DOPT Orders for the month of July 2018
DOPT Orders for the month of July 2018
No Proposal for Removal of Creamy Layer for OBCs
The Government has implemented the ‘creamy layer’ concept in pursuance of the Hon’ble Supreme Court’s order in the case of Indra Sawhney and others etc. vs. Union of India and others [(Civil) No. 930/1990]. At present, there is no proposal in the Ministry of Social Justice and Empowerment for removal of Creamy Layer.
The Government has constituted a Commission on 2nd October, 2017 under article 340 of the Constitution to examine the sub-categorization of Other Backward Classes. The Commission commenced functioning with effect from 11.10.2017 i.e. the date of assumption of charge by the Chairperson. There has been no delay in constituting the panel.
Certain States including Andhra Pradesh and Telangana have introduced sub-categorization within Other Backward Classes reservation quota. The sub-categorization adopted by these States is being studied by the Commission for Other Backward Classes to examine the issues of sub-categorization of Other Backward Classes in the Central List.
This information was given by Minister of State for Social Justice and Empowerment Shri Krishan Pal Gurjar in a written reply in Rajya Sabha today.
Shri Piyush Goyal Approves a New Promotion Policy for Railway Sportspersons
Railway Sportsperson & Coaches will be promoted to the Officer Rank
Union Minister of Railways, Coal, Finance & Corporate Affairs, Shri Piyush Goyal has approved a new policy for promotion of Railway Sportspersons whereby in addition to the sportspersons who won a position/medal in Olympics, all those sportspersons & coaches who have been awarded with Padma Shri will be promoted as officers.
In order to give due recognition to the effort put in by the sportspersons, who have made two appearances in Olympics, won a medal in Asian Games/Common Wealth Games, it has now been decided to award them with a promotion to the officer rank. Further Railway sportsperson who are winners of any of the awards like Arjuna/Rajiv Gandhi Khel Ratna Award would also be entitled to the said promotion.
The contribution of the coaches to the successful performance of sportspersons has been duly acknowledged & any coach whose trainees have produced at least three medal winning performances in Olympic Games / World Cup / World Championship / Asian Games / Commonwealth Games including at least one medal in Olympic Games would be eligible to be promoted as an Officer.
This liberalized promotion policy will act as an incentive to the country’s elite sportspersons/coaches and reaffirms Railways commitment to the promotion of sports in the country.”
In April 2018, during the felicitation function organized by Railway Sports Promotion Board for the medal winners of CWG 2018; at National Rail Museum, Shri Piyush Goyal had announced that Railways would soon come up with a promotion policy to address the legitimate aspirations of the outstanding Railway athletes; whereby not just medals but the effort put in by sportspersons would also be acknowledged. The Minister had also emphasized the role of coaches in producing successful sportspersons.
PIB
Promotion and demotion of SCs and STs
The Supreme Court in Special Leave Petition (Civil) No.30621/2011 has passed the following order on 17.5.2018:-
“It is directed that the pendency of this Special Leave Petition shall not stand in the way of Union of India taking steps for the purpose of promotion from ‘reserved to reserved’ and ‘unreserved to unreserved’ and also in the matter of promotion on merits..”.
Further, in the matter related to Special Leave Petition (Civil) No.31288/2017 connected to Special Leave to Appeal (Civil) No.28306/2017, the Supreme Court held as under on 05.06.2018:-
“Heard learned counsel for the parties, Learned ASG has referred to order dated 17.05.2018 in SLP(C) No.30621/2011. It is made clear that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter. Tag to SLP (C) No.30621 of 2011.”
Based on interim Orders/directions of the Supreme Court dated 17.05.2018 and 05.6.2018, Department of Personnel and Training vide Office Memorandum No. 36012/11/2016- Estt.(Res-I) {Pt-II} dated 15.06.2018 requested all the Ministries/Departments of the Government of India to carry out promotions in accordance with above directions of the Supreme Court on existing seniority / select lists subject to further orders which may be passed by the Supreme Court. The State Governments were advised to take necessary action in accordance with the above-mentioned orders passed by the Supreme Court.
The respective cadre controlling authorities carry out promotions and data on persons promoted, etc. are maintained by them.
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.
Cut-off date for Civil Services Examination
The upper age limit as on 01.08.2018 for Civil Services Examination (CSE) 2018 is 32 years. This upper-age limit is relaxable for reserved category candidates.
