Small Savings Schemes Interest rates from Oct 2022 to Dec 2022: Government hikes interest rate
F.No.1/4/2019-NS Government of India Ministry of Finance Department of Economic Affairs (Budget Division)
North Block, New Delhi Dated: 29.09.2022
Office Memorandum
Subject: Revision of interest rates for Small Savings Schemes โ reg.
The rates of interest on various Small Savings Schemes for the third quarter of financial year 2022-23 starting from 1st October, 2022 and ending on 31st December, 2022 have been revised as detailed below:
AICPIN for August 2022: Consumer Price Index for Industrial Workers
TheLabour Bureau, an attached office of the M/o Labour & Employment, has been compiling Consumer Price Index for Industrial Workers every month on the basis of retail prices collected from 317 markets spread over 88 industrially important centres in the country. The index is compiled for 88 centres and All-India and is released on the last working day of succeeding month. The index for the month of August, 2022is being released in this press release.
The All-India CPI-IW for August, 2022ย increased by 0.3 points and stood at 130.2 (one hundred thirty point two). On 1-month percentage change, it increased by 0.23 per cent with respect to previous month compared to an increase of 0.16 per cent recorded between corresponding months a year ago.
The maximum upward pressure in current index came from Food & Beverages group contributing 0.19 percentage points to the total change. At item level Rice, Wheat Atta, Arhar/Tur Dal, Wheat, Mango, Buffalo Milk, Cooked Meal, Telephone Charges mobile etc. are responsible for the rise in index. However, this increase was largely checked by Apple, Tomato, Poultry Chicken, Soyabeen oil, Sunflower Oil, Egg Hen, Electricity Domestic, Petrol for Vehicle etc. putting downward pressure on the index.
At centre level, Solapur recorded a maximum increase of 3.9 points followed by Agra with 3.2 points. Among others, 5 centres recorded increase between 2 to 2.9 points, 20 centres between 1 to 1.9 points and 27 centres between 0.1 to 0.9 points. On the contrary, Jamshedpur recorded a maximum decrease of 3.7 points. Among others, 8 centers recorded decrease between 1 to 1.9 points and 24 centres between 0.1 to 0.9 points. Rest one centre index remained stationary.
Year-on-year inflation for the month stood at 5.85 per cent compared to 5.78 per cent for the previous month and 4.80 per cent during the corresponding month a year before. Similarly, Food inflation stood at 6.46 per cent against 5.96 per cent of the previous month and 4.83per cent during the corresponding month a year ago.
Y-o-Y Inflation based on CPI-IW (Food and General)
All-India Group-wise CPI-IW for July,2022 and August,2022
Sr. No.
Groups
July,2022
August,2022
I
Food & Beverages
129.7
130.2
II
Pan, Supari, Tobacco & Intoxicants
144.4
145.7
III
Clothing & Footwear
127.2
128.2
IV
Housing
121.0
121.0
V
Fuel & Light
178.2
177.4
VI
Miscellaneous
126.1
126.6
General Index
129.9
130.2
CPI-IW: Groups Indices
The next issue of CPI-IW for the month of September, 2022 will be released on Monday, 31thย October, 2022. The same will also be available on the office website www.labourbureaunew.gov.in.
Dearness Allowance payable to Central Government employees shall be enhanced from the existing rate of 34% to 38% of the basic pay with effect from 1st July 2022
Transport Allowance, Dearness Allowance, and Total Salary will also change based on the 38 percent dearness allowance.
As per the 7th CPC recommendation, Transport Allowance will also change based on the latest Dearness Allowance percentage.
7th Pay Commission Recommendation for Transport Allowance
The central government implemented the 7th Pay Commission Transport Allowance and releasedย Office Memorandum No.21/5/2017-E.II (B) dated 7th July 2017, in addition to this OM, FinMin also released anotherย Office Memorandumย on 2nd August 2017 O.M No.21/5/2017-E.II(B)ย with partial modification on Transport Allowance to CG Employees for the pay of Rs.24200/- & above in Pay Level 1 & 2
Cabinet approves DA hike by 4% from July 2022 for Central Govt Employees and Pensioners
Cabinet approves release of additional installment of Dearness Allowance and Dearness Relief @ 4% to Central Government employees and pensioners, due from 01.07.2022
The cabinet on Wednesday approved the proposal to increase the dearness allowance (DA) for central government employees and pensioners to 38 percent of the basic pay from 31 percent previously, up 4 percent, effective July 1, 2022.
Cabinet approves release of additional instalment of Dearness Allowance and Dearness Relief @ 4% to Central Government employees and pensioners, due from 01.07.2022#CabinetDecisions
At the Cabinet Committee on Economic Affairs (CCEA) meeting headed by Prime Minister Narendra Modi the proposal to release an additional installment of DA was approved to compensate for the price rise.
