Technical Resignation & Lien- Consolidated guidelines

No. 28020/1/2010-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
******

North Block, New Delhi
Dated 17th August, 2016

OFFICE MEMORANDUM

Subject: Technical Resignation & Lien- Consolidated guidelines.

The undersigned is directed to refer to this Department's OM of even number dated
the 26th December, 2013 on the above subject and to say that guidelines/instructions regarding Technical Resignation have been issued from time to time. It is now proposed to further consolidate these instructions, as the Department continues to receive frequent references on these issues.

2.1 Technical Resignation

2.1.1 As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965, the resignation is treated as a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department, and is on selection, required to resign the previous post for administrative reasons. The resignation will be treated as technical resignation if these conditions are met, even if the Government servant has not mentioned the word "Technical" while submitting his resignation. The benefit of past service, if otherwise admissible under rules, may be given in such cases. Resignation in other cases including where competent authority has not allowed the Government servant to forward the application through proper channel will not be treated as a technical resignation and benefit of past service will not be admissible. Also, no question of benefit of a resignation being treated as a technical resignation arises in case of it being from a post held on ad hoc basis.

2.1.2 This benefit is also admissible to Government servants who have applied before joining the Government service and on that account the application was not routed through proper channel. The benefit of past service is allowed in such cases subject to the fulfillment of the following conditions:

(i) the Government servant should intimate the details of such application
immediately on their joining;
(ii) the Government servant at the time of resignation should specifically make a request, indicating that he is resigning to take up another appointment under the Government for which he applied before joining the Government service;
(iii) the authority accepting the resignation should satisfy itself that had the employee been in service on the date of application for the post mentioned by the employee, his application would have been forwarded through proper channel. (DOPT' s 0.M.No.13/24/92-Estt(Pay-1) dated 22.01.1993)

2.7 Applicability of Pension Scheme In cases where Government servants, who had originally joined government service prior to 01.01.2004, apply for posts in the same or other Departments and on selection they are asked to tender technical resignation, the past services are counted towards pension if the new post is in a pensionable establishment in terms of Rule 26(2) of CCS(Pension) Rules 1972. They will thus continue to be covered under the CCS(Pension) Rules, 1972 even if they join the new post after 1.1.2004.
(Department of Pension & Pensioners Welfare's O.M.No.28/2004-P&PW(B) dated 26.07.2005)

2.8 New Pension Scheme
In case of 'Technical Resignation' of Government servant covere uner National
Pension System (NPS), the balance standing to their Personal Retirement
Account (PRA) along-with their PRAN will be carried forward to the new office.

2.9 Transfer of Service Book from parent Department to present Department.
As per SR- 198, the Service Book is to be maintained for a Government servant from
the date of his/her first appointment to Government service and it must be kept in the custody of the Head of
Office in which he is serving and transferred with him from office to office.

2.10 Need for Medical examination.
In cases where a person has already been examined by a Medical Board in respect of
his previous appointment and if standard of medical examination prescribed for the new post is the same, then he need not be required to undergo a fresh examination.

2.11 Verification of Character & Antecedents
In the case of a person who was originally employed in an office of the Central
Government, if the period intervening between date of discharge from his previous office and the date of securing a new appointment, is less than a year, it would be reference e sufficient to the if the appointing authority, before making the appointment, satisfies itself by office in which the candidate was previously employed that (a) that office that have verified his character and antecedents; and (b) his conduct while in the employ in office render him unsuitable for employment under Government. If however, more than a year has lapsed after the discharge of the person from his prev office, verification should be dated carried out in full/afresh, in accordance with 0.M.No.18011/9(s)/78-Estt(B) 2nd July,1982.

3.1 Lien
3.1.1 Lien is defined in FR 9(13). It represents the right of a Government employee to hold a regular post, whether permanent or temporary, either immediately lien or on the termination of the period of absence. The benefit of having a post/service/cadre is enjoyed by all employees who are confirmed in the post/service/cadre of entry or who have been promoted to a higher post,  declared as having completed the probation where it is prescribed. It is also available to those who have been promoted on regular basis to a higher post where no probation is prescribed under the rules, as the case may be.
3.1.2 The above right  will, however, be subject to the condition that the junior-most person in the cadre will be liable to be reverted to the lower post/service/cadre if at persons so entitled is more any time the number of p than the posts available in that cadre/service.

