Tuesday, December 16, 2014

Review of Automated System of Allotment of General Pool Residential Accommodation

No.12035/16/2010-Pol.II
Government of India
Ministry of Urban Development
Directorate of Estates

Nirman Bhavan,
New Delhi – 110 108.
Dated the 8th December, 2014

OFFICE MEMORANDUM

Sub : Review of Automated System of Allotment [ASA] – cancellation of enblock change waiting list placed above the unified waiting lists in Types I to IV General Pool Residential Accommodation

The undersigned is directed to refer to the Directorate of Estates O.M. of even number dated 22.12.2010 and 18.11.2011 vide which the then change waiting list [which was based on first-come-first-serve principle] of allottees, who technically accepted the allotted accommodation, for Type I to IV general pool residential accommodation were frozen and placed en block senior to the unified waiting lists prepared as per the new guidelines for Automated System of Allotment [ASA] for change allotments in Type I to IV accommodations.

2. The matter has been reviewed and it has been decided with the approval of the competent authority that the enblock change waiting lists for Type I to IV accommodation placed above the unified waiting lists shall be cancelled immediately. Change as well as initial allotments in Type I to IV accommodation shall be made from the unified waiting lists prepared for the purpose as per the extant rules and guidelines with effect from January, 2015. The existing allottees who had earlier applied for change after furnishing technical acceptance of allotment before introduction of Automated System of Allotment and who were placed enblock above the unified waiting lists, shall now have to apply afresh for change of allotment in respect of Type I to IV general pool residential accommodation.

(M.K.Sharma)
Deputy Director of Estates





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PRESS RELEASE REGARDING CHRISTMAS HOLIDAY ON 25 th DECEMBER 2014

Press Note

Newspaper article in Times of India today i.e., 15th December, 2014 gives a distorted impression that schools have been asked to remain open on 25th December.

2. This is to clarify that CBSE has not directed any school to remain open on 25th December. All schools will follow their vacation schedule including vacation/holiday on 25th December as specifically clarified by CBSE.

3. The proposed instructions of the CBSE are to conduct an online essay competition on 24th and 25th December 2014 which is completely voluntary. CBSE has neither issued any circular on its website nor issued any instructions to any school for remaining open on 25th December 2014.

4. Even the CBSE as an office will remain closed as a public holiday on 25th December on account of Christmas Day. For the event of online essay competitions on that day, no official of CBSE is required to come to office for specifically conducting essay competition as the essays will be received online through the specified time schedule.

5. This online essay competition is completely voluntary and the students if they so desire can participate from their homes or any other place which provides online access. There is no requirement for any school to remain open on that day and the school vacations will be adhered to.

6. Navodaya Schools are residential schools. As the vacation pattern in JNVs depends on climatic conditions, the 25th of December 2014 will be celebrated in those schools which do not have any winter break. In such schools, since it is a public holiday on 25th December, the schools will also remain closed that day as no classes would be held. As a residential school, however, the school functions because children continue to remain there and these children will have the opportunity to clarified that no other activities for this competition are being held except the opportunity to submit their essays online voluntarily.

7. Kendriya Vidyalayas are observing vacations during that period and hence all Kendriya Vidyalalyas will remain closed. Students of Kendriya Vidyalayas if they so desire can participate voluntarily in the online essay competition from their homes or any other place. Kendriya Vidyalaya has not given any directions for the schools to remain open during the vacations.

8. In view of this, no child or student will be deprived of celebrating the holidays or vacations or participating in their own festivals and religious festivals whole heartedly.

9. No instructions have been issued to State Governments.

10. No clarification was sought by the reported from the Secretary, School Education before going to Press.

Source http://mhrd.gov.in/sites/upload_files/mhrd/files/PressRel.pdf
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Government Reply on 7th Pay Commission and its Interim Report

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
RAJYA SABHA

UNSTARRED QUESTION NO-230

ANSWERED ON-25.11.2014

7th Pay Commission

230 . SHRI SHANTARAM NAIK

a) the details of meetings, the 7th Pay Commission has taken so far and the items/issues discussed till date;

b) the States, visited, by the Commission if any till date and the States which the Commission proposes to visit;

c) whether the Commission proposes to take the views of the State Governments as regards their pay-scales since invariably, most of the States adopt the Central Pay Commission reports;

d) whether Commission proposes to submit any interim report;

e) whether the Commission proposes to make any recommendations to bring in financial transparency; and

f) if so, the details thereof?

ANSWER

SHRI JAYANT SINHA
MINISTER OF STATE IN THE MINISTRY OF FINANCE

(a)&(b): The 7th Central Pay Commission is required to make its recommendations on its Terms of Reference. Also, the Commission is to devise its own procedure. The Commission’s Terms of Reference do not enjoin upon it to keep the Government updated on its functioning and the procedure being followed by it during the course of its deliberations.

(c ): The Terms of Reference of the Commission provide that the Commission will make its recommendations, keeping in view, inter alia, the likely impact of the recommendations on the finances of the State Governments, which usually adopt the recommendations with some modifications.

