Seventh Central Pay Commission’s Recommendations — Revision of Pay Scales - Amendment of Service Rules/Recruitment Rules Clarification Order issued by Dopt

No.AB.14017/13/2016-Estt.(RR)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

New Delhi

Dated: 9th August, 2016

OFFICE MEMORANDUM

Subject:- Seventh Central Pay Commission’s recommendations — revision of pay scales- amendment of Service Rules/Recruitment Rules

The recommendations of 7th CPC have been considered by the Government and the CCS (Revised Pay) Rules 2016 have been issued by Department of Expenditure vide Notification dated 25th July, 2016. Consequently, in place of the Pay Band and Grade Pay, the revised pay structure comprising the “LEVEL in the PAY MATRIX has come into effect. In the light of this, it has now been decided that the existing Service Rules/Recruitment Rules shall be amended by the Ministries/Departments by substituting the existing Pay Band and Grade Pay by the new pay structure i.e. “LEVEL in the PAY MATRIX” straightaway without making a reference to the Department of Personnel and Training (DOP&T)/Union Public Service Commission (UPSC). The heading of column No.4 of the Schedule in RRs may be modified to “LEVEL in the PAY MATRIX”. Similarly, in column 11 of Recruitment Rules, for promotion the corresponding “Pay Band and Grade Pay” needs to be replaced with corresponding “LEVEL in the PAY MATRIX”. In cases where deputation is also one of the methods of recruitment, the field of selection for deputation which includes various grades should also reflect the corresponding “LEVEL in the PAY MATRIX”.

2. The above amendments may be carried out by 30th September, 2016.

Sd/-

(G. Jayanthi)

Director (E-I)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/14017_13_2016-Estt.RR-09082016.pdf

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Consolidated Instructions on Forwarding of Applications of Government Servants for Outside Employment-regarding.

No.28011/1/2013-Estt(C)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 23rd, December, 2013

OFFICE MEMORANDUM

Subject: Consolidated Instructions on Forwarding of Applications of Government Servants for Outside Employment-regarding.

The undersigned is directed to refer to the subject mentioned above and to say that various instructions/guidelines have been issued by the Government from time to time regarding forwarding of applications of Government Servants for posts outside their own Cadre. All such instructions issued till date have been consolidated under easily comprehensible headings for the facility of reference and placed as Annexure to this O.M. All Ministries/Departments are requested to bring the above guidelines to the notice of all concerned.

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General Clarification regarding counting of broken spells of ad-hoc promotion for increment -reg.

No.19/2/2013-Estt. (Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block. New Delhi
Dated the 12th December 2013

OFFICE MEMORANDUM

Sub: General Clarification regarding counting of broken spells of ad-hoc promotion for increment — reg.

   The undersigned is directed to say that this Department has received referenccs from Ministries / Departments regarding counting of broken spells of ad-hoc promotion for the purpose of increment.

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Implementation of Government’s decision on the recommendations of the Sixth Central Pay Commission-Revision of rate of Training Allowance and Sumptuary Allowance - Clarification regarding.

13016/05/2011-Trg (ISTM)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Training Division

Old JNU Campus, Block IV, Fourth Floor,
New Mehrauli Road, New Delhi-110067
11th November, 2013

OFFICE MEMORANDUM

Subject: Implementation of Government’s decision on the recommendations of the Sixth Central Pay Commission-Revision of rate of Training Allowance and Sumptuary Allowance - Clarification regarding

   The undersigned is directed to refer to this Departments O.M. No.13024/1/2008-Trg.I dated 5.9.2008 on the subject mentioned above and to furnish the following clarifications:

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Model Recruitment Rules for the various posts in Official Language Cadre for Subordinate Offices.

No. AB-14017/46/2011-Estt (RR)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel and Training
New Delhi

Dated the 19th September , 2013

OFFICE MEMORANDUM

Subject: Model Recruitment Rules for the various posts in Official Language Cadre for Subordinate Offices.

   The Model RRs for the posts of Hindi Officer, Senior Translator and Junior Hindi Translator in OL cadre issued by this Department have been reviewed in the light of 6th CPC recommendations.

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Modified Flexible Complementing Scheme - regarding qualifications for Scientists.

