Rule 9 Minor and Major penaltiesy of GDS Conduct and Engagement Rules for all categories of Gramin Dak Sevaks - GDS

Rule 9 Minor and Major penalties of GDS Conduct and Engagement Rules for all categories of Gramin Dak Sevaks - GDS

No.17-31/2016-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)

Dak Bhawan, Sansad Marg,
New Delhi - 110001
Dated: 23.04.2019

Office Memorandum

Subject : Implementation of approved recommendations of Kamlesh Chandra Committee on disciplinary aspects specified in Rule 9 (Minor and Major penalties of GDS (Conduct and Engagement) Rules for all categories of Gramin Dak Sevaks (GDS).

The undersigned is directed to refer to letter No. 17-391212012 GDS dated 14th January, 2015 regarding Minor and Major penalties specified in Rule 9 of GDS (Conduct and Engagement Rules, 2011)

After taking into consideration the approved recommendation of Kamlesh Chandra Committee on disciplinary aspects (Minor and Major Penalties) of Gramin Dak Sevaks and in supersession of all previous orders regarding minor and major penalties of Gramin Dak Sevaks, the Competent Authority has approved the following substitution in the Minor and Major penalties in Rule-9 of GDS Conduct and Engagement; Rules, 2011 for all categories of Gramin Dak Sevaks (GDS) :-

“9. Nature of Penalties

“The following penalties may, for good and sufficient reasons and as hereinafter provided, to be imposed by the Recruiting Authority namely :-

Minor Penalties

(i) Censure;
(ii) Debarring of a Sevak from appearing in the recruitment examination for the post of Multi Tasking Staff and /or Postman and / or Mail
Guard and/or from being considered for recruitment as Postal Assistant / Sorting Assistant for a period not exceeding three years;
(iii) Debarring of a Sevak from being considered for recruitment to Multi Tasking Staff on the basis of selection-cum-seniority for a period not exceeding three years;
(iv) Recovery from Time Related Continuity Allowance (TRCA) of the whole or part of any pecuniary loss caused to the Government by negligence or breach of orders;
(v) Withholding of annual increase in Time Related Continuity Allowance (TRCA) without cumulative effect for a period not exceeding three years;

Minor Penalties

(vi) Reduction to a lower stage in the TRCA slab for a specified period exceeding three years (not in nature of permanent measure) with further directions as to whether or not the Sevak will earn annual increase during the period of reduction and whether on expiry of such period, the reduction will or will not have the effect of postponing the future increases of his / her Time Related Continuity Allowance (TRCA).
(vii) Compulsory Discharge from engagement with monetary benefits (i.e. SDBS etc.) and GDS Gratuity proportionate to engagement period rendered by GDS, as per conditions laid down in DG Posts’ O.M. No L7-31.12016-GDS dated 27th June, 2018.
(viii) Removal from engagement which shall not be a disqualification for future engagement;
(ix) Dismissal from engagement, which shall ordinarily be a disqualification for future engagement.

Note: The Penalty of recovery under Rule 9 (iv) can be imposed fully without any restriction.”

The above instructions will come into effect from the date of issue of this O.M.

Hindi version will follow.

sd/-
(SB Vyavahaie)
Assistant Director General (GDS/PCC)

GDS: Limited Transfer Facility for all categories of Gramin Dak Sevaks - Recommendation of Kamlesh Chandra Committee

GDS: Limited Transfer Facility for all categories of Gramin Dak Sevaks - Recommendation of Kamlesh Chandra Committee

No. 17-31/2016-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)

Dak Bhawan Sansad Marg,
New Delhi110001

Dated: 15.04.2019

To
The Chief Postmaster General
Kerala Circle
Thiruvananthapuram-695 033

Subject : Implementation of recommendation of Kamlesh Chandra Committee on Limited Transfer Facility for all categories of Gramin Dak Sevaks (GDS).

