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Payment of arrears of pension in cases where valid nomination has not been made under the Payment of Arrears of Pension (Nomination) Rules, 1983 Payment of arrears of family pension – reg.

By
igeadmin
-

No. 1/22/2012-P&PW (E)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi
Dated: 10th July, 2013

Office Memorandum

Sub:

(i) Payment of arrears of pension in cases where valid nomination has not been made under the Payment of Arrears of Pension (Nomination) Rules, 1983;
(ii) payment of arrears of family pension – reg.

Attention is invited to the Payment of Arrears of Pension (Nomination) Rules, 1983 which provide that after the death of the pensioner, all moneys payable to the pensioner on account of pension will be paid to the nominee of the deceased pensioner. In the absence of any nomination made by the pensioner, the arrears of his/her pension are paid to the legal heir as per the procedure indicated in para 4 of part A of annexure to Ministry of Finance OM No.1(3)-E.V/83, dated 11.10.1983. However, dependants of some pensioners expressed difficulties in obtaining the legal heir-ship certificates and represented that the necessity of production of legal heir-ship certificates may be waived where the amount of arrears payable is small.

2. The matter had been examined in Ministry of Finance, D/o Expenditure vide OM dated 04/06/1985 and it was decided that in case where a valid nomination does not exist under the Payment of Arrears of Pension (Nomination) Rules, 1983 and the dependent of pensioner is unable to produce the legal heir-ship certificate, the Payment of Lifetime Arrears of Pension accruing to the deceased pensioner may be authorized on the basis of any documentary proof regarding the relationship and heir-ship of the claimant if the gross amount of arrear does not exceed Rupees 25,000. In such cases, if the gross amount did not exceed Rupees 5,000 and case represented no peculiar features, the accounts officer was authorised to make the payment on his own authority.

3_ The Government has further looked into the matter and decided to increase the limits of Rupees 5000 and 25000 as indicated in Department of Expenditure OM, dated 4.6.85 to Rupees 50,000 and 2,50,000 respectively. The conditions and the procedure of payment as indicated in Department of Expenditure OM, dated 22.10.1983 and 04.06.1985 will remain the same, which are reiterated hereunder.

4. The Pension Disbursing Authority (PDA) may receive application along with any documentary proof regarding the relationship and heir-ship of the claimant. In case the claimant is the recipient of family pension, the disbursing Officer will verify the identity of the claimant with reference to the disburser’s half as well as pensioner’s half of the PPO and give a certificate of having done so. PDA will duly attest the documents received from the applicant and forward these along with the application to the Accounts Officer. The Accounts Officer, on receipt of application along with a copy of PPO of the pensioner and other documents from the PDA, will calculate the amount of arrears and issue necessary authority for payment of life-time arrears to the disbursing authority if the case does not present any peculiar features and the amount does not exceed Rs.50,000. In case the amount exceeds Rupees 50,000 but does not exceed Rupees 2,50,000, the Accounts Officer will obtain the orders of the Head of Department or Administrator or the CAG in the case of pensioners from Indian Audit & Accounts Department or any Officer of that Department declared as an HOD. Payment will be made on execution of a duly stamped indemnity bond in Form T.R. 14/G.A.R. 26, with such sureties as necessary in terms of para 7 below. In case of any doubt and also in cases where the amount of arrears exceeds Rupees 2,50,000, payments shall be authorized to be made only to the persons producing the legal authority.

5. This department’s OM No. 43/4/95-P&PW(G), dated 30.10.1995 stipulates that in the event of death of a family pensioner, the right to receive any arrears of family pension would automatically pass on to the eligible member of the family next in line. The requirement of succession certificate for payment of any arrears occurs only where there is no member in the family who is eligible to receive family pension after the death of the family pensioner. Therefore, it has been decided that the provisions of this office memorandum will also apply to the payment of arrears of family pension where no member of family is eligible to receive family pension.