No. AB. 14017/44/2011 -Estt. (RR)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi

Dated the 5th September, 2013

OFFICE MEMORANDUM

Subject: Modified Flexible Complementing Scheme - regarding qualifications for Scientists.

   Reference is invited to the instructions on Modified Flexible Complementing Scheme for Scientists issued in this Department OM No. AB.14017/37/2008-Estt. (RR) dated 10th September, 2010 based on the recommendations of the 6th CPC. The guidelines prescribe the qualifications for Scientists as under:-

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Dopt Order: Risk Allowance to Central Government employees – clarification reg.

No.21012/01/2010-Estt. (Allowance)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training

Block No.IV, Old JNU Campus,
New Delhi, 26th August, 2013.

Office Memorandum

Subject: Risk Allowance to Central Government employees – clarification reg.

   Reference in invited to this Department’s O.M. No.21012/01/2008-Estt. (Allowance) dated 18th June, 2012 wherein the grant of Risk Allowance was extended at the then existing rates beyond 30.06.2012 and upto 31.12.2012. Subsequently, vide this Department’s O.M. No.21012/01/2010-Estt. (Allowance) dated October 18, 2012 the rates of Risk Allowance were revised with effect from 1st September, 2008, implying that grant of Risk Allowance would be at revised rates w.e.f. 1st September, 2008 onwards. Hence, there is no need for issuing separate instructions continuing payment of Risk Allowance beyond 31.12.2012.

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Clarification regarding grant of CCL and other related benefits - reg.

No.A-24020/01/2013-SS.I
Government of India/Bharat Sarkar
Ministry of Labour & Employment/Shram Aur Rozgar Mantraylya
Social Security Division/Samajik Surakasha Prabhag

Shram Shakti Bhawan, New Delhi.
Dated the 30th July’ 2013

To,
The Director General,
ESI Corporation,
Panchdeep Bhawan,
CIG Marg,
NEW DELHI 110002.

Subject: Clarification regarding grant of CCL and other related benefits - reg.

Sir,

   I am directed to refer to ESIC’s letter bearing No. A-40/11/5/2012-E.III dated 27.05.2013 on the subject mentioned above and to say that the matter has been examined in consultation with Department of Personnel and Training.

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Recommendations of 6th CPC in para 6.1.13 regarding lateral entry against identified SAG/HAG posts requiring technical/ Specialized knowledge.

No. AB.14017/34/2008-Estt. (RR) (Pt.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

 

   
New Delhi, the 2nd August, 2013

OFFICE MEMORANDUM
 
Subject: Recommendations of 6th CPC in para 6.1.13 regarding lateral entry against identified SAG/HAG posts requiring technical/ Specialized knowledge.

   Reference is invited to this Department's OM of even number dated 17.06.2013 on the above subject.

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DoPT Clarification: Children Education Allowance - Reimbursement of Examination Fee.

No.12011/01/2012-Estt.(AL)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training

Block-IV, Old JNU Campus,
New Delhi, July 31, 2013

OFFICE MEMORANDUM

Subject: Children Education Allowance - Reimbursement of Examination Fee.

   Subsequent to issue of Department of Personnel & Training’s O.M.No.12011/03/2008-Estt.(Allowance) dated 2nd September, 2008, and subsequent clarifications issued from time to time on the subject cited above, a number of references have been received on reimbursement of 'examination fee'. After due consideration of the references, in consultation with the Ministry of Finance, Department of Expenditure, it has been agreed to allow reimbursement of 'examination fee' as part of reimbursable items as indicated in para 1(e) of O.M. dated 2nd September, 2008, with effect from the current academic year, subject to the fulfillment of other existing conditions.

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Children Education Allowance — Clarification.

No.12011/01/2013-Estt.(Allowances)
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Personnel & Training

New Delhi, 23rd April, 2013

 
OFFICE MEMORANDUM

Subject:- Children Education Allowance — Clarification
 
   The undersigned is directed to refer to Department of Personnel & Training's O.M. No.12011/03/2008-Estt.(Allowance) dated 2nd September, 2008, and subsequent clarifications issued from time to time on the subject and to state that various Ministries/Departments have been seeking clarifications on various aspects of the Children Education Allowance. The doubts raised are clarified as under:-

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DOPT ORDER 2013: Children Education Allowance Scheme (CEA) Latest FAQ

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

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DOPT ORDER 2013 : General entitlement of leave – FAQ

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

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DOPT Orders 2013 - Dopt issued clarifications as FAQ on Recruitment Rules.

