Thursday, February 20, 2020

Relaxation of purchase of air tickets from authorized Travel Agents for the purpose of LTC

Clarification regarding relaxation of purchase of air tickets from authorized Travel Agents for the purpose of LTC.
 

Latest DoPT Orders 2020



No. 43020/21 2016-Estt (A.IV)
Government of India
Ministry of Personnel, Public Grievances and pensions
Department of Personnel and Training
Establishment A-IV Desk

North Block, New Delhi-110001
Dated: February 19, 2020

OFFICE MEMORANDUM

Subject:- Clarification regarding relaxation of purchase of air tickets from authorized Travel Agents for the purpose of LTC.

The undersigned is directed to refer to this Department’s o.M. No. 31011/412014- Estt.A-IV dated 19.06.2014 and subsequent o.M. regarding the procedure for booking of air-tickets on LTC and to say that as per the extant instructions, whenever a Government servant claims LTC by air, he/she is required to book the air tickets directly from the airlines (Booking counters, website of airlines) or by utilizing the services of the authorized travel agents viz. M/s Balmer Lawrie & company, M/s Ashok Travels & Tours and IRCTC, (to the extent IRCTC is authorized as per DoPT O.M. No. 31011/6/2002-Est(A) dated 02.12.2009) while undertaking LTC journey(s).

Also check: LTC for New Joining Central Government Employees - FAQ

2. In this regard, many cases pertaining to the period of 2010-13 have been reported in this Department where Government employees had traveled on LTC by air to visit Jammu & Kashmir (J&K) and North-East Region (NER) under the special dispensation scheme after booking the tickets through private travel agents due to lack of awareness of rules at that time. It has been observed that claims of these Government servants were initially settled by the administrative authorities. However, after few years when the audit authorities noticed the lapses, objections were raised on these claims and recoveries were ordered in such cases along with charging of penal interest. In view of the financial hardships caused to these individuals, huge demands are being received from Ministries/ Departments and JCM for grant of one time relaxation in these cases.

The matter has been considered in this Department in consultation with Joint consultative Machinery - staff side and Department of Expenditure. It has been decided to grant one time relaxation to such Government employees who had availed LTC by air to visit J&K and NER during the period of January. 2010 - June. 2014 and booked the tickets through travel agents other than ‘M/s Balmer Lawrie & company’, ‘M/s Ashok travels & Tours’ and 'IRCTC' due to lack of awareness of rules. such relaxation shall be granted with the concurrence of Financial Advisor of the concerned Ministry/ Department. Fulfillment of fare limit of LTC-80 and other LTC conditions prevalent at the time of performance of journey by the Government servants may be ascertained before granting such relaxations. The Administrative Ministries/ Departments shall also ensure that only those cases are considered for relaxation where it is established that bonafide mistake has occured and no undue benefit has accrued to/obtained by the Government servant.

Further, in this regard, it is reiterated that the extant instructions regarding booking of air tickets on LTC journey through authorized modes should be strictly complied with. It is seen that despite reiterating the above provisions from time to time, this Department is still in receipt of cases seeking relaxation for booking of tickets from private travel agents on the grounds of lack of awareness of rules and work-exigencies. Therefore, Ministries/ Departments are again advised to ensure wide circulation of this Department’s instructions issued vide O.M. No. 310111212018-Estt.A-IV dated 10.12.2018, among their employees. Henceforth, the cases seeking relaxation on the plea of lack of awareness of rules and on grounds of exigencies of work shall not be considered by this Department. Only those cases, where the Administrative Ministry/ Department will certify the fact that bonafide mistake has occured and undue hardship is being caused to the Government servant, shall be considered by this Department.

(Surya Narayan Jha)
Under Secretary to the Government of India

To
The Secretaries
All Ministries/ Departments of Government of India
(As per the standard list)

Latest DoPT Orders 2020 - Grant of vigilance clearance for obtaining passport

Latest DoPT Orders 2020

Grant of vigilance clearance for obtaining passport

F.No.11012/7/2017-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
Establishment A-Ill Desk

North Block, New Delhi - 110001
Dated 18th February, 2020

OFFICE MEMORANDUM

Subject: Grant of vigilance clearance for obtaining passport.

The undersigned is directed to refer to this Department’s O.M. of even no. dated 28.03.2018 prescribing the guidelines for grant of vigilance clearance for obtaining passport. The guidelines have been reviewed by this Department in consultation with Central Vigilance Commission and Ministry of External Affairs (MEA).

Also check: Dopt Orders on vigilance clearance for promotion

2. MEA has also issued the guidelines for issuance of ordinary Passport to the Government servants vide O.M. No. VI/401/01/05/2014 dated 26.05.2015, wherein procedures to be followed in this regard have been prescribed.

3. In view of the above, it is mandatory for the administrative Department /Controlling Authority to check as to whether any provision of the Section 6(2) of the Passport Act, 1967 is attracted in case of employees, who are working under them, while obtaining Indian Passport. As such, it is required to check the vigilance clearance of such Government servants.

4. Accordingly, it has been decided that vigilance clearance can be withheld only under the following circumstances:
  • The officer is under suspension;
  • Charge sheet has been filed in a Court by the Investigating Agency in a criminal case or after grant of sanction by the Competent Authority under PC Act or any other criminal matter and taken cognizance of by the Court of Law.
5. All Ministries / Departments / Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control.

Also check: Revised Rotational Transfer Policy applicable to CSS officers - Latest DoPT Orders 2020 January 27, 2020

6. This OM is issued in supersession of this Department’s earlier OM. No. 11012/7/2017-Estt.A-III dated 28th March, 2018.

7. Hindi version will follow.

sd/-
(Umesh Kumar Bhatia)
Deputy Secretary to the Government of India

Click to view the Dopt Order

MoD - Engagement of Consultant at the level of Section officer and Private Secretary in Ministry of Defence

MoD: Engagement of Consultant at the level of Section officer and Private Secretary in Ministry of Defence
Personnel engaged as Consultant will be paid a monthly remuneration of Rs.28,000/- in case of officers retired in the Grade Pay of Rs. 4,800 (pre-revised) / Level 8 and Rs. 31,500/- in the case of officers retired in the Grade Pay of Rs. 5,400 (pre-revised)/ Level-10.
No. A-19020/01/2020-D(Estt.I/Gp.I)
Government of India
Ministry of Defence
D(Est.I/Gp.I)

Room No. 315, 'B'Wing, Sena Bhawan
New Delhi, dated 17th February, 2020

CIRCULAR

It is proposed to engage retired personnel at the level of Section Officer and Private Secretary as Consultant in the Ministry of Defence (Sectt.) purely on temporary basis, as per Ministry's guidelines dated 12.09.2012 and as amended from time to time. Officers retired from Ministry of Defence will be given preference.

Personnel engaged as Consultant will be paid a monthly remuneration of Rs.28,000/- in case of officers retired in the Grade Pay of Rs. 4,800 (pre-revised) / Level 8 and Rs. 31,500/- in the case of officers retired in the Grade Pay of Rs. 5,400 (pre-revised)/ Level-10.

Officers who have retired at the level of Section Officer and Private Secretary and who are less than the age of 64 years as on 31.03.2020 may furnish their application to D(Est.I/Gp.I) Section, Room No.315,'B' Wing, Sena Bhawan, New Delhi on or before 09.03.2020. Application received after due date not be entertained.

(Ajay Kumar Gaur)
Deputy Secretary to the Govt of India

Encl:
i. Application Form
ii. Guidelines dated 12.09.2012
iii. Amendment to Guidelines dated 31.03.2014; 06.07.2015 and 27.08.2019

Download Order: MoD

Wednesday, February 19, 2020

NPS to OPS Latest News - Amendment in CCS (Pension) Rules 1972 - DoPPW Order Dated 17 February 2020

Latest News on NPS: Old Pension Scheme for 2004 CG Employees

Latest News on NPS: Old Pension Scheme for 2004 CG Employees

The Department of Pension and Pensioners ' Welfare released a significant order on 17 February 2020 on extending the benefit to Central government employees whose appointment has been postponed after 31 December 2003.

Under this Order, a single right to be protected under CCS (Pension) Rules (1972) may be given to government officers who have been deemed effective to obtain the results declared before or on 31.12.2003 against vacancies that take place before 01.01.2004 for joints on or after 01.01.2004. The Central government employees in question can exercise this option by 31.05.2020 at the earliest.

Latest news on NPS to OPS

Amendment in CCS (Pension) Rules 1972 - Central Government Employees

No. 57/04/2019-P&PVW/(B)
Government of India
Department of Pension and PW

Lok Nayak Bhawan, Khan Market,
New Delhi, the 17 February, 2020

OFFICE MEMORANDUM

Subject: Coverage under Central Civil Services (Pension) Rules, 1972, in place of National Pension System, of those Central Government employees whose selection for appointment was finalized before 01.01.2004 but who joined Government service on or after 01.01.2004.

The undersigned is directed to say that consequent on introduction of National Pension System (NPS) vide Ministry of Finance (Department of Economic Affairs) Notification No. 5/7/2003-ECB & PR dated 22.12.2003, all Government servants appointed on or after 01.01.2004 to the posts in the Central Government service (except armed forces) are mandatorily covered under the said scheme. The Central Civil Services (Pension) Rules, 1972 and other connected rules were also amended vide Notification dated 30.12.2003 and, after the said amendment, those rules are not applicable to the Government servants appointed to Government service after 31.12.2003.

2. Representations have been received in this Department from the Government servants appointed on or after 1.1.2004 requesting for the benefit of the pension scheme under Central Civil Services (Pension) Rules, 1972 on the ground that their appointment was delayed on account of administrative reasons or lapses. Similar references have been received from Ministries/Departments seeking advice of this Department on the question whether the Government servants who were appointed on or after 1.1.2004 could also be extended the benefit of pension scheme under CCS (Pension) Rules, if their appointment was delayed beyond 31.12.2003 on account of administrative reasons and the delay in appointment was beyond the control of the said Government servants.

