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DOPT Orders 2014 – Amendment of Recruitment Rules/Service Rules

No.AB.14017/61/2008-Estt. (RR)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi

Dated :the March 25, 2014

OFFICE MEMORANDUM

Subject: Amendment of Recruitment Rules/Service Rules -regarding.

The UPSC has undertaken an analysis with respect to the Ministries/Departments from whom RR proposals have either rarely been received or not received at all in the Commission during the last three years. From the aforesaid analysis the following conclusions have been drawn by UPSC:

i) There are cases where the Ministries were granted approval by the Commission for filling up the post as a one-time measure, pending finalization of recruitment rules. However, the Ministries have not framed the recruitment rules of such posts as a follow up to the same.

ii) Recruitment Rules are not being amended on a regular basis (every five years) as required as per the norms of DoPT.

iii) Instances have been noticed where the regular posts are filled up by the Ministries/Departments themselves without consulting the Commission, by appointing consultant or by making ad-hoc appointments.

iv) Ministries/Departments have not specified the posts which are exempted from consultation with the U.P.S.C. or taken out of the purview of the U.P.S.C.

2. DoPT instructions contained in O.M. No. 39021/5/83-Estt. (B) dated 9th July, 1985 and OM No. AB 14017/79/2006-Estt.(RR) dated 6th September, 2007 provide that where no Recruitment Rules exist or where the existing Recruitment Rules are repealed as per the prescribed procedure, the option of approaching the UPSC for suggesting one time method for recruitment to the post would be available. Accordingly, Ministries/Departments are advised to ensure that no ad-hoc appointment should be made in the absence of recruitment rules. In case there are overriding compulsions for filling up any Group A or Group B post in the absence of Recruitment Rules, they should make a reference to the UPSC for deciding the mode of recruitment to fill up the post on regular basis.

3. DoPT guidelines on framing/amendment/ Relaxation of Recruitment Rules dated 31.12.2010 vide Para 3.1.5 provide that the Recruitment Rules should be reviewed once in 5 years with a view to effecting such change as are necessary to bring them in conformity with the changed position, including additions to or reductions in the strength of the lower and higher level posts. Further, consequent upon the implementation of 6th CPC recommendations, DoPT vide OM dated 24.3.2009 issued instructions to all the Ministries/Departments to initiate action to amend the existing Service Rules/Recruitment Rules in view of the revised pay structure/merger of pre-revised pay scales/up-gradation etc.

UPSC has observed that many Ministries/Departments are not adhering to these instructions and requisitions are being received from them to operate recruitment rules notified even twenty five years ago. Ministries/Departments are, therefore, once again directed to effect necessary amendments to the Recruitment Rules/Service Rules after following the due procedure of furnishing proposals to the Department of Personnel & Training and the UPSC.

4. Ministries/Departments need to ensure that appointment to all posts are effected as per the provisions in the Recruitment Rules which are statutory in nature and adhere to these instructions scrupulously.

(Mukta Goel)
Director (E-I)

Original Order :
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/AB.14017_61_2008-Estt-RR_25032014.pdf

DOPT Orders 2014 – Strengthening of administration — Periodical review under FR 56 / Rule 48 of CCS(Pension) Rules

No.25013/1/2013-Estt (A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi-110 001
Dated : 21st March, 2014

Office Memorandum

Subject : Strengthening of administration — Periodical review under FR 56 / Rule 48 of CCS(Pension) Rules

Instructions exist on the need for periodical review of performance of Government servants with a view to ascertain whether the Government servant should be retained in service or retired from service in the public interest. Provisions in this regard are contained in FR 56 0), FR 56 (I) and Rule 48 (1) (b) of CCS(Pension) Rules, 1972.