(d)to(f): The Commission is required to submit its report on its Terms of Reference. However, no Report, including any interim one, has so far been submitted by the Commission.

Source:http://rajyasabha.nic.in/

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Pay Parity for Defence Personnel

The three Services, in the Joint Services Memorandum submitted by them to the Seventh Central Pay Commission have projected following major parity issues:

Review and enhancement of Grade Pay of Service Officers and Personnel Below Officer Rank (PBORs);

Initial Pay fixation of Lieutenant Colonel, Colonel and Brigadier equivalents;.

Placing of all Lieutenant General / equivalent in Higher Administrative Grade + (HAG+) scale;

Grant of Non-Functional upgradation to Defence Services Officers; and

Common Pay Scales for Junior Commissioned Officers (JCOs) / Other Ranks (ORs).

The principle of One Rank One Pension has been accepted by the Government. The modalities for its implementation have been discussed with various stakeholders.

This information was given by Defence Minister Shri Manohar Parrikar in a written reply to Shri Ajay Sancheti in Rajya Sabha today.

DM/HH/RAJ
(Release ID :113395)

Source:http://www.pib.nic.in/newsite/erelease.aspx?relid=0
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Monday, December 15, 2014

Increase in retirement age from 60 to 62

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
RAJYA SABHA
UNSTARRED QUESTION NO-2121
ANSWERED ON-11.12.2014
Increase in retirement age
2121 . Shri Mahendra Singh Mahra

(a) whether Government has decided to increase the retirement age of Central Government employees from 60 years to 62 years, if not, by when such a decision is expected to be taken;

(b) whether such a decision would not result in reduction of employment opportunities to the educated youth of the country; and

(c) if so, the details of rationale for increasing the retirement age?

ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)

(a): No, Sir.

(b) & (c): Do not arise.

Source: http://164.100.47.4/newrsquestion/ShowQn.aspx
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Pension promise in peril?OROP ARTICLE IN TOI

Military veterans claim babus are thwarting PM Modi's poll pledge of one-rank-one-pension by inflating its cost estimates

Roman emperor Augustus started the tradition of military pensions in 13 BC, when every legionary who had fought 20 years for Rome was guaranteed a pension for-life. It set the bar for modern armies, and independent India continued the British tradition of financially privileging military service until the mid-1970s, when soldiers were paid more than civilian bureaucrats, in service and after retirement. All that changed with the Third Pay Commission, which brought military salaries in line with civil services, and while soldiers have long complained about political control over the military in independent India mutating into bureaucratic control, a row over the NDA's promise for one-rank-one-pension (OROP) for military veterans is raising questions about the government's ability to translate its intent into action.


Fifteen months after Narendra Modi first demanded it immediately after being anointed the BJP's PM candidate, 10 months after the UPA government granted it, five months after NDA's finance minister Arun Jaitley confirmed it and almost two months after the PM told soldiers in Siachen that it was his "destiny that onerank-one pension has been fulfilled", military veterans are questioning why the promise has still not been implemented.

Number games

Put simply, OROP means that every pension-eligible soldier who retires in a particular rank deserves the same pension, irrespective of date of retirement. Currently, soldiers who left the armed forces more recently receive more than those who did earlier, because successive pay commissions hiked salaries. Two days after he was anointed BJP's PM-candidate in September 2013, Modi vehemently supported the OROP demand at a veterans' rally in Rewari. With roughly 12 lakh veterans also constituting a huge vote-bank, UPA government approved the demand in February 2014, and it was reaffirmed by NDA in July, when finance minister Arun Jaitley specifically provisioned Rs 1,000 crore in his 2014-15 budget (within an overall defence pensions budget of Rs 51,000 crore). Yet, it remains stuck in bureaucratic wrangling.

At the heart of the problem are bureaucratic disagreements over costs. The finance ministry told a parliamentary committee in 2011 that it would cost Rs 1,300 crore a year while defence ministry pegged annual cost estimates at Rs 3,000 crore. Yet, now that OROP has been approved, the Comptroller of Defence Accounts has reportedly put the bill as high as Rs 9,300 crore per annum (see charts).

Defence minister Manohar Parikkar has held stakeholder meetings to resolve the crisis, most recently on December 10, with no clear solution yet. Veterans' groups are perplexed at the changing goalposts, blaming the bureaucracy for being obscurantist. Says Lt Gen SK Bahri (retd), chairman, Alliance of Ex-Service men Organisations: "The bureaucracy is fighting a rear-guard action. It is not difficult to find funds but our problem is the lower bureaucracy which can stop anything in the ministry . We are fighting an internal enemy ."

Veteran groups, fighting the OROP battle for at least two decades, claim they don't have the ears of the leadership."Whatever the bureaucracy tells them, they believe," says Lt Col Inderjit Singh, chairman, All-India Ex-Services Welfare Organisation. Reassuring doubters, Parrikar was recently quoted as saying that "the government is seriously considering implementing the one-rank-one-pension policy" and the "announcement will be made in four to eight weeks".

