Compassionate appointment not a matter of right- Decision of apex court

'Compassionate appointments not a matter of right'

: Appointments in government offices on compassionate grounds cannot be claimed as a right and they are permissible only in genuine cases as per rules, else it would violate the Constitution, the Supreme Court has ruled.

"Appointment on compassionate grounds cannot be claimed as a matter of right. As a rule, public service appointments should be made strictly on the basis of open invitation of applications and merit.

"The appointment on compassionate ground is not another source of recruitment but merely an exception to the aforesaid requirement taking into consideration the fact of the death of the employee while in service leaving his family without any means of livelihood," the apex court said.

A bench of justices B S Chauhan and Dipak Misra gave the ruling while upholding the Union government's appeal against an Allahabad High Court order to appoint Shashank Goswami on compassionate grounds

The apex court said it is a settled legal proposition that the claim for appointment on compassionate ground is based on the premises that the applicant was dependent on the deceased employee.

"Strictly, such a claim cannot be upheld on the touchstone of Article 14 or 16 of the Constitution of India.

"However, such claim is considered as reasonable and permissible on the basis of sudden crisis occurring in the family of such employee who has served the State and dies while in service

"In such cases the object is to enable the family to get over sudden financial crisis and not to confer a status on the family," said Justice Chauhan writing the judgement for the bench.

Article 14 guarantees equality before law, while 16 refers to the equality of opportunity in matters of public employment.

Incentive system for govt employees next year: Secy

 Incentive system for govt employees 

An incentive structure akin to one prevalent in private sector could soon be in place for government servants as well, building on the extensive performance review that is already underway for them, a top government official said.
“An incentive system is being worked upon as recommended by the sixth pay commission. It could be implemented by next year,” Prajapati Trivedi, secretary , performance management, said at the annual economic editors’ conference.
The incentives would be given out from the cost savings achieved by a bureaucrat in his role and will, therefore, not place an additional financial burden on the government, he explained. Besides, the extensive job performance parameters, these incentives would also depend on cost saving on account of reduction in the use of office stationary and savings in electricity consumption. Cabinet secretary K M Chandrashekhar has already written a letter to all secretaries to the government of India on their performance targets.
A mid-year review of the performance of government departments and officials is currently underway, that will give them fair idea of how each fares with respect to their agreed goals.
The government had put in place a performance monitoring and evaluation system following an announcement in this regard by the President in her address to both the houses of Parliament on June 4, 2009. The first evaluation was carried out last year which was limited to only three months of the fiscal.
The current year’s evaluation would be the first comprehensive exercise, which will be illustrated in a report card. This report card will be finalised by May 1 each year.
The new policy is designed on what is already in place in many countries. New Zealand, United Kingdom and USA carry out extensive performance reviews of their government departments.
The results framework document of each ministry or department will be put on its website to ensure stakeholder participation and transparency of the exercises . The concept is based on a paper prepared by the IIM, Ahmedabad.

Source: Economic Times

Time-limit for making compassionate appointment.

No.14014/19/2002-Estt(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi, dated the 5th May, 2003

OFFICE MEMORANDUM

Subject : Time-limit for making compassionate appointment.

The undersigned is directed to refer to Department of Personnel and Training OM No.14014/6/94-Estt(D) dated October 9, 1998 on the above subject and to say that the question of prescribing a time for making appointment on compassionate grounds has been examined in the light of representations received, stating that the one year limit prescribed for grant of compassionate appointment is often resulting in depriving genuine cases seeking compassionate appointments, on account of regular vacancies not being available, within the prescribed period of one year and within the prescribed ceiling of 5% of direct recruitment quoto.

2. It has, therefore, been decided that if compassionate appointment to genuine and deserving cases, as per the guidelines contained in the above OMs is not possible in the first year, due to non-availability of regular vacancy, the prescribed Committee may review such cases to evaluate the financial conditions of the family to arrive at a decision as to whether a particular case warrants extension by one more year, for consideration for compassionate appointment by the Committee, subject to availability of a clear vacancy within the prescribed 5% quoto. If an scrutiny by the Committee, a case is considered to be deserving, the name of such a person can be continued for consideration for one more year.

3. The maximum time a person’s name can be kept under consideration for offering Compassionate Appointment will be three years, subject to the conditions that the prescribed Committee has reviewed and certified the penurious condition of the applicant at the end of the first and the second year. After three years, if compassioante appointment is not possible to be offered to the Applicant, his case will be finally closed, and will not be considered again.

4. The instructions contained in the above mentioned OMs stand modified to the extent mentioned above.

5. The above decision may be brought to the notice of all concerned for information, guidance and necessary action.

6. Hindi version will follow.

sd/-

Departmental proceedings against Government servants-Procedure

 The D.O.PT. has issued office Memorandum dated 15 th May 2012 reiterating its earlier instructions that while  refering the case to U.P.S.C. for consultation the disciplinary authorities should not express any opininion / recommendation as regards the penalty to be imposed.proposed and recommending such punishment is not keeping with the provisions in the proviso to Rule 15 (3) and 15 (4) 0f C.C.S. (C.C.A.) Rules 1965.

 It has also been emphasized in the said memorandum that the inquiry officer should give a seperate finding on every charge shown in the charge sheet and not club the findings for all the charges.


This memorandum is available on this blog under heading " Orders/ Circulars/Notificatins for C. C. S. employees.. Those who are interested can get it downloaded, if necessary.

                                                   

Punishment not provided in service Rules cannot be imposed

 Punishment not provided in service Rules cannot be imposed

The supreme Court  in the recent  case of Vijay Singh v/s State of UP. and others decided on 13 th April 2012 considered  the  question  as to whether the disciplinary authority can impose punishment not prescribed under statutory rules after holding disciplinary proceedings.