2. As per these instructions the cases of Government servant covered by FR 56(j), 56(1) or Rule 48(1) (b) of CCS (Pension) Rules, 1972 should be reviewed six months before he / she attains the age of 50/55 years, in cases covered by FR 56(j) and on completion of 30 years of qualifying service under FR 56(1) / Rule 48 of CCS(Pension) Rules, 1972 as per the following time table:-

SI.
No
Quarter in which review is to be made Cases of employees who will be
attaining the age of 50/55 years or
will be completing 30 years of
service or 30 years of service
qualifying for pension, as the case
may be, in the quarter
1 January to March July to September of the same year
2 April to June October to December of the same year
3 July to September January to March of the next year
4 October to December April to June of the next year

3. The procedure as prescribed from time to time has been consolidated and enclosed as Appendix to this O.M.

4. All Ministries / Departments are requested to follow these instructions and periodically review the cases of Govt. servants as required under FR 56(j)/FR56(1)/Rule
48(1)(b) of CCS (Pension) Rules,1972.

(B.Bandyopadhyay)
Under Secretary to the Government of India

Original Order :
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/25013_1_2013-Estt.A-21032014.pdf

DOPT Orders 2014 – Mobility of personnel amongst Central/State & Autonomous Bodies while working under Pensionable Establishments

F.25014/1/2013-AIS(II)
Government of India
Ministry of Personnel, P.G. and Pension
Department of Personnel & Training

North Block, New Delhi,
Dated: 18/03/2014

To

The Chief Secretaries of
All States/Union Territories.

Sub: Mobility of personnel amongst Central/State & Autonomous Bodies while working under Pensionable Establishments — regarding

Sir,

I am directed to refer to the Department of Pension & Pensionen’ Welfare by its O.M. No. 28/30/2004-P&PW(B) dated 28/10/2009 (copy enclosed) relating to mobility of personnel amongst Central/State and Autonomous bodies while working under Pensionable establishment& The applicability of the provisions/guidelines of the aforesaid O.M. dated 28/10/2009 to members of All India Services who have been appointed on or after 01/01/2004 were considered by this Department and it is clarified that the provisions of the aforesaid O.M. dated 28/10/2009 issued by the Department of Pension & Pensioners’ Welfare in this respect shall be applicable Mutatis-Mutandis to members of All India Service who were a government servant/autonomous body employee appointed on or before 31.12.2003 and who were governed under the old pension non-contributory Pension scheme of their respective Governments/Organizations.

2. Hence, all concerned State/UT Governments and respective cadre controlling authorities’of All India Services may examine and decide such issues subject to verification of service prior to 01.01.2004.

Yours faithfully,

(Manoj Kumar Dwivedi)
Director(Services)

Original Order :
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/25014_1_2013-AIS-II-18032014.pdf

DOPT Order 2014 – Declaration of Holiday on 14th April, 2014 – Birthday of Dr.B.R. Ambedkar

F. No.12/4/2014-JCA-2
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 12th March, 2014.

OFFICE MEMORANDUM

Subject: Declaration of Holiday on 14th April, 2014 – Birthday of Dr.B.R. Ambedkar.

It has been decided to declare Monday, the 14th April 2014, as a Closed Holiday on account of the birthday of Dr. B.R. Ambedkar, for all Central Government Offices including Industrial Establishments throughout India.

2. The above holiday is also being notified in exercise of the powers conferred by Section 25 of the Negotiable Instruments Act, 1881 (26 of
1881).

3. All Ministries/Departments of Government of India may bring the above decision to the notice of all concerned.

(Ashok Kumar)
Deputy Secretary to the Government of India

Original Order :
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/12_4_2014-JCA-2-12032014.pdf

Finmin Orders 2014 – Payment of Transport Allowance to Central Government Employees posted in offices located at Faridabad, Ghaziabad, Gurgaon, and Noida

No. 21/8/2010-E.II (B)
Government of India
Ministry of Finance
Department of Expenditure
*****

North Block, New Delhi
Dated: 7th March, 2014.

OFFICE MEMORANDUM

Subject:- Payment of Transport Allowance to Central Government Employees posted in offices located at Faridabad, Ghaziabad, Gurgaon, and Noida – Order of Hon’ble Central Administrative Tribunal (CAT), Principal Bench, New Delhi in O.A. No. 2080/2012 of ML Rustagi v/s Union of India & Others and 22 OAs (clubbed together) – Matter regarding.