His words may reassure veteran groups who have been organizing protest rallies. Their social media networks are full of invective and a growing sense of "betrayal" and "disillusionment", which is fast gaining a political edge. The fight for OROP, in this narrative, is turning into a new cipher for the ever-present military trope of overbearing bureaucrats being allowed to ride rough-shod over them in a defence ministry that is still not integrated with service headquarters, as in other liberal democracies.

The problem is that different departments used different formulas to calculate costs but as Major Navdeep Singh, advocate in Punjab and Haryana High Court points out, "the directive to break this logjam has to come from the top". "There seems to be an anti-services sentiment in the lower bureaucracy ," he adds, "but higher echelons must overrule such disputes."

Soldiers vs civilians

The case for OROP is predicated on military terms of service being much harsher than those for civil services. Most soldiers retire between 35-37 years of age, while officers below brigadier-or-equivalent do so at 54, with limited re-employment options. Civil servants, in contrast, retire at 60.

Moreover, the Sixth Pay Commission granted the facility of what bureaucrats call "non-functional upgrade" (NFU) to officers in all-India Group A services.This is a sort of `pay-promotion', allowing them, under certain conditions, to draw higher pay than their rank, without actually being promoted. Almost all civil servants benefit from this while defence services officers do not, even as their career pyramid is much steeper.Only 0.8% of defence officers make it to the rank of major general after 28 years of service, compared with a much higher rate of civil servants who are eligible to become joint secretaries at 19 years of service. As Major Navdeep Singh says, veterans see NFU as a sort of "OROP by backdoor for civil servants".

Many distinguished veterans argue that they are only asking for what was promised to them, pointing to the aphorism of Chankaya, the architect of the Mauryan empire, who is said to have advised his prodigy Chandragupta Maurya thus: "The day a soldier has to demand his dues will be a sad day for Magadha. From then on you have lost all moral sanctions to be King."

Source:http://timesofindia.indiatimes.com/home/stoi/deep-focus/Pension-promise-in-peril/articleshow/45509353.cms


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Indian Railways Identifies Eight Stations for Provison of ‘RO’ Drinking Water Units on Experimental Basis

It is Railways’ endeavour to provide drinking water at all stations on Indian Railways. Instructions exist for periodical check on quality of water and corrective action to be taken, if any deficiency is found. As Reverse Osmosis (RO) process involves substantial wastage of water depending upon its quality and will require uninterrupted power supply, eight stations viz. Bhopal, Dwarka, Gadag, Guwahati, Hazrat Nizamuddin, Madurai, Patna and Tirupati stations have been identified for provision of RO drinking water units on experimental basis.

As per guidelines, Maximum Retail Price per bottle of Packages Drinking water (BIS) other than Rail Neer of 1000ml is Rs. 15 only.

This information was given by the Minister of State for Railways Shri Manoj Sinha in written reply to a question in Lok Sabha today.

Source:http://www.pib.nic.in/newsite/erelease.aspx?relid=0
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Sunday, December 14, 2014

FORMATION OF BRANCHES OF ALL INDIA POSTAL AND RMS PENSIONERS ASSOCIATION (AIPRPA) IN ALL DIVISIONS/DISTRICTS AND CIRCLES

NATIONAL FEDERATION OF POSTAL EMPLOYEES
1st Floor, North Avenue PO Building, New Delhi - 110001


Ref: PF/MISC/2014                                                                                                 Dated – 12.12.2014

To

All Circle Secretaries of NFPE Unions
All Divisional Secretaries of NFPE Unions

IMPORTANT CIRCULAR

FORMATION OF BRANCHES OF ALL INDIA POSTAL AND RMS PENSIONERS ASSOCIATION (AIPRPA) IN ALL DIVISIONS/DISTRICTS AND CIRCLES

Dear Comrades,

As you are aware the All India Postal and RMS Pensioners Association (AIPRPA) formed at the All India level and its first All India Conference was held in Vellore (Tamilnadu). Com. D. K. Rahate, Ex-All India  President, NFPE and Com. K. Raghavendran, Ex-Secretary General, NFPE are elected as the President and General Secretary of the new organisation. Out of 22 Circles, circle bodies (state Committee) are already formed in 18 circles and the process of formation of Divisional/District committees is going in full swing.

AIPRPA is formed as per the decision of the NFPE Federal Council (highest policy decision making body of NFPE) held at Hyderabad in June 2013. It is the duty of all Circle/Divisional Unions to take initiative to form the Branches of AIPRPA at Circle/Divisional/District levels. (either Divisional level or District level committee may be formed as per the convenience. Postal and RMS pensioners residing in the Division/District may be enrolled as members of AIPRPA)

NFPE CHQ hereby instruct all Circle/Divisional Secretaries of NFPE (P-3, P4, R-3,R-4, Administrative, Postal Accounts, SBCO, Civil wing and GDS) to form Divisional/Circle level committees of AIPRPA in all Divisions/Districts/Circles before 31.03.2015. This decision of NFPE is applicable to all circles and divisions and there is no exemption to any circle or Division.

