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Court orders against Government of India instructions on service matters

By
igeadmin
-

Court orders against Government of India instructions on service matters

F.No.28027/1/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment Division

North Block, New Delhi-110001

Dated: 16th March, 2016

OFFICE MEMORANDUM

Subject: Court orders against Government of India instructions on service matters-consultation with Ministry of Law and Department of Personnel and Training on question of filing appeals.

The undersigned is directed to refer to this Department’s 0.M.No.28027/9/99- Estt.(A) dated 1st May, 2000 on the above subject ( copy enclosed) and to say that the Department of Personnel and Training is the nodal Department that formulates policies on service matters and issues instructions from time to time. These instructions are to be followed by the Ministries/ Departments of the Central Government scrupulously. All the Court cases filed by employees have to be defended on the basis of the facts available with the Administrative Ministry/Department concerned, keeping in view the instructions issued on the subject by this Department.

2. Reference is also invited to the Cabinet Secretariat’s D.0 letter No. 6/1/1/94-Cab dated 25.02.1994 and the Department of Expenditure’s O.M. No. 7(8)/2012-E-II(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. However, it is noticed that the Ministries/Departments are making several references to this Department seeking interpretation of the guidelines without exercising due diligence. The Ministries/Departments are advised not to make any references to this Department unless there are difficulties relating to interpretation/application of these guidelines or any relaxation in Rules/instructions is warranted to mitigate a genuine hardship faced the Government servant. While seeking advice of this Department, instructions contained in this Department’s O.M. number 43011/9 /2014-Estt (D) dated 28.10.2015 may be followed.

4. The court cases may be further handled in the following manner:-

Sl. No. Orders of Court  Action to be taken
1 A decision / order has  been quashed by Tribunal/Court on the ground that it is violative of  the  Rules/Government instructions, but Government’s
policy has not come in for adverse comments		 The Administrative Department may implement the CAT Order/Judgement if it is in consonance with Government policy and the Government case has been lost due to Administrative infirmities.
2 Where the policy of DoPT has not been quashed, but the judgment/order of the Tribunal/ High Court/ Supreme Court has gone in favour of Respondents/Applicants.

(a) Where  in above, the Administrative Ministry is in favour of implementing the judgement

(b)Where in above, a decision to file Writ Petition / Special Leave Petition (as the case may be) has to be taken

 The Administrative Ministry may take a decision in consultation with DoPT and DoLA. The Administrative Department may take a decision to file Writ Petition/ Special Leave Petition  (as the case may be) in consultation with Department of Legal Affairs (DOLA) and DoP&T
3 Where the judgment has gone in favour of Applicant / Petitioner / Respondent and a scheme / guideline / OM outlining Government policy has been quashed. The Administrative Department may take a decision to file WP/SLP (as the case may be) in consultation with DoPT and DOLA. The references to this Department should be sent at least one week in advance so that it can be properly examined in DoP&T.
4 CAT or a Higher Court has
upheld Government’s stand		 DoPT may only be informed with all details.

 

Original DOPT Order

Discrimination in Structure of Giving MSP

By
igeadmin
-

Discrimination in Structure of Giving MSP

Military Service Pay (MSP) is being paid to the Armed Forces Personnel w.e.f. 1st September, 2008. It is a compensation paid to the Armed Forces personnel as a recognition for the intangible aspects linked to the special conditions of their service. On recommendation of 6th Central Pay Commission, MSP was introduced for the first time in respect of Armed Forces.

The MSP being paid to Armed Forces Personnel is in two slabs:-

(i) For Officers – Rs.6,000 per month

(ii) For JCOs/OR – Rs.2,000 per month.

However, Government has separately provided a number of allowances based on risks and hardships involved at a location / in an operation, such as High Altitude Allowances, Field Area / Modified Area Allowances, Counter Insurgency Allowance etc.

This information was given by Defence Minister Shri Manohar Parrikar in a written reply to Shri Mahendra Singh Mahra in Rajya Sabha today.

