Central Civil Services (LTC) Rules, 1988 – Reimbursement of Rail Fare on LTC in respect of Children of 5-12 yrs age group – Clarification reg.

No.31011/3/2016-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: April 29, 2016

OFFICE MEMORANDUM

Subject:- Central Civil Services (Leave Travel Concession) Rules, 1988 – Reimbursement of rail fare on LTC in respect of children of 5-12 yrs age group – Clarification reg.

As per Railway Board’s circular No.71 of 2015, Ministry of Railways have decided that in case of children above 5 years and under 12 years of age, for whom full berth/seat is sought at the time of reservation, full fare shall be charged. It is mentioned that if berth/seat is not sought for the children of age 5 years and under 12 years of age at the time of reservation, then half of the adult fare shall continue to be charged subject to minimum distance for charge. This would be effective for the travel w.e.f. 10.04.2016.

2. In this regard, several references have been received in this Department from various Ministries/ Departments seeking clarification as to whether the full fare charged by the Railways for reservation of berth for children between 5 years and 12 years shall be reimbursable while availing LTC facility.

3. The matter has been examined in consultation with Department of Expenditure, Ministry of Finance and it has been decided that for the family members of the Government servant, aged between 5 yrs and under 12 yrs, the actual rail fare shall be reimbursed for LTC, as per the choice of rail tickets purchased by the Government servant.

Sd/-

(Surya Narayan Jha)

Under Secretary to the Government of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/31011_3_2016-Estt.A-IV-29042016.pdf

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Scheme for providing facilities to the Employees with Disabilities of Department of Personnel & Training

No. B-11011/1/ 2016-Ad-III

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

North Block, New Delhi

Dated 11 March, 2016

Circular

Subject: Scheme for providing facilities to the Employees with Disabilities of Department of Personnel & Training – reg.

In accordance with this Department’s O.M. no. 36035/3/2013 – Estt (Res) dated 31.03.2014 a scheme for providing facilities to the Employees with Disabilities in this Department has been formulated.

2. The detail of the Scheme are enclosed & circulated herewith.

Sd/-

(Kulbhushan Malhotra)

Under Secretary to the Govt. of India

Scheme for providing facilities to the Employees with Disabilities of Department of Personnel and Training:-

Name of the Schemes:-

To provide facilities to the Employees with Disabilities working in Department of Personnel and Training, for ease of doing their day to day office work. The Scheme will come into effect from next financial year i.e. from April, 2016.

Objective of the Scheme:-

The objective of the Scheme is to enable and empower Persons with Disabilities (PwDs) of this Department by providing certain additional facilities to help them discharge their duties more conveniently and effectively.

Facilities under the Scheme: –

The Scheme provides the following facilities to the PwDs:-

• Wheelchairs (Motorised, if required)

• Special furniture

• Hearing aids with battery

• Low vision aids

• Smart Cane

• Special Software/computers

•Braille Signage near lift area, toilets, canteen, fire, exit etc. /Room

Numbering/Section Name

• Provision of Beep sound in biometric attendance system

• Induction/lob specific training

Eligibility:-

PwD employees who are serving in DoPT.

Implementation process:-

Employees with disability would be given option to apply for the items mentioned above to the Administration Division through proper channel, which will be examined on case to case basis and decided with the approval of competent authority.

Grievance Redressal:-

Shri Suresh Kumar DS (Admn), is the nodal authority/Grievance Officer to address the issues, if any, relating to operation and procurement of special items, as mentioned above.

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/B-11011_1_2016-Ad.-III-11032016.pdf

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Recovery of Wrongful / Excess Payments made to Government Servants. - DOPT Order 2016

F.No.18/03/2015-Estt. (Pay-I)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

New Delhi, the 2nd March, 2016

OFFICE MEMORANDUM

Sub: Recovery of wrongful / excess payments made to Government servants.

The undersigned is directed to refer to this Department’s OM No.18/26/2011-Estt (Pay-I) dated 6th February, 2014 wherein certain instructions have been issued to deal with the issue of recovery of wrongful / excess payments made to Government servants in view of the law declared by Courts, particularly, in the case of Chandi Prasad Uniyal And Ors. vs. State of Uttarakhand And Ors., 2012 AIR SCW 4742, (2012) 8 SCC 417. Para 3(iv) of the OM inter-alia provides that recovery should be made in all cases of overpayment barring few exceptions of extreme hardships.

2. The issue has subsequently come up for consideration before the Hon’ble Supreme Court in the case of State of Punjab & Ors vs Rafiq Masih (White Washer) etc in CA No.11527 of 2014 (Arising out of SLP(C) No.11684 of 2012) wherein Hon’ble Court on 18.12.2014 decided a bunch of cases in which monetary benefits were given to employees in excess of their entitlement due to unintentional mistakes committed by the concerned competent authorities, in determining the emoluments payable to them, and the employees were not guilty of furnishing any incorrect information / misrepresentation / fraud, which had led the concerned competent authorities to commit the mistake of making the higher payment to the employees. The employees were as innocent as their employers in the wrongful determination of their inflated emoluments. The Hon’ble Supreme Court in its judgment dated 18th December, 2014 ibid has, inter-alia, observed as under:

“7. Having examined a number of judgments rendered by this Court, we are of the view, that orders passed by the employer seeking recovery of monetary benefits wrongly extended to employees, can only be interfered with, in cases where such recovery would result in a hardship of a nature, which would far outweigh, the equitable balance of the employer’s right to recover. In other words, interference would be called for, only in such cases where, it would be iniquitous to recover the payment made. In order to ascertain the parameters of the above consideration, and the test to be applied, reference needs to be made to situations when this Court exempted employees from such recovery, even in exercise of its jurisdiction under Article 142 of the Constitution of India. Repeated exercise of such power, “for doing complete justice in any cause” would establish that the recovery being effected was iniquitous, and therefore, arbitrary. And accordingly, the interference at the hands of this Court.”

