Advances to Government servants – Rate of interest for purchase of conveyances during 2015-2016
F.No. 5(2)-B(PD)/2015
Government of India
Ministry of Finance
Department of Economic Affairs
New Delhi, the 3rd February, 2016
OFFICE MEMORANDUM
Subject : Advances to Government servants — Rate of interest for purchase of conveyances during 2015-2016.
The undersigned is directed to state that the rates of interest for advances sanctioned to the Government servants for purchase of conveyances during 2015-2016 i.e. from 1st April, 2015 to 31st March, 2016 are as under:
Rate of interest
per annum
(i)
Advance for purchase of conveyance other than
motor car (viz. motor cycle, scooter etc.)
9%
{ii)
Advance for purchase of motor car
11.50%
The rates remain unchanged from those applicable for the financial year 2014-15.
Minutes of the Meeting of Joint Secretary(IC) with Nodal Officers held on 2nd Feb, 2016
A meeting of all the Nodal Officers of various Ministries/Departments, who have been appointed to interact with the Implementation Cell in connection with the processing of the recommendations of the 7th Central Pay Commission, was held on 02.02.2016. Joint Secretary (IC), Department of Expenditure, presided over the meeting.
2. While explaining the background and the context in which the meeting of Nodal Officers was held, it was brought out in the meeting that after the receipt of the report of the 7th Central Pay Commission on 19.11.2015, Ministry of Finance initiated a proposal to setup an appropriate mechanism to process the recommendations of the Commission. With the approval of the Cabinet, an Empowered Committee of Secretaries (E-CoS) headed by the Cabinet Secretary has been set up on 27.1.2016 to screen the recommendations and to firm up the conclusions for approval of the Cabinet. An Implementation Cell (IC), as a dedicated and focused wing in the Department of Expenditure (DoE) has been created to work as the Secretariat for the E-CoS.
3. As the recommendations of the Commission relate to various Ministries/ Departments, their views/comments would be essential to process the matter for submitting the same before the E-CoS. JS(Pers), D/o Expenditure wrote a d.o. letter to the Secretaries of various Departments on 21.11.2015, wherein all the Departments were requested to formulate their views/comments on the recommendations of the Commission pertaining to them after taking into account the representations of the Staff Associations and also to nominate a Joint Secretary level Nodal Officer for interaction with the Implementation Cell. While a number of Ministries/Departments have sent their comments and nominated their Nodal Officers, the comments received from some Ministries are simply in the nature of forwarding the representations of the Staff
Associations without their comments.
4. In the above background, JS(IC) explained that there was a need for all the Ministries/Departments to furnish their comments in a structured format so that their collation and analysis could be placed before E-CoS in a systemic manner. Accordingly, JS(IC) impressed upon the following action points to be acted upon by the Nodal Officers to enable an expeditious processing of the recommendations of the 7th
Central Pay Commission:
(i) Departments who have not yet nominated a Nodal Officer, should do it within the next 2 days.
(ii) To be ensured that Nodal Officers are not changed midway, unless extremely unavoidable.
(iii) Nodal Officers may get acquainted with the recommendations of the Commission as specifically applicable to their Departments. Nodal Officers to find out which Wing/Office (attached or subordinate or UT) is concerned with the recommendations of the Commission. The mechanism of Nodal Officers should also be put in place in attached/subordinate/UTs so that the comments of such offices could be properly coordinated at the level of the Department concerned without any further delay.
(iv) The comments of the attached/subordinate offices/UTs should be compiled by Nodal Officers at the Department level itself.
(v) Nodal Officers to take note of any representation or demand of the Staff Association under the administrative purview of their Department. Nodal Officers to ascertain the views/comments of the concerned office on the recommendation of the Commission in the light of the representation /demands raised by the Staff Association.
(vi) In case, there is any need for consultation with the Staff Association at the level of the Department, the same may be done as per the assessment of the Department.
(vii) Thereafter, the formal views/comments of the Department should be sent to the Implementation Cell (IC) on the recommendations of the Commission, which are specifically and directly related to that Department.
(viii) In case, the Department is of the view that any recommendation which are specifically related to their Department, need any modification, adequate justification in clear-cut terms should be brought out while sending the
comments to the Implementation Cell (IC).