6. The Head of Department here means the Head of Department as defined in rule 2 (xvi) of the General Financial Rules, 2005. However, in order to ensure that the citizens do not have to face unnecessary hardships, it has been decided that in the case of field establishments, the Administrative Ministries/Departments may delegate the power of Head of Department to the Head of Office in the rank of Deputy Secretary/Director, if felt necessary by them. It is also clarified that this OM will cover all such past cases.

7. Normally, there should be two sureties, both of known financial stability. However, in case the amount of claim is less than Rs.75,000/-, the authority accepting the indemnity bond for and on behalf the President of India should decide on the merits of each case whether to accept only one surety instead of two. The obligor as well as the sureties executing the indemnity bond should have attained majority so that the bond has legal effect or force. The bond is required to be accepted on behalf of the President by an officer duly authorised under Article 299 (1) of the Constitution.

8. These orders will not be applicable in cases where a valid nomination exists under the Payment of Arrears of Pension (Nomination) Rules, 1983. In such cases, the payment of arrears will be authorised to be made to the nominee (s).

9. As regards pensioners/family pensioners belonging to the Indian Audit and Accounts Departments, these Orders issue after consultation with the Comptroller and Auditor General of India.

10. This issues with the concurrence of Ministry of Finance, Department of Expenditure, vide their ID Note No.568/E.V/2013, dated zs” June, 2013 and 0/0 Controller General of Accounts vide their ID No. 1(7)/TA-I1I/2011-12/Miscl/116, dated 13.02.2013.

(Sujasha Choudhury)
Deputy Secretary to the Govt. of India

Original Order :

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/PPWE_100713.pdf

DOP&T Clarification on Withholding of 10% gratuity from the retiring Government servants

By
igeadmin
-

NO.20/16/1998-P&PW (F)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare

*******

3rd Floor, Lok Nayak Shawan,
Khan Market, New Delhi-110 003
Dated the 11th July, 2013.

OFFICE MEMORANDUM

Subject: Withholding of 10% gratuity from the retiring Government servants – clarification regarding.

The undersigned is directed to refer to this Department’s OM of even number dated the 19th February 2013 on the above cited subject and to say that this Department is still receiving representations from individuals and Pensioners Associations that Government Departments have been withholding 10% of the amount of gratuity from retirees even when they had not been provided any Government accommodation. This is in contravention of existing instructions.

2 The recovery and adjustment of Govt. dues from retirement gratuity is regulated under Rules 71 to 73 of the CCS (Pension) Rules, 1972. Rule (1) to (3) of Rule 72 ibid provide for recovery of actual amount of Govt. dues in respect of Govt. accommodation from pay & allowances before retirement and from Retirement Gratuity. Sub rule (5) of Rule 72 ibid stipulates that if, in any particular case, it is not possible for the Directorate of Estates to determine the outstanding licence fee, that Directorate shall inform the Head of Office that ten per cent of gratuity may be withheld pending receipt of further information. Further, if no Government accommodation is allotted to a Government servant, in accordance with Dte of Estate’s OM NO.18011/5/1990-Pol-III dated 12.10.2010, it is for the Administrative Ministry to issue an ‘NDC”.

3. As regards recovery in respect of ‘Govt. dues’ other than those pertaining to Govt. accommodation, the Head of Office is required to complete assessment of such dues eight months prior to the date of retirement [Rule 73(2)]. The actual amount of such dues and the dues which come to notice subsequently and remain outstanding are to be adjusted against the amount of retirement gratuity becoming payable to the Govt. servant on retirement.

4. It is, therefore, clear that there is no provision for withholding any part of gratuity at the time of retirement for the purpose of recovery of outstanding government dues other than those pertaining to government accommodation and the onus of timely collection of license fee is on the Directorate of Estates. If the Directorate of Estate does not specifically inform the Administrative Department of the outstanding dues and requests for withholding of 10% gratuity for the outstanding license fee, Gratuity cannot be withheld on this account. The only other circumstance under which gratuity can be withheld is in case of ongoing disciplinary proceedings against the Government servant. Thus the Pay and Accounts Officer shall not withhold any gratuity unless the Head of Office

(a) encloses instructions received from Directorate of Estate for withholding of 10% gratuity for outstanding license fee or

(b) Informs of ongoing disciplinary proceedings.

