may be allowed on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in such cases.

(S. G. Mulchandaney)
Under Secretary
Te1:26164316

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7th Pay Commission - Revision of rate of Training Allowance - DoPT Order

7th Pay Commission - Revision of rate of Training Allowance - DoPT Order

No. 13024/01/2016-Trg. Ref.
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
[Training Division (IST/IIPA)]

Block -4, Old JNU Campus,
New Mehrauli Road, New Delhi-67,
Date: November 12, 2018

OFFICE MEMORANDUM

Subject: Implementation of Government's decision on the recommendations of the Seventh Pay Commission-Revision of rate of Training Allowance.

In continuation of this Departments O.M. No. 13024/01/2016-Trg. Ref. dated October 24, 2018 on the subject cited above, the undersigned is directed to state that the contents of para 1 (ii) and (iii) of the said O.M. may be read as follows:

Para 1 (ii): 'Training Allowance will be admissible only to faculties who join the training academies/institutes/establishments for imparting training for a specified period of time and are then likely to go back'
Para 1 (iii): 'Training Allowance will not be admissible to those permanent faculties of training academies/institutes/establishments who have been recruited directly by the training academies/institutes/establishments for imparting training'

2. The concurrence of the Comptroller and Auditor General of India has also been obtained vide their UO No. 124- /03-2017/Vol.II dated July 2, 2018.

3. This issues with the approval of the Competent Authority.

(Biswajit Banerjee)
Under Secretary to the Government of India.
Tel.: 011-26194167
Email ID: biswajitbanerjee.edu@nic.in

Source: DoPT

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Reiteration of instructions relating to application of own merit in Direct Recruitment for appointment of Other Backward Classes (OBCs)

Reiteration of instructions relating to application of own merit in Direct Recruitment for appointment of Other Backward Classes (OBCs)

F. No. 43011/4/2018-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment (Reservation-I) Section

North Block, New Delhi
Dated April 4, 2018

OFFICE MEMORANDUM

Subject : Reiteration of instructions relating to application of own merit in Direct Recruitment for appointment of Other Backward Classes (OBCs)-regarding

The undersigned is directed to say that the Hon’ble Supreme Court in its judgment in the case of R. K. Sabharwal vs. State of Punjab, had, inter-alia, observed that “the reserve category candidates can compete for the non-reserve posts and in the event of their appointment to the said posts their number cannot be added and taken into consideration for working out the percentage of reservation.”

2. As per instructions issued vide this Department’s OM No. 36012/2/96-Estt.(Res) dated 02.07.1997, in direct recruitments to Central Government jobs and services, the reserve category candidates who are selected on the same standard as applied to general candidates will not be adjusted against reserved vacancies. As per instructions issued vide DOP&T OM No. 36011/1/98-Estt.(Res) dated 01.07.1998, only when a relaxed standard is applied in selecting a reserved candidate, for example in the age limit, experience, qualification, permitted number of chances in written examination, etc., such candidates will be counted against reserved vacancies.

3. It has been brought to the notice of this Department by the Hon’ble Parliamentary Committee on Welfare of OBCs that these instructions are not being followed in some cases in direct recruitments to Central Government jobs and services. It is, therefore, reiterated that while making Direct Recruitments, guidelines issued vide this Department’s OM No. 36012/2/96-Estt.(Res) dated 02.07.1997 and OM No.36011/1/98-Estt.(Res) dated 01.07.1998 may be kept in view by all concerned.

4. All Ministries/ Departments are requested to bring the contents of this O.M. to the notice of all concerned for information and compliance.

S/d,
(Raju Saraswat)
Under Secretary to the Government of India
Tel.: 23092110

Signed Copy

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Child Care Leave (CCL) Permitted leave headquarters , LTC , Foreign travel

Child Care Leave (CCL) Permitted leave headquarters , LTC , Foreign travel

No. 13018/6/2013-Estt(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Old JNU Campus, New Delhi 110 067
Dated: 3rd April, 2018

OFFICE MEMORANDUM

Subject: Child Care Leave (CCL) - Clarification Reg.

The undersigned is directed to refer to DoP'Ts O.M. No. 21011/08/2013- Estt.(AL), dated 25.03.2013 and to say that references have been received with regard to leaving Head Quarters/Station while on CCL and availing LTC during CCL.

2. In this regard, it is has now been decided that:

(i) An employee on CCL may be permitted to leave headquarters with the prior approval of appropriate competent authority.
(ii) LTC may be availed while an employee is on CCL.
(iii) An employee on CCL may proceed on foreign travel provided clearances from appropriate competent authorities are taken in advance.

3 Hindi version will follow.

(Sandeep Saxena)
Under Secretary to the Government of India

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INDWF: Minutes of National Anomaly Committee Meeting

INDWF: Minutes of National Anomaly Committee Meeting

F.No.11/2/2016-JCA-I(Pt.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel Training

North Block, New Delhi
Dated: 16 February, 2018

To
Shri Shiv Gopal Mishra
Secretary, Staff-Side
National Council (Staff Side)
Joint Consultative Machinery for, Central Government Employees
13-C, Ferozeshah Road, New Delhi- 110001

Subject: Minutes of the Meeting held on 11.01.2018 to discuss the admissibility of the agenda items received from the Staff Side, NC (JCM) for discussion in the National Anomaly Committee (NAC) for the 7th Central Pay Commission.

Sir,
Please find enclosed a copy of the Minutes of the meeting held under the Chairmanship of Joint Secretary (Establishment) on Thursday the 11th January, 2018 at 1500 hours in Room No. 190, conference Room, North Block, New Delhi with the representatives of Staff Side, NC(JCM) for information and necessary action.

2. As per discussion in the above meeting, Staff Side may please reconsider their views on Item No. 7. A copy of the recording during the meeting enclosed for per usual.