In case of any modification, the extra financial implications (per annum) over the recommendation of the Commission should be clearly indicated.
If no modification of the recommendations of the Commission is suggested, approval of the Secretary of the Department should be obtained before sending the recommendations to the Implementation Cell (IC). If, however, any modification is suggested, approval of the
Minister should be obtained.
(xi) While the views/comments of the Departments on the recommendations of the Commission directly and specifically applicable to that Department are mandatory, a Department is free to offer views/comments on the recommendations which are of general nature or concerning other
Departments.
(xii) Besides sending the commentslviews of the Department in the running format, the same should also be sent to the Implementation Cell (IC)in the `prescribed proforma’ within two weeks. The soft copies of the same should also be sent through email. The email id of JS(IC) is : jsic¬cpc@nic. in
(xiii) Nodal Officers shoud regularly keep a watch on the website of the Finance Ministry at the link http://www.finmin.nic.in/the ministry/dept expenditure/ notification/7cpc/index.asp. E-mails should also be checked regularly for the purpose. The updates/further action to be taken shall be posted there to facilitate quick action.
5. Apart from the above action points, it was also felt that sub-groups may be formed after the receipt of comments from the Ministries/Departments to accord focused consideration to certain specific issues, if necessary.
6. Besides above, after detailed deliberations, the Nodal Officers also agreed to the following :
(i) Even if the Department has no comments, it should send a response, saying that it has ‘Nil Report’.
(ii) While certain Departments have already given their comments, these comments would be sent again in the `prescribed format’ and in accordance with the points brought out in para 4 above.
(iii) Nodal officers would ensure that the comments of their Departments on all the recommendations of the Commission and also on the representations received so far from the Staff Associations are forwarded to Implementation Cell (IC) in the prescribed format in a consolidated fashion and not in piece-meal within next two weeks.
(iv) If a representation was made by a Staff Association before the 7th Central Pay Commission and the Commission after due diligence has not accepted the demand made therein, the same matter should normally not be considered at this stage. However, if Departments consider that the issues are of such nature that they require consideration at this stage also, then they may give their comments with full justifications to the Implementation Cell (IC).
7. With the above discussions, the meeting ended with a vote of thanks to the Chair.
OROP Tables for Regular Commissioned Officers of Army and Equivalent Ranks in Navy & Air Force
(OTHER THAN OFFICERS OF AMC/ADC/RVC, EC/SSC, TA AND MNS)
RATES OF RETIRING PENSION UNDER OROP SCHEME FOR REGULAR COMMISSIONED OFFICERS OF ARMY AND EQUIVALENT
RANKS IN NAVY & AIR FORCE (OTHER THAN OFFICERS OF AMC/ADC/RVC, EC/SSC, TA AND MNS)
One Rank One Pension to the Defence Forces personnel – GO &
Implementaion Table
No 12(1)/2014/D(Pen/Policy)-Part-II
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
New Delhi, Dated: 03 February, 2016
To
The Chief of Army Staff
The Chief of Navy Staff
The Chief of Air Staff
Subject: One Rank One Pension to the Defence Forces personnel.
****
Sir,
The undersigned is directed to refer this Ministry’s letter No 12(1)/2014/D (Pen/Policy)-Part- II dated 7th November, 2015 notifying One Rank One Pension (OROP) scheme for Defence Forces personnel. Salient features of the scheme have been mentioned at Para 3 & 4 of above said letter with the provision that the benefit of the scheme shall be implemented from 1.7.2014 to all pre-1.7.2014 pensioners. Para 6 of the letter provides that detailed instructions relating to implementation of OROP along with tables indicating revised pension for each rank and each category, shall be issued separately for updation of pension and payment of arrears by Pension Disbursing Agencies concerned.
