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DOPT Order 2014 – Rule 32 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965

By
igeadmin
-

No. 11012/8/2011-Estt.(A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training

North Block, New Delhi
January 6, 2014

OFFICE MEMORANDUM

Subject: – Rule 32 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 – Advice of the Union Public Service Commission (UPSC) to be communicated to the delinquent Government servant along with the final order of penalty- Amendment – regarding

The undersigned is directed to refer to the provisions of the Rule 32 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and to say that the nature of consultation with the Union Public Service Commission (UPSC) and the manner of communication of the advice of the UPSC to the delinquent Government servant have been subject matter of litigation in some cases in CAT/High Courts etc. The Hon’ble Supreme Court in the T. V. Patel case, delivered on 19.04.2007, held that the Disciplinary Authority is not required to furnish a copy of the advice tendered by the Union Public Service Commission to the Charged Officer before the final order of penalty is passed. Accordingly, vide Office Memorandum No. 11012/10/2007- Estt.(A) dated 07.01.2008, the Ministries/ Departments/ Offices were requested to comply with the existing provisions of CCS(CCA) Rules, 1965 and bring the contents of the O.M. to the notice of all concerned for adopting a uniform stand.

2. Now, the Hon’ble Supreme Court in its judgment on 16.03.2011, while dismissing the Civil Appeal No. 5341 of 2006 in the matter of Union of India & Ors. vs S. K. Kapoor, has held that it is a settled principle of natural justice that if any material is to be relied upon in departmental proceedings, a copy of the same must be supplied in advance to the charge sheeted employee so that he may have a chance to rebut the same. The Hon’ble Court also observed that there may be a case where the report of the Union Public Service Commission is not relied upon by the disciplinary authority and in that case it is certainly not necessary to supply a copy of the same to the concerned employee. However, if it is relied upon, then a copy of the same must be supplied in advance to the concerned employee, otherwise, there will be violation of the principles of natural justice.

3. The matter has been examined in consultation with Department of Legal Affairs and it has been decided that in compliance of the judgement of the Hon’ble Supreme Court in S.K. Kapoor case, a copy of the advice of UPSC, in all cases where the Commission is consulted, may be provided to the Charged Officer, not withstanding the provisions of Rule 17 and Rule 32 of CCS (CCA) Rules, 1965 before a final decision is taken by the Disciplinary Authority (DA).

4.Accordingly. it has been decided that in all disciplinary cases where the Commission is to be consulted, the following procedure may be adopted:

(i) On receipt of the Inquiry Report, the DA may examine the same and forward it to the Commission with his observations;

(ii) On receipt of the Commission’s report, the DA will examine the same and forward the same to the Charged Officer along with the Inquiry Report and his tentative reasons for disagreement with the Inquiry Report and/or the advice of the UPSC;

(iii) The Charged Officer shall be required to submit, if he so desires, his written representation or submission to the Disciplinary Authority within fifteen days, irrespective of whether the Inquiry report/advice of UPSC is in his favour or not.

(iv) The Disciplinary Authority shall consider the representation of the Charged Officer and take further action as prescribed in sub-rules 2(A) to (4) of Rule 15 of CCS (CCA) Rules, 1965.

5.A flow chart indicating the present and revised procedure is annexed for ready reference.

6. All Ministries/ Departments/Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control. All cases, where final orders have not been issued may be processed as per these guidelines.

7. Formal amendment to CCS (CCA) Rules will follow.

8.Hindi version will follow.

(J.A.Vaidyanathan)
Director (E)

Original DOPT Order :

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11012_8_2011-Estt.A-06012014.pdf

Pensioner’s Order 2014 – International day of Older Persons – Nomination for National Award – Regarding

By
igeadmin
-

No.12-32/2013-P&PW(Coord)
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan
Khan Market, New Delhi
Dated: 02.01.2014.

Office Memorandum

Subject : International day of Older Persons – Nomination for National Award – Regarding

***

The undersigned is directed to refer to Ministry of Social Justice and Empowerment, Department of Social Justice & Empowerment’s D.O letter No.15-39(89)/2013-14/ AG.II, dated 22.11.2013 (copy attached) on the subject cited above.

