No Changes in Dusshera Holiday 2020 – DOPT Clarification
F. No.12/1/2019-JCA2
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
North Block, New Delhi
Dated : 20th December, 2019
OFFICE MEMORANDUM
Subject: Closed Holidays for the year 2020 – Date for Dusshera regarding.
In continuation of this Department’s OM of even number dated 18-6-2019 circulating therewith List of holidays for the year 2020, the undersigned is directed to state that some Central Government Employees Coordination Committees located in different States have sent representations for change in the date of Dusshera (Vijaya Dasami) holiday on 26-10-2020 (Monday) instead of 25-10-2020 (Sunday) in their States.
2, It is hereby informed that the decision of CGEWCCs located in different States, to declare Dussehra as closed holiday for the Central Govt. Offices on 26-10-2020 (Monday), is not in accordance with the holiday policy of the Government of India. However, Restricted Holiday on 26-10-2020 (Monday) for Dussehra (Vijay Dashmi) can be celebrated by the Central Government Offices, as specifically mentioned in DoPT’s OM NO.12/1/2019/JCA 2 dated 18.06.2019, at para 3.1 that “no change of dates is permissible in regard to festivals and dates indicated”.
3. This issues with the approval of the competent authority.
(Juglal Singh)
Deputy Secretary to the Govt. of India
Introduction of Rule 10G in GDS Rules, 2011 amended from time to time
No.19-13/2019-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)
Dak Bhawan, Sansad Marg,
New Delhi – 110001
Dated:18.12.2019
Office Memorandum
Subject: Introduction of Rule 10G (procedure for imposing penalty after discharge) in GDS (Conduct and Engagement) Rules, 2011 amended from time to time.
The undersigned is directed to refer to RuIe 10 of GDS regarding procedure for imposing penalty after discharge of GDS (Conduct and Engagement; Rules, 2011
2. Presently there is no provision in Gramin Dak Sevak (Conduct and Engagementy Rules for departmental proceedings under Rule 10, if not instituted and the Gramin Dak Sevak is discharged from engagement on attaining ofage of 65 years. In the absence of such provision in the Gramin Dak Sevak rules, the Authorities Competent to initiate disciplinary action against the GDS are unable to initiate action and impose penalties in such cases.
3. The matter has been examined and the Competent Authority has approved to introduce a new rule called as Rule tOG (procedure for imposing penalty after discharge) in GDS Conduct and Engagement Rule as under:-
10G – Procedure for disciplinary proceedings after discharge:-
1 (a) The departmental proceedings under RuIe 10, if not instituted and the GDS is discharged on attaining of age of 65 years and his/her terminal benefrts have not been released on the ground that, departmental proceeding under RuIe 10 were proposed to be instituted shall be instituted after the discharge of the Sevak on attaining the age of Sixty Five years and be deemed to be proceedings under that rule and shall be continued and concluded by the authority by which the proceedings were proposed to be instituted and in such case, the function of the Disciplinary Authority shall be only to reach a finding on the charges and to submit a report recording its findings to the President and the final decision on such report shall be taken in the same manner as in the case of review petitions ofthe Sevaks addressed to the President and no departmental appeal shall lie against such decision
(b) Provided that, the departmental proceedings are not instituted while the GDS was in engagement, before his discharge,-
(i) Shall not be instituted save with the sanction of thc president,
(iil Shall not be in respect ofany event which took placc more than four years before such institution, and
(iii) Shall be conducted by such authority and in such place as the President may direct and in accordance with the procedure applicable to departmental proceeding in which an order of dismissal from engagement could be made in relation to the GDS during his/her engagement.
(c) The President reserves to himselfiherself the right of withholding security amount, post-engagement benefits like GDS gratuity and severance Amount of a sevak, by ordering recovery from these amounts in case a sevak is found guilty of grave misconduct or negligence during the period of hisiher engagement.
2. For the purpose of this Rule:-
Departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Gramin Dak Sevak or discharged Gramin Dak Sevak or if the Gramin Dak Sevak has been placed under Put Off Duty from an earlier date, on such dates and
(ii) Judicial proceedings shalt be deemed to be instituted,_
(a) in the case of criminal proceedings, on the date on which the complaint or report of a police officer, of which the Magistrate takes cognizance, is made, and
(b) in the case of civil proceedings, on the date the plaint is presented in the court
4. Hindi version will follow.
(SB Vyavahare)
Assistant Director General (GDS/PCC)
Attention is invited to Railway Board’s letter referred on the above subject extending the validity of the scheme to re-engage retired employees up to 01.12.2019. As requested by different Railways, the issue of further extension of this scheme has since been considered by the Board. It has been decided that this scheme whose present validity expires on 01.12.2019 be considered for extension up to 01.12.2020 with the following conditions:
(i) Powers to re-engage retired employees will be with the General Managers only.