2. The undersigned is directed to say that in order to quicken the process of revision of pension/ family pension, total 101 pension tables indicating rates of pension/family pension under OROP scheme notified vide this Ministry’s order dated 7th Nov, 2015, are appended to this order. The appended tables indicate revised rates of Retiring/Service/ Special/ Disability/ Invalid/ Liberalized disability/War Injury Pension including disability/war injury element and ordinary/ special/ liberalized family pension of Commissioned Officers, Honorary Commissioned Officers, jCOs/ORs and Non-Combatants (Enrolled) of Army, Navy, Air Force, Defence Security Corps & Territorial Army retired/discharged/invalided out from service/died in service or after retirement. The existing pension of all pre- 1.7.2014 pensioners/family pensioners shall be enhanced with reference to applicable table for the rank (and group in case of JCOs/ORs) in which pension with reference to the actual qualifying service as shown in Column-1 of the tables subject to maximum term of engagement for each rank as applicable from time to time. The rate of pension of pensioners/ family pensioners drawing pension more than the rate of revised pension/ family pension indicated in annexed tables, shall remain unchanged.
3. The undersigned is also directed to convey that full pension of PSU absorbees who had opted for 100% commutation of pension, shall also be revised under this order with reference to revised pension of the rank determined for regular category of pensioners. However, there shall be no change in restored amount of pension already notified by respective PSAs in their case.
APPLICABILITY
4. The provisions of this letter shall be applicable to all pensioners/family pensioners who had been retired/discharged/ invalided out from service/died in service or after retirement in the rank of Commissioned Officers, honorary commissioned officers, JCOs/ORs and Non-Combatants (Enrolled) of Army, Navy, Air Force, Defence Security Corps, Territorial Army & Ex-State Forces and are in receipt of pension/ family pension as on 1.7.2014.
4.1 The provisions of this order, however, do not apply to UK/HKSRA/KCIO pensioners, Pakistan & Burma Army pensioners, Reservist pensioners and pensioners in receipt of Ex-gratia payments.
METHODOLOGY FOR IMPLEMENTATION
5. All Pension Disbursing Agencies (PDAs) handling disbursement of pension to Defence ensioners are hereby authorized to carry out revision of Retiring/Service/ Special/Disability/ Invalid/Liberalized disability/War Injury Pension including disability/war injury element and ordinary/special/liberalized family pension of all pre- 1.7.2014 pensioners drawing pension as on 1.7.2014 in terms of these orders with applicable rates of dearness relief without calling for any applications from the pensioners and without any further authorization from the Pension Sanctioning Authorities concerned.
6. Where the revised pension as on 1.7.2014 worked out in terms of these orders, happens to be less than the existing pension/ family pension as on 1.7.2014, the pension shall not be revised to the disadvantage of the pensioner.
7. Arrears on account of revision of pension from 1. 7 .2014 till date of its implementation shall be paid by the Pension Disbursing Agencies in four equal half yearly installments. However, all the family pensioners including those in receipt of Special/Liberalized family pension and all Gallantry award winners shall be paid arrears in one installment.
8. The initial Pension Payment Order (PPO) or its Corrigendum PPO (Corr PPO) indicates rank, group and qualifying service for which the individual has been pensioned. This information is available with Pension Disbursing Agencies as they have revised pension of all such pensioners in the recent past in terms of Government orders issued for implementation of recommendations of Sixth CPC, CSC-2009 & CSC-2012. In case, however, any information regarding qualifying service, rank, group etc., is not available with Pension Disbursing Agencies, such cases may be referred to Pension Sanctioning Authority concerned on the proforma enclosed as Annexure-A. The Pension Sanctioning Authorities concerned will provide the requisite information from the available records within 15 days of the receipt of request from the Pension Disbursing Agencies.
9. In case of any doubt relating to revision of pension in terms of this order, pension disbursing agencies may immediately take up the matter with nodal officers of respective PSAs details of which shall be notified by Pr.CDA(P) Allahabad in their implementation instructions.
10. The OROP shall be basic pension from 1.7.2014 and therefore, additional pension as applicable to the old age pensioners/ family pensioners on attaining the relevant age (80 years and above) shall also be enhanced by the PDAs from 1.7.2014 or the date from which the pensioner attains the age of 80 years or more, whichever is later.