No. AB.14017/13/2013-Estt. (RR) (1349)
Government of India
Ministry of Personnel, PG & Pensions
(Department of Personnel & Training)
North Block, New Delhi

FAQs on Recruitment Rules

1. What are Recruitment Rules?
   Ans. Recruitment Rules are rules notified under proviso to Article 309 or any specific statutes for post(s) prescribing inter alia the method of recruitment and eligibility for such recruitment. It contains notification part having substantive rules and schedule part (as per prescribed Annexure-I). Recruitment Rules are subordinate legislation and so, they are statutory in nature.

2. What are Service Rules?
   Ans. Service Rules are Recruitment Rules for any of the Organized Central Services covering many aspects including constitution of the Service, seniority, probation and other conditions of service.

3. Whether Recruitment Rules are applicable retrospectively?
   Ans. The legal position is that the posts are to be filled up as per the eligibility conditions prescribed in the Recruitment Rules in force at the time of concurrence of vacancies unless the Recruitment Rules are amended retrospectively. The practice has however been to give effect to the Recruitment Rules prospectively.

4. Why are Recruitment Rules framed?
   Ans. As soon as decision is taken to create a new post/ service to upgrade any post or re-structure any service, the Recruitment Rules/ Service Rules are framed. Any post is filled up as per the provisions of the Recruitment Rules/ Service Rules.

5. Why are Recruitment Rules amended?
   Ans. Revision in the Recruitment Rules is made by way of amendment to incorporate changes due to implementation of Central Pay Commission Report,  modification of orders/ instructions on the subject, creation/ abolition of posts  etc. during the intervening period.

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Extension of the revised orders on encashment of Earned Leave and Half Pay Leave to industrial employees.

No. 12012/3/2009-Estt.(L)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

New Delhi. the 28th December, 2012.

OFFICE MEMORANDUM

Subject:- Extension of the revised orders on encashment of Earned Leave and Half Pay Leave to industrial employees.

   The undersigned is directed to state that the matter regarding extension of revised orders on encashment of Earned Leave and Half Pay Leave to industrial employees at par with the non industrial Central Government employees covered by the CCS (Leave) Rules, 1972 has been under consideration of this Department. It has been decided in consultation with the Ministry of Finance (Department of Expenditure) to extend the provision of this Department’s OM No. 14028/3/2008-Estt.(L) dated 25th September 2008, mutatis mutandis to industrial employees of Ministries/Department other than Railways. Accordingly, industrial employees shall be entitled to encash both Earned Leave and Half Pay Leave, subject to overall limit of 300. Cash equivalent payable for Earned Leave shall continue unchanged.

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Flexible Complementing Scheme for Scientists in Scientific and Technological Departments - date of effect of promotions.

No. AB-14017/36/2011-Estt(RR)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training

New Delhi, the 21st September, 2012.

OFFICE MEMORANDUM

Subject: Flexible Complementing Scheme for Scientists in Scientific and Technological Departments - date of effect of promotions.

   The Flexible Complementing Scheme (FCS) for scientists is in position in some of the scientific Ministries/Departments of the Government of India with the issue of guidelines issued by this Department under O.M. No.2/41/97-PlC dated the 9th November, 1998. The same is presently governed by the Modified FCS guidelines issued by this Department after 6th CPC under O.M. No. AB 14017/37/2008- Estt.(RR) dated the 10th September, 2010.

   2. On the issue of date of effect of promotions under FCS, this Department’s instructions issued in OM dated 17th July, 2002 lay down that as promotions are made effective from a prospective date after the competent authority has approved the same, the same principle shall be applicable in the case of in situ promotions under FCS as well. The OM makes it very clear that the Assessment Boards have to be constituted well in advance keeping in view the fact that 1st January and 1st July of each year are crucial dates to effect promotions. The competent authority shall ensure that no promotion is granted with retrospective effect.

