Age of superannuation of Government servants from 58 years to 59 years and orders

Age of superannuation of Government servants from 58 years to 59 years and orders
 

PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT

G.0.(Ms)No.51

Dated: 07.05.2020

G.O.(Ms)No.532, Personnel and Administrative Reforms (Personnel-M) Department, dated 25.04.1979.

ORDER:

The Government have decided to increase the age of superannuation of Government servants from 58 years to 59 years and orders accordingly. This will apply to all those who are in regular service as on date and due to retire on superannuation from 31.05.2020.

The retirement age of Tamil Nadu state government employees increased from 58 to 59

This order shall also be applicable to all teaching and non-teaching staff working in aided educational institutions and employees of all Constitutional / Statutory Bodies, Public Sector Undertakings including all State Corporations. Local Bodies, Boards. Commissions, Societies, etc.

The relevant provisions under rule 56 of Tamil Nadu Fundamental Rules will be modified to the above extent. Necessary amendment to the above rules will be issued accordingly.

(BY ORDER OF THE GOVERNOR)

K. SHANMUGAM,
CHIEF SECRETARY TO GOVERNMENT

Earned Leave (EL) accumulation by Central Government Employees beyond 300 days?

Earned Leave (EL) accumulation by Central Government Employees beyond 300 days?

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA

UNSTARRED QUESTION NO: 573

ANSWERED ON: 05.02.2020

Accumulation of Earned Leave

Upendra Singh Rawat:
Will the PRIME MINISTER be pleased to state:-

(a) whether the Government is considering any proposal to allow Earned Leave accumulation by Government servants beyond 300 days and discontinue with the practice of lapse of Earned Leave to enable Government servants to avail these leaves in case of medical emergencies;
(b) if so, the details thereof; and
(c) if not, the reasons therefor?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (DR. JITENDRA SINGH)

(a) to (c): No Sir. The existing provisions of the Central Civil Services (Leave) Rules, 1972 with regards to medical emergencies for Government servants, are considered adequate.

Also check: TYPES OF LEAVE ADMISSIBLE: Leave Rules - CCS (Leave) Rules, 1972

UNSTARRED LOKSABHA QUESTION

Court Order - Pension payments to employees who retired from the DOT from 1 October 2000 to 31 July 2001 - BSNL

Court Order - Pension payments to employees who retired from the DOT from 1 October 2000 to 31 July 2001 - BSNL

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 8th January, 2020
Decided on: 24th January, 2020

W.P.(C) 10019/2017 and CM APPL. 40921/2017 (stay)
UNION OF INDIA & ORS ……… Petitioners
Through: Ms. Mrinalini Sen with Ms. Kritika Gupta, Advocates.

versus

ALL INDIA BSNL PENSIONERS WELFARE
ASSOCIATION AND ORS ……… Respondents
Through: Mr. Ranvir Singh, Advocate for R1.
Mr. Naresh Kaushik with Ms. Vibhuti Tyagi and Mr.Tapasvi Raj, Advocates for R4, R9, R10 and R12.

CORAM: JUSTICE S. MURALIDHAR JUSTICE TALWANT SINGH

JUDGMENT

Dr. S. Muralidhar, J

1. The Department of Telecommunications (DOT), Government of India, (Petitioner No.1), the Bharat Sanchar Nigam Limited (BSNL) through its Chairman-cum-Managing Director (Petitioner No.2) and the Department of Pension & Pensioners Welfare ("DPPW"), Ministry of Personnel Public Grievances & Pensions (Petitioner No.3) have jointly filed this petition challenging an order dated 16th December, 2016 of the Central Administrative Tribunal, Principal Bench, New Delhi ("CAT") disposing of OA No. 2173/2014 filed by the Respondent No.1 and Respondents No. 4 to 14 thereby quashing an order dated 15th January, 2003 issued by the DOT in regard to payment of pension to employees who retired from the DOT between 1st October, 2000 and 31st July, 2001 and were subsequently absorbed in the BSNL. OA No. 2173/2014 was filed before the CAT by the All India BSNL Pensioners Welfare Association (hereafter Association) (Respondent No.1 herein) on behalf of 4230 affected pensioners in a representative capacity.

2. By the impugned order, the CAT has held that there was no justification for the DOT to deny the benefit to the Respondents 2 to 14 the benefit of formula adopted in Office Memorandum (OM) dated 18th October, 1999. The CAT has issued a direction to the Petitioners to re-fix the pension of the said Respondents; give them notional benefit of the IDA pay scale and thereafter grant all consequential benefits from the date of their respective dates of retirement in accordance with law.

3. It must be noted at the outset that on 23rd January, 2018 an interim order was passed that no coercive steps will be taken against the Petitioners for implementing the impugned order of the CAT.

4. The facts in brief are that on creation of the BSNL with effect from 1st October, 2000 all serving Group "A" officers were transferred to it on deputation basis. An OM dated 27th October, 1997 was issued by the DPPW on the issue of implementation of the recommendations of the 5th Central Pay Commission ("CPC") regarding revision of the provisions regulating pension/commutation of pension. This provided that pension shall continue to be calculated at 50% of average emoluments in all cases subject to a minimum of Rs.1275/- and maximum upto 50% of the highest pay in the Government.

5. The OM dated 27th October, 1997 further provided that those Government servants who opted for revised scales of pay and retired within ten months from coming into force of the revised scales of pay, basic pay for ten months preceding retirement shall be calculated as under:

• For the period during which pay is drawn in the pre-revised scale
  Basic pay plus DA and Interim Relief I and II appropriate to the basic pay at the rates in force on 01.01.1996 drawn during the relevant period and
• For the period during which pay is drawn in revised scale-Basic pay in the revised scale.

6. The above OM was further revised by an OM dated 17th December, 1998 specifying that pension shall not be less than 50% of the minimum pay in the revised pay scale.