2. The Pensioner’s Associations are requested to send nomination of various senior citizens for the National Award in the suitable categories (copy of Annexures attached), giving details of the distinguished services rendered by the nominee in the field of ageing and / or to the cause of the elderly. The nominations may be sent directly to Ministry of Social Justice and Empowerment, Department of Social Justice and Empowerment so as to reach that Ministry by 31st January, 2014.

(Kailash Chander)
Under Secretary (Coord)

Original Order :
http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/Awards2_020114.pdf

DOPT Order 2014 – Fixation of Pay of Assistants of CSS in the Revised Pay structure as per the CCS (Revised Pay) Rules, 2008

By
igeadmin
-

F.No.7/7/2008-CS.I(A)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

Lok Nayak Bhawan, New Delhi
Dated the 3rd January, 2014.

Office Memorandum

Subject : Fixation of Pay of Assistants of CSS in the Revised Pay structure as per the CCS (Revised Pay) Rules, 2008 – Clarification regarding.

The undersigned is directed to say that references are still being received from Ministries/Departments regarding fixation of pay of Assistants in the revised pay structure. In this connection OM of even number dated 22.12.2010, enclosing there with Department of Expenditure UO No.10/1/2009-IC dated 14.12.2009, refers.Instructions issued by this Department have to be read along with the under mentioned Rules and orders (as clarified, wherever required):

(i) Department of Expenditure’s OM No.1/1/2008-IC dated 30th August, 2008, para 2(ii)

“The tables in Annex-I will be applicable in cases where normal replacement pay scales have been approved by the Government. In cases of upgaradation of posts and merger of pre-revised pay scales, fixation of pay will be done as prescribed in Note 2A and 2B below Rules 7(1) and in the manner indicated in illustrations 4A …..“

(Therefore in the case of Assistants of CSS who have been given the upgraded post, the fixation of pay is to be done as prescribed in Note 2A below Rules 7(1) of CCS(RP) Rules, 2008)

(ii) Note 2A below Rule 7 of CCS(RP) Rules, 2008

“Where a post has been upgraded as a result of the recommendations of the Sixth CPC…. the fixation of pay in the applicable pay band will be done in the manner prescribed in accordance with Clause (A) (i) and (ii) of Rule 7 by multiplying the existing basic pay as on 1.1 .2006 by a factor of 1.86 and rounding the resultant figure to the next multiple of ten. The grade pay corresponding to the upgraded scale will be payable in addition. Illustration 4A in this regard is in the Explanatory memo to these Rules”.

(iii) Rule 11 of CCS (Revised Pay) Rules, 2008

“11. Fixation of pay in the revised pay structure subsequent to the 1st day of January, 2006. – Where a Government servant continues to draw his pay in the existing scale and is brought over to the revised pay structure from a date later that the 1st day of January 2006, his pay from the later date in the revised pay structure shall be fixed in the following manner :-

(i) Pay in the pay band will be fixed by adding the basic pay applicable on the later date, the dearness pay applicable on that date and the pre revised dearness allowance based on rates applicable as on 1.1.2006. This figure will be rounded off to the next multiple of 10 and will then become the pay in the applicable pay band. In addition to this, the grade pay corresponding to the pre-revised pay scale will be payable….”

(The fitment tables given in the Annex-I to the Department of Expenditures OM dated 30.8.2008 are to be used for pay fixation as done on 1.1.2006 only and incase of normal replacement pay scales as per para 2(i) and para 2(u) respectively of the aforesaid OM For fixation of pay in the revised pay structure subsequent to 1.1.2006, the Rule 11 of CCS(RP) Rules, 2008 refers).

2. The issue of fixation of pay with references to the pre-revised pay scale of Rs.7450-11500 and payment of arrears was taken up by Establishment Division of this Department with Department of Expenditure. A clarification dated 10.12.2013 issued by Estt (Pay) is enclosed.

3. It is further clarified that inclusion in the Select List does not ante date the seniority of the officers. However, the Select Lists as specified in this Departments OM No.6/3/2009CS.I(S) dated 9.7.20 10 may be deemed to be effective from 1st July of the year of the Select List, for the purpose of fixation of pay on notional basis only.