Age Relaxation for Widows

By
igeadmin
-

Age Relaxation for Widows

Suggestions have been received from time to time for relaxation of upper age-limit for widows. Relaxation of age up to 35 years (up to 40 years for members of Scheduled Castes and Scheduled Tribes) for the widows, divorced and women judicially separated from their husbands who are re-married for employment to Group ‘C’ and erstwhile Group ‘D’ post has been provided vide Department of Personnel & Training’s Office Memorandum No. 15012/13/79-Estt (D) dated 19.01.1980. Similar relaxation is provided for Group ‘A’ and Group ‘B’ posts except where recruitment is made through open competitive Examination vide Department of Personnel & Training’s Office Memorandum No. 15012/1/87-Estt.(D) dated 05.10.1990.

This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in written reply to a question by Shri B.Vinod Kumar and Shri Ashwini Kumar in the Lok Sabha today.

Grant of HRA at a higher rate (‘B’ category) to the Central Government Servants posted at Aizawl (Mizoram)

By
igeadmin
-

Grant of HRA at a higher rate (‘B’ category) to the Central Government Servants posted at Aizawl (Mizoram)

F.NO. 4-23/2000-PAP
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATION & IT
DEPARTMENT OF POSTS
(ESTABLISHMENT DIVISION)/P.A.P. SECTION
DAK BHAWAN, SANSAD MARG, NEW DELHI – 110 001
*****

DATED, THE 01ST MARCH, 2016

To
The Chief Post Master General,
N.E. Postal Circle,
Shillong – 793001

ORDER

Subject: Grant of HRA at a higher rate (‘B’ category) to the Central Government Servants posted at Aizawl (Mizoram) – Court Case regarding.

Central Government Employees Federation of Mizoram, General Head Quarters, Aizawl, Mizoram made a representation to the Hon’ble Prime Minister of India claiming House Rent Allowance at ‘B’ Class City rates and Compensation in lieu of Rent Free Accommodation at the rate of 10% to the Central Government Employees posted in Mizoram State based on the judgement passed by Supreme Court of India in Civil Appeal No. 2715/91 – Union of India & Ors V/s Shri S.K. Ghosh & Others and Department of Posts Order No. 8-40/87-PAP dated 7.3.1994 & No. 4-52/98-PAP dated 27.02.1999. On rejection of their claim, the Central Government Employees posted in the State of Mizoram approached the Central Administrative Tribunal, Guwahati under O.A. No. 381/2000. The Hon’ble CAT, in para – 5 of its order dated 12.04.2002 pronounced as under:-

“In view of the position enumerated above, I am of the view that the applicants are entitled to House Rent Allowance at the rate prescribed for B class cities to the Central Government employees which should be payable to the applicants at the rate of 15% from 1.1.1986 to 30.9.1986 and from 1.10.86 to 30.9.86 and from 1.10.1986 at flat rate prescribed under O.M dated 7.8.1987 read with another O.M. dated 13.11.1987 and the Notification GSR No. 623 (E) amending the Fundamental Rule 45 A with effect from 1.7.1987.

As regards the claim for compensation in lieu of Rent Free Accommodation the respondents are to act in conformity with the Office Memorandum No, 12-11/60-ACC-I dated 2.8.1960, O.M. dated 23.2.1986 and 22.5.1987 and also to O.M. dated 13.11.1987. The respondents shall examine the each case on merits and thereafter shall pass necessary order in individual cases. Rent free unfurnished accommodation is admissible to Central Government employees having all India transfer liability only those who are posted in Mizoram or HRA at the rate prescribed from time to time. Compensation and admissible HRA shall be granted to those persons who are entitled to rent free accommodation and could not be provided accommodation and the above benefit shall be granted only to the Central Government employees having all India Transfer liability and posted in Mizoram vide letter No. 11015/1/E/(B)/76 dated 31.7.1977. The respondents shall examine the individual cases and thereafter pass necessary orders in those cases, others will not be eligible for the same. The application is allowed in part, No costs.”