“10. In view of the afore-stated constitutional mandate, equity and good conscience, in the matter of livelihood of the people of this country, has to be the basis of all governmental actions. An action of the State, ordering a recovery from an employee, would be in order, so long as it is not rendered iniquitous to the extent, that the action of recovery would be more unfair, more wrongful,  more improper, and more unwarranted, than the corresponding right of the employer, to recover the amount. Or in other words, till such time as the recovery would have a harsh and arbitrary effect on the employee, it would be permissible in law. Orders passed in given situations repeatedly, even in exercise of the power vested in this Court under Article 142 of the Constitution of India, will disclose the parameters of the realm of an action of recovery (of an excess amount paid to an employee) which would breach the obligations of the State, to citizens of this country, and render the action arbitrary, and therefore, violative of the mandate contained in Article 14 of the Constitution of India.”

3. The issue that was required to be adjudicated by the Hon’ble Supreme Court was whether all the private respondents, against whom an order-of recovery (of the excess amount) has been made, should be exempted in law, from the reimbursement of the same to the employer. For the applicability of the instant order, and the conclusions recorded by them thereinafter, the ingredients depicted in paras 2&3 of the judgment are essentially indispensable.

4. The Hon’ble Supreme Court while observing that it is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement has summarized the following few situations, wherein recoveries by the employers would be impermissible in law:-

(i) Recovery from employees belonging to Class-III and Class-IV service (or Group ‘C’ and Group ‘D’ service).

(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.

(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.

(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.

(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer’s right to recover.

5. The matter has, consequently, been examined in consultation with the Department of Expenditure and the Department of Legal Affairs. The Ministries / Departments are advised to deal with the issue of wrongful / excess payments made to Government servants in accordance with above decision of the Hon’ble Supreme Court in CA No.11527 of 2014 (arising out of SLP (C) No.11684 of 2012) in State of Punjab and others etc vs Rafiq Masih (White Washer) etc. However, wherever the waiver of recovery in the above-mentioned situations is considered, the same may be allowed with the express approval of Department of Expenditure in terms of this Department’s OM No.18/26/2011-Estt (Pay-I) dated 6th February, 2014.

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

7. Hindi version will follow.

Sd/-

(A.K.Jain)

Deputy Secretary to the Government of India

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/18_03_2015-Estt.Pay-I-02032016.pdf

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Election 2016 – Grant of Paid Holiday for Central Government Employees

F. No.12/3/2016-JCA 2

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel & Training)

Establishment (JCA-2) Section

North Block, New Delhi

Dated February 10, 2016

OFFICE MEMORANDUM

Subject: Bye Election to the State Legislative Assemblies of Uttar Pradesh, Madhya Pradesh, Karnataka, Bihar, Telangana, Maharashtra, Punjab and Tripura — Grant of Paid holiday – regarding

The undersigned is directed to say that in connection with the Bye Election to the State Legislative Assemblies of Uttar Pradesh, Madhya Pradesh, Karnataka, Bihar, Telangana, Maharashtra, Punjab and Tripura, scheduled to be held in February, 2016, the following guidelines, already issued by this Department vide Office Memorandum No. 12/14/99-JCA dated 10.10.2001, have to be followed inrespect of the Central Government Offices, including Industrial Establishments in the States : –

In connection with bye-election 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 the bye-election.

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

Sd/-

(Raju Saraswat)

To Under Secretary

Source: www.persmin.gov.in

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Early Closure of Govt Offices in connection with Republic Day Parade

No.16/1/2016-JCA 2

Government of India

Ministry of Personnel Public Grievances and Pensions

(Department of Personnel and Training)

North Block, New Delhi, Dated the 20th January, 2016

OFFICE MEMORANDUM

Subject: Early Closure of Offices in connection with Republic Day Parade and Beating Retreat Ceremony during 2016.

In connection with arrangements for the Republic Day Parade and Beating Retreat Ceremony, 2016, it has been decided that the Government offices located in the buildings indicated in Annexure-A would be closed on 23.1.2016 ( Saturday) at 1300 hours and at 13:00 hours on 25th January, 2016 (Monday). Buildings indicated in Annexure-B would be closed for at Home function on 26.1.2016 till 1930 hours. Buildings indicated in Annexure-C would be closed on 29.1.2016 at 12:00 Noon and Buildings indicated in Annexure —D would be closed on 28.1.2016 at 1600 hours till 1930 hours for Beating Retreat Ceremony.

2. Hindi version will follow.

Sd/-

(G.Srinivasan)

Deputy Secretary (JCA)

Source: www.persmin.gov.in

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Minutes of Meeting of Standing Committee of National Council (JCM) Staff Side held on Friday, the 9th October, 2015

No.3/1/2015-JCA

Government of India

Ministry of Personnel, Public Grievances & Pension

Department of Personnel & Training

Establishment (JCA-I) Section

North Block, New Delhi

Dated the 19 th December. 2015

OFFICE MEMORANDUM

Subject:- Minutes of Meeting of Standing Committee of National Council (JCM) Staff Side held on Friday, the 9th October, 2015 under the Joint Chairmanship of JS(AV), DoP&T — regarding.