(DOPT' s 0.M.No.18011/1/86-Estt (D) dated 28.03.1998)

3.2 Lien on a post

A Government servant who has acquired a lien on a post retains a lien on that post retains a lien on that post:

(a) while performing the duties of that post;
(b) while in foreign service, or holding a temporary post or officiating in another
post;
(c) during joining time on transfer to another post; ; unless is he is transferred substantively to a post on lower pay, in which case  his lien  is transferred  to the
new post from the date on which he is relieved of his duties in the old post;
(d) while on leave; and
(e) while under suspension.

A Government servant on acquiring a lien on a post will cease to hold any lien
previously acquired on any other post.

3.3  Retention of lien for appointment in another central government office/ State
Government

(i)  A permanent Government servant appointed in another Central Government  Department/Office/ State Government, has to resign from his parent department  unless he   reverts to that department within a period of 2 years, or 3 years in  exceptional cases. An undertaking to abide by this condition may be taken from him  at the time of forwarding of his application to other departments/offices.

(ii)  The exceptional cases may be when the Government servant is not confirmed in the  department/office where he has joined within a period of 2 years. In such cases he may be permitted to retain the lien in the parent department/ office for one more year. While granting such permission, a fresh undertaking similar to the one indicated above may be taken from the employee.

(iii) Timely action should be taken to ensure extension/ reversion/ resignation of the employees to their parent cadres on completion of the prescribed period of 2/3 years .In cases, where employees do not respond to instructions, suitable  action should be initiated against them for violating the agreement/ undertaking given by them as per (i) and (ii) above and for termination of their lien. Adequate opportunity may, however, be given to the officer prior to such consideration.

(iv) Temporary Government servants will be required to severe connections with the Government in case of their selection for outside posts. No lien will be retained in such cases.

(DOPT 0.M.No.8/4/70-Estt(C) dated 06.03.1974)

3.4 Termination of Lien

 

3.4.1 A Government servant's lien on a post may in no circumstances be terminated evenwith his consent if the result will be to leave him without a lien upon a permanent post.Unless his lien is transferred, a Government servant holding substantively a permanent post retains lien on that post. It will not be correct to deny a Government servant lien to a post he was holding substantively on the plea that he had not requested for retention of lien while submitting his Technical Resignation, or to relieve such a Government servant with a condition on that no lien will be retained.

 

3.4.2 A Government employee's lien on a post shall stand terminated on his acquiring a lien on a permanent post (whether under the Central Government or a State Government) outside the cadre on which he is borne.

 

3.4.3 No lien shall be retained:

a. where a Government servant has proceeded on immediate absorption basis to a post or service outside his service/ cadre/ post in the Government from the date of absorption; and

 

b. on foreign service/ deputation beyond the maximum limit admissible under the orders of the Government issued from time to time.

(Notification No.28020/1/96-Estt(C) dated 09.02.1998)

 

3.5 Transfer of Lien

 

The lien of a Government servant, who is not performing the duties of the post to

which the lien pertains, can be transferred to another post in the same cadre subject to the provisions of Fundamental Rule 15.

 

(Notification No.28020/1/96-Estt(C) dated 09.02.1998)

 

3.6 Joining Time, Joining Time Pay & Travelling Allowance

 

Provisions relating to joining time are as follows:

 

3.6.1 For appointment to posts under the Central Government on results of a competition and/or interview open to Government servants and others, Central Government employees and permanent/ provisionally permanent State Government employees will be entitled to joining time under the CCS(Joining Time) Rules,1979. Joining time will be included as qualifying service in the new job.

 

3.6.2 A Government servant on joining time shall be regarded as on duty during that period and shall be entitled to be paid joining time pay equal to the pay which was drawn before relinquishment of charge in the old post. He will also be entitled to Dearness Allowance, if any, appropriate to the joining time pay. In addition, he can also draw compensatory allowances like House Rent Allowance as applicable to the old station from which he w as transferred. He shall not be allowed Conveyance Allowance or permanent Travelling Allowance.