Since the effective date for the latest dearness announcement hike is July 1, the staff would be paid the arrears with their latest salaries.
The announcement will benefit about 47.68 lakh central government employees and 68.62 lakh pensioners and is also applicable for civilian employees and those employed in defence services.
PIB Statement
The Cabinet, chaired by Prime Minister, Shri Narendra Modi, has approved the release of additional instalment of Dearness Allowance and Dearness Relief @ 4% to Central Government employees and pensioners due from 01.07.2022 based on the percentage increase in 12 monthly average of All India Consumer Price Index for the period ending June, 2022.
The Central Government employees and pensioners will become entitled to higher amount of Dearness Allowance and Dearness Relief respectively, w.e.f. 01.07.2022.
The additional financial implications on account of this increase of Dearness Allowance to Central Government employees are estimated at Rs.6,591.36 crore per annum; and Rs.4,394.24 crore in the financial year 2022-23 (i.e. for a period of 8 months from July, 2022 to February, 2023).
The additional financial implications on account of this increase of Dearness Relief to pensioners are estimated at Rs.6,261.20 crore per annum; and Rs.4,174.12 crore in the financial year 2022-23 (i.e. for a period of 8 months from July, 2022 to February, 2023).
The combined impart on the exchequer on account of both Dearness Allowance and Dearness Relief would be of the order of Rs.12,852.56 crore per annum; and Rs.8,568.36 crore in the financial year 2022-23 (i.e. for a period of 8 months from July, 2022 to February, 2023).
REDRESSAL OF GRIEVANCES FILED BY GOVERNMENT SERVANT ON SERVICE MATTERS
Department of Personnel and Training has issued various instructions from time on redressal of grievances filed by Government servant on service matters. These instructions are broadly categorized as under:
(A) Representation from Government servant on service matters (B) Redressal of grievances โ Recourse to courts of law by Government servant
2. All these instructions issued till date have been consolidated under easily comprehensible headings for reference and guidance of all the concerned.
Part-A: Representation from Government servant on service matters
Whenever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redressal 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 appropriate level who is competent to deal with the matter in the organization.
Action by the authorities on the representations from Government servants on service matters:-
Sl. No.
Typeof representation/grievance
Actionbytheauthorities
(1)
(i) Representations/complaints regarding non- payment ofย salary/allowances other dues.
(ii) Representations on other service matters.
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.
(2)
Representations against the orders of the immediate superior authority
These types of representations 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 Sl. No. 1 above 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.
(3)
Appeals and petitions under statutory rules and orders (e.g. Classification, Control and Appeal Rules and the petition instructions)
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.
[Para 2 to 5 of OM No. 25/34/68-Estt.(A) dated 20.12.1968]
Representations directly to the higher authorities by-passing the prescribed channel of communication-
(a) 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 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 grievance. Some of these representations are often forwarded through Members of Parliament, in violation of Rule 20 of the CCS (Conduct) Rules, 1964.
[Para 2 of the OM No. 11013/7/99-Estt.(A) dated 01.11.1999] [Para 2 of the OM No. 11013/08/2013-Estt.A-III dated 06.06.2013]
(b) DoPT is also receiving a number of representations on service matters addressed to Prime Minister/ Minister/ Secretary (P) and other higher authorities/officers directly from the Government servants including the officers/ officials of para military forces and Army personnel.
[Para 1 of the OM No. 11013/08/2013-Estt.A-III dated 06.06.2013] [Para 1 of the OM No. 11013/08/2013-Estt.A-III dated 31.08.2015]
(c) In view of adequate instructions being available in the matter of submission of representations by the Government servants and treatment of the representations by the authorities concerned, 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. It is clarified that this would include all forms of communications including through e-mails or public grievances portal etc.
[Para 4 of the OM No. 11013/7/1999-Estt.A dated 01.11.1999] [Para 4 of the OM No. 11013/08/2013-Estt.A-III dated 06.06.2013] [Para 3 of OM No. 11013/08/2013-Estt.A-III dated 31.08.2015]
Treatment 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.
[Para 3 of OM No. 118/52-Ests dated 30.04.1952]
Representation from the relatives of Government servant
Relatives of a Government servant sometimes make representations concerning service matters affecting the Government servant. This is done in some cases in the hope of reviving a representation which the Government servant had himself made and which had been turned down. In some cases, this procedure is resorted to in order to get round the requirement that the Government servant should submit his representation through his official superiors. The practice is obviously undesirable, and should be strongly discouraged. It has accordingly been decided that no notice should be taken of a representation on service matters submitted by a relative of a Government servant. The only exceptions may be cases in which because of the death or physical disability, etc. of the Government servant, it is impossible for the Government servant himself to submit a representation.