Yours faithfully,
S/d,
(D.K. Sengupta)
Deputy Secretary to the Government of India
Tel. 23040255

MINUTES OF THE MEETING HELD ON 11.01.2018 TO DISCUSS THE ADMISSIBILITY OF THE AGENDA ITEMS RECEIVED FROM THE STAFF SIDE FOR DISCUSSION IN THE NATIONAL ANOMALY COMMITTEE (NAC) FOR THE 7TH CENTRAL PAY COMMISSION

A meeting was held under the chairmanship of Shri G.D. Tripathi, Joint Secretary (Establishment), Department of Personnel & Training with the representatives of Staff Side of the National Anomaly Committee and senior officers from the other Ministries/Departments concerned at 3.00 p.m. on 11.01.2018 in Room No. 190, North Block, DoPT, New Delhi to consider the admissibility of the 18 items of anomaly forwarded by the Staff-Side of the National Council of JCM for settlement through discussion at the NAC constituted after the Seventh Central Pay Commission. The list of participants is at Annexure.

2. The Chairman welcomed the representatives of the Staff-Side of the National Anomaly Committee and asked Deputy Secretary (JCA) to briefly inform the participants the purpose for convening this meeting.

3. Deputy Secretary (JCA) informed that following the acceptance of the recommendations - to the extent they have been - of the 7th Central Pay Commission by the Government, the National Anomaly Committee has been constituted by DoPT. Subsequently, on receipt of a representation from the Staff Side, NC(JCM), the definition of what would constitute an anomaly has been revised and notified. Therefore, as per the revised scope of definition, anomaly will include the following cases;

a) Where the Official-Side and the Staff-Side are of the opinion that any recommendation is in contravention of the principle or the policy enunciated by the Seventh Central Pay Commission itself without the Commission assigning any reason;

b) Where the maximum of the Level in the Pay Matrix corresponding to the applicable Grade Pay in the Pay Band under the pre-revised structure as notified vide CCS(RP) Rules 2016, is less than the amount an employee is entitled to be fixed at, as per the formula for fixation of pay contained in the said Rules;

c) Where the Official side and the Staff Side are of the opinion that the vertical and horizontal relativities have been disturbed as a result of the 7th Central Pay Commission to give rise to anomalous situation.

4. Deputy Secretary (JCA) mentioned that a letter dated 16.08.2017 had been received from Secretary, Staff-Side proposing to discuss 15 items in the National Anomaly Committee (NAC). Subsequently, another letter dated 31.08.2017 was also received proposing 3 additional items. On examining these 18 items against the three (03) yardsticks as stated in para-3 above, it was felt that while some agenda items clearly fall within the definition of 'anomaly', there are a few which cannot be termed 'anomaly' as such, bordering more, as they are, on the side of 'demands'. There are a few more which apparently by virtue of affecting the interests of one Department should rather be taken up at the Departmental Anomaly Committee. On sharing the findings of this Preliminary examination with the Secretary, Staff-Side, a communication was received from him suggesting inter-alia, besides giving their own reasons for retaining the same agenda - except one item - for the NAC deliberations, that a meeting be convened to discuss and finalize the items so as to to avoid delay in convening the NAC meeting.

5. The Chairman then requested the leader of the Staff-Side and other members to put across their points of view on the issue.

6. The Leader, Staff-Side, thanked the Chairman for convening the meeting at the suggestion of Secretary, Staff-Side and initiated the discussion by emphasising that the next meeting of the National Council under the Chairmanship of Cabinet Secretary should be held urgently as more than 7 years have passed since the last such meeting was held. He referred to the background against which the JCM scheme has been institutionalized and stressed that the purpose of JCM is to avoid confrontation between the Government and its employees. He requested that the sentiments of the Staff-Side may be conveyed to the Cabinet Secretary so that the meeting of the National Council, JCM may be held without any further delay. He also suggested that the Cabinet Secretary should meet the Standing Committee of the National Council, JCM soon after the Republic Day celebrations so that the deliberations can be be held on all pending issues. The Leader, Staff-Side further stated that there are many issues arising out of the 7th Central Pay Commission's recommendations which are still to be settled to the satisfaction of the Staff-Side. He particularly mentioned about the recommendations relating to New Pension Scheme, Minimum Pay, Fitment Formula, etc.

7. Secretary, Staff-Side also expressed similar views about lack of interaction between the Official-Side and the Staff-Side. He mentioned that the institutions of JCM machinery has become defunct and stated that the meetings of the Standing Committee and the National Council, JCM should be called without any further delay. He also mentioned that the Group of Ministers had met the staff representatives and given some assurances for favourable consideration regarding the Minimum Pay and Fitment Formula. But even after 1-1/2 years, no decision has been conveyed by the Government. He regretted that inspite of the report submitted by NPS Committee, nothing fruitful has been done for bringing new pensioners under defined and guaranteed pension scheme. He stated that based on the assurance given by the group of Ministers, the Staff Side had deferred the call for strike but now it is getting very difficult for them to control the resentments of the staff. He stressed the need for frequent interactions so that each side can appreciate the other's views. He also mentioned that no decision has yet been conveyed on the 6th CPC related unresolved anomalies which, the Staff-Side feels, should be sent for arbitration as the Staff-Side has recorded its dissatisfaction on them.