The undersigned is directed to refer to Order dated 4th October, 2013 of Central Administrative Tribunal (CAT), Principal Bench, New Delhi in O.A. No. 2080/2012 of ML Rustagi v/s Union of India & Others and 22 similar OAs (clubbed together) wherein Hon’ble CAT has directed the Ministry of Finance to re-examine the whole issue of payment of Transport Allowance to Central Government Employees posted in offices located at Faridabad, Ghaziabad, Gurgaon and Noida holistically taking into consideration its history starting from the issue of O.M. No. 21(1 )/97-E-ll (B) dated 3.10.1997, the various directions given by the Tribunal from time to time, the arguments advanced by the Applicants in all the OAs for grant of special dispensation to satellite towns with further direction that the decision taken is to be communicated to Ministries/Departments by means of a reasoned order.

2. Accordingly, as directed by Hon’ble CAT, the entire matter has been re-examined ab-initio in this Ministry. It is stated that Central Government Employees posted in offices located at Faridabad, Gurgaon, Ghaziabad and Noida are eligible for Transport Allowance at rates applicable to “Other Places” specified in Ministry of Finance O.M. No. 21 (2)/2008-E.II (B) dated 29.08.2008 and NOT at ‘A-1/A’ class cities rates for the following reasons/grounds:-

(a) The ‘special dispensation’ to certain localities, including Faridabad, Ghaziabad, Gurgaon, and Noida, in the matter of grant of House Rent Allowance (HRA) and City Compensatory Allowance (CCA) were allowed, as special cases, by means of separate orders issued during 1974 to 1990. The ‘special dispensation, allowed grant of HRA & CCA at Delhi rates to employees posted in offices located in Faridabad, Ghaziabad, Gurgaon, and Noida. However, the ‘special dispensation’ was neither based on classification of Faridabad, Ghaziabad, Gurgaon, or Noida as ‘A-1/A’ Class cities nor inclusion of any of these areas into Delhi (UA) for the purpose of HRA and CCA.

(b) The special dispensation in the matter of grant of HRA & CCA at rates applicable to A-1/A, Class cities to certain localities including Faridabad, Ghaziabad, Gurgaon, and Noida has been continued till date in respect of HRA and till 31.08.2008 in the respect of CCA, by making explicit provisions in the orders issued by the Ministry of Finance since 1993.

(c) The concept of Transport Allowance was introduced by the Fifth Central Pay Commission (5th CPC) to defray the cost of commuting between residence and office. The 5th CPC recommended grant of Transport Allowance @ Rs.800, Rs.400 and Rs.100 p.m. for ‘A-1/A’ class cities and @ Rs.400, Rs.200 and Rs.75 p.m. for remaining cities/towns to be classified as ‘Other Places’. The 5th CPC had not specified/ recommended as to what should be the basis for classification of cities/towns as ‘A-1/A’ class cities or ‘Other Places, for the purpose of Transport Allowance. On accepting the recommendation of 5th CPC, order for grant of Transport Allowance was issued vide Ministry of Finance O.M. No. 21(1)/97-E-ll (B) dated 3.10.1997. Though it was decided that the cities classified as ‘A-1? and ‘A’ for the purpose of CCA shall be the same for grant of Transport Allowance also, however, it was not decided to extend the ‘special dispensation’ granted to CCA, in respect of certain localities including Faridabad, Ghaziabad, Gurgaon and Noida, for Transport Allowance.

(d) Clarification in this regard was issued at point No.9 of Ministry of Finance O.M. No.21 (1)/97-E-ll (B) dated 22.02.2002 that the ‘special dispensation’ to some cities was extended in the case of HRA/CCA only, and that it was not applicable for Transport Allowance.

(e) The issue of grant of Transport Allowance at higher rates to employees posted in offices located in Faridabad, Ghaziabad, Gurgaon and Noida were raised in various OAs filed in CAT, in particular OA No. 1270/2005 which was disposed by Order dated 18.11.2005, OA No. 483/2005 along with OA No. 1292/2005 disposed by Order dated 16.09.2005 and OA No.2263/2005 disposed by Order dated 03.01.2006. The Order of CAT dated 16.09.2005 in OA No. 483/2005 was challenged in the Delhi High Court and the matter was admitted as WP (C) No. 2600/2006 of ESIC & Others v/s Joint Action Council Speciality and Doctors wherein the Union of India is being represented through Secretary, Ministry of Labour and Employment. The Hon’ble High Court of Delhi is yet to decide the matter. Hence, the order of CAT allowing grant of Transport Allowance at’A-1/A ‘class cities to employees posted in offices located at Faridabad, Ghaziabad, Gurgaon and Noida is, therefore, sub-judice.

