Guidelines on framing / amendment/relaxation of Recruitment Rules and Service Rules were

                                        No.AB-14017/61/2008-Estt.(RR)
                                                     Government of India
                                      Ministry of Personnel P.G.& Pensions
                                     Department of Personnel & Trainipg t**
                                             North Block, New Delhi
                                                Dated: 24.09.2014
                                              OFFICE MEMORANDUM


Attention is invited to this Department's O.M. No.AB. 140 17/48/20 10-Estt (RR) dated 31St December, 2010 vide which Guidelines on framing / amendment/relaxation of Recruitment Rules and Service Rules were issued.

2. Department of Personnel & Training, with the approval of thecompetent authority, has decided that henceforth all the Cadre
Controlling Authority of Organized Group 'A' Service, before referring any proposal for framing/amendment in the Service Rules of the Organized
Services, are required to put the proposed amendments/revision in theService Rules on their website for 30 days for inviting comments from
the concerned officers.

3. Thereafter, taking into account the comments so received, theproposal would be sent to DoPT, UPSC and Ministry of Law for
finalisation.

4. All the Cadre Controlling Authorities are, therefore, requested to adhere to these instructions scrupulously. Proposal referred to, this
Department without following the aforesaid procedure, would not be entertained.

                                                                                                 

                                                                                                    (Jitendra *l

Payment of Dearness Allowance to Central Government employees – RevisedRates effective from 1.7.2014

                                                        
                                                                                                                                            Office Memorandum                 18-9-2014              

Subject:  Payment of Dearness Allowance to Central Government employees – RevisedRates effective from 1.7.2014.

     The undersigned is directed to refer to this Ministry’s Office Memorandum No. No. 1/1/2014-E-II (B) Dated: 27th March, 2014 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 100 % to 107 % with effect from 1st July, 2014.

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 installment 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 in consultation with the Comptroller and Auditor General of India.

                                                                                                                                                                                    K.D.Sharma
                                                           Under Secretary to G.O.I.

Grant of Non-Productivity Linked Bonus (ad-hoc bonus) to Central Government Employees for the year 2013-14.

No.7/24/2007/E III (A)

Government of India

Ministry of Finance

Department of Expenditure

E III (A) Branch

New Delhi, the 16th September, 2014

OFFICE MEMORANDUM

Subject :- Grant of Non-Productivity Linked Bonus (ad-hoc bonus) to Central Government Employees for the year 2013-14.

The undersigned is directed to convey the sanction of the President to the grant of Non-Productivity Linked Bonus (Ad-hoc Bonus) equivalent to 30 days emoluments for the accounting year 2013-14 to the Central Government employees in Groups ‘C’ and ‘D’ and all non-gazetted employees in Group ‘B’, who are not covered by any Productivity Linked Bonus Scheme. 

The calculation ceiling for payment of ad-hoc Bonus under these orders shall continue to be monthly emoluments of Rs. 3500/-, as hitherto. The payment of ad-hoc Bonus under these orders will also be admissible to the eligible employees of Central Para Military Forces and Armed Forces. The orders will be deemed to be extended to the employees of Union Territory Administration which follow the Central Government pattern of emoluments and are not covered by any other bonus or ex-gratia scheme.

2. The benefit will be admissible subject to the following terms and conditions:

(i) Only those employees who were in service as on 31.3.2014 and have rendered at least six months of continuous service during the year 2013-14 wIll be eligible for payment under these orders. Prorata payment will be admissible to the eligible employees for period of continuous service during the year from six months to a full year, the eligibility period being taken in terms of number of months of service (rounded off to the nearest number of months).

(ii) The quantum of Non-PLB (ad-hoc bonus) will be worked out on the basis of average emoluments/calculation ceiling whichever is lower. To calculate Non-PLB (Ad-hoc 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 there after be multiplied by the number of days of bonus granted To illustrate, taking the calculation ceiling of monthly emoluments of Rs. 3500 (where actual average emoluments exceed Rs. 3500), Non.PLB (Ad-hoc Bonus) for thirty days would work out to Rs. 3500×30/304=Rs.3453.95 (rounded off to Rs.3454/-).

(iii) The casual labour who have worked in offices following a 6 days week for at least 240 days for each year for 3 years or more (206 days in each year for 3 years or more in the case of offices observing 5 days week), will be eligible for this Non-PLB (Ad-hoc Bonus) Payment. The amount of Non-PLB (ad-hoc bonus) payable will be (Rs.1200×30/30.4 i.e.Rs.1184.21 (rounded off to Rs.1184/-). In cases where the actual emoluments fall below Rs.1200/- p.m., the amount will be calculated on actual monthly emoluments.

(iv) All payments under these orders will be rounded off to the nearest rupee.

(v) The clarificatory orders issued vide this Ministry’s OM No.F.14 (10)—E. Coord/88 dated 4.10.1988, as amended from time to time, would hold good.

3. The expenditure on this account will be debitable to the respective Heads to which the pay and allowances of these employees are debited.

4. The expenditure incurred on account of Non-PLB (Ad-hoc Bonus) is to be met from within the sanctioned budget provision of concerned Ministries/Departments for the current year.

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

sd/-

(Amar Nath Singh)

Deputy Secretary to the Govt. of India

Pensioner and Disciplinary proceedings

A few days back a retired officer had come to me for cosultation. The facts of his case were as under,

" An order was issued by his immediate superior on the date of his retirement stateing that on the basis of conclusions in the the preliminary inquiry, it has been decided to coduct a regular departmental inquiry for the lapses on his  part . Accordingly a regualar charge sheet was served on him after his retirement. However he was granted a provisional pension (and not final pension) and his gratuity was withheld "

The query of the officer was whether it was legally valid to grant only provisional pension and withhold the gratuity only on the basis of conclusions in the preliminary inquiry.In order to find the right answer, the provisions in Rule 27 of M.C.S.(D.& A.) Rules 1982  [Similar provision exists in Rule 9 of  C.C.S.(pension ) Rules 1972.] as well as various judgements on the point in issue were studied in depth. It was found that the Supreme court has held that the disciplinary proceedings stand instituted only when a regular charge sheet is issued to hold  regular departmental proceedings,  . Since no regular charge sheet was issued before the date of retirement, No departmental proceedings were pending on the date of retirement and therefore it would have been appropriate and legal to grant final pension and also the gratuity.

The relevant judgements on the subject have been uploaded on this blog at S.No. 26 in the list under the caption " Disciplinary Proceedings- Important Judgements." Those interested can get them downloaded.