The undersigned is directed to forward herewith a copy of the minutes of the Meeting of Standing Committee of National Council (JCM) Staff Side held on Friday, the 9th October, 2015 at 1500 hours in Room No. 190, Conference Room, North Block, New Delhi under the Chairmanship of Joint Secretary(AV) for information and necessary action.

Action taken report on the items pertaining to them may also be furnished to this Department at the earliest.

Sd/-

(G. Srinivasan) 

Deputy Secretary (JCA) 

Minutes of the meeting of the Standing Committee of National Council JCM side under the Chairmanship of Joint Secretary( AV), DOP&T with the Staff side at 1500 hours on 09.10.2015

The list of participants who attended the meeting is at Annexure.

2. Welcoming the participants, Ms Archana Varma, Joint Secretary, DOP&T informed that as authorised by the Competent Authority, this meeting has been convened to take stock of the issues raised by the Staff Side in the Charter of Demands submitted by them in July 2015. The purpose of the meeting is to understand the issues in its proper perspective. This meeting would lay the ground work for holding the meeting of Standing Committee under the Chairmanship of Secretary (Personnel) and thereafter the meeting of the National Council.

3. Initially, the finalisation of meetings of National Anomaly Committee meetings held on 29th May 2015 and 9th June 2015 under the Chairmanship of JS(E) was taken up for discussion. It was noted that the draft minutes of 29th May and 9th June 2015 were drafted by the Official Side and sent to the Staff Side for their perusal and concurrence. The Staff Side had proposed certain suggestions/amendments in the NAC meeting minutes. On those suggestions/amendments, the views of Department of Expenditure, Ministry of Finance had been obtained and the minutes are now ready for finalisation. The Staff Side expressed their concern about delay that had taken place in finalisation of these minutes. They suggested that as per past practice, a meeting may be convened in DOP&T to discuss the draft circulated by the Official side and the suggestions/amendments made by the Staff Side. It was decided that a meeting would be convened by DS (JCA) shortly with the Staff side to finalise the minutes of meeting of NAC held on 29th May and 9th June 2015.

4. Various members of the Staff Side explained the background relating to constitution of the Joint Consultative Machinery (JCM). It was informed that JCM is the negotiating machinery to look into the grievances of the Central Government employees. They informed that the continuous dialogue in the form of JCM helps in avoiding confrontation between employees and the Government through resolution of various disputes that can be settled between them. It was noted that the meeting of National Council of JCM had not been convened for more than five years and therefore there is urgent need for convening the meeting of the National Council. Noting that the last meeting of the Standing Committee was held in February 2015 at the level of Secretary (Personnel), the Staff Side suggested that a meeting of the Standing Committee, at the level of Secretary (Personnel), should be convened at the earliest.

5. Thereafter, the agenda items which were listed in the Charter of Demands submitted by the Staff Side were taken up for discussion. The Agenda items discussed and the discussions held on those items are summarised in succeeding paragraphs:-

(a) Effect wage revision of Central Government employees from 1.1.2014

(b) Ensure 5 year wage revision in future

(c) Grant interim relief and merger of 100% D.A.

(d) Ensure submission of 7th CPC report within the stipulated time frame of 18 months

All these agenda items are linked to the recommendations of the 7th Central Pay Commission and were taken up together. The Staff Side noted that in the case of banks and public sector undertakings, the Government has been considering 5 year wage revision and similar facility should also be considered for the central government employees. It was informed by them that the 5th Pay Commission had fixed the tenure of pay revision as 10 years. However, as the dearness compensation crosses the 50% mark normally over a period of five years, the Government should consider pay revision over a periodicity of 5 years. The Staff Side further demanded that the effect of wage revision of central government employees be from 1.1.2014. It was further demanded that as the 7th CPC has been given extension of time to submit its report, the Government should consider granting interim relief and merger of 100% Dearness Allowance.

The Official Side informed that pay revision of Central Government employees based on the recommendations of Pay Commission has generally been made after a gap of 10 years. The last such revision is effective from 1.1.2006 based on the recommendations of the 6th Pay Commission. The Government set up the 7th Pay Commission in February 2014, ahead of the general 10 year interregnum. Therefore, as regards implementation of pay revision from 1.1.12014, the same seeks a much shorter interregnum and is not in keeping with the practice so far followed. The TOR of the 7th Pay Commission also require to it recommend the date of effect of its recommendations and, hence, the decision on the date of effect thereof would be taken after the recommendations of the Commission are received.

As regards the payment of interim relief, as the Government set up the Commission well in advance of the 10-year duration from the date of effect of the 6th pay Commission, the question of Interim relief does not arise.

As regards merger of DA with pay, the existing emoluments’ stctrure is based on the recommendations of the 6th Pay Commission which made a specific recommendations against merger of DA. The Official Side, therefore, clarified that at this stage it will not be possible to examine any of the four demands listed in (a) to (d) above.

(e) Include Grameen Dak Sewaks within the ambit of 7th CPC

The Staff Side informed that the Grameen Dak Sewaks are the single largest source of postal services in the country and therefore there is need for including this category within the ambit of 7th CPC.

The representative of Department of Posts informed that there are about 1.75 lakh work force working as Grameen Dak Sewaks. Department of Posts had reportedly recommended bringing them under the ambit of 7th CPC. However, as these employees are not full time government employees, based on the advice of Department of Expenditure, Ministry of Finance, it has recently been by decided to constitute a Single Member Expert Committee to suggest pay revision for these employees.

