DOPT : Variance in determining notional pay (7th CPC)

DOPT : Variance in determining notional pay (7th CPC)

No.29018/02/2019.AIS-II(Pension)

Government of India,

Ministry of Personnel, P.G. and Pensions

Department of Personnel and Training

AIS-II(Pension)

To,
All Chief Secretaries to the States

Subject: Revision of Pension of pre-2016 pensioners after implementation of seventh Central Pay Commission’s recommendations- anomaly in determining notional pay.

Sir,

I am directed to refer to various communications from State Governments on the above subject and to state that the matter raised in various representations of the pensioners seeking revision of their pension after implementation of 7th CPC recommendations, has been examined in this Department in consultation with Department of Pensions and Pensioner’s Welfare.

2. The basis for the re-fixation of the pension of pre-2016 pensioners are DoPT OM No.14021/4/2016-AIS-Il dated 19th May, 2017 {mutatis-mutandis based on DoP&PW OM dated 38/37/2018-P&PW(A) dated 12th May,2017} and the Concordance Tables issued by DoP&PW vide OM dated 38/37/2018-P&PW(A) dated 6th July,2017.

3. Prior to re-fixation of the pension of pre-2016 pensioners/family pensioners etc., following instructions/pension may be followed:-

(a) Para 4 of the OM dated 12th May, 2017 provides inter alia that the “revised pension/family pension w.e.f 01.01.2016 in respect of all Central Civil pensioners retired prior to 01.01.2016, may be revised by notionally fixing their pay in pay matrix recommended by the 7thCPC in the level corresponding to the pay in the pay scale/pay band and grade pay at which they retired. This will be done by notional pay fixation under each intervening Pay Commission based on the Formula for revision of pay. While fixing pay on notional basis, the pay fixation formulas approved by the Government and other relevant instructions on the subject in force at the relevant time shall be strictly followed. Further, para 7 of the OM provides inter alia that in case of those Government servants who retired or died on or after 01.01.1986 but before 1.1.2016, the actual pay and the pay scale from which they retired or died would be taken into consideration for the purpose of calculation of the notional pay as on 01.01.2016 in accordance with para 4 above.

(b) Accordingly, the pay of pre-2016 pensioners was notionally fixed in relevant cell of pay matrix of 7th CPC as per the formula of pay fixation approved by the Government. The pay of the serving IAS officers (including of Selection Grade officers) is also fixed in relevant cell of Pay Matrix of 7th CPC as per the formula of pay revision from 6th CPC to 7th CPC as approved by the Government. Also, the pay of serving officers who had been promoted on 1.1.2016 in JAG or Selection Grade is first fixed in the relevant cell of Pay Matrix of 7th CPC as per the formula of pay revision approved by the Government. Thereafter, they had to be promoted in next scale and their pay fixed in that level as per IAS Pay Rules 2016, granting them two increment in the promotion level.

(c) The pay of only those officers who were promoted on or after 1.1.2016 is to be fixed in 3rd cell of level-13. The pay of the officers who were already in selection grade i.e. level-13 as on 1.1.2016 is fixed as per the formula of pay revision from 6th to 7th Central Pay Commission(CPC). The notional pay of the officers who had retired before 01.01.2016 has to be similarly fixed. Therefore, the contention of any pensioner that his/her notional pay cannot be in any case less than the lowest level at which the pay of a serving officer of the Selection Grade of IAS can be fixed, is not tenable. Their pay is to be notionally arrived at by the formula of pay revision from 6th CPC to 7th CPC at par with other serving IAS officers.

4. Pension of pre-2016 pensioners/family pensioner may be revised w.e.f 1.1.2016 in accordance with the instructions contained in D/o P&PW OM dated 12.5.2017.

5. Accordingly, the representations of pre-2016 pensioners may be examined by the State Government and the concerned pensioner(s) may be informed.

6. This issues is with the approval of the competent authority.

(Sandeep Kumar Sinha)

Under Secretary to the Government of India

Tele 2309-4714

Government lays down specific timeline for completing enquiry against officers and members of All India Services

Govt lays down specific 'timeline' for completing enquiry against officers and members of All India Services

Government has laid down specific timeline for completing enquiry against officers and members of All India Services (AIS) within a given deadline, in a time-bound manner. Giving details about the DoPT (Department of Personnel & Training) decision, Union Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said that the AIS (D&A) Rules, 1969 have been amended to provide specific timelines at different stages of the enquiry, with a view to complete the disciplinary proceedings against the members of All India Services in a time-bound manner.

As per the amended rules, a time limit of six months has been fixed for completion of departmental enquiry and submission of report. In case it is not possible to complete the enquiry within six months for justifiable reasons to be recorded in writing, additional time limit not exceeding six months at one time can be granted by the Disciplinary Authority, thereby ensuring accountability for completion of enquiry. Further, 30 days’ timeline has been fixed for the delinquent officers to give his representation to the charge-sheet which can be extended to not more than 30 days by the Disciplinary Authority and, in any case, no extension will be provided beyond 90 days. Similarly, a period of 15 days has been provided to send a representation on the advice of UPSC regarding the penalty to be imposed on the delinquent officer and for such representation also, no extension will be provided beyond 45 days.