(f) The 6th CPC while recommending CCA to be subsumed in Transport Allowance, did not recommend any special dispensation to be given to any locality in the matter of grant of Transport Allowance. Orders on implementation of the recommendations of the 6th CPC were issued vide Ministry of Finance O.M. No. 21 (2)/2008-E.II (B) dated 29.08.2008 (effective from 01.09.2008) wherein higher rates of Transport Allowance were allowed to ‘A-1/A’ class cities and lower rates to “Other Places”. The names of those 13 cities, to which higher rates of Transport Allowance is admissible, have been explicitly mentioned therein, which do not include Faridabad, Ghaziabad, Gurgaon or Noida. All cities/towns/places other than those 13 specified cities, comes under the classification of ‘Other places’ for the purpose of admissibility of Transport Allowance. Moreover, Delhi (UA) classified as ‘A-1’ class city for CCA purpose does not include the areas of Faridabad, Ghaziabad, Gurgaon and Noida.

3. Therefore, Transport Allowance to Central Government Employees posted in offices located at Faridabad, Ghaziabad, Gurgaon and Noida should be regulated as per the rates applicable to ‘Other Places’ in terms of Ministry of Finance O.M. No. 21 (2)/2008-E.ll (B) dated 29.8.2008.

(Subhash Chand)
Deputy Secretary to the Government of India

Original Order :

http://www.finmin.nic.in/the_ministry/dept_expenditure/notification/ta_ota/TA_OM_FNG07032014.pdf

CGHS Orders 2014 – Renewal of CGHS Plastic Cards

S 11011/1/2014-CGHS (P)
Government of India
Ministry of Health and Family Welfare
Department of Health and Family Welfare
CGHS (Policy) Division

Nirman Bhavan, New Delhi
Dated: the 10th February, 2014

OFFICE MEMORANDUM

Sub: Renewal of CGHS Plastic Cards – reg.

The undersigned is directed to refer to this Ministry’s O.M No.S.11012/3/2011-CGHS (P) dated 29.12.2011 laying down the guidelines for issue of individual plastic cards to CGHS beneficiaries. CGHS Plastic Cards were introduced in September, 2008 in Delhi NCR and the cards were initially issued with a validity period of 5 years. The CGHS Plastic Cards completing their validity period are due for renewal and accordingly fresh cards with renewed validity period are being issued by the Office of Additional Director, CGHS of the city concerned. With a view to further streamline the process of renewal of CGHS Plastic Cards, it has been decided to issue the following guidelines supplementing the existing instructions on issue of CGHS Plastic Cards:

Serving beneficiary

a) Application for renewal of CGHS Plastic Cards in the prescribed proforma (Form AA) alongwith requisite documents (current photographs, copy of pay slip and address proof of residence, if changed), should be submitted through their Administrative Office to the Office of Additional Director, CGHS of the respective CGHS city following the same procedure as prescribed for issue of fresh CGHS card.

b) Fresh CGHS Plastic Cards with same beneficiary ID nos. shall be issued with a validity period of 5 years.

c) Applications for renewal of old plastic cards can be made 3 months in advance prior to its expiry.

Pensioner beneficiary

a) Application for renewal of Pensioners’ CGHS Plastic Cards in the prescribed proforma (Form BB) alongwith requisite documents (current photographs, PPO or LPC, address proof, if changed) should be submitted to the parent CGHS Wefiness Centre where his /her card is registered. He / she can also submit the application to the Office of Additional Director, CGHS of the respective CGHS city for renewal of CGHS cards.

b) Fresh CGHS Plastic Cards with same beneficiary ID nos. shall be issued with validity for lifetime or up to the date for which the contribution has been made by the beneficiary.

c) Applications for renewal of old plastic cards can be made 3 months in advance prior to its expiry.

This issues with the approval of Additional Secretary and Director General, CGHS.

End: Specimen Form AA and Form BB.