The Staff Side suggested that if a decision had already been taken to constitute a single member expert committee, instead of setting up a departmental head as the expert committee chief, the Government may consider roping in the services of the 7th CPC Chairman for rendering this service, as the 7th CPC is already aware of the working conditions and other relevant factors of central government employees and would be in a better position to decide the pay revision of Grameen Dak Sewaks. Department of Posts would be requested to examine this suggestion of the Staff Side.

(f) Settle all anomalies of the 6th CPC

The Staff Side informed that as a result of implementation of 6th Pay Commission recommendations, various anomalies have come to the notice of the Staff Side which are conveyed to the Government. Meetings of the joint committee to look into the anomalies have been held but the progress of resolution of anomalies is not satisfactory, as felt by the Staff Side. It was informed that there were more than 58 items of 6th CPC which were discussed by the Anomalies Committee and yet remain unresolved. The Staff Side suggested that the Government should take a view on settlement of all anomalies of 6th CPC expeditiously.

(g) No privatisation, PPP or FDI in Railways and Defence Establishments

The representative of Railways informed that discussions are held regularly with the Staff Side on the issue of PPP or FDI in Railways. Since no meetings with Staff Side are being held by Ministry of Defence, the Staff Side suggested that Ministry of Defence may be requested to hold dialogue with the Staff Side on such issues. DOP&T would accordingly take up the matter with Ministry of Defence.

(h) No corporatisation of postal services

The representative of Department of Posts informed that at present there is no proposal on corporatisation of postal services.

(i) No Ban on recruitment/creation of posts

The Staff Side informed that Department of Expenditure insist on the concept of matching savings for recruitment /creation of posts. In departments like Railways where new posts are to be created or employees are to be recruited for performing new functions like running new trains, maintaining newly created assets etc., this condition is not able to be met and therefore should not be insisted upon. The representative of Department of Expenditure clarified that in case of operational posts which are required for unavoidable operational and functional considerations, the need for not insisting on matching savings is considered on a case-to-case basis. However, as regards the suggestion of the Staff Side to issue a general circular on this issue, he clarified that this issue needs to be examined by the Department of Expenditure.

(j) Scrap PFRDA Act and re-introduce the defined benefit statutory pension scheme.

The Staff Side informed that the implementation of New Pension Scheme and its effect on employees appointed on and after 1.1.2004 is a serious issue which is agitating the minds of central government employees. He informed that they had discussions with Department of Financial Services in the past. However, there has been no progress in solving the issues raised by the Staff Side, especially on the issues relating to social security clauses for employees covered under New Pension Schemes. Reportedly, there is no guarantee of minimum pension or gratuity under the new pension scheme. It was informed that this issue would unite all the central government employees and the Staff Side may consider serious action, including Strike, on this issue.

The Staff Side insisted that the New Pension Scheme should be withdrawn and all those employees who are recruited after 01/01/2004 should be brought under the statutory Pension Scheme. Since the official representatives from the Department of Financial Services under whose purview the NPS falls were not present in the meeting, it was decided that the issue would be further discussed with Department of Financial Services.

(k) No outsourcing; contractorisation; privatisation of governmental functions; withdraw the proposed move to close down the Printing Presses, the publication, form store and stationery departments and medical stores depots. The Staff Side informed that Ministry of Urban Development has fixed a meeting on the issues raised by them concerning that Ministry. The Staff Side was requested to discuss the issues concerning Ministry of Health & Family Welfare with them separately.

(m) Regularise the existing daily rated/casual and contract workers and absorption of trained apprentices; no labour reforms which are not in the interest of the workers

The representative of Ministry of Labour informed that they have been in constant touch with trade unions and other stakeholders on issues concerning the welfare of workers. However, the Staff Side pointed out that in addition to consultation with trade unions, the Government should involve the concerned Staff Side representatives before deciding labour reforms as there are a large number of industrial workers in various departments like Railways, Defence, CPWD etc. The Chairperson requested the officials from the Labour Ministry to examine the request of the Staff Side.

(n) Revive JCM functioning at all levels as an effective negotiating forum for settlement of demands of the Central Government employees The Staff Side submitted that due to non holding of regular meetings at the Departmental Council levels, even smaller issues which can be sorted out through negotiations, are being taken up in various Courts, thereby resulting in a number of court cases to be defended by the departments/Ministries. They suggested that the institutional mechanism of Departmental Council meetings, Standing Committee meetings and National Council meeting may be revived so that there is continuous interaction between the Staff side and the government.

(o) Remove the arbitrary ceiling on compassionate appointments

The Staff Side gave detailed justification for removing the ceiling of 5% on compassionate appointments. After discussions, it was agreed by the Official Side that this issue would be examined by Establishment Division of DOP&T.

(p) Removing the bonus ceiling

The representative of Ministry of Labour informed that the issue of increase in the bonus ceiling is under consideration of the Government. However, the representative of Department of Expenditure clarified that payment of ad-hoc bonus and Productivity Linked Bonus (PLB) applicable to central government employees is not governed by the Payment of Bonus Act, on which certain changes are under consideration of the Government. The Staff Side however felt that any change in Bonus Act would be an indicator while deciding the payment of bonus to the central government employees. The representative of the Department of Expenditure stated that the issue of PLB and adhoc bonus to central Government employees is covered under the TOR of the 7th Pay Commission and, hence, a view in the mater may be taken based on the recommendations of the Commission.

The Staff Side stated that bonus for Central Government Employees was based on an agreement with the staffside and not based on the recommendations of any pay commission. Moreover, every time when the Bonus Act is amended raising the payment ceiling limit, it is extended to Central Government employees also Therefore the Staff Side suggested that as and when the Bonus Act is amended, the same benefit may be considered for extension to the Central Government employees also.

