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

Thursday, November 01, 2018

Entry Pay for KV Teachers Appointed On or After 1.1.2006


Entry Pay for Direct Recruits Appointed on or after 1.1.2006

Pay Fixation in the Case of Persons Other han Such Direct Recruits.

Kendriya Vidyalaya Sangathan
18, Institutional Area 
Shaheed Jeet Singh Marg 
New Delhi – 16
F.No.1 10239/52/2018/KVS (HQ)/Budget
Dated: 29.10.2018
Deputy Commissioner/Director
 Kendriya Vidyalaya Sangathan 
All Regional Offices and ZIETs

Sub: Central Civil Services(Revised Pay) Rules, 2008 – Section II of the Part ‘A’ of the First Schedule thereto – entry pay for direct recruits appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits.

Madam/Sir,
I am directed to refer to MHRD letter No.F.3-6/2018-UT.2 dated 23rd Oct,2018(copy enclosed) on the subject mentioned above and to forward herewith a copy Of Department of Expenditure’s O.M.No.8-23/2017-E.IIIA dated 28.9.2018 conveying therein the decision of the Government of India on the matter of grant of entry pay to employees who had joined prior to 1.1.2006 and whose pay, as fixed in the revised pay structure under Rule 7 thereof as on 1.1.2006, turns out to be lower than the prescribed entry pay for direct recruits of that post.

You are therefore requsted to examine and decide such cases of pay anomalies in light of the aforementioned decision conveyed by the Department of Expenditure. It is also advised that the action taken in this regard may be brought to the notice of the Hon’ble Tribunals/Courts where such matters are presently sub-judice, so that these cases may be disposed of at the earliest.

sd/- 
(Sanjay Kumar)
 Asstt. Commissioner (Fin)
Souce: http://kvsangathan.nic.in
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Saturday, October 27, 2018

Stepping Up of Pay-Consolidated Guidelines – Dopt Orders dt. 26.10.2018


Stepping Up of Pay-Consolidated Guidelines – Dopt Orders dt. 26.10.2018

Stepping up of Pay-Consolidated guidelines – Dopt Issued Orders on 26.10.2018

No.4/3/20 17-Estt(Pay-I) 
Government of India
 Ministry of Personnel, Public Grievances and Pensions 
Department of Personnel and Training
North Block, New Delhi, 
Dated the 26th October, 2018
OFFICE MEMORANDUM
Subject:- Stepping up of pay-Consolidated guidelines-reg.

The undersigned is directed to say that the issue of anomaly relating to senior Government employees drawing less pay than their juniors due to application of provisions of FR 22(I)(a)(1) is considered on merits for allowing stepping up pay of the seniors so as to bring it at par with that of the junior in accordance with the guidelines scattered in various OMs noted in the margin. A need has been felt to consolidate guidelines on stepping up of pay at one place keeping in view the provisions of the Central Civil Services (Revised Pay) Rules, 2016, [in short CCS(RP)Rules, 2016] as the frequent references on such issues continue to be received in this Department.

2. Consequent upon implementation of CCS(RP)Rules, 2016, the President is pleased to decide the following:

(i) In order to remove the anomaly of a Government servant promoted or appointed to a higher post on or after 1-1-2016 drawing lower pay in that post than another Government servant junior to him in the lower grade and promoted or appointed subsequently to another identical post, the pay of the senior Government servant in the higher post should be stepped up to a figure equal to the pay as fixed for the junior Government servant in that higher post. The stepping up should be done with effect from the date of promotion or appointment of the junior Government servant and will be subject to the following conditions, namely:

(a) both the junior and the senior Government servants should belong to the same cadre and the posts in which they have been promoted are identical in the same cadre;

(b) the Level in the Pay Matrix of the lower and higher posts in which they are entitled to draw pay should be identical;

(c) the anomaly is directly as a result of the application of the provisions of Fundamental Rule 22(I)(a)(1) read with Rule 13 of CCS(RP)Rules, 2016. For example, if the junior officer was drawing more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this subrule should not be invoked to step up the pay of the senior officer.

(ii) The order relating to re-fixation of the pay of the senior officer in accordance with clause (i) shall be issued under Fundamental Rule 27 and the senior officer shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.

3. The following instances/events wherein juniors draw more pay than seniors, do not constitute anomaly and, therefore, stepping up of pay will not be admissible in such events:

(a) Where a senior proceeds on Extra Ordinary Leave which results in postponement of his Date of Next Increment in the lower post and consequently he starts drawing less pay than his junior in the lower grade itself. He, therefore, cannot claim pay parity on promotion even though he may be promoted earlier to the higher grade than his junior(s);

(b) If a senior forgoes/refuses promotion leading to his junior being promoted/appointed to the higher post earlier and the junior draws higher pay than the senior.