PAYMENT OF LIFE TIME ARREARS (LTA)
11. If a pensioner to whom the benefit accrues under the provisions of this letter has died/dies before receiving the payment of arrears, the Life Time Arrears of pension (LT A) shall be paid in the following manner: –
a) If the claimant is already in receipt of Family Pension or happens to be the person in whose favour Family Pension already stands notified and the awardees has not become ineligible for any reason, the LTA under the provisions of this letter should be paid to such a claimant by the PDA on their own.
b) If the claimant has already received LTA in the past in respect of the deceased to whom the benefit would have accrued, the LTA under the provisions of this letter should also be paid to such a claimant by the PDA on their own.
c) If the claimant is a person other than the one mentioned at 11(a) & 11(b) above, payment of LTA shall be made to the legal heir/heirs as per extant Government orders.
12.The following elements shall continue to be paid as separate elements in addition to the pension revised under these orders
i) Monetary allowance attached to gallantry awards viz. Param Vir Chakra, Ashok Chakra etc.
ii) Constant Attendance Allowance, where admissible.
iii) Dearness relief as sanctioned by the Government from time to time.
MISCELLANEOUS INSTRUCTIONS
13.No arrears on account of revision of pension/family pension shall be admissible for the period prior to 1.7.2014.
14. No commutation of pension shall be admissible on revised/additional amount of pension accruing as a result of revision of pension under these orders. However, the existing amount of pension, if any, that has been commuted will continue to be deducted from the revised pension.
15. As a result of these orders, there will be no change in the amount of gratuity already determined and paid with reference to the rules in force at the time of discharge/invalidment/ death.
16. Any overpayment of pension coming to the notice or under process of recovery shall be adjusted in full by the Pension Disbursing Agencies against arrears becoming due on revision of pension on the basis of these orders.
METHODOLOGY FOR REPORTING
17. An intimation regarding disbursement of revised pension shall be furnished by the Pension Disbursing Agencies to the Office of the Pr. CDA(P) Allahabad in the format prescribed as Annexure-B to this letter in the following month in which revision takes place. PDAs shall also ensure that an intimation regarding revision of pension is invariably conveyed to the pensioners concerned for their information irrespective of the fact the same is beneficial to them or not. The Public Sector Banks who are disbursing defence pension through Central Pension Processing Centres (CPPC), the progress report shall be furnished by the CPPC of the bank directly to the office of the PCDA (Pensions) Allahabad through electronic scrolls.
18. All other terms and conditions which are not affected by this order shall remain unchanged.
19. This issues with concurrence of Finance Division of this Ministry vide their ID No PC.1 to 10(11)/2012/FIN/PEN dated 2.2.2016 .
(Manoj Sinha)
Under Secretary to the Govt. of India
Action against subletting of General Pool Residential Accommodation & Garage and misuse of Garage by the allottees.
No.12035/4/2014-Pol.II
Government of India
Ministry of Urban Development
Directorate of Estates
Nirman Bhawan
New Delhi-110108.
Dated the 18th January, 2016
Subject:- Action against subletting of General Pool Residential Accommodation & Garage and misuse of Garage by the allottees.
It is to inform that substantially large number of cases of subletting of General Pool Residential Accommodation (GPRA) & Garages and misuse of Garages by the allottees have been found in Central Government Residential colonies in Delhi and other places in the country. The Directorate of Estates has been inspecting Government colonies and recommending all administrative authorities/offices to take disciplinary action against the allottees, who are found to be subletting residential accommodation and garages.
2. It is also found that some of the allottees of general pool residential accommodation misuse the allotted garage, for purposes other than the purpose for which the garage has been provided to them. This also gives rise to unhygienic atmosphere and may involve antisocial elements in the Government colonies and thus, pose security threats.
3. In order to curb the menace of subletting of general pool residential accommodation & Garage, the SR 317-B-20 and SR 317-B-21 of the Allotment of Government Residences(General Pool in Delhi) Rules, 1963 were amended recently. As per these amendments, no officer shall share the residence allotted to him or any of the out-houses, garages and stables appurtenant thereto except with his family and immediate relations. Such out-houses, garages, stables and servant quarters shall be used only for bonafide purposes. If an officer sublets a residence allotted to him or any portion thereof or any of the out-houses, garages or stable appurtenant thereto, he/she may without prejudice to any other action that may be taken against him/her, be charged such damages from the date of inspection by the Directorate of Estates, as may be determined by the Central Government from time to time.
