Withdrawal of resignation of Central Government servants appointed after 31.12.2003 covered under the National Pension System

NPS - DoPT Orders 2019

Withdrawal of resignation of Central Government servants appointed after 31.12.2003 covered under the National Pension System (NPS)

No. 28035/2/2014-Estt. (A)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

North Block, New Delhi-11 0001

Dated: 10th June 2019

Office Memorandum

Subject: Withdrawal of resignation of Central Government servants appointed after 31.12.2003 covered under the National Pension System (NPS) reg.

The undersigned is directed to say that instructions on the procedure to be followed for 'Resignation from service' have been provided vide Ministry of Home Affairs O.M. No.39/6/57-Ests.(A) dated 06.05.1958, Department of Personnel & Training (DoPT) O.M. No.28034/25/87-Estt(A) dated 11 .02.1988, No.28034/4/94 - Estt.(A) dated 31 .05.1994 and No.28035/2/2007-Estt.(A) dated 04.12.2007. Para 5 of DoPT O.M. dated 11 .02.1988 referred to above, provides the procedure for withdrawal of resignation as governed by Rule 26 (4) to (6) of Central Civil Services (Pension) Rules, 1972. References are being received from Ministries/Departments on the request for withdrawal of resignation by Government servants appointed after 31 .12.2003 and for whom CCS (Pension) Rules are not applicable. The matter of withdrawal of resignation of Government servants of Central Civil Services/Posts, appointed after 31 .12.2003 who are covered under the National Pension System (NPS) and for whom CCS (Pension) Rules, 1972 is not applicable has been considered in this Department and with the approval of the competent authority, it has been decided that the following guidelines/ instructions may be followed while considering the request for withdrawal of resignation of the aforesaid Government servants.

The appointing authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely:

(a) that the resignation was tendered by the Government Servant for some compelling reasons which did not involve any reflection on his integrity, efficiency, or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him to tender the resignation ;

(b) that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the person concerned was in no way improper;

(c) that the period of absence from duty between the date on which the resignation became effective and the date on which the person is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days;

(d) that the post, which was vacated by the Government servant on the acceptance of his resignation or any other comparable post, is available.

3. Request for withdrawal of a resignation shall not be accepted by the appointing authority where a Government servant resigns his service or post with a view to taking up an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by the Government.

4. When an order is passed by the appointing authority allowing a person to withdraw his resignation and to resume duty, the order shall be deemed to include the condonation of interruption in service for the purpose.

5. No withdrawal from NPS corpus shall be permissible within a period of 90 days from the date on which the resignation becomes effective i.e. the resignation is accepted by the competent authority and the Government servant is relieved of his duties. However, the aforesaid condition shall not be applicable in case of death of the government servant after the resignation becomes effective.

6. The provision for withdrawal of resignation shall not be applicable for temporary Government Servants.

7. Above guidelines/instructions will be applicable only for the Government servants appointed on Central Civil Service/ Posts after 31.12.2003 who are covered under the National Pension System (NPS) and for whom CCS(Pension) Rules, 1972 is not applicable. Further, these guidelines/ instructions will be applicable till the time the statutory rules regarding withdrawal of resignation for such Government servants are notified.

8. This O.M. shall be prospective and cases already settled shall not be opened.

9. This issues in consultation with the Office of Comptroller and Auditor General of India.

10. It is requested to bring it to the notice of all concerned for strict compliance.

(Kabindra Joshi)

DirectorSource: DoPT

Source: DoPT

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Extending the benefit of financial upgradation under MACPS to Railway School Teachers

Extending the benefit of financial upgradation under MACPS to Railway School Teachers

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(Railway Board)

The issue under consideration is the issue of extending the benefit of financial upgradation under MACPS to Railway School Teachers instead of CAS (Career Advancement Scheme) presently operating for them. This issue has been raised by both the Federations (AIRF and NFIR) and IRPOF. Recently, this issue was also raised in 47th Meeting of NC/JCM held on 13-4-2019, chaired by Cabinet Secretary.

Sub: Extending the benefit of financial upgradation under MACPS to Railway School Teachers.