(c) If the senior is on deputation while junior avails of the ad-hoc promotion in the cadre, the increased pay drawn by the junior due to ad-hoc/officiating and/or regular promotion following such adhoc promotion in the higher posts vis-à-vis senior, is not an anomaly in strict sense of the term;

(d) If a senior joins the higher post later than the junior, for whatsoever reasons, whereby he starts drawing less pay than the junior. In such cases, senior cannot claim stepping up of pay at par with that of his junior. 

(e) If a senior is appointed later than the junior in the lower post itself whereby he is in receipt of lesser pay than the junior, in such cases also the senior cannot claim pay parity in the higher post if he draws less pay than his junior though he may have been promoted earlier to the higher post.

(f) Where an employee is promoted from lower post to a higher post, his pay is fixed with reference to the pay drawn by him in the lower post under FR22(I)(a)(1) read with Rule 13 of CCS(RP)Rules, 2016 and due to his longer length of service in the lower grade, his pay may get fixed at a higher stage than that of a senior direct recruit appointed to the same higher grade and whose pay is fixed under different set of rules. For example a Senior Secretariat Assistant (SSA) on promotion to the post of Assistant Section Officer (ASO) gets his pay fixed under FR 22(I)(a)(1) with reference to the pay drawn in the post of SSA, whereas the pay of ASO(DR) is fixed under Rule 8 of CCS(RP)Rules, 2016 at the minimum pay or the first Cell in the Level, applicable to ASO to which he is appointed. In such a case, the senior ASO (DR) cannot claim pay parity with that of the promotee junior ASO.

(g) Where a senior is appointed in higher post on ad-hoc basis and is drawing less pay than his junior who is appointed in the same cadre and in same post on ad-hoc basis subsequently, the senior cannot claim pay parity with reference to the pay of that junior since the ad-hoc officiating service in higher post is reversible and also since full benefits of FR22(I)(a)(I) are not available on ad-hoc promotion but only on regular promotion following such ad-hoc promotion without break.

(h) Where a junior gets more pay due to additional increments earned on acquiring higher qualifications.
Note: The above instances/events are only illustrative and not exhaustive.

4. These orders shall be in supersession of D/o Expenditure’s OM No.F.2(78)-E.III(A)63 dated 2nd February, 1966 and DOP&T’s OM No.4/7/92-Estt(Pay-I) dated 4th November, 1993.
5. This OM is effective from 0 1.01.2016.

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

7 Hindi version will follow.
sd/-
(Rajeev Bahree) 
Under Secretary to the Government of India.
Source: https://dopt.gov.in/
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Monday, October 15, 2018

MACP in Promotional Hierarchy – AlCAEA


MACP in Promotional Hierarchy – AlCAEA

Discrimination in granting Grade Pay on Grant of Financial Benefits under M.A.C.P. – Violation of Government Order and judicial Verdicts

All India Civil Accounts Employees Association
(Recognized by Govt of India)
 Central Headquarters 
Phone No. 011-23345070, 
Mob.No.9868520926 
e-mail: aicaeachq@gmail.com

Central Office: 
Room No.251, ‘B’ Wing, 
Loknayak Bhawan, Khan Market,
 New Delhi-110003
Address for Communication: 
17/2-C, P&T Quarters, 
Kali Bari Marg, 
New Delhi-110001
No:- AlCAEA/HQ/A-2/2018/412
Dated: 08.10.2018
To, 
Shri Anthony Lianzuala, 
Controller General of Accounts, 
Ministry of Finance, 
Department of Expenditure,
4th Floor, 
GPOA, Block-E, INA, 
New Delhi – 110023

Subject: – Discrimination in granting Grade Pay on Grant of Financial Benefits under M.A.C.P. – Violation of Government Order and judicial Verdicts.

Sir, On behalf of members of this Association I am to submit herewith following facts for your kind consideration and early favorable action.

1. The Ministry of Personnel, Public Grievances and Pension under O.M. No. 38/86/03-P&PW(A) dated 26-04-2004 has granted parity of Pay Scales in organized Accounts cadre w.e.f. 01-01-1996 notionally and actually from 19-02-2003 as shown below:

S. No.
Name of the Post
Existing Pay Scale as on 01-01-1996
Up-graded Pay Scale to be applicable.
1.
Auditor/Accountant
4000-100-6000
4500-125-7000
2.
Sr. Auditor/Sr. Accountant
5000-150-8000
5500-175-9000
3.
Section Officer/junior Accounts Officer
5500-175-9000
 6500-200-10500
4.
Asst. Audit Officer/Asst. Accounts Officer
6500-200-10500
7450-225-11500
The hierarchal set up of the Department is:

1.
Accountant  Group ‘C’
Filled in by Direct Recruitment or by Promotion from L.D.C.
2.
Sr. Accountant Group ‘B’ Non-Gazetted
Promotional Post to Accountant
4.
Asst. Accounts Officer Group ‘B’
Promotion Post to Senior Accounts Officer on passing the Departmental Examination and on seniority -cum fitness basis
3. The 6th Central Pay Commission has merged the post of Section Officer with Assistant Accounts Officer from 01-01-2006. The 6th Pay Commission has recommended the Pay Band 2 in the Pay Scale of Rs. 9300-34800 Plus Grade Pay of Rs. 4200/- to the Senior Accountant. The Asst. Accounts Officer were also given the Pay Band No. 2 but they were given the Grade Pay of Rs. 4800/-.
Read also: Option for Fixation of Pay on MACPS – Finmin Orders dt.18.6.2018
4. The Government of India, Ministry of Personnel, Public Grievances and Pensions under O.M. No. 35034/3/2008-Estt (D) dated 19-05-2009 has introduced the Scheme of Modified Career Progression Scheme (for brevity M.A.C.P.) which is the modified version of earlier A.C.P. Scheme. As per the Scheme the Government Servants will be granted 3 financial up- gradations after completion of 10, 20 and 30 years of service if they have not received any regular Promotion. The condition No. 2 read with 6.2 of the Annexure 1 of the OM. laid down that:
…….financial upgradations under the Scheme should be done strictly in accordance with the hierarchy of grade pays in pay bands as notified vide CCS (Revised Pay) Rules, 2008”
According to the information available to this Association, the Senior Accountants are being granted Grade Pay of Rs. 4600 /-(level 7 of pay matrix) on grant of benefits under M.A.C.P.
In this connection, your kind attention is invited to the following orders/Judgments of the various Tribunals/ High Courts/Supreme Court wherein the Tribunals/ High Courts have held that the Grade Pay of hierarchical Promotion Post has to be given on grant of financial benefits under M.A.C.P.
1. Central Administrative Tribunal (C.A.T.) Ernakulam Order dated 27-09-2011 in T.P.Leena Vs. Union of India. The Tribunal has granted the Grade Pay of Rs. 4800/- on grant of lst Financial Benefit under M.A.C.P. from Rs. 4200/-.
2. The High Court of Ernakulam has by Judgment dated 21-06-2012 in the case of Union of India Vs. T.P.Leena has upheld the Order of CAT. and Hon’ble Supreme Court has dismissed the S.L.P. by Judgment dated 15-10-2012 holding that there is no reason to interfere with Impugned Order.
[Copies of above Order/ judgments are enclosed as Annexure ‘A’)
Check also: Pay Fixation from DNI on MACPS – DOPT Clarification dt. 20.9.2018
3. CAT New-Delhi by Order dated 26-11-2012 in Sanjay Kumar & others Vs. Ministry of Defence & others has granted the Grade Pay of Promotion Post (Copy enclosed).

Sir, it would not be out of place to submit that the Controller of Accounts C.B.D.T. Mumbai in compliance of C.A.T. Mumbai order has by order No. ZAO/MACP/ADMN/12015-16 dated 01-02-2016 has granted Grade Pay of Rs. 4800[- (level 8 of Pay Matrix] to 13 Senior Accountants on grant of benefits of 2“d M.A.C.P. The copy of the Order is enclosed as Annexure ‘B’ for your perusal.

It is further submitted that the Principal Chief Controller of Accounts. Zonal Accounts Office, CBDT, Mumbai has, while quoting Principal Chief Controller of Accounts C.B.D.T. New- Delhi letter No. -PCCA/CBDT/Estt/Rep/2018-381-382 dated 01-08-2018 has granted benefits of 3rd M.A.C.P. to 16 Senior Accountants under order No. ZAO/CBDT/MUM/ADMN/MACPS/2018-191 742 dated 04-09-2018 [Copy enclosed]. The perusal of the order would exhibit that all the Senior Accountants were in receipt of Grade Pay of Rs. 4800/- (level 8 ef Pay Matrix] on grant of benefits of 2nd M.A.C.P. and they have been granted Grade Pay of Rs. 5400/-[level 9 of Pay Matrix) which is the Grade Pay of hierarchical Post of Asstt. Accounts Officer.