Also check: Benefit of gratuity in respect of Central Government Employees counting of service on joining new service covered under National Pension System (NPS)

3. From the representations of the Central Government employees and the references received from Ministries /Departments, it has been observed that in many of the cases referred to this Department, selection process (including written examination, interview and declaration of result) for recruitment had been completed before 01.01.2004 but the employee joined the Government service on or after 01.01.2004. A few illustrations where the selection was finalized before 01.01.2004 but actual joining took place on or after 01.01.2004 are as under:
(i) The result for recruitment was declared before 01.01.2004 but the offer of appointment and actual joining of the Government servant was delayed on account of police verification, medical examination etc.;
(ii) Some of the candidates selected through a common selection process were issued offers of appointments and were also appointed before 01.01.2004 whereas the offers of appointment to other selected candidates were issued on or after 1.1.2004 due to administrative reasons/constraints including pending Court/ CAT cases.
(iii) Candidates selected before 01.01.2004 through a common competitive examination were allocated to different Departments/ organization. While recruitment process was completed by some Department(s) / organizations on or before 31.12.2003 in respect of one or more candidates, the offers of appointment to the candidates allocated to the other Departments / organization were issued on or after 01.01.2004.
(iv) Offers of appointment to selected candidates were made before 01.01.2004 with a direction to join on or after 01.01.2004.
(v) Offers of appointment were issued to selected candidates before 01.01.2004, and many/ most candidates joined service before 01.01.2004. However, some candidate(s) were allowed extension of joining time and they joined service on or after 01.01.2004. However, their seniority was either unaffected or was depressed in the same batch or to a subsequent batch, the result for which subsequent batch was declared before 01.01.2004.
(vi) The result for recruitment was declared before 01.01.2004 but one or more candidates were declared disqualified on the grounds of medical fitness or verification of character and antecedents, caste or income certificates. Subsequently, on review, they were found fit for appointment and were issued offers of appointment on or after 01.01.2004.
In all the above illustrative cases, since the result for recruitment was declared before 01.01.2004, denial of the benefit of pension under CCS (Pension) Rules, 1972 to the affected Government servants is not considered justified.

4. The matter has been examined in consultation with the Department of Personnel & Training, Department of Expenditure and Department of Legal Affairs in the light of the various representations/references and decisions of the Courts in this regard. It has been decided that in all cases where the results for recruitment were declared before 01.01.2004 against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment shall be eligible for coverage under the CCS (Pension) Rules, 1972. Accordingly, such Government servants who were declared successful for recruitment in the results declared on or before 31.12.2003 against vacancies occurring before 01.01.2004 and are covered under the National Pension System on joining service on or after 01.01.2004, may be given a one-time option to be covered under the CCS(Pension) Rules, 1972. This option may be exercised by the concerned Government servants latest by 31.05.2020.

5. Those Government servants who are eligible to exercise option in accordance with para-4 above, but who do not exercise this option by the stipulated date, shall continue to be covered by the National Pension system (NPS).

6. The option once exercised shall be final.

7. It is clarified, that the above option would be available to only those Government servants who were declared successful for recruitment before 01.01.2004, against vacancies pertaining to the period prior to that date. This option shall, however, not be available to the Government servants appointed on or after 01.01.2004 if they fall in any of the following categories:
(i) Government servants whose names were included in a panel of selected candidates before 01.01.2004 for recruitment against vacancies occurring on or after 01.01.2004 and were, accordingly, recruited on or after 01.01.2004.
(ii) A Government servant whose name was included in a panel of selected candidates prepared before 01.01.2004 for vacancies arising before and after 01.01.2004 but was actually appointed after 31.12.2003 against a vacancy arising on or after 01.01.2004.
(iii) Government servants who were selected against vacancies pertaining to the period prior to 01.01.2004 on the basis of an advertisement / notification issued before 01.01.2004 or a written examination / interview held before 01.01.2004 but results for recruitment were declared on or after 01.01.2004.
(iv) Government servants who joined on or after 01.01.2004 after they were granted extension of joining time on their own request and, in accordance with the instructions issued by the Department of Personnel & Training, their seniority was depressed on account of such extension of joining time to a batch for which the result for recruitment was declared on or after 01.01.2004.
8. The matter regarding coverage under the CCS (Pension) Rules, 1972 based on the option exercised by the Government servant shall be placed before the appointing authority for consideration in accordance with these instructions. In case the Government servant fulfils the conditions for coverage under the CCS (Pension) Rules, 1972, in accordance with these instructions, necessary order in this regard shall be issued latest by 30 September, 2020. The NPS account of such Government servants shall, consequently, be closed w.e.f. 01st November, 2020.

9. The Government servants who exercise option to switch over to the pension scheme under CCS (Pension) Rules, 1972, shall be required to subscribe to the General Provident Fund (GPF). Regarding accountal of the corpus in the NPS account of the Government servant, Controller General of Accounts (CGA) has furnished the following clarification vide letter No. 1(7)(2)/2010/cla./TA III/390 dated 14.11.2019:
i. Adjustment of Employees’ contribution in Accounts: Amount may be credited to individual’s GPF account and the account may be recasted permitting up-to-date interest (Authority-FR-16 &Rule 11 of GPF Rules).
ii. Adjustment of Government contribution under NPS in Accounts: To be accounted for as (-) Dr. to object head 70 – Deduct Recoveries under Major Head 2071 - Pension and other Retirement benefit – Minor Head 911- Deduct Recoveries of overpayment (GAR 35 and para 3.10 of List of Major and Minor Heads of Accounts).
iii. Adjustment of increased value of subscription on account of appreciation of investments - May be accounted for by crediting the amount to Govt. account under M.H. 0071- Contribution towards Pension and Other Retirements Benefits 800- Other Receipts ( Note under the above Head in LMMHA).
10. All Ministries / Departments are requested to give wide publicity to these orders. The cases of those Government servants who fulfil the conditions mentioned in this O.M. and who exercise option to switch over to the pension scheme under CCS (Pension) Rules may be settled by the administrative Ministries / Departments in accordance with these orders.

11. These orders issue with the concurrence of Ministry of Finance, Department of Expenditure, vide their I.D. Note No. 1(7) EV/2019 dated 08.01.2020.

12. In their application to the employees of Indian Audit and Accounts Department, these orders are issued after consultation with Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution.

13. Hindi version will follow.

(Ruchir Mittal)
Deputy Secretary to the Government of India

CGDA - Completion of APARs in SPARROW

Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt - 110010

Important Circular

No. AN-1/1058/ SPARROW/Vol. II

Date: 13/02/2020

To
All PAR Managers/ Custodians (SPARROW- IDAS)
All IDAS officers
(Through CGDA’s website)

Subject : Completion of APARs in “SPARROW”

In the recent times, it is observed that the APARs are not completed by the officers as per the laid down DoPT timelines. APARs in respect of few IDAS officers for the FY 2018-19 have been closed by the system – “Pending with Officer Reported upon for self appraisal” stage. This has been viewed seriously by the competent authority.

2. In this regard it is stated that the PAR managers are responsible to send alert message to the officer reported upon (preferably a week before the prescribed timeline for submitting self appraisal). On failure of an officer to submit self-appraisal as per DoPT timelines to the Reporting Officer, the PAR Manager shall “Force Forward” the same to the Reporting Officer without self appraisal.

3. The Reporting officers should also keep a watch on the movement of APARs of officers working under them and ensure that the APARs are written timely. In case, the self appraisal is not submitted timely, then the force forwarded APAR without self appraisal shall be written by the Reporting officer.

4. The Reporting/ Reviewing/ Accepting officers are also requested to complete the APARs as per DoPT timelines in future. The online recording of APARs on SPARROW system close on 31st December after which it will not be possible to take any action on the APARs.

5. APARs of officers posted on deputation to various Ministries /Departments (other than those posted in Ministry of Defence , UPSC and OFB) are generated centrally in this HQrs office. These officers are request ed to provide the details as mentioned in the table below latest by first week of the next financial year so that the APARs could be initiated timely. Officers posted in Ministry of Defence, UPSC and OFB may forward the details to concerned PAR Managers of MoD, UPSC and PCA (Fys) Kolkata respectively.
CGDA-Completion-of-APARs-SPARROW


6. Officers posted on deputation/ IPA/ Ordinance factories setup, where officers of other services/ Ministers/ Executive authorities are involved are requested to track the movement of their APARs using the tracking activity on SPARROW and if necessary request their Reporting/ Reviewing/ Accepting officers for timely completion of their APARs.

(Praveen Kumar)
Sr. Jt. CGDA (Admin)

Source: Latest CGDA Orders 2020

Sunday, February 16, 2020

Official Gazette Notification 2020 - Ex-servicemen Amendment Rules 2020

Official Gazette Notification - Ex-servicemen Amendment Rules 2020
Official Gazette Notification 2020 - Ex-servicemen Amendment Rules 2020

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 13th February, 2020

G.S.R. 116(E).- In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979, namely:-

1. Short title and commencement : -

(1) These rules may be called the Ex-servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 2020.

(2) They shall come into force on the date of its publication in the Official Gazette.

Also check: Defence Ex-Servicemen Welfare of Retired Personnel

2. In the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979, in rule 2, in clause (c) in sub-clause (ii), the following proviso shall be inserted, namely:-
“Provided that Short Service Commissioned Officers released from service after completing initial terms of engagement otherwise than by way of dismissal or discharge on account of misconduct or inefficiency and have been given gratuity shall be eligible to the status of Ex-servicemen;”
F. No. 36034/1/2019-Estt.(Res)]
SUJATACHATURVEDI, Addl. Secy.

