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CCS Rules, 1965 – Advice of the UPSC to be communicated to the delinquent Government servant – when a penalty is set aside-clarification

Central Civil Services (Classification, Control and Appeal) Rules, 1965 – Advice of the Union Public Service Commission (UPSC) to be communicated to the delinquent Government servant — when a penalty is set aside-clarification

DOPT ORDERS 2016

No.11012/05/2015-Estt (A-III)

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
****

North Block, New Delhi-110 001
Dated : 14th July, 2016

OFFICE MEMORANDUM

Subject: Central Civil Services (Classification, Control and Appeal) Rules, 1965 – Advice of the Union Public Service Commission (UPSC) to be communicated to the delinquent Government servant — when a penalty is set aside-clarification

Undersigned is directed to refer to the Department of Personnel and Training OM No. F. No. 11012/8/2011-Estt.(A) dated the 19 th November, 2014 on the above subject and to say that Hon’ble Supreme Court had in Union Of India & Ors vs S.KKapoor, 2011 (4) SCC 589 decided that where the report of the Union Public Service Commission is relied upon by the Disciplinary Authority, then a copy of the same must be supplied in advance to the concerned employee.

3. Representations received from Government servants asainst penalty in such cases may be dealt with in the following manner. Cases decided before the date of this judgement, i.e., 16th March, 2011 need not be reopened. In cases decided after 16th March, 2011, where a penalty was imposed after relying upon the advice of UPSC, but where a copy of such advice was not given to the Charged Officer before the decision, the penalty may be set aside and inquiry taken up from the stage of supply of copy of the advice of UPSC.

4. In cases where a penalty of dismissal, removal or compulsory retirement has been imposed, the Charged Officer, if he has not reached the age of superannuation, shall be deemed to be under suspension from the date of original penalty as per rule 10(4) of CCS (CCA) Rules, 1965.

5. Cases where the Government servant has retired shall be dealt with as per rule 69 of CCS (Pension) Rules, 1972. In the cases of any other penalties, only the penalty will be set aside, but no consequential benefits like arrears of pay shall be allowed. This will be decided by the Competent Authority after conclusion of the further inquiry. Similarly, in a case where a penalty of recovery has been imposed, if the recovery is being made in
installments, the recovery shall be suspended pending finalisation of the further inquiry. No refund of the recovery already effected will be made. Whether the money already recovered has to be refunded will depend on the decision of the Disciplinary Authority. Where a penalty of withholding of increments has been imposed, if a withheld increment has become due, the same may be released. There is no question of release of any arrears
till finalisation of the proceedings.

6. Hindi Version follows.

(Mukesh Chaturvedi)
Director (E)

Original Copy

Fixation of pay of existing Group ‘D’ employees in the revised pay structure

Fixation of pay of existing Group ‘D’ employees in the revised pay structure

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

PC-VI No. 370

RBE No. 82 /2016

No. PC-VI/2008/113/1

New Delhi, dated: 04.07.2016

The General Manager (P),
All Indian Railways & Production Units
(as per mailing list)

Sub: Fixation of pay of existing Group ‘D’ employees in the revised pay structure – clarification reg.

Consequent upon implementation of recommendations of 6th CPC as accepted by Govt. of India, instructions regarding placement and fixation of pay of Group ‘D’ employees (other than RPF/ RPSF) in Grade pay of Rs. 1800/- in PB-1 (Rs. 5200- 20200) were issued vide Board’s letter of even number dated 29.10.2008 (RBE No. 160/2008). Further clarification/ instructions on the issue were issued vide Board’s letters of even number dated 12.01.2009 & 08.11.2010.

2. On the basis of various references received from Zonal Railways and an Item being raised by NFIR on the issue; the matter has been further examined in consultation with the Ministry of Finance keeping in view the stipulation contained in Note I under Rule 7 (1) of Railway Service (Revised Pay) Rules, 2008 and it has been decided that those non-matriculate/ non-ITI Group ‘D’ employees, who were in service on the date of notification of Railway Service (Revised Pay) Rules, 2008 and retired/ expired or left service within six months of the notification of the Railway Services (Revised Pay) Rules, without being imparted training due to administrative reasons, may be placed in PB-1 with Grade Pay Rs. 1800/-

3. This issues with the concurrence of Finance Directorate of this Ministry.

(M.K.Panda)
Jt. Director, Pay Commission
Railway Board

Original Copy

NC/JCM’s writes to Cabinet Secretary reg. revision of pension

NC/JCM’s writes to Cabinet Secretary reg. revision of pension

National Council (Staff Side)
Joint Consultative Machinery
For Central Government Employees

