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Friday, 23 December 2011
Reservation for Other Backward Classes in Civil Posts and Services under the Govt. of India- Sub-quota for minority community
Wednesday, 14 December 2011
Amendment to C.C.S.(C.C.A.) Rules,1965
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
New Delhi, dated the 5th December, 2011
Notification
G.S.R.........(E), ---- In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution, and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Classification, Control and Appeal) Rules, 1965, namely :-1. (1) These rules may be called the Central Civil Services (Classification, Control and Appeal) Amendments Rules, 2011.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Civil Services (Classification, Control and Appeal) Rules, 1965, in rule 14-
(a) in sub-rule (2) for the Explanation, the following Explanation shall be substituted, namely :-
"Explanation - (i) Where the disciplinary authority itself holds the inquiry, any reference in sub-rule (7) to sub-rule (20) and in sub-rule (22) to the inquiring authority shall be constituted as a reference to the disciplinary authority.
(ii) Where the disciplinary authority appoints a retired Government servant as inquiring authority, any reference in sub-rule (7) to sub-rule (20) and in sub-rule (22) shall include such authority",
(b) in sub-rule (5), after clause (c), the following Explanation shall be inserted, namely :-
"Explanation :- For the purpose of this rule, the expression 'Government servant' includes a person who has ceased to be in Government service".
[F.No.11012/2/2005-Estt. (A)]
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(U.S.CHATTOPADHYAY)
(U.S.CHATTOPADHYAY)
Sunday, 11 December 2011
Important Judgemnets On topics related to "Disciplinary Proceedings now available on this blog
Friends,
The important judgements on "Departmental Inquiry " which I had earlier uploaded on the blog were not accessible earlier because of some technical snag. The technical snag has now been resolved with the help from C.I.T., Yashada and the viewers can view and also download these judgements. I propose to upload many more judgements including the recent ones for the benefit of viewrs.
Shridhar Joshi
The important judgements on "Departmental Inquiry " which I had earlier uploaded on the blog were not accessible earlier because of some technical snag. The technical snag has now been resolved with the help from C.I.T., Yashada and the viewers can view and also download these judgements. I propose to upload many more judgements including the recent ones for the benefit of viewrs.
Shridhar Joshi
Last date to avail LTC to visit Jammu and Kashmir
Last date to avail the relaxation of travel by air on LTC to visit Jammu&Kashmir is 17.6.2012.
The fantastic opportunity to travel by air with family members to visit Jammu&Kashmir will be ended on 17.6.2012 and the relaxation to travel by air with family members to visit North East Region area to avail upto 30.4.2012 only. There is no confirmation to further extension of the relaxation to travel by air to Jammu&Kashmir and NER to Central Government serving employees.
Courtesy Central Government news
Sunday, 4 December 2011
Official dealings between the Administration & Members of Parliament and State legilatures
No.11013/4/2011-Estt.(A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi.
01st December, 2011
01st December, 2011
OFFICE MEMORANDUM
Subject: Official dealings between the Administration and Members of Parliament and State Legislatures — Observance of proper procedure.
The Members of Parliament and State Legislatures as the accredited representatives of the people occupy a very Important place in our
democratic set-up. In connection with their duties, they often find it necessary to seek information from the Ministries/Departments of the
Government of India or the State Governments, or make suggestions for their consideration or ask for interviews with the officers. Certain well-recognized principles and conventions to govern the relations between the Members of Parliament / State Legislatures and Government servants have already been established.
2. Reference is Invited to the guidelines concerning the official dealings between Administration and Members of Parliament and State Legislatures
which were issued by the Cabinet Secretariat (Department of Personnel and Administrative Reforms, in the OM. No 25/19/64-Estt. (A) dated 08.11.1974). The importance of adherence to these guidelines was reiterated in the Department of Personnel and Training’s OM. No. 11013/6 2005-Estt. (A)dated 17.08.2007. The provisions of the Central Secretariat Manual of Office Procedure regarding prompt disposal of communications from MPs have also been reiterated by the Department of Administrative Reforms and Public Grievances. The Minister of State for Personnel, Public Grievances and Pensions has also written to all Ministers In this regard vide D.O letter dated 5th May, 2011, requesting that a mechanism may be set up to periodically monitor progress in disposal of references received from Members of Parliament.
3. Some instances of non-adherence to the existing guidelines have been brought to Government’s attention by Members of Parliament and a need has been felt for again sensitizing all administrative authorities concerned.
Wednesday, 30 November 2011
TAX EXEMPTION ON CANTEEN SALES
Ministry of Home Affairs
Tax Exemption on Canteen SalesThe Central Para-Military Forces (CPMF) have sought VAT exemption on canteen sales. Chairman, Welfare And Rehabilitation Board (WARB) has written to the Chief Ministers of all the States and to the Union Territories for seeking exemption of Value Added Tax (VAT) to Central Police Canteen (CPC).
Hon’ble Minister of State for Home Affairs and Home Secretary have also written to all the State Governments and Union Territory Administrations vide letter dated 30/09/2011 and 02/06/2008 for exemption of Value Added Tax (VAT) to Central Police Canteen (CPC). Till date, 12 States/UTs viz. Bihar, Chhattisgarh, Uttarakhand, Manipur, Meghalaya, Haryana, Rajasthan, Jharkhand, Tamilnadu, Orissa, Kerala & Chandigarh have agreed for exemption of VAT on sales of Central Police Canteens.