Note: The Principal rules were published in the Gazette of India, Part II, Section 3, Sub-section (ii), vide G.S.R.1530, dated the 15th December, 1979 and subsequently amended as follows:-

1.G.S.R. 973, dated 27th October, 1986;
2.G.S.R. 333(E), dated 27th March, 1987; and
3.G.S.R. 757(E), dated 4th October, 2012

GDS Latest News 2020 - Payment of TRCA on Sundays/Holidays to the GDS working against Leave vacancies/Vacant posts in Postman/Mail Guard/MTS Cadre

GDS Latest News 2020 - Payment of TRCA on Sundays/Holidays to the GDS working against Leave vacancies/Vacant posts in Postman/Mail Guard/MTS Cadre

GDS Latest News 2020

File No.23-01/2019-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)

Dak Bhawan, Sansad Marg
New Delhi - 110001
Dated: 12/02/2020

OFFICE MEMORANDUM

Sub:- Payment of TRCA on Sundays /Holidays to the GDS working against Leave vacancies/Vacant posts in Postman/ Mail Guard /MTS Cadre.

In the present set up, Gramin Dak Sevaks are working against the leave vacancy /vacant posts of Postman /Mail Guard /MTS Cadre in departmental Post Offices. As per Directorate order no. 47-19/90-SPB-II dated 23.04.1992 regarding grant of paid National Holidays to GDS employees when appointed against the Postman/ Mail Guard/MTS Cadre against leave vacancy/vacant posts, these GDS are getting salary for Sunday if they continuously works for 6 days. Similarly, GDS are also getting 3 National Holidays if it falls on working day, provided he/she works on both the preceding/succeeding working days to the National Holidays. However, no extra payment on account of National Holidays will be made to persons working substitutes of GDS in view of fact that payment of remuneration to GDS is made on monthly basis.

2. Similarly, GDS substituting in leave vacancy/Vacant posts of Postman / Mail Guard / MTS Cadre are deprived of Productivity Linked Bonus for the period of officiating as Postman/ MTS is on the pretext that they are on Leave Without Allowance.

GDS: Maximum 5 Days Emergency Leave for Gramin Dak Sevaks

3. For substitutes, as per As per Directorate orders vide no.17-07/2019-GDS dated 09.10.2019, substitutes of GDS who have worked in leave vacancies/ Vacant Post in Postman/ Mail Guard /MTS Cadre are also paid on the basis of minimum of revised TRCA level of that post of GDS.
4. In view of above, in supersession of this office memo of even no. dated 23.10.2019, following orders are issued with the approval of the Competent Authority:-

  • Gramin Dak Sevaks when appointed against the leave vacancy/vacant post of regular Postman/MTS, these GDS will get salary for all the Postal Holidays if the Postal Holidays falls on working day, provided he/she works on both the preceding/succeeding working days to the Postal Holidays. However, no extra payment on account of Postal Holidays will be made to persons working substitutes of GDS in view of fact that payment of remuneration to GDS is made on monthly basis.
  • GDS are when appointed against the leave vacancy / vacant post of regular Postman/ MTS, have to apply for leave without allowance as GDS. There is a difference in Leave Without Allowance for personal reasons and Leave Without Allowance for officiating as Postman/MTS. In this case, the GDS is on official duty and is contributing to the productivity. Hence GDS while on LWA for official duty, there is no question of deducting this period for PLB.
sd/-
(S.B. Vyavahare)
Assistant Director General (GDS/PCC)

dopt circulars casual labour - Consolidated instruction on Casual Labour

DoPT circulars casual labour - Consolidated instruction on Casual Labour

No.49014/5/2019-Estt.(C)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training

North Block. New Delhi
Dated: 13th February,2020


OFFICE MEMORANDUM

Subject: Consolidated instruction on Casual Labour- reg.

The undersigned is directed to refer to the subject mentioned above and to say that various instructions have been issued by the Government from time to time regarding casual labourers. All such instructions issued till date and still in vogue have been consolidated under easily comprehensible headings for the facility of reference and placed at Annexure to this O.M. All Ministries/ Departments are requested to bring the above guidelines to the notice of all concerned.

(Umesh Kumar Bhatia)
Deputy Secretary to the Government of India

ANNEXURE

A. CASUAL LABOURER

1. Appointment:

1.1. Persons on daily wages (casual workers) should not be recruited for work of regular nature.
Also check: Minimum pay for Calculation of pay of casual labourers (without temporary status)

1.2. Recruitment of daily wagers may be made only for work which is casual or seasonal or intermittent nature or for work which is not of full time nature, for which regular posts cannot be created.

1.3. The work presently being done by regular staff should be reassessed by the administrative Departments concerned for output and productivity so that the work being done by the casual workers could be entrusted to the regu.lar employees. The Departments may also review the norms of staff for regular work and take steps to get them revised.

[O.M. No.49014/2/86-Estt(c) dated 07.06.1988]
[O.M. No.49014/1/2017-Estt(C) dated 04.09.19]

1.4 It has been observed that in spite of strict guidelines on engagement of Casual Labourer vide the above referred O.M, various Ministries/ Departments continue to engage casual workers for attending work of regular nature against the Government's policies. It is, therefore, reiterated that all Ministries/ Departments may ensure strict compliance of the guidelines on engagement of Casual Labourers. Negligence in the matter of implementing these guidelines should be viewed seriously and brought to the notice of the appropriate authorities for taking prompt and suitable action against the defaulters.

[O.M. No.49019/1/95-Estt(C) dated 14.06.2016]

2. Pay/wages:

2.1 Where the nature of work entrusted to the casual workers and regular employees is the same, the casual workers may be paid at the rate of 1/30th of the pay at the minimum of the relevant pay scale plus dearness allowance for work of 8 hours a day.

Also read: Latest Central Government Employees News

2.2. In cases where the work done by a casual worker is different from the work done by a regular employee, the casual worker may be paid only the minimum wages notified by the Ministry of Labour and Employment or the State Government/ Union Territory Administration, whichever is higher, as per the Minimum Wages Act, 1948. However, if a Department is already paying daily wages at a higher rate, the practice could be continued with the approval of its Financial Adviser.

[O.M. No.49014/2/86-Estt(C) dated 07.06.1988] and [O.M. No.4901/1/2017- Estt(C) dated 04.09.19]

3. Leave:

3.1. The casual workers may be given one paid weekly off after six days of continuous work.

3.2. The payment to the casual workers may be restricted only to the days on which they actually perform duty under the Movement with a paid weekly off as mentioned above. In addition, they will also be paid for a National Holiday, if it falls on a working day for the casual workers.

[O.M. No.49014/2/86-Estt(C) dated 07.06.1988]

3.3. It has further been decided that casual workers working in offices having a five day week may be allowed one day paid weekly off provided they have worked for a minimum of 40 hours during the said week.

[O.M.No.49019/1/95-Estt(C) dated 14.06.2016]

B. SCHEME OF 1993 (Grant of Temporary Status and Regularisation of Casual Labourer)

1. Eligibility:

1.1. This scheme was applicable to casual labourers in employment of the Ministries/Departments of Government of India and their attached and subordinate offices, on the date of issue of these orders. But it shall not be applicable to casual workers in Railways, Department of Telecommunication and Department of Posts who are already governed by their own separate schemes.

1.2. Temporary status was to be conferred on all casual labourers who are in employment on the date of issue of this OM and who have rendered a continuous service of at least one year, which means that they must have been engaged for a period of atleast 240 days (206 days in the case of offices observing 5 days week).

1.3. Such conferment of temporary status was to be without reference to the creation / availability of regular (erstwhile) Group 'D' posts.

1.4. Conferment of temporary status on a casual labourer did not involve any change in his duties and responsibilities. The engagement was on daily rates of pay on need basis. He might be deployed anywhere within the recruitment unit/territorial circle on the basis of availability of work.

1.5. Such casual labourers who acquire temporary status will, however, not be brought on to the permanent establishment unless they are selected through regular selection process for (erstwhile) Group 'D' posts.

[O.M. No.51016/2/90-Estt(C) dated 10.09.1993]

2. Benefits:

2.1. Wages at daily rates with reference to the minimum of the pay scale for a corresponding regular (erstwhile) Group 'D' official including DA and HRA.

2.2. Benefits of increments at the same rate as applicable to a (erstwhile) Group 'D' employee would be taken into account for calculating Pro-rata wages for every one year of service subject to performance of duty for at least 240 days (206 days in administrative offices observing 5 days week)
in the year from the date of conferment of temporary status.

2.3. Leave entitlement would be on a pro-rata basis at the rate of one day for every 10 days of work. Casual or any other kind of leave, except maternity leave, will not be admissible. They will also be allowed to carry forward the leave at their credit on their regularisation. They will not be entitled to the benefits of encashment of leave on termination of service for any reason or on their quitting service.

2.4. Maternity leave to lady casual labourers as admissible to regular Group 'D' (erstwhile) employees was to be allowed.

2.5. 50% of the service rendered under temporary status would be counted for the purpose of retirement benefits after their regularisation.

2.6. After rendering three years' continuous service after conferment of temporary status, the casual labourers would be treated on par with temporary (erstwhile) Group 'D' employees for the purpose of contribution to the General Provident Fund, and would also further be eligible for the grant of Festival Advance / Flood Advance on the same conditions as are applicable to temporary erstwhile Group 'D' employees, provided they furnish two sureties from permanent Government servants of their Department.

2.7. Until they are regularized, they would be entitled to Productivity Linked Bonus/ Adhoc bonus only at the rates as applicable to casual labourers.

2.8. No benefits other than those specified above was to be admissible to casual labourers with temporary status.

[O.M. No.51016/2/90-Estt(C) dated 10.09.1993]

3. Conditions for regularisation:

3.1 Two out of every three vacancies in Group-'D' (erstwhile) (and now Group 'C') cadres in respective offices where the casual labourers have been working was to be filled up as per extant recruitment rules and in accordance with the instructions issued by Department of Personnel and Training from amongst casual workers with temporary status. However, regular Group 'D'(erstwhile) staff rendered surplus for any reason will have prior claim for absorption against existing/future vacancies. They would be allowed age relaxation equivalent to the period for which they have worked continuously as casual labourer.