No.NC/JCM/2016

Dated: July 16,2016

Hon’ble Finance Minister,
Ministry of Finance
(Govt of India )
North Block
New Delhi

Respected Sir,

Sub: Revision of Pension

The issue of acceptance of Option I (or) II was discussed with your good self at the residence of Hon’ble Home Minister (Government of India), Wherein Hon’ble Minister for Railways and Hon’ble MoSR were present, by the Staff Side National Council (JCM). You had categorically agreed on our demand that, no dilution would be made in the options given to the Pensioners by the VII CPC. It is unfortunate that, a rider, “subject to feasibility”, has been imposed in Option I.

Sir, this is very unfair and we will appreciate if you kindly get the sentence “subject to feasibility” removed from that para to keep your promise also. It should be left to the Pensioners that whatsoever option they want to choose, they should be allowed to Opt. The argument of non-availability of record is misleading and should not be given any cognizance because PPOs of the Pensioners are the base record and is available with the organizations concerned.

We earnestly seek your urgent intervention in this regard to avoid unnecessary hardship to millions of Pensioners.

With Kind Regards!

Sincerely yours,

(SHIVA GOPAL MISHRA)
Secretary(Staff Side)

Source: http://ncjcmstaffside.com/

7th Pay Commission ready reckoner for Pay Band I

7th Pay Commission ready reckoner for Pay Band I

Pay Band I  5200-20200

GP

1800

1900

2000

2400

2800

EP

7000

7730

8460

9910

11360

Level

1

2

3

4

5

Index

Existing Basic Pay

7th CPC Basic

Existing Basic Pay

7th CPC Basic

Existing Basic Pay

7th CPC Basic

Existing Basic Pay

7th CPC Basic

Existing Basic Pay

7th CPC Basic

From

To

From

To

From

To

From

To

From

To

1

0

7000

18000

0

7740

19900

0

8450

21700

0

9920

25500

0

11360

29200

2

7010

7190

18500

7750

7970

20500

8460

8710

22400

9930

10230

26300

11370

11710

30100

3

7200

7420

19100

7980

8200

21100

8720

8980

23100

10240

10540

27100

11720

12060

31000

4

7430

7660

19700

8210

8440

21700

8990

9250

23800

10550

10850

27900

12070

12410

31900

5

7670

7890

20300

8450

8710

22400

9260

9530

24500

10860

11160

28700

12420

12800

32900

6

7900

8130

20900

8720

8980

23100

9540

9800

25200

11170

11500

29600

12810

13190

33900

7

8140

8360

21500

8990

9250

23800

9810

10110

26000

11510

11860

30500

13200

13570

34900

8

8370

8590

22100

9260

9530

24500

10120

10420

26800

11870

12210

31400

13580

13960

35900

9

8600

8870

22800

9540

9800

25200

10430

10730

27600

12220

12560

32300

13970

14390

37000

10

8880

9140

23500

9810

10110

26000

10740

11050

28400

12570

12950

33300

14400

14820

38100

11

9150

9410

24200

10120

10420

26800

11060

11400

29300

12960

13340

34300

14830

15250

39200

12

9420

9680

24900

10430

10730

27600

11410

11750

30200

13350

13730

35300

15260

15710

40400

13

9690

9960

25600

10740

11050

28400

11760

12100

31100

13740

14160

36400

15720

16180

41600

14

9970

10270

26400

11060

11400

29300

12110

12450

32000

14170

14590

37500

16190

16650

42800

15

10280

10580

27200

11410

11750

30200

12460

12840

33000

14600

15010

38600

16660

17150

44100

16

10590

10890

28000

11760

12100

31100

12850

13220

34000

15020

15480

39800

17160

17660

45400

17

10900

11200

28800

12110

12450

32000

13230

13610

35000

15490

15950

41000

17670

18200

46800

18

11210

11550

29700

12460

12840

33000

13620

14040

36100

15960

16420

42200

18210

18750

48200

19

11560

11900

30600

12850

13220

34000

14050

14470

37200

16430

16920

43500

18760

19290

49600

20

11910

12250

31500

13230

13610

35000

14480

14900

38300

16930

17430

44800

19300

19880

51100

21

12260

12600

32400

13620

14040

36100

14910

15330

39400

17440

17930

46100

19890

20460

52600

22

12610

12990

33400

14050

14470

37200

15340

15790

40600

17940

18480

47500

20470