As a first step for formation of Divisional Units, a meeting of the Postal/RMS Pensioners may be convened by sending notice to the house address of all Postal & RMS Pensioners residing in the Division and in that meeting an adhoc committee with a President and Convenor may be elected. Notice for the first convention is to be issued by the Divisional Secretaries of NFPE unions jointly. Thereafter the adhoc committee shall issue notice for Divisional/District Conference later and elect a full fledged body.

Please treat it as most important and urgent. For Bye-law of the AIPRPA please contact Com. K. Raghavendran, General Secretary, AIPRPA




K. Raghavendran                                              R. N. Parashar
General Secretary                                 Secretary General
All India Postal & RMS Pensioners   National Federation of Postal
Association (AIPRPA)                        Employees
             Mob: 09444919295               Mob: 09868819295

Source:http://nfpe.blogspot.in/
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Friday, December 12, 2014

Consolidated instructions on suspension-DOPT

No.11012/17/2013-Estt (A).
Ministry of Personnel, Pensions & Public Grievances
Department of Personnel & Training

New Delhi, the 2nd January 2014
OFFICE MEMORANDUM

Sub: Consolidated instructions on suspension

At present instructions regarding suspension are spread over a number of Rules such as CCS (CCA) Rules 1965, Fundamental Rules etc. In addition, a number of orders covering different aspects of suspension have been issued from time to time. A need has been felt for bringing at one place all these orders.

2. The guidelines on suspension have been consolidated and are placed as appendix to this O.M. for facility of Ministries/ Departments.

sd/-
(J. A.Vaidyanathan)
Director (E)
Tel: 23093179

APPENDIX
SUSPENSION

Suspension, in the context of disciplinary proceedings, may be defined as temporary withdrawal of duties from a government servant, pending inquiry into his/ her conduct, with simultaneous reduction in pay and withdrawal of some rights/privileges.

2. The provisions relating to suspension are scattered across several rules. The main provisions are contained in Rule 10 of CCS (CCA) Rules, 1965 (or corresponding rules governing the Government servant concerned) and FR 53, 54 and 55.

3. Suspension, though not a penalty, is to be resorted to sparingly. Whenever a Govt. servant is placed under suspension not only does the Govt. lose his services but also pays him for doing no work. It also has a stigma attached to it. Therefore the decision to place a Govt. servant under suspension must be a carefully considered decision and each case would need to be considered on merits. A Govt. servant may be placed under suspension, in the following circumstances:

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

or

(b) where, in the opinion of the competent authority, he has engaged himself in activities prejudicial to the interest of the security of the State;

or

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

Rule 10(1) of CCS (CCA) Rules, 1965

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

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

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

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

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

NOTE:

(a) In the first three circumstances the disciplinary authority may exercise his discretion to place a Government servant under suspension even when the case is under investigation and before a prima facie case has been established.

(b) Suspension may be desirable in the circumstances indicated below:

(i) any offence or conduct involving moral turpitude;
(ii) corruption, embezzlement or misappropriation of Government Money, possession of disproportionate assets, misuse of official powers for personal gain;
(iii) serious negligence and dereliction of duty resulting in considerable loss to Government;
(iv) desertion of duty;
(v) refusal or deliberate failure to carry out written orders of superior officers In respect of the types of misdemeanor specified in sub clauses (iii) and (v) discretion has to be exercised with care.

5. Reasons for Suspension, if not indicated in the suspension order itself, should be communicated within three months.

6. Deemed Suspension

A Government servant shall be deemed to have been placed under suspension by an order of appointing authority -

(a) with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;

(b) with effect from the date of his conviction, if, in the event Of a conviction for an offence, he is sentenced to a term of Imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.

EXPLANATION - The period of forty-eight hours referred to in clause (b) shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.

c) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant under suspension is set aside in appeal or on review and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.

d) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant is set aside or declared or rendered void in consequence of or by a decision of a Court of Law and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Government servant shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders :

Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the Court has passed an order purely on technical grounds without going into the merits of the case.

Rule10 (2), (3) and (4) of CCS (CCA) Rules,1965

7. Authority competent to place a Govt. servant under suspension

The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the President, by general or special order, may place a Government servant under suspension

Provided that, except in case of an order of suspension made by the Comptroller and Auditor - General in regard to a member of the Indian Audit and Accounts Service and in regard to an Assistant Accountant General or equivalent (other than a regular member of the Indian Audit and Accounts Service), where the order of suspension is made by an authority lower than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the order was made

Rule 10(1) of CCS (CCA) Rules,1965

8. Review of Suspension

An order of suspension made or deemed to have been made may at any time be modified or revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.