In View of submission made in the letter, it is clear that the members of our Association are meted out with discrimination as far as grant of Grade Pay of Rs. 4800/-[level 8 of Pay Matrix) on grant of benefits of M.A.C.P. to Senior Accountants are concerned. They are given the Grade Pay of Rs. 4600/- [level 7 of Pay Matrix). This amounts to discrimination and violative of Article 14 and 16 of the Constitution of India. It is therefore requested that the Grade Pay of Rs. 4800/-(level 8 of Pay Matrix) may please be granted to all the Senior Accountants who have been granted benefits of M.A.C.P. A comprehensive review may please be taken and set right the grave injustice caused to our members.

In this context the observation of Principal Bench New Delhi in the case of All India Defence Civilian Clerks Association of ADC and Records Office and another Vs. The Secretary, Ministry of Defence and others in order dated 01-02-2012 (Copy enclosed) assumes importance.
We do not understand the logic of the Ministry of Defence, D.O.P & T. Ministry of Finance or even the Ministry of Law as to how the aforesaid directions as upheld by Hon’ble High Court of Delhi and the Apex Court cannot be made applicable to the Applicants who are admittedly similarly placed. In our considered opinion the Respondents/Departments should desist from rejecting the genuine request of the employees and force them to knock the door of Courts unnecessarily without any justifiable grounds.
In view of above observation of Hon’ble Principal Bench I request you to consider our request positively and arrange to do justice by removing the discrimination between the two set of similarly situated employees.
Thanking you
Yours faithfully
 sd/-
  (V. Bhattacharjee) 
Secretary General
Source: http://nfcaahqnd.blogspot.com
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Monday, October 01, 2018

Structure of Entry Pay in 6th CPC for Direct Recruits


Structure of Entry Pay in 6th CPC for Direct Recruits

Entry Pay in the Revised Pay Structure for Direct Recruits Appointed on or After 1.1.2006

CCS (RP) Rules, 2008 – Section II of the Part ‘A’ of the First Schedule

Pay Band 1 Rs. 5200-20200

Grade Pay
Pay in the Pay Band
Basic Pay
1800
5200
7000
1900
5830
7730
2000
7510
9910
2800
8560
11360

Pay Band 2 (Rs. 9300-34800)

Grade Pay
Pay in the Pay Band
Basic Pay
4200
9,300
3,500
4600
12,540
17,140
4800
13,350
18,150

Pay Band 3 Rs. Rs.15 600-39100)

Grade Pay
Pay in the Pay Band
Basic Pay
5400
15,600
21,000
6600
18,750
25,350
7600
21,900
29,500

Pay Band 4 (Rs. 37,400-67,000)

Grade Pay
Pay in the Pay Band
Basic Pay
8700
37,400
46,100
8900
40,200
49,100
10000
43,000
53,000
12000
47,100
59,100

Important Finance Ministry Order: CCS (RP) Rules, 2008 – Section II of the Part ‘A’ of the First Schedule – entry pay to DR appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits [Published on 28.9.2018]
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Entry Pay to DR Appointed on or after 1.1.2006 – Finmin Orders


Entry Pay to DR Appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits

CCS (RP) Rules, 2008 – Section II of the Part ‘A’ of the First Schedule – entry pay to DR appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits

[First Check this information before read this order: Structure of Entry Pay in 6th CPC for Direct Recruits]

No.8-23/2017-E.IIIA
Government of India 
Ministry of Finance 
Department Of Expenditure
North Block, New Delhi
 28th September, 2018
Office Memorandum

Subject: CCS (RP) Rules, 2008 – Section II of the Part ‘A’ of the First Schedule – entry pay to DR appointed on or after 1.1.2006 and pay fixation in the case of persons other than such direct recruits.

The undersigned is directed to invite the attention to the provisions contained in Section-2 of Part ‘A’ of the First Schedule Of the Central Civil Services (Revised Pay) Rules, 2008 which provides for entry pay in the revised pay Structure (pay structure effective from 1.1.2006 up to 31.12.2015) for direct recruits appointed on or after 1.1.2006 on a post and to say that pay in respect of persons appointed to the same posts before 1.1.2006 is required to be fixed as on 1.1.2006 under Rule 7 (1)(A)(i) and pay in respect persons appointed on the same post on promotion on or after 1.1.2006 is required to be fixed under Rule 13 thereof

2. A number of references were received in Ministry of Finance, Department of Expenditure, stating that the pay of seniors of a post was fixed at a stage lower than the entry pay applicable to the persons appointed on direct recruitment basis on that post on or after 1.1.2006. In such cases, stepping of pay was allowed to the senior employee at par with the entry pay of direct recruits of those posts, subject to the conditions, inter-alia, that stepping up of pay of seniors is applicable only in those cases which have an element of direct recruitment and where a directly recruited junior is actually drawing more basic pay than the seniors. Thus, the stepping up of pay of senior employees was admissible from the date a junior direct recruit joined on or after 1.1.2006

3. The matter was also considered in the meeting of the National Anomaly Committee (NAC) held on 17.7.2012 based on a demand raised by the Staff Side under the JCM NAC had recommended that in cases where Recruitment Rules provide for direct recruitment, then the Stepping up of pay of senior may be considered, even if no actual direct recruitment takes place or no direct recruit has actually joined. However, it was decided that stepping up of the pay of seniors can be claimed only in the case of those cadres which have an element of direct recruitment and in cases where a directly recruited junior is actually drawing more basic pay than the seniors. Thus, stepping up of pay was dependent upon actual joining of a direct recruit.