(Action: D/o Pension & JCA Division, DoPT)
8. The Staff-Side members representing M/o Defence stated that they are on a hunger fast joining with the 4 lakhs Defence Civilian Employees to protest against the various decisions taken by Ministry of Defence against their interest. They lodged their protest aginst what they called 'arbitary' policy decisions made by the Government about outsourcing of jobs hitherto done in the ordince factories, converting Army Base Workshops to GOCO Model, closure of Station Workshops, Military Farms and Depots under Army Headquarters thereby rendering 31,000 Employees surplus including 9000 employees of Military Engineer Service, granting Uniform Allowance to the soldiers by stopping the practice of getting them stitched through almost 12000 Employees in 5 Ordnance Factories etc. This is against the assurance given by the Defence Ministry in the past to the Staff Side that the jobs being performed by ordnance factories would be outsourced. They also protested against the violation of the direction of Cabinet Secretary by the Ministry of Defence in that the Staff Side has not been consulted before deciding on outsourcing, closure, merger, declaring manpower surplus etc. They demanded that MoD may be directed to immediately hold discussions with the Staff Side and settle the issues in the interest of the Defence Industry and its employees
(Action: M/o Defence)
9. The Staff Side also raised the following issues:-

a) The demand of the Staff Side for extension of the date of option for switching over to 7th CPC Pay Scales from a date on which the employee got promotion/MACP is not yet settled. Necessary instructions may be issued in this regard.

(Action: Establishment Division, DoPT)
b) The Report of the NPS Committee even though submitted to the Government in August, 2017 the Staff Side is not yet given a copy of the same. The same may be given to the Staff Side and a meeting may also be held with the Staff Side by the Government before taking any decision on the recommendations of the NPS Committee.

(Action: D/o P & PW)
c) The Staff Side also pointed out what they felt arbitrariness of the decision of the Government to close down the various printing presses without even holding any discussion with the Staff Side. The employees have been asked to immediately get themselves, relived and join at faraway places. They added that assurances were given by the Cabinet Secretary at the National Council that the Government would discuss the problems faced by the staff and resolve the same in all cases when the Government decides to wind up any of its functions.

(Action: M/o Urban Development)
10. The Chairman stated that he has taken note of all the concerns expressed by the Leader, Staff-Side, Secretary Staff- Side and the other representatives of the Staff-Side. He stated that the work on finalizing the comments on the Agenda for the meeting with the National Council, JCM has been going on and another two weeks would be required to finalize the comments and thereafter the convenience of the Cabinet Secretary would be sought so that the meeting of the Standing Committee can be held in the month of February, 2018. He stated that the purpose of today's meeting was to familiarize with the issues as well as to arrive at a mutually agreed decisions as to which of them should be taken up for discussion and settlement at the NAC so that the first meeting can be convened at the earliest. He further emphasised that the items on which the Government, has held a view different from that of the 7th CPC would not be taken up for discussion at the NAC since the Government decisions on them are well-thought-out and conscious ones. However, where there is a disagreement between what has been recommended and what the 7th CPC should have recommended as part of its policy/principles would figure in NAC discussion.

11. It was seen that there are seven (7) proposed items which clearly fall within the definition of 'Anomaly'. At the conclusion of the discussions, the following was agreed to in respect of the remaining eleven (11) items:

Item No.	Description	Decision
1	Anomaly in computation of minimum wage	In view of the response of Secretary, Staff-Side, the JCA Division will re-examine.
2	3% Increment in all stages	In view of the response of Secretary, Staff-Side, the JCA Divison will re-examine
6	Remove Anomaly due to index rationalization	In view of the response of Secretary, Staff-Side, the JCA Divison will re-examine
7	Anomaly arising from the decision to reject option No.1 in pension fixation	Sent back to Staff-Side for reconsideration of its views
10	Minimum Pension	The Staff-Side will take up this issue with the Department of Pension & Pensioners Welfare separately. This will not be treated as an anomaly.
11	Date of effect of Allowances- HRA, TransportAllowance, CEA etc	Thil will be taken up separately as an item in the Standing Committee meeting
12.	Implement the recommendation on Parity in Pay Scale between Sr. Auditors / Sr. Accountant of 1A & AD and organized Accounts with Assistant Section Officer of CSS.	As this was already under examination in the Department of Personnel & Training it would not be taken up fordiscussion in NAC at this stage. If it remains undecided at the later stage, it will be included for discussion in NAC.
13	Parity in pay scales between Assistants/Stenographers in field/ subordinate offices and Assistant Section Offices and Stenographers in CSS	The Staff-Side, NC (JCM) will provide additional details
15	Technical Supervisors of Railways	The Staff-Side, NC(JCM) will take up this issue at the Departmental Anomaly Committee of Ministry of Railways.
16.	Anomaly in the assignment of replacement of Levels of pay in the Ministry of Defence, Railways, Mines etc in the case of Store Keepers.	The Staff-Side, NC (JCM) will take up this issue at the Departmental Anomaly Committee of Ministry of Defence. JCA Division willwrite to Ministry of Defence in this regard.
18.	Anomaly in the grant of DA instalment w.e.f.01.01.2016	In view of the response of Secretary, Staff-Side, the JCA Division will re- examine.

12. The meeting concluded with a vote of thanks to the Chair.

LIST OF PARTICIPANTS IN THE PRE- NATIONAL

ANOMALY COMMITTEE OF THE NATIONAL COUNCIL (JCM) HELD ON 11/01/2018

S.No.	Staff-Side	Official-Side
1	Shri Shiv Gopal Misra	Shri G.D. Tripathi
2.	Shri M. Raghavaiah,	Shri Amar Nath Singh
3	Shri Rakhal Das Gupta	Shri Harjit Singh
4	Shri J.R. Bhosle	Ms. Sujasha Choudhury
5	Shri Guman Singh	Ms. Nirmala Dev.
6	Shri C.Srikumar	Shri Jaya Kumar.G.
7	Shri K.K.N. Kutty	Shri A.K. Jain
8	Shri Sankara Rao	Shri Charanjit Taneja
9	Shri R. Srinivasan	Shri Rajeev Kumar Bahree
10	Shri R.P. Bhatnagar	Shri Ram Gopal

Source : INDWF

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Rotational transfer of Under Secretaries of CSS Relieving of officers

Rotational transfer of Under Secretaries of CSS Relieving of officers

No.5/10/2017-CS-I(U)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
CS-I(U) Section

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110003
Dated 10th November, 2017.