(ii) Railway should give adequate publicity to such re-engagement, including by putting it on Railway websites.
(iii) Retired employees being re-engaged, should not have been covered under the Safety Related Retirement Scheme/ Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff (LARSGESS).
(iv) While re-engaging such staff, medical fitness of the appropriate category should be obtained from the designated authorities as per existing practices.
(v) Suitability/ competency of the staff should be adjudged before such re engagement and the issue of their safety record as well as the safety and other operational requirements as needed are adequately addressed.
(vi) Maximum age limit for which re-engagement shall continue will be 65.
(vii) Monthly remuneration of a retired employee being re-engaged is to be governed in terms of Board’s letter No. E(NG)II / 2007/ RC-4/ CORE/ 1 dated 24.10.2019.
(viii) This scheme is valid up to 01.12.2020.
(ix) Each case should be seen on case to case basis as regards need and merits.
(x) The integrity aspect should also be checked while permitting such re engagement.
2. Since substantial recruitments have taken place in the category of ALPs, Level I, Technician and panels for JE are also expected shortly, this aspect should also be clearly considered while deciding re-engagement.
3. It may also be ensured that no re-engaged retired staff is to be continued beyond 01.12.2020. Railways may make alternative arrangements well in time, keeping this in view.
(M.M. Rai)
Joint Director Estt.(N)II
Railway Board
Grant of Selection Grade to Lift Operators (other than Civil and Electrical Wings) working in the Department of Posts – Fixation of Pay
No. 25-17/2017-PE-I
Government of India
Ministry of Communications
Department of Posts
(PE-I Section)
Dak Bhawan, Sansad Marg,
New Delhi — 110001
Dated: 12th December, 2019
To
All Chief Postmasters General / Postmasters General
Subject : Grant of Selection Grade to Lift Operators (other than Civil and Electrical Wings) working in the Department of Posts – Fixation of Pay – regarding
Sir/Madam,
This is in continuation of this office letter of even number dated 03.05.2019, on the subject mentioned above.
2. In this regard, this is to inform that the Telangana Circle, vide its letter no. ST/Lift Operator/Rigs dated 13.06.2019, requested to supply some clarifications w.r.t. fixation of pay and grant of financial upgradation(s) to the Lift Operators on grant of selection grade after 8 years for implementation of the instructions issued vide this office letter of even number dated 03.05.2019.
3. Therefore, the matter was examined in consultation with the Civil and Electrical Wings of this Department. The Directorate General, CPWD vide its O.M No. 20/30/2007-EC.V dated 29.04.2011 (copy enclosed), had issued instructions regarding fixation of pay of Lift Operators on grant of selection grade after 8 years, and accordingly to these instructions:
“………. the upgradation (as selection grade) from pre -revised pay scales of Rs 3050-4590 to Rs. 4000-6000 would be counted and offset against 1st financial upgradation under Assured Career Progression Scheme and 2nd financial upgradation, if due i.e. prior to 01.09.2008, would be allowed in the pre-revised pay scale of Rs. 4500-7000 (revised to grade pay of Rs. 2800) to the Lift. Operator. After implementation of Modified Assured Career Progression Scheme (MACPS), the Lift Operators would be entitled for 2nd and 3rd financial upgradation w.e.f 01.09.2008 or on completion of 20 and 30 years of continuous regular service, whichever is later, as the case may be in the immediately higher grade pays of Rs. 2800/- and Rs. 4200/- respectively. The Department of Expenditure, M/o Finance has concurred with the views of DOPT vide their I.D. No. 64222/JS (Per)/2011 dated 28th April, 2011.”
4. Thus, the pay of the Lift Operators, working in the administrative control of the Circles, may be fixed as per the aforesaid guidelines of CPWD while granting selection grade/financial upgradations to them.
Encl: as above.