4. Trained Graduate Teachers (TGTs) of the Government of National Capital Territories of Delhi (GNCTD) filed OA No. 3217/2014 before the Honble Bench of CAT. The 13 petitioners of the post of Trained Graduate Teachers (TGT) those who were appointed as TGT before 1.1.2006 as also those who were promoted to the post of TGT on or after 1.1.2006. The pay of these 13 employees had been fixed as per the relevant provisions of the CCS(RP) Rules, 2008 and the happened to be lower than the entry pay as applicable to direct recruits of the post of TGT appointed on or after 1.1.2006. These petitioners prayed for re-fixing their pay as applicable to direct recruits appointed on or after 1.1.2006.

5. The Hon’ble Principal Bench of CAT in their order dated 4.4.2016 in OA allowed the application and directed the Government to ensure that of the applicant’s pay is fixed at a stage lower than the which could be drawn by a direct recruit appointed on or after 1.1.2006. The order of Hon’ble CAT dated 4.4.2016 was upheld by the Hon’ble Delhi High Court in terms of their order dated 23.3.2017 in WP(C ) No.2634/2017. The Honble Delhi High Court in its order dated 23.3.2017 observed, that the plea of stepping up of pay, as mentioned in para 2 above, means the direct recruits should actually joined before any stepping up of pay be granted and the date of joining would be different as filling up of direct recruit vacancies in the cadre would vacancy position, selection etc. The Honble Delhi High held that this was unacceptable.

6. The arising out of the order of Honble Delhi High Court dated 23.3.2017 was heard by the Hon’ble Supreme Court as part of the SLP and in its order dated 01.09.2017 (by. No. 23663/2017), the Honble Supreme Court has observed that once the question, in principle. has been settled. it is only appropriate on the part Of the Government to issue a Circular. The Honble Supreme Court further observed that the present situation is that the stepping up is available only to those who have approached the Court, but since the issue other-wise became final, the Honble Supreme Court directed Government to immediately look into the matter and issue appropriate orders.

7. Accordingly, the matter has been considered in the light of the above background and in the context of the specific orders of Hon’ble Supreme Court dated 01.09.2017 as arising out of the origiml issue raised by the Trained Graduated Teachers of GNCTD in terms of their OA No. 3217/2014. AS mentioned above, the petitioners in that case were those who were appointed as TGT before 1.1.2006 and also promoted as TGT on or after 1.1.2006, and had occasion for grievance because their in the pay structure in vogue from 1.1.2006 had been fixed lower than the entry pay as prescribed for direct recruits appointed as TGT on or after 1.1.2006. Therefore. the principle of the benefit of pay fixation, as flowing from the aforesaid orders of Hon’ble CAT, Hon’ble Delhi High Court and the Hon’ble Supreme Court, is that the pay of those who were appointed to the post prior to 1.1.2006 and those who were appointed to the post on promotion in the pay structure effective from 1.1.2006 onwards, and where in respect of such posts entry pay for direct recruits appointed on or after 1.1.2006 has been prescribed giving rise to differential pay, may not be lower than the said entry pay. It is the case of differential pay in respect of employees of a post, as caused by the existence of entry pay applicable for direct recruits on that post appointed on or after 1.12006, that has been addressed in the aforesaid case of the post of TGTs. In case entry pay as per Section 11 of Part A of the First Schedule of the CCS(RP) Rules, 2008 is not applicable in case of a post, the same will not give rise to differential pay for holders of the post and, hence, not covered under the ratio of the case of TGT.

8. Accordingly, the President is pleased to decide that in respect of those posts where entry pay for direct recruits appointed on or after 1.1.2006, as per Section 11 of Part A of the First Schedule of CCS(RP) Rules, 2008, becomes applicable by virtue of the provision of the element of direct recruitment in the relevant recruitment rules, the pay of Central government employees who were appointed to such posts prior to 1.1.2006 and whose pay, as fixed in the revised pay structure under Rule 7 thereof as on 1.1.2006 turns out to be lower than the prescribed entry pay for direct recruits of that post, shall not be less than such entry pay w.e.f. 1.1.2006. Likewise, the pay of Central Government employees who were appointed to such posts by way of promotion on or after 1.1.2006 and whose pay. as fixed under Rule 13 of CCS(RP) Rules, 2008, happens to be lower than the said entry pay, shall also not be less than such entry pay from the date of their promotion taking place on or after 1.1.2006.