(Parminder Singh)
Under Secretary to the Government of India

No. 961840/2013-Estt. (Pay-I)
D/o Personnel & Training
Establishment (Pay-I) Section

Vide the U.0. dated the 14th December, 2009, D/o Expenditure had allowed fixation of pay with reference to the pre-revised pay scale of Rs.7450-11500 to those promoted as Assistants / PAs between 1.1.2006 to 31.8.2008. They were, however, not allowed arrears from 1.1.2006 till the date of their promotion, as they had come over to the revised pay on the date of their promotion.

2. Seniors to such promotee Assistants / PAs, however, were subsequently allowed stepping up of their pay with reference to these officials. Such senior officials were also not allowed arrears on the ground that the officials with reference to whom they had got their pay stepped up were also not entitled toso.

3. The issue has been reconsidered in consultation with D/o Expenditure as this amounts to compelling the senior official, who was already serving as Assistant /PA prior to 1.1.2006 and opted for fixation of his pay under revised pay rules from 1.1.2006, to opt for revised pay structure from the date of stepping up with the junior.

4. It is, therefore, clarified that the senior is entitled to arrears of pay from the date he opted to come over to the Revised Pay Scales till the date of stepping up of pay. These will be paid on the basis of pay actually fixed as on 1. 1.2006.

5. The CS Divisions are, therefore, advised to issue a clarification in respect of similarly placed persons in CSS / CSSS.

(Mukesh Chaturvedi)
Deputy Secretary (Pay)
December 10, 2013

Original Order :

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/pay1.pdf

DOPT Order 2013 – Consolidated Instructions Of Technical Resignation and Lien-regarding

By
igeadmin
-

No.28020/1/2010-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated the December 26th, 2013

OFFICE MEMORANDUM

Subject: Consolidated Instructions Of Technical Resignation and Lien-regarding.

The undersigned is directed to refer to the subject mentioned above and to say that various instructions have been issued by the Government from time to time regarding Technical Resignation, and the service conditions under which a lien of a post of Government employee can be a retained, terminated or transferred. All such instructions issued till date have been consolidated under easily comprehensible headings for the facility of reference and placed as Annexure to this O.M. All Ministries / Departments are requested to bring the above guidelines to the notice of all concerned.

2. Hindi version will follow.

(J.A. Vaidyanathan)
Director (Establishment)

Original Order :
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/No_28020_1_2010_Estt_C.pdf

DOPT Order 2014 – Regulating parameters for exercise of discretionary powers enjoyed by Ministers at the Centre

By
igeadmin
-

Reminder

No.372/38/2012-AVO-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
1st January, 2014

OFFICE MEMORANDUM

Subject: Regulating parameters for exercise of discretionary powers enjoyed by Ministers at the Centre.

The undersigned is directed to refer this Department’s O.M. No.372/14/2012-AVD-III dated 16th April, 2012 and 1st May, 2012 wherein all Ministries/Departments were requested to put in place regulatory parameters for exercise of discretionary powers of Ministers and to put them in public domain so as to minimize arbitrariness in exercise of such powers and to send a copy of the guidelines, if already framed, within 15 days. The Ministries/Departments which were yet to prepare appropriate guidelines in the matter were asked to do so within three months from the date of issue of the sad OM dated 1st May, 2012 and to indicate the reason for delay in finalization of appropriate guidelines to this Department.

2. In this regard, several reminders have already been issued and the latest reminder was sent vide this Departments O.M. of even number dated 27.09.2013 (copy enclosed). However, the requisite information in respect of your Ministry/Department has not been received till date.

3. It is therefore requested to kindly expedite the requisite information to this Department urgently.

Enl: As above

(Kamal Kishore)
Under Secretary to the Govt. of India

Original Order :
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/372_38_2012_AVD_III.pdf

DOPT Order 2013 – Restriction of officiating pay under FR 35

By
igeadmin
-

No.1/4/2009-Estt.(Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated the 31st December, 2013

OFFICE MEMORANDUM

Subject: Restriction of officiating pay under FR 35 – clarification – reg.