 

3.6.3 For appointments to posts under the Central Government on the basis of results of a competition and /or interview open to Government servants and others , Central

employees and permanent/ provisionally permanent State Government employees shall been titled to Transfer Travelling Allowance (TTA). However, temporary Central Government employees with less than 3 years of regular continuous service would not be entitled for TTA, as they are not entitled joining time pay under Joining Time Rules.

 

4. All Ministries/ Departments are requested to bring the instructions/ guidelines to the notice of all concerned.

 

(Mukesh Chaturvedi)

Director (Estt.)

Telefax: 23093176

 

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/28020_1_2010-Estt.C-17082016B.pdf

Setting up of Anomaly Committee of settle the Anomalies arising out of the implementation of the Seventh Pay Commissions recommendations

No.11/2/2016-JCA
Government of India
Ministry of Personnel, Public Grievances and pensions
Department of Personnel & Training
JCA Section

*************

North Block, New Delhi
Dated the 16th August, 2016

OFFICE MEMORANDUM

Subject: Setting up of Anomaly Committee to settle the Anomalies arising out of the implementation of the Seventh Pay Commission's recommendations.

The undersigned is directed to say that it has been decided that Anomaly Committees should be set up, consisting of representatives of the Officials Side and the Staff Side to settle the anomalies arising out of the implementation of the 7th Pay Commission's recommendations, subject to the following conditions, namely:

(1) Definition of Anomaly

Anomaly will include the following cases:

(a) where the Official Side and the Staff Side are of the opinion that any
recommendation is in contravention of the principle or the policy enunciated by the Seventh Central Pay Commission itself without the Commission assigning any
reason; and

(b) where the maximum of the Level in the Pay Matrix corresponding to the applicable Grade Pay in the Pay Band under the pre-revised structure, as notified vide CCS (RP) Rules 2016, is less than the amount an employee is entitled to be fixed at, as per the formula for fixation of pay contained in the said Rules".

(2) Composition:

There will be two levels of Anomaly Committees, National and Departmental, consisting of representatives of the Official Side and the Staff Side of the National Council and the Departmental Council respectively.

(3) The Departmental Anomaly Committee may be chaired by the Additional Secretary (Admn.) or the Joint Secretary (Admn.), if there is no post of Additional Secretary (Admn.). Financial Adviser of the Ministry / Department shall be one of the Member of the Departmental Anomaly Committee.

(4) The National Anomaly Committee will deal with anomalies common to two or more Departments and in respect of common categories of employees. The Departmental Anomaly Committee will deal with anomalies pertaining exclusively to the Department concerned and having no repercussions on the employees of another Ministry / Department in the opinion of the Financial Adviser.

(5) The Anomaly Committee shall receive anomalies through Secretary, Staff Side of respective Council upto six months from the date of its constitution and it will finally dispose of all the anomalies within a period of one year from the date of its  constitution. Any recommendations of the Anomaly Committee to resolve the anomaly shall be subject to the approval of the Government.

(6) Cases where there is a dispute about the definition of "anomaly" and those where there is a disagreement between the Staff Side and the Official Side on the anomaly will be referred to and "Arbitrator" to be appointed out of a panel of names proposed by the two sides. However, this arbitration will not be a part of the JCM Scheme.

(7) The Arbitrator so appointed shall consider the disputed cases arising in the Anomaly Committees at the National as well as Department level.

(8) Orders regarding appointment of the Arbitrator and constitution of Anomaly Committee at National Level will be issued separately.

All Ministries / Departments are accordingly requested to take urgent action to set up the Anomaly Committees for settlement of anomalies arising out of implementation of the 7th Pay Commission's recommendations, as stipulated above.

(G. Srinivasan)
Deputy Secretary (JCA)

DoPT order

7th Pay Commission: Plight of the pensioners

7th Pay Commission: Plight of the pensioners

The present Modi government has not been very considerate in the welfare of central government employees. During 10 years, two pay commissions have been formed and their recommendations have been accepted with minor modifications.