Dr Jitendra Singh said, this amendment in the All India Service Rules has been brought, in keeping with the spirit of the Union Government led by the Prime Minister Shri Narendra Modi, to bring in more accountability and time-bound completion of every exercise in the course of governance. The new amendment in the Rules, he said, will certainly strengthen the culture of working within deadlines and timelines without showing any slackness.

Meanwhile, Chairperson, Uttar Pradesh State Social Welfare Board (UPSSWB), Dr (Ms) Rupal Agarwal today called on Dr Jitendra Singh and provided her assessment about the performance of the various functionaries in the Board. She also brought to the notice of the Minister acts of omission or commission by certain officials. Dr Jitendra Singh took a note of the different issues raised by Dr Rupal Agarwal. He said, the Central Government accords high priority to programmes relating to upliftment of women, children and poor sections of the society. He also assured her that the issues raised by her will be brought to the notice of the concerned quarters.

Court orders against Government of India instructions on service matters - consultation with Ministry of Law and Department of Personnel and Training on question of filing appeals

F. No. 28027/1/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi - 110001
Dated: December 9, 2016

OFFICE MEMORANDUM

Subject: Court orders against Government of India instructions on service matters - consultation with Ministry of Law and Department of Personnel and Training on question of filing appeals.

The undersigned is directed to refer to this Department's O.M. of even number dated 16.03.2016 (copy enclosed) on the above mentioned subject and to say that the Department of Personnel and Training is the nodal Department that formulates policies on service matters and issues instructions in this regard from time to time. Vide para 4 of the O.M. dated 16.03.2016, it was explained how action on different decisions/orders of the Courts/CAT has to be taken after consulting Department of Legal Affairs and DOP&T.

2. In this regard, it is pertinent to point out here that the Parliament committee on the Welfare of SCs and STs in its report has observed that the above instructions are not being followed stringently by the Ministries/ Departments. The Ministries/Departments are independently fighting out service related cases to the detriment of employees particularly those belonging to the reserved categories. The Committee, therefore, desired that this Department reiterate the standing instructions.

3. In view of the above, all the Ministries/ Departments are once again requested to scrupulously follow the instructions contained in this Department's OM dated 16.03.2016 while taking action on the decisions/orders of the Courts/CAT.

4. Hindi version will follow.

(Mukesh Chaturvedi)
Director (E)
Tel: 23093176

To
Secretaries of all Ministries/ Departments
Click to see the DOPT order

Filling up one post of Regional Director, Southern Region in Staff Selection Commission.

No. 4/2/2016-CS-I(D)
Govt. of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)

Khan Market, Lok Nayak Bhavan,
New Delhi, dated 11th March, 2016.

OFFICE MEMORANDUM

Subject: Filling up one post of Regional Director, Southern Region in Staff Selection Commission.

The undersigned is directed to say that Shri A. Murgaiyan, OS, CSS, Regional Director, SSC has completed his prescribed tenure in SSC under RTP and he will be transferred on selection of his substitute.

2. It is requested that DS/Dir./JS (in-situ) of CSS willing to be considered to the above said post may submit their application in the attached format latest by 28th March, 2016 through proper channel.

3. While forwarding the application, the vigilance status of the officer concerned may also be intimated. It should also be ensured that the data in respect of officer applying for the post is complete in all respects in the web based cadre management system at cscms.nic.in.

4. Substitute in place of selected officer will be provided after his/her relieving.

(Biswajit Banerjee)
Under Secretary to the Government of India
T elefax: 24629413

To
All Ministries/Departments of Govt. of India
Copy for information to:

Staff Selection Commission (Ms. Monika Rai, Under Secretary), Block No.12, CGO Complex, Lodhi Road, New Delhi-110003 w.r.t. their letter No. C-31014/1/2015-Estt.-1 dated 02.03.2016.

PROFORMA

1	Name CSL No.
2	Designation
3	Date of Birth
4	Present Ministry/Department
5	Personal Contact Number
6. Experience (including deputation details):
S.No.	Grade	Ministry/Department	Period	Subject dealt (in brief)
(a)	AssistantiPA
(b)	Section Officer
(c)	Under Secy.
(d)	Dy. Secy.
(e)	Director
(f)	JS(in-situ)

7. Reasons for seeking posting to Staff Selection Commission, Southern Region:


8. Data in respect of the undersigned in the web based cadre management system is complete in all respects.
Date: …………… .

(Signature of the applicant)

DOPT Circular

Scheme for setting up of Gymnasium and augmentation/replacement of equipment of existing Gymnasium in the Ministries/Departments.

Scheme for setting up of Gymnasium and augmentation/replacement of equipment of existing Gymnasium in the Ministries/Departments.

No.145/ 1/2015-16/CCSCSB

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

*******

Lok Nayak Bhawan, New Delhi

Dated:- 30th September, 2015

 OFFICE MEMORANDUM

Sub:-Scheme for setting up of Gymnasium and augmentation/replacement of equipment of existing Gymnasium in the Ministries/Departments.