This was stated by Shri Jitendra Singh, Minister of State of Home Affairs in written reply in the Lok Sabha today
Sunday, 27 November 2011
Central Government Employees to travel by air to North eastern Region
Special Package for North-Eastern Region
The Ministry of Tourism, as a part of its promotional activities releases print, electronic, online and outdoor media campaigns to promote various tourism destinations and products of the country including the North East Region. Besides, North East specific media campaigns are launched to promote the entire North East Region. The Ministry of Tourism provides complimentary space to the North Eastern States in India pavilions set up at major international travel fairs & exhibitions. Further, In relaxation of CCS (LTC) Rules 1988, the Government has decided to permit Government servants to travel by air to North Eastern Region on LTC as follows:-
The Ministry of Tourism, as a part of its promotional activities releases print, electronic, online and outdoor media campaigns to promote various tourism destinations and products of the country including the North East Region. Besides, North East specific media campaigns are launched to promote the entire North East Region. The Ministry of Tourism provides complimentary space to the North Eastern States in India pavilions set up at major international travel fairs & exhibitions. Further, In relaxation of CCS (LTC) Rules 1988, the Government has decided to permit Government servants to travel by air to North Eastern Region on LTC as follows:-
(i) Group A and Group B Central Government employees will be entitled to travel by Air from their place of posting or nearest airport to a city in the NER or nearest airport.
(ii) Other categories of employees will be entitled to travel by air to a city in the NER from Guwahati or Kolkata.
(iii) All Central Government employees will be allowed conversion of one block of Home Town LTC into LTC for destinations in NER.
(c): Every year 10% of the total plan allocation of the Ministry of Tourism is mandatorily earmarked for releasing funds to the States of the North East Region. This apart, following special dispensations are given to the North Eastern States:
(i) Under the scheme of product/infrastructure development of destinations/circuit, budget accommodation, restaurants, etc. are allowed to the States of North East Region, selected places of J&K and Eco Tourism projects only.
(ii) For organizing fairs & festivals 100% central financial assistance is allowed to the North Eastern States & the State of Jammu & Kashmir only.
This information was given by the Minister of State of Tourism, Shri Sultan Ahmed in a written reply in Lok Sabha today.
(courtsey-Central Government News)
Tuesday, 15 November 2011
Quick and accurate Disbursement of Pension to Ex-Servicemen
Government of India, Ministry of Defence
Department of Ex-Servicemen Welfare & Controller General of Defence Accounts
Department of Ex-Servicemen Welfare & Controller General of Defence Accounts
Quick and Accurate Disbursement of Pension to Ex-Servicemen
For information of Defence Pensioners
Government of India has taken a number of decisions to improve the benefits of defence pensioners. The most recent improvements are implementation of the 6th Central Pay Commission Report and further improvements as per Cabinet Secretary Committee’s Report.
2. In order to enable Defence pensioners to know their correct entitlement as a result of various Govt. orders, the Controller General of Defence Accounts (CGDA) has developed a software called “Suvigya”. This software requires some minimum inputs to be provided about the pensioner (e.g. date of discharge/ retirement, rank / group, qualifying service, date of birth, initial pension etc.). On the basis of this information, “Suvigya” shows the changes in pension as a result of different revisions and the latest pension entitlements. The software also provides for taking print-out of the result.
3. “Suvigya” software has been installed in the offices of Rajya / Zila Sainik Boards and Defence Pension Disbursement Offices (DPDOs) in a phased manner. Defence pensioners can approach any of these offices (irrespective of where they reside or the agency from which they draw their pension) to know their correct entitlements through “Suvigya”. In case they are not being paid their pension as per entitlement, they may take up the matter with their Pension Disbursing Agencies.
Source: www.davp.nic.in
[http://www.davp.nic.in/WriteReadData/ADS/eng_10406_1_1112b.pdf]
[http://www.davp.nic.in/WriteReadData/ADS/eng_10406_1_1112b.pdf]
Thursday, 10 November 2011
Principal Bench of CAT’s Judgement in favour of Pre-2006 Pensioners
The Principal Bench of CAT New Delhi, has in a remarkable judgement has quashed the clarifications issued in the Office Memorandum dated 3.10.2008 and 14.10.2008 (No: 38/37/08-P&PW(A) .Pt.1) regarding the fixation of revised pension in respect of pre-2006 pensioners. As we all know, pre-2006 Pensioners have been not treated at par with Post 2006 pensioners as far as revised pension fixation is concerned.
The resolution dated 29.08.2008 by which Government accepted the recommendations of Sixth Pay Commission report as well as the clause in para 4.2 of the Office Memorandum dated 01.09.2008, define the minimum revised pension as " revised pension, in no case, shall be lower than fifty percent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired".
The resolution dated 29.08.2008 by which Government accepted the recommendations of Sixth Pay Commission report as well as the clause in para 4.2 of the Office Memorandum dated 01.09.2008, define the minimum revised pension as " revised pension, in no case, shall be lower than fifty percent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired".
However, it could be seen that in the O.M. No: 38/37/08-P&PW(A) .Pt.1 dated 14.10.2008, Department of Pension and Pension welfare has formulated a fitment table by misinterpreting the Government decision on fixation of pension for pre-2006, Pre-1996 and Pre-1986 Pensioners.
It is apparent that pensioners retired before 2006, are in the loosing side as their minimum pay is pegged at only 50% of minimum of pay band (and 50% of grade pay) corresponding to pre-revised pay scale in which the employee had retired. On plain reading it may look what was done by the Government is correct. But it is gross misinterpretation of 6CPC recommendations and acceptance of 6cpc recommendations in the resolution by way of formulating a wrong fitment table that has caused a huge financial loss to pre-2006 pensioners.
The OM dated 14.10.2008, has advocated that the minimum pension of employees fall under pre-revised scales from S-9 to S-15 will not be less than 50% of Rs.9300 plus 50% of the grade pay corresponding to the pre-revised pay scale. So an employee who retired prior to 2006 when he was receiving a basic pay of Rs.13225 in the pre-revised pay scale of S-15 (Rs.8000-275-13500) will receive a minimum pension of only Rs.4650 + Rs. 2700 (50% of Rs.9300 and Rs.5400), if the revised pension is less than the minimum pension.
Principal Bench of Central Administrative Tribunal (CAT) has come to the rescue of pre-2006 pensioners in this aspect by pronouncing judgement to the effect that O.M dated 14.10.2008 is quashed and revised pension fixation has to be done to the Pre-2006 pensioners on the basis of as per the resolution dated 29.08.2008.
