Department of Posts (Multi Tasking Staff) Recruitment (Amendment) Rules, 2019.
F No. 37-33/2009- SPN-I
Ministry of Communications
Department of Posts
Dak Bhawan, Sansad Marg,
New Delhi-110001 Dated 21. 11. 2019
To
1. All Chief Postmaster General
2. All Postmasters General
3. Director, Rafi Ahmed Kidwai National Postal Academy (RAKNPA), Ghaziabad.
Subject: Department of Posts (Multi Tasking Staff) Recruitment (Amendment) Rules, 2019.
Sir,
I am directed to forward herewith a copy of Department of Posts (Multi Tasking Staff) Recruitment (Amendment) Rules, 2019 notified in the Gazette of India, Extraordinary, Part II, Section 3 Sub Section (i) dated 15th November, 2019. The principal notification was published in the Gazette of India, vide number G.S.R. 781 (E), dated 16th August, 2018.
2. It is requested that the above mentioned Recruitment (Amendment) Rules, 2019 may be brought to the notice of all concerned.
MINISTRY OF COMMUNICATIONS (Department of Posts) NOTIFICATION
New Delhi, the 15th November, 2019
G.S.R. 850(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules to amend the Department of Posts (Multi Tasking Staff) Recruitment Rules, 2018, namely:-
1 (1) These rules may be called the Department of Posts (Multi Tasking Staff) Recruitment (Amendment) Rules, 2019.
(2) They shall come into force on the date of their publication in the Official Gazette
2. In the Department of Posts (Multi Tasking Staff) Recruitment Rules, 2018, in the Schedule,
(A) in PART-I, under column (7), for the entries, the following entries shall be substituted, namely:—
“(i) 10th standard pass from a recognised Board;
(ii) knowledge of local language of the concerned Postal Circle or Division. The candidate should have studied local language at least up to 10th standard. The local language of a Postal Circle or Division shall be as published by the Department of Posts;
(iii) no educational qualification is prescribed for direct recruitment of Casual Labourer and Gramin Dak sevak.”;
(B) in PART-II, under column (7), for the entries, the following entries shall be substituted, namely:—
“(i) 10th standard pass from a recognised Board;
(ii) knowledge of local language of the concerned Postal Circle or Division. The candidate should have studied local language at least up to 10th standard_ The local language of a Postal Circle or Division shall be as published by the Department of Posts;
(iii) no educational qualification is prescribed for direct recruitment of Casual Labourer and Gramin Dak Sevak”
[F. No. 37-33/2009-SPN-l]
SATYA NARAYANA DASH, Director (SPN)
Grant of benefits of MACP/ACP Scheme – OA. No. 291/558/2019 titled as Bharu Ram Siklitgar Vs UOI Ors
Court Case/Most Immediate
D.No 1396133/19/CR
No. 430195/2919-Estt.D
Government of India
Ministry of Personnel Public Grievances & Pensions
Department of Personnel & Training
OFFICE MEMORANDUM
North Block, New Delhi,
Dated: 01.11.2019
Sub : OA. No. 291/558/2019 titled as Bharu Ram Siklitgar Vs UOI Ors – grant of benefits of MACP/ACP Scheme- reg.
The undersigned is directed to forward herewith a notice in OA. No. 291/558/2019 titled as Bharu Ram Siklitgar Vs UOI & Ors regarding grant of benefits of MACP/ACP Scheme, received in this Department, before the Hon’ble CAT, Jaipur Bench, for appropriate action. DOPT has been impleaded as Respondent no. 2 and Department of Post has been impleaded as Respondent no. 1in this case
2. This Department’s OM No. 20036/23/ 1988-Estt.(D) dated 06.01.1989 provides that since each case is to be contested on the basis of the specific facts and circumstances relevant to it, the administrative Ministry/Department will be in a better position to defend the case. If, however, any clarification is required on the al interpretation or application of the rules or instructions relevant to the case, the concerned department in the Ministry of Personnel, Public Grievances and Pensions may be approached for that purpose in terms of this Department’s OM dated 28.10.2015. It further provides that the primary responsibility, however, for contesting such cases on behalf of the Government will be that of the administrative Ministry/Department concerned. Further, the Cabinet Secretariat’s D.O. letter No. 1/50/3/2016-Cab dated 16.06.2016 and the Department of Expenditure’s OM No. 7(8)/2012-E-III(A) dated 16.05.2012 inter-alia provide that (i) a common counter reply should be filed before a Court of Law on behalf of the :Union of India by the concerned Administrative Department/Ministry where the petitioner is serving or has last served; and (ii) a unified stand should be adopted instead of bringing out each Department’s/Ministry’s point of view in the said reply. It further provides that it is primarily the responsibility of the Administrative Ministry to ensure that timely action is taken at each stage a Court case goes through and that a unified stand is adopted on behalf of Government of India at every such stage. In no case should the litigation be allowed to prolong to the extent that it results in contempt proceedings.
