Implementation of Reservation in Promotion for Employees
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.
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.
Clarification on eligibility criteria for appearing in Departmental Examination: Graduate MTS
Controller General of Defence Accounts
Ulan Batar Road, Palam Delhi Cantt.-110010
AN/ XI/11154/ 2017/ Mts-Clk (Graduate)
Date 03.07.2018
To,
ALL PCsDA/ CsDAIFAs / PC of A (Fys)
Sub: Clarification on eligibility criteria for appearing in Departmental Examination: Graduate MTS & Graduate Clerk to Auditor grade exam to be held in August -2018.
References are being received in this HQrs office seeking clarification regarding eligibility criteria for appearing in the Departmental examination for Graduate MTS and Graduate Clerk to the -post of Auditor to be held in the month of Aug-2018. Clarification are also being sought as to whether Stenos/ Driver/Staff other than Graduate MTS &Graduate Clerk are eligible to appear in the said exam.
2. The matter was examined in HQrs office and it is stated that eligibility criteria for the examination for the post of Auditor will be same as stipulated in amendment of Defence Accounts Department (Auditor) Recruitment Rule, 2009, promulgated vide S.R.O No. 23 dated 03rd May 2016 which clearly states 10% by promotion from amongst Graduate Clerk cum typist and Graduate MTS having a minimum of three years of service on passing Departmental Examination by them for the post of Auditor.
As per Public Enterprises Survey 2016-17 laid in Parliament on 13.03.2018, the total number of permanent employees employed in Central Public Sector Enterprises as on 31.03.2017 are 11,30,840 of which Managerial/Executives are 2,65,486. The total number of contract workers engaged by CPSE as on 31.03.2017 stood at 3,38,521.
This information was given by Shri Santosh Kumar Gangwar, Union Minister of State (I/C) for Labour and Employment in written reply to a question in Rajya Sabha today.
In terms of instructions issued by Department of Personnel & Training (DoPT) on transfer/posting of Government employees, all Ministries/Departments of Government of India are required to have their own guidelines for transfer/posting of their employees providing for the following –
minimum tenure;
have a mechanism akin to Civil Services Board for recommending transfer; and
Respective Ministries/Departments are also required to place the transfer policy in public domain.
There is no proposal to formulate single transfer policy for the Government employees as guidelines for transfer/posting of employees depend on the specific requirement of individual Ministries/ Departments. Moreover, the State Public Services are under State List for which the State Governments are competent to make rules and policies. Accordingly, there is no proposal to constitute any commission for single transfer policy for both Central & State employees.
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 Lok Sabha today.
No proposal to review the date of effect of the revised TRCA from 01.01.2016
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS
DEPARTMENT OF POSTS
LOK SABHA
UNSTARRED QUESTION NO. 1334
TO BE ANSWERED ON 25th JULY, 2018
WAGE STRUCTURE OF GDS
1334. DR. THOKCHOM MEINYA:
Will the Minister of COMMUNICATIONS be pleased to state:
(a) whether the Government proposes to review the date of effect of the revised TRCA, admissible DA and other allowances of the Gramin Dak Sevaks (GDS) from 01/01/2016;
(b) if so, the details thereof and if not, the reasons therefor;
(c) whether the Government is contemplating to govern the Gramin Dak Sevaks (GDS) under GDS Employees Conduct & Engagement Rules, 2011 as statutory Rules within Art. 309 of the Constitution of India to safeguard the livelihood of the GDS Employees and if so, the details thereof; and
(d) if not, the reasons therefor and the details of other alternatives, if any, proposed by the Government in this regard?
ANSWER
THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS
(SHRI MANOJ SINHA)
(a) No, Madam. No such proposal is under consideration of Government.
(b) The revised Time Related Continuity Allowance (TRCA) as per the new TRCA matrix have been brought into effect with effect from 01.07.2018 after combining of different TRCA slabs viz 3 (three) hours, 3 ½ (three and half) hours and 3 hours and 45 minutes (three hours and forty five minutes) to four hours, while four and a half hours has been merged with five hours. Since the revised TRCA is based on increased minimum working hours, which takes prospective effect, hence retrospective revision of enhanced working hours is not possible.
(c) & (d) No, Madam. The Gramin Dak Sevaks are holders of civil post, though such posts are outside the regular civil services. GDS are not required to perform duty beyond a maximum period of 5 hours in a day. One of the conditions for engagement as GDS is that they ought to have other sources of income, besides allowances paid by the Government, for adequate means of livelihood for themselves and their family. The livelihood of the GDS is safeguarded under Article 311 (2) of the Constitution of India.
Railway Bonus 2018 – Meeting with AIRF & NFIR on 7th Aug 2018
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No.E(P&A)II-2018/PLB-3
New Delhi, dated: 25.07.2018
The General Secretary
AIRF
4, State Entry Road,
New Delhi-110055.