7. Another OM dated 18th October, 1999 was issued by the DPPW modifying the earlier OM dated 27th October, 1997. This stated that the average emoluments for those retiring within ten months of coming over to the revised pay scales would be calculated thus:

“The average emoluments based on the basic pay of the preceding ten months of those Government Servants who had opted to come over to the revised scales of pay and had retired within a period of 10 months reckoned from January 1, 1996 shall be calculated as follows for the purpose of determining their pension entitlement.

(A) For the period during which pay was drawn in the pre- revised pay scales.

The total emoluments for the number of months for which pay was drawn in the pre-revised pay scales shall be calculated after taking into account the following:

i. Basic Pay (including increments if any drawn during the intervening period).
ii. Dearness allowance upto CPI 1510 i.e. @ 148%, III% and 96% of the basic pay as the case may be.
iii. The first and second installments of Interim Relief appropriate to the Basic pay drawn during the relevant period.
iv. Notional increase of the Basic Pay by applying the Fitment Benefit of 40 percent on the Basic pay in the pre-revised pay scale.

(B) For the period during which pay was drawn in the revised pay scales :
The aggregate of the Basic pay for the number of months for which pay was drawn in the revised pay scales.

The average emoluments of the preceding ten months will thereafter be calculated by adding (A) and (B) and dividing the result by 10. Pension admissible will consequently be 50% of the average emoluments so calculated.”

8. According to the Petitioners, the object behind this modification was to eliminate the anomaly in pension drawn by those retiring within ten months of coming over to the revised pay scale during the period from 1st January to 31st October, 1996 and those who retired after completion of ten months period with effect from 1st January,1996.

9. Prior to en masse transfer of DOT employees to the BSNL on deemed deputation basis with effect from 1st October 2000, several rounds of discussions were held with the unions. It was agreed to extend the retirement benefits in the BSNL in accordance with the CCS (Pension) Rules, 1972. This led to insertion of Rule 37A in the CCS (Pension) Rules which came to be published on 30th September, 2000. It provided for the conditions for payment of pension and absorption upon conversion of a Government Department into a Central Autonomous Body („CAB‟) or a Public Sector Undertaking (PSU).

10. The relevant portion of the newly inserted Rule 37A of the CCS (Pension) Rules read as under:

“(4) The permanent absorption of the Government servants as employees of the Public Sector Undertaking or Autonomous Body shall take effect from the date on which their options are accepted by the Government and on and from the date of such acceptance, such employees shall cease to be Government servants and they shall be deemed to have retired from Government service.
(7) The employees including quasi-permanent and temporary employees but excluding causal labourers, who opt for permanent absorption in the Public Sector Undertaking or Autonomous Body, shall on and from date of Absorption, be governed by the rules and regulations or bye-laws of the Public Sector Undertaking or Autonomous Body, as the case may be.
(8) A permanent Government servant who has been absorbed as an employee of a Public Sector Undertaking or Autonomous Body shall be eligible for pensionary benefits on the basis of combined service rendered by him in the Government and in the Public Sector Undertaking or Autonomous Body in accordance with the formula for calculation of pension/family pension under these rules as may be in force at the time of his retirement from the Public Sector Undertaking or Autonomous Body, as the case may be.
(9) The pension of an employee under sub-rule (8) shall be calculated on the basis of his last ten months average pay.
(10) In addition to pension or family pension, as the case may be the employees shall also be eligible to Dearness relief as per Industrial Dearness Allowance pattern.
(21) Nothing contained in sub-rule (12) to (20) shall apply in the case of conversion of the Departments of Telecom Services and Telecom Operations into Bharat Sanchar Nigam Limited in which case the pensioner benefits including family pension shall be paid by the government.
(22) For the purpose of payment of pensionary benefits including family pension referred to in sub-rule (21), the Government shall specify the arrangements and manner including the rate of pensionary contributions to be made by Bharat Sanchar Nigam Limited to the government and the manner in which financial liabilities on this account shall be met.”

11. In other words, Rule 37A provided that those Government servants permanently absorbed in PSU or the CAB would be entitled to pension in the same manner as Central Government employees.

Also check: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020

12. A further round of discussions was held with the unions by the management of BSNL on 2ndJanuary, 2001. It was agreed that options for absorption in the BSNL would be called in January, 2001. It was further mutually agreed that pending fitment in the IDA pay scales Group (C) & (D) optees will continue in the Central Government (CDA) pay scales. They were also to be paid an adhoc amount of Rs. 1,000/- per month with effect from1st October, 2000 which was to be adjusted from IDA emoluments, perks and benefits upon fitment in the IDA scale.

High-Court-Order-Pension-DoT-BSNLDownload

DoPT 2020 - Submission of Immovable Property Return (IPR) for the year 2019 (as on 31.12.2019) by the Officers of CSSS & CSCS

DoPT 2020 - Submission of Immovable Property Return (IPR) for the year 2019 (as on 31.12.2019) by the Officers of CSSS & CSCS

Latest DoPT Orders 2020

No.25/4/2020-CS.II(A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-110 003.
Date: 10.01.2020

OFFICE MEMORANDUM

Subject: Submission of Immovable Property Return (IPR) for the year 2019 (as on 31.12.2019) by the Officers of Central Secretariat Stenographers’ Services (CSSS) & Central Secretariat Clerical Service (CSCS) - regarding.

In terms of Rule 18 of CCS (Conduct) Rules, 1964 and instructions issued by this Department vide OM No,11013/7/2014-Estt,A- III dated 05.01.2016, the Immovable Property Return (IPR) is required to be furnished by all the Government Servants belonging to Group-A, B and C. Accordingly, IPR should be submitted by all the CSCS/ CSSS Officials/ Officers latest by 31.01.2020. CSSS Officers in the grade of Principal Private Secretary (PPS) and above should submit their IPR through Web Based Cadre Management System hosted at cscms.nic.in, A copy of the print out of IPR submitted online should also be signed and submitted to CS.II(A) Section, which is the custodian of Immovable Property Return (IPR) of these Officers. Stenographer Grade-13, Personal Assistants and Private Secretaries of CSSS & Junior Secretariat Assistants and Senior Secretariat Assistants of CSCS will also submit their IPR to their respective Admin./ Vigilance Division.