OFFICE MEMORANDUM

Subject: Rotational transfer of Under Secretaries of CSS Relieving of officers -regarding

The undersigned is directed to refer to this Department’s Order of even number dated 13.10.2017 on the subject mentioned above, wherein the concerned Ministries/ Departments were requested to relieve the officer(s) concerned immediately so that the officers could join the allocated Ministry/ Department. However, it has been observed that not all the officers have been relieved so far.

2. The concerned cadre units as well as the officers concerned are, therefore, requested to comply with the above referred order. A copy of relieving/ joining order may also please be furnished to this Department for records.

(Anil Tripathi)
Under Secretary to the Govt. of India

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Fixation of the pay of the pre-revised pay scale of 1S scale granted to candidates appointed as trainees on compassionate grounds in the Seventh Central Pay Commission (7th CPC)

Fixation of the pay of the pre-revised pay scale of 1S scale granted to candidates appointed as trainees on compassionate grounds in the Seventh Central Pay Commission (7th CPC)

No. 14014/2/2009-Estt,D
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 09th October, 2017

OFFICE MEMORANDUM

Sub : Fixation of the pay of the pre-revised pay scale of 1S scale granted to candidates appointed as trainees on compassionate grounds in the Seventh Central Pay Commission (7th CPC) - reg.

The undersigned is directed to invite attention to this Department's 0.M.No.14014/02/2012-Estt(D) dated 16.01.2013 containing consolidated instructions on the subject of compassionate appointments. With regard to appointment of candidates not immediately meeting the educational standards as trainees these instructions provide as under:

"In exceptional circumstances Government may consider recruiting persons not immediately meeting the minimum educational standards. Government may engage them as trainees who will be given the regular pay bands and grade pay only on acquiring the minimum qualification prescribed under the recruitment rules. The emoluments of these trainees, during the period of their training and before they are absorbed in the Government as employees, will be governed by the minimum of the - 1S pay band Rs.4440-7440 without any grade pay. In addition, they will be granted all applicable Allowance, like Dearness Allowances, House Rent Allowance and Transport Allowance at the admissible rates. The same shall be calculated on the minimum -IS pay band without any grade pay. The period spent in the -1S pay band by the future recruits will not be counted as service for any purpose as their regular service will start only after they are placed in the pay band PB-1 or Rs.5200-20200 along with grade pay of Rs.1800."

2. The 7th CPC has not provided any replacement scale for 1S pay, band of Rs.4440- 7440 without any grade pay which is granted to trainees appointed under the scheme for compassionate appointment. The matter was taken up with the Department of Expenditure and it has now been decided by the Government that Level-1 of the Pay Matrix introduced on implementation of the 7th CPC Report be the replacement for the pre-revised- 1S scale. The pay of those governed by the 1S scale may be revised by using the Fitment Factor of 2.57 for placement in Level-1 in conformity with the Rule, 7 of the CCS (RP) Rules, 2016. All pre - revised pay stages lower than pre-revised pay of Rs.7,000 in the pre-revised 1S scale shall not be considered for determining the benefit of bunching, on the same lines as has been clarified by this Department's 0.M dated 03.08.2017 on application of the benefit on account of bunching.

3. This will be effective from 01.01.2016.

(G.Jayanthi)
Joint Secretary (E-I)

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Clarification of the Definition of “Members of Family” in the context of Rule 4 regarding.

Clarification of the Definition of “Members of Family” in the context of Rule 4 regarding.
 

F.No.11013/4/2016-Estt (A-III) Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training

North Block, New Delhi-110 001 Dated : 20th July, 2016

OFFICE MEMORANDUM

Subject : Clarification of the Definition of “Members of Family” in the context of Rule 4 regarding. The undersigned is directed to say that as per rule 4 (1) of CCS (Conduct) Rules, 1964, no Government servant shall use his position or influence directly or indirectly to secure employMent for any member of his family in any company or firm. Further, rule 4(3) reads as follows:

“No Government servant shall in the discharge of his official duties deal with any matter or give or sanction any contract to any company or firm or any other person if any member of his family is employed in that company or firm or under that person or if he or any member of his family is interested in such matter or contract in any other manner and the Government servant shall refer every such matter or contract to his official superior and the matter or contract shall thereafter be disposed of according to the instructions of the authority to whom the reference is made.”

2. As per rule 2 of the CCS (Conduct) Rules, 1964, the definition of “Members of Family” may differ from that given in the rule 2, sub clause (c) in the context of a rule. For removal of doubts it is clarified that in the context of rule 4(1) and 4(3) “Members of family” in relation to a Government servant include the wife or husband, son or daughter, parents, brothers or sisters or any person related to any of them by blood or marriage, whether they are dependent on the Government servant or not. 3. All Ministries/ Departments/ Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control. 4. Hindi Version follows.

(Mukesh Chaturvedi) Director (E)

Source: www.persmin.nic.in

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Swachh Bharat Pakhwada (May 16-31, 2016) Action Plan for Pensioners Associations

Swachh Bharat Pakhwada (May 16-31, 2016) Action Plan for Pensioners’ Associations

No. 55/10/2016-P&PW (C)
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Pension and Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi
Dated the 9th May, 2015

The Secretary / President
All identified Pensioners’ Associations
(As per enclosed list)

Subject; Swachh Bharat Pakhwada (May 16-31, 2016) Action Plan for Pensioners’ Associations.

Sir,
As you are aware Government of India has launched Swachh Bharat Mission to achieve total sanitation and cleanliness by 2nd October, 2019. It has, therefore, been desired that each Ministry, based on the Ministry’s areas of responsibility, draw out and implement at least a fortnight long action plan every year to bring into focus, its contribution towards Swachh Bharat Mission and also to carry out substantive work related to Swachhta.