In the above context, it is stated that Railway School Teachers have all along been treated at par with teachers under Ministry of Human Resources and Development in every respect viz. recruitment qualification, pay structure, age of retirement etc. including Career Advancement Scheme (CAS). CAS was introduced in year 1988 based on recommendations of Dr. Chattopadhyaya Committee for the teachers under Ministry of Human Resources and the same was also adopted in respect of Railway Teachers which provides for grant of two financial upgradation on completion of 12 months 24 years of service with reference to the Recruitment Grade, in certain specified Pay Scales/ Grades called Senior Scale and Selection Scale respectively.

As Railway School Teachers are common category and their service conditions etc. are regulated as per identical terms and conditions as the teachers available under Ministry of Human Resource and Development (M/o HRD), therefore, CAS Scheme was continued in their respect instead of implementation of ACP/ MACP Scheme. On receipt of some representations / references stating that the MACP Scheme is being implemented in respect of teachers working under Ministry of Defence, Department of Space, a reference was made to M/o HRD vide Board's letter dated 18.12.2017, (followed by reminders dated 27.06.2018 and 27.01.2019) seeking clarification as to whether MACP Scheme can be implemented in respect of Railway School Teachers. M/o HRD vide their letter dated 26/11/2018 have advised that Railway Board is Competent Authority to decide the terms and conditions of service of Railway School Teachers and Department of, Personnel and Training may be approached for further clarifications on MACP provisions.

Meanwhile a copy of OM dated 26-4-2019 of Ministry of Human Resource Development enclosing a copy of Speaking Order dated 18-4-2019 passed in compliance of order dated 15-11-2018 by CAT/ Lucknow in OA No. 172/2014 for extension of MACP benefit to teachers under Kendriya Vidyalayas have been received. On perusal of the said Speaking Order it has been observed as under:

a) The Association of Kendriya Vidyalaya teachers had chosen to remain in the existing Scheme of three tier pay scales (i.e. CAS) and accordingly MHRD conveyed KVS that 'Government has decided not to extend ACP Scheme to the teachings staff of KVS and that they would continue in the existing scheme;

b) On implementation of MACP Scheme, the MHRD decided to extend the same to non-teaching staff of KVS;

c) MHRD considered the issue of extension of MACP benefit to teaching category of KVS in consultation with DOPT who in turn further consulted Department of-Expenditure  and taking note of the fact that one of the conditions for extending the benefit of MACPS was that the earlier ACP Scheme should have been adopted by the concerned authority and that the KVS itself had chosen not to opt for earlier ACP Scheme for their teaching staff, the proposal for grant of MACPS to teachers under KVS was not agreed by Deptt. of Expenditure;

d) In two cases viz. OA No. 3855/2015 before CAT/ PBNew Delhi and OA No. 515/2013 before CAT/ Ernakulam, the Tribunals have dismissed the claim for extension of MACP benefit to teachers under Kendriya Vidyalaya Sangatthan;

e) In view of the position stated in para (a) to (d) above, MHRD vide its Speaking order dated 18-4-2019 have declined the claim of KVS teachers for grant of MACP benefit.

3. It is pertinent to mention that benefit of financial upgradation accruing under CAS viz- a-viz MACP was examined in detail and it has been observed that MACP Scheme is broadly beneficial than the CAS presently being implemented for the Railway School Teachers as at the time of grant of financial upgradation under CAS, benefit of pay fixation is not allowed whereas in case of MACP, benefit of pay fixation is allowed an admissible in cases of normal promotion.

4. In view of the above and in terms of para 13 of DOP&T's OM dated 19-5-2009 it is proposed that CAS may be replaced by MACPS for grant of financial upgradation to the Railway School teachers.

5. This has the approval of Board (MS and, FC)

(Subhankar Dutta)

Deputy Director, pay Commission-V

Railway Board

Source: NFIR

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Extending the benefit of financial upgradation under MACPS to Railway School Teachers

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

The issue under consideration is the issue of extending the benefit of financial upgradation under MACPS to Railway School Teachers instead of CAS (Career Advancement Scheme) presently operating for them. This issue has been raised by both the Federations (AIRF and NFIR) and IRPOF. Recently, this issue was also raised in 47th Meeting of NC/JCM held on 13-4-2019, chaired by Cabinet Secretary.