Rule 10(5) (c) of CCS (CCA) Rules,1965

An order of suspension made or deemed to have been made shall be reviewed by the authority competent to modify or revoke the suspension, before expiry of ninety days from the effective date of suspension, on the recommendation of the Review Committee constituted for the purpose and pass orders either extending or revoking the suspension. Subsequent reviews shall be made before expiry of the extended period of suspension. Extension of suspension shall not be for a period exceeding one hundred and eighty days at a time.

An order of suspension made or deemed to have been made shall not be valid after a period of ninety days unless it is extended after review, for a further period before the expiry of ninety days.

Provided that no such review of suspension shall be necessary in the case of deemed suspension, if the Government servant continues to be under detention at the time of completion of ninety days of suspension and the ninety days period in such case will count from the date the Government servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later.

[Rule 10(6) & (7) of CCS (CCA) Rules, 1965]

9. Subsistence Allowance

A Govt. servant under suspension is not paid any pay but is allowed a Subsistence Allowance at an amount equivalent to the leave salary which the Government servant would have drawn if he had been on leave on half average pay or half pay and in addition dearness allowance, if admissible on the basis of such leave salary. FR 53 1(ii) (a)
Subsistence allowance to be reviewed after 3 months and may be increased by upto 50 % of the allowance during the first 3 months or reduced by upto 50% of the allowance during the first 3 months
FR 53 1(ii) (a) - (i) & (ii)

10. Headquarters during Suspension

An officer under suspension is regarded as subject to all other conditions of service applicable generally to Government servants and cannot leave the station without prior permission. As such, the headquarters of a Government servant should normally be assumed to be his last place of duty. The order placing an officer under suspension should clearly indicate what his headquarters would be.

However, where an individual under suspension requests for a change of headquarters, there is no objection to a competent authority changing the headquarters if it is satisfied that such a course will not put Government to any extra expenditure like grant of T.A. etc. or other complications.

11. Promotion during suspension

Officer under suspension shall be considered by the DPC along with others. However the recommendations in respect of those under suspension shall be placed in a sealed cover. The sealed cover shall be opened/ not acted upon depending on the outcome of the disciplinary proceedings.

If an officer is suspended subsequent to the meeting of the DPC but before he is actually promoted, then the recommendations would be deemed to have been placed in the sealed cover.

DoPT O.M.No.22034/4/2012-Estt (D) dated 02-11-2012

12. LTC

A Govt. servant under suspension cannot avail of LTC as he cannot get any leave including casual leave during the period of suspension. As he continues to be in service during the period of suspension, members of his family are entitled to LTC.

13. Leave

Leave may not be granted to a Government servant under suspension.
[FR55]

14 Recoveries from subsistence Allowance

A. Compulsory Deductions to be enforced

a)  Income Tax
b) House Rent (Licence Fee) and allied charges
c) Repayment of loans and advances taken from Government — rate of recovery to be determined by Head of Department
d) CGHS contribution
e)  CGEGIS subscription

B. Deductions at the option of the suspended officer

PLI premia
Amounts due to Co-op stores/ Societies
Refund of GPF advance

C. Deduction NOT to be made

GPF subscription
Amounts due to court attachments
Recovery of loss to Government

15. Forwarding of applications etc.

Application of a Government servant for appointment, whether by Direct Recruitment, transfer on deputation or transfer, to any other post should not be considered/ forwarded if he is under suspension.

DoPT OM No. AB14017/101/91-Estt. (RR) dated 14 th July, 1993

Vigilance clearance may not be granted to an officer under suspension for deputation, empanelment etc.

DoPT 0.M.No.11012/11/2007-Estt( A) dated 14-12-2007 & 21-06-2013

16. Voluntary Retirement / Resignation

(a) Notice of Voluntary Retirement Under FR 56 (k) or Rule 48 (1) of CCS (Pension) Rules, 1972
It shall be open to the Appropriate Authority to withhold permission to a Government Servant under suspension who seeks to retire under either of these rules.

Proviso (c) of FR 56 (k) (1) (c) and second proviso to Rule
48(1) of CCS (Pension) Rules, 1972

(b) Voluntary Retirement under rule 48-A of Pension Rules

A notice of voluntary retirement given after completion of twenty years' qualifying service will require acceptance by the appointing authority if the date of retirement on the expiry of the notice would be earlier than the date on which the Government servant concerned could have retired voluntarily under the existing rules applicable to him [e.g., FR 56 (k), Rule 48 of the CCS(Pension) Rules, 1972, Article 459 of CSRs or any other similar rule]. Such acceptance may be generally given in all cases except those (a) in which disciplinary proceedings are pending or contemplated against the Government servant concerned for the imposition of a major penalty and the disciplinary authority, having regard to the circumstances of the case, is of the view that the imposition of the penalty of removal or dismissal from service would be warranted in the
case, or (b) in which prosecution is contemplated or may have been launched in a Court of Law against the Government servant concerned. If it is proposed to accept the notice of voluntary retirement even in such cases, approval of the Minister-in-charge should be obtained in regard to Group 'A' and Group 'B' Government servants and that of the Head of the Department in the cases of Group 'C' and Group 'D' Government servants. Even where the notice of voluntary retirement given by a Government servant requires acceptance by the appointing authority, the Government servant giving notice may presume acceptance and the retirement shall be effective in terms of the notice unless, the competent authority issues an order to the contrary before the expiry of the period of notice.
GOI Decision below Rule 48-A of CCS (Pension) Rules, 1972