2. As a step towards this direction, this Department has prepared an action plan, to involve Pensioners’ Associations identified under Pensioners’ Portal in this mission, with special reference to ‘Swachh Bharat Pakhwada’ being observed during May 16-31, 2016. Under the proposed action plan, Pensioners’ Associations are expected to:-

(i) Organize a mass pledge by members of Pensioners’ Associations (copy enclosed)
(ii) Sensitize their members on cleanliness in their neighborhood.

3. In view of above you are requested to observe the Swachh Bharat Pakhwada during May 16¬31, 2016 by organizing the above activities by involving members of your Pensioners’ Associations.

4. You are also requested to take photographs of activities undertaken by you during the Pakhwada and send the same along with a report on the activities undertaken by your Association, immediately after duration of the Pakhwada, for uploading the same on Pensioners’ Portal website.

Your faithfully

sd/-

Deputy Secretary to the Govt. of India

Source: cis.nic.in

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Central Civil Services (Leave Travel concession) Rules, 1988-Admissibility of catering charges in respect of rail journey performed on LTC

No. 31011/11/2015-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: May 12, 2016

OFFICE MEMORANDUM

Subject:- Central Civil Services (Leave Travel concession) Rules, 1988-Admissibility of catering charges in respect of rail journey performed on LTC – Clarification reg.

The undersigned is directed to say that several references are received in this Department from various Ministries/Departments seeking clarification regarding the admissibility of catering charges charged by the Indian Railways in respect of the rail journey(s) performed by Rajdhani/Shatabdi on LTC.

2. The matter has been examined in consultation with Department of Expenditure, Ministry of Finance and it is clarified that if the Government servant has to compulsorily avail the catering facility and the cost is included in the rail fare for Rajdhani/Shatabdi/Duronto trains, the fare charged shall be reimbursable in full as per the entitlement/eligibility of the Government servant.

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

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Bye Election in 16/05/2016 – Grant of Paid holiday

Bye Election in 16/05/2016 – Grant of Paid holiday

F.No.12/3/2016-JCA2
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
Establishment (JCA-2) Section

North Block, New Delhi
Dated the 12th May, 2016

OFFICE MEMORANDUM

Subject: Bye Election to fill the clear vacancies in Lok Sabha and State Legislative Assemblies of Meghalaya, Arunachal Pradesh, Jharkhand, Gujarat, Uttar Pradesh and Telangana – Grant of Paid Holiday -regarding

The undersigned is directed to say that in connection with the Bye Election to Bye Election to fill the clear vacancies in Lok Sabha and State Legislative Assemblies of Meghalaya, Arunachal Pradesh, Jharkhand, Gujarat, Uttar Pradesh and Telangana – Grant of Paid Holiday – to be held on 16th May, 2016, the following guidelines, already issued by DOPT vide OM No. 12/ 14/99-JCA dated 10th October 2001, which would have to be followed for closing of the Central Government Offices including Industrial Establishments in the States of Meghalaya, Arunachal Pradesh, Jharkhand, Gujarat, Uttar Pradesh and Telangana.

(i) The relevant offices / organizations shall remain closed in the notified areas where Bye Election to the State Legislative Assemblies scheduled to be conducted.

(ii) In connection with bye-elections to State Assembly, only such of the employees who are bona-fide voters in the relevant constituency should be granted special casual leave on the day of polling. Special Casual leave may also be granted to an employee who is ordinarily a resident of constituency and registered as a voter but employed in any Central Government Organization/ Industrial Establishment located outside the constituency having a general/ bye-election.

2. The employees detailed on election duty may also be permitted to remain away from their normal duties on polling day(s) as also on the days required for performing journeys which might be undertaken in order to perform such election duty

3. The above instructions may be brought to the notice of all concerned.

4. This issue with the approval of Secretary (P).

(G.Srinivasan)
Deputy Secretary to the Government of India

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Grant of Dearness Relief to CPF beneficiaries in receipt of ex-gratia payment w.e.f 01.01.2016

Grant of Dearness Relief to CPF beneficiaries in receipt of ex-gratia payment w.e.f 01.01.2016.

F. No. 42/06/2016-P&PW(G)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare
****************

3rd Floor, Lok Nayak Bhavan
Khan Market, New Delhi – 110003
Date:- 03 May 2016

OFFICE MEMORANDUM

Subject: Grant of Dearness Relief to CPF beneficiaries in receipt of ex-gratia payment w.e.f 01.01.2016.

In continuation of this Department’s OM No. 42/10/2014-P&PW(G) dated 28th Oct, 2015, the President is pleased to grant the Dearness Relief at the rate of 5th CPC w.e.f. 1.1.2016 to the following :

The surviving CPF beneficiaries who have retired from service between the period 18.11.1960 to 31.12.1985 and are in receipt of ex-gratia @ Rs.600/-p.m. w.e.f. 01.11.1997 under this Department’s OM No. 45/52/97-P&PW(E) dated 16.12.1997 & revised to Rs.3000, Rs.1000, Rs.750 & Rs.650 for Group A, B, C & D respectively w.e.f 4th June,2013 vide OM No. 1/10/2012-P&PW(E) dtd. 27th June, 2013 are entitled to Dearness Relief @ 245% w.e.f. 01.01.2016.

(ii) The following categories of CPF beneficiaries who are in receipt of ex-gratia payment in terms of this Department’s OM No. 45/52/97-P&PW(E) dated 16.12.1997 are entitled to DR ©237 % w.e.f. 01.01.2016.

(a) The widows and dependent children of the deceased CPF beneficiary who had retired from service prior to 1.1.1986 or who had died while in service prior to 1.1.1986 and are in receipt of Ex-gratia payment of Rs. 605/- p.m. & revised to Rs 645/-p.m with effect from 04th June ,2013 vide OM No. 1/10/2012-P&PW(E) dated 27th June,2013.