Sub: Extending the benefit of financial upgradation under MACPS to Railway School Teachers.

In the above context, it is stated that Railway School Teachers have all along been treated at par with teachers under Ministry of Human Resources and Development in every respect viz. recruitment qualification, pay structure, age of retirement etc. including Career Advancement Scheme (CAS). CAS was introduced in year 1988 based on recommendations of Dr. Chattopadhyaya Committee for the teachers under Ministry of Human Resources and the same was also adopted in respect of Railway Teachers which provides for grant of two financial upgradation on completion of 12 months 24 years of service with reference to the Recruitment Grade, in certain specified Pay Scales/ Grades called Senior Scale and Selection Scale respectively.

As Railway School Teachers are common category and their service conditions etc. are regulated as per identical terms and conditions as the teachers available under Ministry of Human Resource and Development (M/o HRD), therefore, CAS Scheme was continued in their respect instead of implementation of ACP/ MACP Scheme. On receipt of some representations / references stating that the MACP Scheme is being implemented in respect of teachers working under Ministry of Defence, Department of Space, a reference was made to M/o HRD vide Board's letter dated 18.12.2017, (followed by reminders dated 27.06.2018 and 27.01.2019) seeking clarification as to whether MACP Scheme can be implemented in respect of Railway School Teachers. M/o HRD vide their letter dated 26/11/2018 have advised that Railway Board is Competent Authority to decide the terms and conditions of service of Railway School Teachers and Department of, Personnel and Training may be approached for further clarifications on MACP provisions.

Meanwhile a copy of OM dated 26-4-2019 of Ministry of Human Resource Development enclosing a copy of Speaking Order dated 18-4-2019 passed in compliance of order dated 15-11-2018 by CAT/ Lucknow in OA No. 172/2014 for extension of MACP benefit to teachers under Kendriya Vidyalayas have been received. On perusal of the said Speaking Order it has been observed as under:

a) The Association of Kendriya Vidyalaya teachers had chosen to remain in the existing Scheme of three tier pay scales (i.e. CAS) and accordingly MHRD conveyed KVS that 'Government has decided not to extend ACP Scheme to the teachings staff of KVS and that they would continue in the existing scheme;

b) On implementation of MACP Scheme, the MHRD decided to extend the same to non-teaching staff of KVS;

c) MHRD considered the issue of extension of MACP benefit to teaching category of KVS in consultation with DOPT who in turn further consulted Department of-Expenditure and taking note of the fact that one of the conditions for extending the benefit of MACPS was that the earlier ACP Scheme should have been adopted by the concerned authority and that the KVS itself had chosen not to opt for earlier ACP Scheme for their teaching staff, the proposal for grant of MACPS to teachers under KVS was not agreed by Deptt. of Expenditure;

d) In two cases viz. OA No. 3855/2015 before CAT/ PBNew Delhi and OA No. 515/2013 before CAT/ Ernakulam, the Tribunals have dismissed the claim for extension of MACP benefit to teachers under Kendriya Vidyalaya Sangatthan;

e) In view of the position stated in para (a) to (d) above, MHRD vide its Speaking order dated 18-4-2019 have declined the claim of KVS teachers for grant of MACP benefit.

3. It is pertinent to mention that benefit of financial upgradation accruing under CAS viz- a-viz MACP was examined in detail and it has been observed that MACP Scheme is broadly beneficial than the CAS presently being implemented for the Railway School Teachers as at the time of grant of financial upgradation under CAS, benefit of pay fixation is not allowed whereas in case of MACP, benefit of pay fixation is allowed an admissible in cases of normal promotion.

4. In view of the above and in terms of para 13 of DOP&T's OM dated 19-5-2009 it is proposed that CAS may be replaced by MACPS for grant of financial upgradation to the Railway School teachers.

5. This has the approval of Board (MS and, FC)

(Subhankar Dutta)
Deputy Director, pay Commission-V
Railway Board

Source: NFIR

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