(c) Resignation
The competent authority should examine, with reference to the merit of the disciplinary case pending against the Government servant, whether it would be in the public interest to accept the resignation. Normally, as officers are placed under suspension only in cases of grave delinquency, it would not be correct to accept the resignation of an officer under suspension. Exceptions would be where the alleged offence does not involve moral turpitude or where the evidence against the officer is not strong enough to justify that departmental proceedings, if continued would result in removal from service/ dismissal or where departmental proceedings are likely to be so protracted that it would be cheaper for the exchequer to accept the resignation.

(d) Retirement
A Government servant who retires while under suspension is entitled to provisional pension equal to the maximum pension on the basis of qualifying service upto the date immediately preceding the date on which he was placed under suspension.
Gratuity will not be paid until the conclusion of disciplinary proceedingsexcept where the proceedings are under Rule 16 of CCS (CCA) Rules (for imposition of minor penalty) [Rule 69 of CCS(Pension) Rules, 1972]

17. Revocation of Suspension

An order of suspension made or deemed to have been made may be modified or revoked at any time by the authority who made it (or deemed to have made) or any authority to which such authority is subordinate.

Rule 10(5)(c) of CCS(CCA) Rules,1965

An order of suspension made or deemed to have been made shall not be valid after a period of ninety days unless it is extended after review, for a further period before the expiry of ninety days.

Provided that no such review of suspension shall be necessary in the case of deemed suspension, if the Government servant continues to be under detention at the time of completion of ninety days of suspension and the ninety days period in such case will count from the date the Government servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later.
Rule 10(7) of CCS (CCA) Rules, 1965

18 On Conclusion of Proceedings

A. If Exonerated

a) Where the Competent Authority is of the opinion that the suspension was wholly unjustified, the Government servant may be paid full pay and allowances.

b) Where the Competent Authority is of the opinion that the proceedings were delayed for reasons directly attributable to the Govt. servant, it may after notice to the Govt. servant and considering his representation-if
any, order a reduced amount to be paid.

c) The period of suspension will be treated as period spent on duty for all purposes.

[FR 54-B (3) & (4)]

B. Minor Penalty is imposed

Where the proceedings result only in minor penalty being imposed, then the suspension is treated as wholly unjustified.

DoPT O.M. No. 11012/15/85-Estt (Al dt, 3-12-1985

C. Other than exoneration/ minor penalty

(a) The competent authority shall determine the amount to be paid, after notice to Govt servant and considering his representation-if any.

[FR 54-B(5)]
(b) The period of suspension shall not be treated as duty unless the competent authority specifically directs that it shall be so treated for any specified purpose.

(c) If the Govt servant so desires, the period of suspension may be converted into leave of the kind due and admissible. (Note: Such leave can be in excess of 3 months in case of temporary Govt servants or 5 years in case of permanent Govt servants)

[FR 54-B(7)]

NOTE: As per FR 54-B(9) wherever the amount allowed is less than full pay and allowances it shall not be less than the Subsistence Allowance already paid.

D. Death while under suspension

Where a Govt. servant under suspension dies before the disciplinary proceedings or the court proceedings against him are concluded, the period between the date of suspension and the date of death shall be treated as duty for all purposes and his family shall be paid the full pay and allowances to which he would have been entitled had he not been suspended, for that period subject to adjustment of subsistence allowance already paid.
[FR 54-B(2)]

19. Serving of Charge Sheet etc.

a) Suspension order should normally indicate the grounds for suspension.

b) Where the suspension is on grounds of contemplated proceedings, charge sheet should be served upon the Govt servant within 3 months.

c) Where charge sheet is not served within 3 months, the reasons for suspension should be communicated to the Govt servant immediately on expiry of 3 months from the date of suspension.

DoPT O.M. No. 35014/1/81-Lsts.(A) dated the 9 th November, 1982

20. Appeal

Order of Suspension is appealable under Rule 23 (i) of GCS (CCA) Rules, 1965.
*********

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11012_17_2013-Estt.A-02012014-A.pdf
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Clarification regarding Modified Assured Career Progression Scheme(MACP) for the Central Government Employees

No.35034/3/2008-Estt(D) (Vol.II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
New Delhi 110001
Dated the 10th December, 2014

OFFICE MEMORANDUM


Subject:- Modified Assured Career Progression Scheme for the Central Government Employee-Clarification regarding.

The undersigned is directed to invite reference to the Para 5 of the Modified Assured Career Progression Scheme issued vide the Department of Personnel and Training Office Memorandum No. 35034/3/2008-Estt.(D) dated May 19, 2009 providing that the recommendations of the Screening Committee shall be placed before the Secretary in cases where the Committee is constituted in the Ministry/Department or before the Head of the organisation/competent authority in other cases for approval.

