Wednesday, February 18, 2015

Dopt Orders on MACP – Granting of MACP benefits as and when the employees become eligible

Dopt Orders on MACP – Granting of MACP benefits as and when the employees become eligible

MACPS are not being granted as per the schedule/provisions in the MACP Scheme leading to dissatisfaction and grievances among the employees. Therefore, Ministries/Departments are advised to ensure strict compliance to the time limits indicated in MACPS for grant of benefits under this scheme as and when the employees become eligible for such benefits.

G.I., Dep. of Per. & Trg.,
O.M.No.35034/3/2008-Estt. (D),
dated 18.2.2015

Subject:-MODIFIED ASSURED CAREER PROGRESSION SCHEME FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES-instructions regarding,

This Department on the recommendation of Sixth Central Pay Commission in Para 6.1.15 of its report and in supersession of previous Assured Career Progression Scheme, vide O.M. No. 35034/3/2008-Estt.(D) dated 19.05.2009 introduced the Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees which is operational w.e.f. 01.09.2008. MACP Scheme envisages the three financial upgradations at intervals of 10, 20 and 30 years of continuous regular service to all regularly appointed Group “A”, “B”, and “C” Central Government Civilian Employees.

2. As per para 6 of DOPT’s O.M. No. 35034/3/2008-Estt.(D) dated 19.05.2009, the Screening Committee would follow a time-schedule and meet twice in a financial year – preferably in the first week of January and first week of July of a year for advance processing of the cases maturing in that half. Accordingly, cases maturing during the first-half (April-September) of a particular financial year would be taken up for consideration by the Screening Committee meeting in the first week of January. Similarly, the Screening Committee meeting in the first week of July of any financial year would process the cases that would be maturing during the second-half (October-March) of the same financial year.

3. It has come to notice of this Department that the benefits of MACPS are not being granted as per the schedule/provisions in the MACP Scheme leading to dissatisfaction and grievances among the employees. Therefore, Ministries/Departments are advised to ensure strict compliance to the time limits indicated in MACPS for grant of benefits under this scheme as and when the employees become eligible for such benefits.


Source: www.persmin.gov.in

7th CPC round-table meeting with Bharat Pensioners Samaj

BPS- As Principal stake holder of Civil Pensioners at 7th CPC round-table on 17.2.15

As a rare distinction ‘Bharat Pensioners Samaj’ & its one affiliate CGPA Noida only were shortlisted to represent Civil Pensioners on 7th CPC round -table, the other three organizations who participated were of Defence Pensioners.

Secy General BPS pleaded :
  • No cutoff dates,
  • min.pension to be 65%
  • family Pension 45% of last drawn,
  • include DA in pension emoluments,
  • bring down ratio bet.minimum-maximum paid,
  • equal % rise in pension to all,
  • take ahead Vth CPC parity formula,
  • Smart card to all pensioners for cashless Medical care,
  • periodical upward revision of CGHS rates to match market rates,
  • relaxation of restriction for grant of family pension to divorced & widowed daughters,
  • restore, 100% commuted value to PSU absorbees,
  • Ex-servicemen status to Defence civilian,
  • BSNL pensioners be treated at par with C.G.Pensioners for pension fixation,
  • rectify anomalies created by GP & implementation of 6th CPC. etc.
http://scm-bps.blogspot.in/2015/02/bps-as-principal-stake-holder-of-civil.html

Importance of following the due process in disciplinary proceedings – DOPT Orders issued on 18.2.2015

Importance of following the due process in disciplinary proceedings – DOPT Orders issued on 18.2.2015
G.I., Dep. of Per. & Trg.,
O.M.F. No.11012/3/2015-Estt.A-III,
dated 18.2.2015

Subject: Importance of following the due process in disciplinary proceedings – regarding

This Department has been emphasising the necessity of conforming with the procedures prescribed in the Central Civil Services (Classification, Control & Appeal) Rules, 1965 [CCS(CCA) Rules, 1965] while dealing with the disciplinary proceedings conducted in Ministries/ Departments. Many a times the Hon’ble Administrative Tribunals and Courts have held the proceedings non-est for non-conformity of the procedure, without even going into the merits of the case. This issue was highlighted recently in the judgement of the Hon’ble Supreme Court in the B. V. Gopinath case in SLP No. 6348/2011.

2. Procedural lapses have also been noticed in a few cases referred to this Department for advice. Two areas where procedural lapses are frequently noticed are: (i) not following the procedure prescribed in Rule 14(18) of CCS (CCA) Rules, 1965 while conducting the disciplinary inquiry; and (ii) not following the procedures laid down in Rule 9 of CCS(Pension) Rules, 1972 in the case of proceedings against retired Government servants.