(p) Ensuring five promotions in the Service career

The Official Side noted that this issue is linked to the recommendations of the 7th Central Pay Commission. Therefore, this issue would be examined after receipt of the 7th CPC report.

The Staff Side from Defence Ministry stated that inspite of various instructions issued by DOP&T cadre restructuring of the various categories of Defence Civilian Employees are not taking place for more than 2 decades. They insisted that the cadre restructuring exercise may be completed before submission of the 7th CPC report.

The meeting ended with thanks to the Chair.

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/3_1_2015-JCA-18122015.pdf

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Fixation of range of seniority for promotion from PA to PS grade of CSSS- Select List Year 2014 – regarding.

REMINDER-V

No.4/15/2015-CS-II (A)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan, Khan Market,

New Delhi -110003.

Dated the 13th November, 2015

OFFICE MEMORANDUM

Subject: – Fixation of range of seniority for promotion from PA to PS grade of CSSS- Select List Year 2014 – regarding.

The undersigned is directed to refer to this Departments’ O.M. of even number dated 07.08.2015 and subsequent reminders dated 03.09.2015, 06.10.2015, 19.10.2015 and 27.10.2015 on the above mentioned subject. The requisite information regarding  recommendation of DPC for promotion of eligible PAs to PS Grade of CSSS for the Select List Year-2014 was required to be furnished in the prescribed proforma by 31.08.2015 by the Cadre Units of CSSS.

2. The requisite information from the Cadre Units as per Annexure, has not so far been received despite several reminders. The non-receipt of the said information is delaying the process of finalization of the panel of eligible officers for appointment to PS Grade of CSSS for the Select List Year-2014. The defaulting Cadre Units are once again requested to furnish the requisite information immediately without any further delay.

(AK Saha)

Deputy Secretary to the Government of India

Tel.No.24622365

Source: http://ccis.nic.in

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List of Authorities empowered to issue caste/community certificates- Information on the complete list — regarding

F. No. 36028/1/2014-Estt.(Res.)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

Establishment (Reservation-I) Section

North Block, New Delhi

Dated September 3, 2015

To

The Chief Secretaries of all the

State Governments/ Union Territories

Subject: List of Authorities empowered to issue caste/community certificates- Information on the complete list — regarding

Madam/ Sir

As you are aware, the Government of India has issued instructions vide Office Memorandum No. 36012/22/93-Estt.(SCT) dated 15.11.1993 and Office Memorandum No. 36012/6/88-Estt.(SCT) dated 24.04.1990 prescribing the following authoritie’s who are competent to issue caste certificates for the members belonging to Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) category:

(i) District Magistrate/Additional District Magistrate/Collector Deputy Commissioner/ Additional Deputy Commissioner/ 1 st Class Stipendary Magistrate/ Sub Divisional Magistrate/ Taluka Magistrate/Executive

Magistrate/Extra Assistant Commissioner,

(ii) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/ Presidency Magistrate,

(iii) Revenue Officer not below the tank of Tehsildar and

(iv) Sub-Divisional Officer of the area where the candidate and/or his family normally resides.

2. It has come to the notice of the Government that in some States, offices/ officers, other than those prescribed above, have been authorized to issue caste/ social status certificates.The complete list of these said new offices/ officers is not available centrally.

3. It is, therefore, requested that the list of officers/offices authorized by the State Government/ Union Territory to issue caste/ social status certificates, alongwith the copies of the relevant Notifications to that effect, may please be provided to this Department at an early date.

Yours faithfully

Sd/-

(G. Srinivasan)

Deputy Secretary to the Government of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36028_1_2014-Estt.Res.-03092015.pdf

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Representation from Government servant on service matters – reiteration of instructions – regarding.

F.No.11013/08/2013-Estt(A-III)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

Establishment A-III Desk

North Block, New Delhi

Dated August 31, 2015

OFFICE MEMORANDUM

Subject: Representation from Government servant on service matters – reiteration of instructions – regarding.

The undersigned is directed to refer to O.M. of even number dated 6th June, 2013 wherein instructions have been issued on submission of representation by Government servants about their service matters. In spite of these instructions, it has been observed that Government servants including officers/ officials of para military forces and Army personnel continue to represent directly to the Prime Minister, Minister, Secretary (P) and other higher authorities, directly.

2. As per the 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 organisation.

3. Such submission of representations directly to other authorities by- passing the prescribed channel of communication, has to be viewed seriously and appropriate disciplinary action should be taken against those who violate these instructions. This can rightly be treated as an unbecoming conduct attracting the provisions of Rule 3 (1) (iii) of the Central Chill Services (Conduct) Rules, 1964. It is clarified that this would include all forms of communication including through e-mails or public grievances portal etc.

4. Attention in this connection is also invited to the provision of Rule 20 of CCS (Conduct) Rules, 1964 prohibiting Government servants from bringing outside influence in respect of matter pertaining to his service matter. Representation by relatives of Government servant is also treated as outside influence as clarified vide MHA OM No. F. 25/21/63-Estt.(A) dated 19.09.1963

5. It is reiterated that these instructions may be brought to the notice of all Govt servants including officers/ officials of para military forces and member of armed forces and action taken against those who violate these instructions.

Sd/-

(Mukesh Chaturvedi)

Director (E)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11013-08-2013-Estt-A-III-Eng.pdf

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DOPT to hold a meeting of NC JCM meeting on 29.05.2015

No.3/1/2015-JCA

Government of India

Ministry of Personnel, Public Grievances & Pension

Department of Personnel & Training

New Delhi,dated the 21st May, 2015

To

Shri Shiva Gopal Mishra,

Secretary, Staff Side,

National Council (JCM)

13, C Ferozshah Road

New Delhi

Sir,

Please refer to your online grievance No.PMOPG/2015/83480 dated 28th April, 2015 regarding proposed call for Strike on 23.11.2015.