[OM No. 25/21/63-Ests.(A) dated 19.09.1963]
Disciplinary Action on violation of these instructions
Appropriate disciplinary action may be taken against those who violate these instructions.
[Para 5 of the OM No. 11013/7/1999-Estt.A dated 01.11.1999] [Para 5 of the OM No. 11013/08/2013-Estt.A-III dated 06.06.2013]
Part-B: Redressal of grievances โ recourse of courts of law by Government
(a) Government servants seeking redress of their grievances arising out of their employment or conditions of service should, in their own interest and also consistently with official propriety and discipline, first exhaust the normal official channel of redress before they take the issue to a court of Law.
(b) Where, however, permission to sue Government in a court of Law for the redress of such grievances is asked for by any Government servant either before exhausting the normal official channels of redress or after exhausting them, he may be informed that such permission is not necessary.
Note: List of the OMs mentioned in this document is annexed. In case any reference to the relevant OM is required, the same may be accessed by clicking on the hyperlink or from the Archive Section of DOPTโs website.
ANNEXURE
List of OMs mentioned in this Document
1. OM No. 118/52-Ests dated 30.04.1952 2. OM No. 25/3/59-Ests.(A) dated 21.04.1959 3. OM No. 25/21/63-Ests.(A) dated 19.09.1963 4. OM No. 25/29/63-Ests.(A) dated 26.11.1963 5. OM No. 25/34/68-Estt.(A) dated 20.12.1968 6. OM No. 11013/7/99-Estt.(A) dated 01.11.1999 7. OM No. 11013/08/2013-Estt.A-III dated 06.06.2013 8. OM No. 11013/08/2013-Estt.A-III dated 31.08.2015
Revised composition of Representation Committee: Periodic Review of Central Government Employees FR 56(j)/(1)
No. 25013/1/2013-Estt.A-IV Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training (Estt.A-IV Desk)
North Block, New Delhi Dated: 22nd September, 2022
OFFICE MEMORANDUM
Subject: Periodic Review of Central Government Employees for strengthening of administration under FR 56(j)/ (1) and Rule 42 of CCS (Pension) Rules, 2021 (erstwhile Rule 48 of CCS (Pension) Rules,1972):- Revised composition of Representation Committee regarding.
The undersigned is directed to refer to this Department’s O.M. of even number dated 15.06.2022 on the above mentioned subject and to convey the decision of the Competent Authority to re-issue the orders in respect of the constitution of the Representation Committee as under:
i. Ms Arti Ahuja, Secretary, Ministry of Labour & Employment;
ii. Shri Puneet Kansal, Additional Secretary, Cabinet Secretariat; and
iii. One member nominated by Cadre Controlling Authority.
(Satish Kumar) Under Secretary to the Govt. of India
FAQs on reservation to Economically Weaker Sections in posts/services under Central Government
No. 43011/11/2022 – Estt. (Res-II) Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training Establishment (Res-II) Section
North Block, New Delhi Dated, the 19th September, 2022.
To
The Chief Secretaries All State Governments and UTs
Subject: Frequently Asked Questions (FAQs) on reservation to Economically Weaker Sections (EWSs) in posts/services under Central Government -reg.
Madam/Sir,
This Department issued O.M. No.36039/1/2019-Estt(Res) on 31.01.2019 providing for 10% reservation to Economically Weaker Sections (EWSs), who are not covered under the reservation scheme for SCs/STs/OBCs in respect of direct recruitment in civil posts and services in Central Government. In this regard, it is stated that it receives a number of references from various Ministries/Departments/individuals for clarification of certain issues. The Central Information Commission in a hearing held on 27.04.2022, directed to take necessary action to place in the public domain FAQs on EWS reservation to assist the information seekers in future. Accordingly, the undersigned is directed to inform that a set of FAQs on the subject has been prepared, as under, which may be of use while issuing Income & Asset Certificate to the candidates by the concerned authorities.
FAQs on Property
Question-1. If the land/property (more than threshold limit) is in the name of parents and there are more than one child and the property has not been distributed, then in that situation, can one of the children apply for EWS certificate?
Answer: No. Para 4.2 and 4.3 of said O.M. dated 31.01.2019 provides that the property held by a โFamilyโ in different locations or different places/cities would be clubbed while applying the land or property holding test to determine EWS status and the term โFamilyโ for this purpose will include the person who seeks benefit of reservation, his/her parents and siblings below the age of 18 years as also his/her spouse and children below the age of 18 years. Property beyond threshold limit tantamount to disqualification for applying to Income and Asset Certificate in respect of any of the children.