These instructions are for strict compliance of all Administrative Ministries/Departments.

5. A revised FORM 8 – form of letter to the Accounts Officer forwarding the pension papers of Government servant is also enclosed. Formal amendment in the CCS(Pension) Rules for revised Form 8 will be notified later.

(Tripti P.Ghosh)
Director (PP)

Original Order & Form 8

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/PPWF_110713.pdf

SIS Ram Ola Releases Revised Online Transfer Claim Form For EPFO

By
igeadmin
-

Union Labour & Employment Minister Shri Sis Ram Ola today released Revised Transfer Claim form for EPFO beneficiaries marking this as first step towards launch of online Transfer Claim facilities here in New Delhi.

The revised form will have the following salient features:

• The form will be called Transfer Claim Form instead of Form 13 for easy comprehension by the beneficiaries.

• The form can be presented after verification, either through the present employer or previous employer. Earlier the form could be submitted after verification only through the present employer.

• This form can be submitted online as well as in physical form. The facility of online submission of this form will be given shortly after process of collecting the digital signature of the employer is completed.

• The facility to file physical form shall continue to cater to the needs of working class who do not have internet access.

• Employee will be allowed to submit their applications online, if their employer is having registered digital signature.

• Online submission of form will introduce paperless process for claim settlement.

• Every beneficiary will be informed through SMS and e-mail about the stage of process of the claim to make the entire process transparent and accountable.

• After introduction of online claim settlement, endeavour will be made to substantially reduce the assured time of settlement of transfer claim which presently is 30 days.

Secretary LEM, Dr. Mrutyunjay Sarangi, Shri K.K. Jalan, CPFC and other senior officers of EPFO were also present on the occasion. Dr. Mrutyunjay Sarangi directed that the guidance and directions given by Hon’ble Minister should be adhered to by EPFO.

On this occasion the Minister also reviewed the working of EPFO. In his review Minister emphasized that EPFO must adhere to the Strategic Plan of Ministry of Labour & Employment for next five years. The plan visualizes development of system for Web based services to employers and employees for online submission of forms and settlement of claims. The Minister noted that timely settlement of claims has been the rightful expectation of the beneficiaries of Employees’ Provident Fund. In the financial year 2012-13, 107.62 lac number of claims were settled out of which 88% of claims were processed within 30 days which is the current time frame for settlement of claims.

Though the percentage of claim settled in time is high in absolute terms approximately 13 lac number of beneficiaries did not get their settlement of claims within the stipulated time. Minister directed that all efforts should be made to not only settle the claims within time but also to reduce the time taken in settlement of claims.

– PIB

Interviews/ Personality Tests for Central Armed Police Forces (Assistant Commandants) Examination, 2012

By
igeadmin
-

The Union Public Service Commission will be conducting Interviews/ Personality Tests for Central Armed Police Forces (Assistant Commandants) Examination, 2012 from 15.07.2013 to 01.08.2013 in the Commission’s Office at New Delhi. Summon letters for PT/Interview to all the eligible candidates are being issued. If any eligible candidate do not receive summon letter for PT/Interview, he/she may contact on Tel. No. 011-23386281 or can send message on Fax No. 011-23387310. He/she may contact UPSC Facilitation Counter near Gate “C” of its campus in person or over Telephone Nos. 011-23385271/ 011-23381125/ 011-23098543 on all working days between 1000 hrs to 1700 hrs. The schedule of Interviews / Personality Tests is also available on Union Public Service Commission Website at http://www.upsc.gov.in

Grant of one increment in pre-revised pay scale – Board’s letter dated 23/03/2012

By
igeadmin
-

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(Railway Board)

S.No.PC-VI/322
No.PC-V1/2012/1/RSRP/1

RBE No. 63/2013
New Delhi, dated 03.07.2013

The GMs/CAOs(R),
All Indian Railways & Production Units
(As per mailing list)

Sub: Grant of one increment in pre-revised pay scale – Board’s letter dated 23/03/2012 – clarification regarding.