As per the guidelines issued by the Department of Personnel & Training (DoP&T) on crucial date for determining age limits for competitive examination conducted in parts by the UPSC/SSC vide OM No. AB.14017/70/87-Estt.(RR) dated 14th JULY, 1988, the cutoff date for Civil Services Examination is decided.
The rule is equally applicable to all the candidates. Therefore the question of being unfair to some does not arise.
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
Performance review for Central Government Employees
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO: 2436
ANSWERED ON: 01.08.2018
Review of Work Performance
VIJAY KUMAR HANSDAK
SUSHIL KUMAR SINGH
HARISH CHANDRA MEENA
HARISH CHANDRA MEENA
Will the Minister of
PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) whether the Government has conducted or proposes to conduct the performance review of Central Government officers;
(b) if so, the details thereof and the number of complaints received by the Government against the Government officers of various departments/Ministries for under performance and delay in work;
(c) the steps taken by the Government to identify such dull officers and the action taken/proposed to be taken against such officers;
(d) whether the Government has decided to evaluate the performance of IAS officers at the higher level on the basis of their approach towards weaker sections of the society and the draft appraisal forms in this regard have been finalised and if so, the details thereof; and
(e) whether a letter has been written to Chief Secretaries of States and UT Governments in this regard and if so, the details thereof and the timeframe fixed for implementing the procedure of appraisal?
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): Review of performance of Government servants is an ongoing process under Fundamental Rule 56(j) and Rule 48 of Central Civil Services (Pension) Rules, 1972, which provide that the performance of a Government servant on attaining a specified age or qualifying years of service is to be reviewed and he/she can be retired in public interest.The instructions on the procedure to be adopted and various aspects to be kept in view while conducting periodical review under provisions of the said rules have been issued from time to time.
As per available information provided by cadre controlling authorities, performance of a total of 25,082 Group ‘A’ and 54,873 Group ‘B’ officers has been reviewed up to May 2018; and provisions of Fundamental Rule 56 (j)/ relevant rules were invoked/ recommended against 93 Group ‘A’ and 132 Group ‘B’ officers out of these.
(d) and (e): Confidential Rolls (CRs) / Performance Appraisal Reports (PARs) of IAS officers are written for each financial year or as may be specified by the Government in the form and as per the schedule prescribed in the All India Services (Performance Appraisal Report) Rules, 2007.The appraisal form of IAS officers, inter alia, provides for comments on the overall quality of officers including areas of strength and his attitude towards weaker sections.
Source : LokSabha
Discontinue Overtime Allowance (OTA) for categories other than operational staff and industrial employee
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO: 2339
ANSWERED ON: 01.08.2018
Discontinuation of OTA
NAGARAJAN P.
CH. MALLA REDDY
Will the Minister of
PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) whether the Government has decided to discontinue Overtime Allowance (OTA) for categories other than operational staff and industrial employees;
(b) if so, the details thereof and the reasons therefor;
(c) whether the grant of OTA proposed to be linked with the biometric attendance and if so, the details thereof;
(d) whether the Government has also decided not to revise the rate of OTA for the operational staff and they would continue to get the amount as per its order issued in 1991; and
(e) if so, the details thereof and 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 (e) : Yes Madam, in pursuance of the recommendations of the 7th Central Pay Commission and given the rise in the pay over the years, the Government has decided to discontinue Overtime Allowance (OTA) for categories other than operational staff and industrial employees who are governed by the statutory provisions. Each Ministry/Department is mandated to prepare the list of “operational staff” in accordance with a common definition as incorporated in the Office Memorandum dated 19.6.2018 (copy enclosed as Annexure). The rate of OTA has not been revised and payment of the same has been linked to biometric attendance.