Kindly refer to your office letter No. ST/120/GDS Tfr/2018 dated 27.03.2019 on the above noted subject and to inform that, the GDSs transfer cases, which were received before 04.01.2019 i.e. date of issue of revised instruction on the subject may be considered for transfer of GDSs, only if they are fulfilling conditions mentioned in DG Posts’ OM dated 04.01.2019.

Copy to:-
All the Heads of Circle (except Kerala Circle):- for information and similar action.

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

NPS to OPS - Extension of old pension scheme under CCS(Pension) Rules 1972 to the employees who were selected During the year 2003 and who had joined service On or after 01-01-2004

NPS to OPS - Extension of old pension scheme under CCS(Pension) Rules 1972 to the employees who were selected During the year 2003 and who had joined service On or after 01-01-2004

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13C, Ferozshah Road, New Delhi - 110001
E-Mail : nc.jcm.np@gmail.com
No.NC-JCM-2019/Pension/NPS

April , 2019

The Secretary
Government of India
Department of Pension and Pensioners welfare
3rd Floor, Lok Nayak Bhawan.
Khan Market, New Delhi.

Sub: Extension of old pension scheme under CCS(Pension) Rules 1972 to the employees who were selected During the year 2003 and who had joined service On or after 01/01/2004.

Ref: 1) Judgment of the Hon’ble High Court of Delhi
Judgment in WP (C)3834/2013 & in WP(C) 28/10/2016 dtd. 27/03/2017.
2) Min. of Home Affairs (Pay & Accounts Office)
CRPF Lt. No.PAO/CRPF/MHA/NPS/DA-9(1)/ 2018-19/797, dtd. 15th March 2019.

Sir,
You are aware that the Staff Side of National Council(JCM) is representing in various forums to withdraw the National Pension System and to restore the old Pension Scheme under CCS(Pension) Rules 1972, to the Defence Civilian Employees recruited on or after 01/01/2004, since the NPS is determental to the employees as there is no defined guarantee for Pension during the old age. This was one of the important demand, for which the NJCA has served Strike notice on the Govt. For observing In-definite Strike. However due to the assurance given by the Group of Ministers, the proposed In-Definite Strike was deferred.

Sir, at present based on the Judgment of the Hon’ble High Court of Delhi in the above referred cases, the Ministry of Home Affairs have decided to extend the benefits of the old pension scheme under CCS(Pension) Rules 1972, to the Para-Military forces who were selected during the year 2003, but joined service on or after 01/01/2004. In this regard your kind attention is drawn to the letter of Ministry of Home Affairs, dtd. 15th March 2019 referred at (2) above (copy enclosed for ready reference). The Ministry of Home Affairs have decided to transfer the NPS contribution of the concerned employees to the GPF Scheme and also to bring the employees who were selected during 2003 on the basis of notification issued during 2002/2003 and joined service on or after 2004, under the coverage of CCS(Pension) Rules 1972.

A large number of Central Govt. Employees in various Departments Like Railways, Defence, Postal and other Departments are similarly placed. These employees were selected for appointment during the year 2003, based on the employment notification issued during 2002/2003 however due to delay in receiving the Attestation Forms(Police Verification Report), Medical fitness etc., they were forced to join service on or after 01/01/2004. Due to no mistake of theirs’ they were brought under the coverage of NPS, thereby denying them the benefit of GPF and Defined Guaranteed Pension under the CCS(Pension) Rules 1972. These employees also have now started representing for extending the benefit given to the Home Ministry Staff for them, and their demand is fully justified and is covered under the Judgment of Hon’ble High Court of Delhi.

Sir, in view of the above, it is requested that you may kindly look into the matter and arrange to issue instructions for extending the benefit given to the Para-Military forces in the Home Ministry to the similarly placed Central Govt. Employees by extending them the benefit of Old Pension Scheme under CCS(Pension) Rules 1972. A copy of your instruction may please be endorsed to this office.

