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Amendment to CCS (Leave) Rules, 1972 – Persons with Disabilities Act, 1995

By
igeadmin
-

No.18017/1/2014-Estt(L)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi, the 25thFebruary, 2015

OFFICE MEMORANDUM

Subject: Amendment to Central Civil Service (Leave) Rules, 1972 – Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act, 1995)-regarding

The Central Civil Services (Leave) Rules, 1972 were amended vide the Department of Personnel and Training Notification No. 13026/1/2002-Est(L) dated the 15/16th January, 2004 consequent to the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act, 1995) which came into force from 7th February, 1996.

2. Section 47 of the PWD Act, 1995 provides that services of no employee can be terminated nor can he be reduced in rank in case the employee has acquired a disability during his service. The first proviso to the Section 47 lays down that if such an employee is not suitable for the post he was holding, he could be shifted to some other post. However, his pay and service benefits would be protected. The second proviso provides that if it is not possible to adjust such an employee against any post, he would be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. Further, the Clause (2) of Section 47 provides that no promotion shall be denied to a person merely on ground of his disability. In Kunal Singh v. Union of India, [2003] 4 SCC 524, Hon’ble Supreme Court has observed that the very frame and contents of Section 47 of the PWD Act, 1995 clearly indicate its mandatory nature.

3. The issues relating to leave or absence of Government servants who have acquired a disability while in service are required to be dealt with in the light of the provisions of the Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The case of a disabled government servant who is declared fit to resume duty but who may not able to perform the duties of the post he was holding earlier may be dealt with as per the first proviso to Section 47 of the PWD Act, 1995. The second proviso shall apply if it is not possible to adjust him against any existing post. In all such cases, the Government servant so adjusted shall be entitled to the pay scale and other service benefits attached to the post he was holding.

4. A disabled Government servant who is not fit to return to duty shall be adjusted as per second proviso to the Section 47 mentioned above, until he is declared fit to resume duty or attains the age of superannuation whichever is earlier, with the same pay scale and service benefits. On being declared fit for resuming duty, the Government servant who is not fit for the post he is holding, may be adjusted as per the first proviso to Section 47.

5. Leave applied on medical certificate in connection with disability should not be refused or revoked without reference to a Medical Authority, whose advice shall be binding. The ceiling on maximum permissible leave laid down in Rule 12 may not be applied to leave on medical certificate applied in connection with the disability. Any leave debited for the period after a Government servant is declared incapacitated shall be remitted back into his/her leave account.

6. For a government servant who is unable to submit an application or medical certificate on account of disability, an application/medical certificate submitted by a family member may be accepted. The provisions relating to examination of disabled Government servants and the Medical Authorities competent to issue such certificates are also being amended.

7. Necessary amendments to the Central Civil Services (Leave) Rules, 1972 are being notified separately.

(Mukesh Chaturvedi)
Director

Original DOPT Order : Click here

Married son can be considered for compassionate appointment

By
igeadmin
-

Department of Personnel & Training

Establishment ‘D’ Section

Frequently Asked Questions (FAQs) on Compassionate Appointment

Definition of a Dependent Family Member

S.No. 60

Whether ‘married son’ can be considered for compassionate appointment?

Yes, if he otherwise fulfils all the other requirements of the Scheme i.e. he is otherwise eligible and fulfils the criteria laid down in this Department’s O.M. dated 16th January, 2013. This would be effective from the date of issue of this FAQ viz. 25th February, 2015 and the cases of compassionate appointment already settled w.r.t. the FAQs dated 30th May, 2013, may not be reopened. Sr.No.13 of the FAQs dated 30th May, 2013 may be deemed to have been modified to this extent

(Rakesh Moza)
Under Secretary to the Government of India

Original DOPT Order : Click here

Implementation of One Rank One Pension Scheme

By
igeadmin
-

The principle of One Rank One Pension for the Armed Forces has been accepted by the Government. The modalities for implementation have been discussed with various stakeholders and are presently under consideration of the Government. It will be implemented once the modalities are approved by the Government.

This information was given by Minister of State for Defence Shri Rao Inderjit Singh in a written reply to Shri Avinash Rai Khannain Rajya Sabha today.