2. Ministries/ Departments are therefore, requested that the contents of this O.M. may be widely circulated to the notice of all CSCS/ CSSS Officials/ Officers working under their respective control. They should also ensure that the IPR for the year 2019 (as on 31.12.2019) is submitted within the stipulated time by all the CSCS/ CSSS Officials/ Officers. All the officials/officers are informed that non-submission of IPR within the stipulated date, would invite the denial of Vigilance Clearance for Empanelment, Deputation., assignment to training programme (except mandatory training), applying to sensitive posts etc. as the IPR status needs to be checked for the said purpose(s).

3. It is, therefore, requested that all the CSCS/ CSSS Officers may be directed to file their Immovable Property Return (IPR) for the year 2019 (as on 31.12.2.019) well in time, latest by 31.01.2020. IPRs received beyond the stipulated date, shall not be regarded as conforming to the extant guidelines. Filing of IPR has already been started from 01.01.2020 and the “Immovable Property Returns” window has been operative at cscms.nic.in.

4. In case of any doubt/ difficulty about filing the IPR, Shri Sumit Kumar and Shri Batram Yadav, Assistant Section Officer of CS.II Division may be contacted at Telephone No, 2462 0118.

(Dinesh)
Under Secretary to the Govt. of India
E-mail dinesh.d13@gov.in
Phone: 2465 4020

Pay Fixation for Government servants searching transfer from higher post to lower post under FR 15 (a)

Pay Fixation for Government servants searching transfer from higher post to lower post under FR 15 (a)

Government of India
Ministry of Railways
(Railway Board)

RBE No. 161
No. 2019/F(E)II/3/3/1

dated: 30.09.2019

The General Manager
All India Railways and Production Units
(As per standard list)

Sub: Fixation of pay in case of employees who seek transfer to a lower post under FR 15(a) - clarification regarding.

Ref: (i) Letter No. F(E)/II/91/Misc./2 dated 20.08.1999. Op Letter No. F(E)II/ 2009/ FOP/ 1/ Misc. dated 30.11.2009. (iii) Letter No. 2017/F(E)II/3/3/1 dated 06.04.2017.

Also check: 7th Pay Commission Pay Fixation : 7th CPC Pay Fixation with examples

In the letters referred above, mention has been made “of an employee holding a higher post on regular basis and has completed a minimum period of 24 months in that higher post” / “Government Servant holding a post on regular basis.”

In this regard clarification was sought from the Establishment Directorate, who have clarified as follows:-

“ Vide E(NG)’s letter no. E(NG)1-98/CN5/i. dated 02,08.2001 probation period is now 12 months in each grade (non-gazetted staff). Therefore, for the purpose of protection of pay as circulated by F(E)’s instructions on own request transfer from higher post to _lower post, “regular” service will denote 12 months completion of service (i.e, probation period) in the higher post without any adverse action, unless duration of probation has specifically been provided for a particular post in rules ”.

As mentioned further in Establishment Directorate’s clarification, this will not operate to re-open past /settled cases.

Hindi version is enclosed.

Please acknowledge receipt.

Also read: 7th CPC Pay Fixation Method for all Central Government Employees with Illustration

HBA - Central Government employees have a low-interest house construction advance

House Building Advance (HBA)

Central Government employees have a low-interest house construction advance

Finance Minister Nirmala Sitharaman said the lowering of interest rates will encourage more government employees to buy new houses as they were “a major contributor” to the overall demand.

Also Read: 7th Pay Commission House Building Advance

New Measures to Boost Housing Sector

Relaxation of ECB guidelines for Affordable housing

• ECB guidelines will be relaxed to facilitate financing for home buyers who are eligible under the PMAY, in consultation with RBI.
• This is in addition to the existing norms for ECB for affordable housing.

House Building Advance

• The interest rate on House Building Advance shall be lowered and linked with the 10 Year G Sec Yields.
• Government servants contribute to a major component of demand for houses. This will encourage more government servants to buy new houses

Also Check: Clarifications regarding House Building Advance - HBA

Amendment in Central Civit Services (Conduct) Rules, 1964 regarding acceptance of gifts by Government servants

DoPT Orders 2019

F. No. 11013 / 02 / 2019-Estt.A-III

Government of India

Ministry of Personnel, Public Grievances and Pension

Department of Personnel & Training

(Establishment A-III Desk)

North Block, New Delhi – 11001

Dated: 6 August, 2019

OFFICE MEMORANDUM

Subject: Amendment in Central Civit Services (Conduct) Rules, 1964 regarding acceptance of gifts by Government servants.

The undersigned is directed to say that the following rules of Central Civil Services (Conduct) Rules, 1964 prescribing ceiling for receiving gifts by Government servants, have been amended vide G.S.R. No. 531 (E) dated 29.07.2019 (copy enclosed) so as to bring the uniformity in provisions of CCS (Conduct) Rules, 1964, AIS (Conduct) Rules, 1968 and Foreign Contribution (Acceptance or Retention of Gifts or Presentations) Rules, 2012:

Before Amendment	After Amendment
Sub-rule (3) of Rule 13 In any other case, a Government servant shall not accept any gift without the sanction of the Government, if the value exceeds – (i) rupees one thousand Five hundred in the case of Government servants holding any Group A’ or Group B’ post; and (ii) rupees five hundred in the case of Government servant holding any Group ‘C’ or Group ‘D’ posts.	Sub-rule (3) of Rule 13 In any other case, a Government servant shall not accept any gift without the sanction of the Government, if the value exceeds – (i) rupees five thousand in the case of Government servants holding any Group ‘A’ or Group B’ post: and (ii) rupees two thousand in the case of Government servant holding any Group ‘C’ post.
Sub-rule (4) of Rule 13 Notwithstanding anything contained in sub-rule (2) and (3), a Government servant, being a member of India delegation or otherwise, may receive and retain gifts from foreign dignitaries, if the market value of gifts received on one occasion does not exceed rupees one thousand. In all other cases, the acceptance and retention of such gift shall be regulated by the instructions issued by the Government in this regard from time to time.	Sub-rule (4) of Rule 13 Notwithstanding anything contained in sub-rule (21 and (3), a Government servant, being a member of the Indian delegation or otherwise, D&y receive and retain gifts from foreign dignitaries in accordance with the provisions of The Foreign Contribution (Acceptance or Retention of Gifts or Presentation) Rules, 2012, as amended from time to time.

