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

Date up to which enhanced family pension payable: for 7 years or 67 years of age of deceased retired government servant

Date up to which enhanced family pension payable: for 7 years or 67 years of age of deceased retired government servant

Retired government servant

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

DEPARTMENT OF EXPENDITURE

CENTRAL PENSION ACCOUNTING OFFICE

TRIKOOT-II, BHIKAJI CAMA PLACE,

NEW DELHI - 110066

CPAO/IT&Tech/Clarification/13(Vol-Ill)/2018- 19/32

28.05.2018

Office Memorandum

Subject: Date up to which enhanced family pension payable.

Department of Pension & Pensioners Welfare has clarified vide its ID No.1/1(5) 2018-P&PW (E) 32206 dated-12.04.2018 that family pension at enhanced rates will be payable for 7 years or till the deceased retired government servant would have attained the age of 67 years had he survived, whichever is less, irrespective of type of retirement, date of retirement and age of superannuation applicable in the case of retired Govt. servant. This would equally apply in all Central Civil Govt. Departments/ Offices including Central Armed Police Forces (CAPF) and Medical Officers.
This issues with the approval of Chief Controller (Pensions).

(Md. Shahid Kamal Ansari)

(Asstt. Controller of Accounts)

Ph No.011-26103074

Source: CPAO

Date up to which enhanced family pension payable

Date up to which enhanced family pension payable

CPAO

CPAO/IT & Tech/clarification/13(vol-III)/2018-19/32

28-05-2018

Office Memorandum

Subject : Date up to which enhanced family pension payable.

Department of Pension & Pensioners Welfare has clarified vide its ID No.1/1(5)2018-P&PW (E) 32206 dated-12.04.2018 that family pension at enhanced rates will be payable for 7 years or till the deceased retired government servant would have attained the age of 67 years had he survived, whichever is less, irrespective of type of retirement, date of retirement and age of superannuation applicable in the case of retired Govt. servant. This would equally apply in all Central Civil Govt. Departments/ Offices including Central Armed Police Forces (CAPF) and Medical Officers.
This issues with the approval of Chief Controller (Pensions).

S/d,
(Md. Shahid Kamal Ansari)
(Asstt. Controller of Accounts)
Ph No.011-26103074

7th CPC Revision of Remunerations of pre-2016 retired Government Servant engaged in PSUs viz BSNL, MTNL etc

7th CPC Revision of Remunerations of pre-2016 retired Government Servant engaged in PSUs viz BSNL, MTNL etc

File No. 03/11/2016/SEA-I (Pt-I)/Fin
Government of India
Ministry of Communications
Department of Telecommunications
(Finance Branch)

Room No. 717, Sanchar Bhawan,
20, Ashok Road, New Delhi - 110 001
Dated 23 December 2017

OFFICE MEMORANDUM

The undersigned has been directed to convey the Approval of the Competent Authority towards revision of remunerations being paid to, the retired Government servants engaged in Department of Telecommunications(Head Quarters) with effect from 1st January, 2016 as under:

(a) In the case of Government servants retired after 01.01.2016 engaged as consultant:

The consolidated fee/ remunerations for the consultants shall be restricted to an amount equal to the difference between the last basic pay (as per 7th CPC) drawn by the retired officer and basic pension (as per 7th CPC), plus dearness allowance on the difference as applicable to the Central Government Servants from time to time.

(b) In the case of Government servants retired prior to 01.01.2016:

In case of those engaged as consultants in DOT H Qrs. who retired prior to 01.01.2016 i.e. before implementation of 7th CPC, their last pay drawn shall be fixed notionally in accordance with para 4 of DOP&PW OM No.38/37/2016-P&PW(A) dated 12.05.2017 i.e., their last pay may be fixed notionally in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay band A and grade pay at which they retired. The consolidated fee/ remunerations for the consultants shall be restricted to an amount equal to the difference between the last basic pay arrived as above and basic pension (as per 7th CPC), plus dearness allowance on the difference as applicable to the Central Government Servants from time to time.

(c) In the case of retired officers from PSUs viz. BSNL, MTNL etc.

The remunerations of such PSU employees engaged as consultants may be fixed by multiplying both the notional basic pay as per 6th CPC and basic pension of PSU retirees by factor 2.57 and their difference plus Dearness Allowance on the difference as per 7 CPC at the rate applicable to Central Government Servants from time to time or the existing remunerations, whichever is higher.

2. Para 4 of OM No. 3-2/2009-SEA-I dated nil February, 2010 and para 1 (iv) of the approved policy for “Engagement of Consultants” issued vide OM No. 03-10/2014-SEA-I/Fin. Dated 28.02.2015 stands modified to the extent stated in para 1 of this OM w. e. f. 01.01.2016.