Yours faithfully,
(Harpreet Kaur Manchanda)
Asstt. Director General (PE-I)
No Pension for Govt Employees on Resignation : Imp Supreme Court Judgement
Reportable
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
Civil Appeal No. 9076 of 2019
@SLP (C) No. 6553 of 2018
BSES Yamuna Power Ltd.
…Appellant
Versus
Sh. Ghanshyam Chand Sharma & Anr.
…Respondents
J U D G M E N T
Dr Dhananjaya Y Chandrachud, J
1. By its order dated 26 May 2017 a Division Bench of the High Court of Delhi upheld the judgement of a Single Judge dated 21 March 2017 granting pensionary benefits to the first respondent. The judgement of the Single Judge directed the appellant to pay pensionary benefits to the first respondent on the ground that he had completed twenty years of service and had „voluntarily retired‟ and not ‘resigned‟ from service. The appellant challenges these findings in the present appeal.
2. The first respondent was appointed as a daily rated mazdoor on 9 July 1968. His services were regularised on the post of a Peon on 22 December 1971. The first respondent tendered his resignation on 7 July 1990, which was
accepted by the appellant with effect from 10 July 1990. The first respondent was subsequently denied pensionary benefits by the appellant on two grounds. First, that he had not completed twenty years of service, making him ineligible for the grant of pension. Second, in any case, by resigning, the first respondent had forfeited his past services and therefore could not claim pensionary benefits.
3. The second question of whether by resigning, the first respondent forfeited his past service must be addressed at the outset. If the first respondent‟s resignation resulted in a forfeiture of past service, the question of whether he has completed twenty years of service is rendered irrelevant for such service would stand forfeited. In holding the that the legal effect of the first respondent‟s letter of resignation would amount to “voluntary resignation‟, the Single Judge of the High Court of Delhi relied on the judgement of this Court in Asger Ibrahim Amin v LIC
4. In Asger Ibrahim Amin, the appellant had resigned in 1991 after completing twenty-three years of service with the Life Insurance Corporation of India. When the appellant resigned, there existed no provision allowing for voluntary retirement. The Central Government subsequently promulgated the Life Insurance Corporation of India (Employees) Pension Rules 19952 setting out the conditions to be fulfilled for the grant of pension upon retirement and permitting, for the first time, employees to voluntarily retire after twenty years of service. Under the LIC Pension Rules, pension on retirement was made retrospectively applicable to employees retiring prior to 1995, however, the provisions regarding voluntary retirement were not. The LIC Pension Rules also stipulated that resignation amounted to a forfeiture of past service. In deciding whether the appellant was entitled to pension under the LIC Pension Rules, Justice Vikramajit Sen speaking for a two judge Bench of this Court held:
“16. … [quoting Sheelkumar Jain v New India Assurance Co. Ltd. (2011) 12 SCC 197] The aforesaid authorities would show that the court will have to construe the statutory provisions in each case to find out whether the termination of service of an employee was a termination by way of resignation or a termination by way of voluntary retirement and while construing the statutory provisions, the court will have to keep in mind the purpose of the statutory provisions…
17. The appellant ought not to have been deprived of pension benefits merely because he styled his termination of service as “resignation” or because there was no provision to retire voluntarily at that time. The commendable objective of the Pension Rules is to extend benefits to a class of people to tide over the crisis and vicissitudes of old age, and if there are some inconsistencies between the statutory provisions and the avowed objective of the statute so as to discriminate between the beneficiaries within the class, the end of justice obligates us to palliate the differences between the two and reconcile them as far as possible. We would be failing in our duty, if we go by the letter and not by the laudatory spirit of statutory provisions and the fundamental rights guaranteed under Article 14 of the Constitution of India.”
All Heads of Telecom Circles/
All Heads of Telecom Districts/
Other Administrative Units,
Sub : Grant of Financial Up-gradation of employees under Non-Executive Promotion Policy (NEPP).
Sir,
It has been brought to the notice of this office that many employees have not been granted upgradations under NEPP due to non-holding of DPC, such employees face financial loss in the changing scenario (probably referring to VRS date of 31.01.2020). Accordingly, it has been requested to issue order for holding of DPC for the up-gradation of such employees.
2. The demand has been examined. It has been decided that the process of financial up-gradation of all non-executive employees under NEPP Scheme which may be due up to 31.01.2020 may be processed for the purpose of completion of VRS Scheme smoothly.