[O.M. No.51016/2/90-Estt(C) dated 10.09.1993]

3.2 Following the acceptance of the recommendation of the 6th CPC, all Group D posts had been upgraded to Group C posts. Recruitment to erstwhile Group 'D' posts placed in Group 'C', PB-I, Grade Pay' 1800/- (non technical as MT Staff) is now made only through Staff Selection Commission and minimum educational qualification for appointment is Matriculation or ITI pass. Regularisation of CL-TS therefore, could not be done by the Ministries/ Departments on their own and requires relaxation of para 8 of the Appendix to the O.M. dated 10.09.1993 by D/o Personnel & Training with the concurrence of Department of Expenditure.

[O.M.No.49014/3/2014-Esttc dated 16.10.2014]

4. Clarifications regarding the Scheme of 1993:

4.1.


Sl.No.Points raisedClarifications
1Whether the casual employees who where not initially engaged through employment exchange are entitled to the benefit of temporary status.Since it is mandatory to engage casual employees through employment exchange, the appointment of casual employees without employment exchange is irregular. Hence such casual employees cannot be bestowed with temporary status.
2Whether temporary status could be granted to the part-time casual employeesNo
3Will the casual labourers initially engaged after crossing the upper age limit prescribed for recruitment to Group 'D' posts be eligible for grant of temporary status?No age limit has been prescribed for grant of temporary status. However, for the purpose of subsequent regularisation, the conditions regarding age and educational qualifications prescribed in the relevant recruitment rules will apply
4Will the wages of casual employees be debited to the salaries sub-head of the establishment or to the contingent sub-head?Since the casual employees on grant of temporary status would be entitled for wages on actual basis, their wages will have to be debited to the sub-head 'wages'
5For the purpose of assessing leave entitlement how should qualifying period be reckonedQualifying period should be reckoned with reference to actual number of days duty performed ignoring days of weekly off, leave and absence etc. All days of duty will be counted irrespective of intervening spells of absence, which do not constitute break in service.
6Frequency at which leave will be credited. Twice a year.On the 1st of January and 1st of July credit will be afforded for the preceding half year or fraction thereof, on a pro-rata basis at the rate of one day for every 10 days of work

[O.M. No.49014/2/93-Estt(c) dated 12.07.1994]

4.2. The hon'ble Supreme Court while hearing SLP (Civil) No.2224/2000) in the case of Union of India & Anr. Vs. Mohan Pal etc. had directed that:- "The Scheme of 10-9-93 is not an ongoing Scheme and the temporary status can be conferred on the casual labourers under that Scheme only on fulfilling the conditions incorporated in clause 4 of the scheme, namely, they should have been casual labourers in employment on the date of the commencement of the scheme and they should have rendered continuous service of at least one year i.e. at least 240 days in a year or 206 days (in case of offices having 5 days a week). We also make it clear that those who have already been given 'temporary' status on the assumption that it is an ongoing Scheme shall not be stripped of the 'temporary' status pursuant to our decision". The Supreme Court in the above case had also considered the question as to whether the services of casual labourers who had been given 'temporary status could be dispensed with as per clause 7 as if they were regular casual labourers and observed that- "The casual labourers who acquire 'temporary' status cannot be removed merely on the whims and fancies of the employer. If there is sufficient work and other casual labourers are still to be employed by the employer for carrying out the work, the casual labourers who have acquired 'temporary' status shall not be removed from service as per clause 7 of the Scheme. If there is serious misconduct or violation of service rules, it would be open to the employer to dispense with the services of a casual labourer who had acquired the 'temporary' status.

[O.M. No.40011/6/2002-Estt(C) dated 06.06.2002]

C. REGULARISATION OF IRREGULARLY APPOINTED WORKERS (in light of Uma Devi Judgement)

1. A Constitution bench of the Supreme Court in civil appeal No. 3595-3612/1999 etc. in the case of Secretary State of Karnataka and Ors. Vs. Uma Devi and others has reiterated that any public appointment has to be in terms of the Constitutional scheme. However, the Supreme Court in para 44 of the aforesaid judgement dated 10.4.2006 had directed that the Union of India, the State Governments and their instrumentalities should take steps to regularize as a one time measure the services of such irregularly appointed, who are duly qualified persons in terms of the statutory recruitment rules for the post and who have worked for ten years or more in duly sanctioned posts but not under cover of orders of courts or tribunals. The Apex Court has clarified that if such appointment itself is in infraction of the rules or if it is in violation of the provisions of the Constitution, illegality cannot be regularized.

[O.M. No.49019/1/2006-Estt(C) dated 11.12.2006]

NOTE: Both the scheme of 1993 and Regularisation in light of Uma Devi Judgement were one time measure and no other scheme/ instructions have been issued by DoPT other than the above (Paras. B & C) for the regularisation of Casual labourers.

D. ADDITIONAL BENEFITS TO THE CASUAL LABOURERS WITH TEMPORARY STATUS (CL-TS) IN CONTINUATION OF SCHEME OF 1993.

1. Allowance / Leave Benefits:

l.1 The benefit of Transport allowance was extended to casual labourers having temporary status vide DoPT's O.M. No. a9014/3/97-Estt(C) dated 1.08.1998. Physically handicapped casual labourers having temporary status were entitled to transport allowance at double the normal rate subject to terms and conditions in M/o Finance, D/o Expenditure's O.M. No. 19029 /1178-IV dated 31.08.78

[O.M. No.49014/2/2008-Estt(C) dated 04.08.2008]

1.2 It was clarified that the limit on accumulation of total number of days of leave will be 30O days as in the case of regular Government employees. In other words CLTS can accumulate leave upto a maximum of 300 days only.

[O.M. No.490/ 4/3/2007 -Estt(c) dated 18. 10.2014

1.3 Paternity leave as admissible to regular Government employees was also extended to the casual labourers with temporary status and who has less than two surviving children may be granted Paternity leave for a period of 15 days during the confinement of his wife. During the period of such leave he shall be paid wages drawn immediately before proceeding on leave.

7.4 Paternity leave was not to be debited against the leave account and could be combined with pro-rata earned leave admissible to casual employees under Casual Labourers (Grant of Temporary Status and regularisation) Scheme of Government of India, 1993."

[O.M. No.49014/1/98-EStt(C) dated 01.04.1998]

1.5. Casual employees who have been granted temporary status were entitled to Transport Allowance for computation of their daily rates of wages.

[O.M. No.49014/3/97-Estt(C), dated 01.04.1998]

2. GPF and pensionary benefits:

2.1 The casual labourers who had been granted temporary status under the scheme, and had completed 3 years of continuous service after that, were entitled to contribute to the General Provident Fund. It was also decided that 50% of the service rendered under temporary status would be counted for the purpose of retirement benefits in respect of those casual labourers who have been regularised in terms of para 8 of the OM dated 10.09.1993. This was applicable to all casual labourers covered under the scheme of 1993 whether they were regularised before or after 31.12.2003.
2.2. Regarding the modalities of transfer of the amount lying in the NPS account to the GPF account of these casual labourers, Controller General of Accounts (CGA) have furnished following clarifications:

(i) Adjustment of Employees contribution in Accounts:- Amount may be credited to individual's GPF Account and the account may be recasted permitting upto-date interest (Authority-FR-16 & Rule 11 of GPF Rules)

(ii) Adjustment of Government contribution under NPS in Accounts:- To be accounted for as (-) Dr. to object heads 70-Dedud Recoveries under major Head 2071- Pension and other Retirement benefit Minor Head 911- Deduct Recoveries of overpayment (GAR 35 and para 3.10 of List of Major and Minor Heads of Accounts)

(iii) Adjustment of increased value of subscription on account of appreciation of investment- may be accounted for by crediting the amount to Govt. amount under M.H.0071- Contribution towards Pensions and other Retirement Benefits 800- Other Receipts (Note under the about Head in LMMHA).

2.3. If the benefits under old pension scheme are to be allowed to a retired employee, who had contributed towards NPS at any stage, the entire NPS accumulations i.e. employee's contribution + Government's matching contribution + appreciation thereon should be remitted into the accredited bank of the PAO concerned.

[O.M. No.49014/2/2014-Estt(C)-Pt-I dated 11.10.2018],
[O.M. No.49014/2/2014-Estt(C)-Pt-I dated 28.07.2016], and
[O.M. No.49014/2/2014-Estt(C) dated 26.02.2016
]

3. Pay / Wages as per 7th CPC:

On the implementation of the recommendations of the 7th Central Pay Commission as per Government of India Notification dated 25th July, 2016, the Casual labourers with Temporary Status will continue to receive their wages with effect from 01.01.2016 as per provisions of the Casual Labours (Grant of Tempora4r Status & Regularisation) Scheme, worked out on the basis of the pay scales of Group 'C' as per Level 1 of the Pay Matrix recommended by the 7th Central Pay Commission and approved by the Government provided they are matriculate. In case of the similarly placed non- matriculate Casual Labourers with Temporar5r Status the above benefit of wages w.e.f. 01.01.2016 may he extended only after imparting the requisite training, by the respective administrative Ministries/ Departments on the lines indicated in the MOF o.M. No. 1/1/2008-IC dated 24.12.2008.

[O.M. No.49011/2/2017-Estt(C) dated 19.02.2018]

Source: DoPT

Wednesday, February 12, 2020

HRA - Terms of Application for Government Accommodation and the issuance of a 'No Accommodation Certificate' for the admissibility of a House Rent Allowance

HRA - Terms of Application for Government Accommodation and the issuance of a 'No Accommodation Certificate' for the admissibility of a House Rent Allowance


Central Government Accommodation HRA CGDA


IMMEDIATE
POLICY MATTER

CONTROLLER GENERAL OF DEFENCE ACCOUNTS
Ulan Batar Road, Palam, Delhi Cantt.- 110010
No. AN/XII/18007/1/Vol.54

Dated: 10.02.2020

KIND ATTENTION OF PCDA/ CDA/ ESTATE OFFICERS

To
All PCsDA/CsDA
PCA (Fys) Kolkata
(Through CGDA’s website)

Sub: Dispensation of conditions of applying for Government Accommodation and furnishing of ‘No Accommodation Certificate’ for admissibility of House Rent Allowance.