Question-2. In case agricultural land/residential flat/plot of parents is located in more than one State/ District or within the same State/District, all such land/properties will be clubbed or not?
Answer: Yes. Para 4.2 of said O.M. dated 31.01.2019 provides that, the property held by a โFamilyโ in different locations or different places/cities would be clubbed while applying the test to determine EWS status. Person can apply for Income and Asset Certificate in the district of his permanent address.
Question-3. Does the residential flat/plot as classified under Para 4.1 of DoPT O.M. dated 31.1.2019 , includes both commercial and residential property?
Answer: Para 4.1 of the O.M. dated 31.1.2019 , speaks of residential property. However, exclusion of commercial property will result in injustice. Hence, the definition of residential flat/plot in the OM also includes the commercial property.
Question -4. Will the property of grandparents not distributed among the parents of the applicants be counted towards calculating the assets held by the parents of applicants for the purpose of Income and Asset Certificate?
Answer: No. Grandparent is not a part of a family under para 4.3 of O.M. dated 31.01.2019ย
Question-5. If half of the residential plot, i.e. 90 square yards is in urban area (notified municipalities) and rest 90 square yards is in rural areas (other than the notified municipalities), how will the residential plot be treated?
Answer: It will be 90 square yards in urban area and remaining 90 square yards in rural area. Hence, as laid down in Para 4.1 of O.M. dated 31.01.2019 , it is neither 100 square yards in notified municipalities nor 200 square yards in other than notified municipalities. As such, eligibility will remain for EWS certificate.
Question-6. If the construction of a residential flat/plot is on barren land, does that property come under residential flat or agricultural land?
Answer: If it is a flat, the criteria of Income & Assets applicable for residential flat of 1000 square feet and above as provided in para 4.1(ii) of the O.M. dated 31.01.2019 , will apply. If it is a plot, again, the criteria of notified municipality or the area other than the notified municipality will apply as provided in Para 4.1 (iii) and (iv) of the O.M. dated 31.01.2019 .
Question-7. What does residential plot mean? How is residential plot measured ?
Answer: Residential plot means a plot for the purpose of construction of residential house irrespective of the fact whether the house has been constructed or not. The entire area of the plot will be taken into account while assessing the eligibility of a candidate to get an Income & Asset Certificate. In this regard, rules/regulations framed by the respective Municipality/Panchayat shall be taken into account.
Question-8. What is the difference between residential flat and residential plot ?
Answer. For the purpose of reservation in the category of EWS, the term โPlotโ connotes an independent identity, whereas the term โflatโ connotes a number of residential units/dwelling units built on the same plot.
Question-9: If a person has residential flat/plot on agricultural land will that be treated as agricultural land or residential flat/plot ?
Answer: Built up area of the flat and the covered area plus the area left uncovered of the plot (as per rules of Municipality/Panchayats) will be treated as residential area and additional land beyond residential flat/ plot, being used for agricultural purpose, may be treated as agricultural land. This will be specifically for the purpose of determination of EWS status and not for any other purpose.
Question-10. In case of residential flat, whether super area (including common area viz, stair case, gardens, roads within the society, as distributed among the flats) or total area of the flat (including brick/pillar area) or carpet area (excluding brick and pillar area) is to be taken into account for computation of the measurement of the flat ?
Answer. Total built up area of the residential unit/flat, including brick/pillar area (excluding staircase area and common area), is to be taken into account for computation of measurement of the flat.
FAQs on Category of Applicant
Question-11. Migrants belonging to Scheduled Castes (SCs), Scheduled Tribe(STs), Other Backward Castes(OBCs) in other State where they do not belong to SC, ST and OBC, then in that case, can they apply for EWS reservation?
Answer: As per Para 2 of DoPT O.M. No. 36039/1/2019-Estt.(Res.), dated 31.01.2019, the persons belonging to EWSs who, are not covered under the scheme of reservation for SCs, STs and OBCs shall get 10% reservation in direct recruitment in civil posts and services in the Government of India. Applicants belonging to SC, ST or OBC included in the Central List residing in any of the States/UTs are not eligible for EWS reservation in respect of posts/services of the Government of India.
Question-12. If a person belongs to Other Backward Classes (OBCs) in a State list but not in Central List, can he apply for Income and Asset Certificate?
Answer: Para 2 of annexure-I to O.M., dated 31.01.2019, regarding Income & Asset Certificate reads as under: โ
โShri/Smt./Kumari _____ belongs to ____ the caste which is not recognized as a Scheduled Caste, Scheduled Tribe and Other Backward Classes (Central List) _____โ.
Therefore, if a person belongs to OBC in a State list but not in Central List, he/she can apply for Income and Asset Certificate for applying to posts and services of the Government of India to avail of EWS reservation subject to fulfilling other conditions, as mentioned in said OM, dated 31.1.2019.