2. The Department filed WP No. 2955/2003 in the Hon’ble High Court of Guwahati against the orders of the CAT dated 12.04.2002. The Hon’ble High Court in its judgment dated 25.4.2003, “disposed of the appeal with the observations that the directions given by the Learned Tribunal in the last part of the Judgment quoted above shall be complied with by the Central Government after taking due consideration of the observations recorded within a period of 6 months. The High Court observed that the case of each and every Central Government employee posted in the State of Mizoram will have to be taken separately and appropriate orders shall be passed thereon after such consideration in terms of OM dated 23.09.86, 19.03.87 and 13.11.87. The Hon’ble High Court, however, observed that the employees posted in Aizawl Headquarters of the State of Mizoram being a ‘C’ Class city may not be entitled to HRA as prescribed for ‘B’ Class cities”.

3. Aggrieved by the order of the Hon’ble High Court of Guwahati, the Central Government Employees field a Civil Appeal No. 646/2005 in the Supreme Court of India. The Supreme Court stayed the operation of the Judgment order dated 25-04-2003 of the High Court of Guwahati in WP No. 2955/2003. The Hon’ble Supreme Court of India has dismissed the civil appeal and passed the orders dated 17.07.2013 as under:-

” We have thoughtfully considered the submissions of the learned counsel. In our view, the direction given by the Tribunal, which has been confirmed by the High Court, merely ordains consideration of the cases of each employee for grant of City Compensatory Allowance in accordance with O.M. dated 02.08.1960, O.M. dated 23.02.1986 and 22.5.1987 as also O.M. dated 13.11.1987 and nothing more. Therefore, the impugned order as also the one passed by the Tribunal do not call for interference by this Court under Article 136 of the Constitution.

With the above observation, the appeal is dismissed.

However, it is made clear that if the Government of India has issued fresh instructions after 13.11.1987 then the cases of the respondents shall be considered in accordance with the latest instructions.”

4. Consequent upon obtaining the coucurrence of Integrated Finance Wing of this Department, the, matter was referred to Ministry of Finance, Department of Expenditure for decision.

5. Ministry of Finance, Department of Expenditure has considered the matter and accorded their approval in view of the decision taken by the Department of Posts to not to file any Review Petition in the matter and as the Ministry of Law & Justice has advised Department of Posts to take administrative decision for implementation of the said order of Hon’ble Tribunal, implementation of the Order dated 12.04.2002 passed by the Hon’ble CAT, Guwahati Bench in O.A. No. 381/2000 for grant of House Rent Allowance at ‘B’/’Y’ Class cities rates, as admissible from time to time, is agreed to.

6. Since, the Department of Posts had represented the Union of India on behalf of all the respondents Ministries/Departments/Offices, the approval accorded by the Department of Expenditure, Ministry of Finance is therefore conveyed to all the Respondent Ministries/Departments/Offices for issuing appropriate instructions for compliance of orders dated 12.04.2002 of Hon’ble CAT, Guwahati Bench in respect of the employees working under their administrative control who were/are Applicants in the said OA No. 381/2000.

7. This has the approval of the Competent Authority.

(K.V. Vijayakumar)
Assistant Director General (Estt.)

Source: Postal Employees Union

Posting of ASO in the 7th CPC Implementation Cell

By
igeadmin
-

Posting of ASO in the 7th CPC Implementation Cell

F.No.7/6/2016-CS.I(A)
Government of India
Ministry of Personnel, Public Grievances and Pension
(Department of Personnel & Training)
****

2nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003

Dated the 16th March, 2016.

ORDER

In exercise of powers conferred under Rule 19 of Central Secretariat Service Rules, 2009, the competent authority in this Department hereby orders the inter-cadre transfer of Shri Ashish Sharma, Assistant Section Officer (DR-2011), presently posted in the Ministry of Health and Family Welfare to the Implementation Cell, 7th CPC upto 31.12.2016 or till further order.

2. Ministry of Health and Family Welfare is requested to relieve the concerned officer immediately.

(V. Srinivasaragavan)
Under Secretary to the Government of India

Original Copy

Physical Verification of Retired Employees in Indian Railways

By
igeadmin
-

Physical Verification of Retired Employees in Indian Railways

As per extant instructions, every pensioner/family pensioner is required to submit a life certificate to the pension disbursing authority in the month of November every year. The pension for the month of November and onwards is released to the pensioner/family pensioner by the pension disbursing authority on submission of the life certificate. No specific directives have been given for physical verification of pensioners aged between 80 and 100 years. The total number of pensioners on Indian Railways is 1378937.