4. By these amendments, the provision of sharing of accommodation has been totally withdrawn and the allottee shall reside with his family and immediate relations only. In case, subletting is proved against an allottee, double the rate of damages are to be imposed from the date of inspection apart from major penalty proceedings under CCS(CCA) Rules 1965 for violation of CCS(Conduct) Rules, 1964 and breach of rules and conditions of the Allotment of Government Residences(General Pool in Delhi) Rules, 1963, which could lead to dismissal from service.
5. Therefore, it is felt that there is a need to bring awareness on ill effects of subletting of GPRA & Garages among the existing allottees of GPRA as well as among prospective allottees of GPRA. The Ministries and Departments of Government of India are requested to make wide circulation of this Circular among their employees and the employees of their Attached and Subordinate offices on the repercussion of subletting of GPRA & Garages and misuse of Garages, so that no allottee of GPRA shall indulge in such illegal activities.
6. CPWD is also requested to give wide publicity of this circular among the allottees in Government colonies in all places through their respective Service Centres.
(Swarnali Banerjee)
Deputy Director of Estates(Policy)
Recommendations of the Seventh Pay Commission – Comments – regarding
F. No.4/45/2015-JCA-2 Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training Establishment (JCA – 2) Section
North Block, New Delhi, Date January 25 2016
Shri Shiv Gopal Mishra
Secretary
National Council (Staff Side)
Joint Consultative Machinery for Central Government Employees
13-C, Ferozshah Road, New Delhi 110 001
Subject: Recommendations of the Seventh Pay Commission – Comments -regarding
Sir
Please find attached the extracts of para-9.2.19 on the above Report on `Gazetted and Restricted Holidays. The Commission has expressed opinion that the present system is working well and has recommended status-quo.
2. It is requested that your comments in this matter may please be provided to this Department, preferably by 05.02.2016, so that a view can be taken.
Yours faithfully
(G. Srinivasan)
Deputy Secretary to Government of India
Report of the Seventh CPC
Furlough Leave
9.2.18 This leave is admissible only to defence officers for up to 60 days. It can be availed at half pay, once in a cycle of three calendar years. No demands have been received regarding this leave. However, the Commission is of the view that Furlough Leave is a legacy of the pre-Independence era. Since defence officers are already entitled to double the Earned Leave and more than double the Casual Leave available to civilian employees, there is no justification for continuation of Furlough Leave. Hence, it is recommended that Furlough Leave be abolished.
Gazetted and Restricted Holidays
9.2.19 Besides the three National Holidays, employees are presently entitled to 14 Gazetted and 2 Restricted holidays every year. Out of the 14 Gazetted holidays, 11 are observed throughout India, while 3 are decided locally. For Restricted holidays, a list is drawn up at the local level taking local factors into consideration; employee is entitled to choose anytwoin a year out of that list. There are demands to include May Day and 14th April as compulsory holidays throughout India. Suggestions have also been received to increase the number of locally decided Gazetted Holidays from 3 to 6.
Analysis and Recommendations
9.2.20 The Commission is of the view that the present system is working well. Accordingly, status quo is recommended.
Half Pay Leave (HPL) or Leave on Half Average Pay (LHAP)
9.2.21 Presently, government employees are entitled to 20 days of Half Pay Leave for each completed year of service, credited @l0 days on the 1st of January and 1st of July every year. There are representations that encashment of HPL should be allowed at the time of superannuation.
Analysis and Recommendations
9.2.22 The demands lack merit. Elsewhere in the report it has been recommended that 20 days HPL granted to “Vacational” staff be converted into 10 days EL. Hence, HPL will henceforth not be available to them. No change other than this is recommended.
Hospital Leave
9.2.23 This leave is granted to Group ‘C’ Railway employees if they are suffering from illness or injuries directly due to risks incurred in the course of official duties, on production of medical certificate. Full pay is admissible for first 120 days and half pay thereafter. The leave may be combined with any other kind of leave due and admissible, provided total period of leave does not exceed 28 months. Demands have been received to increase this leave to an unlimited period of time as applicable to PBORs of defence forces.