– PIB

Free AIR Tickets to AI Personnel

By
igeadmin
-

There is a passage scheme prevailing in Air India which is in accordance with the industry practice, and International Air Transport Association (IATA) resolution 788. The Board of Air India has approved Passage Resolutions for the Company which provides 8 to 24 free/concessional passage per year for its employees and their families, subject to availability of seats and the number of years of service of the employees. The holders of all staff tickets are accepted for travel in the aircraft only after all the revenue paying passengers are accommodated. There is no expenditure incurred/likely to be incurred on the same by the Company. Further, employees have to bear the cost of all applicable Taxes like Passenger Service Fee and User Development Fee, Airport Tax etc.

The entitlements of passages and definition of family and taking into account the IATA Resolution 788 of Interline, Common Industry practice, the Board of Directors of Air India approved revised passage regulation which were implemented on 01.10.2013.

Passage Policy for employees of Air India is a part of their Service Regulation and is approved by the Board of Directors of Air India. This information was given by Minister of State for Civil Aviation, Dr. Mahesh Sharma in a written reply in Rajya Sabha today

– PIB

7th Pay Commission has invited National Council JCM/Staff side for a meeting on 25th Feb 2015

By
igeadmin
-

MEENA AGARWAL
SECRETARY

GOVENMENT OF INDIA
SEVENTH CENTRAL PAY COMMISSION

D.O. No. 7CPC/158/Meetings/2015

18th February, 2015

Dear

The Seventh Central Pay Commission has, from the time of its constitution, engaged with a variety of stakeholders on issues which it has been mandated to cover in accordance with its terms of reference. Based on the wide ranging interaction the Commission has had in the recent months, certain broad issues have emerged before the Commission. The Commission has also been seeking from individual Ministries/Departments their views on the issues posed, in relation to matters that are relevant to the Ministries.

The Commission has had the occasion to interact with the National Council and its constituents in May 2014. Before the Commission firms up its views on the major issues it is mandated to cover, a discussion with the National Council would be very useful

Accordingly, a meeting of the National Council with the 7th Central Pay Commission has been scheduled at 11.00 am on 25 February, 2015, in the Conference Room, 1st floor, B-14/A, Chatrapati Shivaji Bhawan, Qutub Institutional . – Area, New Delhi

Yours sincerely,
(Meena Agarwal)

Shri Shiv Gopal Mishra
Secretary
National Council (Staff Side)
Joint Consultative Machinery for
Central Government Employees
13-C, Ferozshah Road,
New Delhi – 110001

Source : ncmjcmstaffside.com

Inclusion of Non-Practicing Allowance (NPA) in revision of pension of retired medical officers – Revision of pension of pre-2006 pensioners

By
igeadmin
-

No.38/31/11 – P&PW(A)(Vol.IV)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and P.W

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi.
Dated the 18th February, 2015

OFFICE MEMORANDUM

Subject :- Revision of pension of pre-2006 pensioners – inclusion of Non-Practicing Allowance (NPA) in revision of pension of retired medical officers

The undersigned is directed to say that in accordance with para 4.2 of this Department’s OM No.38/37/08-P&PW(A) dated 1.9.2008 (as clarified vide OM dated 3.10.2008 and 14.10.2008), the revised pension of pre-2006 pensioners shall, in no case, be lower than fifty per cent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. In the case of HAG and above scales, this will be fifty per cent of the minimum of the revised pay scale. Further, in accordance with OM No.38/37/08-P&PW(A) dated 28.1.2013, the normal pension in respect of pre-2006 pensioners/family pensioners as revised w.e.f. 1.1.2006 in terms of para 4.1 or para 4.2 of the aforesaid OM dated 1.9.2008 would also be further stepped up w.e.f. 24.9.2012 to 50% of the sum of minimum of pay in the pay band and the grade pay corresponding to the pre-revised pay scale in which the Government servant had retired, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No.1/1/2008-IC dated 30th August, 2008. In the case of HAG and above scales, this will be 50% of the minimum of the pay in the revised pay scale arrived at with reference to the fitment tables annexed to the above OM dated 30.8.2008 of Ministry of Finance (Department of Expenditure).