(b) Central Government employees who had retired on CPF benefits before 18.11.1960 and are in receipt of Ex-gratia payment of Rs. 654/-, Rs. 659/-, Rs. 703/- and Rs. 965/-.

2. Payment of DR involving a fraction of a rupee shall be rounded off to the next higher rupee.

In their application to the Indian Audit and Accounts Department, these orders issue in consultation with the C&AG.

3. This issues as per Ministry of Finance, Department of Expenditure vide their OM No 1(4)/EV/2004 dated 25.05.2015 and OM No.1(3)/2008-E.II(B) dated 22.04.2016.

4. Hindi version will follow.

( Charanjit Taneja)
Under Secretary to the Government of India

Download signed  copy here- Grant of Dearness Relief to CPF beneficiaries in receipt of ex-gratia payment w.e.f 01.01.2016.

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28th SCOVA Intimation regarding Date and Time

F. No. 42/05/2016-P&PW(G)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi -110003
Date: 4th April, 2016

To
All the Pensioners Associations included in SCOVA vide Resolution dated 25.08.2015

Subject:-28th meeting of Standing Committee of Voluntary Agencies (SCOVA) under the Chairmanship of Hon’ble MOS(PP)

Intimation regarding Date and Time

Sir/Madam,

In continuation to this Department OM of even no. dated 22.02.2016 regarding holding of 28th meeting of Standing Committee of Voluntary Agencies(SCOVA) under the Chairmanship of Hon’ble MOS(PP), the date and time of the meeting is indicated below:-

Date:- 16th May, 2016 (Monday) Time:- 11 am

2. Venue of the meeting will be intimated soon. Because of the constraint of space only one representative may attend the above said meeting. It is requested that that the name of the member nominated to attend the said meeting may kindly be sent to the undersigned.

3. Only one outstation member will be paid TA/DA and local members will be paid conveyance charges in accordance with rules/instructions. Outstation members will be paid TA/DA as per their last entitlement on retirement. Therefore, members are requested to bring copy of their PPOs for determining the entitlement of TA/DA claims. However, for journey above 1000 kms, TA/DA to non-official members will be regulated as per this Department’s OM no. 42/11/2014-P&PW(G) dated 19.05.2014.

4. This Department looks forward to your participation in the meeting.

Yours faithfully

(Sujasha Choudhary)
Deputy Secretary to the Government of India

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Modernization of Service Book

Modernization of Service Book

F.No.21011/ 15/ 2010-Estt.(Allowance)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

* * *

New Delhi, 5th April, 2016.

 Office Memorandum

Subject: Modernization of Service Book

The undersigned is directed to state that there is a proposal to modernize the Service Book to make it user friendly. The proposed format of the Service Book is annexed herewith.

2. All Ministries/Departments are requested to offer the comments, if any, within 15 days of this O.M.

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Jammu and Kashmir (Relaxation of Upper Age Limit for Recruitment to Central Civil Services and posts) Amendment Rules, 2014

Jammu and Kashmir (Relaxation of Upper Age Limit for Recruitment to Central Civil Services and posts) Amendment Rules, 2014.

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 30th September, 2014

G.S.R. 707(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 the persons serving in the Indian Audit and Accounts Department, the President hereby;makes the following rules further to amend the Residents of the State of Jammu and Kashmir (Relaxation of Upper Age Limit for Recruitment to Central Civil Services and posts) Rules, 1997, namely:-

1, (I) These rules may be called the Residents of the State of Jammu and Kashmir (Relaxation of Upper Age Limit for Recruitment to Central Civil Services and posts) Amendment Rules, 2014.
(2) They shall be deemed to have come into force with effect from the I n day of January, 2014.

2. In the Residents of the State of Jammu and Kashmir (Relaxation of Upper Age Limit for Recruitment to Central Civil Services and posts) Rules, 1997, in rule 1, in sub-rule(3), for the figures “2013”, the figures “2015” shall be substituted.

[F.No.15012/1/2014-Estt(D)]
MAMTA KUNDRA, Jt. Secy.

Note: The principal rules were published in the Gazette of India, Extraordinary, vide notification number G.S.R. 208(E) dated the 10th April, 1997 and subsequently amended vide:-

1. G.S.R. 826(E) dated the 27th December, 1999;
2. G.S.R. 919(E) dated the 22nd December, 2001;
3. G.S.R. 879(E) dated the 10th November, 2003;
4. G.S.R. 707(E) dated the 6th December, 2005;
5. G.S.R. 761 (E) dated the 7th December, 2007;
6. G.S.R. 839 (E) dated the 23rd November, 2009; and
7. G.S.R. 915(E) dated the 30th December, 2011.

EXPLANATORY NOTE
The Central Government has decided to extend the age relaxation to all persons who had ordinarily been domiciled  in the State of Jammu and Kashmir during the period from the 1st day of January, 1980 to the 31st day of December, 1989 for a further period of two years beyond 31st December, 2013.

2. It is clarified that nobody’s interest will be adversely affected by the retrospective effect being given to the rules.

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/15012_1_2014-Estt.D-30092014.pdf

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Minutes of the meeting held on 16.04.2015 at 11:00 AM to review the progress of implementation of the guidelines on prevention of sexual harassment of women at the workplace

Minutes of the meeting held on 16.04.2015 at 11:00 AM to review the progress of implementation of the guidelines on prevention of sexual harassment of women at the workplace

F. No. 11013/2/2014-Estt.A-III
Government of India
Ministry of Personnel, PG & Pension
Department of Personnel & Training
Establishment A-III Desk
*****

North Block, New Delhi
Dated 5 May, 2015

OFFICE MEMORANDUM

Subject: Meeting held on 16.04.2015 to review the progress of implementation of the guidelines on prevention of sexual harassment of women at the workplace- forwarding of minutes – regarding.
The undersigned is directed to forward herewith a copy of the Minutes of the above meeting held on 16.4.2015 for information and action as appropriate.