The General Secretary,
NFIR,
3, Chelmsford Road,
New Delhi-110055.
Subject : Productivity Linked Bonus for the financial year 2017-18 to be paid in the current year 2018.
On the above mentioned subject, a meeting of the Federations (A1RF &. NFIR) With Addl. Member (Staff) and EDPC-I has been fixed for 07.08.2018 03.00 P.M. in the Chamber of Addl. Member (Staff), Room No 401, Raik Bhawan.
President and General Secretary of the Federation of the meeting may kindly make it convenient to attend the meeting.
Will the Minister of COMMUNICATIONS be pleased to state:
(a) whether the Government has approved the revision in the wage structure and allowances of Gramin Dak Sevaks (GDS) recently and if so, the details thereof and if not, the reasons therefor;
(b) whether the Union Government is considering to constitute new pay revision committee for GDS engaged in postal service as per the recommendation made by Kamlesh Chandra Committee; and
(c) the provision being made by the Union Government with regard to revision of salary of GDS as per the recommendation of Finance Commission?
ANSWER
THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS
(SHRI MANOJ SINHA)
(a) Yes, Madam. A summary of recommendations approved by the Government is annexed.
(b) No, Madam.
(c) The system of Gramin Dak Sevaks is unique to Department of Posts, Ministry of Communication. Department of Posts vide it’s resolution number 17-13/2013-GDS dated 19.11.2015 had constituted a One Man Committee under the Chairmanship of Shri Kamlesh Chandra, retired Member, Postal Services Board, to look into the conditions of service, emoluments and other facilities available to Gramin Dak Sevaks. The Committee had submitted it’s report on 24.11.2016. The recommendations of the Committee were examined by the Government and approved to be implemented vide orders dated 25.06.2018 and 27.06.2018. Therefore, there is no such proposal for revision of salary of GDS as per recommendation of Finance Commission
Annexure
Summary of the Implementation of Wage Structure of Gramin Dak Sevaks of Department of Posts
1. One-man committee constituted under the chairmanship of Shri Kamlesh Chandra, Retd. Member, Postal Services Board submitted report on 24.11.2016. The Department has increased the minimum working hours of GDS Post Offices and GDSs to 4 hours from 3. The minimum Time Related Continuity allowance (TRCA) is increased to Rs. 10,000 and Maximum Rs. 35,480/- in a span of 31 stages* with 3% annual increase. The existing 8 categories of GDS are replaced with 2 (two) categories i.e. Branch Postmasters (BPM) and Assistant Branch Postmasters (ABPM). The existing 11 Time Related Continuity Allowance (TRCA) slabs are replaced with two slabs in each category (with 4 hours and 5 hours’ workload) as below:-
2. The Annual increase at the rate of 3% of TRCA once in a year has been implemented (as applicable to serving Central Government servants) against annual increase paid earlier @Rs. 45, 50, 60, 65, 75, 85 for different TRCA slabs.
3. The New TRCA structure and allowances is effected from 01.07.2018. The payment for the period from 01.01.2016 to date of implementation is as following: –
i. TRCA for the period mentioned above will be multiplied by a factor of 2.57.
ii. The difference between the figure thus arrived at and the wages already drawn, to be paid as arrears in one installment.
4. Other Allowances: the following allowances are implemented from 01.07.2018:-
Item
Pre-revised
Revised
Allowances
Office maintenance
allowance (For BPMs only
Rs. 100/- pm
Composite Allowance is proposed as follows (For BPMs only)
BPMs providing Branch Post Office accommodation which meets the prescribed standards – Rs. 500/-
BPMs having BOs at non-standard/rent free accommodation – Rs. 250/-
Fixed Stationary Charge (FSC)
Rs. 25/- pm for BPMs
RS. 10/- pm for other than BPMs
Rs. 25/- ABPMS and Dak Sevaks. FSC subsumed in composite allowance for BPMs
Boat Allowance
Rs. 50/- pm
Boat allowance may be retained @ Rs.115/-.
Cash Conveyance Allowance
Rs. 50/- pm
Payment of Rs. 30/- and Rs. 50/- per occasion plus actual conveyance charges for cash conveyance of an amount less than Rs. 1 Lakh and more than Rs. 1 lakh respectively subject to maximum of charges incurred for transport by public bus
Cycle Maintenance Allowance
Rs. 90/- pm
@ 180/- pm
Combined Duty Allowance
1. GDS Branch Postmasters performing delivery or conveyance duties or both will be paid Rs. 500 P.M. for each item of work separately.