2. In its judgment dated 27.11.2013 in Civil Appeal No.10640-46/2013 and other connected matters, Hon’ble Supreme Court observed that in accordance with Ministry of Health and Family Welfare’s OM No.45012/11/97-CHS.V dated 7.4.1998, NPA counts as pay for all service benefits including retirement benefits. In implementation of the aforesaid judgement of Hon’ble Supreme Court, orders have been issued vide this Department’s OM No.38/31/11-P&PW(A)(Vol.IV) dated 14.10.2014 read with OM dated 21.10.2014 that in the case of pre-1996 retired medical officers, NPA @ 25% shall be added to the minimum of the revised scale of pay as on 1.1.1996 corresponding to the pre-1996 pay scales from which the pensioner had retired, in cases where consolidated pension/family pension was to be stepped up to 50% / 30% respectively of the minimum of revised pay-scale in terms of OM No.45/10198-P&PW(A) dated 17.12.1998 read with OM No.45/86/97-P&PW(A) (Pt.) dated 11.5.2001.

3. In this Department’s OM of even number dated 14.7.2009, it was clarified that in the case of pre-2006 pensioners, Non-Practicing Allowance is not to be added to the minimum of the revised pay band+Grade Pay/revised pay scale in cases where consolidated pension/family pension as on 1.1.2006 is to be stepped up to 50% / 30% respectively in terms of para 4.2 of Department of Pension & Pensioners’ Welfare OM No.38/37/08-P&PW(A) dated 1.9.2008 (as clarified vide OM dated 3.10.2008 and 14.10.2008).

4. In the OM No. A.45012/2/2008-CHS.V dated 29.9.2008 of Ministry of Health & FW, it is provided that NPA will be treated as pay for the purpose of computing Dearness Allowance, entitlement of Travelling Allowance and other allowances as well as for calculation of retirement benefits. Therefore, the ratio of the said judgement dated 27.11.2013 in CA No.10640-46/2013 would be applicable for revision of pension/family pension of pre-2006 retired civilian medical officers w.e.f. 1.1.2006 also. Accordingly, the OM dated 38/37/08-P&PW(A) dated 14.7.2009 is hereby withdrawn. In the case of pre-2006 retired medical officers, NPA @ 25% would be required to be added to the minimum of the pay in the revised pay band plus grade pay (or minimum of pay in the revised pay scale in the case of HAG and above) as on 1.1.2006 corresponding to the pre-revised pay scale from which they retired, in cases where pension family pension is to be stepped up to 50%130% of the minimum pay respectively.

5. Similarly, for revision of pension family pension w.e.f. 24.9.2012 in terms of OM dated 28.1.2013, NPA @ 25% would be required to be added to the minimum of the pay in the revised pay band plus grade pay (or minimum of pay in the revised pay scale in the case of HAG and above) corresponding to the pre-revised pay scale from which they retired as arrived at with reference to the fitment table annexed to the Department of Expenditure’s OM dated 30.8.2008 subject to the condition that the basic pay plus NPA does not exceed Rs.85,000/- .

6. This issues with the approval of Ministry of Finance, Department of Expenditure vide their I.D. No. 7211E-V/2014 dated 2.1.2015 and Ministry of Law F.No.213/Advice’A’/2015 dated 29.1.2015.

7. Hindi version will follow.

(Tripti P. Ghosh)
Director

Original Order : Click here

Exemption from Physical Appearance for the Purpose of Life Certificate

By
igeadmin
-

Government of India
Ministry of Finance
Department of Expenditure
Central Pension Accounting Office
Trikoot-II, Bhikaji Cama Place
New Delhi – 110 066

No. CPAO/Tech/Life Certificate/2014-15/31-72

Dated 30.01.2015

OFFICE MEMORANDUM

Sub: Exemption from Physical Appearance for the Purpose of Life Certificate

Department of Pension & Pensioners’ Welfare in its agenda points for the ensuing SCOVA meeting on 03.02.2015 circulated vide their U.M. No. 42/39/2014-P&PW(G) dated 27.01.2015, has raised the issue of non-adherence of extant Rules with regard to submission of Life Certificate by authorized banks. It has been reported to the Department that some bank branches are insisting on personal appearance of pensioners for submission of Life Certificate alongwith PPOs.

2. Attention is invited to the amendment to the “Scheme for Payment of Pension to Central Government Civil Pensioners by Authorized Banks”, issued vide Correction Slip No. 14. The Correction Slip No. 14 facilitates the pensioners to exempt to appear physically in the bank for the purpose of Life Certificate in November every year subject to the condition that the Life Certificate must be signed by any of the authority specified in the Correction Slip No. 14 (copy enclosed).

3. Moreover, as a part of Prime Minister’s Mission “Digital India” and with the development of software application by Depth of Information Technology circulated as Correction Slip No. 22 to the “Scheme for Payment of Pension to Central Government Civil Pensioners by Authorized Banks”, the pensioners can prove their existence through Aadhaar based authentication of Life Certificate.