The last pay commission formed in 2006 had recommended a 20 per cent hike in salaries and pensions which the government doubled while implementing it in 2008. In conformity with the pay scale, the pay and allowances of the president, Vice President and Governor's have also been increased in the same proportion.

As any old pensioner, can feel that the formulators of the 7th Pay Commission have not been so considerate with the pensioners. Instead of recommending 24 per cent percent increase, the 7th pay commission copied the recommendation of the sixth pay commission.

This is: a 20 percent increase in case of pensioners 80 years of age and above, 30 percent increase in case of pensioners 85 years of age and above, 40 percent increase in case of pensioners 90 years of age and above, 50 percent increase in case of pensioners 95 years of age and above and 100 percent increase in case of pensioners 100 years of age and above.

While life expectancy of an Indian is around 66.21 years, how do they get pension on the age of 80 years and above.

Introduction of a Health Insurance Scheme for Central Government employees and pensioners was recommended by the 7th pay commission but the government was not accept it till date.

The 7th pay commission also recommended, for the benefit of pensioners residing outside the CGHS areas, CGHS should empanel those hospitals which are already empanelled under CS (MA)/ECHS for catering to the medical requirement of these pensioners on a cashless basis but the government did not took the decision in this regard.

The 7th pay commission didn’t enhance Medical Allowance Rs 500 per month and the government referred this case to Finance Secretary committee of allowances to study and to give the suggestion.

The pensioners are a spent-up force and are not in a position to exert any influence. Therefore, it is their hope that the Finance Minister Arun Jaitley will take a rational view on the plight of the senior citizens and increase the pensioners’ above benefits.

TST

Logo Support and Permission for Health Camps for Diabetes Awareness, Prevention and Wellness Program

File No. 32/3/2016-Welfare
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

Lok Nayak Bhawan, Khan Market
Dated 17th August, 2016

To
Shri D.S.Rawat,
Secretary General,
ASSOCHAM Corporate Office,
5, Sardar Patel Marg, Chanakyapuri,
New Delhi-110021.

Subject: Logo Support and Permission for Health Camps for Diabetes Awareness, Prevention and Wellness Program - reg.

Sir,
Please refer to your letter No. AFSCR/Diabetic/01 dated 01.06.2016 and subsequent letter No. AFSCR/Diabetic/02 dated 08.07.2016 on the above mentioned subject. Competent Authoriy has approved to organize Health Camps for Diabetes Awareness, Prevention and Wellness Program alongwith the medical camps at selected Samaj Sadans of Grih Kalyan Kendra (GKK) and Central Government Residents Welfare Associations (CGERWA) in Delhi and NCR.

2. The GKK and CGERWAs will be advised to provide the venues for organising the medical/yoga camps free of cost. The medical/yoga camps will be organized at the selected Samaj Sadans of GKK on Saturdays only depending upon the availability and with the prior approval from Secretary, GKK. The list of the selected GKKs is attached (Annexure-I). The expenditure on account of providing infrastructure viz. tents, furniture, medical equipment, yoga mats etc. will be borne by the ASSOCHAM.

3. The official logo support in the form of use of the National Emblem will be provided by DoPT which the ASSOCHAM may utilize only in the banners for venues of Samaj Sadans of GKK which is under the administration control of DoPT. However, it will not be feasible to provide the official logo support at the venues of CGERWA where DoPT will not be involved directly in organising the camps.

4. The venues for organizing medical camps/yoga camps at the premises of CGERW A may be selected in consultation with the concerned Area Welfare Officer and office bearers of the Associations (list attached-Annexure-II & III).
Encl: as above.