3. Rule 14(18) of CCS (CCA) Rules, 1965, provides that, “the inquiring authority may, after the Government servant closes his case, and shall, if the Government servant has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the Government servant to explain any circumstances appearing in the evidence against him.”. This is a formal action required to be taken by the inquiry officer before closing the inquiry. It has been seen that many a times this is not formally recorded and the inquiry gets vitiated. It is imperative that the inquiry is conducted strictly in accordance with the procedures prescribed.

4. Attention is also invited to Rule 9 of the Central Civil Services (Pension) Rules, 1972, while lays down that the departmental proceedings, if instituted while the Government servant was in service, whether before his/her retirement or during his re-employment, shall, after his/her final retirement, be deemed to be proceedings under the rule and shall be continued and concluded by the authority which commenced them, in the same manner as if the Government servant had continued in service. This rule also stipulates that where the departmental proceeding is instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President.

5. All Ministries / Departments are requested to please bring to the attention of all concerned the necessity of conforming to the procedures prescribed for conducting departmental proceedings.

6. In this regard, attention is also invited to the ISTM publication ‘Handbook for Inquiry Officers & Disciplinary Authorities, 2013′, which can be used as a reference guide in such matters. The Handbook may be accessed under ‘Publications/Reports’ on this Department’s website: http://persrnin.nic.in/DOPT.asp.

Source:  www.persmin.gov.in

Central Civil Services (Conduct) Rules, 1964 and The Lokpal and Lokayuktas Act, 2013 — Submission of declaration of assets and liabilities by the public servants for each year — regarding

Submission of declaration of assets and liabilities by the public servants for each year – Dopt orders Feb 2015
G.I., Dep. of Per. & Trg.,
O.M.F. No. 11013/3/2014-Estt.(A),
dated 17.2.2015

Subject: Central Civil Services (Conduct) Rules, 1964 and The Lokpal and Lokayuktas Act, 2013 — Submission of declaration of assets and liabilities by the public servants for each year — regarding

The undersigned is directed to refer to this Department’ OM of even no. dated /16.01.2015 clarifying the provisions relating to submission of declaration of assets and liabilities by the public servants. As per this clarification, all Government Servants have been advised that:
(i) The annual Immovable Property Return (IPR), as on 31.12.2014, under the existing CCS(Conduct) Rules, 1964 is required to be filed on or before 31.01.2015;

(ii) The first return under the Lokpal and Lokayuktas Act, 2013 (as on 01.08.2014) should be filed on or before 30.04.2015; and

(iii) The next annual return under the Lokpal and Lokayuktas Act, 2013, for the year ending 31.03.2015, should be filed on or before 31.07.2015.
2. The Secretaries of all Ministries/ Departments have also been requested that all concerned may be suitably advised to file the IPRs and the return under the Lokpal Act as per the dates indicated above. A compliance report in respect of the IPRs filed by Group ‘A’ Officers of the Central Civil Services, as on 31.01.2015, has also been requested by 30.04.2015. It has also been requested that similar action may be taken by the authorities controlling services not covered by the Central Civil Services (Conduct) Rules, 1964.

3. In this regard it has been directed that all preparatory steps for the purpose of filing returns under the Lokpal and Lokayuktas Act, 2013, be put in place. An online system for filling the annual declarations of assets and liabilities by the public servants, as in PRISM (Property Related Information System) for IAS officers developed by NIC, may be adopted.

4. The Cadre Controlling Authorities are accordingly requested to please take immediate steps for putting in place all preparatory steps.

5. Hindi version will follow.

Source: www.persmin.gov.in

OROP News: Government likely to categories 'military pension' separately

OROP News: Government likely to categories 'military pension' separately

Aiming to fulfill a long-standing demand of ex-servicemen regarding the implementation of 'one rank, one pension' norm, the government may categorise 'military pension' as a different pension category.

Official sources said that is likely that military pension may be soon categorised as a separate category which would ensure that it cannot be equated with other pensions.

"There are several reasons because of which the government is contemplating such a move to differentiate this service. First of all this is the only service where a majority of soldiers retire at the age of 34 years. There is constant risk to life and the service hours are round the clock," a well placed source said.

Explaining the logic further, the source said that military is also the last line of defence and such a step will also have a motivational and inspirational value.

Sources said that the Finance ministry and the Defence Ministry are making efforts towards fulfilling the commitment.

It is learnt that the Finance Minister Arun Jaitley and Defence Minister Manohar Parrikar have been deliberating on the issue.

The move is expected to cost around Rs 8,000 crore, the sources said.