2. References have been received from various Ministries/Departments with regard to delegation of powers of Secretary to a Joint Secretary level officer as a large number of files on various matters are referred to the Secretary for approval and it is an administrative matter of routine nature which can be disposed of at the level of Joint Secretary.

3. The matter has been considered in this Department and it has been decided that the recommendations of the Screening Committee henceforth be placed before the Appointing Authority of the post in both cases where the Committee is constituted in the Ministry/Department or in other cases for approval with regard to grant of financial upgradation under MACP Scheme.

4. Ministries/Departments are requested to bring these instructions to the notice of all concerned including their attached and subordinate offices.

sd/-
(Mukta Goel)
Director(E-I)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/35034_3_2008-Estt.D_Vol.II-10122014.pdf
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Amendment to Rule 3 of Central Civil Services (Conduct) Rules, 1964 Need for code of Ethics and Values of Civil Services.

F. No. 11013/6/2014-Estt.A
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
Establishment Division
North Block, New Delhi - 110001
Dated December 10th, 2014
OFFICE MEMORANDUM

Subject: Amendment to Rule 3 of Central Civil Services (Conduct) Rules, 1964 Need for code of Ethics and Values of Civil Services.

This undersigned is directed to say that Rule 3 of Central Civil Services (Conduct) Rules, 1964 has been amended vide G.S.R. No 845(E) dated 27th November, 2014 to incorporate the expected standards of the civil services and provide for accountability of civil servants to ensure good governance and better delivery of services to citizen. The above said Notification is also available on the website of this Department at www.gersmin.gov.in/DOPT.asp

2. Consequent to the above amendment, the sub-rule (1) of Rule 3 of Central Civil Services (Conduct) Rules, 1964 now reads as follows:

Every Government servant shall at all times-

(i) maintain absolute integrity;
(ii) maintain devotion to duty;
(iii) do nothing which is unbecoming of a Government servant;
(iv) commit himself to and uphold the supremacy of the Constitution and democratic values;
(v) defend and uphold the sovereignty and integrity of India, the security of the State, public order, decency and morality;
(vi) maintain high ethical standards and honesty;
(vii) maintain political neutrality;
(viii) promote the principles of merit, fairness and impartiality in the discharge of duties;
(ix) maintain accountability and transparency;
(x) maintain responsiveness to the public, particularly to the weaker section;
(xi) maintain courtesy and good behaviour with the public;
(xii) take decisions solely in public interest and use or cause to use public resources efficiently. effectively and economically;
(xiii) declare any private interests relating to his public duties and take steps to resolve any conflicts in a way that protects the public interest;
(xiv) not place himself under any financial or other obligations to any individual or organisation which may influence him in the performance of his official duties;
(xv) not misuse his position as civil servant and not take decisions in order to derive financial or material benefits for himself, his family or his friends;
(xvi) make choices, take decisions and make recommendations on merit alone;
(xvii) act with fairness and impartiality and not discriminate against anyone particularly the poor and the under-privileged sections of society;
(xviii) refrain from doing anything which is or may be contrary to any law, rules, regulations and established practices;
(xix) maintain discipline in the discharge of his duties and be liable to implement the lawful orders duly communicated to him;
(xx) maintain confidentiality in the performance of his official duties as required
by any laws for the time being in force, particularly with regard to information, disclosure of which may prejudicially affect the sovereignty and integrity of India, the security of the State, strategic, scientific or economic interests of the State, friendly relation with foreign countries or lead to incitement of an offence or illegal or unlawful gain to any person;
(xxi) perform and discharge his duties with the highest degree of professionalism and dedication to the best of his abilities”.

3. All the Ministries/Departments are requested to bring the contents of this OM to the notice of all officers and staff working under them.

4. Hindi version will follow.

(J.A. Vaidyanathan)
Director (Establishment)

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11013_6_2014-Estt.A-10122014.pdf
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NATIONAL JOINT COUNCIL OF ACTION OF CENTRAL GOVERNMENT EMPLOYEES ORGANISATIONS PARTICIPATING IN JCM.

PRESS STATEMENT
4.State Entry Road,
New Delhi. 110 001.
Dated: 11th December, 2014.
CENTRAL GOVERNMENT EMPLOYEES 
INCLUDING RAILWAY AND DEFENCE WORKERS DECIDES
TO ORGANISE INDEFINITE STRIKE

A National Convention of Central Government Employees Organisations participating in the Joint Consultative Machinery was held at New Delhi today (11.12.2014) at MPCU Shah Auditorium, Civil Lines, New Delhi to deliberate upon the demands and problems of Central Government Employees remained unsettled for several years. The Joint Consultative Machinery conceived as a forum for negotiation of demands of Central Government Employees in the wake of the indefinite strike action of 1960s has almost become defunct as its National Council which was to meet thrice in a year has not met even once for the last four years.