21080

54200

23

13000

13380

34400

14480

14900

38300

15800

16260

41800

18490

19020

48900

21090

21710

55800

24

13390

13770

35400

14910

15330

39400

16270

16770

43100

19030

19610

50400

21720

22370

57500

25

13780

14200

36500

15340

15790

40600

16780

17270

44400

19620

20190

51900

22380

23030

59200

26

14210

14630

37600

15800

16260

41800

17280

17780

45700

20200

20810

53500

23040

23730

61000

27

14640

15050

38700

16270

16770

43100

17790

18320

47100

20820

21430

55100

23740

24430

62800

28

15060

15520

39900

16780

17270

44400

18330

18870

48500

21440

22100

56800

24440

25170

64700

29

15530

15990

41100

17280

17780

45700

18880

19450

50000

22110

22760

58500

25180

25910

66600

30

16000

16450

42300

17790

18320

47100

19460

20030

51500

22770

23460

60300

25920

26690

68600

31

16460

16960

43600

18330

18870

48500

20040

20620

53000

23470

24160

62100

26700

27500

70700

32

16970

17470

44900

18880

19450

50000

20630

21240

54600

24170

24900

64000

27510

28320

72800

33

17480

17970

46200

19460

20030

51500

21250

21860

56200

24910

25640

65900

28330

29180

75000

34

17980

18520

47600

20040

20620

53000

21870

22520

57900

25650

26420

67900

29190

30070

77300

35

18530

19060

49000

20630

21240

54600

22530

23190

59600

26430

27190

69900

30080

30970

79600

36

19070

19640

50500

21250

21860

56200

23200

23890

61400

27200

28010

72000

30980

31900

82000

37

19650

20230

52000

21870

22520

57900

23900

24590

63200

28020

28870

74200

31910

32870

84500

38

20240

20850

53600

22530

23190

59600

24600

25330

65100

28880

29720

76400

32880

33850

87000

39

20860

21470

55200

23200

23890

61400

25340

26100

67100

29730

30620

78700

33860

34860

89600

40

21480

22140

56900

23900

24490

63200

26110

26880

69100

30630

31550

81100

34870

35910

92300

/div>

Implementation of 7th CPC & Office Memorandum is likely to be issued during this week

Implementation of 7th CPC & Office Memorandum is likely to be issued during this week

Comrades,
There are lot of discussions about the date of Gazette Notification for implementation of 7th CPC & Office Memorandum, It usually takes about 15 to 20 days after cabinet approval of the pay commission report .Let us examine the 6th CPC dates.

The union cabinet gave its approval for implementation of the recommendations of the Sixth Central Pay Commission on 14th August 2008.

Gazette Notification for implementation of 6th CPC was issued on 29th August 2008 & Office Memorandum was issued on 30th August 2008, after 16 days after cabinet approval

The 7th CPC
The union cabinet gave its approval for implementation of the recommendations of the Seventh Central Pay Commission on 29th June 2016.

Hence the Gazette Notification for implementation of 7th CPC & Office Memorandum is likely issued in next week.

Comradely yours

(P.S.Prasad)
General Secretary

Source : http://karnatakacoc.blogspot.in/

How to exit from Atal Pension Yojana

How to exit from Atal Pension Yojana before 60 years

1. Subscriber will submit the Account Closure request in the specified format to the concerned bank.

2. The subscriber has to fill up the Account Closure form completely including the reason for closure – Download the APY Account Closure Form

3. Bank shall verify the Form and signature of the subscriber. On acceptance of request, bank shall provide an acknowledgement to the subscriber.

4. Bank will be required to initiate the account closure request in the bank APY module which is currently under development.

5. The Bank APY Module will generate a file in a specific format (prescribed by CRA) for all exit cases.

6. The file will be uploaded in the CRA system.

7. On upload of details in the CRA system, the account closure request will be executed in the CRA system.

8. The redeemed amount (based on tile units available in APY account) will be transferred to Subscriber’s Bank Account (registered in APY).