Reference is invited to Govt. of India, Ministry of Finance, Department of Expenditure Office Memorandum No. 2/5/2017-E.IIB dated 05.03.2019 (copy attached) wherein the Ministry has dispensed with the condition of applying for Government Accommodation and furnishing of ‘No Accommodation Certificate’ by Central Government employees to become eligible for HRA, in respect of General Pool Residential Accommodation (GPRA) controlled by Directorate of Estate, Ministry of Housing and Urban Affairs. It has been further stipulated in the ibid Office Memorandum that Ministries/Departments having their separate pool of residential accommodation for their employees other than GPRA, have been suggested to adopt these provision, wherever feasible.

Also check: 7TH PAY COMMISSION House Rent Allowance (HRA)

Accordingly, comments from PCDA/ CDA/ Estate Officers were called for and the matter was under consideration at this office. Now, in terms of rules contained in Allotment of DAD Pool Residential Accommodation Rules, 2019, it has been decided with the approval of Competent Authority that the provision of Govt. of India, Ministry of Finance, Department of Expenditure Office Memorandum No. 2/5/2017-E.IIB dated 05.03.2019 shall be applied to DAD Pool Residential Accommodations except Reserved or Appointment accommodation at various stations pan India with retrospective effect ie. w.e.f. 05.03.2019, the date of issue of ibid orders.

PCDA/ CDA/ Estate Officers are therefore requested to apply the ibid Office Memorandum dated 05.03.2019 on DAD Pool Residential Accommodations except Reserved or Appointment accommodation and dispense with the conditions of applying for Government Accommodation and furnishing of ‘No Accommodation Certificate’ for admissibility of House Rent Allowance w.e.f. 05.03.2019.

Encl: As above

(Rajeev Ranjan Ktimar)
Deputy CGDA (Admin)

Source: CGDA

Tuesday, February 11, 2020

MACP to Central Government Civil Employees, clarification for constitution of Screening Committee - DoP

MACP to Central Government Civil Employees, clarification for constitution of Screening Committee - DoP

Latest News MACP Central Govt Employees

No.4-7/MACPS /2019-PCC
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi-110001
Date: 10.02.2020

To
All Heads of Circles.
Sub: Modified Assured Carrier Progression Scheme to Central Government Civil Employees, clarification for constitution of Screening Committee - reg.

Sir/ Madam,

The undersigned has been directed to invite your kind attention to the para 4 & 5 of DoP&T OM No.350341312015-Estt.(D) MACP 22nd October, 2019 circulated vide this Directorate OM of even No. dated 30. 10.2019 regarding constitution of Screening Committee.

2. Keeping In view of the difficulties experienced by various Circles for constitution of the Screening Committee due to non availability of officers of the rank of prescribed status, the issue was re-examined in the changed scenario of 7th CPC, and it has been decided by the competent authority to modify the clarification, issued vide this Directorate OM No. 4-7/ MACPS/2009 - PCC dated 09.12.2009, corrigendum dated 11.12.2009 and dated 09.04.2010, as follows:

"The Chairperson should be one grade above the member of the Committee. The officer holding the post in JTS in Pay Matrix Level-10 (in the event of non-availability of STS Officer) can act as Chairperson of the Screening Committee. The officer of PS Group 'B' in Pay Matrix Level-9 can act as Member of the Screening Committee at Divisional level."

3. This issues with the approval of the Secretary (Posts).

(S.B.Vyavahare)
Assistant Director General (PCC/GDS)

Status of Cadre Review Proposals as on 31.01.2020 - Latest DoPT Orders 2020

Latest DoPT Orders 2020

Status of Cadre Review Proposals as on 31.01.2020

Status of Cadre Review proposals processed in DoPT as on 03.02.2020
Status of Cadre Review proposals processed in DoPT from
1st January. 2014 to 31 January. 2020 (status as on 03/02/2020)


A. Approved by Cabinet (32)
B. Pending Proposals (15)
  • With Concerned Ministry - CRC meeting held and Cabinet approval pending (1)
  • With Cabinet Secretariat (0)
  • With Department of Expenditure (4)
  • With Department of Personnel & Training (7)
  • With Ministry concerned for clarifications (3)

A. Approved by Cabinet




S. No.Name of the ServiceCRC* MeetingCabinet Approval
1Indian Cost Accounts Service29.10.201302.01.2014
2Central Power Engineering Service11.12.201313.05.2014
3Indian Ordnance Factory Service19.03.201429.10.2014
4Indian Civil Accounts Service’17.07.201316.01.20 15
5Border Road Engineering Service26.02.201507.04.2015
6Defence Aeronautical Quality Assurance Service08.01.201506.05.2015
7Indian Trade Service06.05.201401.07.2015
8Indian Statistical Service24.06.201429.07.2015
9Indian Skill Development Service10.04.201507.10.2015
10Indian Postal Service28.12.201525.05.2016
11Central Reserve Police Force15.12.201529.06.2016
12Indian Information Service05.05.201624.08.2016
13Border Security Force29.06.201612.09.2016
14Indian P & T Accounts and Finance Service17.09.201527.10.2016
15Ministry of Indian Enterprise Development Service
(IEDS)Micro, Small and Medium Enterprises (MSME)
28.12.201521.12.2016
16Indian Telecom Service06.10.201621.12.2016
17Central Engineering Service (Roads)25.04.201606.03.2017
18Indian Naval Material Management Service24.10.201322.06.2017
19Indian Defence Accounts Service09.09.201619.07.2017
20Sashastra Seema Bal (SSS) (Group ‘A’ Combatised)19.7.201720.12.2017
21Central Industrial Security Force (CISF)15.05.201710.01.2018
22Indian Petroleum and Explosive Safety Service (IPESS)09.01.201702.05.20 18
23Indian Railways Personnel Service19.04.201819.02.2019
24Indian Railways Traffic Service19.04.201819.02.2019
25Indian Railways Stores Service19.04.201819.02.2019
26Indian Railways Accounts Service19.04.201819.02.2019
27Indian Railways Service of Mechanical Engineers19.04.201819.02.2019
28Indian Railways Service of Electrical Engineers19.04.201819.02.2019
29Indian Railways Service of Engineers19.04.201819.02.2019
30Indian Railways Service of Signal Engineers19.04.201819.02.2019
31IndianTibetan Border Police08.02.201923.10.2019
32Indian P&T Building Works02.08.201906.11.2019
*CRC - Cadre Review Committee
Also check: DoPT Orders 2020: Status of Cadre Review Proposals as on 31.12.2019

B. Pending Proposals




SI. No.Name of the ServiceStatus

1. With Concerned Ministry – CRC meeting held and
Cabinet approval pending (01)
1Indian Defence Estate Service (IDES)Approval of Mos (PP) and FM Conveyed to Mod
2. With Cabinet Secretariat (0)
3. With Department of Personnel & Training (07)
2Indian Ordnance Factories Health Services (IOFHS)Meeting of CRC held on 28/08/2019 Action is being taken as per direction of CRC
3Central Health Service (CHS)Action is being taken as per direction of CRC in the case of IOFHS
4Central Geological Service Group ‘A’Cadre review proposal has been received on 28.11.19 and is under examination
5Geological Survey of India Chemical Service Group ’A’Cadre review proposal has been received on 28.11.19 and is under examination
6Geological Survey of India Geophysical Service Group ‘A’Cadre review proposal has been received on 28.11.19 and is under examination
7Geological Survey of India Engineering Service Group ‘A’Cadre review proposal has been received on 28.11.19 and is under examination
8Indian Cost Account ServiceProposal under examination
4. With Department of Expenditure (04)
9Indian Naval Armament Service (INAS)The revised proposal of INAS recommended by MoD has been examined and sent to DoE for Examination
10Survey of India Group ‘A’Recommendation of DoPT on proposal of Survey of India Group ‘A’ sent to DoE
11Indian Corporate Law ServiceRecommendation of DoPT sent to DoE
12Indian Radio Regulatory ServiceRecommendation of DoPT sent to DoE
5. With Ministry concerned for clarifications (3)
13Railway Protection ForceMinistry of Railway have been advised to revise the
proposal as per Cadre Review Guidelines.
14Indian Railway Medical Service (IRMS)Ministry of Railway have been advised to revise the
proposal as per Cadre Review Guidelines.
15Indian Skill Development ServiceProposal returned
Download PDF: DoPT

Central Government Employees Group Insurance Scheme 1980 - Tables of Benefits for the savings fund for the period from 01.01.2020 to 31.03.2020

CGEGIS 2020

Central Government Employees Group Insurance Scheme CGEGIS 1980 - Tables of Benefits for the savings fund from 1st Jan 2020 to 31st March 2020

No. 7(2)/EV/2016
Government of India
Ministry of Finance
Department of Expenditure

New Delhi, the 5th February, 2020

OFFICE MEMORANDUM

Sub: Central Government Employees Group Insurance Scheme 1980 - Tables of Benefits for the savings fund for the period from 01.01.2020 to 31.03.2020.

The Tables of Benefits for Savings Fund to the beneficiaries under the Central Government Employees Group Insurance Scheme CGEGIS 1980, which are being issued on a quarterly basis from 01.01.2017 onwards, as brought out in this Ministry’s OM of even number dated 17.03.2017, for the quarter from 01.01.2020 to 31.03.2020, as worked out by IRDA based on the interest rate of 7.9% per annum (compounded quarterly) as notified by the Department of Economic Affairs as per their Resolution No. 5(2)-B(PD)/2019 dated 15.01.2020, are enclosed.

2. The Tables enclosed are of two categories as per the existing practice. As hitherto, the first Table of Benefits for the savings fund of the scheme is based on the subscription of Rs.10 p.m. from 1.1.1982 to 31.12.1989 and Rs.15 p.m. w.e.f. 1.1.1990 onwards. The second Table of Benefits for savings fund is based on a subscription of Rs.10 p.m. for those employees who had opted out of the revised rate of subscription w.e.f. 1.1.1990.