Thanking you

Yours faithfully,
sd/-
(Shiva Gopal Mishra)
Secretary

Encl: 1) Copy of Ministry of Home Affairs Lt. Dtd. 15th March 2019.
2) Copy of the Judgment of High Court of Delhi, dtd. 12th Feb. 2015 and 27 March 2017.

GPF benefit to the employees who are governed under the NPS scheme recruited on or after 1-1-2004

GPF benefit to the employees who are governed under the NPS scheme recruited on or after 1-1-2004

No.NC-JCM-2019/Pension/NPS

April 23 , 2019

The Secretary
Government of India
Department of Pension and Pensioners welfare
3rd Floor, Lok Nayak Bhawan.
Khan Market, New Delhi.

Sir,
Sub : GPF for those who have been recruited on or after 1-1-2004.

Ref : Item No. 5 of the agenda point discussed in the 47th meeting of National Council (JCM) held under the Chairmanship of Cabinet Secretary on 13th April 2019.

You are aware that the Staff side of the National Council JCM is repeatedly demanding for withdrawing the NPS and re introduce the defined Guaranteed pension scheme under the CCS (Pension) Rules 1972 to the employees who have been recruited on or after 1-1-2004. However pending the same the staff side has represented for extending the benefit of GPF for those employees who have been appointed on or before 1-1-2004 and governed under NPS on an optional basis. In the 47th National Council JCM meeting held on 13-4-2019, the Staff side reiterated their demand and requested that the GPF scheme may be extended to the NPS employees who opt for the same as an additional saving benefit. The Cabinet Secretary desired that the demand of the Staff Side may be considered favorably. Your good self has also assured that the demand of the Staff side would be considered and decision taken at the earliest.

In view of the above we submit the following justification for extending the GPF benefit on optional basis to the employees who are governed under the NPS scheme.

The advantage of GPF to the employees is as follows:

(1) The interest rate for GPF accumulation is 8% as on date.
(2) Advances from GPF is permissible for the following purposes.

• Illness of self, family members or dependants.
• Education of family members or dependant of the subscriber. Education will include primary, secondary and higher education, covering all streams and educational institutions.
• Obligatory expenses, viz. betrothal, marriage, funerals or other ceremonies.
• Cost of legal proceedings
• Cost of defence
• Purchase of consumer durables
• Pilgrimage and visiting places of eminence. This will include any travel and tourism related activities.

(3) Apart from the advances as mentioned above GPF subscribers are entitled for withdrawals from GPF for the following purposes.

(i) Education : This will include primary, secondary and higher education covering all streams and institutions.
(ii) Obligatory expenses, viz. betrothal, marriage, funerals, or other ceremonies of self or family members and dependants.
(iii) Illness of self, family members or dependants.
(iv) Purchase of consumer durables.
(v) Housing including building or acquiring a suitable house or a ready built flat for his residence.
(vi) Repayment of outstanding housing loan.
(vii) Purchase of house site for building a house.
(viii) Constructing a house on a site acquired.
(ix) Reconstructing or making additions on a house already acquired.
(x) Renovating, additions or alterations of ancestral house.
(xi) Purchase of motor car/ motor cycle/ scooter etc. or repayment of loan already taken for the purpose.
(xii) Extensive repairs / overhauling of motor car.
(xiii) Making deposit to book a motor car / motor cycle / scooter, moped, etc

Apart from the above tax deduction under section 80C is also available. Annual statements will be issued on the 1st of April every year.

From the above it is amply clear that the GPF is more advantages to the employees than the Tier-II scheme of NPS. Therefore as stated by the staff side in the National Council JCM meeting held on 13-4-2019 it is once again reiterated that the GPF scheme may be extended to the willing NPS employees who opt for the same. Necessary orders in this regard may please be issued at the earliest.

A copy of your instructions may please be endorsed to this Office.

Thanking you

Yours faithfully,
(Shiva Gopal Mishra)
Secretary