It is also indicated by CAT that in the garb of clarification, respondents misinterpreted minimum of pay in the pay band as minimum of the pay band and that this interpretation is apparently erroneous.
The order portion is as follows:
"PARA 30: In view of what has been stated above, we are of the view that the clarificatiory OM dated 3.10.2008 and further OM dated 14.10.2008 (which is also based upon clarificatiory OM dated 3.10.2008) and OM dated 11.02.2009, whereby representation was rejected by common order, are required to be quashed and set aside, which we accordingly do. Respondents are directed to re-fix the pension of all pre-2006 retirees w.e.f. 1.1.2006, based on the resolution dated 29.08.2008 and in the light of our observations made above. Let the respondents re-fix the pension and pay the arrears thereof within a period of 3 months from the date of receipt of a copy of this order. OAs are allowed in the aforesaid terms, with no order as to interest and costs"
Monday, 31 October 2011
RESEVATION IN PROMOTION -TREATMENT OF SC/ST CANDIDATES PROMOTED ON THEIR OWN MERIT
No.36012/45/2005-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block
New Delhi- 110001.
Dated the 10th August, 2010.
OFFICE MEMORANDUM
Subject: Reservation in promotion Treatment of SC/ST candidates promoted on their own merit.
The undersigned is directed to refer to this Departments O.M.No.36028/17/2001-Estt. (Res.) dated 11th July, 2002 which clarified that SC/ST candidates appointed by promotion on their own merit and not owing to reservation or relaxation of qualifications will be adjusted against un-reserved points of the reservation roster and not against reserved points. It was subsequently clarified by this Department’s O.M. No.36028/17/2001-Estt. (Res.) dated 31.1 .2005 that the above referred O.M. took effect from 11.07.2002 and that concept of own merit did not apply to the promotions made by non-selection method.
2. Central Administration Tribunal, Madras Bench in O.A. No.900/2005 [S. KaÌugasalamoorthy v/s. Union of India & Others] has set aside the O.M. No.36028/17/2001-Estt. (Res.) dated 31.1.2005 and held that when a person is selected on the basis of his own seniority, the scope of considering and counting him against quota reserved for SCs does not arise. The High Court of judicature at Madras in the matter of UO1 v/s.S. Kalugasalamoorthy [WP No.15926/2007) has upheld the decision of the Central Administrative Tribunal.
3. The matter has been examined in the light of the above referred judgments and it has been decided to with draw O.M. No. 36028/17/2001-Estt. (Res.) dated 31.1.2005 referred to above. It s clarified that SC/ST candidates appointed by promotion on their own merit and seniority and not owing to reservation or relaxation of qualifications will be adjusted against unreserved points of reservation roster, irrespective of the fact whether the promotion is made by selection method or non-selection method. These orders will take effect from 2.7.1997. the date on which post based reservation was introduced.
4. These instructions may he brought to the notice of all concerned.
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(K.G. Verma)
Director
(K.G. Verma)
Director
Sunday, 30 October 2011
HELLO, I AM BACK
I HAVE PURCHASED A NEW COMPUTER AND THE SAME IS INSTALLED . I WILL NOW BE WRITING A DAILY THOUGHT AND WILL REGULARLY UPLOAD NEW G.Rs. , CIRCULARS AND THE JUDGEMENTS ON THE BLOG.
WISHY YOU ALL A HAPPY NEW YEAR.
SHRIDHAR JOSHI
WISHY YOU ALL A HAPPY NEW YEAR.
SHRIDHAR JOSHI
Monday, 17 October 2011
SORRY
THE COMPUTER AT MY RESIDENCE HAS GONE OUT OF ORDER . I AM NOT THEREFORE ABLE TO WRITE THE DAILY THOUGHT AND ALSO SEND THE REPLIES TO MY FRIENDS WHO VISIT THE BLOG REGULARLY AND WRITE TO ME . THE INCONVENIENCE CAUSED TO ALL MY FRIEND IS DEEPLY REGRETTED.
Thursday, 13 October 2011
Dispensing with second stage consultation with the CVC in disciplinary cases
No.372/19/2011-AVD-III(Pt.I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
New Delhi the 26th September, 2011.
OFFICE MEMORANDUM
Subject: Dispensing with second stage consultation with the CVC in disciplinary cases.The Government had constituted a Group of Ministers (GoM), on 6th January, 2011 with the approval of the Prime Minister to consider measures that can be taken by the Government to tackle corruption. One of the terms of reference (ToR) of the GoM was to consider and advise on “Fast tracking of all cases of public servants accused of corruption ‘. The GoM, while considering this (T0R) also considered certain important recommendations of the Hota Committee (Committee of Experts to review the procedure of Disciplinary/Vigilance Inquiries and recommended measures for their expeditious disposal) and decided that second stage consultation with CVC in disciplinary matters may be dispensed with. However, in those cases where consultation with UPSC is not required as per extant rules/instructions, the second stage consultation with CVC should continue.
The above recommendation of the GoM has been accepted by the Government with the approval of the Prime Minister. All Ministries/Departments are, therefore, advised to strictly adhere to the new procedure with immediate effect.
The Central Vigilance Commission has been separately requested to amend its Vigilance Manual and other relevant instructions accordingly.
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(V.M. Rathnam)
Deputy Secretary to the Government of India
Source: www.persmin.nic.in (V.M. Rathnam)
Deputy Secretary to the Government of India
[http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02ser/372_19_2011-AVD-III-2.pdf]
Tuesday, 4 October 2011
Payment of Dearness Allowance to Central Government employees - Revised Rates effective from1.7.2011.
No. 1(14)/2011-E-II (B)
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, the 3rd October, 2011.
OFFICE MEMORANDUM
Subject: Payment of Dearness Allowance to Central Government employees - Revised Rates effective from1.7.2011.