Also check the previous: Central Government Employees Group Insurance Scheme 1980 - Tables of Benefits for the savings fund from 01.10.2019 to 31.12.2019

3. In their application to the employees of Indian Audit and Accounts Department, these orders are issued after consultation with the Comptroller & Auditor General of India.

4. Hindi version of these orders is attached.
CGEGIS 1980 Tables of Benefits for savings fund 1.1.2020 to 31.3.2020


(Amar Nath Singh)
Director

Source: DoE

Monday, February 10, 2020

Pension to Meritorious Sportspersons - Scheme for disabled sportspersons

Pension to Meritorious Sportspersons - Scheme for disabled sportspersons

Ministry of Youth Affairs and Sports

Scheme for disabled sportspersons

10 FEB 2020

The Ministry of Youth Affairs and Sports is implementing ‘Pension to Meritorious Sportspersons’ scheme, Sportspersons who are Indian citizens and have won medals in Olympic Games, Commonwealth Games, Asian Games and World Cups/ World Championships (in Olympic and Asian Games disciplines) and Paralympic Games, are eligible for lifelong monthly pension after they attain the age of 30 years or retire from active sports, whichever is later. At present, 627 sportspersons are getting lifelong monthly pension ranging from Rs. 12,000 to 20,000 under the scheme. This Ministry is also implementing the ‘Pandit Deendayal Upadhyay National Welfare Fund for Sportspersons’ (PDUNWFS), which caters to sportspersons of yesteryears now living in indigent conditions and for medical treatment of sportspersons. These schemes are equally applicable to disabled and physically impacted sportspersons.

Also check the : Scheme of ‘Pension to Meritorious Sportspersons’

Financial assistance to sportspersons under these schemes is not given state wise. Information relating to assistance provided to sportspersons from the PDUNWFS during the last five years and current year (as on 05.02.2020) is as under :


S. No.YearNumber of sportsperson
/ organization
Amount
(in Rs.)
12014-151770,00,000
22015-160412,00,000
32016-170312,85,000
42017-180625,37,500
52018-191266,00,000
62019-201559,32,415
This Information was given by the Minister of State (I/C) for Youth Affairs and Sports, Shri Kiren Rijiju in a written reply in the Rajya Sabha today.

PIB

LIC Policies - Life Insurance Corporation of India - PIB

LIC Policies - Life Insurance Corporation of India
Ministry of Finance

LIC Policies

10 FEB 2020

Life Insurance Corporation of India (LIC)
The Life Insurance Corporation of India (LIC) Corporation works actively to provide a bouquet of life insurance products to meet the needs of different social strata. This was stated in a written reply to a question in Lok Sabha today by Shri Anurag Singh Thakur, the Union Minister of State for Finance & Corporate Affairs.

This has helped LIC to retain its market share of 70.52 percent in the premium for the first year and 75.64 percent in policy terms as of 31.12.2019 (provisional figures) making it a dominant player. The Words Assurance, Endowment, Whole Life, Money Back, Children Specific, Women Specific, Micro Insurance, Unit-Linked and Pension policies are part of the product line, inter-alia.

Check: Latest news for central govt employees today

To give more details, the Minister of State reported that LIC had recruited 1,14,114 agents and 4,374 development officers during the current financial year up to 31.12.2019. This recruitment drive coupled with the Corporation's creative marketing strategies and a growth rate of 17.81 per cent of policies sold until 31.12.2019 is expected to enable LIC to cross three crore thresholds during the current fiscal year.

Shri Thakur said that LIC is constantly striving to deliver attractive products / features including the provision of higher surrender value; extension of the recovery period from two years to five years; option to take advantage of death in instalments and option to take advantage of maturity in installments (Settlement Option) etc.

Inputs from PIB

NPS - Additional Benefits on death / disability of Government Servants

NPS - Additional Benefits on death / disability of Government Servants

EAST COAST RAILWAY

Grant of Additional Benefits on death/disability of Government Servants covered under National Pension System (NPS) - Railway Board RBE No. 08/2020 No. D-43/4/2018- F(E)III dated 20.01.2020.

RBE No. 08/2020

Government of India
Ministry of Railways
(Railway Board)

No. D-43/4/2018-F(E)III
New Delhi, Dated 20.01.2020

The General Managers/ Principal Financial Advisory,
All Zonal Railways/ Production Units

Sub:- Grant of Additional Benefits on death / disability of Government Servants covered under National Pension System (NPS) - reg


NPS - Grant of Additional Benefits on death / disability of Central Government Servants covered under National Pension System
Attention is invited to Board’s letter No. 2008/AC-II/21/19 dated 29.05.2009 vide which instructions were issued providing for additional relief on death/disability of Government servants covered by New Defined Contribution Pension System (NPS). Instructions issued vide letter ibid will be applicable to those Government Servants who joined Government Service on or after 01.01.2004 and will take effect from the same date i.e. 01.01.2004. Further, attention is invited to the letter No. 2016/F(E)III/1(1)/3 dated 27.05.2016 vide which Pension Fund Regulatory and Development Authority (Exits and Withdrawals under NPS) Regulation, 2015 notified vide Gazette notification dated 11.05.2015 was adopted and circulated on Railways. It is prescribed in these regulations that if the subscriber or the family members of the deceased subscriber, upon his death, avails the option of additional relief on seek transfer of the entire accumulated pension wealth of subscriber to itself.

Also check: Good news for NPS employees

2. References were received in this office seeking clarification whether the rule allowing option for drawl of pension/ family pension, instead of NPS corpus, is also applicable retrospectively for the cases where corpus of NPS has already been paid to the deceased employee’s legal heirs before issue of board’s letter No. 2008/AC-II/21/19 dated 29.05.2009. If the date of application of additional benefit is retrospective, whether it is from the date the employee deceased or from the date of issue of Board’s letter dated 29.05.2009. Also, whether the arrears of pension/family pension is to be paid (upon surrender of NPS Corpus) or not, and the amount is likely to be huge which would impact the Railway Finances. Clarification was, also, sought whether the interest on the corpus is to be charged from the date of payment of corpus amount till the date of is surrender and if so, at what rate.

3. The above issue has been examined in consultation with Department of Pension and Pensioners’ Welfare (DOP&PW), the nodal Department of pensioner matters. DOP&PW has clarified that Railway servant/ family member in the case of death of railway servant of his discharge from service on account of invalidation/ disability, is entitled to pension/ family pension under old pension scheme under Railway Services (Pension) Rules, 1993, if the Railway servant/ Family wants to. DOP&PW have, further, clarified that the entire accumulated pension funds under NPS may be recovered from him/family with interest for the period from the date of receipt of entire accumulated pension wealth to the subscriber under NPS to the date of refund to the Government at the rate and manner applicable to GPF deposits from time to time.

4. The aforesaid clarification may be kept in view while dealing with cases covered under National Pension System (NPS).

sd/-
(G. Priya Sudarsani)
Director, Finance (Estt.)
Railway Board

CONCESSION IN HOME LOAN INTEREST RATES - CLSS - PMAY(U)

CONCESSION IN HOME LOAN INTEREST RATES - CLSS - PMAY(U)

GOVERNMENT OF INDIA
MINISTRY OF HOUSING AND URBAN AFFAIRS
LOK SABHA

UNSTARRED QUESTION NO. 919
ANSWERED ON FEBRUARY 06, 2020

CONCESSION IN HOME LOAN INTEREST RATES

DR. BHARATI PRAVIN PAWAR
SHRI SADASHIV KISAN LOKHANDE

Will the Minister of HOUSING AND URBAN AFFAIRS be pleased to state:

(a) whether any concession in interest rates on home loans is being provided at Central level to purchase/construct houses in Maharashtra; and

(b) if so, the details thereof and the number of people benefited in this regard in Maharashtra during the last three years?

ANSWER

THE MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF HOUSING AND URBAN AFFAIRS
(SHRI HARDEEP SINGH PURI)

(a) & (b) Yes, Sir. Government is implementing a Credit Linked Subsidy Scheme (CLSS) as one of the components of Pradhan Mantri Awas Yojana (Urban) [PMAY(U)] to provide interest subsidy for housing loans to eligible beneficiaries. The main featuresof CLSS are at Annexure - I. During the last three years 1,46,638 households have availed benefits under CLSS in Maharashtra.

Annexure - I

Annexure for Lok SabhaUnstarred Question No 919 for 06.02.2020


S.No.ParticularsEWS/LIGMIG-IMIG-II
1.Household Income (Rs. Per Annum)Up to.3,00,000/- for EWS and between 3,00,001 to6,00,000 for LIGBetween 600,001 upto 12,00,000Between 12,00,001 upto 18,00,000
2.Interest Subsidy (% p.a)6.5%4%3%
3.Maximum loan tenure (in years)202020
4.Eligible Housing Loan Amount for Interest Subsidy (Rs.)6,00,000*9,00,000*12,00,000*
5.Dwelling Unit Carpet Area (Sq.mtr)30#/60#Up to 160Up to 200
6.Discount Rate for Net Present Value (NPV) calculation for
interest subsidy
9%9%9%
7.Upfront Amount for Subsidy (approximately in Rs.)2,67,2802,35,0002,30,000
*Loans beyond this limit will be at non-subsidised rates.

The beneficiary, at his/her his discretion can build a house of larger area but interest subsidy would be limited to first Rs. 6 lakh only
CONCESSION IN HOME LOAN INTEREST RATES


Source : loksabha questions

Sunday, February 9, 2020

Reservations to SC and ST in promotions in the posts of Assistant Engineer (Civil) in Public Works Department

Supreme Court Judgement - Reservations to SC and ST in promotions

Non-Reportable

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

Civil Appeal No. 1226 of 2020
[Arising out of S.L.P. (Civil) No. 23701 of 2019]

Mukesh Kumar & Anr.

…. Appellant(s)

Versus

The State of Uttarakhand & Ors.