FAQs on vacancies
Question-13. How can the unfilled vacancies of EWS be filled in a recruitment year in case of non-availability of suitabie candidates belonging to EWS ?
Answer: As per Para 6.3 of DoPT OM No. 36039/1/2019-Estt.(Res.), dated 31.3.2019, where in any recruitment year any vacancy earmarked for EWS cannot be filled up due to non availability of a suitable candidate belonging to EWS, such vacancies for that particular recruitment year shall not be carried forward to the next recruitment year as backlog. A further attempt in the same recruitment year to fill the EWS vacancy is desirable. Thereafter, the unfilled vacancies may be filled up, treating them as unreserved provided it does not result in excess representation in general category beyond the number added on account of non-availability of EWS candidate. If it results in excess representations, it may be diverted to the category in which shortfall exists.
Question-14. Whether EWS reservation is to be calculated on total number of vacancies of cadre strength or current year vacancies.
Answer: EWS reservation should be calculated in accordance with reservation roster as provided in Annexure โ II to V of DoPT OM, dated 31.1.2019. EWS reservation is effective in respect of all direct recruitment vacancies to be notified on or after 01.02.2019. Every Government establishment shall recast group-wise post-based reservation roster register for direct recruitment, in accordance with format given in Annexure Il, Ill, IV and V of DoPT OM, dated 31.1.2019, as the case may be, for effecting 10% reservation for EWSs interpolating them with the SCs, STs and OBCs. Thereafter, they can see the point which was vacated in the Post Based Roster. The vacancies will, accordingly, go to respective categories. Current vacancies are to be taken into account to distribute vacancies amongst different categories.
FAQs on Income
Question-15. Whether money earned through Provided Fund, Gratuity or other pensionary benefits in a particular financial year at the time of retirement will be counted as family income ?
Answer: As per Para 4.1 of DoPT O.M. No. 36039/1/2019-Estt.(Res.), dated 31.01.2019, apart from asset holding test, persons whose family has gross annual income below Rs 8.00 lakh (Rupees eight lakh only) are to be identified as EWSs for benefit of reservation. Income for the purpose shall include income from all sources i.e. salary, agriculture, business, profession, etc. for the financial year prior to the year of application. The income for this purpose will be. gross income taken into account for the purpose of Income Tax.
Question-16. Will monthly pension/family pension be counted for family income?
Answer: Yes.
Question-17. Gross salary is Rs.10 Lakh but as per income tax return total income comes out to Rs.6 Lakh. In that case, can a candidate apply for Income and Asset certificate?
Answer: It is always gross salary/gross income..
FAQs on Competent Authorities for issuance of Income & Asset Certificate
Question-18. Can Competent Authorities of different States and Union Territories issue Income and Asset Certificate in different formats?
Answer: No. Prescribed format for Income & Asset Certificate for applying to posts and services under the Government of India has been prescribed vide Annexure-I of DoPT O.M. No. 36039/1/2019-Estt.(Res.-II),dated 31.01.2019. Hence, it cannot be different for different States/UTs for the purpose of employment under the Central Government.
Question-19. Whether Anchal Adhikari or Naib-Tehsildar is a competent Authority to issue a EWS certificate?
Answer: Anchal Adhikari of any State/UT can issue Income and Asset Certificate, if he/she is not below the rank of Tehsildar or any other equivalent a as mentioned in Para 5.1 of DoPT OM, dated 31.1.2019, and as notified by the respective State/UT. If the Anchal Adhikari/Naib Tehsildar is below the rank of Tehsildar, they shall not issue Income & Asset Certificate.
FAQs regarding Income & Asset Certificate
Question-20. In case Income and Asset certificate comes out to be a fake/false at a later stage, what will be the next course of action to be followed by the Appointing Authority ?
Answer: Para 5.4 DoPT OM, dated 31.01.2019 provides that the appointing authorities should, in the Offer of appointment to the candidates, claiming to be belonging to EWS, include the following clause :- โThe appointment is provisional and is subject to the Income and asset certificate being verified through the proper channels and if the verification reveals that the claim to belong to EWS is fake/false the services will be terminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of fake/false certificate.
The appointing authority should verify the veracity of the Income and asset certificate submitted by the candidate through the certificate issuing authority.โ
If the Income & Asset Certificate is found to be fake, the services of the temporarily appointed person shall be done away with.
Question-21. Crucial date for Income & Asset certificate?