2. You will be aware that the meeting of the National Anomaly Committee (NAC) is scheduled to be held on 29.05.2015 and also meeting of the National Council (JCM) is likely to be held shortly. Some of the issues will be discussed and considered during the meetings.

Yours faithfully

Sd/-

(A.Asholi Chalai)

Director (JCA)

CHARTER OF DEMANDS:

1.    Effect wage revision of the Central Government Employees from 01.01.2014, accepting the memorandum of the Staff Side JCM; ensure 5-year wage revision in future; grant Interim Relief and Merger of 100% of DA. Ensure submission of the 7th CPC report within the stipulated time frame of 18 months; include the Grameen Dak Sewaks within the ambit of the 7th CPC.  Settle all anomalies of the 6th CPC.

2.    No privatisation, PPP or FDI in Railways and Defence Establishments and no corporatisation of postal services.

3.    No Ban on recruitment/creation of post.

4.    Scrap PFRDA Act and re-introduce the defined benefit statutory pension scheme.

5.    No outsourcing; contractorisation, privatisation of governmental  functions; withdraw the proposed move to close down the Printing Presses; the publication, form store and stationery departments and Medical Stores Depots; regularise the existing daily rated/casual and contract workers and absorption of trained apprentices.

6.  Revive the JCM functioning at all levels as an effective negotiating forum for settlement of the demands of the CGEs.

7.    Remove the arbitrary ceiling on compassionate appointments.

8.    No labour reforms which are inimical to the interest of the workers.

9.    Remove the ceiling on payment of Bonus.

10. Ensure five promotions in the service career.

Source: http://ncjcmstaffside.com/2015/dopt-to-hold-a-meeting-of-nc-jcm-meeting-on-29-05-2015/

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RECORD NOTE OF THE MEETING HELD ON 25TH FEBRUARY, 2015

RECORD NOTE OF THE MEETING HELD ON 25TH FEBRUARY, 2015

A meeting was held on 25th February, 2015 in Conference Room No.190, North Block, New Delhi with the representatives of the Staff Side under the Chairmanship of Secretary (Personnel). A list of participants who attended the meeting is annexed.

2.At the outset, the Chairman welcomed the representatives of the Staff Side and Official Side and expressed his firm belief and conviction that all the issues/demands can be resolved through the consultative process. He also indicated that the next (47th) meeting of the National Council (JCM) is likely to be scheduled soon under the Chairmanship of Cabinet Secretary. Thereafter, the Chairman invited the Leader and Secretary of Staff Side for their opening remarks.

3. Shri M. Raghaviah, Leader of the Staff Side welcomed the new Chairman. He thanked the Chairman and conveyed the appreciation of the Staff Side for convening the meeting. He mentioned that presently JCM is almost defunct which has caused much anguish and frustration. He observed that the basic framework for which Joint Consultative Machinery (JCM) has been set up is defeated if meetings are not held and no result oriented interaction takes place. He complained that even issues agreed upon do not result in appropriate orders being issued by the Government and cogent replies are not given in case of rejection of proposal.

4.While thanking the Chairman, the Secretary Staff side, Shri Shiva Gopal Mishra, stated the anguish of the Central Government Employees about communication deadlock. He also mentioned that no dialogue policy of the Official Side has left the Staff Side with no option except to agitate the issue. He further mentioned that no date has been fixed for National Anomaly Committee and that no meeting of the National Council has been fixed till date.

All the above shows that the government does not want to resolve the problems of the Central Government Employees in a peaceful manner and this is the reason that all the constituents of National Council JCM had decided for sustained struggle with massive demonstration before the Parliament on 28th April. He further hoped that, the Government will take a note and will resolve the issues raised in their Declaration.

5.It was also pointed out by other Members from Staff Side that many anomalies of 6th CPC have not been resolved and since 7th CPC has been constituted, this has become an excuse to keep the anomalies pending as they stand referred to the 7th CPC. I confrontation is to be avoided, the legitimate demands should be settled and action taken on agreed area like stepping up of pay in the matter of pay fixation anomaly. They pointed out that since meetings of the JCM are not held regularly, it gives the impression that the government is not interested to settle the issues positively and the JCM is being treated casually. This is a painful situation as even Departmental Council meetings are not taking place which leads to plethora of litigations. It was also brought out that a Memorandum was submitted earlier by Staff Side for merger of DA and interim relief in view of the erosion of the value of rupees and cost hike. Thereafter, the issues as per the Charter of Demands were taken up for discussion.

1.Effect wage revision of Central Government employees from 1.1.2014 accepting the memorandum of the staff side JCM; ensure 5-year wage revision in future; grant interim relief and merger of 100% of DA. Ensure submission of the 7th CPC report with the stipulated time frame of 18 months; include Grameen Dak Sewaks with the ambit of the 7th CPC. Settle all anomalies of the 6th CPC.

The Staff side stated that a memorandum was submitted to 7th CPC for merger of DA and Interim Relief, and the Commission has forwarded the same to the government. Now, the government must take a decision on the memorandum itself or amend the terms of reference to enable the CPC to make their recommendations on the twin issues. Staff Side also pointed out that there was no laid down periodicity rule setting up of Pay Commissions but by convention it has been done after every ten years. The Staff Side stated that the wage revision must be made every five years as is the case in the Banking and Insurance Sector and other Public Sector Undertakings. With regard to the 7th CPC recommendations, the staff side wanted these to be given effect from 01.01.2014.