The total pension expenditure incurred by Railways during 2014-15, including pension payment to pensioners above age of 80 years is `28642.08 crore. There are approximately 286093 pensioners/family pensioners above 80 years of age. However, no separate expenditure is recorded agewise.

The exercise of obtaining life certificates is carried out by pension disbursing authorities in the month of November, every year. However, the certificate is accepted in subsequent months also.

This information was given by the Minister of State for Railways Shri Manoj Sinha in a written reply to a question in Lok Sabha on 16.03.2016 (Wednesday)

Aadhaar based Digital Life Certificate (Jeevan Pramaan)

By
igeadmin
-

Aadhaar based Digital Life Certificate (Jeevan Pramaan)

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-II, BHIKAJI CAMA PLACE
NEW DELHI – 110 066
PHONES:26174596,26174456,26174438

CPAO/IT & Tech/Jeevan Praman/2015-16/1776

10-03-2016

Office Memorandum

Subject: Aadhaar based Digital Life Certificate (Jeevan Pramaan).

A reference is invited to this office O.M.CPAO/Tech/Jeevan Pramaan/2014-15/218-259 dated 20/03/2015 (Copy enclosed) on the above mentioned subject whereby all the banks were advised to seed the pensioners’ Aadhaar numbers with their PPO and bank accounts so that online biometric authentication system of submission of life certificate Jeevan Pramaan may be implemented successfully. This task was to be completed before November, 2015. However, status report of the quarter ending December, 2015 reveals that only 44.54% of pension accounts were seeded which slightly increased during january & February 2016. As on 04.03.2016 48.80% of total pension accounts have been seeded which is much below the target of hundred percent seeding.

Further the status report of Aadhaar seeding for quarter ending September, 2015, December, 2015 and period endind 4th March, 2016 reveals that only eight banks have shown further progress with reference to the status report of September,2015. As this is continues process and should not be stopped, Banks should pursue the matter with pensioners by making them aware of the benefits of registering their Aadhaar numbers to banks so that they voluntarily register their Aadhaar numbers with banks. Banks should invariably send weekly progress reports to CPAO on each Friday as already advised to them.

Therefore, all the banks are advised to make further efforts to increase the Aadhaar seeding of Pensioners accounts. It may also be ensured that for all fresh PPOs having Aadhaar numbers, sent from CPAO, Aadhaar seeding of pensioners account with Aadhaar number is done.

Further, the status of seeding of Aadhaar numbers may invariably be shown in the e-scrolls, Format-F and updated master data.

(Subhash Chandra)
Controller Of Accounts
Ph. 011- 26174809

Original Copy

 

Facilities to the Employees with Disabilities working in DoPT

By
igeadmin
-

Facilities to the Employees with Disabilities working in DoPT

No. B-11011/1/2016-Ad-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi
Dated 11 March, 2016

Circular

Subject: Scheme for providing facilities to the Employees with Disabilities of Department of Personnel & Training – reg.

In accordance with this Department’s O.M. no. 36035/3/2013 – Estt (Res) dated 31.03.2014 a scheme for providing facilities to the Employees with Disabilities in this Department has been formulated.

2. The detail of the Scheme are enclosed & circulated herewith.

(Kulbhushan Malhotra)
Under Secretary to the Govt. of India

Scheme for providing facilities to the Employees with Disabilities of Department of Personnel and Training:-

Name of the Schemes:-

To provide facilities to the Employees with Disabilities working in Department of Personnel and Training, for ease of doing their day to day office work. The Scheme will come into effect from next financial year i.e. from April, 2016.

Objective of the Scheme:-

The objective of the Scheme is to enable and empower Persons with Disabilities (PwDs) of this Department by providing certain additional facilities to help them discharge their duties more conveniently and effectively.

Facilities under the Scheme: –

The Scheme provides the following facilities to the PwDs:-

• Wheelchairs (Motorised, if required)
• Special furniture
• Hearing aids with battery
• Low vision aids
• Smart Cane
• Special Software/computers
• Braille Signage near lift area, toilets, canteen, fire, exit etc. / Room Numbering/Section Name
• Provision of Beep sound in biometric attendance system
• Induction/lob specific training

Eligibility:-

PwD employees who are serving in DoPT.