The undersigned is directed to refer to this Ministry’s Office Memorandum No. 1 (2)/2011-E-II(B) dated 24th March,2011 on the subject mentioned above and to say that the President is pleased to decide that the Dearness Allowance payable to Central Government employees shall be enhanced from the existing rate of 51% to 58% with effect from 1st July, 2011.
2 The provisions contained in paras 3, 4 and 5 of this Ministry’s O.M. No. 1 (3)/2008-E-II(B) dated 29th August, 2008 shall continue to be applicable while regulating Dearness Allowance under these orders.
3 The additional instalment of Dearness Allowance payable under these orders shall be paid in cash to all Central Government employees.
4 These orders shall also apply to the civilian employees paid from the Defence Services Estimates and the expenditure will be chargeable to the relevant head of the Defence Services Estimates. In regard to Armed Forces personnel and Railway employees separate orders will be issued by the Ministry of Defence and Ministry of Railways,respectively.
5 In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.
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(Anil. Sharma)
Under Secretary to the Government of India
Friday, 30 September 2011
Guidelines regarding grant of ‘Vigilance Clearance’ to members of Central Civil Services / Posts.
Guidelines regarding grant of ‘Vigilance Clearance’ to members of Central Civil Services / Posts.
The undersigned is directed to say that it has been decided by the Government that officers who have not submitted the Annual Immovable Property Returns by the prescribed time would be denied vigilance clearance and Will not be considered for empanelment for senior level posts in Government of India.
2. Accordingly, in this Department’s OM No. 11012/11/2007-Estt.A dated 14.122007, laying down guidelines regarding grant of vigilance clearance to members of Central Civil Services / Posts, in para 2 a new sub-para (f) will be inserted as under:
(f) Vigilance clearance shall be denied to an officer if he fails to submit his annual immovable property return of the previous year by 31st January of the following year, as required under Government of India decisions under Rule 18 of the Central Civil Services (Conduct) Rule, 1964.
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The undersigned is directed to say that it has been decided by the Government that officers who have not submitted the Annual Immovable Property Returns by the prescribed time would be denied vigilance clearance and Will not be considered for empanelment for senior level posts in Government of India.
2. Accordingly, in this Department’s OM No. 11012/11/2007-Estt.A dated 14.122007, laying down guidelines regarding grant of vigilance clearance to members of Central Civil Services / Posts, in para 2 a new sub-para (f) will be inserted as under:
(f) Vigilance clearance shall be denied to an officer if he fails to submit his annual immovable property return of the previous year by 31st January of the following year, as required under Government of India decisions under Rule 18 of the Central Civil Services (Conduct) Rule, 1964.
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(U.S.Chattopadhyay)
Under Secretary to the Government of India
Wednesday, 14 September 2011
Non -Productivity Linked Bonus (ad-hoc bonus) to Central Government Employees for the year 2010-11
Non-Productivity Linked Bonus (ad-hoc bonus) to Central Government Employees for the year 2010-11
Finance Ministry has published an Office Memorandum(No.7/24/2007/E.III(A) dated 13th September, 2011) in its website regarding that grant of Non-Productivity Linked Bonus (ad-hoc bonus) to Central Government Employees for the year 2010-11. Non-PLB for the year 2010-11 granted equivalent to 30 days emoluments to the Group ‘C’ and ‘D’ and all non-gazetted employees in Group ‘B’.
The calculation ceiling of Rs.3500 will remain unchanged.
The benefit will be admissible subject to the following terms and conditions as follows…
Only those employees who were in service on 31.3.2011 and have rendered at least six months of continuous service during the year 2010-11.
To calculate bonus for one day, the average emoluments in a year will be divided by 30.4 (average number of days in a month). This will thereafter be multiplied by the number of days of bonus granted. For example, Non-PLB for thirty days would work out to Rs.3500 x 30 / 30.4 = Rs.3453.95 (rounded off to Rs.3454).
The casual labour who have worked in offices following a 6 days week for at lest 240 days for each year for 3 years or more (in case of 5 days in a week, 206 days in each year for 3 years or more).
To calculate the bonus for casual labour will be Rs.1200 x 30 / 30.4 = Rs.1184.21 (rounded off to Rs.1184).
All payments will be rounded off to the nearest rupee.
For more details pl. visit www.finmin.nic.in
(Ref: http://finmin.nic.in/the_ministry/dept_expenditure/notification/bonus/bonus2011.pdf)
(Ref: http://finmin.nic.in/the_ministry/dept_expenditure/notification/bonus/bonus2011.pdf)
Tuesday, 13 September 2011
Submission of Immovable property Return for the year 2010(as on 1-1-2011)
G.I., Dept.of Pers. & Trg., O.M.No.25/20/2011-CS-Il(A), dated 8th September, 2011
Submission of Immovable Property Return for the year 2010 (as on 1.1.2011).
Submission of Immovable Property Return for the year 2010 (as on 1.1.2011).
In accordance with rule 18(1) of CCS (Conduct) Rules, 1964, all Group ‘A’ & ‘B’ officers are required to submit the statement of Immovable Property Return annually. Since the ACR/APAR dossiers of PPS & above level officers of CSSS are maintained on centralized basis by DoP&T, the IPRs of these officers will also be maintained by DoP&T on centralized basis from 2010 onwards.
2. All the Ministries/ Departments are, therefore, requested to obtain and forward the IPR (format enclosed) for the year 2010 onwards from all the CSSS officers of PPS and above level presently posted in their Ministry/Department to this Department at the earliest. While furnishing the IPRs it may be ensured that usage of phrases such as "same as previous year” or “no change” are avoided and full particulars of the immovable property
inherited/owned/acquired or held are furnished in terms of Rule 18 of CCS (Conduct) Rules,1964.
inherited/owned/acquired or held are furnished in terms of Rule 18 of CCS (Conduct) Rules,1964.