3. It is the responsibility of the Administrative Organisation/ Department to defend the case where DoPT is a proforma party. So far as this matter is concerned, the Applicant is seeking benefits of MACP Scheme w.e.f. 01.01.2006 which is not admissible as per MACP Scheme 2009. Therefore, the following comments may be incorporated in the counter Affidavit to be filed on behalf of UOI in this matter:-
(i) The matter relating to grant of benefits w.e.f. 1.1.2006 under MACP Scheme to civilian employees is subjudice before the Hon’ble Supreme Court of India in SLP Nos. 10811-10813/2018 in the matter of Union of India Vs. Shri Ranjit Samuel which has been filed by MOD against the order dated 14.02.2017of Hon’ble High Court of Judicature at Madras in Writ Petition Nos. 33946, 34602 and 27798 of 2014, wherein Madras High Court held that the benefit of erstwhile ACP Scheme cannot be negated by bringing a new Scheme i.e. MACP Scheme with retrospective effect. Subsequently, O/o C&AG have also been advised to file SLP against the order of Bombay High Court in a similar matter. This SLP of O/o C&AG and other similar matters have been tagged with SLP No. 10811-10813/ 2018 and are being heard together by the Apex Court.
(ii) Further, the 6th Pay Commission recommended separate Schemes for civilian and the Defence Personnel. After the recommendations were considered and approved by the Cabinet, D/o Expenditure issued Resolution dated 29.08.2008 in respect of civilian employees. M/o Defence issued Resolution dated 30.08.2008 regarding extension of 6th CPC benefits to Armed Forces Personnel. Thus the Civilian and the PBOR personnel are governed by two different Resolutions.
(iii) The recommendations of the 6th CPC were accepted by the Government only on 29.08.2008 (30.08.2008 in case of PBOR). The recommendations of the 6th CPC were required to be examined and a Scheme was to be formulated in consultation with Department of Expenditure and the same took considerable time for its implementation. Before implementation of the Scheme, a cut off date had to be decided/fixed. Accordingly, the Government has taken a conscious decision for implementing the MACPS w.e.f. 01.09.2008. Though the MACPS came into existence only w.e.f. 01.09.2008, the benefits of the existing ACP Scheme of August, 1999, was allowed to the Government servants upto 31.08.2008.
(iv) Changing the effective date of implementation of MACP from 01.09.2008 to 01.01.2006 may be beneficial to certain employees, but this would also place certain other employees at a disadvantage thereby entailing huge recoveries from them. It may be difficult to make recoveries from the employees who have availed higher financial benefit under ACP during 01.01.2006 to 31.08.2008 and retired from service.
(v) The MACP is a condition of service and, hence, cannot be given retrospective effect. It is upto Government to take a conscious decision to implement it uniformly from a certain date.
(vi) It is not feasible to extend the benefits of MACP during 01.01.2006 to 31.08.2008, as more than nine years of time has passed since the implementation of MACP and the issues have been settled as per extant instructions. The change of effective date will lead to surge of litigation particularly from employees who availed the benefits of ACP Scheme during 01.01.2006 to 31.08.2008.
(vii) Vide order dated 14.02.2017, Hon’ble High Court of Judicature at Madras in Writ Petition Nos. 33946, 34602 and 27798 of 2014 has held that the benefit of erstwhile ACP Scheme cannot be negated by bringing a new Scheme i.e. MACP Scheme with retrospective effect.
4. Therefore, in the counter reply to be filed by Department of Posts in the matter, the issue relating to pending SLPs before the Hon’ble Supreme Court as mentioned at para 3 above should be clearly brought out so that the Hon’ble Tribunal can take these into consideration while deciding the matter in 0.A No. 291/558/2019.