Answer: Para 5.3 DoPT OM, dated 31.01.2019, provides that the crucial date for submitting income and asset certificate by the candidate may be treated as the closing date for receipt of application for the post, except in cases where crucial date is fixed otherwise. The crucial date for submission of Income & Asset Certificate (Cutoff date) shall be clearly mentioned in the advertisement published by the recruiting agencies. Income & Asset Certificates issued subsequent to the crucial date and for the later Financial Year shall be treated as major discrepancies. In this regard, the order, dated 18.05.2020 passed by the Honโble Supreme Court in SLP(C) No. 426/2021 titled UPSC vs Gaurav Singh & Ors, may be referred to.
Question-22. Requirement of seal/stamp of name and designation of Income & Asset certificate issuing authority of State/UT.
Answer. The authorized certificate issuing authorities in the States/UTs should invariably affix the seal/stamp properly displaying their name and designation on the space earmarked for the purpose in the Income and Asset Certificate (Annexure-| of DoPT OM, dated 31.01.2019).
Question-23. What if the earmarked space of โValid for the year โ below the certificate no. and date is left blank?
Answer: As per Para 4.1 of DoPT OM No. 36039/1/2019-Estt.(Res.), dated 31.01.2019, Family Gross Annual Income shall be computed for the financial year prior to the year of application. Therefore, if the closing date for receipt of application for a post is 1ยฐโ August, 2022, the financial year for computing gross annual income of the family shall be 2021-2022 and the certificate shall be valid for 2022-2023. If it is left blank but the income and assets have been calculated for the correct financial year and also indicated in the body of the Income & Asset Certificate, it may be referred back to the certificate issuing authority for confirmation and filling up the validity year in the space earmarked for it. However, neither financial year nor validity year is mentioned in the certificate, it will be treated as a major discrepancies and may invite rejection.
Miscellaneous FAQs
Question-24. What are notified municipalitiesโ and areas falling in โother than the notified municipalitiesโ?
Answer. Notified Municipalities means the area under the respective Municipalities, as notified by the respective States/UTs. If any area has not been notified, it will come under the category of the area โother than the notified municipalitiesโ.
Question-25. Whether in case of applicants(s) not living with parents or separated by parents, property or income of parents shall be taken into account for computation of family income ?
Answer: As per Para 4.3 of DoPT O.M. No. 36039/1/2019-Estt.(Res.), dated 31.01.2019, The term โFamilyโ for this purpose will include the person who seeks benefit of reservation, his/her parents and siblings below the age of 18 years as also his/her spouse and children below the age of 18 years.
Therefore, no other definition of Family will be allowed. To make it clear, it is stated that whether the children are not living with parents or separated from parents, property/income of parents shall be taken into account for computation of family income.
Question-26. Whether siblings/children of 18 years or above will be counted under the definition of family for EWS reservation?
Answer: No. As per the Para 4.3 of O.M. of DoPT, dated 31.01.2019, the term โFamilyโ will include the person who seeks benefit of reservation, his/her parents and siblings below the age of 18 years, as also his/her spouse and children below the age of 18 years. Therefore, siblings/children of 18 years and above will not be counted under the definition of โFamilyโ for applying to Income and Asset Certificate.
Question-27. What is the maximum time limit to issue the Asset and Income Certificate for EWS after submitting the application?
Answer: The Officer who issues the certificate would do the same after carefully verifying all relevant documents following due process, as prescribed by the respective State/UT and, accordingly, time limit for issuing Income and Asset Certificate is to be decided by the respective State/UT. However, the time limit should be fixed in such a way that it does not harm the interest of the applicants.
Question-28. โ Whether the benefit of age relaxation and relaxation in number of attempts available to EWS candidates?
Answer: No. The conditions prescribed for General category candidates in matters of Age and Number of attempts, would also apply to EWS candidates.
2. In case any reply, as contained in this FAQ, contradicts any of the provisions made in DoPT OM, dated 31.1.2019, the provisions made in DoPT OM, dated 31.1.2019, shall prevail. The clarification contained in this FAQs shall be effective from the date of issue of this OM and it will not be applicable to the cases settled before the date of issue of this O.M. Further the clarifications are subject to outcome of different cases pending before various Courts on the subject.
3. This FAQs is being issued after having consultation with the Department of Social Justice and Empowerment and the Department of Legal Affairs.
4. This issues with the approval of Secretary (P).
Non-Functional upgradation for Officers of Organized Group A Services
No. AB.14017/30/2011-Estt.(RR) Vol.III Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training
New Delhi, the 21st September 2021
OFFICE MEMORANDUM
Subject:- Non-Functional upgradation for Officers of Organized Group โAโ Services.
In terms of this Department consolidation O.M. No. AB-14017/13/2022-Estt.(RR) dated 15.09.2022 (earlier OM No.AB.1 4017/64/2008-Estt.(RR) dated 24.04.09), regarding Non-Functional Upgradation for officers of Organised Group โAโ Services (OGAS), the details of batch of the officers belonging to the Indian Administrative Service who have been posted at the Centre in various grades were issued from time to time.