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(Rajiv Manjhi)
Deputy Secretary to the Govt. of India
Friday, 2 September 2011
Payment of interest on delayed payment of gratuity
GOVERNMENT OF NCT OF DELHI
Finance (Accounts) Department
‘A’ Wing, 4th Level, Delhi Secretariat,
I.P.Estate, New Delhi.
No.F.12/9/2011-AC/DSIII/1163-1171Finance (Accounts) Department
‘A’ Wing, 4th Level, Delhi Secretariat,
I.P.Estate, New Delhi.
Dated: 29.08.2011
OFFICE MEMORANDUM
Subject: Regarding payment of interest on delayed payment of gratuity. A number of proposals are being received from various departments seeking approval for payment of interest on delayed payment of gratuity in respect of retired government servants on account of administrative lapses.
The attention of all the Departments is invited to the provisions laid down in RuIe-68 of CCS (Pension) Rules, 1972 and Government of India’s decisions thereunder. It has been provided that, if the payment of gratuity has been authorized later than the date when its payment becomes due, and it is clearly established that the delay in payment was attributable to administrative lapses, interest shall be paid at such rate as may be prescribed, and in accordance with instructions issued from time to time. In all cases where the payment of interest has been sanctioned by the department with the approval of the competent authority, such department shall fix responsibility and take disciplinary action against the government servant or servants responsible for the delay.
All necessary steps should, therefore, be taken by the Head of Office for ensuring that payment of interest on delayed payment of gratuity is avoided. Officials dealing with such files should be held accountable and responsibility be fixed for not taking timely action in this regard.
However, where disciplinary or judicial proceedings against a government servant are pending on the date of his retirement, no gratuity is to be paid until conclusion of the proceedings and issue of final orders thereon.
Henceforth, it has been decided that in all cases of payment of interest on delayed payment of gratuity attributable to administrative delays [barring cases where disciplinary or judicial proceedings against a government servant are pending on the date of his retirement] action will be taken against officials responsible for such delays which may include recovery of the amount of Interest paid on account of delayed payment of gratuity from the salary of delinquent officers/officials.
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(B.L. Sharma)
SpI. Secretary (Finance)
(B.L. Sharma)
SpI. Secretary (Finance)
Saturday, 6 August 2011
Consideration of persons with disabilities for promotion against unreserved vacancies-reg.
No.36035/4/2010-Estt.(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi
Dated 1st August 2011
OFFICE MEMORANDUM
Subject: Consideration of persons with disabilities for promotion against unreserved vacancies-reg.
The undersigned is directed to say that representations have been received stating that some Ministries/Departments etc. do not consider the persons with disabilities for promotion to Group 'A’ and Group 'B’ posts, even if such posts are identified suitable for them, on the ground that there is no reservation for persons with disabilities in the matter of promotion to such posts. In this regard, attention is invited to para 6 of this Department’s OM No. 36035/3/2004-Estt.(Res) dated 29th December, 2005, which provides that a person with disability cannot be denied the right to compete for appointment against an unreserved vacancy in a post identified suitable for persons with disability of the relevant category. It is hereby clarified that if promotions are made to a Group ‘A’ or Group 'B’ post, which is identified suitable for persons with disability of a specific category, the persons with disability of relevant category in feeder grade, if any, shall be considered for promotion to the post by applying the same criterion as applicable to other persons.
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(Sharad Kumar Srivatava)
Under Secretary to the Govt of India
Tuesday, 2 August 2011
STATE HAS CONSTITUTIONAL OBLIGATION TO BEAR THE MEDICAL EXPENSES OF EMPOLYEES WHILE IN SERVICE AND ALSO AFTER THEY ARE RETIRED- WHETHER MEMBER OF C.G.H.S. OR NOT- DELHI HIGH COURT JUDGEMENT
STATE HAS A CONSTITUTIONAL OBLIGATION TO BEAR THE MEDICAL EXPENSES OF EMPLOYEES WHILE IN SERVICE AND ALSO AFTER THEY ARE RETIRED - WHETHER A MEMBER OF CGHS OR NOT
DELHI H C GRANTS REIMBURSEMENT WITH 18% INTEREST
DELHI H C GRANTS REIMBURSEMENT WITH 18% INTEREST
1. By the present petition filed under Article 226 of the Constitution of India, the petitioner seeks directions to direct the respondents for reimbursement of the medical expenses incurred by the petitioner.
2. The issue is no more res Integra as in the case of S K Sharma (supra), this Court clearly held that the petitioner after getting retired cannot be denied the benefit of the medical reimbursement simply because of the fact that he did not opt for the said scheme.
3. In this case also the claim of the employee was rejected on the ground that he was not covered under the CGHS Rule not being a part of the scheme but still a retired Central Government employee residing in non-CGHS area can make a CGHS card for himself and his dependent family members from the nearest centre where CGHS is functional.
4. Further placing reliance on some authoritative pronouncements of the Apex Court, this Court in the above case took a view that the petitioner cannot be discriminated against, merely because he is not a member of the CGHS scheme as he was staying in a non-CGHS area.
5. In this cIt is a settled legal position that the Government employee during his life time or after his retirement is entitled to get the benefit of the medical facilities and no fetters can be placed on his rights on the pretext that he has not opted to become a member of the scheme or had paid the requisite subscription after having undergone the operation or any other medical treatment.
6. Under Article 21 of the Constitution of India, the State has a constitutional obligation to bear the medical expenses of Government employees while in service and also after they are retired.
7. Clearly in the present case by taking a very inhuman approach, these officials have denied the grant of medical reimbursement to the W P (C) No 889/2007 petitioner forcing him to approach this Court.
8. The respondents did not bother even after the judgment of this Court was brought to their notice and copy of the same was placed by the petitioner along with the present petition.
9. The respondents are directed to pay the said medical claim of the petitioner along with 18% interest from the date of submission of his bill. The said payment shall be made by the respondent within one month from the date of this order. Additional costs of Rs. 10,000/- is also imposed on the respondents for causing delay in making the said
payment to the petitioner.