APY Account Closure Form

More Details : Voluntary Exit in Atal Pension Yojana before 60 years

New Features Released For NPS Subscribers

New Features Released For NPS Subscribers

Pension Fund Regulatory and Development Authority (PFRDA) takes various initiatives from time to time in order to simplify and improve the operational issues in National Pension System (NPS) like new functionality development under NPS architecture, simplification of account opening, withdrawal, grievance management etc. In this regard, recently many new functionalities have been released to provide the ease of operation for the benefit of subscribers and nodal offices. These are detailed below:

Functionality released recently for the benefit of NPS subscribers:

S.No

Functionalities Benefits Description
1 Mobile Application

 

Mobile Application for NPS is now available to the Subscriber’s in ‘Google Play Store’ as ‘NPS by NSDL e-Gov’ for installation and use

In Mobile App, the Subscriber will be able to raise the request for Transaction Statement for a particular financial year which will be sent to his registered mail ID at end of the day, can view his/her NPS account, latest details of scheme wise units along with latest NAV and the total value of the schemes, details of the last five contributions credited,  can change contact details (Telephone/Mobile no./Email ID), change password/security Question add/modify his/her password and set security question (for password reset) through Mobile App. Notifications, if any, from CRA will be available to the Subscriber. Short messages will be displayed here.
2 Change of address using Aadhaar authentication The Subscribers can now update/modify their address on their own using Aadhaar based authentication. After logging in CRA, Subscriber will use the menu “Update Address” by providing the Aadhaar No and click on the ‘submit’ button. After which an OTP will be sent to Subscriber’s mobile. Once the Subscriber authenticates by submitting the OTP, address details from Aadhaar system will be fetched and updated in the CRA system. In this process, Subscriber will be able to update permanent as well as correspondence address.
3 Scheme Preference change facility Once Subscriber opts to change his / her Scheme Preference after logging in, an OTP will be sent to the Subscriber (on their registered mobile number). After authentication is done with OTP, the Subscriber can change their PFM, Asset Class, Allocation Ratio, Scheme Options.
4 Tier II activation through eNPS Any subscriber having Tier I account in NPS can now activate Tier II account online through eNPS by entering his / her PRAN, DOB and PAN. An OTP will be generated and will be sent to the registered mobile number. Subscriber has to enter the OTP and proceed for Tier II activation under NPS.
5 KYC re-verification using Aadhaar authentication A Subscriber whose Bank has not confirmed (rejected) his / her KYC verification request can now update the address details and confirm KYC using Aadhaar based authentication. The Subscriber needs to simply go to eNPS site, click on Update details and proceed.
6 Facility to contribute Online Subscribers are contributing through online mode using eNPS portal of NPS Trust. Now, a facility has been made available to contribute online by Subscribers using IPIN credentials in CRA system. Subscriber can login into the CRA system and click on “Contribution” menu. On submission, the Subscriber will be redirected to eNPS contribution page from where he / she can contribute as per existing process of eNPS.
7 Withdrawal from Tier II account At present, for Withdrawal from Tier II account, the NPS subscribers are required to visit the branch of the associated Point of Presence (POPs) or Nodal Office. Now, the NPS Subscribers have a facility to initiate withdrawal request from Tier II account using their login credentials and OTP authentication on registered mobile number.
8 Online IPIN generation

The eNPS Subscribers can now access the CRA system immediately after registering without waiting for physical I-PIN to be despatched. Facility is now available where the Subscriber will generate I-PIN instantly and access his / her NPS account.

Currently, NPS and APY together have 1.29 crore subscribers with total Asset under Management (AUM) of 1.34 lakh crore.

Source :  PIB

Voluntary Exit in Atal Pension Yojana before 60 years

Voluntary Exit in Atal Pension Yojana before 60 years

PENSION FUND REGULATORY
AND DEVELOPMENT AUTHORITY

CIRCULAR

PFRDA/3/APY/109

May 02, 2016

To all Banks/DoP

Voluntary Exit in APY before 60 years

Under Atal Pension Yojana (APY) a guaranteed minimum pension of Rs.1,000/- to Rs.5,000/- per month will be given to a subscriber on attaining the age of 60 years depending on the contributions by the subscriber. Any citizens of India in the age group of 18 – 40 years can join the APY who has a savings bank account/ post office savings bank account.

Government of India would co-contribute 50% of the total subscription subject to a maximum of Rs.1000/- per annum for a period of 5 years, i.e., from the Financial Year 2015-16 to 2019-20 for the subscribers, who join the scheme during the period from 1st June, 2015 to 31st March, 2016 and who are not covered by any statutory social security scheme and are not income tax payers.

In case of death of subscriber during the pension phase, i.e. after 60 years of age, pension would be available to the spouse and on the death of both (the subscriber and spouse); the pension wealth accumulated till age 60 years of the subscriber would be returned to the nominee.

If the subscriber dies before the age of 60 years, his / her spouse would be given an option to continue contributing to APY account of the subscriber, which can be maintained in the spouse’s name, for the remaining vesting period, till the original subscriber would have attained the age of 60 years. The spouse of the subscriber shall be entitled to receive the same pension amount as that of the subscriber until the death of the spouse.