2. The details of the batch of IAS officers posted in the Centre in the grade of Additional Secretary as well as the date of posting of the first officer belonging to the respective batch in 2022 are indicated in the table below :
S.No
Batch and Level in IAS
ACC order issued on
Batch of Organized Group โAโ service to be considered for Non-Functional upgradation
1.
1996 as Additional Secretary
10.08.2022
1994 & earlier w.e.f. 10.08.2022
3. Grant of higher pay scale under Non-Functional Upgradation is subject to the terms and conditions provided in Para 4 (iii) of consolidated O.M. No. AB-14017/ 13/2022-Estt.(RR) dated 15.09.2022(Annex-I to earlier OM dated 24.4.2009). The Para 4 (111) states that all the prescribed eligibility criteria and promotional norms including โbenchmarkโ for up-gradation to a particular grade pay, have to be met, at the time of screening.
4. Therefore, officers belonging to OGAS, who have not been granted promotion in the above grades but have completed the necessary residency period in their respective feeder grades as on the crucial date of eligibility for promotion to these grades and are at least two batches senior to the batch of the IAS officers mentioned in the table below Para 2, shall be eligible to be considered for grant of NFU to Level-15 with effect from the date mentioned above.
Hindi version will follow.
(Ranjeet Kumar Sudhanshu) Under Secretary to Government of India
7th Pay Commission Revised Pay Levelsโ Issue of instructions on revision in minimum qualifying service required for promotion
F. No. AB-14017/4/ 2021-Estt.(RR) Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training
***
North Block, New Delhi. Date: 20 September 2022.
OFFICE MEMORANDUM
Subject: Revised Pay Levels as per recommendations of the Seventh Central Pay Commission โ Issue of instructions on revision in minimum qualifying service required for promotion โ regarding
The undersigned is directed to refer to this Departmentโs OM No. AB.14017/13/2016-Estt.(RR) dated 9.8.2016, wherein all Ministries/ Departments were advised to amend the Service Rules and Recruitment Rules by substituting the existing Pay Band and Grade Pay with the new pay structure i.e. โLevel in the Pay Matrixโ, as per the recommendations of 7th CPC and the CCS (Revised Pay) Rules 2016 issued by Department of Expenditure vide Notification dated 25th July, 2016, straightaway without making a reference to the Department of Personnel and Training (DOP&T)/ Union Public Service Commission (UPSC).
2. Attention is invited to this Departmentโs OM No AB.14017/61/2008- Estt. (RR) dated 24.3.2009, which was issued following implementation of the recommendation of the 6th CPC, indicating the revised minimum qualifying service required for promotion, to be prescribed in the Service/Recruitment Rules, as per the revised pay structure introduced as per recommendations of the 6th CPC and accepted by the Government. The said OM was issued in the context of earlier instructions issued vide DOPT OM No. AB.14017/2/97-Estt. (RR) dated 25.5.1998, prescribing the minimum qualifying service as per 5th CPC pay scales.
3. Instructions revising the minimum qualifying service required for promotion, as per 7th CPC Pay Matrix/ Pay Levels, have not been issued so far and proposals for framing/ amendment of RRs/Service Rules are still being considered, based on the requirements prescribed in OM dated 24.3.2009. Though the levels in Revised Pay Matrix as per 7th CPC Pay Matrix, generally correspond to the pre-revised Grade Pays/ Pay Scales (6th CPC), however, a need was felt to prescribe minimum qualifying service for promotion as per Pay Levels in the Revised Pay Matrix.
4. Therefore, the instructions issued vide DOPT OM dated 24.3.2009 has been reviewed, in consultation with the UPSC and with the approval of the competent authority it has been decided to revise the norms prescribing mm1mum eligibility service required for promotion, as per 7th CPC Pay Matrix and Pay Levels. The revised norms for minimum eligibility service for promotion have been indicated in the table at Annexure-I.
5. Therefore, the revised norms prescribing minimum eligibility service required for promotion, as per 7th CPC Pay Matrix and Pay Levels, given in Annexure-I , may be incorporated in the Recruitment Rules/Service Rules by malting suitable amendments. All the Ministries/Departments are, therefore, requested to effect necessary amendments to the Recruitment Rules/Service Rules, in this regard, after following the due procedure.
6. The Recruitment/Service Rules are of statutory nature. Moreover, any amendment in these Rules generally have prospective effect. Therefore, in terms of para 3.1.3 of DoPT OM No. AB. 14017/48/2010-Estt. RR dated 31.12.2010, wherever required, suitable โprotection clauseโ may be incorporated in the amendment proposed in the Recruitment/ service Rules, providing for retention of existing eligibility service for existing incumbents holding the feeder posts on regular basis, where the eligibility service for promotion prescribed in the existing rules is being enhanced and where the change is likely to affect the promotion of these incumbents.