2. If the Branch Postmaster is performing delivery at the BO village only, it will be restricted to Rs. 250 P.M
3. BPM exchanging Mails at Bus stand or at Railway Stations will be compensated at the rate of Rs. 250 P.M.
BPM for delivery OR Mail conveyance work – Rs. 45/- per day subject to maximum of Rs. 1170/- per month
BPM for delivery PLUS mail conveyance – Rs. 90/- per day subject to maximum of Rs. 2340/- per month
ABPM for BPM work – Rs. 75/- per day subject to a maximum of Rs. 1950/- per month.
ABPM/Dak Sevak for additional work of another ABPM/Dak Sevak- Rs. 45/- per day subject to a maximum of Rs. 1170/- These rates will be for combination of duties of two or more posts borne on the establishment of the office
Risk and Hardship Allowance
Nil
Risk and Hardship allowance @ of Rs. 500/- per month to the GDS working in areas which are identified for this allowance.
5. Other social welfare benefits : –
Contribution to Service Discharge Benefit Scheme (SDBS) – based on NPS lite
– increased from Rs. 200/- to Rs. 300/- (for both GDS and Department)
Ex-gratia gratuity – enhanced from Rs. 60,000/- to Rs. 1.5 lakhs.
Severance Amount – enhanced from Rs. 60,000/- to Rs. 1.5 lakhs.
Maternity Leave – 180 days and wages for the period paid from salary head.
The provision of section 13(1)(d)(iii) of the Prevention of Corruption Act, 1988 as it presently exists is as follows:
“13. Criminal misconduct by a public servant.
(1) A public servant is said to commit the offence of criminal misconduct,-
…….
if he,—-
……..
(iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest;…….”
The aforesaid provision does not carry the element of mens rea and thus does not confine such type of corruption to bribing of a public servant or any dishonest behavior by him. This raises apprehensions and fears in the mind of public servant which prima facie have the potential of impeding and slowing down decision making.
The Prevention of Corruption (Amendment) Bill, 2013, for amending the Prevention of Corruption Act, 1988, was introduced in the Rajya Sabha on 19.08.2013. The Bill after having been considered by the Department related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, in its 69th Report and the Law Commission of India in its 254th Report, was also examined by the Select Committee of Rajya Sabha, which submitted its report on the Bill to the Rajya Sabha on 12th August, 2016.
Recommendations made by the Select Committee in its report on the Bill were considered by the Government and official amendments were moved on the Bill as reported by the Select Committee of the Rajya Sabha.
The Bill was taken up for discussion and passed by the Rajya Sabha on 19th July, 2018 during its current 246th Session. Further, it was taken up for discussion and passed by the Lok Sabha on 24th July,2018 during its current 15th Session of the 16th Lok Sabha.
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 Lok Sabha today.
The Government of India has decided to dispense with the interview for recruitment to all Group ‘C’, Group ‘D’ (which are now reclassified as Group ‘C’), Group ‘B’ (non-gazetted) and all equivalent posts from 1st January, 2016 in its Ministries/ Departments/ Attached offices/ Subordinate Office/ Autonomous Bodies/ Public Sector Undertakings. All the advertisement after 01.01.2016 for future vacancies are required to be without interview as part of the recruitment process for such posts.
Further, it has been made clear that since the skill test or physical test is different from interview, such tests may continue. However, these tests are only qualifying in nature.
It has further been decided that in case of specific posts for which any particular Central Ministry/ Department considers interview absolutely essential, clearance of Department of Personnel & Training (DoPT) would be obtained.
Staff Selection Commission, a major central recruitment agency, has discontinued interview for all Competitive Recruitment Examinations w.e.f. 1.1.2016.
State Governments and Union Territories have also come forward and initiated steps for discontinuation of interviews in junior level posts. As per information available so far, 21 States and 7 Union Territories have adopted the policy of discontinuation of interview in lower level posts.
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 Lok Sabha today.
7th CPC Recruitment Rules – All cadre controlling authorities of Organized Group A services are requested to amend the SRs as per DOPT
F.No. AB-14017/13/2016-Estt.(RR) (Part-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Estt.-RR Division
North Block, New Delhi
Dated : 25th July 2018
OFFICE MEMORANDUM
Sub: Seventh Central Pay Commission’s recommendations – revision of pay scales-amendment of Service Rules/Recruitment Rules.
The undersigned is directed to refer to this Department’s OM of even number dated 9th August, 2016 regarding amendment of Service Rules/Recruitment Rules by replacing the existing Pay Band and Grade Pay with the corresponding Level in the Pay Matrix in the revised pay structure recommended by the Seventh CPC and notified in the CCS (Revised Pay) Rules, 2016.
2. In the light of above all cadre controlling authorities of Organized Group A services are hereby requested to amend the SRs as per DOPT OM dated 30.08.2016to bring them inconformity with 7th CPC pay structure. The information in this regard may also be furnished to the undersigned latest by 31st July 2018 in the format enclose
Encl.: As above
(Shukdeo Sah)
Under Secretary to Government of India