Board’s letter of even number dated 23.03.2012 provides that, those Railway employees who were due to get their annual increment between February, 2006 to June, 2006 may be granted one increment as on 01/01/2006 in the pre-revised pay scale as a one time measure and, thereafter, will get the next increment in the revised pay structure on 01/7/2006.

2. As per Board’s letter No.PC-VI/2008/I/RSRP/1 dated 11/9/2008 fitment tables have been prescribed in Annexure-E thereto, specifying the stage of revised pay in the revised pay band with reference to each stage of pre-revised pay in various pre-revised pay scales. As per the fitment tables, the stage of revised pay in the pay band has been mentioned at the same stage in respect of two consecutive pre-revised stages of pay in cases of certain pre revised pay scales.

3. References have been received seeking clarification as to whether in cases where the fitment table provides for the same revised stage in case of two consecutive pre-revised stages in a particular pre-revised scale of pay, the benefit of bunching is admissible after grant of one increment in the pre revised pay scale by virtue of Board’s letter dated 23/03/2012.

4. The matter has been considered and it is clarified that Fitment Table contained in the aforesaid letter dated 11/9/2008 is to be strictly followed for fixation of pay in the revised structure without any deviation.

5. In cases where the stages of fixation of pay in the revised pay band as per fitment table contained in the aforesaid letter dated 11/9/2008 provides for the same revised stage in the Pay Band with reference to two consecutive stages of pre-revised pay in the corresponding pre-revised scales, then in such cases due to application of Board’s letter dated 23/3/2012, there will be no change in the revised pay as on 01/01/2006, if the revised stage with reference to the pre-revised pay after accounting for one increment in the pre revised scale does not undergo any change as per the Fitment Table. It is also clarified that no further bunching will be allowed in such cases and no re-fixation of pay will be admissible in the revised pay as on 01/01/2006.

6. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

(Hari Krishan)
Director, Pay Commission II
Railway Board.

No.PC-VI/2012/I/RSRP/1

New Delhi, dated 03.07.2013

Original Order :

http://www.indianrailways.gov.in/railwayboard/uploads/directorate/pay_comm/PC6/2013/RBE_63_2013.PDF

Railway Services (Revised Pay) Rules, 2008 – Revised pay structure of ancillary staff of RPF/RPSF

By
igeadmin
-

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

PC-VI No.321
No.PC-VI/2008/I/5/8

RBE No. 62/2013
New Delhi, dated 03-07-2013

The General Manger and CAO(R),
All Indian Railways & Production Units
(As per mailing list)

Sub: Railway Services (Revised Pay) Rules, 2008 – Revised pay structure of ancillary staff of RPF/RPSF

Ref: Board’s letter No. PC-VI/2008/I/3/1 dated 29-10-2008 (Para 4)

Consequent upon implementation of recommendations of Sixth Central Pay Commission in respect of Followers of various Central Para Military Forces as accepted by Government, the issue of revision of pay structure of Ancillary staff of RPF/RPSF has been under consideration of the Ministry of Railways in consultation with Ministry of Finance and Ministry of Home Affairs for some time.

2. President is now pleased to decide as follows:

(a) All the posts of ‘ancillary staff’ of RPF/RPSF in pre-revised pay scales Rs.2610-3540, 2650-4000 and 2750-4400 may be placed in PBI with GP Rs.2000 with effect from 1.I.2006.

(b) Consequent upon placement in PBI GP Rs.2000, above posts will get reclassified as Group ‘C’ posts in terms of Board’s letter No. PC-VI/2009/I/RSRP/4 (RRE No.5/2010) dated 08.01.2010.

(c) After conversion of posts of Ancillary staff as above, the posts would be re-designated as Constable (name of trade) viz. Constable (Barber). Constable (Safaiwala), Constable (Washerman), Constable (Mali) etc.

(d) Ancillary staff who have already undergone basic training (including weapons training) would be placed in revised pay structure as above as per the provisions of Railway Services (Revised Pay) Rules, 2008. Ancillary staff who have not undergone training as above, will be subjected to re-training programme (including weapon training) for a duration not exceeding 3 months during working days and not more than 2 hours a day, as per the detailed instructions to be issued by Security Directorate. On successful completion of training they will be allowed the benefit of revised pay structure as above. Arrears as due may be drawn accordingly.