(V.P.Singh)
Deputy Secretary to the Government of India

Original Order :

http://msotransparent.nic.in/writereaddata/cghsdata/mainlinkfile/file666.pdf

Finmin Orders 2014 – Gazette Notification of Resolution containing constitution and terms of reference of 7th Central Pay Commission

Ministry Of Finance
(Department of Expenditure)
RESOLUTION
New Delhi, the 28th February,2014

No.1/1/2013-E.III(A)— The Government of India have decided to appoint the Seventh Central Pay Commission comprising the following :-

1. Chairman – Justice Shri Ashok kumar Mathur
2. Member – Shri Vivek Rae
3. Member – Dr. Rathin Roy
4. Secretary – Smt. Meena Agarwal

2. The terms of reference of the commission will be as follows :-

a) To examine, review, evolve and recommend changes that are desirable and feasible regarding the principles that should govern the emoluments structure including pay, allowances and other facilities/benefits, in cash or kind, having regard to rationalization and simplification therein as well as the specialized needs of various Departments, agencies and services, in respect of the following categories of employees:-

i. Central Government employees-industrial and non-industrial;
ii. Personnel belonging to the All India Services;
iii. Personnel of the Union Territories;
iv. Officers and employees of the Indian Audit and Accounts Department;
v. Members of regulatory bodies (excluding the Reserve Bank of India) set up under Acts of Parliament; and
vi. Officers and employees of the Supreme Court.

b) To examine, review, evolve and recommend changes that are desirable and feasible regarding principles that should govern the emoluments structure, concessions and facilities/benefits, in cash or kind, as well as retirement benefits of personnel belonging to the Defence Forces, having regard to historical and traditional parities, with due emphasis on aspects unique to these personnel.

c) To work out the framework for an emoluments structure linked with the need to attract the most suitable talent to Government service, promote efficiency, accountability and responsibility in the work culture, and foster excellence in the public governance system to respond to complex challenges of modern administration and rapid political, social, economic and technological changes, with due regard to expectations of stakeholders, and to recommend appropriate training and capacity building through a competency based framework.

d) To examine the existing schemes of payment of bonus, keeping in view, among other things, its bearing upon performance and productivity and make recommendations on the general principles, financial parameters and conditions for an appropriate incentive scheme to reward excellence in productivity, performance and integrity.

e) To review the variety of existing allowances presently available to employees in addition to pay and suggest their rationalization and simplification, with a view to ensuring that the pay structure is so designed as to take these into account.

f) To examine the principles which should govern the structure of pension and other retirement benefits, including revision of pension in the case of employees who have retired prior to the date of effect of these recommendations, keeping in view that retirement benefits of all Central Government employees appointed on and after 01.01.2004 are covered by the New Pension Scheme (NPS).

g) To make recommendations on the above, keeping in view:

i. the economic conditions in the country and need for fiscal prudence;
ii. the need to ensure that adequate resources are available for developmental expenditures and welfare measures;
iii. the likely impact of the recommendations on the finances of the State Governments, which usually adopt the recommendations with some modifications;
iv. the prevailing emolument structure and retirement benefits available to employees of Central Public Sector Undertakings; and
v. the best global practices and their adaptability and relevance in Indian conditions.
h) To recommend the date of effect of its recommendations on all the above.

3. The Commission will devise its own procedure and may appoint such advisors, Institutional Consultants and Experts, as it necessary for any particular purpose. It may call for such information and take such evidence, as it may consider necessary. Ministries and Departments of Government of India shall furnish such information and documents and other assistance as may be required by the commission. The government of India trusts the State Governments, Service Associations and other concerned will extend to the Commission their fullest cooperation and assistance

4. The Commission will have Headquarters in Delhi

5. The Commission will make its recommendations within 18 months of the date of its constitution. It may consider, if necessary, sending interim reports on any of the matters as and when the recommendations are finalised.