2. All Ministries/ Departments/ Offices are requested to bring the above amendments to the notice of all administrative authorities under their control.

3. Hindi version will follow.

(Satish Kumar)
Under Secretary to the Govt. of India

To
The Secretaries of All Ministries/ Departments
(as per the standard list)

Source: DoPT

Rules for filing IPRs Central Civil Services (Conduct) Rules by all Government servants

Ministry of Personnel, Public Grievances & Pensions
Rules for filing IPRs

18 JUL 2019

In terms of Rule 18 of the Central Civil Services (Conduct) Rules, 1964, Immovable Property Returns (IPRs) are required to be submitted by all Government servants on their first appointment to any service or post and subsequently to be submitted annually. Similar provisions are also available in All India Services (Conduct) Rules, 1968.

Department of Personnel & Training (DoPT) being the cadre controlling authority for Indian Administrative Service (IAS), Central Secretariat Service (CSS) and Central Secretariat Stenographers Service (CSSS) maintains the data in respect of officers belonging to these services. As per information in respect of these officers, IPRs for the year 2018, have not been filed by 52 IAS officers of the level of Joint Secretary & above, 163 CSS officers of the level of Under Secretary & above and 51 CSSS officers of the level of Principal Private Secretary & above.

DoPT, vide O.M. No. 104/33/2005-AVD-I dated 7.09.2011 and O.M. No. 11012/11/2007-Estt.(A) dated 27.09.2011, has prescribed that vigilance clearance shall be denied to the officers of All India Services and Central Civil Services/ Posts for certain purposes if they fail to submit their annual Immovable Property Returns of the previous year latest by 31st January of the following year.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Rajya Sabha today.

PIB

Frequently Asked Questions on Authorised Medical Attendant (AMA)

Frequently Asked Questions on Authorised Medical Attendant (AMA)

Who are covered by CS (MA) Rules?
They shall apply to all Government servants other than (i) these in railway
service and (ii) those of non-Gazetted rank stationed in or passing through Calcutta, whose conditions of service are prescribed by Rules made or demand to be made by the Central Government, when they are on duty, leave or Foreign Service in India or which under suspension.

Who is an AMA?
Authorised Medical Attendant (AMA) is Medical Officer in the employee of Central Government or Private Medical Practitioner appointed/ nominated by the Ministry/Department for providing medical attendance to its employees.

What is the Reimbursement in case of treatment taken under emergency at private hospital?
CS(MA) beneficiaries are being reimbursed as per the prevailing non NABH CGHS as applicable to a CGHS covered city and non-NABH rates applicable
to the nearest CGHS covered city in case of non-CGHS city, as the case may be, or the actual, whichever is less, for treatment undertaken at private hospitals under emergent condition.

What are the hospitals in which CS(MA) beneficiary are entitle for treatment under normal conditions?
CS(MA) beneficiaries and their dependent family members can get treatment from any of the Central Government hospitals/ State Government hospitals/ private hospitals and diagnostic centers recognized under CGHS/ CS(MA) Rules as per provisions.

Can a Central Government Employee gets reimbursement is treatment
undertaken aboard?
Treatment abroad is considered under CS (MA) Rules, 1944, on receipt of application in the prescribed format through the employee’s Ministry/ Department. However, approval depends on the opinion of the standing Committee constituted under these rules.

Reimbursement of rent to Government servants during their temporary stay upto a maximum period of six months

Reimbursement of rent to Government servants during their temporary stay upto a maximum period of six months

No.2/05)2018-E.II(B)
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
Dated: 01 February 2019,

OFFICE MEMORANDUM

Subject: Reimbursement of rent to Government servants during their temporary stay (upto a maximum period of six months) in State Bhavans/Guest Houses/ Departmental Guest Houses run by Central Government/State Governments /Autonomous Organizations etc.

Several references are being received in this Department seeking clarification regarding applicability of instructions contained in this Departments O.M.No.2(25)/2004-E.II(B) dated 15.12.2011 to Central Government officials on their stay in State Bhavans/Guest Houses and also in cases where Central Government off and also stay in Departmental Guest Houses.

2. The matter has been considered in this Department. In supersession of the instructions contained in aforesaid O.M. dated 15.12.2011, it has been decided that tie official on their pasting to the Centre and the Central Government officials on their transfer/posting to a new station; necessitating change of residence if they temporarily stay in State Bhavans/ Guest Houses/Departmental Guest houses run by Central Government / State Government / Autonomous Organizations etc., may be reimbursed the amount of rent paid subject to fulfillment of the following conditions:

(a) The official has applied for accommodation of his entitlement, but has not been allotted residential accommodation by the Government.
(b) The concerned Guest House, should be located at the place of posting of the official.
(c) The official must have stayed in State Bhavans/Guest Houses/Departmental Guest Houses run by Central Government/State Government/Autonomous Organizations etc and submit rent receipts in support of payment of rent.
(d) Reimbursement of rent shall be admissible up to a maximum period of six months.
(e) No House Rent Allowance (HRA) shall be admissible during this period,

These orders shall be effective from the date of issue.

In so far as the persons serving in the India Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller & Auditor General of India.

Hindi version is attached.

(Nirmala Dav)
Deputy Secretary to the Government of India

Reimbursement of Rent to Central Government Servants - Finmin Orders 01.2.2019

Reimbursement of Rent to Central Government Servants - Finmin Orders 01.2.2019

Reimbursement of rent to Government servants during their temporary stay (upto a maximum period of six months) in State Bhavans/Guest Houses/Departmental Guest Houses run by Central Government/State Governments/Autonomous Organizations etc.