7. Ministries/ Departments may initiate action to complete the review in this regard and furnish necessary amendment proposals to the DOPT and the UPSC in the case of Group A and Group B posts within six months from the date of issue of this Office Memorandum.
(Ranjeet Kumar Sudhanshu) Under Secretary to the Government of India
Recovery/waiver of the wrongful/excess payments made to Government Servants: DOPT Instruction
Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training Estt. (Pay-l) Section
Recovery/waiver of the wrongful /excess payments made to Government servants.
Department of Personnel & Training has issued instructions from time to time regarding recovery of wrongful/excess payments made to Government servants. The essence of these instructions has been summarized in the following paras for guidance and better understanding.
I. Supreme Court Judgments on the matter of recovery of excess payments:
The issue of recovery of wrongful/excess payments made to Government servants was examined by the Department of Personnel & Training in consultation with the Department of Expenditure and the Department of Legal Affairs in the light of the following judgments of the Honโble Supreme Court:
(i) Chandi Prasad Uniyal and Ors Vs State Of Uttarakhand And Ors, 2012 AIR SCW 4742, (2012) 8 SCC 417, decided on 17th August, 2012
(ii) State of Punjab & Ors Vs Rafiq Masih (White Washer) etc in CA No.11527 of 2014 (Arising out of SLP(C) No.11684 of 2012) decided on 18th December, 2014.
II Procedure to deal with the issue of wrongful/excess payments:
In view of the law declared by Courts and reiterated by the Honโble Supreme Court in the case of Chandi Prasad Uniyal and Ors Vs State of Uttarakhand and Ors, 2012 AIR SCW 4742, (2012) 8 SCC 417, the Ministries/Departments were advised to deal with the issue of wrongful/excess payments as follows:
i. In all cases where the excess payments on account of wrong pay fixation, grant of scale without due approvals, promotions without following the procedure, or in excess of entitlements etc. come to notice, immediate corrective action must be taken.
ii. In a case where the authorities decide to rectify an incorrect order, a show-Cause notice may be issued to the concerned employee informing him of the decision to rectify the order which has resulted in the overpayment, and intention to recover such excess payments. Reasons for the decision should be clearly conveyed to enable the employee to represent against the same. Speaking orders may thereafter be passed after consideration of the representations, if any, made by the employee.
iii. Whenever any excess payment has been made on account of fraud, misrepresentation, collusion, favoritism, negligence or, carelessness, etc., roles of those responsible for overpayments in such cases, and the employees who benefitted from such actions should be identified, and departmental/criminal action should be considered in appropriate cases.
iv. Recovery should be made in all cases of overpayment barring few exceptions of extreme hardships. No waiver of recovery may be allowed without the approval of Department of Expenditure.
v. While ordering recovery, all the circumstances of the case should be taken into account. In appropriate cases, the concerned employee may be allowed to refund the money in suitable installments with the approval of Secretary in the Ministry, in consultation with the Financial Adviser (FA).
vi. Wherever the relevant rules provide for payment of interest on amounts retained by the employee beyond the stipulated period etc. as in the case of Travelling Allowance (TA), interest would continue to be recovered from the employee as heretofore.
III. Situations wherein recoveries of wrongful/excess payments by the employers would be impermissible in law
Para II(iv) of the above instructions provides inter-alia that recovery should be made in all cases of overpayment barring few exceptions of extreme hardships. The issue was considered by the Honโble Supreme Court in the case of State of Punjab & Ors Vs Rafiq Masih (White Washer) etc. in CA No.11527 of 2014 (arising out of SLP(C) No.11684 of 2012}. In this case, the Honโble Supreme Court observed that it is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. The Honโble Supreme Court summarized the following few situations, wherein recoveries by the employers would be impermissible in law:-
(i) Recovery from employees belonging to Class-III and Class-IV service (or Group โCโ and Group โDโ service).
(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.
(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.
(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.
(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employerโs right to recover.
IV Procedure to deal with wrongful/excess payments by the Administrative Ministry/ Departments
Ministries / Departments may deal with the issue of wrongful/excess payments made to Government servants accordingly. Wherever waiver of recovery in the above-mentioned situations is considered, administrative Ministries/ Departments may process the same with the express approval of Department of Expenditure in terms of DoPTโs OM No.18/26/2011-Estt (Pay-l) dated 6th February, 2014.
Note: List of the OMs mentioned in this document is annexed. In case any reference to the relevant OM is required, the same may be accessed from the Archive Section of Department of Personnel and Trainingโs website.