[Kishan Chand vs Govt of NCT of Delhi & Ors - Delhi High Court - WP(C) No 889 /2007]
payment to the petitioner.
Friday, 22 July 2011
The Judgements which must be read by every disciplinary and appellate authority are now available on this blog
The judgements which must be read by every disciplinary and appellate authority are given below.
1) Natural justice :
State bank of patiala v/s S.k.Sharma
2) Criminal proceedings & Disciplinary Proceedings :
State bank of Rajasthan v/s B.K.Meena
3) Disciplinary & appellate authority are fact finding authorities :
Apparel Export Promotion Council v/s A.K. Chopra
4) Scope of interference by High courts/ Tribunals :
B.C. Chaturvedi v/s Union of India
5) Sexual harrassment at work place :
Vishakha and others v/s State of Rajasthan
6) Sexual harrassment- procedure for imposing penalty :
Sandeep khurana v/s Delhi Transco Ltd.
All the abov mentioned judgements are available on this blog.The cocerned officers may download and study them. This will enable them to handle the departmental proceedings effectively and that the orders passed by them will stand to the scrutiny of the courts and tribunals.
1) Natural justice :
State bank of patiala v/s S.k.Sharma
2) Criminal proceedings & Disciplinary Proceedings :
State bank of Rajasthan v/s B.K.Meena
3) Disciplinary & appellate authority are fact finding authorities :
Apparel Export Promotion Council v/s A.K. Chopra
4) Scope of interference by High courts/ Tribunals :
B.C. Chaturvedi v/s Union of India
5) Sexual harrassment at work place :
Vishakha and others v/s State of Rajasthan
6) Sexual harrassment- procedure for imposing penalty :
Sandeep khurana v/s Delhi Transco Ltd.
All the abov mentioned judgements are available on this blog.The cocerned officers may download and study them. This will enable them to handle the departmental proceedings effectively and that the orders passed by them will stand to the scrutiny of the courts and tribunals.
Tuesday, 12 July 2011
Policy To be Followed In Case Where Presons Refuse Promotion To a Higher Grade- Clarification
No.22034/3/81-Estt(D)
Government of India/Bharat Sarkar
Ministry of Home Affairs/Grih Mantralaya
Department of Personnel & Administrative Reforms
Government of India/Bharat Sarkar
Ministry of Home Affairs/Grih Mantralaya
Department of Personnel & Administrative Reforms
New Delhi, the 1st Oct, 1981.
OFFICE MEMORANDUM
Subject : Policy to be followed in case where persons refuse promotion to a higher grade.The undersigned is directed to invite the attention of the Ministries/Departments to the provisions contained in this Department's O.M. No.1/3/69-Estt.(D) dt. 22.11.75 on the above subject and to say that this issue was discussed in the meeting of the National Council. It was observed that in many cases persons refuse promotion purely to gain monetary benefit specially in cases where the increment of the officer is due in the lower grade shortly. This it was felt causes considerable hardship to many Govt. employees due to the chain reaction fo postponing of the promotion of officers down the line and awaiting promotion. In order to discourage such refusal of promotion, the Government issued orders laying down that those officers who refuse promotion should not be issued any fresh offer of promotion for a period of six months from the date of such refusal.
2. Govt. have recently taken a decision to further liberalise the formula of fixation of pay, in order to avoid anomalies in the matter of fixation of pay. These orders are being separately issued.
3. In view of the fact that Government have decided to further liberalise the procedure of fixation pay of officers, and also to reduce cases of refusal of promotion to the barest minimum which adversely affects of the promotion prospects of officers working down the line, it has now been decided to modify the provisions contained in this Deptt's O.M. No.1/3/69-Estt.(D) dated 22.11.75 mentioned in para 1 above, to the effect that from the date of issue of this order, refusal of promotion by an officer should entail that no fresh offer of promotion would be issued to him for a period of one year, instead of six months as provided for in the earlier instructions.
4. It is further clarified that in cases where the reasons adduced by the officer for this refusal of promotion are not acceptable to the appointing authority, then he should enforce the promotion on the officer and in case the officer still refuses to be promoted, then even disciplinary action can be taken against him for refusing to obey his orders.
5. These instructions take effect from the date of issue of this letter.
6. In so far as the officers working in the Indian Audit and Accounts Deptt., these orders are being issued with the concurrence of the Comptroller and Auditor General of India.
7. Ministry of Finance etc. are therefore, requested to bring the above decisions to the notice of all officers working under them for their information and compliance.
sd/-
(J.K.SARMA)
DIRECTOR
(J.K.SARMA)
DIRECTOR
Thursday, 30 June 2011
What Is The Difference Between EPF, GPF And PPF
What is the differences between EPF, GPF and PPF?
EPF- Employees Provident Fund
GPF - General Pension Fund
PPF - Public Provident Fund
GPF - General Provident Fund which is for the Government Employees
PPF - Individuals can save to a maximum of Rs.60000/- in a year in the account. Account can be maintained in a Post Office.
EPF - Employees Provident Fund for Private sector where 12% of Employees share and 12 % of Employer's share of Basic Salary + DA is deducted and remitted to PF Authorities
PF vs PPF: What's the difference ?
1. What is PPF and PF?
EPF/ PF (Employees Provident Fund / Provident Fund)
The Employee Provident Fund, or provident fund as it is normally referred to, is a retirement benefit scheme that is available to salaried employees.
Under this scheme, a stipulated amount (currently 12%) is deducted from the employee's salary and contributed towards the fund. This amount is decided by the government.
The employer also contributes an equal amount to the fund.
However, an employee can contribute more than the stipulated amount if the scheme allows for it. So, let's say the employee decides 15% must be deducted towards the EPF. In this case, the employer is not obligated to pay any contribution over and above the amount as stipulated, which is 12%.