No.2/05/2018-E.II(B)
Government of India
Ministry of India
Department of Expenditure

North Block, New Delhi,
Dated, 01st February 2019

Office Memorandum

Subject: Reimbursement of rent to Government servants during their temporary stay (upto a maximum period of six months) in State Bhavans/Guest Houses/Departmental Guest Houses run by Central Government/State Governments/Autonomous Organizations etc.

Several references are being received in this Department seeking clarification regarding applicability of instructions contained in this Department’s O.M. No.2(25)/2004-E.II(B) dated 15.12.2011 to Central Government officials on their stay in State Bhavans/Guest Houses and also in cases where Central Government officials stay in Department Guest Houses.

2. The matter has been considered in this Department. In supersession of the instructions contained in aforesaid O.M. Dated 15.12.2011, it has been decided that the officials on their posting to the Centre and the Central Government Officials on their transfer/posting to a new station, necessitating chages of residence if they temproarily stay in State Bhavans/Guest Houses/Departmental Guest Houses run by Central Government / State Government/Autonomous Organizations etc., may be reimbursed the amount of rent paid subject to fullfillment of the following conditions:

(a) The official has applied for accommodation of his entitlement, but has not been alloted residential accommodation by the Government
(b) The concerned Guest House should be located at the place of posting of the official.
(c) The official must have stayed in State Bhavans/Guest Houses/Departmental Guest Houses run by Central Government / State Government/Autonomous Organizations etc.and submit rent receipt in support of payment of rent.
(d) Reimbursement of rent shall be admissible up to a maximum period of six months.
(e) No House Rent Allowance (HRA) shall be admissible during this period.

3. These orders shall be effective from the dated of issue.

4. In so far the persons serving in the India Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.
Hindi version is attached.

sd/-
(Nirmala Dev)
Deputy Secretary to the Government of India

Source: DoE

General Elections/Bye-elections - Guidelines for the conduct of Government servants

General Elections/Bye-elections - Guidelines for the conduct of Government servants

GUIDELINES FOR GOVT. PERSONNEL REGARDING CONDUCT OF ELECTIONS

Guidelines for the Conducts of Govt. Servants (dt. 06.11.1984).

Election Commission's Letter No. 62/84, dated 6th November, 1984 to Chief Secretaries to State/Union Territories, all Chief Electoral Officers and Ministries of Home Affairs and Law and Justice.

Subject:- General Elections/Bye-elections - Guidelines for the conduct of Government servants.
I am directed to invite your attention to sections 129 and 134 of the Representation of the People Act, 1951, relating to the conduct of Government servants during elections and to say that the Government of India as well as the State Government have been, before conduct of a general election, issuing instructions regarding the conduct of Government servants in relations to an election, stressing that all the Government employees should maintain an attitude of strict impartiality.

2. The Government employees should not only be impartial but should also appear to be so in relation to the elections. They are required to conduct themselves in such a manner as to inspire confidence in the public in regard to their impartiality so that there might not be any occasion for the people to think that the elections would not be held in a free, fair and pure atmosphere. It should be stressed that they should avoid giving room for any suspicion that they are favoring any party or any candidate. They are not expected to take part in any election campaign or canvassing and should take scrupulous care not to lend their names, official position or authority to assist one individual as against another or one group as against another.

3. With particular reference to the tours that the Ministers might undertake on the eve of the elections, it is necessary that while Government Officers should make all the usual arrangements to enable the Ministers to carry out their responsibilities as Ministers, the Government Officers should not themselves organise any election meetings or be present in person during any such meetings except those who may have to be present to the extent necessary for maintaining law and order and making necessary security arrangements.

The question as to whether a public meeting addressed by a Minister is officially sponsored or is held for election propaganda has to be decided by the Minister himself. In the meeting, the arrangement for organising it is to be made on the Minister's behalf unofficially and the expenditure in that connection is to be borne by him or his party.

It is further made clear that a public meeting held on the eve of an election is normally to be considered to be an election meeting and the expenses thereof are not to be borne from public funds. The preservation of law and order at every meeting will, however, be the responsibility of the Government officials responsible for law and order.

4. In this connection I am also to enclose a copy of the Ministry of Home Affairs’ O.M. No. 25/44/49-Ests, dated 10th October 1949, which clarifies the position regarding the participation of Government servants in political activities vis-a-vis the attendance by Government servants at political meetings, for your information. The contents of the said O.M. may also be brought to the notice of all Government servants for their guidance.

5. In the matter of election meetings in a public place, the Government officers should not make any distinction between one political party and another in granting permission to hold such meetings. If more parties than one apply for holding a meeting at any place on the same day and at the same hour, the party which applies first should be given preference.

6. Further your attention is specially invited to the provisions of section 134-A of the Representation of the People Act, 1951, which reads as follows :-
"134-A Penalty for Government Servants for acting as Election Agent, Polling Agent or Counting Agent :
If any person in the service of the Government acts as an election agent or a polling agent or a counting agent of a candidate at an election he shall be punishable with imprisonment for a term which may extend to three months with fine, or with both."

7. In this connection, I am also to forward herewith an extract of rule 5 of the Central Civil Service (Conduct) Rule, 1964, which inter alia prohibits the Government servants from taking part in politics and elections. It is presumed that similar provisions exist in the rules governing the conduct of Government servants of your State.

8. I am, therefore, to request that necessary instructions in the above regard may kindly be issued by the State Governments emphasising upon the Government servants that any disregard of instructions would be considered by the Government as a serious act of indiscipline and that in cases of doubt a Government servant should not hesitate to consult his superior officer.

9. A copy of the instructions issued by the State Government may be forwarded for the Commission's record.

The receipt of this letter may please be acknowledged.
[The Commission's letter No. 62/79, dated the 13th November 1979 is hereby superseded.]