Source : LokSabha
No alternative for Pay Commission [Loksabha Q&A]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
LOK SABHA
UNSTARRED QUESTION NO: 1652
ANSWERED ON: 27.07.2018
Pay Commission Reports
RAJENDRA AGRAWAL
Will the Minister of
FINANCE be pleased to state:-
(a) whether the reports of successive Pay Commissions have been increasing the burden on Government finances/exchequer in partially accepting their recommendations for increase in wages and if so, the details thereof;
(b) whether the last Pay Commission has suggested productivity linked pay hike to the deserving employees to eliminate below average or mediocre performance and if so, the details thereof;
(c) whether such periodic hikes in wages resulting from Pay Commission recommendations trigger similar demands from the State Government/public utility employees, imposing burden on already strained State finances and if so, the details thereof; and
(d) whether the Government is considering an alternative for increasing the salaries and allowances of Central Government employees and pensioners in future instead of forming Pay Commission and if so, the details thereof?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF FINANCE
(SHRI P. RADHAKRISHNAN)
(a) The financial impact of the recommendations of the Central Pay Commission, as accepted by the Government, is normally pronounced in the initial year and gradually it tapers off as the growth in the economy picks up and fiscal space is widened. While implementing the recommendations of the last Central Pay Commission, i.e., the Seventh Central Pay Commission, the Government staggered its implementation in two financial years. While the recommendations on pay and pension were implemented with effect from 01.01.2016, the recommendations in respect of allowances after an examination by a Committee have been implemented with effect from 01.07.2017. This has moderated the financial impact of the recommendations. Moreover, unlike the previous 6th Pay Commission, which entailed substantial impact on account of arrears, the impact in the year 2016-17 on account of element of arrears of revised pay and pension on the present occasion of the 7th Central Pay Commission pertained to only 2 months of the previous financial year of 2015-16.
(b) The Seventh Central Pay Commission in Para 5.1.46 of its Report proposed withholding of annual increment in the case of those employees who are not able to meet the benchmark either for Modified Assured Career Progression (MACP) or regular promotion within the first 20 years of their service.
(c) The service conditions of employees of State Governments fall within the exclusive domain of the respective State Governments who are federally independent of the Central Government. Therefore, the concerned State Governments have to independently take a view in the matter.
(d) No such proposal is under consideration of the Government.
Cooling off period of one year for re-employment of retired Government officials [Loksabha QA]
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO: 2318
ANSWERED ON: 01.08.2018
Re-Employment of Retired Government Officers
(SMT.) RATNA DE(NAG)
KAMLESH PASWAN
Will the Minister of
PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) whether it is a fact that as per the rules regarding re-employment of retired Government officials, there is a cooling off period of one year;
(b) if so, the details thereof;
(c) whether any check is being made regarding its implementation by all the Ministries especially by the Indian Armed Forces; and
(d) the action being taken by the department to cancel such appointments by private sector companies which are employing retired Government officials immediately after retirement?
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): There is no provision of cooling off period of one year for re-employment of retired Government officials.
(b) & (c): In view of reply to part (a), question does not arise.
(d): As per rules, if, a pensioner who, immediately before his retirement was a Group ‘A’ officer (including officers belonging to All India Services), wishes to accept any commercial employment before the expiry of one year from the date of his retirement, he shall obtain the previous sanction of the Government to such acceptance by submitting an application in the prescribed form. The rules also provide that if such a pensioner takes up any commercial employment at any time before the expiry of one year from the date of his retirement without prior permission of the Government, it shall be competent for the Government to declare that he shall not be entitled to the whole or such part of the pension and for such period as may be specified.
Source ; Loksabh
LTC to visit any place in JK, NER and Andaman and Nicobar Islands against the conversion of their one home town LTC
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO: 2395
ANSWERED ON: 01.08.2018
LTC to Employees
KUNWAR HARIBANSH SINGH
SUDHEER GUPTA
T. RADHAKRISHNAN
GAJANAN CHANDRAKANT KIRTIKAR
VIJAY KUMAR S.R.
S. RAJENDRAN
BIDYUT BARAN MAHATO
Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) whether the Government servants may avail LTC to visit any place in Jammu and Kashmir, North-East Region and Andaman and Nicobar Islands against the conversion of their one home town LTC;
(b) if so, the period for which the said facility will be available;
(c) whether the Government proposes to extend the said facilities after expiry of the completion of said period to boost tourism in such States;
(d) if so, the details thereof and if not, the reasons for the same; and
(e) the steps taken/being taken by the Government to expand such facilities to their employees in other States?
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) & (b) : Yes Madam. All eligible Central Government employees can avail LTC to visit any place in Jammu and Kashmir, North-East Region and Andaman and Nicobar Islands against the conversion of their one home town LTC. The currency period of the said scheme is up to 25th September, 2018.
(c) to (e) : The proposal to extend the present scheme of Home Town LTC conversion to visit any place in Jammu and Kashmir, North-East Region and Andaman and Nicobar Islands is under active consideration of the Government.
There is no proposal to extend such facilities for visit to any other State.
Source : LokSabha