3. Further, there may be cases where some of the Time Bound pay up-gradation which already have been processed in the recent past and where employee have opted for fixation in higher pay scale from the date of next increment falling after 31.01.2020. In such a scenario, there will be no issue for those who were not opted for VRS. But those who are opting for VRS may face financial loss (due to the pending fixation of pay beyond 31.01.2020. Such employees of the latter group may raise the issue of being given a fresh option for fixation of pay from the due date of up-gradation. Such employees may be given pay fixation from the due date of up-gradation. (i.e. due date before 31.01.2020).
4. Action on the above cases may be taken early in view of the VRS deadline. Any delay in this matter may be avoided. This issues with the approval of competent authority.
Presently, there is no proposal in the Government to reduce the retirement age of Government employees below 60 years.
There is no such proposal of Golden Voluntary Retirement Scheme under consideration of the Government.
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
No.22-15/2018-S-I (APAR)
Government of India
Ministry of Personnel, Public Grievance & Pensions
Department of Personnel & Training
2nd Floor. A Wing, Lok Nayak Bhawan
Khan Market, New Delhi
Dated the 9th Dec 2019
MEETING NOTICE
As per the timelines for recording of APARs for the FY 2018-19 on ‘SPARROW’ the entire process of recording, reviewing, disclosure etc of the APARs is to be completed by 31st December, 2019. It has been observed from the data available on SPARROW system that a large number of APARs of the officers are still pending at different levels. In order to review the status of APARs and to facilitate the Ministries/ Departments to complete the process by the end of December, 2019. a meeting under the chairpersonship of Joint Secretary (CS) will be held on 12th December, 2019 from 11.00 a.m. to 1.00 p.m. in the Conference Room No.190. North Block.
2. All the Deputy Secretaries/Directors dealing with SPARROW are requested to please make it convenient to attend the meeting as per the time schedule mentioned in Annexure-1 & 2 A status report of APARs of different Ministries/Departments indicating the pendency at different levels is placed in DOPT website for review and identification of difficulties before attending the meeting
(P. B. Sahu)
Under Secretary to the Govt. of India
Compensation and benefits to dependents of security personnel in Jammu and Kashmir
Union Minister of State for Home Affairs, Shri G. Kishan Reddy, in a written reply to a question regarding compensation to dependents of security personnel in Jammu and Kashmir, in Rajya Sabha today, said that 3 security force personnel, including 1 SPO, have lost their lives since 5th August, 2019 till 5th December, 2019 and gave details of admissible benefits given to the next of kin of CAPFs personnel, Army personnel and Jammu and Kashmir Police personnel.
Benefits to the Next of Kin (NoK) of Central Armed Police Forces (CAPFs) personnel who sacrifice their lives in the course of duty:-
(i) Central Ex-gratia: The Central ex-gratia lump-sum compensation has been enhanced with effect from 01/01/2016 from Rs. 15 lakh to Rs. 35 lakh for death on active duty and from Rs. 10 lakh to Rs. 25 lakh for death on duty, as the case may be, to the NoK of the deceased CAPF & AR personnel.
(ii) Extra Ordinary Pension: The NoK of the deceased are entitled to get Liberalized Family Pension (i.e. last pay drawn) under Central Civil Service (Extra Ordinary Pension) Rules,1939.
(iii) Service Benefits: All service benefits viz, Death-cum-Retirement Gratuity (DCRG), Leave Encashment, Central Government Employees Group Insurance Scheme (CGEGIS), General Provident Fund (GPF) etc. are admissible.
(iv) Force Level Welfare Schemes: Each of the force has evolved / set up force level welfare schemes for the employees/ Jawans such as Benevolent Funds, Financial Assistance/Scholarship to the children for education and Financial Assistance for daughter’s/sister’s marriage etc.
(v) Funds from ‘Bharat Ke Veer’: ‘Bharat ke Veer’ is an online portal which enables people to donate voluntarily to the NoKs of CAPF personnel who sacrifice their lives. Such contributions are made directly to the accounts of NoKs online. In addition, funds received in Bharat Ke Veer corpus are also distributed to the NoKs of such personnel.
(vi) ‘Operation Casualty Certificate’: The CAPFs personnel killed in action get ‘Operational Casualty Certificate’ on the line of ‘Battle Casualty Certificate’ as available to Armed Forces. NoKs are entitled to certain benefits viz Air and Rail travel fare concession and allotment of Oil Product Agencies etc on the line of benefits that NoKs of the Defence personnel get on being conferred ‘Battle Casualty Certificate’.