Regarding Grameen Dak Sewaks, the staff side wanted the Government to amend the terms of reference of 7th CPC to include Gramen Dak Sewaks as a category of employees as the Supreme Court has declared them as holders of civil post.

It was also submitted by the Staff Side that Interim relief is not part of the TOR of CPC. However, it can be made as part of the TOR even now by the government. Staff Side was of the view that the Interim Relief should not be linked to the delay in the submission of the report by the CPC but should be construed as necessary in view of the erosion of the real value of wages on account of inflation. This was noted by the Chairman.

2.No privatization, PPP or FDI in Railways and Defence Establishments and no corporatization of postal services;

The Staff Side shown its concern on silence of the Government of India on their demand for trans discussion on FDI and PPP. Staff Side vehemently opposed 100% FDI in the Railways and 49% FDI in Defense Establishment. The Staff was advised to meet and discuss the issue with the concerned departments.

3. Non-resolving of the issues as referred by the Ministry of Railways to MoF(Exp.)

With regard to the demand for setting the anomalies of 6th CPC, the staff side submitted that the Ministry of Railways had sent certain proposals to the Department of Expenditure on which no action has been taken till date. The Grade pay based MACP has created administrative and other problems in Railways and they added that there was no cadre with the grade pay of Rs.2000 in Railways. The staff side also pointed out that the decision to hold the meeting of the NAC has not been honoured so far. The Official Side stated that the proposals of the Ministry of Railways will be sorted out between Railway Board and Department of Expenditure. The Staff Side further stated that there are several items in the NAC pending settlement. Some agenda items have not been subjected to discussion even once. The Chairman agreed to convene the meeting of NAC shortly.

4.No Ban on recruitment/creation of post.

Regarding ban on recruitment, the Official side stated that there is no ban on recruitment. They further stated that with regard to ban on creation of posts, exceptions are made for operational needs.

5.Scrap PFRDA Act and re-introduce the defined benefit statutory pension scheme.

The Staff Side submitted that the Supreme Court had declared pension as one of the fundamental rights. The Government should, therefore, retrace from its avowed position, which is detrimental to the interest of the employees and ensure that the employees recruited after 1.1.2004 is covered by the existing statutory defined benefit scheme and rescind the PFRDA Act.The recent decision of the Cabinet to allow FDI in pension fund operations has made the real intent of the PFRDA Act unambiguously clear. The FDI will facilitate the mutual fund operators to invest the funds outside India. It is clear that the decision behind the contributory pension scheme was the pressure imposed on Government and taken without consulting Staff Side and therefore it is to be opposed at all cost and with vehemence. The Govt. should not go ahead with its intention of induction of FDI in pension fund companies. The Staff Side demanded to (i) restore the old pension scheme. (ii) abolish PFRDA and amend the New Pension Scheme. The proposal from the Ministry of Railways regarding replacement of National Pension scheme (NPS) with Old Pension Scheme was sent to Ministry of Finance on 29.0.2014, which needs to be agreed to. The Department of Financial Services gave details on the scheme, asserting the comparative benefits of the contributory pension scheme, Reacting the presentation, the staff side requested that official side to make the contributory pension scheme optional and the employees might opt for the same if the new scheme is beneficial as presented by the official side. It was decided that the staff side will discuss the issue with the Department of Financial Services further.

6.No outsourcing; contractorisation, privatization of governmental functions; withdraw the proposed move to close down the Printing Presses; the publication, form store and stationery departments and Medical Stores Depots; regularize the existing daily rated/casual and contract workers and absorption of trained apprentices;

Staff Side demanded that due to the ban on creation of posts and recruitment of personnel continuing for a very long period, there was consequent strain on the existing workers and many Departmental heads had to recruit personnel on daily rated basis or as casual workers. Thus, almost 25% of the present work force in Governmental organizations are casual workers deployed to do the permanent and perennial nature of jobs, contrary to the prohibition of such unfair labour practices by the law of the land. In fifties and sixties, even the casual workers who had been employed to do the casual and non perennial jobs used to get priority for regular employment as and when vacancy for such permanent recruitment arises. Thousands of persons are now recruited as casual workers and kept as such for years together. As per information now made available on the floor of the Parliament, the number of contract workers engaged by various public sector undertakings and Governmental organizations is very large. They are paid pittance of a salary with no benefits like provident fund, DA and other compensatory allowances etc. In order to ensure that they do not get the benefit of regularization, these workers are technically discharged for a few days to be employed afresh again. The modus operandi differs from one department to another.

Staff Side demanded that privatization and corporatization must not be allowed. It was informed by official side that the meeting in the Departments of (Railways & Postal) have taken place in this matter and dialogue is continuing.

Regarding Printing Press, representative of Ministry of Urban Development stated that it was looking into it in a holistic manner and no final decision has yet been taken on privatization of printing presses.

The Ministry of Health representative said that there was no plans to close the Medical Stores Depots. A Society was being floated for better supplies of medicines. It was decided that Staff Side will have a meeting with Ministry of Health & Family Welfare/Ministry of Urban Development separately.

7.Revive the JCM functioning at all levels as an effective negotiating forum for settlement of the demands of the Central Government Employees (CGEs).

This issues was not discussed.

8.Remove the arbitrary ceiling on compassionate appointments.