9.In their application to the employees of office of Indian Audits and Accounts Department. these orders issue after consultation with the Comptroller and Auditor General Of India.

10.Hindi version of these orders is attached
sd/-
(Amar Nath Singh)
Director
Source: https://www.doe.gov.in/
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Tuesday, September 18, 2018

Prohibition on bringing any political or outside influence by Govt. servant – CGDA


Prohibition on bringing any political or outside influence by Govt. servant – CGDA

Prohibition on bringing any political or outside influence by Govt. servant or by their close relatives in respect of service matters

Controller General of Defence Accounts 
Ulan Batar Road, Palam, Delhi Cantt 110010
No.AN/XIII/13006Nol-XXII
Dated: 05/12.09.2018
To The PCsDA/CsDA The PIFAs/IFAs
(Through website)

Subject: Prohibition on bringing any political or outside influence by Govt. servant or by their close relatives in respect of service matters.
Reference: This HQrs letter bearing No. even dated 30.05.2017.

Please refer to the communication cited under reference containing guidelines regarding representation from Government servants on service matters. As per existing instructions, wherever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redressal of a grievance, the proper course for him is to address his immediate official superior, or Head of his office, or such other authority at the appropriate level who is competent to deal with the matter in the organization.
2. However, it has been observed that instances of bringing outside as well as political influence by the official and their close relatives in matters like transfer etc. are on the rise. Such trend has been viewed seriously and the officials concerned may be liable for disciplinary action for such transgression and violation of provisions of CCS (Conduct) Rules, 1964.
3. In this context, attention is also invited to DOP&T OM bearing F.No.11013/08/2013-Est(A-III) dated 31.08.2015.
4. The contents of this communication may be disseminated to all officers/ staff serving in your organization.
sd/-
 (Mustaq Ahmad)
 Dy.CGDA(Admin)
Authority: http://cgda.nic.in
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Sunday, September 16, 2018

‘All India Leave Travel Concession’ (AILTC) facility to Railway Employees


‘All India Leave Travel Concession’ (AILTC) facility to Railway Employees
Scheme of optional ‘All India Leave Travel Concession’ (AILTC) facility to Railway Employees

Scheme of optional ‘All India Leave Travel Concession’ (AILTC) facility, once in a block of four years (i.e. 2018-2021 onwards) on surrender of Privilege Passes (PP)

GOVERNMENT OF INDIA 
MINISTRY OF RAILWAYS 
(RAILWAY BOARD)
No.E(W)2017/PS5-1/3
New Delhi, dated 10.09.2018
The General Managers (P) 
All Zonal Railways & 
Production Units