Basic pension of Group ‘C” and ‘D’ retirees of Major Port Trusts & Dock Labour Board to increase by 5.69 %.
In a major relief to the Group ‘C’ and ‘D’ retirees of Major Port Trusts & Dock Labour Board, the Ministry of Shipping has approved the increase in the basic pension by 5.69% in respect of Group ‘C’ and ‘D’ retirees who had retired between 1.1.2007 and 31.12.2011.
This decision has fulfilled the long standing demand of various Labour Federations and retirees for enhancing the basic pension by 5.69% and allowing the dearness relief on such enhanced pension which was not available earlier.
Consumer Price Index for Industrial Workers (CPI-IW) – December, 2015
The All-India CPI-IW for December, 2015 decreased by 1 point and pegged at 269 (two hundred and sixty nine). On 1-month percentage change, it decreased by (-) 0.37 per cent between November and December, 2015 which was static between the same two months a year ago.
The maximum downward pressure to the change in current index came from Food group contributing (-) 1.36 percentage points to the total change. At item level, Arhar Dal, Masur Dal, Moong Dal, Onion, Potato, Tomato, Peas and other Green Vegetables & Fruit items, Petrol, etc. are responsible for the fall in index. However, this decrease was checked by Rice, Wheat, Wheat Ana, Fish Fresh, Eggs (Hen), Poultry (Chicken), Goat Meat, Milk (Buffalo), ESI Contribution, Rail Fare, Barber Charges, Flower/FIower Garlands, etc., putting downward pressure on the index.
The year-on-year inflation measured by monthly CPI-IW stood at 6.32 per cent for December, 2015 as compared to 6.72 per cent for the previous month and 5.86 per cent during the corresponding month of the previous year. Similarly, the Food inflation stood at 7.94 per cent against 7.86 per cent of the previous month and 5.73 per cent during the corresponding month of the previous year.
At centre level, Ludhiana reported the maximum decrease of 7 points followed by Ahmedabad and Rourkela (6 points each), Tripura, Varanasi, Lucknow and Kodarma (5points each). Among others, 4 points decrease was observed in 9 centres, 3 points in 4 centres, 2 points in 11 centres and 1 point in 12 centres. On the contrary, Quilon recorded a highest increase of 7 points followed by Warangal (4 points), and Rangapara-Tezpur, Chhindwara and Mundakkayam (3 points each). Among others, 2 points increase was observed in 5 centres and 1 point in 9 centres. Rest of the 16 centres’ indices remained stationary.
The indices of 37 centres are above A11-India Index and other 40 centres’ indices are below national average. The index of Jabalpur centre remained at par with All-India Index.
The next issue of CPI-IW for the month of January, 2016 will be released on Monday, 29th February, 2016. The same will also be available on the office website www.labourbureaunew.gov. in.
Meeting of Nodal officers of various Departments on 2.2.2016 for 7th CPC recommendations implementation
Most Immediate
F.No.1-1/2016- IC
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, 29.1.2016 Meeting Notice
Subject: Meeting of Nodal officers of various Departments – implementation of the recommendations of the 7th CPC— Issues on way ahead.
In order to process the recommendations of the 7th Central Pay Commission, the Cabinet has approved setting up of an Empowered Committee of Secretaries chaired by the Cabinet Secretary. Accordingly, the ECOS has been set up as per this Ministry’s OM No. 1-4/2015/EIII-A dt. 27.1.2016 (copy placed on the website of this Ministry, viz, www.finmin.nic.in).
2. As provided in the said OM dt. 271.2016, the Implementation Cell created in this Ministry shall work as the Secretariat for the ECOS.
3.This Ministry has already requested all the Ministries/Departments vide DO letter No. 1-4/2015/EIII.A dt. 21.11.2015 from J5(Pers) addressed to all the Secretaries to nominate a nodal officer at the level of a Joint Secretary to interact with the Implementation Cell during the curse of processing of the recommendations of the 7th CPC.