(e) Recruitment Rules/provisions of RPF Act/RPF Rules/Directives/standing orders etc. will accordingly be modified to make recruitment in each trade duly keeping view the RRs in other CPMFs for such posts. Above recruitment rules / other relevant conditions like rank/status etc. will have no linkage with the posts of Constables of Executive side or Drivers of RPF/RPSF. Further, the recruitment qualification for future recruitment will not be lower than Matriculation/ITI i.e. the lowest qualification prescribed by 6th CPC for entry into government service.

(f) There will be no change in the total sanctioned strength of Battalion/Company due to conversion of the posts of Ancillary staff in/as Gr. C posts.

(g) Functions of various trades will he reviewed and multi-skilling as deemed necessary will be introduced.

(h) The practice of deployment of Constables/Ancillary staff at the residence of officers, wherever in vogue, will be stopped forth with and wherever they are required to be deployed at the residences of officers due to operational reasons, it will be done after obtaining prior sanction of competent authority.

3. Action for re-fixation of pay and drawal and disbursement of arrears should be completed immediately as per the provisions of Railway Services (Revised Pay) Rules.2008 and detailed procedure laid down in Board’s letter No.PC-V1/2008/RSRP/1 dated 11.9.2008 (RBE No.108/2008). Further as per clarification available in Board’s letter No.PC-VI/2008/I/RSRP/I dated 11.11.2008 (RBE No.172/2008) for fixation of pay of existing employees (as on 1.1.2006), fitment tables, corresponding to actual pre revised scale applicable to the employee, as annexed with Board’s letter dated 11.09.2008 shall be utilized for the purpose of determination of pay in the pay band. To the pay in pay band so determined Grade Pay of Rs.2000/- will be added.

4. This issues in consultation with Security dte.(DG/RPF) and with the concurrence of Finance directorate of this Ministry.

(Hari Krishan)
Director Pay Commission-II
Railway Board

Original Order :
http://www.indianrailways.gov.in/railwayboard/uploads/directorate/pay_comm/PC6/2013/RBE_62_2013.PDF

CRPF Donates One Day Salary to PM’s Relief Fund for Uttarakhand Victims

By
igeadmin
-

Shri Pranay Sahay, Director General CRPF presented a cheque of Rs. 18,01,46,637/- (Rupees Eighteen Crore One Lakh Forty Six Thousand Six Hundred Thirty seven only) to Shri Sushilkumar Shinde, Union Home Minister here today.

On this occasion Shri Sahay said that the officers and men of CRPF have donated one day’s salary to the Prime Minister’s Relief Fund. The CRPF deeply commiserates with the victims of the tragedy that has struck Uttarakhand. There has been large scale devastation of property and loss of lives in this disaster. The victims are our own brethren. The CRPF rank and file joins the countrymen in conveying its deepest concern for the victims of the tragedy.

Shri Anil Goswami, Union Home Secretary and senior officers of the Ministry of Home Affairs and CRPF were also present in the function.

AICPIN for the month of May 2013

By
igeadmin
-

Consumer Price Index for Industrial Workers (CPI-IW)-May, 2013

The All-India CPI-IW for May, 2013 rose by 2 points and pegged at 228 (two hundred and twenty eight). On 1-month percentage change, it increased by 0.88 per cent between April and May compared with 0.49 per cent between the same two months a year ago.

The largest upward contribution to the change in current index came from Food group which increased by 1.22 per cent, contributing 1.64 percentage points to the total change. At item level, Rice, Arhar Dal, Fish Fresh, Poultry (Chicken), Milk, Chillies Green, Garlic, Ginger, Tomato, Root & Green Vegetables, Tea Leaf, Tea (Readymade), Cigarette, Country Liquor, Electricity Charges, Medicine (Allopathic), Repair Charges, etc. are responsible for the rise in index. However, this was compensated by Petrol putting downward pressure on the index.