The appellant when posted as Sub-Inspector of Police at Police Station, Moth, District Jhansi in the year 2010, had arrested Sahab Singh Yadav for offence punishable under Section 60 of the U.P. Excise Act and after concluding the investigation, filed a chargesheet before the competent court against the said accused.

 During the pendency of the said case in court, a show cause notice was served upon him by the Senior Superintendent of Police, Jhansi dated 18.6.2010 to show cause as to why his integrity certificate for the year 2010 be not withheld, as a preliminary enquiry had been held wherein it had come on record that the appellant while conducting investigation of the said offence did not record the past criminal history of the accused.

 The appellant filed reply to the said show cause notice on 4.7.2010 pointing out that the said offence was bailable. The purpose of finding out the past criminal history of an accused is relevant in non-bailable cases as it may be a relevant issue for considering his bail application. More so, withholding the integrity could not be the punishment and as the criminal case was sub judice before the competent court against the said accused on the chargesheet submitted by him, no action could be taken against the appellant unless the court comes to the conclusion that investigation was defective.

The disciplinary authority, i.e. Senior Superintendent of Police without disclosing as under what circumstances not recording the past criminal history of the accused involved in the case had prejudiced the cause of the prosecution in a bailable offence and without taking into consideration the reply to the said show cause, found that the charge framed against the appellant stood proved, reply submitted by the appellant was held to be not satisfactory. Therefore, the integrity certificate for the year 2010 was directed to be withheld vide impugned order dated 8.7.2010

The Supreme Court held that the  integrity certificate  on the basis of disciplinary proceedings cannot be withheld since no such punishment is provided in the respective serivice Rules. The Court also observed as under,:

The instant case is an eye opener as it reveals as to what extent the superior statutory authorities decide the fate of their subordinates in a casual and cavalier manner without application of mind and then expect them to maintain complete discipline merely being members of the disciplined forces.

The entire judgemnt is available on this blog under the heading “Important Judgements”

How to calculate annual or promotional increment for Central Government employees as per 6th CPC..?

How to calculate annual or promotional increment for Central Government employees as per 6th CPC..?

The logic is very simple, but everyone should know about the procedure of calculation.

We explain with some illustrations...

The increment is an increase in pay for each year in a particular date. As per 6th CPC the annual increment has been granted on 1st July of every year and the qualifying period for earning an increment is six months on 1st July. One increment is equal to 3% (three per cent) of the sum of the pay in the pay band and the grade pay will be computed and rounded off to the next multiple of ten.

"As per the Rule No.13 of CCS(Revised Pay) Rules 2008, “In the case of calculation of increments under the revised pay structure, paise should be ignored, but any amount of a rupee or more should be rounded off to next multiple of 10".

To illustrate, if the amount of increment comes to Rs.1900.70 paise, then the amount will be rounded off to Rs.1900; if the amount of increment works out to be Rs.1901, then it will be rounded off to Rs.1910.”

And finally the increment amount will be added to the existing pay in the pay band.

For example :


An employee's pay in the pay band is Rs.10,230 and his grade pay Rs.2800, his basic pay = 10,230 + 2,800 = 13,030

His increment will be calculated as follows...
13,030 x 3% = 390.90
after rounded off to ten, it will be Rs.390 only.

Whereas, the another employee's pay in the pay band is Rs.10240 and his grade pay Rs.2800, his basic pay = 10,240 + 2,800 = 13,040
His increment will be calculated as follows...
13,040 x 3% = 391.20
then it will be rounded off to Rs.400.

Source: CGEN.in
Coutesy -Central Government Emplyees News

Relaxation of travel by Air to North east Region

The D.O.P.T.. vide Ofice memrandum dated 30 --04-2012 has extended the relaxation  for  LTC travel by Air to visit North East region, under C.C.S.(L.T.C.) Rules 1988 for afurther two years beyond 31 st May 2012.
The said memorandum is available on this blog under heading "orders/ Circulars/ nNotifications issued for Cenral Civil services employees.

Guidelines for processing resignation of A.I.S.Officers

The D.O.P.T. has issued the guidelines for processing resignation of A.I.S. offices vide F. No.240121101-AIS(I) dated 16-08-2011. They are available on this blog. Those interested can get them downloaded.

Orders /Circulars/ Notifications /Amendments issued for A.I.S. and C.C.S emploees

The orders/ Circulars/ Notification/ Amendments to Rules in respect of All India Service oficers and Central Civil service emplyees are provide on this blog under the title of " Orders/ Circulars/ Notifications issued for  C.C.S. employees and A.I.S. employees respectively. Those interested can get the orders/ circulars and notoifications downloaded for their use.

Guidelines for checking delay in grant of sanction for prosecution.

The Department of Personnel and Training has issued Guidelines for checking delay in sanction of prosecution vide office memrandum dated 27-03-2012. The said memorandum  is available on this blog under the heading 'Orders/ Circulars/ notifications issued for C.C.S.employees. Those who are intersted can get the same downloaded.

Guidelines for checking delay in grant of sanction for prosecution

The  Department of Personnel and Training has issued office memorandum dated 3 rd May 2012  providing guidelines for checking delay in sanction of prosecution. The said office memrandum is available on this blog under heading "orders/circulars /notification issued for C.C.S.employees" Those interested can get the same downloaded.

Consolidated orders on relaxation in upper age limit allowed

The Deaprtment Of Personnel and Training (DOPT) has issued consolidated orders regarding relaxation of age limit to vaious Government servants vide circular no. No. 15012/2/2010-Estt.(D) dated 27 th March 2012. The said circular is available on this blog under heading "Orders/ Circulars/ notifications issued in respect of C.C.S."