…. Resondent(s)

WITH

JUDGMENT

L. NAGESWARA RAO, J.
  1. The Controversy in the above Appeals pertains to the reservations to Scheduled Castes and Scheduled Tribes in promotions in the posts of Assistant Engineer (Civil) in Public Works Department, Government of Uttarakhand.
  2. The Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (for short “the 1994 Act”) provided for reservation in public services and posts in favour of persons belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens. Section 3(1) of the said Act stipulated reservation at the stage of direct recruitment. According to Section 3(7) of the 1994 Act, the Government Orders providing reservation for appointment to public posts filled up by promotion which were existing on the date of commencement of the 1994 Act shall continue till they are modified or revoked. After the formation of the State of Uttarakhand in 2001, the Uttar Pradesh Public Services (Scheduled Caste, Scheduled Tribe and Other Backward Caste Reservation) Act, 1994 was made applicable to the State of Uttaranchal by a Notification dated 30.08.2001 with a modification in the percentage of reservations. 21% reservation for Scheduled Castes was modified to 19% and 2% for Scheduled Tribes was increased to 4%. Likewise, 21% reservation provided in the 1994 Act for Other Backward Classes was altered to 14%.

    Also check: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020
  3. A Division Bench of the High Court of Judicature at Allahabad in Mukund Kumar Shrivastava v. State of U.P.1 upheld the validity of Rule 8-A of the Uttar Pradesh Servants Government Seniority Rules, 1991 (for short “the Seniority Rules”) which dealt with consequential seniority of persons belonging to Scheduled Castes and Scheduled Tribes. Later, in Prem Kumar Singh v. State of U.P.2, another Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench held that the judgment in Mukund Kumar Shrivastava (supra) is per incuriam and not a binding precedent. In Prem Kumar Singh’s case (supra), the High Court declared Section 3(7) of the 1994 Act and Rule 8-A of the Seniority Rules unconstitutional. While declaring the correctness of the judgments of the High Court, this Court by its judgment in Uttar Pradesh Power Corporation v. Rajesh Kumar3 held that Section 3(7) of the 1994 Act is unconstitutional insofar as it is contrary to the dictum in M. Nagaraj & Ors. v. Union of India & Ors.4
  4. The challenge to Section 3(7) of the 1994 Act, as extended to the State of Uttarakhand, was upheld by the High Court of Uttarakhand in Vinod Prakash Nautiyal & Others v. State of Uttarakhand & Others5. Relying upon the judgment of this Court in U.P. Power Corporation (supra), the High Court of Uttarakhand declared Section 3(7) of the 1994 Act unconstitutional and directed that no promotion can be given by the State by taking recourse to Section 3(7) of the 1994 Act. The application filed for review of the judgment in Vinod Prakash Nautiyal (supra) was dismissed. By way of implementation of the judgment of the High Court dated 06.07.2011 in Vinod Prakash Nautiyal (supra), a committee was constituted by the Government of Uttarakhand for collection of quantifiable data relating to the backwardness of the reserved communities in the State of Uttarakhand and the inadequacy of their representation in public posts.
  5. On 05.09.2012, the State Government decided that all posts in public services in the State shall be filled up without providing any reservations to Scheduled Castes and Scheduled Tribes. All Government Orders to the contrary were superseded by the proceeding dated 05.09.2012. Mr. Gyan Chand who was working as Assistant Commissioner (Civil), State Tax and belonging to Scheduled Caste Community filed a Writ Petition for quashing the proceeding dated 05.09.2012. The High Court by its judgment dated 01.04.2019 struck down the proceeding dated 05.09.2012 as being contrary to the law declared by this Court in Indra Sawhney v. Union of India & Ors.6 and Jarnail Singh & Ors. v. Lachhmi Narain Gupta & Ors.7 While referring to the judgments of this Court in M. Nagaraj (supra) and Jarnail Singh (supra), the High Court held that Article 16(4) of the Constitution in an enabling provision. The High Court observed that it is not necessary for the State Government to collect quantifiable data regarding representation of Scheduled Castes and Scheduled Tribes in State services or regarding their backwardness before providing reservation in their favour in promotion posts. The High Court was of the opinion that the judgment in Vinod Prakash Nautiyal (supra) related to the constitutional validity of Section 3(7) of the 1994 Act alone and the Notifications pertaining to reservation in promotion in favour of Scheduled Castes and Scheduled Tribes were not set aside. The Appeals arising out of Civil Appeal @ S.L.P.(Civil) No.25508 of 2019 and Civil Appeal @S.L.P. (Civil) @ Diary No.39572 of 2019 have been filed assailing the judgment of the High Court dated 01.04.2019.
  6. Vinod Kumar and three others belonging to the Scheduled Castes working in the Public Works Department, Government of Uttarakhand filed a Writ Petition in the High Court of Uttarakhand seeking a direction to the Respondent therein to prepare a separate list of eligible candidates as per Rule 5 of the Uttarakhand Promotion by Selection (on posts outside the purview of Public Service Commission) Eligibility Rules, 2003 and to prepare a separate list for each category of eligible candidates of General, Scheduled Castes and Scheduled Tribes for promotion to the post of Assistant Engineer (Civil) in Public Works Department. A further direction to the State Government was sought to hold a departmental promotion committee for promotion to the posts of Assistant Engineers after providing reservation to Scheduled Castes and Scheduled Tribes in accordance with the Government Orders dated 30.08.2001, 31.08.2001 and 17.02.2004 by which reservation was provided in promotion. The Writ Petition was disposed of by the High Court on 15.07.2019 with a direction to the State Government to implement reservations in promotion by promoting only members of Scheduled Castes and Scheduled Tribes in future vacancies to maintain the quota earmarked for the said categories. Civil Appeals @ S.L.P.(Civil) No. 23701 of 2019 and Civil Appeal @ S.L.P. (Civil) No.22640 of 2019 are challenging the judgment dated 15.07.2019.
  7. In the meanwhile, the Respondents in Writ Petition (Civil) No.117 of 2019 i.e. the State of Uttarakhand filed an application for review of the judgment dated 01.04.2019. The High Court realized that it committed an apparent error in its judgment dated 01.04.2019, while deciding the Writ Petition by referring to the judgment of this Court in Jarnail Singh (supra). The High Court clarified that the State Government is obligated to collect quantifiable data regarding inadequacy of representation of the Scheduled Castes and Scheduled Tribes in state services before providing reservation in promotion. The High Court clarified that it is not necessary for the State Government to collect data regarding backwardness of the Scheduled Castes and Scheduled Tribes in the light of the direction of this Court in Jarnail Singh (supra). The High Court also observed that the State is not obligated to provide reservation in promotions to members of Scheduled Castes and Scheduled Tribes as Article 16(4-A) of the Constitution is an enabling provision. However, reservation can be provided by the State Government only after collecting data regarding inadequacy of representation of the Scheduled Castes and Scheduled Tribes in state services. As such, the High Court directed the State Government to collect quantifiable data regarding inadequacy of the representation of the Scheduled Castes and Scheduled Tribes in Government services which would enable the State Government to take a considered decision on providing or not providing reservation. The State Government was directed to take a decision whether to provide reservation or not only after considering the data relating to the adequacy or inadequacy of representation of Scheduled Castes and Scheduled Tribes in the services of the State within a period of four months from the date of receipt of the judgment. Aggrieved by the order dated 15.11.2019 passed in Review Petition in W. P. (S/B) No.117 of 2019, the Civil Appeal @ S.L.P.(Civil) No.27715 of 2019, Civil Appeal @ S.L.P.(Civil) No.28039 of 2019, Civil Appeal @ S.L.P. (Civil) No.27735 of 2019 and Civil Appeal @ S.L.P.(Civil) No. 28947 of 2019 have been filed.
  8. Mr. Ranjit Kumar, learned Senior Counsel appearing for the Appellants in SLP (C) No. 25508 of 2019, Mr. Mukul Rohtagi and Mr. P.S. Narsimha, learned Senior Counsel appearing for the State of Uttarakhand contended that there is no fundamental right to claim reservation in appointments or promotions to public posts. There is no constitutional duty on the part of the State Government to provide reservations. Article 16 (4) and 16 (4-A) are merely enabling provisions. On 15.09.2012, the State of Uttarakhand, after due consideration, decided that there shall be no reservation in promotions. They relied upon the judgment of the High Court of Uttarakhand in Vinod Prakash Nautiyal (supra) by which Section 3 (7) of the 1994 Act was declared unconstitutional. It was submitted by them that the State Government has not brought any law in terms of the judgment of this Court in M. Nagaraj & Ors. (supra). It was urged by the learned Senior Counsel that there is no necessity for collection of any quantifiable data after the Government has taken a decision not to provide reservations. The collection of data, according to them, is required only to justify a decision to provide reservation. It was also submitted by them that according to a judgment of this Court in Suresh Chand Gautam v. State of U.P.8 no direction can be given by the Court to the State Government to collect quantifiable data on the basis of which a decision to provide reservation should be taken. They placed reliance on the judgment of this Court in M. Nagaraj & Ors. (supra) to argue that the State is not bound to make reservations.
  9. On the other hand, Mr. Kapil Sibal, Mr. Dushyant Dave and Mr. Colin Gonsalves, learned Senior Counsel and Dr. K.S. Chauhan, learned counsel, appearing for the reserved category employees submitted that the State cannot refuse to collect quantifiable data regarding the adequacy or inadequacy of representation of the Scheduled Castes and Scheduled Tribes in public services. They submitted that there is an obligation on the State to provide reservations in promotions for upliftment of the members of the Scheduled Castes and Scheduled Tribes as mandated by Article 16 (4) and 16 (4-A) of the Constitution of India. The right to equality of persons belonging to Scheduled Castes and Scheduled Tribes cannot be defeated by the State Government by not discharging its constitutional obligation of implementing Article 16 (4) and 16 (4-A) of the Constitution. They urged before this Court that according to the law laid down by this Court, the State has a duty to decide not to provide reservations only after the State is satisfied that the Scheduled Castes and Scheduled Tribes are adequately represented in public posts on the basis of quantifiable data. According to them, Suresh Chand Gautam (supra) was not correctly decided and needs reconsideration. It was also submitted on behalf of the reserved category candidates that a Committee was constituted by the Government of Uttarakhand to collect quantifiable data regarding the adequacy of representation of persons belonging to Scheduled Castes and Schedules Tribes in public posts in accordance with the judgment of this Court in M. Nagaraj (supra). According to the report submitted by the Committee, there is inadequate representation of the Scheduled Castes and Scheduled Tribes in government services in the State of Uttarakhand. The said report was approved by the State Cabinet. It was contended by the learned counsel that the State Government was duty bound to provide reservations on the basis of the data that was collected by the Committee.