The year-on-year inflation measured by monthly CPI-IW stood at 10.68 per cent for May, 2013 as compared to 10.24 per cent for the previous month and 10.16 per cent during the corresponding month of the previous year. Similarly, the Food inflation stood at 13.24 per cent against 12.39 per cent of the previous month and 10.61 per cent during the corresponding month of the previous year.

At centre level, Chennai and Nagpur recorded the largest increase of 8 points each followed by Nasik (7 points) and Warrangal, Coonoor, Hubli Dharwar, Madurai and Tripura (6 points each). Among others, 5 points rise was registered in 2 centres, 4 points in 14 centres, 3 points in 6 centres, 2 points in 12 centres, and 1 point in 12 centres. On the contrary, a decline of 6 points was reported in Delhi, 5 points in Ghaziabad, 4 points in Srinagar, 3 points in 2 centres, 2 points in 2 centres and 1 point in 7 centres. Rest of the 10 centres’ indices remained stationary.

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

The next index of CPI-IW for the month of June, 2013 will be released on Wednesday, 31 July, 2013. The same will also be available on the office website www.labourbureau.gov.in.

Recommendations of 6th CPC in para 6.1.13 regarding lateral entry against identified SAG/HAG posts requiring technical/ Specialized knowledge

By
igeadmin
-

No. AB. 14017/34/2008-Estt. (RR) (Pt.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi, the 17th June, 2013

OFFICE MEMORANDUM

Subject: Recommendations of 6th CPC in para 6.1.13 regarding lateral entry against identified SAG/HAG posts requiring technical/ Specialized knowledge.

The Sixth Central Pay Commission (6th CPC) have inter alia recommended in para 6.1.13 of its Report that some of the SAG and HAG posts in Government requiring technical or specialized knowledge and which are not encadred in any of the Service be identified and filled by suitable officers within the Government as well as by the outsiders.

2. A copy of the relevant extracts of the recommendations of the 6th CPC is enclosed. The recommendations envisage that selection to such posts be through the UPSC and the Government employees applying for the posts, at the time of applying, be given the option to continue in the normal pay and allowances or receiving market driven salary, on selection. The objective is to ensure availability of the best talent for these higher level posts in Government and to bring in a higher sense of participation among citizens.

3. The recommendations have been examined in consultation with Department of Expenditure and UPSC in this Department, UPSC agrees to make selection, in accordance with its mandate as given to it by the Constitution, for all posts so identified. However, selection methodology shall be worked out as and when the complete proposal specifying details of posts, duties attached to posts, qualification and experience required etc. are made available to them.

4. The various Ministries/Departments would need to carry out an exercise in this regard for identifying posts requiring technical/specialized knowledge and examine the need for such contract appointment in the Ministry/Department.

5. A Note on guidelines for making contract appointment along with draft contract agreement is enclosed. It is requested that comments on the issue of having lateral entry into high level posts may be submitted to this Department by 15th July, 2013.

6. Hindi version will follow.

(Mukta Goel)
Director (E-l)

Original Copy :
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/AB14017_34_2008-Estt-RR.pdf

Representation from Government servant on service matters

By
igeadmin
-

No.11013/08/2013-Estt.(A)-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated the 6th June, 2013

OFFICE MEMORANDUM

Subject: Representation from Government servant on service matters.

The undersigned is directed to refer to the Ministry of Home Affair’s O.M No.118/52-Ests. dated the 30th April, 1952, O.M No. 25/34/68-Estt.(A) dated the 20th December, 1968 and this Department’s O.M No.11013/07/1999-Estt.(A) dated the 1st November, 1999 (copies enclosed for ready reference) on the above mentioned subject. This Department is receiving a number of representations, on service matters, addressed to the Prime Minister / Minister / Secretary (P) and other officers directly from the Government servants.