5. Department of posts is also requested to update/fill the details of the instant case in www.limbs.gov.in and also ensure the status of the case be monitored and updated
Grant of benefits of MACP Scheme w.e.f. 01.01.2006 to civilian employees and inputs received from DOPT to defend similar cases
No. 2-24/2019-PCC
Government of India
Ministry of Communications
Department of Posts
Dak Bhawan, Sansad Marg,
New Delhi — 110001
Date : 22/11/2019
To
Chief Postmaster General
Rajasthan Circle, Jaipur — 302 007.
Sub :- Hon’ble CAT Jaipur Bench OA No. 291/558/2019 titled as Bharu Ram Siklitgar Vs UOI & Ors. – regarding grant of benefits of MACP Scheme w.e.f. 01.01.2006 to civilian employees.
Sir,
On the above noted subject, I am directed to inform you that this Directorate has received an OA bearing No. 291/558/2019 titled as Bharu Ram Siklitgar Vs UOI & Ors. and your office might be received the same being a respondent in the case.
2. In the instant OA, the applicant has sought for relief for grant of benefit of MACP Scheme with effect from the commencement of 6th CPC i.e. 01.01.2006 instead of 01.09.2008, by quoting the. judgment dated 08.12.2017 of Hon’ble Supreme Court of India in case of Balvir Singh Civil Appeal Diary No. 3744 of 2016.
Three Centralized Employment Notifications (CENs) for around 1.41 lakh vacancies for various Group ‘C’ posts (including Level-1) have been notified in 2018. Against 02 CENs, recruitment is completed and, as on 14.11.2019, panels of around 73,500 candidates have already been supplied to Indenting Railways.
Further, in 2019, another four CENs for around 1.43 lakh additional vacancies have also been notified. Recruitment for 01 CEN is completed and, as on 14.11.2019, panels of 1519 candidates have been furnished to Indenting Railways. Recruitment process for remaining CENs is in progress.
Further, for around 10,000 vacancies of Sub-Inspectors and Constables in Railway Protection Force (RPF)/ Railway Protection Special Force (RPSF), three CENs have been issued in 2018 and recruitment for the same has been completed.
A total of about 2.94 lakh vacancies for various Group ‘C’ posts (including Level-1) have been notified in years 2018 & 2019. Retirement (anticipated) is one of the parameters of vacancy assessment process.
This information was given by the Minister of Railways and Commerce & Industry, Shri Piyush Goyal in a written reply to a question in Rajya Sabha today.
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAJYA SABHA
QUESTION NO 70
ANSWERED ON 22.11.2019
Outsourcing of employees in Railways
70 Ch. Sukhram Singh Yadav
Will the Minister of RAILWAYS be pleased to state :-
(a) whether it is a fact that Railways are conducting an assessment in its Departments to ascertain the places and the number of employees that can be outsourced;
(b) the number of employees working in Railways through outsourcing and the details of social security schemes applicable for benefiting these employees; and
(c) the minimum and maximum salary fixed for outsourced employees in Railways and the actual salary that these employees are getting?
(a) to (c): A Statement is laid on the Table of the House.
*****
STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (c) OF STARRED QUESTION NO. 70 BY CH. SUKHRAM SINGH YADAV ANSWERED IN RAJYA SABHA ON 22.11.2019 REGARDING OUTSOURCING OF EMPLOYEES IN RAILWAYS
(a) No, Sir.
(b) Information in regard to number of employees working in Railways through outsourcing is being collected and will be laid on the Table of the House.
Adherence to Social Security Schemes (i.e EPFO, ESIC etc.) as administered by Ministry of Labour & Employment is being ensured through General Conditions of Contract.
(c) As specified in “General Conditions of Contract” (GCC), Minimum wages are being paid as per the provisions of Minimum Wages Act, 1948.
No proposal to privatise the operations of Railways – Rajya Sabha
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAJYA SABHA
QUESTION NO 68
ANSWERED ON 22.11.2019
Privatization of operation of railways
68 Shri Manas Ranjan Bhunia
Will the Minister of RAILWAYS be pleased to state :-
(a) whether Government has planned to privatize operations of railways in a phased manner including the maintenance of the platforms;
(b) if so, the details on the exact plan of Government; and
(c) the manner in which this plan would be executed?