The guidelines for voluntary exit of subscribers before attaining the age of 60 are as under:

Exit before 60 years of age is generally not permitted. However, it may be permitted in exceptional circumstances such as due to terminal illness or death of the Subscriber.

If the APY account is closed due to terminal illness or death of the Subscriber, the accumulated corpus (subscriber contribution, Government co-contribution and the returns thereon) in the subscriber account will be returned to the subscriber or the nominee as the case may be.

In case a subscriber, who has availed of Government co-contribution under APY, chooses to voluntarily exit APY before attaining the age of 60 years, he/she shall be refunded the contributions made by him/her to APY along with the net accrued income earned on his/her contributions after deducting the account maintenance, investment management, etc. charges. The Government co-contribution and the accrued income earned on the Government co-contribution shall not be given to such subscribers.

Funds redeemed will be transferred to the subscriber’s Bank account registered in APY.

Following steps would be allowed for Voluntary Closure of APY accounts:

1. Subscriber will submit the Account Closure request in the specified format to the concerned bank. The subscriber has to fill up the Account Closure form completely including the reason for closure. The format of the Form for Voluntary Exit is enclosed as annexure.

2. Bank shall verify the Form and signature of the subscriber. On acceptance of request, bank shall provide an acknowledgement to the subscriber.

3. Bank will be required to initiate the account closure request in the bank APY module which is currently under development.

4. The Bank APY Module will generate a file in a specific format (prescribed by CRA) for all exit cases.

5. The file will be uploaded in the CRA system.

6. On upload of details in the CRA system, the account closure request will be executed in the CRA system.

7. The redeemed amount (based on tile units available in APY account) will be transferred to Subscriber’s Bank Account (registered in APY).

Interim process:

At present, the system to process the exit requests under APY as mentioned above is under development. Till such time the APY exit module is developed and made operational by the CRA and banks, an interim process would be followed as under:

The first two steps will be same as listed above. The banks/India Post will forward the details of all such requests (such as PRAN, Name of subscriber, and date of receipt of the request, reason for closure) to CRA. The letter should be signed by the Authorized signatory or the Compliance Officer. CRA will handle the request administratively. After the request is processed, the redeemed amount based on the units available in APY account will be transferred to Subscriber’s Bank account registered in APY.

PFRDA advises all banks/ Department of Post to explain the APY product features to the subscribers/ prospective subscribers thoroughly before enrolment into APY so as to prevent any unwarranted misunderstandings on this front. It is also clarified that the APY accounts which are closed within a period of 12 months from their opening or which have NIL balances, no incentive will be admissible to banks/ India Post for such accounts.

Yours Sincerely
Ananta Gopal Das
Chief General Manager

PFRDA ORDER & EXIT FORM

August month salary based on 7th CPC Recommendations – AIRF

August month salary based on 7th CPC Recommendations – AIRF

AIRF

No.AIRF/405(VII CPC)

Dated: July 13, 2016

The General Secretaries,
All Affiliated Unions,

Dear Comrades!

In continuation of our earlier letter of even number dated 8th July, 2016, wherein clarification was issued, whether payment of salaries based on 7th CPC recommendations will be made from current month or otherwise, it is hereby clarified that; salary of August month will be based on 7th CPC recommendations.

Source : AIRF

DOPT implemented Special Leave connected with inquiry on sexual harassment

DOPT implemented Special Leave connected with inquiry on sexual harassment

DOPT ORDERS 2016

No. 13026/2/2016-Estt(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
****

Old JNU Campus, New Delhi 110 067
Dated: 14.07.2016

OFFICE MEMORANDUM

Subject: Implementation of leave provision under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 — Reg.

Consequent to the enactment of the ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013’, this Department is considering issuing instructions for the grant of leave to the aggrieved woman during pendency of inquiry up to a period of three months in addition to the leave which she is otherwise entitled to.

2. In this regard, it is proposed to insert/incorporate a new Rule in the CCS (Leave) Rules, 1972. The new rule may read as follows:

Special Leave connected with inquiry on sexual harassment — Leave up to a maximum of 90 days may be granted to an aggrieved female Government Servant on the recommendation of the Internal Committee or the Local Committee, as the case may be, during the pendency of inquiry under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

(2) The leave so granted to the aggrieved woman under this rule shall not be debited against the leave account.”

(Navneet Misra)
Under Secretary to the Government of India

Original Copy

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