4. In the light of above, the Pension Account Holding Branches (PAHBs) of all authorized banks may be instructed to strictly adhere to the existing norms and do not harass the pensioners/family pensioners by insisting upon presenting themselves physically in the bank if their Life Certificate is submitted duly signed by the authority specified in Correction Slip No. 14 to the “Scheme for Payment of Pension to Central Government Civil Pensioners by Authorized Banks” including Aadhaar based authentication of Life Certificate.

Encls: as above

(D.K. Saini)
Sr. Accounts Officer

Original Order : Click here

ICAR cash award scheme for Administrative / Technical / Supporting category employees

By
igeadmin
-

INDIAN COUNCIL OF AGRICULTURAL RESEARCH
KRISHI BHAWAN: NEW DELHI-110001
F.No.29-1/2015 S-A.C.

Dated 2 February 2015

Sub: Cash Award Scheme for Administrative/Technical/Supporting category employees of ICAR Research Institutes / NRCs/Bureaus/ZCUs/HQ/HQ

It had been decided by the Competent Authority that the Council shall have Cash Award Schemes for its administrative, technical and supporting cadre employees separately. Details of award scheme for each category of these employees alongwith prescribed nomination form are annexed. It can also be downloaded from the ICAR’s website (www.icar.org.in). The candidates are required to submit seven copies of applications alongwith their contact details, Bank Account No., Bank Address, IFSC Code and PAN No., failing which the application will not be considered. The applications should be sent to Dr. Shiv Prasad Kimothi, Assistant Director General (Coordination), ICAR, Room No. 502, Krishi Bhawan, Dr.Rajendra Prasad Road, New Delhi- 110 001 so as to reach him on or before 15.3.2015. In all matters relating to the award the decision or the Council shall be final and no correspondence on this account will be entertained.

(SHIV PRASAD KIMOTHI)
ADG (Coord.)

Original Order : Click here

Rule 5 of Railway Servants (Discipline and appeal) Rules, 1968 – Instructions regarding timely review of suspension

By
igeadmin
-

RBE No. 12/2015

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. E(D&A) 2014 RG6-35

New Delhi, 18.02.2015

The General Manager(P)
All Indian Railways and
Production Units etc.
(As per standard list).

Sub: Rule 5 of Railway Servants (Discipline and appeal) Rules, 1968 – Instructions regarding timely review of suspension

…..

Rule 5 of the Railway Servants (Discipline and appeal) Rules, 1968 deals with the provisions of suspension. As per the rule, a Railway servant may be placed under suspension in the following circumstances:

(a) where a disciplinary proceeding against him is contemplated or is pending; or

(b) where, in the opinion of the authority competent to place a Railway servant under suspension, he has engaged himself in activities prejudicial to the interest of the security of the state; or

(c) where a case against him in respect of any criminal offence, is under investigation, inquiry or trial.

2. A Disciplinary Authority may also consider it appropriate to place a Railway servant under suspension in the following circumstances. These are only intended for guidance and should not be taken as mandatory:-

(i) Cases where continuance in office of the Railway servant will prejudice the investigation, trial or any inquiry (e.g. apprehended tampering with witnesses or documents);

(ii) where the continuance in office of the Railway servant is likely to seriously subvert discipline in the office in which the Railway servant is working;

(iii) where the continuance in office of the Railway servant will be against the wider public interest [other than those covered by (i) and (ii)] such as there is public scandal and it is necessary to place the Railway servant under suspension to demonstrate the policy of the Government to deal strictly with officers involved in such scandals, particularly corruption;

(iv) where allegations have been made against the Railway servant and preliminary inquiry has revealed that a prima facie case is made out which would justify his prosecution or his being proceeded against in departmental proceedings, and where the proceedings are likely to end in his conviction and/or dismissal, removal or compulsory retirement from service.

3. In the first three circumstances the Disciplinary Authority may exercise his discretion to place a Railway servant under suspension even when the case is under investigation and before a prima facie case has been established. Suspension may be desirable in the circumstances indicated below:-

(i) any offence or conduct involving moral turpitude;

(ii) corruption, embezzlement or misappropriation of Government money, possession of disproportionate assets, misuse of official powers for personal gain;

(iii) serious negligence and dereliction of duty resulting in considerable loss to Railways;

(iv) desertion of duty;

(v) refusal or deliberate failure to carry out written orders of superior officers. In respect of the types of misdemeanor specified in sub-clauses (iii) to (v) herein above, discretion has to be exercised with care.