2. It has been envisaged in these instructions that whenever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redress of a grievance, the proper course for him is to address his immediate official superior, or the Head of his office, or such other authority at the lowest level as is competent to deal with the matter. Of late, it is observed that there is an increasing tendency on the part of officers at different levels to by-pass the prescribed channels of representation and write directly to the high functionaries totally ignoring the prescribed channels. The problem is more acute in large Departments where often very junior employees at clerical level address multiple representations to the Minster, Prime Minister and other functionaries. Apart from individual representations, the service unions have also developed a tendency to write to the Ministers and Prime Minister on individual grievance. Some of these representations are often forwarded through Members of Parliament, in violation of Rule 20 of the CCS (Conduct) Rule, 1964.

3. Existing instructions clearly provide that representations on service matters should be forwarded through proper channel. The stage at which an advance copy of the representation may be sent to higher authorities has also been indicated. In MHA O.M. No. 25/34/68-Estt.(A) dated 20.12.68 time limits for disposal of various types of representations have been prescribed. If it is anticipated that an appeal or petition cannot be disposed of within a month of its submission, an acknowledgement or interim reply should be sent to the individual within a month.

4. Thus adequate instructions are available in the matter of submission of representations by the Government servants and treatment of the representations by the authorities concerned. As such submission of representations directly to higher authorities by- passing the prescribed channel of communication, has to be viewed seriously and appropriate disciplinary action should be taken against those who violate these instructions as it can rightly be treated as an unbecoming conduct attracting the provisions of Rule 3 (1) (iii) of the CCS (Conduct) Rules. 1964.

5. It is again reiterated that these instructions may be brought to the notice of all Govt. servants and appropriate disciplinary action may be taken against those who violate these instructions.

Y.K.Wadhwa)
Under Secretary to the Government of India

Copy of the Office Memorandum No.118/52-Ests. Dated 30th April, 1952

Representations from Government Servants on service matters — advance copies.

Reference are frequently received in this Ministry enquiring whether the submission of advance copies of representations to higher authorities is permissible and as to the treatment that should be accorded to such copies. The matter has been carefully considered and the following instructions are issued for the guidance of al concerned

2. Whenever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redress of a grievance, the proper course for him is to address his immediate superior official, or the Head of office, or such other authority at the lowest level as he is competent to deal with the matter. An appeal or representation to a higher authority must not be made unless the appropriate lower authority has already rejected the claim or refused relief or ignored or unduly delayed the disposal of the case. Representations to still higher authorities (.e.g. those addressed to the President, the Government or to Hon’ble Minister) must be submitted through the proper channel (i.e, the Head of Office, etc. concerned). There will be no objection at that stage, but only at that stage to an advance copy of the representation being sent direct.

3. The treatment by the higher authorities of advance copies of representations so received should be governed by the following general principles —

(a) If the advance copy does not clearly show that all means of securing attention or redress from lower authorities have been duly tried and exhausted, the representation should be ignored or rejected summarily on that ground, the reasons being communicated briefly to the Government servants. If the Government servant persists in this prematurely addressing the higher authorities, suitable disciplinary action should be taken against him.

(b) If the advance copy shows clearly that all appropriate lower authorities have been duly addressed and exhausted, it should be examined to ascertain whether on the facts as stated, some grounds for interference or for further consideration, prima facie exist. Where no such grounds appear, the representation may be ignored or summarily rejected , the reasons being communicated briefly to the Government servant.

(C) Even where some grounds for interference or further consideration appear to exist, the appropriate lower authority should be asked. within a reasonable time, to forward the original representation, with its report and comments on the points urged. There is ordinarily no justification for the passing of any orders on any representation without thus ascertaining the comments of the appropriate lower authority.

4. Some Government servants are in the habit of sending copies of their representations also to outside authorities, i.e. authorities who are not directly concerned with the consideration thereof (e.g. other Honorable Minister, Secretary, Members of Parliament, etc). This is a most objectionable practice, contrary to official propriety and subversive of good discipline and all Government servants are expected scrupulously to eschew it.