ANSWER
MINISTER OF RAILWAYS AND COMMERCE & INDUSTRY
(SHRI PIYUSH GOYAL)
(a) to (c): A Statement is laid on the Table of the House.
*****
STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (c) OF STARRED QUESTION NO. 68 BY SHRI MANAS RANJAN BHUNIA ANSWERED IN RAJYA SABHA ON 22.11.2019 REGARDING PRIVATIZATION OF OPERATION OF RAILWAYS
(a) to (c): No, Sir. There is no proposal to privatise the operations of Railways. However, there is a proposal to outsource the commercial and on board services of a few trains and also to permit private players to induct modern rakes to run trains on select routes with an objective to provide improved service delivery to passengers. The responsibility of train operations and safety certification rests with Indian Railways. Outsourcing of certain services like station cleaning, pay and use toilets, retiring rooms, parking and platforms maintenance etc. is being done on need based manner to improve cleanliness and other services.
Enrolling of Ex-Servicemen under Pradhan Mantri Kaushal Vikas Yojana (PMKVY)
Under Pradhan Mantri Kaushal Vikas Yojana (PMKVY) skilling is being imparted through Short Term Training (STT) courses and Recognition of Prior Learning (RPL). STT is being imparted to either school/college dropouts or unemployed youth at accredited and affiliated Training Centres (TCs). Upon successful completion of their assessment, candidates are being offered / provided with placement assistance by Training Providers (TPs). Under RPL, individuals with prior learning experience or skills are being assessed and certified. It aims to align the competencies of the unregulated workforce of the country to the National Skills Qualification Framework (NSQF). Directorate of Indian Army Veterans (DIAV) is the implementing body who is providing placement in support with Army Welfare Placement Organisation (AWPO). The State-wise details of ex-servicemen trained/oriented under PMKVY 2016-20 are as under:
(a) Short term training (STT):
S. No.
State
Enrolled
Trained
Assessed
Certified
Placed
Jharkhand
410
387
347
306
0
Uttar Pradesh
156
156
144
124
0
Uttarakhand
49
0
0
0
0
TOTAL
615
543
491
430
0
(b) Recognition of Prior Learning (RPL):
S. No.
State
Enrolled
Oriented
Assessed
Certified
Andhra Pradesh
1372
1372
1351
1351
Assam
26
26
26
26
Bihar
3386
3347
3147
2336
Delhi
3626
3626
3311
2567
Goa
55
55
26
26
Gujarat
1476
1476
1411
1352
Himachal Pradesh
1829
1786
1747
1350
Jammu and Kashmir
2977
2878
2884
2209
Jharkhand
3321
3321
3168
2404
Karnataka
11058
10894
10447
8899
Kerala
2748
2748
2539
2302
Madhya Pradesh
14645
14053
14262
11224
Maharashtra
9976
9347
9486
8086
Meghalaya
6746
6746
6474
5500
Odisha
1318
1318
1367
1218
Punjab
110
110
109
81
Rajasthan
88
88
88
62
Tamil Nadu
2829
2759
2623
2029
Telangana
3011
3026
2868
2778
Uttar Pradesh
14601
13854
12897
9503
Uttarakhand
7617
7579
7517
6444
West Bengal
74
74
74
54
Grand Total
92889
90483
87822
71801
This information was given by the Minister of State for Skill Development and Entrepreneurship Shri R.K. Singh in a written reply in the Rajya Sabha today.
State Railway Provident Fund interest rate from October 2019 to December 2019
RBE No. 197/2019
GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)
No. F(E)III/2003/PF1/1
New Delhi, Dated : 14.11.2019
The GMs/Principal Financial Advisers,
All Zonal Railways/Production Units etc.,
(As per mailing list)
Subject : State Railway Provident Fund — Rate of interest during the year 2019-20 (October, 2019 — December, 2019).
A copy of Government of India’s Resolution No. 5(2)-B(PD)/2019 dated 21st October, 2019 issued by the Ministry of Finance (Department of Economic Affairs) prescribing interest at the rate of 7.9% (Seven point nine percent) w.e.f. 1st October, 2019 to 31st December, 2019 on accumulations at the credit of the subscribers to State Railway Provident Fund, is enclosed, for information and necessary action.
D.A.: as above
(G. Priya Sudarsani)
Director, Finance (Estt.),
Railway Board.