(Mukesh Chaturvedi)
Director (E)
Telefax: 2309 3176

Encl: as above

Minutes of the meeting held on 16.04.2015 at 11:00 AM to review the progress of implementation of the guidelines on prevention of sexual harassment of women at the workplace

A meeting was convened under the chairmanship of Secretary, Department of Personnel & Training, to review the progress of implementation of the guidelines on prevention of sexual harassment of women at the workplace. The Chairpersons of the Complaint Committees set up in the Ministries / Departments had been invited. The list of participants is annexed.

2. Joint Secretary (Establishment) [JS(E)] in DOPT welcomed the participants from various Ministries / Departments located in Delhi and outside. She explained that the purpose of the meeting was that ever since setting up the Complaints Committees in the wake of the historic Vishakha judgment of the Hon’ble Supreme Court in a matter relating to sexual harassment of women at the workplace, the issue had not been adequately discussed. The meeting sought to review the progress of implementation of the guidelines issued by the Apex Court. JS(E) referred to the various guidelines issued from time to time. The Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013 [SHWW(PPR) Act] had been promulgated on 22.4.2013 and the rules framed thereunder were notified in December, 2013. The amendments since made in the Central Civil Services (Conduct) Rules, 1964 and the Central Civil Services (Classification, Control & Appeal) Rules, 1965 to align them with the provisions of the Act were also flagged.

3. A presentation on all the applicable guidelines and rules on the issue was made by Director (Establishment) in the Department. The presentation covered the guidelines of Apex Court in the Vishakha case, the earlier provisions of the Conduct Rules and the amendments made in November, 2014. During the presentation, the attention of the participants was also drawn to the DOPT’s guidelines issued vide Office Memorandum dated 27.11.2014 and 02.02.2015, which summarized the extant provisions relating to setting up and functioning of Internal Complaint Committees.

4. Upon conclusion of the presentation, JS(E) invited the participants to share their experiences as the Chairpersons of the Committees and also to seek clarifications, if any, on the issue. The participants were very appreciative of the initiative of Secretary(Personnel) in calling this meeting. They found the discussion of the salient features of the Act, such as the requirement to refer the complaints to the Disciplinary Authorities so as to avoid instances of non-compliance of the procedure for inquiry laid down in the rules, and the provision calling for action if a compliant is found false, as very helpful. The participants desired to know if the mandate of the Committees could be increased so as to address the general concerns of the women employees as well.

5. At this point the Chairman shared his experience of his involvement in a Conference called by Public Sector Undertaking on Women’s Participation in Public Sector. He mentioned that the available data indicates that efforts need to be intensified so that the various welfare measures introduced from time to time actually reach women employees. He mentioned that the women employees were not represented in adequate numbers in various training programmes. He said that while results of most examinations at various academic levels show exceptional achievement of girl students, the percentage of representation of women in work force remains dismally low. He stressed the need for making the working environment more conducive to the women as their percentage of representation, though low at this stage, is likely to rise in the coming years. On the general observation made by the participants regarding increasing the ambit of the Internal Complaint Committees, Secretary (P) mentioned that the Committees which are supposed to meet on regular basis should also invite the women workers for general consultations. He suggested that the Committees could play an active role in making the working environment more conducive by looking into some general issues such as grant of child care leave, increasing the representation in training for women, looking at the status of availability of basic facilities such as toilets, crèche, women staff room, etc. He said that it is time that the Chairpersons of the Committees realized that he Compliant Committees headed by them are fairly empowered and much can be done by them.

6. During the discussion, Director(DoPT), Chairperson of the Committee in DOPT, shared her experience as the Head of the Committee during the last few years. She mentioned that the Committee in DOPT is called as the Women Welfare Committee as it embraces and addresses concerns and complaints of all kinds from the women employees, including welfare. She mentioned that for the last three years the Committee has been holding half-day workshops on International Women’s Day, which have been well received by the women employees, as it had provided a platform where all issues that may cross the minds of women employees are attempted to be addressed.

7. On the issue of crèches, some participants requested Secretary (P) to direct DoPT officials to play an active role in setting up of crèches in more buildings. Secretary(P) assured that the needful could be done, but proactive role has to be played by concerned departments. He advised them to explore the possibility of ear-marking spaces in their buildings, so that crèches could come up at more places.

8. The participants also stressed the need to increase awareness amongst the male employees on how the rules had been amended to prevent instances of harassment of women employees. The participants favoured inclusion of this subject in training programmes run by ISTM and other training institutes and that more and more male employees need to be put through gender sensitization programmes. JS(E) mentioned that gender sensitization was already a part of the training programmes and modules being conducted by ISTM and other training academies. She mentioned that the Committees should do their best to increase awareness by having regular interactions with the women employees, particularly new entrants in service, so that a feeling of confidence could be developed in them. She mentioned that only through regular interaction could it be ascertained as to what the problems being faced by them were. She mentioned that the Compliant Committees could issue guidelines and even instructions at their end to the administration of the Ministry / Department, if they are found wanting in their duties towards the women employees. Some other general issues which were raised by many participants related to admissibility of travelling allowance, dearness allowance to the Members of the Committees and also to the Members from NGOs / other authorities, which were also clarified.

9. Secretary (P) suggested to the participants that they could write to DOPT officials on any other matter of their concern and seek their response and guidance. He suggested that such meetings could be held on regular basis, so that the participants could benefit from each other’s experience as functionaries of the Compliant Committees. He mentioned that he Government is committed to asserting its role as an ideal employer and providing a safer and conducive workplace to the women employees was part of the resolve. He summed up by stating that the Committees need to expand their role, so that we could reach the ideal situation where there is no instance of harassment of women employees.