Railway Services (Revised Pay) Rules, 2016 - opportunity for revision of option to come over to revised pay structure

Railway Services (Revised Pay) Rules, 2016 - opportunity for revision of option to come over to revised pay structure

GOVERNMENT OF INDIA (BHARAT SARKAR)
Ministry of Railways (Rail Mantralaya)
(Railway Board)

PC-VII No. 123
File No. PC-VII/2018/RSRP/1
RBE No.19/2018

New Delhi, dated 17.12.2018

The General Managers/CAOs(R),
All Indian Railways & Production Units,
(As per mailing list)

Sub: Railway Services (Revised Pay) Rules, 2016 - opportunity for revision of option to come over to revised pay structure.

Please refer to Rule 5 & 6 af RS(RP) Rules,2016 regarding exercise of option to come over to revised pay structure effective from 01.01.2016 as notified by the RS(RP) Rules,2016. The said option was to be exercised within 3 months of the date of notification i.e. 28.07.2016 of the said Rules. The Rule 6(4) thereof provides that the option once exercised shall be final.

2. In this context, it is stated that Ministry of Finance, Department of Expenditure vide their permitted opportunity to Government Servants to revise their initial option in terms of Rule 5 & 6 of CCS(RP) Rules,2016. These orders issued by Ministry of Finance, Department of Expenditure shall be applicable mutatis mutandis in Railways with respect to RS(RP) Rules, 2016.

3. The 'three months' period mentioned in para 3 of aforesaid OM of Ministry of Finance, Department of Expenditure dated 12.12.2018 shall be three months from the date of issue of these instructions.

4. The matter has also been raised by both recognised Staff Federations AIRF and NFIR.

5. Hindi version will follow.

(Jaya Kumar G)
Deputy Director, PayCommission-VII
Railway Board

Source: NFIR

Departmental proceedings against Government Servants - Procedure for consultation with the Union Public Service Commission : DoPT

Departmental proceedings against Government Servants - Procedure for consultation with the Union Public Service Commission

No. 39011/08/2016-Estt(B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi
Date: 28th December, 2018

OFFICE MEMORANDUM

Subject: Departmental proceedings against Government Servants - Procedure for consultation with the Union Public Service Commission - reg

The undersigned is directed to refer to this Department's OM No. 39011/12/2009-Estt(B) dated 10.05.2010 on the subject mentioned above vide which a Proforma/Checklist was forwarded to all Ministries/Departments for referring disciplinary cases to Union Public Service Commission (UPSC) in terms of Article 320(3) (c) of the Constitution of India read with Regulation 5 of the UPSC (Exemption from Consultation) Regulations, 1958 (as amended from time to time).

2. The Proforma/ Checklist has been revised in consultation with UPSC so as to ensure that there are no shortcomings while sending the requisite information/ documents to the Commission. It is also expected that the complete reference is received in the Commission at least three months prior to the retirement of the charged officer in case of minor penalty proceedings and at least six months prior to retirement in case of major penalty proceedings in order to get advice of the Commission and the implementation thereof. Wherever the time is less than three months/ six months from the retirement of the Government servant, cogent reasons justifying late submission of case to UPSC are also required to be indicated.

3. The modified Proforma/Checklist for forwarding disciplinary cases to the  UPSC is enclosed for guidance! compliance by all concerned.

Encl: As above

(Pramod Kumar Jaiswal)
Under Secretary to the Government of India
Tel. No.: 23093175

Download the PROFORMA / CHECK LIST FOR FORWARDING DISCIPLINARY CASES TO THE UNION PUBLIC SERVICE COMMISSION

NPS to OPS: Proceeding on adoption of Resolution on Abolishing NPS by Delhi Assembly

National Pension System to Old Pension Scheme

Proceeding on adoption of Resolution on Abolishing NPS

Proceeding on adoption of Resolution on Abolishing NPS by Delhi Assembly- एन.पी.एस को समाप्त करने के संकल्प पर दिल्ली विधान सभा की कार्यवाही

LEGISLATIVE ASSEMBLY

NATIONAL CAPITAL TERRITORY OF DELHI
Bulletin Part-I

(Brief summary of proceedings)
Monday, 26 November 2018 / 05 Margshirsha 1940 (Saka)
No. 91
10. 6.51 PM Calling Attention (Rule-54) :
Shri Ajay Dutt called the attention of the Government towards "Abolishing National Pension System (NPS) and reinstate the old Pension System in the interest of lakhs of Government Servants".
Sh. Arvind Kejriwal, Hon'ble Chief Minister made a brief statement.
The following Resolution moved by Sh. Ajay Dutt was put to vote and adopted by voice-vote :
"The Legislative Assembly of NCT of Delhi, having its sitting on 26 November 2018 :
Taking note of the negative consequences of the anti-employee National Pension System (NPS) that is imposed on the Government Servants by the then NDA Government in 2004 and sustained by the UPA-I, UPA-II and NDA-II Governments,
Given the fact that, unlike the old pension scheme, the NPS :

• does not give any guarantee to the employees either for assured returns on investments or for minimum pension.
• does not provide for family pension or social security,
• does not provide for loan facility when in dire need,
• does not provide for annual increments and hike in DA,
• does not allow the employees to withdraw enough money from their own pension fund to meet the medical emergencies,
• leaves the employees at the mercy of volatile markets and the forces that have notoriously been manipulating the markets,
• imposes draconian restrictions on withdrawals from pension fund,
• allows the insurance companies to exploit employees by way of forcing them to buy annuity for a minimum of ten years even after retirement, and
• runs contrary to the spirit of welfare state as enshrined in the Constitution,

Given the fact that the pro-people and welfare oriented Government of NCT of Delhi is strongly in favour of restoring the rights and privileges of its employees by way of replacing the NPS with the time tested old pension scheme,
Resolves to urge upon the Government of India to scrap the NPS with immediate effect and bring at once all the Government Servants working under the Government of NCT of Delhi under the old pension scheme and restore to them all the benefits of the old pension scheme wherein the fair and legitimate pensions’ benefits are disbursed through the Consolidated Fund of India, so that the dedicated work force of the Government of NCT of Delhi and their families will be able to lead their lives with sense of security and dignity, and
Further resolves to urge upon the Government of India to restore t he old pension scheme in place of NPS or the benefit of all the Government Servants working under the Government of India and also to actively encourage other States to follow this true welfare measure"
Source: Delhi Assembly