PPF (Public Provident Fund)
The Public Provident Fund has been established by the central government. You can voluntarily decide to open one. You need not be a salaried individual, you could be a consultant, a freelancer or even working on a contract basis. You can also open this account if you are not earning.
Any individual can open a PPF account in any nationalised bank or its branches that handle PPF accounts. You can also open it at the head post office or certain select post offices.
The minimum amount to be deposited in this account is Rs 500 per year. The maximum amount you can deposit every year is Rs 70,000.
2. What is the return on this investment?
EPF: 8.5% per annum
PPF: 8% per annum
3. How long is the money blocked?
EPF
The amount accumulated in the PF is paid at the time of retirement or resignation. Or, it can be transferred from one company to the other if one changes jobs.
In case of the death of the employee, the accumulated balance is paid to the legal heir.
PPF
The accumulated sum is repayable after 15 years.
The entire balance can be withdrawn on maturity, that is, after 15 years of the close of the financial year in which you opened the account.
It can be extended for a period of five years after that. During these five years, you earn the rate of interest and can also make fresh deposits.
Save tax and get rich
4. What is the tax impact?
EPF
The amount you invest is eligible for deduction under the Rs 1,00,000 limit of Section 80C.
If you have worked continuously for a period of five years, the withdrawal of PF is not taxed.
If you have not worked for at least five years, but the PF has been transferred to the new employer, then too it is not taxed.
The tenure of employment with the new employer is included in computing the total of five years.
If you withdraw it before completion of five years, it is taxed.
But if your employment is terminated due to ill-health, the PF withdrawal is not taxed.
PPF
The amount you invest is eligible for deduction under the Rs 1,00,000 limit of Section 80C.
On maturity, you pay absolutely no tax.
5. What if you need the money?
EPF
If you urgently need the money, you can take a loan on your PF.
You can also make a premature withdrawal on the condition that you are withdrawing the money for your daughter's wedding (not son or not even yours) or you are buying a home.
To find out the details, you will have to talk to your employer and then get in touch with the EPF office (your employer will help you out with this).
PPF
You can take a loan on the PPF from the third year of opening your account to the sixth year. So, if the account is opened during the financial year 1997-98, the first loan can be taken during financial year 1999-2000 (the financial year is from April 1 to March 31).
The loan amount will be up to a maximum of 25% of the balance in your account at the end of the first financial year. In this case, it will be March 31, 1998.
You can make withdrawals during any one year from the sixth year. You are allowed to withdraw 50% of the balance at the end of the fourth year, preceding the year in which the amount is withdrawn or the end of the preceding year whichever is lower.
For example, if the account was opened in 1993-94 and the first withdrawal was made during 1999-2000, the amount you can withdraw is limited to 50% of the balance as on March 31, 1996, or March 31, 1999, whichever is lower.
If the account extended beyond 15 years, partial withdrawal -- up to 60% of the balance you have at the end of the 15 year period -- is allowed.
Courtesy : rediff.com
Thursday, 23 June 2011
Scheme of Exempting Salried taxpayers With Incme upto rs. 5 Lakhs From Filing Income Tax Return For ASssessment Year 2011-2012
The Central Board of Direct Taxes has notified the scheme exempting salaried taxpayers with total income up to Rs.5 lakh from filing income tax return for assessment year 2011-12, which will be due on July 31, 2011.
Individuals having total income up to Rs.5,00,000 for FY 2010-11, after allowable deductions, consisting of salary from a single employer and interest income from deposits in a saving bank account up to Rs.10,000 are not required to file their income tax return. Such individuals must report their Permanent Account Number (PAN) and the entire income from bank interest to their employer, pay the entire tax by way of deduction of tax at source, and obtain a certificate of tax deduction in Form No.16.
Persons receiving salary from more than one employer, having income from sources other than salary and interest income from a savings bank account, or having refund claims shall not be covered under the scheme.
The scheme shall also not be applicable in cases wherein notices are issued for filing the income tax return under section 142(1) or section 148 or section 153A or section 153C of the Income Tax Act 1961.
Monday, 20 June 2011
Employee Under Suspension--- Revision Of Pay scale as per 6th pay commission
The pay scale of Central Government employees and Maharashtra state government employees have been revised as per recommendations of 6th pay commission. However from the e mails received from the viewers of the blog it appears the departmental officers are not fully aware as to how and when the pay of the employees under suspension is to be revised with the result that the pay of the employees who were not under suspension on 1-1-2006 but suspended thereafter has not been revised and they are being paid the subsistence allowance calculated on the basis of old pay scale. Therefore the following clarification is issued as regards pay revision in case of employees under suspension.
1) In case of an employee who was suspended prior to 1-1-2006 and who is still under suspension, the revision of pay will not be done and he will be continued to draw the subsistence allowance fixed on the basis of his pay in the prerevised pay scale.
2) In case of an employee who was suspended prior to 1-1-2006 and then reinstated after completion of conduct of departmental inquiry, the pay will have to be fixed considering the order passed by the disciplinary as regards the treatment of suspension period and the option of selection of pay scale exercised by him.
3 ) An employee suspended after 1-1-2006 and who is continued to be under suspension, should be allowed to exercise the option of electing the revised pay scale , even if the date by which he is to exercise the option falls during the period of suspension. Such employee is entitled to the benefit of increase in pay, if any, including the arrears in respect of the period from 1-1-2006 to the date of suspension and also in the subsistence allowance (including arrears) consequent to increase in pay.
4) An employee suspended after 1-1-2006 and then reinstated after completion of departmental inquiry against him, should be allowed to exercise the option and his pay should be fixed as per revised pay rules. He should be paid arrears if any for the period from 1-1-2006 to the date of suspension.His pay from the date of reinstatement should be fixed considering the final order imposing penalty passed by the competent authority and also the order regarding treatment of suspension and payment of pay and allowances during the suspension period.