Yours faithfully,

(G.S. Arora)
Chief Welfare Officer (RWA)
Tel: 24624821

Source: Persmin

7th Pay Commission: Details of Posts in CCAS Cadre under CGA Organization carrying Existing Pay Band and Grade Pay Corresponding to the revised Pay Matrix Level: Controller General of Accounts OM

7th Pay Commission: Details of Posts in CCAS Cadre under CGA Organization carrying Existing Pay Band and Grade Pay Corresponding to the revised Pay Matrix Level: Controller General of Accounts OM

No.A-60015/1/2014/MF.CGA(A)/NGE/7th CPC/218

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CONTROLLER GENERAL OF ACCOUNTS

LOK NAYAK BHAWAN,
KHAN MARKET,NEW DELHI
Dated: . 10th August, 2016

OFFICE MEMORANDUM

Consequent upon Govt. of India’s decision for implementation of 7th Central Pay Commission’s Recommendations vide Resolution. dated 25th July, 2016, Min. of Finance, Deptt. of Expenditure has notified the orders for revised pay scales, fixation of pay and payment of arrears etc. Attention is drawn in this regard to Gazette Notification G.-S.R. 721(E) dated 25th July, .2016. The details of. posts in CCAS cadre carrying existing Pay Band and Grade Pay corresponding to the revised Pay, Matrix Level are as under:-

Sl. No.	Posts	Existing		Revised
		Pay Band	Grade Pay	Pay Level (Matrix)
		As per 6th CPC		(7th CPC)
1.	MTS	PB-1 (5200-20200)	1800	Level 1
2.	LDC	PB-1 (5200-20200)	1900	Level 2
3.	Accountant	PB-1 (5200-20200)	2800	Level 5
4.	Sr. Accountant	PB-2 (9300-34800)	4200	Level 6
5.	Assistant Accounts Officer	PB-2 (9300-34800)	4800	Level 8 Level 9 after completion of 4 years**
6.	Accounts Officer	PB-2 (9300-34800)	5400	Level 9
7.	Senior Accounts Officer	PB-3 (15600-39100)	5400	Level 10
8.	Stenographer Grade III	PB-1 (5200-20200)	2400	Level 4
9.	Stenographer Grade I	PB-2 (9300-34800)	4200	Level 6
10.	Private Secretary	PB-2 (9300-34800)	4600	Level 7
11.	Sr. Private Secretary	PB-2 (9300-34800)	4800	Level 8 Level 9 after completion of 4 years**
12.	Data entry Operator Grade A	PB-1 (5200-20200)	2400	Level 4
13.	Data entry Operator Grade B	PB-1 (5200-20200)	2800	Level 5
14.	Computer Operator	PB-2 (9300-34800)	4200	Level 6
15.	Staff Car Driver Ordinary	PB-1 (5200-20200)	1900	Level 2
16.	Staff Car Driver Gr.II	PB-1 (5200-20200)	2400	Level 4
17.	Staff Car Driver Gr.I	PB-1 (5200-20200)	2800	Level 5
18.	Staff Car Driver Special Gr.	PB-2 (9300-34800)	4200	Level 6

**Separate orders shall be issued in this regard.

The above description is for the guidance of offices under CGA organization inconsistencies, if any, may he brought to the notice of this office.

(G. Ramesh)
Asst. Controller of Accounts

Implementation of the recommendations of the 7th Central Pay Commission (7th CPC) - fixation of pay and payment of arrears-instructions

Implementation of the recommendations of the 7th Central Pay Commission (7th CPC) - fixation of pay and payment of arrears-instructions

F.No. 1(12)/2016/TA/376
Ministry of Finance
Department of Expenditure
Controller General of Accounts

Lok Nayak Bhawan Khan Market
New Delhi - 110511
Date: 10-08-2016.

OFFICE MEMORANDUM

Subject: Implementation of the recommendations of the Seventh Central Pay Commission (7th CPC) - fixation of pay and payment of arrears-instructions - regarding

A reference is invited to CCS (Revised Pay) Rules, 2016 notified vide GSR 721 (E) dated 25th July 2016 and O.M. No. 1-5/2016-IC dated 29th July 2016 and OM dated 01st August 2016 on the subject mentioned above, issued as a sequel to the acceptance of recommendations of 7 th Central Pay Commission. All concerned are required to follow the instructions contained in Ministry of Finance, Department of Expenditure O.M. dated 29th July 2016 and even number dated 1st August 2016 referred to above.