Implementation process:-

Employees with disability would be given option to apply for the items mentioned above to the Administration Division through proper channel, which will be examined on case to case basis and decided with the approval of competent authority.

Grievance Redressal:-

Shri Suresh Kumar DS (Admn), is the nodal authority/Grievance Officer to address the issues, if any, relating to operation and procurement of special items, as mentioned above.

Original DOPT Order

Streamlining the procedure for verification of claims of candidates belonging to SC, ST and OBC

By
igeadmin
-

Streamlining the procedure for verification of claims of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes for purpose of appointment to posts/services

No.36011/1/2012-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment Reservation — I Section
*****

North Block, New Delhi-110 001
Dated March 14, 2016

To,

The Chief Secretaries of all States/UTs

Subject: Reiteration of the instructions on streamlining the procedure for verification of claims of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes for purpose of appointment to posts/services — regarding

Madam/Sir,

I am directed to refer to this Department’s letter no. 36022/1/2007—Estt. (Res.) dated 20.03.2007 addressed to Chief Secretaries of all States/UTs (copy enclosed) regarding streamlining of the process for verification of claims of candidates belonging to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs). It was also requested to issue instructions to District Magistrates/District Collectors/ Deputy Commissioners to ensure at their own level the veracity of caste certificates so that unscrupulous non-SC/ST/OBC persons are prevented from securing jobs meant for SCs/STs/OBCs by producing false certificates.

2. Owing to difficulties faced by candidates belonging to these reserved communities in various states in securing employment due to delays in obtaining caste certificates, this Department, vide an Office Memorandum of even number dated 08.10.2015, has re-iterated the instructions on providing provisional appointment to such reserved category candidates who are unable to obtain an appropriate caste certificate in time. It has been reiterated therein that where a candidate belonging to a Scheduled Caste, Scheduled Tribe or Other Backward Class is unable to produce a certificate from any of the prescribed authorities, he/she may be appointed provisionally on the basis of whatever prima-facie proof he/she is able to produce in support of his/her claim, subject to his/her furnishing the
prescribed certificate within a reasonable time. If there is genuine difficulty in his/her obtaining a certificate, the appointing authority should itself verify his/her claim through the District Magistrate concerned. A copy of the OM is enclosed for reference and perusal.

3. In order to ensure that the candidates belonging to reserved categories do not face unnecessary problems in obtaining caste certificates, it is requested that instructions issued to the concerned authorities in the light of the aforementioned letter dated 20.03.2007 may be reiterated for information/compliance of all concerned.

4. It is also advised that in order to discourage unscrupulous activities, State Governments/UTs may consider issue of appropriate instructions for initiating disciplinary proceedings against the errant officers who default in timely verification of caste certificates or who issue false certificates.

Encl: as above

Yours faithfully,
(G. Srinivasan)
Deputy Secretary to the Government of India

Original DOPT Order

Teacher Education Institutes – Benefits for retired government teachers

By
igeadmin
-

Teacher Education Institutes

The Central Government is working on a pilot programme to involve retired government teachers and others to conduct co-scholastic activities in schools.

The Central Government is in the process of developing guidelines in collaboration with State Governments. In a meeting of State Education Ministers on ‘Teacher Education’ held in New Delhi on 8th February 2016, representatives of 19 States, namely, Assam, Chhattisgarh, Haryana, Gujarat, Karnataka, Odisha, Punjab, Madhya Pradesh, Manipur, Telangana, Rajasthan, Uttarakhand, Andhra Pradesh, Bihar, Himachal Pradesh, Tripura, Goa, Uttar Pradesh and Delhi have expressed their willingness to participate in the first phase.

In the same meeting of Education Ministers on Teacher Education, several steps for improvement of the quality of education were discussed. These include: internship for Teacher Education Programmes in Government Schools; conduct of Regional workshop for Education Administrators by UGC with modules developed by IIMs; and to constitute a committee to develop an accreditation framework for Teacher Education Institutions.

This information was given by the Union Human Resource Development Minister, Smt. Smriti Zubin Irani today in a written reply to a Lok Sabha question.

PIB

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