The wage revision which was due in 2011 has not come about even though 7 CPC was set up a few months back. The demand for Interim Relief, merger of DA with Pay which normally accompanies the announcement of the pay commission were not granted by the government, the demand for inclusion of Gramin Dak Sevaks within the purview of 7th CPC was also rejected. Immediately on assumption of power, the new government has declared a total ban on recruitment, 100 % FDI in Railways and its privatisation, increasing FDI to 49% in Defence sector, closure of the Printing Presses, Publication, Stationery and forms offices and Medical Store Depots, corporatisation of Postal Services, amended the labour laws against the interest of workers and many other anti-worker policies. The Convention has adopted a declaration (copy enclosed) and decided upon various programmes of action culminating in indefinite strike if settlement is not brought about on the 10 point charter of demands adopted by the Convention.

More than 800 delegates representing the two Federations in Railways (AIRF and NFIR), two Federations in Defence (AIDEF and INDWF), two Federations in Postal Services (NFPE and FNPO), Confederation of Central Govt Employees & Workers and many other organisations participated in the Convention.

The indefinite strike decision and various other action programmes were approved by the Convention unanimously. The Convention set up a 14 member National Joint Council of Action with Shri M. Raghavaiah, General Secretary, National Federation of Indian Railwaymen as its Chairman and Shri. Shivgopal Mishra, General Secretary, All India Railwaymen Federation as Convener to spearhead the indefinite strike and other action programmes.

The convention was conducted by a Presidium consisting of S/s Rakhaldas Gupta (AIRF), Guman Singh (NFIR), SN Pathak (AIDEF), KKN Kutty (Confederation), Giriraj Singh (NFPE) and Ashok Singh (INDWF).

SHIVGOPAL MISHRA
CONVENOR

Source:https://drive.google.com/file/d/0B9SttqENSyIOdHk0UTRpUnVyNDA/view
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Thursday, December 11, 2014

Pre-retirement counselling workshop on 23rd December, 2014-Pensioners portal

RETIREMENT COUNSELLING WORKSHOP

Important message for employees retiring within the next three months

The Department of Pension and Pensioners Welfare is organizing a Pre-retirement counselling workshop on 23rd December, 2014 from 2.00 PM to 5.00 PM in the Conference Room of Department of Administrative Reforms, 5th Floor, Sardar Patel Bhawan, New Delhi. The employees of Government of India retiring in the next 3 months are hereby informed that they may attend the workshop.
Confirmation with Name, Ministry and Phone No. may be sent at the email address tripi[dot]ghosh[@]nic[dot]in

Director (PP)
Department of Pension & Pensioners’ Welfare
Phone No. 24624802

Source:http://www.pensionersportal.gov.in/sankalp/writereaddata/English/19PRC_231214.pdf
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Wednesday, December 10, 2014

UNITED MOVEMENT OF CENTRAL GOVERNMENT EMPLOYEES-NFPE

NATIONAL CONVENTION OF JCM
NATIONAL COUNCIL STAFF SIDE ORGANISATINS
ON 11TH DECEMBER 2014 AT NEW DELHI

Venue:    MPCU Shah Auditorium, Sree Gujarati Samaj, Raj Niwas Road, Civil Lines (Opposite Civil Lines Metro Stations) Delhi.

Time:       12:00 noon to 16:00 Hrs (12 AM to 4 PM)

JCM National Council Staff side organisations will be organizing a National Convention of all Central Government Employees at New Delhi on 11.12.2014. Railway. Defence and Confederation will participate in the convention. Convention will adopt a joint declaration on future course of agitational programmes on the following demands of the Central Government Employees.

1.      Effect of wage revision of Central Government Employees from 01.01.2014 accepting memorandum of staff side JCM, Grant interim relief and merger of 100% DA, Ensure submission of the 7th CPC report within the time frame of 18 months.
2.      Include the Gramin Dak Sewaks within the ambit of the 7th CPC.
3.      No privatization or FDI in Railways and Defence establishments.
4.      No ban on recruitment/creation of Posts.
5.      No outsourcing, contractorisation and privatization of government functions. Withdraw the proposed move to close down the printing presses, stationery offices and Medical Stores Depots. Regularise the existing daily rated/casual and contract workers.
6.      Scrap PFRDA and restore the defined benefit statutory pension scheme.
7.      No Labour reforms which are inimical to the interest of workers.
8.      Lift the arbitrary ceiling on compassionate appointments.
9.      Revise the JCM functioning at all levels as an effective negotiating forum for settlement of the demands of the CGEs.
10.  Remove the bonus ceiling.
11.  Ensure five promotions in service career.

ALL AFFILIATED ORGANIZATIONS OF CONFEDERATION ARE REQUESTED TO PARTICIPATE IN THE NATIONAL CONVENTION WITHOUT FAIL


M. Krishnan
Secretary General
Confederation
Source:http://nfpe.blogspot.in/
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