(vii) Prime Minister Scholarship Scheme (PMSS): Under PMSS, an amount Rs.2250/- per month for girls and Rs.2000/- per month for boys is released to the wards of serving / Ex-CAPFs, AR and National Security Guard (NSG) personnel. The amount of Scholarship has now been increased from Rs. 2000/- per month to Rs. 2500/- per month for boys and from Rs.2250/- per month to Rs.3000/- per month for girls from the academic year 2019-2020 onwards.
(viii) Provision of Ex-gratia compensation by the States/UTs: Many States/Union Territories have also made provision to pay compensation /assistance to NoKs as per their rules.
The details of benefits/compensation to Next of Kins (NoKs) of soldiers (Army personnel) (fatal battle casualties)
I. Ex-gratia lump sum compensation from Central Government:-
Death occurring due to accidents in the course of duties –Rs.25.00 lakhs.
Death in the course of duties attributable to acts of violence by terrorists, etc. – Rs.25.00 lakhs
Death occurring during enemy action in war or border skirmishes or in action against militants, terrorist, etc. – Rs. 35.00 lakhs
Death occurring while on duty in the specified high altitude, inaccessible border posts etc on account of natural disasters, extreme weather conditions – Rs.35.00 lakhs
Death occurring during enemy action in international war or such war like engagements specifically notified – Rs.45.00 lakhs.
Additional Ex-gratia for Battle Casualties (BCs) from Army Battle Casualties Welfare Fund – Rs.2.00 lakhs.
II. Details of other monetary benefits entitled to Next of Kin (NoK) of Battle Casualty:
1. Liberalized family pension as applicable to Battle Casualty that is equal to emoluments last drawn by the deceased individual.
2. Death-cum-Retirement Gratuity (DCRG) that is based on length of service rendered and emoluments last drawn by the deceased individual.
3, Army Group Insurance Fund:
a. Officers – Rs.75.00 lakhs
b, JCO/ORs – Rs.40.00 lakhs
4. Army Group Insurance Maturity that is based on the contribution made by the deceased Army personnel.
5 Armed Forces Personnel Provident Fund that is based on the contribution made by the deceased Army personnel.
6. Army Wives Welfare Association Fund: –
a. Officers – Rs.15,000/-
b. JCO/ORs – Rs.15,000/-
7. Army Central Welfare Fund – Rs.2,50,000/-
8. Death Link Insurance Scheme – Rs.60,000/-
III Other Benefits: –
Education Concession Card
Air Travel Concession Card
Telephone Concession
Compassionate appointment as per eligibility and qualification of NoK
The details of compensation being paid to the Next of Kin (NoK) of Jammu and Kashmir Police personnel and SPOs killed in violence/militancy related incidents are as under:-
No. 7(2)/EV/2016
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, the 11th December, 2019
OFFICE MEMORANDUM
Sub: Central Government Employees Group Insurance Scheme-1980 – Tables of Benefits for the savings fund for the period from 01.10.2019 to 31.12.2019.
The Tables of Benefits for Savings Fund to the beneficiaries under the Central Government Employees Group Insurance Scheme-1980, which are being issued on a quarterly basis from 01.01.2017 onwards, as brought out in this Ministry’s OM of even number dated 17.03.2017, for the quarter from 01.10.2019 to 31.12.2019, as worked out by IRDA based on the interest rate of 7.9% per annum (compounded quarterly) as notified by the Department of Economic Affairs as per their Resolution No. 5(2)-B(PD)/2019 dated 21.10.2019, are enclosed.
2. The Tables enclosed are of two categories as per the existing practice. As hitherto, the first Table of Benefits for the savings fund of the scheme is based on the subscription of Rs.10 p.m. from 1.1.1982 to 31.12.1989 and Rs.15 p.m. w.e.f. 1.1.1990 onwards. The second Table of Benefits for savings fund is based on a subscription of Rs.10 p.m. for those employees who had opted out of the revised rate of subscription w.e.f. 1.1.1990.
3. While these orders are in respect of Table of Benefits for the period from 01.10.2019 to 31.12.2019, the Tables already issued for the first quarter, second quarter and third quarter i.e. for the period 01.01.2019 to 30.09.2019 are also reproduced for the sake of convenience and consolidation.
4. In their application to the employees of Indian Audit and Accounts Department, these orders are issued after consultation with the Comptroller & Auditor General of India.