The undersigned is directed to refer to the O.M. of even number dated 8th March, 2010. It is clarified, that the provisions of this O.M. are applicable from the January, 2006, the date from which the revised Pay Scales became applicable.

2. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.

3. Hindi version will follow.

(Mukesh Chaturvedi)
Deputy Secretary to the Govt. of India

Original Order :

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/1_4_2009_Estt_Pay_1.pdf

DOPT Order 2013 – Effective date of merger of erstwhile Group D posts, now designated as Multi-tasking Staff in Pay Band-I Grade Pay Rs.1800 and recruitment to the post after implementation of the recommendation of the 6th CPC

By
igeadmin
-

No.AB-14017/39/2013-Estt.(RR) (3102233)
Government of India
Ministry of Personnel, Pension & Public Grievances
Department of Personnel & Training
North Block, New Delhi

Dated: 23.12.2013

OFFICE MEMORANDUM

Subject : Effective date of merger of erstwhile Group D posts, now designated as Multi-tasking Staff in Pay Band-I Grade Pay Rs.1800 and recruitment to the post after implementation of the recommendation of the 6th CPC.

In pursuance to the recommendations of the 6th Central Pay Commission, this Department has issued model recruitment rules for the post of Multi-tasking Staff (erstwhile Group D posts) vide OM No. AB-14017/6/2009-Estt(RR) dated 30.4.2010. This Department is receiving references for clarification in regard to the date of effect of merger of erstwhile Group D posts and re-designation as Multi-tasking Staff.

2. The issue has been examined taking into account this Department’s OM No. 20020/4/2010-Estt(D) dated 30.4.2013 with regard to fixation of seniority of officers holding the merged grade of Multi-tasking Staff. It has been decided that the merger and re-designation of erstwhile Group D staff as Multi-taking Staff shall be effective from 29.8.2008. Ministries / Departments may issue orders accordingly in respect of erstwhile Group D posts in their Ministries / Departments and expedite the amendment of the Recruitment Rules of erstwhile Group D posts as the model RRs of MTS.

3. Ministry of Home Affairs etc. are requested to bring the contents of this O.M. to the notice of all their Attached / Subordinate Offices. The autonomous/statutory bodies may adopt the same with the approval of the competent authority as per the rules/ statutes.

4. Hindi version follows.

(Mukta Goel)
Director (E-I)

Original Order :
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/14017_39_2013-Estt.RR-23122013.pdf

DOPT Order 2014 – Upper Division Grade Limited Departmental Competitive Examination, 2011

By
igeadmin
-

No.12/3/2012-CS.II (B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

Lok Nayak Bhawan, New Delhi
Dated: 1st January, 2014

OFFICE MEMORANDUM

Subject: Upper Division Grade Limited Departmental Competitive Examination, 2011- Nomination of qualified candidates for appointment to Upper Division Grade in CSCS against the Select List 2011-reg.

The undersigned is directed to say that according to Rule 11(1) of the Central Secretariat Clerical Service Rules, 1962, as amended by this Department’s Notification No.12/3/93-CS.II dated 22.11.1995, vacancies in the Upper Division Grade of the service in any cadre have to be filled by the regular appointments of persons included in the Select List for the Upper Division Grade in that cadre. The said Select List is to be prepared in accordance with the provision envisaged in Regulation 2 (1) of the Third Schedule to the said Rules. According to that Regulation as amended by this Department’s Notification No.7/31/73-CS.II dated 4.2.1976, 25% of the vacancies are to be filled up on the basis of Limited Departmental Competitive Examination (LDCE) and 75% on the basis of seniority in the Lower Division Grade.

2. On the basis of the UD Grade Limited Departmental Competitive Examination for the Select List year 2011, Staff Selection Commission has recommended 34 (26 UR, 6 SC and 2 ST) candidates for appointment as UDC in the Central Secretariat Clerical Service against the Select List year 2011.

3. It has been, therefore, decided to allocate 34 (thirty four) (includes 26 UR, 6 SC and 2 ST) qualified candidates to various Cadres of Central Secretariat Clerical Service as indicated in the Annexure to this Office Memorandum. The dossiers of the candidates as received from the SSC are sent herewith and these should be retained after their appointment as part of their personal files. It is requested that before these candidates are appointed, particulars of their service, caste etc., may please be checked from the Original entries in their Service Books. It may please be ensured that no Vigilance case is pending or being contemplated against them.