"Detailed planning is required as there are hundreds of ranks and thousands of permutations and combinations involved," a source said.

One rank, one pension scheme has been a long-standing demand of the over 2 million ex-servicemen in the country.

It seeks to ensure that a uniform pension is paid to defence personnel who retire at the same rank with the same length of service, irrespective of their date of retirement.

PTI

Supreme Court sets bar on suspension of government employees

Supreme Court sets bar on suspension of government employees
A government employee can't be kept suspended for more than three months if not formally informed about the charges, the Supreme Court said Monday.
Based on the principle of human dignity and the right to speedy trial, the landmark verdict is expected to affect lakhs of government employees across India, many of whom are under suspension for years pending departmental proceedings.
"Suspension, specially preceding the formulation of charges, is essentially transitory or temporary in nature, and must perforce be of short duration," a bench headed by justice Vikramjit Sen said.
If the charge sheet or memorandum of charges was served within three month, the suspension could be extended, it ruled.
"If it (suspension) is for an indeterminate period or if its renewal is not based on sound reasoning…, this would render it punitive in nature," the court said.
It agreed with petitioner's senior counsel Nidhesh Gupta that a suspension order can't continue for an unreasonably long period.


Protracted periods of suspension had become the norm and not the exception that they ought to be, the court said. It drew a parallel with criminal investigation wherein a person accused of heinous crime is released from jail after the expiry of 90 days if police fail to file the charge sheet.
The suspended persons suffers even before being charged and "his torment is his knowledge that if and when charged, it will inexorably take an inordinate time for the inquisition or inquiry to come to its culmination". "Much too often this has now become an accompaniment to retirement," the court said, setting aside a direction of the central vigilance commission that required departmental proceedings to be kept in abeyance pending a criminal investigation.
The government, however, was free to transfer the officer concerned to any department in any of its offices to ensure the employee did not misuse contacts for obstructing the probe, the court said.
The order came on a petition filed by defence estate officer Ajay Kumar Choudhary, who was suspended in September 2011 for allegedly issuing wrong no-objection certificates for the use of a four-acre land parcel in Kashmir. After failing to get relief from the Delhi high court, Choudhary had moved the top court in 2013.

Since a charge sheet had already been served on Choudhary, these directions would not apply to his case, the court said.

Read at Hindustan Times

Dream of OROP has moved a step closer to its approval: IESM

Dream of OROP has moved a step closer to its approval: IESM
OROP LATEST NEWS BY IESM
Dear Members

Further to the information given in the report of rally held on 1 Feb 15. On 1 Feb 15 a delegation of 30 ESM including four veernaris met RM at Kotah house. RM had promised to take action on OROP latest by 17 Feb 15.
IESM has a good news for you. Your dream of OROP has moved a step closer to its approval.


As promised by RM to IESM delegation that he will personally monitor the progress on OROP. True to his promise he has chaired a meeting today of OROP action committee. The meeting was attended by CGDA, DESW, MOD and Army pay cell Maj Gen Aggarwal and Col Pruthi. Col Rathore also attended the meeting. It is confirmed that OROP file has finally reached MOD.
Following decisions have been taken in the meeting today 17 Feb 15. 
  1. OROP will be as per approved definition.
  2. In most of cases ESM will get fixed at highest of their rank pay band. 
  3. OROP equalization will be done annually.
  4. Some issues of Major’s pension are under discussion and will be sorted out soon.

RM gave special instructions to Gen Aggarwal to inform Gen Satbir singh about this development. Gen Aggarwal informed IESM asap he came out of the meeting. File is under final scrutiny and preparation and file will be dispatched to MOF on 23 Feb as RM is going to attend Annual Aero Show at Bangaluru from 17 to 22 Feb.
CGDA has already issued circular no 536 giving increase in pension of widows w.e.f. 24 Sep 12. This circular fixes the pension of widow at 60% of the pension of the ESM as given in circular 500. Widows will get this enhanced pension from 24 Sep 2012. They will further get arrears from 1 Jan 2006 as and when the MOD issues such instructions.
Dear Members hold your celebration till budget. We will finally come to know how much funds get allotted for OROP in this years budget and will raise a toast for OROP on that day.
IESM salutes sincerity of RM Sh Manohar Parrikar. He is a man of his words. He had promised action on OROP by 17 Feb and he has executed it.

Regards
Gp Capt VK Gandhi VSM
Gen Sec IESM

Block N5, Flat no 801
Narmada Block
Pocket D6, Vasant Kunj
New Delhi. 110070
Mobile 09810541222

Source: http://ex-airman.blogspot.in/

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