Dopt Orders on Posting of Government employees who have differently abled dependents

No.42011/3/2014-Estt.(Res.) 
Government of India 
Ministry of Personnel, Public Grievances and Pensions 
Department of Personnel and Training

North Block, New Delhi
Dated the 6th June, 2014

OFFICE MEMORANDUM

Sub: Posting of Government employees who have differently abled dependents – reg.

There has been demand that a Government employee who is a care giver of the disabled child may not have to suffer due to displacement by means of routine transfer/rotational transfers. This demand has been made on the ground that a Government employee raises a kind of support system for his/her disabled child over a
period of time in the locality where he/she resides which helps them in the rehabilitation.

2. The matter has been examined. Rehabilitation is a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, and psychiatric or a social functional level. The support system comprises of preferred linguistic zone, school/academic level, administration, neighbours, tutors/special educators, friends, medical care including hospitals, therapists and doctors, etc. Thus, rehabilitation is a continuous process and creation of such support system takes years together.

3. Considering that the Government employee.who has disabled child serve as the main care giver of such child, any displacement of such Government employee will have a bearing on the systemic rehabilitation of the disabled child since the new environment/set up could prove to be a hindrance for the rehabilitation process of the child. Therefore, a Government servant who is also a care giver of disabled child may be exempted from the routine exercise of transfer/rotational transfer subject to the administrative constraints. The word ‘disabled’ includes
(i) blindness or low vision
(ii) hearing impairment
(iii) locomotor disability or Cerebral Palsy
(iv) leprosy cured
(v) mental retardation
(vi) mental illness and
(vii) multiple disabilities.

4. Upbringing and rehabilitation of disabled child requires financial support. Making the Government employee to choose voluntary retirement on the pretext of routine transfer/rotation transfer would have adverse impact on the rehabilitation process of the disabled child.

5. This issues with the approval of MoS(PP).

6. All the Ministries/Departments, etc. are requested to bring these instructions to the notice of all concerned under their control.

sd/-
(Debabrata Das)
Under Secretary to the Govt. of India

Holidays to be observed by Central Government offices during 2015

Central Government Administrative Offices located outside Delhi / New Delhi shall observe the following holidays compulsorily in addition to three holidays as per para 
below: 

1. REPUBLIC DAY 
2. INDEPENDENCE DAY 
3. MAHATMA GANDHI'S BIRTHDAY 
4. BUDDHA PURNIMA 
5. CHRISTMAS DAY 
6. DUSSEHRA (VIJAY DASHMI) 
7. DIWALI (DEEPAVALI) 
8. GOOD FRIDAY 
9. GURU NANAK'S BIRTHDAY 
to. IDU'L FITR 
11. IDU'L ZUHA 
12. MAHAVIR JAYANTI 
13. MUHARRAM 
Lt. PROPHET MOHAMMAD'S BIRTHDAY (ID-E-MILAD) 

3.1. In addition to the above 14 Compulsory holidays mentioned in para 2, three holidays shall be decided from the list indicated below by the Central Government Employees Welfare Coordination Committee in the State Capitals, if necessary, in consultation with 
Coordination Committees at other places in the State. The final list applicable uniformly to all Central Government offices within the concerned State shall be notified accordingly and no change can be carried out thereafter. It is also clarified that no change is permissible in regard to festivals and dates as indicated. 

1. AN ADDITIONAL DAY FOR DUSSEHRA 
2. HOLI 
3. JANAMASHTAMI (VAISHNAVI) 
4. RAM NAVAMI 
5. MAHA SHIVRATRI 
6. GANESH CHATURTHI / VINAYAK CHATURTHI 
7. MAKAR SANICARANTI 
8. RATH YATRA 
9. ONAM 
10. PONGAL 
n. SRI PANCHAMI / BASANT PANCHAMI 
12. VISHU/ VAISAKHI / VAISAKHADI / BHAG BIHU / MASHADI UGADI / 
CHAITRA SUKLADI / CHETI CHAND / GUDI PADAVA isT NAVRATRA / 
NAUROZ/CHHATH POOJA/ICARVA CHAUTH.

Child Care Leave Clarification by DoPT: Removal of requirement of minimum period of 15 Days

No.13018/6/2013-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pension
[Department of Personnel & Training]

New Delhi, the 5th June, 2014

OFFICE MEMORANDUM

Subject: Child Care Leave (CCL) in respect of Central Government Employees as a result of Sixth Central Pay Commission recommendations – Clarification – regarding.

The undersigned is directed to refer to this Department’s O.M. No.13018/2/2008-Estt.(L) dated 11/09/2008 regarding introduction of Child Care Leave(CCL) in respect of Central Government employees.

Subsequently, clarifications have been issued vide OMs dated 29.9.2008, 18.11.2008, 02.12.2008 and dated 07.09.2010. Child Care Leave at present is allowed for a minimum period of 15 days. References have been received from various quarters seeking a review of this stipulation.

2. The matter has been considered in consultation with Department of Expenditure, and it has been decided to remove the requirement of minimum period of 15 days’ CCL. There is no change as regards other conditions of this leave.

3. These orders take effect from the date of issue of this Office Memorandum.

4. Hindi version will follow.

sd/-
S.G. Mulchandaney)
Under Secretary to the Government of India

Can the minor penalty be imposed simply considering the reply to the charge sheet issued for imposing a major penalty, without holding a fulfledged departmental inquiry.

The question as to  whether it is obligatory on the part of the Disciplinary Authority to conduct a full fledged departmental inquiry even if, after considering the reply of the delinquent, the authority decides to impose a minor penalty, for which no full fledged departmental inquiry is required., was considered by the Supreme court in the case of  D.H.B.V.N.L. VIDYUT NAGAR, HISAR & OTHERS  V/S  SINGH GULIA.


Yashveer was an employee of Haryana Electricity Board.He was issued a charge sheet for imposing a major penalty. After considering the replies of the employee a minor penalty of stoppage of one  increment without future effect was imposed. An appeal filed by him against the same was dismissed by the appellate authority. Yashvir after ten years filed a civil suit for a declaration that the order imposing minor penalty is illegal and void. The said suit came to be dismissed. An appeal was filed against the said order in the court of District judge.The district judge held that imposition of minor penalty without holding regular departmental inquiry is bad in law and the order of civil judge was set aside and suit was decreed in favour of the employee- Yashvir. Aggrieved by the said order the Board filed an appeal to High Cort of Punjab & Haryana. The high court rejected the appeal holding that the Board should not have imposed the minor punishment without holding full fledged inquiry. Aggrieved by the said order the Board filed an appeal to the Supreme Court.

The Supreme Court after hearing the arguments of both the parties held that the employee was given the opportunity when a charge sheet was issued for imposing major penalty and the Board considering the reply has imposed minor penalty and that no full fledged inquiry is necessary before imposing a minor penalty. The appeal was allowed and the order of the District judge and High Court was set aside.

The above mentioned judgement is available on this blog at serial number 16 in the list  the caption " Recent and Important." the same can be got downloaded, if required.