4. Since the qualified candidates whose names are given in the Annexure to this O.M. are eligible for Inclusion in the Select List year of 2011 of Upper Division Grade, it is requested that immediate action may please be taken to appoint them to the post of Upper Division Clerk in those cadres to which they have been allocated. It may please be ensured that the candidates nominated from the aforesaid examination are interpolated with persons included in the Select List through seniority quota in the ratio of 3:1(SQ: DE) as prescribed under the CSCS Rules, 1962.

5. Copies of appointment orders may please be endorsed to this Department and the SSC. If any candidate is not appointed to Upper Division Grade due to any reason his/her dossier may please be returned to the Staff Selection Commission directly under intimation to this Department after cancelling his/her offer of appointment and keeping all correspondences made with regard to his/her appointment including cancellation letter in the dossier.

6. In case any of the nominated candidates has been appointed as regular UDC in the CSCS on the basis of an earlier Limited Departmental Exam for the Grade, the Cadre authorities are requested to furnish their names immediately to this Department latest by 15.1.2014. Thereafter, the total number of these vacancies may be divided between seniority quota and Departmental Examination Quota in the prescribed ratio of 3:1. Reservation for SC/ST/PH category is to be made in accordance with the relevant Rules/instructions.

7. Staff Selection Commission has assigned Rank Numbers to qualified candidates of UD Grade LDCE, 2011 as SL/CSCS/001 to SL/CSCS/34. Accordingly, Cadres are requested to assign these numbers while preparing seniority list of UDC.

8. Receipt of this OM together with its enclosures may kindly be acknowledged.

(K.Suresh Kumar)
Under Secretary to the Govt of India

Original Order :

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/scan090.pdf

DOPT Order 2014 – Early Closure of Offices in connection with Republic Day Parade and Beating Retreat Ceremony during 2014

By
igeadmin
-

NO.16/1/2013-JCA 2
Government of India
Ministry of Personnel Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi
Dated the 2nd January, 2014

OFFICE MEMORANDUM

Sub: Early Closure of Offices in connection with Republic Day Parade and Beating Retreat Ceremony during 2014.

In connection with arrangements for the Republic Day Parade and Beating Retreat Ceremony, 2014, it has been decided that the Government offices located in the buildings indicated in Annexure-I would be closed early at 13:00 hrs. on 25th January, 2014 (Saturday) and buildings indicated in Annexure-II would be closed early at 12:00 Noon on 29th January, 2014 (Wednesday).

2. Hindi version will follow.

Encl.: As above

(Ashok Kumar)
Deputy Secretary (JCA)

Original DOP&T Order

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/16_1_2013-JCA2-02012014.pdf

Tamilnadu – 7% Salary hike for TNEB Employees

By
igeadmin
-

Tamil Nadu government on Wednesday announced a seven per cent hike in the salary of Electricity Board employees with effect from December one 2011.

The announcement by chief minister J Jayalalithaa on the New Year day will benefit 70,820 workers and 10,160 officers of Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), the power generation and distribution arm of Tamil Nadu Electricity Board, and cost an aditional expense of Rs 252 crore to it, an official release said here.

The decision to revise the salary package was taken after Jayalalithaa chaired a meeting with top officials of Electricity Board and senior government officials.

The wage agreement between the employees, workers and TANGEDCO had come to an end on November 30, 2011, following which a Committee was formed to formulate a new pay scale.

The committee held several rounds of discussion with 15 Unions representing the workers and employees of TANGEDCO. Based on the recommendations of the committee Jayalalithaa announced the decisions to hike the pay.

The seven per cent hike would lead to an increase in the package of a minimum of Rs 700 and to a maximum of Rs 13,160, the release said.

The pay hike given to employees of TANGEDCO would be equal to those employed in the state deparments, it said.

The outstanding arrears from December one, 2011 to December 31, 2013 would be paid in two installments, it said.

 

Sourcd :  Times of India

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