Copy of the Office Memorandum No. 25/34/68-Estt.(A) Dated 20.12.1968

Representations from Government servants on service matters — Treatment of

Reference is invited to the Ministry of Home Affairs Office Memorandum No.118/52-Ests. Dated the 30th April, 1952 on the subject mentioned above (copy enclosed for ready reference). It has been brought to the notice of the Ministry of Home Affairs that undue delay occurs very often in the disposal of representations from Government servants in regard to matters connected with the service rights or conditions which causes hardship to the individuals concerned.

2. The representations from Government servants on service matters may be broadly classified as follows :-

(1) Representations/complaints regarding non-payment of salary/allowances or othe dues.

(2) Representations on other service matters,

(3) Representations against the orders of the immediate superior authority: and

(4) Appeals and petitions under statutory rules and orders (e.g. Classification Control and Appeal Rules and the petition Instructions).

3. In regard to representations of the type mentioned at (1) and (2) above, if the individual has not received a reply thereto within a month of its submission, he could address, or ask for an interview with the next higher officer for redress of his grievances. Such superior officer should immediately send for the papers and take such action as may be called for, without delay.

4. Representations of the type mentioned at (3) above, would be made generally only in cases where there is no provision under the statutory rules or orders for making appeals or petitions. Such representations also should be dealt with as expeditiously as possible. ‘The provisions of the preceding paragraph would apply to such representations also, but not to Later representations made by the same Government servant on the same subject after his earlier representation has been disposed off appropriately.

5. In regard to the representations of the type mentioned at (4) above, although the relevant rules or orders do not prescribe a time limit for disposing of appeals and petitions by the competent authority, it should be ensured that all such appeals and petitions receive prompt attention and are disposed within a reasonable time. If it is anticipated that an appeal or a petition cannot be disposed of within a month of its submission, an acknowledgement or an interim reply should be sent to the individual within a month.

6. The instructions contained in paragraph 2 of this Ministry’s Office Memorandum No.118/52-Ests. Dated the 30th April, 1952, will stand modified to the extent indicated in the paragraphs 3, 4 and 5 above.

No.11013/7/99-Estt.(A)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi, dated the 1st November, 1999

OFFICE MEMORANDUM

Subject: Representation from Government Servants on Service matters.

The undersigned is directed to refer to the Ministry of Home Affairs O.M.No.118/52-Ests. dated 30th April, 1952 on the subject mentioned above (copy enclosed for ready reference).

2. It has been envisaged in these instructions that whenever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redress of a grievance, the proper course for him is to address his immediate official superior, or the Head of Office, or such other authority at the lowest level as he is competnet to deal with the matter. Of late, it is observed that there has been a tendency on the part of officers at differnet levels to by-pass the prescribed channels of representation and write directly to the high functionaries totally ignoring the prescribed channels. The problem is more acute in large Departments where often very Junior employees at clerical level address multiple representations to the Minister, Prime Minister and other functionaries. Apart from individual representations, the service unions have also developed a tendency to write to the Ministers and Prime Minister on individual grievances. Some of these representations are often forwarded through Members of Parliament, in violation of Rule 20 of the CCS (Conduct) Rule, 1964.

3. Existing instructions clearly provide that representations on service matters should be forwarded through proper channel. The stage at which an advance copy of the representation may be sent to higher authorities has also been indicated. In MHA O.M. No. 25/34/68-Estt.(A) dated 20.12.68 (copy enclosed) time limits for disposal of various types of representations have been prescribed. If it is anticipated that an appeal or petition cannot be disposed of within a month of its submission, an acknowledgement or interim reply should be sent to the individual within a month.

4. Thus adequate instructions are available in the matter of submission of representations by the Government servants and treatment of the representations by the authorities concerned. As such submission of representations directly to higher authorities by- passing the prescribed channel of communication, has to be viewed seriously and appropriate disciplinary action should be taken against those who violate these instructions as it can rightly be treated as an unbecoming conduct attracting the provisions of Rule 3 (1) (iii) of the CCS (Conduct) Rules. 1964.

5. It is again reiterated that these instructions may be brought to the notice of all Govt. servants and appropriate disciplinary action may be taken against those who violate these instructions.

(T.O.Thomas)
Deputy Secretary to the Government of India

Original Order :
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11013_08_2013-Estt-A-III.pdf

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