Sub: Scheme of optional ‘All India Leave Travel Concession’ (AILTC) facility, once in a block of four years (i.e. 2018-2021 onwards) on surrender of Privilege Passes (PP). 
Ref: Department of Personnel & Training (DoP&T)’s OM No.31011/15/2017-Estt.A-IV dated 27.03.2018.
Pursuant to recommendations of Seventh CPC, DoP&T have communicated Government’s decision, vide their OM referred above, to allow the Railway employees to avail AILTC facility in accordance with the ‘Central Civil Services (Leave Travel Concession) Rules, 1988’ i.e. CCS (LTC) Rules.
2. Accordingly, in exercise of powers conferred vide Rule 1(3)(iii) of Railway Servants (Pass) Rules, 1986 (Second Edition-1993), the Competent Authority in the Ministry of Railways has accorded approval to exclude such railway servants and other eligible persons (i.e. eligible for PP) from the facility of Privilege Passes in that particular calendar year in which they opt for AILTC facility. Applicants may avail AILTC facility subject to conditions stipulated in para 2 of the referred OM dated 27.03.2018 (copy enclosed as Annexure-I). This facility is further subject to procedural guidelines/conditions stipulated hereunder.
3. These orders shall be applicable to 
(i) Railway Servants entitled to PPs; 
(ii) Other government department’s officials serving in railways on deputation and entitled to PPs; (iii) Other officials serving in railways and entitled to PPs; and 
(iv) Officials of Audit Department (Railway) entitled to PPs. The Competent Authorities concerned shall modify terms and condition of such officials as required and necessary. These orders would not be applicable to those who are undergoing minor penalty of stoppage of even a single PP at the time of application for availing AILTC.
4. Those officials, who opt for AILTC facility, would be issued a “Privilege Pass Surrender Certificate” (PPSC) i.e. a pre-requisite for availing AILTC facility. The “Pass Issuing Authority” (PLA) shall issue the PPSC as per format at Annexure-II, duly following the procedure stipulated as under:-
 (i) Applicant employee will submit an application (format at Annuexure-III) to the concerned PIA for issue of a PPSC.
 (ii) Thereafter, the PIA will first check the “Privilege Pass Account” (PPA) of the applicant to verify whether the applicant has already availed any PP or not in that particular calendar year.
 (iii) If applicant has already availed a PP in that particular calendar year, then the application for issue of PPSC would be rejected and the applicant should be intimated accordingly, as per format at Annexure-IV. 
(iv) If applicant has not availed any PP in that particular calendar year, the PIA concerned will disallow operation of PPA by blocking it with an entry (PPSC issued on date …/…/…./) in PPA so that the applicant is barred from drawing any PP, even inadvertently, during that particular calendar year in which AILTC facility has been opted. 
(v) If both husband and wife are entitled to PPs, both have to surrender their respective entitled PPs that are admissible to them in the calendar year in which either of them opt for AILTC facility. In this scenario, PIA will issue a single composite PPSC duly completing Part-II of the PPSC. 
The following procedure will be followed, additionally, in such cases:- 
(a) If PPAs of both the spouses are maintained by same PIA at the time of applying for AILTC facility, then the composite PPSC will be issued by the PIA after receipt of a joint application from both of them.
 (b) If PIAs of both the spouses are different (due to any reason or on account of their working in separate Railways/Divisions/Units, etc.,), the PPSC shall be issued by the PIA concerned of the applicant only after receipt of a “Confirmation Note in lieu of PPSC” (CN) to be issued (by other PIA as per format in Annexure-V) in favour of spouse of the main applicant. The spouse will apply for CN as per format at Annexure-VI. 
(vi) In case of a deputationist (i.e. Railway servant serving on deputation etc in any other organization) and eligible for PPs as per statutory rules, the PIA concerned will issue PPSC as per aforementioned procedure.
 (vii) The PIA will issue PPSC/CN or intimate about rejection/non-acceptance of the request, as the case may be, within ten working days of receipt of application. 
(viii) After issue of PPSC/CN, request for its cancellation and re-opening of PPA will not be entertained on any ground, even if AILTC facility could not be availed due to whatsoever reason i.e. whether administrative or personal reasons. 
(ix) The role of PIAs will cease once “PPSC” is issued to the applicant. Matters such as advance/reimbursement/travel entitlements during availing of AILTC shall be dealt by other respective Sections of Personnel/Accounts Department handling Travelling Allowance claims, taking into account PPSC as a basic document alongwith other documents stipulated in the CCS (LTC) Rules. 
(x) A duplicate PPSC/CN can only be issued under special circumstances by the PIA concerned after taking approval of the Principal CPO.