NPS to OPS: Resolution adopted by Legislative Assembly of NCT of Delhi

NPS to OPS: Resolution adopted by Legislative Assembly of NCT of Delhi

Resolution adopted by the Legislative Assembly of NCT of Delhi - Abolish National Pension System (NPS) and reinstate the old Pension System

NPS to OPS: Resolution adopted by Legislative Assembly of NCT of Delhi
Resolution adopted by the Legislative Assembly of NCT of Delhi - Abolish National Pension System (NPS) and reinstate the old Pension System

LEGISLATIVE ASSEMBLY SECRETARIAT
NATIONAL CAPITAL TERRITORY OF DELHI
Old Secretariat, Delhi - 110054

No.F.22(3)/Resolutions/2015/LAS-VI/Leg./

Dated: /11/2018

To
1. The Hon'ble Minister of Personnel, Public Grievances and Pensions
Government of India
North Block, New Delhi - 110 001
2. The Hon'ble Deputy Chief Minister,
Government of NCT of Delhi
I.P. Estate, New Delhi - 110002

Sub: Resolution adopted by the Legislative Assembly of NCT of Delhi to call the attention of Hon'ble Deputy Chief Minister to abolish National Pension System (NPS) and reinstate the Old Pension System in the interest of lakhs of Government Servants'.

Sir,
The Legislative Assembly of the National Capital Territory of Delhi unanimously adopted the following resolution moved by Shri Ajay Dutt, Hon'ble Member of Legislative Assembly in its sitting held on 26/11/2018:
"The Legislative Assembly in its sitting on 26 November 2018 resolves that:
Taking note of the negative consequences of the anti-employee National Pension System (NPS) that is imposed on the Government Servants by the then NDA Government in 2004 and sustained by the UPA-1, UPA-II and NDA-II Governments,

given that fact that, unlike the old pension scheme, the NPS;
does not give any guarantee to the employee either for assured returns on investments or for minimum pension,
does not provide for family pension or social security,
does not provide for loan facility when in dire need,
does not provide for annual increments and hike in DA,
does not allow the employees to withdraw enough money from their own pension fund to meet their medical emergencies,
leaves the employees at the mercy of volatile markets and the forces that have notoriously being manipulating the markets,
imposes draconian restrictions on withdrawals from pension fund,
allows the insurance companies to exploit employees by way of forcing them to buy annuity for minimum of ten years even after retirement, and
runs contrary to the spirit of welfare state as enshrined in the Constitution.

Given the fact that the pro-people and welfare oriented Government of NCT of Delhi is strongly in favour of restoring the rights and privilleges of its employees by way of replacing the NPS with the time tested old pension scheme.
Resolves to urge upon the Government of India to scrap the NPS with immediate effect and bring at once all the Government Servants working under the Government of NCT of Delhi under the old pension scheme and restore to them all the benefits of the old pension scheme wherein the fair and legislative pensions benefits are disbursed through the Constitutinal Fund of India, so that the dedicated work force of the Government of NCT of Delhi and their families will be able to lead their lives with sense of security and dignity, and further resolves to urge upon the Government of India to restore the old pension scheme in place of NPS or the benefit of all the Government Servants working under the Government of India and also to activity encourage other States to follow this true welfare measure."

Yours sincerely,

(C.Velmurugan)
Secretary (L.A.)

No.F.22(3)/Resolutions/2015/LAS-VI/Leg./2982
Dated: 27.11.2018

Copy for information and necessary action to:
1. Chief Secretary, Govt. of NCT of Delhi, Delhi.
2. Principal Secretary to Lt. Governor, Govt. of NCT of Delhi, Delhi.
3. Principal Secretary (Services), Govt. of NCT of Delhi, Delhi.
4. Additional Secretary to the Chief Minister, Govt. of NCT of Delhi, Delhi.

sd/-
(Shnil Dutt Sharma)
Deputy Secretary (Legislation)

Source: Confederation

DoPT: Promotion of Government servants found fit by review DPC after retirement - procedure and guidelines to be followed

DoPT: Promotion of Government servants found fit by review DPC after retirement - procedure and guidelines to be followed

F. No. 22011/3/2013-Estt. (D)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training

North Block, New Delhi
Dated 15th November, 2018

OFFICE MEMORANDUM

Sub: Promotion of Government servants found fit by review DPC after retirement - procedure and guidelines to be followed

The undersigned is directed to invite reference to this Department's OM of even number dated 25.1.2016 which deals with the grant of notional promotion to a Government servant exonerated in a disciplinary proceedings after retirement. However, the cases of Government servants who are found fit by review DPC after their retirement on account of revision of seniority list of the feeder cadre, upgradation of below benchmark APARs etc. are not covered under the said OM. These cases have now been examined and it has been decided to lay down procedure as narrated in subsequent paragraphs for dealing with such cases.
2. A Government servant who is not recommended in the panel by the original / supplementary DPC but later on is recommended in the panel by a review DPC but has since retired may be given the benefit of notional promotion w.e. f. the date of promotion of his immediate junior in the reviewed panel and fixation of notional pay subject to the fulfillment of the following conditions:

(i) That the officer who is immediate junior to the retired Government servant assumed charge of the higher post on or before the date of superannuation of the retired Government servant.
(ii) That the said retired Government servant was clear from vigilance angle on the date of promotion of his immediate junior.
(iii) A retired Government servant who is considered for notional promotion from the date of promotion of his immediate junior on the recommendation of a review DPC would also be entitled to fixation of pension on the basis of such notional pay.
(iv) The notional promotion, notional pay fixation and revision of pension shall be further subject to extant rules on promotion, pay fixation and CCS (Pension) Rules, 1972, Actual increase in pension shall be given only from the date of approval of reviewed panel by the competent authority. No arrears shall be paid.