4. Rules 5(6) and 5(7) of RS(D&A) Rules, 1968, deal with the review of suspension cases. The provision of review within ninety days is applicable to all types of suspensions. However, in cases of continued detention, the review becomes a mere formality with no consequences as a Railway servant in such a situation has to be continued to be kept under deemed suspension. A review of suspension is not necessary in such cases during this period. Therefore, in all such cases the first review of suspension becomes due on completion of ninety days counting from the date, the Railway servant was released from detention, unless suspension has already been revoked. Subsequent reviews shall become due before completion of currently continuing period of suspension. During each such review, suspension can be extended for a period not exceeding 180 days at a time.

5. It has come to notice that in cases of prolonged suspension period, the courts have pointed out that the suspension cannot be continued for long and that inspite of Railway Board’s instructions, the Disciplinary Authorities are not finalizing the disciplinary proceedings within stipulated time. Also, in such cases the Railway is unnecessarily paying subsistence allowance without extracting any work and if, on the culmination of the disciplinary proceedings, the charged officer is exonerated from the charges, the Railway has to unnecessarily pay the full salary and treat the period of suspension as on duty etc. It is therefore, desirable that timely review of suspension is conducted in a just and proper manner and that the disciplinary proceedings are finalized expeditiously.

6. The zonal Railways etc. may bring the existing instructions on timely review of suspension and expeditious completion of disciplinary proceedings to the notice of all concerned.

7. Please acknowledge receipt.

(S. Modi)
Dy. Director Estt. (D&A)
Railway Board

Importance of following the due process in disciplinary proceedings

By
igeadmin
-

F. No. 11012/3/2015-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
*****

North Block, New Delhi
Dated February 18, 2015

OFFICE MEMORANDUM

Subject: Importance of following the due process in disciplinary proceedings — regarding

This Department has been emphasising the necessity of conforming with the procedures prescribed in the Central Civil Services (Classification, Control & Appeal) Rules, 1965 [CCS(CCA) Rules, 1965] while dealing with the disciplinary proceedings conducted in Ministries/ Departments. Many a times the Hon’ble Administrative Tribunals and Courts have held the proceedings non-est for non-conformity of the procedure, without even going into the merits of the case. This issue was highlighted recently in the judgement of the Hon’ble Supreme Court in the B. V. Gopinath case in SLP No. 6348/2011.

2. Procedural lapses have also been noticed in a few cases referred to this Department for advice. Two areas where procedural lapses are frequently noticed are: (i) not following the procedure prescribed in Rule 14(18) of CCS (CCA) Rules, 1965 while conducting the disciplinary inquiry; and (ii) not following the procedures laid down in Rule 9 of CCS(Pension) Rules, 1972 in the case of proceedings against retired Government servants.

3. Rule 14(18) of CCS (CCA) Rules, 1965, provides that, “the inquiring authority may, after the Government servant closes his case, and shall, if the Government servant has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the Government servant to explain any circumstances appearing in the evidence against him.”. This is a formal action required to be taken by the inquiry officer before closing the inquiry. It has been seen that many a times this is not formally recorded and the inquiry gets vitiated. It is imperative that the inquiry is conducted strictly in accordance with the procedures prescribed.

4. Attention is also invited to Rule 9 of the Central Civil Services (Pension) Rules, 1972, while lays down that the departmental proceedings, if instituted while the Government servant was in service, whether before his/her retirement or during his re-employment, shall, after his/her final retirement, be deemed to be proceedings under the rule and shall be continued and concluded by the authority which commenced them, in the same manner as if the Government servant had continued in service. This rule also stipulates that where the departmental proceeding is instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President.

5. All Ministries / Departments are requested to please bring to the attention of all concerned the necessity of conforming to the procedures prescribed for conducting departmental proceedings.

6. In this regard, attention is also invited to the ISTM publication ‘Handbook for Inquiry Officers & Disciplinary Authorities, 2013’, which can be used as a reference guide in such matters. The Handbook may be accessed under ‘Publications/Reports’ on this Department’s website: http://persrnin.nic.in/DOPT.asp.

(J.A. Vaidyanathan)
Director (E)

Original DOPT Order : Click here

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