Clarification on enrollment of the substitutes under National Pension System and commencement of the deduction
RBE No.: 188/2019
GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)
No.D-43/7/2019-F(E)III
New Delhi, dated : 07.11.2019
GMs/FA&CAOs,
All Zonal Railways/Production Units,
(As per mailing list)
Sub : Clarification on enrollment of the substitutes under National Pension System and commencement of the deduction.
********
References and queries are being received in Board’s office seeking clarification whether TADK/Substitutes will be covered by the instructions issued vide Board’s letter No.2004/AC-II/21/1 dated 19.11.2004 after completion of 4 months of continuous service (i.e. on attaining temporary status) and whether they can be enrolled under NPS before completion of mandatory screening test after 03 years or applicable period of service.
2. The issue has been examined in consultation with Establishment Directorate of this office. It is clarified that the instructions issued vide Board’s letter No.2004/AC-II/21/1 dated 19.11.2004 are not applicable in the case of substitutes. since as per the instructions contained in Board’s letter No. E(NG)-11/2008/SB/SR/15 dated 17.09.2010. Substitutes are engaged against a vacant post on regular scales of pay and allowances applicable to the post. Further. in terms of letter ibid, the period of service of substitutes is counted for full pensionary benefits from the date of completion of four months continuous service provided it is followed by absorption in regular service, without any break. Therefore. TADK/Substitutes shall be covered under National Pension System (NPS) after completion of 4 months of continuous service. i.e. on attaining temporary status and accordingly. deduction under NPS would start from the date of their attaining temporary status. This deduction of NPS, would, by itself however. confer no vested right/claim to the TADKs/Substitutes concerned for their eventual regularization/absorption in Railway service.
Admissibility of payment of Extra Work Allowance (erstwhile Rajbhasha Allowance) to Sr. Scale, JA Grade and SA Grade officers entrusted with the administrative control of Hindi work, after completion of the period of one year
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
RBE No. 190/2019
New Delhi, dated 08.11.2019
No. E(P&A)I-2017/SP-1/Gen1-5
The General Managers and Principal Financial Advisers,
All Indian Railways & Production Units.
Sub : Admissibility of payment of Extra Work Allowance (erstwhile Rajbhasha Allowance) to Sr. Scale, JA Grade and SA Grade officers entrusted with the administrative control of Hindi work, after completion of the period of one year.
Ref: Board’s letter No. E(P&A)1-2017/SP-1/Gen1-5 dated 02.01.2018.
*****
The conditions governing the admissibility of Extra Work Allowance (erstwhile Rajbhasha Allowance) to the Sr. Scale, JA Grade and SA Grade officers entrusted with administrative control of Hindi work are enumerated in Board’s orders of even number dated 02.01.2018. References have been received in Board’s Office seeking clarification regarding continuance of same officer as Rajbhasha Adhikari/ Chief Rajbasha Adhikari/ Additional Rajbhasha Adhikari beyond the period of one year in absence of suitable eligible officer to be nominated as such and admissibility of Extra Work Allowance to them in view of the stipulated conditions that an employee shall receive this allowance for a maximum period of one year and that there should be a minimum gap of one year before the same employee is deployed for similar duties again.
2. The matter has been examined in Board’s Office in consultation with Ministry of Finance (Department of Expenditure) and it has been decided that the conditions governing Extra Work Allowance are to be adhered to strictly by all the Railways. In case, however, a suitable replacement is still unavailable for being nominated as Rajbhasha Adhikari/ Chief Rajbhasha Adhikari/ Additional Rajbhasha Adhikari for the second year, the existing incumbent may continue to discharge his duties as Rajbhasha Adhikari/ Chief Rajbhasha Adhikari/ Additional Rajbhasha Adhikari for the second year also, but without payment of Extra Work Allowance. The payment of this Allowance will resume from the 3rd year, if the same officer(s) continue(s) to be nominated as Rajbhasha Adhikari/ Chief Rajbhasha Adhikari/ Additional Rajbhasha Adhikari. Similarly, in case the same employee continues to be entrusted with administrative control of Hindi Work for the 4th year, he will do so without payment of the Extra Work Allowance, which will resume in the 5th year, if the same officer(s) continue(s) to work as Rajbhasha Adhikari/ Chief Rajbhasha Adhikari/ Additional Rajbhasha Adhikari.
3. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.