3. The provisions contained in this Office Memorandum shall become operational from the date of issue of this Office Memorandum. Past cases settled in accordance with the earlier provision shall not be reopened.
4. In so far as persons serving in the Indian Audit & Accounts Department are concerned, these orders issue after consultation with the Comptroller & Auditor General of India.

(G.Jayanthi)
Joint Secretary (E.I)

To
All Ministries and Departments of Government of India.

Source: DoPT

7th CPC: Travel entitlements of Government employees for the purpose of LTC post Seventh Central Pay Commission

Travel entitlements of Government employees for the purpose of LTC post Seventh Central Pay Commission - clarification reg.

No. 31011/8/2017-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-IV Desk

North Block New Delhi.
Dated October 18, 2018

OFFICE MEMORANDUM

Subject: Travel entitlements of Government employees for the purpose of LTC post Seventh Central Pay Commission - clarification reg.

The undersigned is directed to refer to this Department's O.M.of even no. dated 19.09.2017 on the subject noted above, which inter-alia provides that the travel entitlements of  Government servants for the purpose of LTC shall be the same as TA entitlements as notified vide Ministry of Finance's O.M. No. 19030/1/2017-E.lV dated 13.07.2017, except the air travel  entitlement for Level 6 to Level 8 of the Pay Matrix, which is allowed in respect of TA only and not for LTC.

2. It is observed that many Government employees in Level 6 to Level 8 of the Pay Matrix had inadvertently travelled by air on LTC during the intervening period from 13.07.2017  to 19.09.2017 (i.e. post issue of MoF's O.M. dated 13.07.2017 and before the issue of DoPT's  O.M. dated 19.09.2017) under the impression that they were entitled for air travel as per the  revised TA rules. This Department is in receipt of references from the Government employees  and various Ministries/Departments seeking relaxation in respect of such Government  employees in view of the hardships faced by them in settlement of their LTC claims.

3. The matter has been examined in this Department in consultation with Department of Expenditure. In relaxation to this Department's O.M. of even no. dated 19.09.2017, it has been decided to allow the claims of the Government employees in Level 6 to Level 8 of the Pay Matrix, who had travelled by air as per the revised TA rules while availing LTC during 13.07.2017 to 19.09.2017. This shall be subject to the fulfillment of other conditions of air travel on LTC such as booking of air tickets through the authorised modes, fare limit of LTC-80, etc.

4. Hindi version will follow.

(Surya Narayan Jha)
Under Secretary to the Government of India

To
The Secretaries
All Ministries/Departments of Government of India
(As per the standard list)

Download Circular

Prohibition on bringing any political or outside influence by Govt. servant or by their close relatives

Prohibition on bringing any political or outside influence by Govt. servant or by their close relatives

Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt 110010

No. AN/XIII/13006Nol-XXII

Dated 12.09.2018

To
The PCsDA/CsDA
The PIFAs/IFAs
(Through website)

Subject: Prohibition on bringing any political or outside influence by Govt. servant or by their close relatives in respect of service matters.
Reference: This HQrs letter bearing No. even dated 30.05.2017.

Please refer to the communication cited under reference containing guidelines regarding representation from Government servants on service matters. As per existing instructions, wherever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redressal of a grievance, the proper course for him is to address his immediate official superior, or Head of his office, or such other authority at the appropriate level who is competent to deal with the matter in the organization.

2. However, it has been observed that instances of bringing outside as well as political influence by the official and their close relatives in matters like transfer etc. are on the rise. Such trend has been viewed seriously and the officials concerned may be liable for disciplinary action for such transgression and violation of provisions of CCS (Conduct) Rules, 1964.

3. In this context, attention is also invited to DOP&T OM bearing F.No.11013/08/2013-Est(A-111) dated 31.08.2015.

4. The contents of this communication may be disseminated to all officers/ staff serving in your organization.

(Mustaq Ahmad)
Dy. CGDA(Admin)

Source:cgda.nic.in

Reversion to old pension scheme

Reversion to old pension scheme

Ministry of Personnel, Public Grievances & Pensions
Reversion to old pension scheme

In accordance with the scheme for National Pension System (NPS), as notified vide Ministry of Finance (Department of Economic Affairs)’s Notification No. 5/7/2003-ECB & PR dated 22.12.2003, the System is mandatory for all new recruits to the Central Government service (except armed forces) from 01.01.2004.

Accordingly, as per Rule 2 of the Central Civil Services (Pension) Rules, 1972, as amended on 30.12.2003, these rules are applicable to Government servants appointed to civil posts on or before 31.12.2003. The date on which the vacancies arose or the date on which the examination was conducted for filling up the vacancies is not relevant for deciding the applicability of the Central Civil Services (Pension) rules, 1972.

Ministry of Home Affairs have not sought any advice from Department of Pension and Pensioners Welfare on the question of having a policy to cover the paramilitary personnel appointed after 01.01.2004 under the Old Pension Scheme on the ground that the vacancies arose, or the examination was conducted, in the year 2003. However, a reference was received from Ministry of Home Affairs in a specific case relating to appointments as Sub-Inspector in various Central Para Military Forces after selection in August, 2003 on the basis of an Examination conducted in 2002.

Appointments on the basis of these selections were made in Central Reserve Police Force in 2003 and the candidates appointed were covered by the pension scheme under Central Civil Service (Pension) Rules, 1972. However, in the Border Security Force, offers of appointment on the basis of the same examination/selection were issued in January, 2004.

On a petition filed by some personnel appointed in the Border Security Force on the basis of that examination, Hon’ble High Court of Delhi directed to cover the petitioners under the Central Civil Service (Pension) Rules, 1972 on the grounds of administrative delay on the part of Border Security Force in making appointments.

The order of Hon'ble High Court of Delhi was implemented by the Ministry of Home Affairs/Border Security Force in view of the peculiar circumstances of that case. The decision taken in that case is, however, not relevant for deciding applicability of Central Civil Service (Pension) Rules to all appointments made on or after 01.01.2004 in the Central Para Military Forces or in any other Department/organization on the basis of year of examination/selection.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, DrJitendra Singh in written reply to a question in Rajya Sabha today.

PIB