If any of the viewers have still any doubt , they may write to me on my email address viz. shridharji@hotmail.com
1) In case of an employee who was suspended prior to 1-1-2006 and who is still under suspension, the revision of pay will not be done and he will be continued to draw the subsistence allowance fixed on the basis of his pay in the prerevised pay scale.
2) In case of an employee who was suspended prior to 1-1-2006 and then reinstated after completion of conduct of departmental inquiry, the pay will have to be fixed considering the order passed by the disciplinary as regards the treatment of suspension period and the option of selection of pay scale exercised by him.
3 ) An employee suspended after 1-1-2006 and who is continued to be under suspension, should be allowed to exercise the option of electing the revised pay scale , even if the date by which he is to exercise the option falls during the period of suspension. Such employee is entitled to the benefit of increase in pay, if any, including the arrears in respect of the period from 1-1-2006 to the date of suspension and also in the subsistence allowance (including arrears) consequent to increase in pay.
4) An employee suspended after 1-1-2006 and then reinstated after completion of departmental inquiry against him, should be allowed to exercise the option and his pay should be fixed as per revised pay rules. He should be paid arrears if any for the period from 1-1-2006 to the date of suspension.His pay from the date of reinstatement should be fixed considering the final order imposing penalty passed by the competent authority and also the order regarding treatment of suspension and payment of pay and allowances during the suspension period.
If any of the viewers have still any doubt , they may write to me on my email address viz. shridharji@hotmail.com
Monday, 13 June 2011
Pension can''t be withheld due to pending criminal case: CAT
Pension and increments of a public servant cannot be withheld only on the basis a pending criminal case against him unless he is convicted, the apex administrative tribunal has held.
"It is amply clear that only on the basis of the case pending against the applicant (Primary School Head Master Lakhi Ram), pension cannot be withheld under Central Civil Services (CCS Pension) Rules, 1972," a two-member bench of Central Administrative Tribunal headed by Justice Meera Chhibber said.
The bench also favoured releasing gratuity during the pendency of criminal case but with an earlier judgement of the CAT ruling against it, the bench referred the question on the gratuity issue to a larger bench.
"Gratuity cannot be withheld under rules of CCS Pension Rules. Otherwise also as per the provision (of) Payment of Gratuity Act, 1972, gratuity cannot be withheld," it said.
"Since we have taken a different view about release of gratuity during the pendency of criminal case than what had been held by the coordinate bench in another case in 2009, the matter may be placed before the chairman on administrative side for constitution of a larger bench to determine the clear position of law on the subject," the bench said.
The judgement came on a petition filed by Lakhi Ram, a Municipal Corporation of Delhi-run primary school headmaster, who retired in August 2007.
He had been suspended on August 13, 2001 after his arrest in criminal case relating to a property dispute.
Though he was reinstated in May 2005 and retired in 2007, his annual increments were stopped from 2001 and were not restored even after his reinstatement in service.
The court directed Education Department of Municipal Corporation of Delhi to grant increments to him from the date of his reinstatement to his superannuation and to fix his pay as per the sixth pay revision and determine his provisional pension.
Source: Yahoo News
"It is amply clear that only on the basis of the case pending against the applicant (Primary School Head Master Lakhi Ram), pension cannot be withheld under Central Civil Services (CCS Pension) Rules, 1972," a two-member bench of Central Administrative Tribunal headed by Justice Meera Chhibber said.
The bench also favoured releasing gratuity during the pendency of criminal case but with an earlier judgement of the CAT ruling against it, the bench referred the question on the gratuity issue to a larger bench.
"Gratuity cannot be withheld under rules of CCS Pension Rules. Otherwise also as per the provision (of) Payment of Gratuity Act, 1972, gratuity cannot be withheld," it said.
"Since we have taken a different view about release of gratuity during the pendency of criminal case than what had been held by the coordinate bench in another case in 2009, the matter may be placed before the chairman on administrative side for constitution of a larger bench to determine the clear position of law on the subject," the bench said.
The judgement came on a petition filed by Lakhi Ram, a Municipal Corporation of Delhi-run primary school headmaster, who retired in August 2007.
He had been suspended on August 13, 2001 after his arrest in criminal case relating to a property dispute.
Though he was reinstated in May 2005 and retired in 2007, his annual increments were stopped from 2001 and were not restored even after his reinstatement in service.
The court directed Education Department of Municipal Corporation of Delhi to grant increments to him from the date of his reinstatement to his superannuation and to fix his pay as per the sixth pay revision and determine his provisional pension.
Source: Yahoo News
Friday, 10 June 2011
Departmetal Inquiry In absence Of Presenting Officer- More Clarification
Some of the viewers of the blog has still doubt relating the conduct of departmental inquiry in absence of presenting officer and therefore the following clarification.
Departmental Inquiry by whom?
Let us understand that the rules provide that the departmental inquiry can be conducted by the disciplinary authority itself or by appointing an independent inquiry officer. However it is desirable that an independent inquiry officer is appointed when a grave misconduct is committed and a major penalty is proposed to be imposed.
Appointment of presenting officer, when?
Rules provide that whenever the inquiry is to be conducted by independent inquiry officer, the departmental inquiry officer may appoint presenting officer. The presenting officer is appointed so that the case of the disciplinary authority can be forcefully pleaded and the charges leveled against the delinquent employee are proved. The court has held in the case referred by me in earlier mail that the presenting officer should be appointed when oral evidence i.e. examination of witnesses, is to be produced .If the presenting officer is not appointed, the case of the disciplinary authority may not be forcefully pleaded. Even in the absence of the presenting officer, the charges may be proved on the basis of documentary and oral evidence.
Role of Inquiry officer in absence of presenting officer
The inquiry officer must remember that his role is not that of prosecutor. He has discretion to ask questions to the witnesses but only to find out the facts. He should not cross-examine the witnesses.
Inquiry in absence of presenting officer
The inquiry held will not be vitiated or held illegal only on the ground of not appointing presenting officer or absence of presenting officer.
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