The undersigned is directed to say that the Department of Personnel & Training has prepared a Scheme for setting up of Gymnasium and augmentation/replacement of equipment of existing Gymnasium in the Ministries/Departments (Copy enclosed).

 

2. It is requested that comments/suggestions if any, may kindly be forwarded to the Department of Personnel & Training by 20th October, 2015.

(Abhay Jain)

Under Secretary to the Govt. of India

 

SCHEME FOR SETTING UP OF GYMNASIUM AND AUGMENTATION/

REPLACEMENT OF EQUIPMENT OF EXISTING GYMNASIUM IN THE

MINISTRIES/ DEPARTMENTS

Background:

With increased involvement of Government in various activities for the benefit of people at large, the workload of Government employees has increased manifold. Their sedentary behaviour can have many detrimental effects including an increased likelihood of developing illnesses. As an employer it is necessary that steps are taken to ensure health and well being of the employees so as to enable them contribute more effectively in the discharge of their official duties. One way to improve the physical fitness of the employees is to invest in a gymnasium at workplace.

 

1.2. Gymnasium at workplace will make it easier for employees to find time to exercise and improve their health and well-being which can have significant impact such as increased productivity. Constant work stress and frustration can lower productivity, so giving employees a convenient means through Fitness programmes such as Gym result in decreased absenteeism and reduced usage of sick leave etc which is beneficial to both the employees and the organisation.

 

1.3. Healthy employees are happy employees. A positive and energetic work force collaborates better and is more appealing to customers, which means investing in gym will improve the functioning and image of an organisation.

2. Scheme:

As a staff welfare measure and considering the above, it has been decided that Grants-in-Aid for setting up of a Gym/augmentation of infrastructure of existing Gym by way of replacement of equipments may be provided to Ministries/Departments of Central Government located in Delhi.

3. Physical Infrastructure and Service Delivery

3.1 The place within the office premises where Gymnasium would be set up must have a carpet area of at least 500 sq ft for 500 employees and 1000 sq ft for 1000 employees. However, Ministries/ Departments may consider lesser area depending on the needs. The place should be clean, well lighted with adequate ventilation. Fans/AC5 for summer should also be installed. The place must also have clean toilet and sanitation facility nearby. There should preferably be adequate space for moving around within the Gym. The safety norms including fire fighting should be strictly adhered to.

 

3.2 The Ministries/ Departments may at its discretion decide on the functioning of the Gym. However, trained and experienced Gym Instructor need to be engaged for guiding the users and teaching them how to use various equipments. The trainer would also instruct on the significance and utility of various equipments installed in the Gym. Remuneration to be paid to instructor may be decided by individual Ministries/Departments. The payment may be made from their own budgetary provision or from the fees to charged from users if any. For women employees a separate time slot should fixed for their exclusive use and a women instructor would need to be engaged.

 

3.3 Purchase of eguipment for setting up of Gym and upgradationl replacement, of existing Gyms:

In case of existing Gym, individual Ministries/Departments may consider up gradation/replacement of the existing equipments. Purchase of equipment etc for setting up Gyms, upgradation/replacement of Gyms equipment should be made strictly in accordance with the provisions of GFR 2005. A period of 5 years is considered appropriate for replacement for equipments.

4. Sustainability and user charges

The use of Gym facilities by employees may be allowed after office hours. The Gym should be run on self-sustaining financial model and Ministry/Department at its discretion can decide on the fee to be charged from the users.

5. Monitoring of Gyms

For effective running of Gyms, individual Ministries/Departments shall monitor the Gyms under them at periodic interval and ensure that all basic elements of the scheme reach the beneficiaries. A Committee under Director/ DS in charge of the Administration having a representative from the women employees requiring Gym facility should be formed for supervision and smooth running of the Gym.

6. Funding pattern:

6.1 Subject to availability of funds, Department of Personnel and Training will provide assistance in the following pattern:

 

CATEGORY	AMOUNT OF GRANT
Ministry/Department having upto 500 employees and space atleast 500 Sq. Ft.	Rs. 5 Lakh
Ministry/Department having atleast 1000 employees and space 1000 Sq. Ft.	Rs. 10 Lakh

 

6.2 The remaining amount for setting up Gyms and for replacement/upgradation will have to be borne by the individual Ministries/Departments. The financial assistance will be provided for non-recurring expenditure on first come first serve basis and will have to be utilized by 31.03.2016. No more funds for non-recurring expenditure will be provided.

7. Procedure for submission of application

Application in the prescribed format with the concurrence of Internal Finance Division may please be forwarded to Secretary, Central Civil Services Cultural & Sports Board, Department of Personnel and Training, 3rd floor, Lok Nayak Bhawan, New Delhi latest by 30th November, 2015 (Annexures- A and B).

8. Conditions for grants

Based on the requests made and after due scrutiny by a Committee constituted for the purpose, grants will be released to the individual Ministries/Departments in a single instalment. Utilization certificate shall be furnished in the form attached at Annexure- C latest by 30th April, 2016.

 

Click here to view DoPT Order with Annexures