  10. The central point that arises for our consideration in these appeals is whether the State Government is bound to make reservations in public posts and whether the decision by the State Government not to provide reservations can be only on the basis of quantifiable data relating to adequacy of representation of persons belonging to Scheduled Castes and Scheduled Tribes.
  11. Article 16 (4) and 16 (4-A) do not confer fundamental right to claim reservations in promotion9. By relying upon earlier judgments of this Court, it was held in Ajit Singh (II) (supra) that Article 16 (4) and 16 (4-A) are in the nature of enabling provisions, vesting a discretion on the State Government to consider providing reservations, if the circumstances so warrant. It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts10. Similarly, the State is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matters of promotions. However, if they wish to exercise their discretion and make such provision, the State has to collect quantifiable data showing inadequacy of representation of that class in public services. If the decision of the State Government to provide reservations in promotion is challenged, the State concerned shall have to place before the Court the requisite quantifiable data and satisfy the Court that such reservations became necessary on account of inadequacy of representation of Scheduled Castes and Scheduled Tribes in a particular class or classes of posts without affecting general efficiency of administration as mandated by Article 335 of the Constitution11.
  12. Article 16 (4) and 16 (4-A) empower the State to make reservation in matters of appointment and promotion in favour of the Scheduled Castes and Scheduled Tribes ‘if in the opinion of the State they are not adequately represented in the services of the State’. It is for the State Government to decide whether reservations are required in the matter of appointment and promotions to public posts. The language in clauses (4) and (4-A) of Article 16 is clear, according to which, the inadequacy of representation is a matter within the subjective satisfaction of the State. The State can form its own opinion on the basis of the material it has in its possession already or it may gather such material through a Commission/Committee, person or authority. All that is required is that there must be some material on the basis of which the opinion is formed. The Court should show due deference to the opinion of the State which does not, however, mean that the opinion formed is beyond judicial scrutiny altogether. The scope and reach of judicial scrutiny in matters within the subjective satisfaction of the executive are extensively stated in Barium Chemicals v. Company Law Board12, which need not be reiterated13.
  13. On the basis of the settled law of this Court pertaining to the scope of Article 16 (4) and 16 (4-A) of the Constitution, we proceed to determine the correctness of the judgments of the High Court. As noted above, the judgment of the High Court in Writ Petition No.117 of 2019 is to the effect that the proceeding dated 05.09.2012 issued by the Government of Uttarakhand by which it was decided to fill up the promotional posts or vacancies without providing reservations to Scheduled Castes and Scheduled Tribes was struck down. It was held by the High Court that the notifications that were issued by the Government of Uttarakhand, providing for reservations, continued to operate. A direction was issued by the High Court that reservation in promotion in favour of the Scheduled Castes and Scheduled Tribes can be made by the State Government without having quantifiable data regarding the backwardness of the Scheduled Castes and Schedules Tribes or the adequacy of their representation in the Government services.
  14. The application filed for review of the judgment in Writ Petition No.117 of 2019 was decided by a judgment dated 08.11.2019 by the High Court. Realising the error committed in its judgment dated 01.04.2019, the High Court modified the judgment by holding that according to the decision of this Court in Jarnail Singh v. Lachhmi Narain Gupta14, the State was obligated to collect quantifiable data regarding the inadequacy of representation of the Scheduled Castes and Scheduled Tribes in public services. The High Court observed that Article 16 (4) and 16 (4-A) of the Constitution are enabling provisions, and the State Government is not obligated to provide reservations in promotion in favour of members of the Scheduled Castes and Scheduled Tribes. The High Court expressed its opinion that reservation in promotion to public posts can be provided by the State Government only after collecting data regarding the inadequacy of their representation in service. In light of the above, the High Court directed the State Government to collect quantifiable data regarding the adequacy or inadequacy of representation of Scheduled Castes and Scheduled Tribes in state services which would enable the State Government to take a considered decision as to whether or not reservation in promotion should be provided in favour of Scheduled Castes and Scheduled Tribes. The collection of quantifiable data was directed to be completed within four months from the date of receipt of the judgment.
  15. The High Court committed an error by striking down the proceeding dated 05.09.2012 by which a decision was taken not to provide reservation in promotions without giving any reasons, except stating that the said decision is contrary to the judgments of this Court in Jarnail Singh and Indra Sawhney (supra). A perusal of the proceeding dated 05.09.2012 would show that the decision taken by the State Government was by way of implementation of the judgment of the High Court of Uttarakhand in Vinod Prakash Nautiyal (supra) by which Section 3(7) of the 1994 Act, relating to the provision of reservation in promotion, was struck down. By its judgment dated 10.07.2012 in Vinod Prakash Nautiyal (supra), the High Court declared Section 3 (7) of the 1994 Act as contrary to the law laid down by this Court in M. Nagaraj (supra). There was a further declaration that no promotion can be given by the State of Uttarakhand by taking recourse to Section 3 (7) of the 1994 Act. However, the State Government was given liberty to bring out another legislation in accordance with the mandate of the Constitution of India, by following the judgment in M. Nagaraj (supra). This Court dismissed the SLP filed against the said judgment. At this juncture, it is relevant to mention that certain notifications were issued after the formation of the State of Uttarakhand by which reservation in promotion to public posts as provided in the State of Uttar Pradesh was adapted with certain modifications. As stated above, the Government of Uttarakhand appointed a Committee for collection of quantifiable data pertaining to the adequacy or inadequacy of representation of the members of Scheduled Castes and Scheduled Tribes in public services in the State. The Committee submitted its report, according to which the representation of Scheduled Castes and Scheduled Tribes is inadequate. The State Cabinet approved the recommendation of the Committee on 12.04.2012. Ultimately, the State Government by a proceeding dated 05.09.2012 decided to set aside all previous Government orders relating to reservation in promotions to Government services in the State. As the Government is not bound to provide reservation in promotions, we are of the opinion that there is no justifiable reason for the High Court to have declared the proceeding dated 05.09.2012 as illegal.
  16. The direction that was issued to the State Government to collect quantifiable data pertaining to the adequacy or inadequacy of representation of persons belonging to Scheduled Castes and Scheduled Tribes in Government services is the subject matter of challenge in some appeals before us. In view of the law laid down by this Court, there is no doubt that the State Government is not bound to make reservations. There is no fundamental right which inheres in an individual to claim reservation in promotions. No mandamus can be issued by the Court directing the State Government to provide reservations. It is abundantly clear from the judgments of this Court in Indra Sawhney, Ajit Singh (II), M. Nagaraj and Jarnail Singh (supra) that Article 16 (4) and 16 (4-A) are enabling provisions and the collection of quantifiable data showing inadequacy of representation of Scheduled Castes and Scheduled Tribes in public service is a sine qua non for providing reservations in promotions. The data to be collected by the State Government is only to justify reservation to be made in the matter of appointment or promotion to public posts, according to Article 16 (4) and 16 (4-A) of the Constitution. As such, collection of data regarding the inadequate representation of members of the Scheduled Castes and Schedules Tribes, as noted above, is a pre requisite for providing reservations, and is not required when the State Government decided not to provide reservations. Not being bound to provide reservations in promotions, the State is not required to justify its decision on the basis of quantifiable data, showing that there is adequate representation of members of the Scheduled Castes and Schedules Tribes in State services. Even if the under-representation of Scheduled Castes and Schedules Tribes in public services is brought to the notice of this Court no mandamus can be issued by this Court to the State Government to provide reservation in light of the law laid down by this Court in C.A. Rajendran (supra) and Suresh Chand Gautam (supra). Therefore, the direction given by the High Court that the State Government should first collect data regarding the adequacy or inadequacy of representation of Scheduled Castes and Scheduled Tribes in Government services on the basis of which the State Government should take a decision whether or not to provide reservation in promotion is contrary to the law laid down by this Court and is accordingly set aside. Yet another direction given by the High Court in its judgment dated 15.07.2019, directing that ll future vacancies that are to be filled up by promotion in the posts of Assistant Engineer, should only be from the members of Scheduled Castes and Scheuled Tribes, is wholly unjustifiable and is hence set aside.
  17. The submission made on behalf of the reserved category candidates that the judgment of this Court in Suresh Chand Gautam (supra) needs reconsideration is without substance in view of the findings recorded above. We are in agreement with the decision of this Court in Suresh Chand Gautam (supra) in which it was held that no mandamus can be issued by the Court to the State to collect quantifiable data relating to adequacy of representation of the Scheduled Castes and Scheduled Tribes in public services.
  18. The High Court was not informed about the appointment of a Committee for collection of quantifiable data and the completion of such exercise by the Committee, which was approved by the State Cabinet. However, the State Government took a conscious decision not to provide reservation in promotions. The direction given by the High Court to collect quantifiable data, therefore, is wholly unnecessary as the State is already in possession of the said data.
  19. In view of the aforesaid, the impugned judgments of the High Court in Writ Petition (S/B) No. 351 of 2019, Writ Petition (S/B) No. 117 of 2019 and Review Application No. 389 of 2019 in Writ Petition (S/B) No. 117 of 2019 are set aside.
  20. The Appeals are disposed of accordingly.
……………
[L. NAGESWARA RAO]
……………
[HEMANT GUPTA]
New Delhi,
February 07, 2020

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