The Staff Side has submitted that on the plea of a Supreme Court directive, Government introduced a 5% ceiling on the compassionate appointments. When the matter was taken up by the Staff side in the National Council the Govt. was not able to produce any such direction of the Supreme Court. Despite that, the official side refused to withdraw the said instructions limiting the appointments to 5% of the available vacancies. In one of the National Council meetings, presided over by the Cabinet Secretary solemn assurance was given to the Staff Side that the issue will be revisited in the light of the discussion, but nothing happened thereafter.It is pertinent to mention in this connection that the compassionate appointments in the Railways continue to be operated without any such ceiling. In the Department of Posts hundreds of candidates selected by Selection Committee were denied jobs. Some candidates approached the Court and obtained favorable order. But the Court detective was made applicable to only those who approached the Court. Such an assurance is being breached by the provisions of limiting such appointments to 5% of vacancies therefore must be done away with.

It was agreed that DoPT will revisit the issue.

9.Other issues were deferred for next meeting.

10.It was agreed that the pending issues on the National Anomaly Committee would also be discussed further. In the case of MACP issues, Ministry of Railways would be requested to respond to the same in consultation with DoPT and Department of Expenditure. As regards, the issue relating to stepping up of pay Department of Expenditure would be requested to respond to the issue.

11.Staff Side Members from the Ministry of Defence flagged the following issues for reconsideration by DoPT:-

(i) As per provisions of CCS(RP) Rules, 2008, merger of unskilled and Semi-skilled in the Workshop Staff has taken effect from 01.01.2006. Accordingly, as per DoPT guidelines, ACP granted to the labourers (Unskilled and Semi-skilled) of Ministry of Defence may be reviewed, for which an exemption of trade test is required. The MoD recommended the case of DoPT for their approval, however, DoPT has rejected the case on the plea that the ACP, already granted, need not be reviewed since merger of the Unskilled and Semi-skilled has taken place from 01.09.2008.

(ii) Defence Civilian Employees are always paid a higher rate of Risk Allowance when compared to other Central Government Employees since they are working in highly hazardous and risky jobs. Risk Allowance rate of Defence Civilian Employees may be revised to 6th CPC pay scales.

(iii)CAT, Principal Bench and also Supreme Court have ruled that Night Duty Allowance of Defence Civilian Employees may be revised in 6th CPC pay scales. However, judgments are not implemented.

ANNEXURE

List of Participants in the Meeting held on 25.02.2015 at 2.30 P.M. in Room No.190, North Block

CHAIRPERSON

Shri Sanjay Kothari

Secretary (Personnel)

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DOPT Clarification on MACP for Central Government Employees

No.35034/3/2008-Estt(D) (Vol.II)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

New Delhi 110001

Dated the 10th December, 2014

OFFICE MEMORANDUM    

Subject:- Modified Assured Career Progression Scheme for the Central Government Employee-Clarification regarding.

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Promotion to the grade of Deputy Secretary on ad-hoc basis – Extension of period for one year beyond 03.06.2014.

No.4/5/2013-CS.I(D)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel & Training)

2nd Floor, Lok Nayak Bhawan, New Delhi 110 003,

Dated the 11th August, 2014

OFFICE MEMORANDUM

Subject : Promotion to the grade of Deputy Secretary on ad-hoc basis – Extension of period for one year beyond 03.06.2014.

The undersigned is directed to refer to this Departments O.M. of even number dated 23rd July, 2013 and subsequent orders bearing No. 4/14/2011-CS.I(D) dated 4.6.2013. No. 4/3/2013-CS.I(D) dated 18.6.2013 & 7.8.2013, No.4/2/2013-CS.l(D) dated 12.8.2013 and No.3/1/2013-CS.l(D) (Pt.1) dated 30.9.2013, for extension of period of ad-hoc promotions / promotions of Under Secretaries of the CSS to the grade of Deputy Secretary on ad-hoc basis. The tenure of ad-hoc appointment of some of the officers covered under the above orders is for different periods.

2. The Competent Authority has approved the extension of the period of ad-hoc appointment of all the Deputy Secretaries upto 30.6.2015 or till the posts are filled up on regular basis or till the further orders, whichever is earlier.

3. The above stated approval for extension upto 30.06.2015 will be applicable to all such officers who are holding the post of Deputy Secretary on ad-hoc basis as per aforementioned orders and also to those officers who have retired between 03.06.2014 to the date of issue of this Office Memorandum. This approval will, however, not be applicable to those officers whose promotions were cancelled subsequently. The continuation of the ad-hoc promotion is subject to the conditions mentioned in this Department’s aforementioned orders.

Sd/-

(Parminder Singh)

Under Secretary to the Government of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/extensionaug14.pdf

Expected DA from January 2015 Starts now..!

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DOPT Excellence awards were presented to 38 employees

Press Information Bureau 

Government of India 

Ministry of Personnel, Public Grievances and Pensions 

Department of Personnel and Training Excellence awards were presented to 38 employees 

Department of Personnel and Training (DoPT) Secretary Dr. S. Government department set up by the Excellence Award presented at a function here today. Addressing the ceremony, Dr. Government expressed the hope that these awards will result to the services offered by government institutions. He said that the services of diligent workers in recognition of superior human resource management system which will boost the morale of employees and better services to the public will be available. DR. 38 employees of the Department of Government during 2013-14 and Memento were awarded merit certificates for excellent work. All wings of the department was asked to submit names for consideration period. The performance of such employees has been considered by a committee of joint secretaries of the Department. The Committee recommended the names of 38 employees. DoPT as the 2013 Excellence certificate of non-economic incentive scheme was introduced. Vilcasotia / Adike / Jiars -2506 

Source: PIB

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