2. Para 8 of the aforesaid OM states that with a view to expediting the authorization and disbursement of. arrears, it has been decided that the arrear claims maybe paid without pre-check of the fixation of pay in the revised scales of pay or applicable level in Pay Matrix. Hewever, the facilities to disburSe arrears without pre-check of fixation of pay will not be available in respect of those Government servants who have relinquished service on account of dismissal, resignation, discharge, retirement etc. after the date of implementation of the Pay Commission's recommendations but before the preparation and drawal of the arrears claims, as well as in respect of those employees who had expired-prior to exercising their option for the drawal of pay in the revised scales;

3. Pr.CCAs_/CCAs/CAs are requested to issue instructions to the Pay Accounts Officers that the arrears may be paid without pre-check of the fixation of pay in the revised scales of pay er applicable level in Pay Matrix. However, they will have to exercise all necessary checks prescribed under the Central Government Accounts [Receipts & Payments) Rules, 1983 and Civil Accounts Manual. .They will also have to ensure that subscriptions/ Contributions towards GPF and New‘Pension Scheme at the prescribed rates relevant to the revised pay are deducted from the arrears payable from 1-1-2016 to 31-7-7-2016. While making payment of arrears, Income Tax due needs also be deducted and credited as procedure prescribed.

4. Instructions with regard to post check of pay fixation and payment of arrears will be issued Separately.

(Shailendra Kumar)
Deputy Controller General of Account

Source: http://cga.nic.in/writereaddata/7th%20CPC.pdf

7th CPC Anomalies – NCJA

 7th CPC Anomalies – NCJA

NCJA
National Joint Council of Action
4, State Entry Road, New Delhi — 110055

No.NJC/2016/7th CPC

August 12, 2016

To
All Constituents of NJCA 

Dear Comrades,

We have been receiving communication from various organizations as also from individual employees after the promulgation of the notification by the Government on 7th CPC recommendations. Most of these communications had been to express the anxiety and in some cases anger too over the delay in setting up the high level committee, assured by the Group of Minister to review the minimum wage and multiplication factor.

We have been pursuing the said issue on a day to day basis and we are fully appreciative of the apprehensions expressed in many of these letters. Since the decision making in the Government is a long procrastinated matter involving various levels and departments, such delays are not uncommon. But we have been informed as to why the assurances held out have not been translated into action.

We have also noted that in the absence of the JCM functioning especially at the Departmental levels of various Ministries, the department specific anomalies and demands are not being subjected to any meaningful negotiations with the respective organizations. We have addressed the Cabinet Secretary to hold a special discussion with us on this subject immediately. Copy of our letter is enclosed.

On 12th August, 2016, we have met the Secretary Pensions to convey our strong resentment over the decision to allow the Option No. 1 given to the pensioners to be implemented subject to feasibility. We have reiterated that while we are open to discussion as to the methodology of verification of the claims of individual petitions in respect of Option No.1, we would not be able to countenance of the non implementation of the recommendation of the 7th CPC on the flimsy ground of non availability of records.

The available NJCA members met today at Delhi to review the situation in the background of the feeling conveyed to us through letters from various organizations. We have after taking note of the anxiety expressed and the ongoing discussions with various authorities over the setting up of the high level committee to wait up to the end of this month before we embark upon any action for the setting upon of the said high level committee. The employees may be apprised of this decision through the requisite campaign programme.

In the meantime, we must endeavour to support the one day strike action slated for 2nd September, 2016 for which the call has been given by the Central Trade Unions (including independent Federations) to the best of the ability of the respective organizations as the objective of the strike is the betterment of the working people in our country.

7th CPC Anomalies

All the Constituents Organizations are requested to forward the various anomalies arising out of the implementation of the 7th CPC notification / CCS (RP) Rules 2016 to the Staff Side office with brief / illustration etc. within in 15 days from today so as to enable us to study and forward the same to the Anomaly committee for settlement.

With greetings,
Yours fraternally,
(Shiva Gopal Mishra)
Convener

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