3. The nodal sections/wings of DOT HQ will revise the consolidated fee/remunerations in respect of the consultants Working in their wings on the basis of copy of the letter from the Department/Ministry from which they retired (giving details of revision of pension) addressed to CPAO with copy given to pensioners. The remuneration so revised should be got vetted for the first time from IFD before making payment.

4. The above revision of the consolidated fee/ remunerations as per 7th CPC and its implementation will be applicable in respect of consultants engaged in various wings of DOT HQs was well as in CCA Offices.

(Manish K Gupta)
Director (F)

Promotion of Government Servants exonerated after retirement – Procedure and Guidelines to be followed

Promotion of Government Servants exonerated after retirement – Procedure and Guidelines to be followed

No.22011/3/2013-Estt.(D)

Department of Personnel & Training

Establishment (D)

***

Dated: 23.11.2015

Subject:- Promotion of Govt. Servants exonerated after retirement – Procedure and Guidelines to be followed – Regarding.

The Department intends to issue instructions on the subject- “Promotion of Govt. Servants exonerated after retirement – Procedure and Guidelines to be followed”. Draft instructions proposed to be issued are enclosed. Ministries/Departments are requested to offer their comments/views, if any, in this regard latest by 22nd December, 2015 at the e-mail address dire1-dopt@nic.in

(S.K. Prasad)

Under Secretary

No.22011/3/2013-Estt (D)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

North Block, New Delhi .

Dated: 23rd November, 2015

OFFICE MEMORANDUM

Subject:- Promotion of Govt. Servants exonerated after retirement — Procedure and Guidelines to be followed – Regarding.

The undersigned is directed to invite reference to the Department of Personnel and Training Office Memorandum No. 22011/4/91-Estt(A) dated 14th September, 1992 regarding procedure and guidelines to be followed by DPC in respect of Government servants against whom disciplinary/court proceedings are pending or whose conduct is under investigation. In case the Government servant is covered under any of the three conditions as mentioned in Para 2 of OM dated 14.09.1992, the recommendations of the DPC are to be kept in ‘sealed cover’ and subsequent action regarding opening of sealed cover will depend on the outcome of the disciplinary/criminal proceedings.

2. If on conclusion of the disciplinary/ criminal proceedings, the Government servant is exonerated, the procedure prescribed in para 3 of the OM dated 14-9-1992 is to be followed. This provides as under:-

“On the conclusion of the disciplinary case/criminal prosecution which results in dropping of allegations against the Govt. servant, the sealed cover or covers shall be opened. In case the Government servant is completely exonerated the due date of his promotion will be determined with reference to the position assigned to him in the findings kept in the sealed cover/covers and with reference to the date of promotion of his next junior on the basis of such position. The Government servant may be promoted, if necessary, by reverting the junior most officiating person. He may be promoted notionally with reference to the date of promotion of his junior. However, whether the officer concerned will be entitled to any arrears of pay for the period of notional promotion preceding the date of actual promotion, and if so to what extent, will be decided by the appointing authority by taking into consideration all the facts and circumstances of the disciplinary proceedings/criminal prosecution. Where the authority denies arrears of salary or part of it, it will record its reasons for doing so. It is not possible to anticipate and enumerate exhaustively all the circumstances under which such denials of arrears of salary or part of it may become necessary. However, there may be cases where the proceedings, whether disciplinary or criminal, are, for example delayed at the instance of the employee or the clearance in the disciplinary proceedings or acquittal in the criminal proceedings is with benefit of doubt or on account of non-availability of evidence due to the acts attributable to the employee etc. These are only some of the circumstances where such denial can be justified.”

3. The applicability of above provisions in so far as it relates to cases where the Government Servant, who has retired by the time he is exonerated of all the charges has been considered in respect of the following cases:

i. Where the promotion order pertaining to the relevant DPC has been issued and the officers empanelled have assumed charge prior to the date of superannuation of the retired Government Servant; and

ii. The retired Government Servant would have been in service and assumed charge of the post had the disciplinary proceeding not been initiated against him/her.

4. It has been decided in consultation with the Department of Expenditure, Department of Pensions & Pensioners’ Welfare and the Department of Legal Affairs that notional promotion and payment of arrears of pay, if any, for the period of notional promotion till the date of retirement, to such a retired Government servant if found fit on opening of the sealed cover is to be decided by the appointing authority in terms of Para 3 of OM No.22011/4/91-Estt.(A) dated 14/9/1992.

5. A retired Government employee who is considered for notional promotion from the date of promotion of his next junior after opening of the sealed cover would also be entitled to fixation of pension on the basis of such notional pay on his notional promotion.

6. 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 provisions shall not be reopened.

(G. Jayanthi)

Director(E-I)

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/22011_3_2013-Estt.D-23112015.pdf]