RATAN P.WATAL, Secy

Original Order :
finmin.nic.in

VRS package for the employees of Hindustan Photo Films Mfg. Company Limited

The Cabinet Committee on Economic Affairs has approved the proposal for providing non-plan budgetary support of Rs. 181.54 crore for VRS at 2007 notional pay scales as one time relaxation of DPE Guidelines for all employees of Hindustan Photo Films Mfg. Co. Ltd. (HPF), Udhagamandalam (Tamil Nadu). This is a Central Public Sector Enterprise [CPSE] under the Department of Heavy Industry [DHI], Ministry of Heavy Industries & Public Enterprises (HI&PE).

Employees of the company are in the 1987 pay scale. With the increased cost of living, it is very difficult for them to survive and meet their immediate financial obligations. With this decision employees will come out of their current financial crises. The enhanced VRS will also help HPF employees in their post retirement rehabilitation.

– PIB

AICPIN for the month of January 2014

Consumer Price Index Numbers For Industrial Workers (CPI-IW) January 2014

According to a press release issued by the Labour Bureau, Ministry of Labour & Employment the All-India CPI-IW for January, 2014 declined by 2 points and pegged at 237(two hundred and thirty Seven). On 1-month percentage change, it decreased by 0.84 per cent between December and January compared with the rise of 0.91 per cent between the same two months a year ago.

The largest downward pressure to the change in current index came from Food group contributing -2.78 percentage points to the total change. At item level, Groundnut Oil, Onion, Brinjal Cabbage, Carrot, Gourd, Palak, Peas, Potato, Tomato and other Vegetable items, Sugar etc. are responsible for the decrease in index. However, this was compensated to some extent by Housing Index and the prices of Rice, Wheat, Fish Fresh, Goat Meat, Poultry, Cooking Gas, Electricity Charges, Petrol etc. putting upward pressure on the index.

The year-on-year inflation measured by monthly CPI-IW stood at 7.24 per cent for January, 2014, as compared to 9.13 per cent for the previous month and 11.62 per cent during the corresponding month of the previous year. Similarly, the Food inflation stood at 8.94 per cent against 11.49 per cent of the previous month and 14.08 per cent during the corresponding month of the previous year.

At centre level, Bhilwara recorded the highest decline of 8 points each followed by Kodarma (7 Points), Bokaro and Surat (6 Points each), Varanasi and Munger Jamalpur (5 Points each). Among others, 4 points decrease was registered in 8 centres, 3 points in 13 centres, 2 points in 12 centres and 1points in 9 centres. On the contrary, Amritsar and Quilon centres reported an increase of 4 points followed by Jharia (3 points). Among others, 2 points increase was observed in 6 centres and 1 point in 7 centres. Rest of the 14 centres’ indices remained stationary.

The indices of 38 centres are above All-India Index and other 39 centres’ indices are below national average. The index of Bhilwara centre remained at par with all-India index.

The next index of CPI-IW for the month of February, 2014 will be released on Monday, 31 March, 2014. The same will also be available on the office website www.labourbureau.gov.in.

– PIB

Opening of 54 new Kendriya Vidyalayas under Civil Sector

The Committee on Economic Affairs has approved the opening of 54 new Kendriya Vidyalayas (KVs) under Civil Sector during the 12th Five Year Plan as recommended by the Expenditure Finance Committee. These 54 KVs will be located in 53 districts in 17 States.

The total cost of opening of these new KVs is projected at Rs. 927.40 crore. The non-recurring costs covering constructions cost, furniture, fixture will be Rs. 793.58 crore and recurring cost covering pay and allowance and other expenses will be Rs.133.82 crore. Per unit cost of construction of a school building is Rs. 14.55 crore.

These new KVs when fully functional will provide quality education to approximately 54,000 students in addition to 12 lakhs students already studying in the present KVs.

The main objective of KVS is to cater to the educational needs of children of transferable Central Government employees including defence and para-military personnel by providing a common programme of education. There are at present 1094 functional Kendriya Vidyalayas including three abroad. These are in Moscow, Kathmandu and Tehran.

Kendriya Vidyalayas are considered as model schools in terms of physical infrastructure, teaching resources, curriculum and academic performance. These schools constitute important educational infrastructure spread over the length and breadth of the country. Kendriya Vidyalayas are pace setting schools, have consistently turned out excellent academic performance, as is evident from Board Results of Class X and XII exams conducted by the Central Board of Secondary Education (CBSE).

– PIB

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