4. Accordingly, Joint Secretary (Implementation Cell) shall take a meeting of all the Nodal Officers of the Ministries/Departments on 2.2.2016 at 11.00 a.m. in Conference Hall (R. No. 72), North Block, New Delhi to discuss the relevant issues in connection with the processing of the recommendations of the 7th CPC and to concretise the points of action pertaining to all the Ministries/Departments in general and also in regard to specific issues concerning individual Ministries/Departments with a view to enabling an effective, holistic and quicker processing of the recommendations of the 7th CPC and for submission of the matter before the ECOS.
5. As this is the first meeting of the Nodal Officers to formulate the action points on the way ahead on processing of the recommendations of the 7th CPC, it is requested that the concerned nodal officers may kindly make it convenient to attend the meeting
(Amar Nath Singh)
Deputy Secretary to the Government of India
Promotion of Govt.Servants exonerated after retirement
No.22011/3/2013-Estt (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi
Dated 25-01-2016
OFFICE MEMORANDUM
Subject:- Promotion of Govt.Servants exonerated after retirement – Procedure and Guidelines to be followed – Regarding.
The undersigned is directed to invite reference to the Department of Personnel and Training Office Memorandum No.22011/4/91-Estt(A) dated 14th September, 1992 regarding procedure and guidelines to be followed by DPC in respect of Government servants against whom disciplinary/court proceedings are pending or whose conduct is under investigation. In case the Government servant is covered under any of the three conditions as mentioned in Para 2 of OM dated 14.09.1992, the recommendations of the DPC are to be kept in ‘sealed cover’ and subsequent action regarding opening of sealed cover will depend on the outcome of the disciplinary/criminal proceedings.
2. If on conclusion of the disciplinary/ criminal proceedings, the Government servant is exonerated, the procedure prescribed in para 3 of the OM dated 14-9-1992 is to be followed. This provides as under:-
“On the conclusion of the disciplinary case/criminal prosecution which results in dropping of allegations against the Govt. servant, the sealed cover or covers shall be opened. In case the Government servant is completely exonerated the due date of his promotion will be determined with reference to the position assigned to him in the findings kept in the sealed cover/covers and with reference to the date of promotion of his next junior on the basis of such position. The Government servant may be promoted, if necessary, by reverting the junior most officiating person. He may be promoted notionally with reference to the date of promotion of his junior. However, whether the officer concerned will be entitled to any arrears of pay for the period of notional promotion preceding the date of actual promotion, and if so to what extent, will be decided by the appointing authority by taking into consideration all the facts and circumstances of the disciplinary proceedings/criminal prosecution. Where the authority denies arrears of salary or part of it, it will record its reasons for doing so. It is not possible to anticipate and enumerate exhaustively all the circumstances under which such denials of arrears of salary or part of it may become necessary. However, there may be cases where the proceedings, whether disciplinary or criminal, are, for example delayed at the instance of the employee or the clearance in the disciplinary proceedings or acquittal in the criminal proceedings is with benefit of doubt or on account of non-availability of evidence due to the acts attributable to the employee etc. These are only some of the circumstances where such denial can be justified.”
3. The applicability of above provisions in so far as it relates to cases where the Government Servant, who has retired by the time he is exonerated of all the charges has been considered in respect of the following cases:
i. Where the promotion order pertaining to the relevant DPC has been issued and the officers empanelled have assumed charge prior to the date of superannuation of the retired Government Servant; and
ii. The retired Government Servant would have been is service and assumed charge of the post had the disciplinary proceeding not been initiated against him/her.
4. It has been decided in consultation with the Department of Expenditure, Department of Pensions & Pensioners’ Welfare and the Department of Legal Affairs that notional promotion and payment of arrears of pay, if any, for the period of notional promotion till the date of retirement, to such a retired Government Servant if found fit on opening of the sealed cover is to be decided by the Appointing authority in terms of para 3 of OM No.22011/4/91-Estt.(A) dated 14.9.1992.
5. A retired Government employee who is considered for notional promotion from the date of promotion of his next junior after opeing of the sealed cover would also be entitled to fixation of pension on the basis of such notional pay on his notional promotion.
6. The provisions contained in this Office Memorandum shall become operational from the date of issue of this Office Memorandum. Past cases settled in accordance with the earlier provisions shall not be reopened.