5. The Railways should administer the AILTC facility strictly in accordance with the CCS (LTC) Rules-1988, as modified from time to time, without any deviation. It may be noted that ‘Home Town LTC/Home Town converted LTC’ shall not be admissible to railway servants and the definitions of beneficiaries for LTC (e.g. members of family, dependents), dependency critieria, etc are different from that Railway Servants (Pass) Rules, 1986. A copy of DoP&T’s letter No.31011/7/2013-Estt.(A)-IV dated 26.09.2014, containing clarifications and illustrations on administering LTC entitlements of “Fresh Recruits” is enclosed as Annexure-VII. Accordingly, the AILTC facility shall be regulated fully by the conditions and definitions as laid down in the CCS (LTC) Rules.
6. Regarding travel entitlements for availing of AILTC facility, copies of following OMs, as applicable on date, are enclosed:-
Issued by
Details
Annexure No.
Ministry of Finance
OM No. 19030/1/2017-E.IV dated 13.07.2017
Annexure-VIII
DoP&T
OM No. 31011/8/2017-Estt.A-IV dt.19.09.2017
Annexure-IX
DoP&T
OM No. 31011/8/2017-Estt.A-IV dt. 18.01.2018
Annexure-X
It may be noted that DoP&T have stipulated vide their OM dated 19.09.2017 that (i) the travel entitlements for the purpose of LTC shall be the same as TA entitlements as notified vide MoF’s OM dated 13.07.2017, excepting the air travel entitlements for the employees in Level 6 to 8 of the Pay Matrix (para 3) and (ii) the other conditions that would govern the LTC facility (para 4). Hence, the same entitlements prevailing in civil side (i.e. not as per railway entitlement) will be applicable for availing AILTC facility.
7. To summarize, the position, as contained in above OMs, with certain modifications, is briefly brought out in the table below:-
Pay Level in
Pay Matrix
Travel/LTC entitlement for AILTC
Level 1 to 5
Travel entitlement/Class of travel, etc in various modes of transports shall be as per Ministry of Finance’s OM No.19030/1/2017-E.IV dated 13.07.2017 subject to other conditions stipulated in DoP&T’s OM No. 31011/8/2017-Estt-A-IV dated 19.09.2017.
Level 6 to 8
Air travel entitlement stipulated in Ministry of Finance’s OM No. 19030/1/2017 is not admissible for LTC. However, all other entitlements shall be as per aforementioned MOF’ OM dated 13.07.2017 and subject to other conditions stipulated in aforementioned DoP&T’s OM dated 19.09.2017.
Level 9 to 13 and NFSAG officers
Travel entitlement/Class of travel, etc in various modes of transports shall be as per Ministry of Finance’s OM No.19030/1/2017-E.IV dated 13.07.2017 subject to other conditions stipulated in DoP&T’s OM No. 31011/8/2017 subject to other conditions stipulated in DoP&T’s OM No. 31011/8/2017-Estt-A-IV dated 19.09.2017.
Level 14 & above (Excluding NFSAG officers)
Travel entitlement/Class of travel, etc in various modes of transports shall be as per Ministry of Finance’s OM No. 19030/1/2017-E.IV dated 13.07.2017 subject to other conditions stipulated in DoP&T’s OM No. 31011/8/2017-Estt.A-IV dated 19.09.2017 and also as clarified vide DoP&T’s OM No. 31011/8/2017-Estt.A-IV dated 18.01.2018.
8. The Zonal Railways and PUs are advised to get themselves familiarized with the extant CCS (LTC) Rules as well as clarifications available in the official website of DoP&T (i.e. presently (i) https://dopt.gov.in/ccs-lte-rules and (ii) https://dopt.gov.in/notification/oms-and-orders/ →LTC Rules). It may also be noted that OMs/Notifications related to CCS (LTC) Rules and issued and uploaded from time to time by DoP&T in their official website will come into force with immediate effect for regulation of AILTC facility as being extended by this order. Hence, these orders/instructions will not be circulated separately by the Ministry of Railways. Accordingly, the Railways and PUs should regularly visit the official website of DoP&T and download the latest instructions from time to time for settling claims of LTC etc and for compliance.
9. However, if any clarification in respect of TA Rules notified by Ministry of Finance is required, the same may be addressed to the Nodal Dte. in Board’s office viz. Finance Establishment Dte. for further examination and issue of appropriate clarification/reply.
10. This issues with the concurrence of the Finance Directorate of Ministry of Railways.
11. Hindi version will follow.
sd/- 
(V. Muralidharan) 
Dy. Director Estt. (Welfare)-I 
Railway Board
Authority: http://scrmuscdivision.com
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Wednesday, August 29, 2018

DoPT Orders 2018: Allowed to Re-Exercise the Option for Fixation of Pay under FR 22(l)(a)(1)


DoPT Orders 2018: Allowed to Re-Exercise the Option for Fixation of Pay under FR 22(l)(a)(1)

“Employee shall be allowed to re-exercise/ revise their option for fixation of pay under FR 22(l)(a)(1), within one month from the date of issuance of this OM.”

No.13/02/2017-Estt.( Pay-I) 
Government of India 
Ministry of Personnel, 
Public Grievances and Pensions 
Department of Personnel & Training
North Block, New Delhi 
Dated: 28th August, 2018
OFFICE MEMORANDUM

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

The undersigned is directed to refer to this Department’s OM of even number dated 27.07.2017, on the subject cited above. Following the issuance of the OM ibid, this Department has received a number of references seeking clarification on various aspects of the OM ibid. The matter has been considered in this Department in consultation with D/o Expenditure and the points of doubt are clarified as under:

SI. No.
Point of Doubt Clarification
1. The date of applicability of the OM ibid.
Since the OM ibid is in the context of 7th CPC Scenario, it is applicable from 01.01.2016.
2. Whether the employees who have been granted the pay fixation benefit on account of promotion between 01.01.2016 and the date of issuance of the OM ibid i.e. 27.07.2017, would be allowed to re-exercise/ revise their option for fixation of pay under FR 22(l)(a)(1).
Under the changed circumstances, after the issuance of this Department’s OM ibid, the employee shall be allowed to re-exercise/ revise their option for fixation of pay under FR 22(l)(a)(1), within one month from the date of issuance of this OM. Further, the option so revised, shall be final.

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

3. Hindi Version will follow.
sd/-
(Rajeev Bahree) 
Under Secretary to the Government of India
Click to view the order
 Authority: https://dopt.gov.in
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