10. The meeting ended with a vote of thanks to the Chair.

Source - http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11013_2_2014-Estt.A-III-05052015.pdf

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Special concessions to Central Government Employees working in Kashmir Valley in attached/subordinate offices or PSUs falling under the control of Central Government

Special concessions to Central Government Employees working in Kashmir Valley in attached/subordinate offices or PSUs falling under the control of Central Government.

No.18016/3/2011-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
***

New Delhi, the 20th April, 2015.

OFFICE MEMORANDUM

Subject:- Special concessions to Central Government Employees working in Kashmir Valley in attached/subordinate offices or PSUs falling under the control of Central Government.

The undersigned is directed to refer to this Department’s O.M. No. 18016/3/2011-Estt.(L) dated 27th February, 2014 on the subject mentioned above and to state that it has been decided by the competent authority to extend the package of concessions/incentives to Central Government employees working in Kashmir Valley for a further period of two years w.e.f. 01.01.2014. The package of special incentives for the year 2014 will continue to be the same as in 2013 and the package from 01.01.2015 to 31.12.2015 has been revised. The package for two years is as per Annexure.

2. The package of incentives is uniformly applicable to all Ministries/ Departments and PSUs under the Government of India and they should ensure strict adherence to the rates prescribed in the package. The concerned Ministry/Department may ensure implementation and monitoring of the package in conformity with the approved package, and therefore, all Court cases in which verdicts are given contrary to the package would have to be contested by the Ministry/Departments concerned.
Encls: As above.

(Mukul Ratra)
Director

To
All Ministries/Departments of the Govt. of India. (As per list)

ANNEXURE

ANNEXURE to DOPT’s O.M. No.18016/3/2011-Estt.(L) dated the 20th April, 2015

DETAILS OF PACKAGE OF CONCESSIONS TO CENTRAL GOVERNMENT EMPLOYEES WORKING IN KASHMIR VALLEY IN ATTACHED/SUBORDINATE OFFICES OR PSUs FALLING UNDER THE CONTROL OF CENTRAL GOVERNMENT.
[Kashmir Valley comprises of ten districts namely, Anantnag, Baramulla, Budgam, Kupwara, Pulwama, Srinagar, Kulgam, Shopian, Ganderbal and Bandipora]

I. ADDITIONAL H.R.A AND OTHER CONCESSIONS :
(A) Employees posted to Kashmir Valley:
(i) These employees have an option to move their families to a selected place of their choice in India at Government expense. T.A. for the families allowed as admissible in permanent transfer inclusive of transportation of personal effects, lump-sum payment for packing etc.
(ii) Departmental arrangements for stay, security and transportation to the place of work for employees.
(iii)HRA as for Class ‘Y’ city applicable for employees exercising option at (i). Such employees will be eligible for drawing the normal HRA as well at their place of posting provided Departmental arrangement is not made for his/her stay.
(iv)The period of temporary duty extended to six months. For period of temporary duty daily allowance at full rate is admissible, apart from departmental arrangements for stay, security and transporation.
(B) Employees posted to Kashmir Valley who do not wish to move their families to a selected place of residence :

II PER DIEM ALLOWANCE FOR THE YEAR 2014:
A per diem allowance of Rs.10/- is paid for each day of attendance to compensate for any additional expense in transportation to and from office etc. This will be in addition to the transport allowance, which the employee is otherwise eligible for under Ministry of Finance order No. 21(2)/2008-E.II(B) dated 29.08.2008.

III. MESSING FACILITIES FOR THE YEAR 2014 :
Messing Allowance to be paid to the employees at a uniform rate of Rs.15/- per day by all Departments, or in lieu messing arrangements to be made by the Departments themselves. This rate of allowance will have to be adhered to uniformly by all the Ministries/Departments with effect from 01.07.1999. The slightly higher rate of Rs.25.50/- adopted by the Department of Telecom and Posts and allowed to be continued as a special case by the Department of Personnel in consultation with the Ministry of Finance, would, however, continue to be paid at the said rate.

IV PER DIEM ALLOWANCE FOR THE YEAR 2015:
The per diem allowance of Rs. 10/- paid for each day of attendance to compensate for any additional expense in transportation to and from office etc. is raised to Rs.50/- per day at par with the above reimbursement of travel charges for travel within city.

V MESSING FACILTIES FOR THE YEAR 2015 :
Messing allowance of Rs. 15/- & 25.50 is revised at par with rates of ration money given to CAPFs personnel i.e. Rs. 85.96.

VI. PAYMENT OF MONTHLY PENSION TO PENSIONERS OF KASHMIR VALLEY:
Pensioners of Kashmir Valley who are unable to draw their monthly pensions through either Public Sector Banks or PAO treasuries from which they were receiving their pensions, would be given pensions outside the Valley where they have settled, in relaxation of relevant provisions.


NOTE :-1. The package of concessions/facilities shall be admissible in Kashmir Valley comprising of ten districts namely, Anantnag, Baramulla, Budgam, Kupwara, Pulwama, Srinagar, Kulgam, Shopian, Ganderbal and Bandipora.

2. The package of concessions/facilities shall be admissible to Temporary Status Casual laborers working in Kashmir Valley in terms of Para 5(i) of the Causal Laborers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993.

3. The benefit of additional HRA admissible under the Kashmir Valley package shall be admissible to all Central Government employees posted to Kashmir Valley irrespective of whether they are natives of Kashmir Valley, if they choose to move their families anywhere in India subject to the conditions governing the grant of these allowances.

4. The facilities of Messing Allowance and Per Diem Allowance shall also be allowed to natives of Kashmir Valley in terms of the Kashmir Valley package.

Source : http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/18016_3_2011-Estt.L-20042015.pdf

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