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Seniority of officers holding posts/grades in grades merged in pursuance of recommendations of Sixth Central Pay Commission.

No. 20020/4/2010-Estt. (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block,
New Delhi
Dated the 13th September, 2012

OFFICE MEMORANDUM

Subject : Seniority of officers holding posts/grades in grades merged in pursuance of recommendations of Sixth Central Pay Commission.

   The undersigned is directed to invite reference to para 2 (i) of this Department’s O.M. No. AB—14017/66/2008-Estt. (RR) dated 9th March, 2009, which provides that where all the posts in one or more pre-revised scales are merged with a higher pre-revised scale and given a common replacement scale/grade pay/pay scale, the suitability of the incumbents need not be assessed for granting them the higher replacement scale/grade pay/pay scale, there is also no need for the incumbents to complete any minimum eligibility service in the earlier scale of pay. There will be no change in the inter seniority of the incumbents in the merged scale which shall be decided based on the general instructions on the subject.

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FREQUENTLY ASKED QUESTIONS ON ADMINISTRATIVE TRIBUNALS.

Latest DoPT ORDER 2012

Q.1  What is the objective behind setting up of Central Administrative Tribunal?
   Ans. To provide in-expensive and speedy relief to Central Government Employees in respect of their grievances related to service matters.

Q.2  What are the jurisdiction of a Central Administrative Tribunal?
   Ans. CAT adjudicates disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities with the territory of India or under the control of Government of India and for matters connected therewith or incidental thereto.

Q.3  What are the qualifications for appointment as Chairman and other Members of the Tribunal?
   A person shall not be qualified for appointment as the Chairman unless he is, or has been, a Judge of a High Court.

   Provided that a person appointed as Vice-Chairman before the commencement of this Act shall be qualified for appointed as Chairman if such person has held the office of the Vice-Chairman at least for a period of two years.

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Modified Assured Career Progression Scheme for the Central Government Civilian Employees — Clarification.

No.35034/10/2011-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
Establishment (D)

North Block, New Delhi
Dated: l3th June, 2012.

OFFICE MEMORANDUM

Subject: Modified Assured Career Progression Scheme for the Central Government Civilian Employees — Clarification regarding grant of benefits of MACPS to officers who have later on inducted into Organized Group A Services.

   In terms of clarification given on point of doubt no. 2 of Annexure of this Department’s O.M. dated 09.09.2010, no benefits under the MACPS would be applicable to Group A officers of Organised Group A Services, as the officer under organized Group ‘A’ Services have already been allowed parity of two years on non-functional basis with the officers of the Indian Administrative Service (IAS). In this regard, this Department is in receipt of a number of references from various Departments in respect of officers who are deprived of the benefits of MACPS due to their induction into the organised Group A Services at a later stage of their service.

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Clarification on Children Education Allowance.

No.21011/16/2009-Estt.(AL)

Government of India

Ministry of Personnel, P.G. & Pensions

Department of Personnel & Training

New Delhi, Dated 17th June, 2011

OFFICE MEMORANDUM

Subject: – Clarification on Children Education Allowance.

   The undersigned is directed to refer to DOP&T O.M. No. 12011/03/2008- Estt(Allowance) dated 02-09-2008 and clarificatory OM No.12011/16/2009- Estt.(AL) dated 13.11.2009 on the Children Education Allowance(CEA) Scheme, this Department has been receiving references from various Departments seeking further clarifications. The doubts raised are clarified as under:-

(i) whether Children Education Allowance would be admissible beyond two children due to failure of sterilization operation.

The reimbursement of Children Education Allowance is admissible only for the first child born after failure of sterilization operation.

(ii) whether the admissible amount per annum per child (annual ceiling of Rs.15000/-) on account of CEA can be reimbursed in full in the first quarter of the financial/academic year itself.

(i) It is clarified that a Government servant is allowed to get 50% of the total amount subject to the over all annual ceiling in the first quarter and the remaining amount in third and or fourth quarter. Frontloading of the entire amount in the first and second quarters is not allowed. (ii) A Government servant can claim full amount subject to the annual ceiling of Rs.15000/- in the last quarter.

sd/-

(Vibha Govil Mishra)

Deputy Secretary (P & A)

Source; www.persmin.gov.in

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