Classification of Cities for HRA as per 7th CPC - X Y Z Classification of Cities for HRA 2020
No. 2/4/2018-E.II(B)
Government of India
Ministry of Finance
Department of Expenditure
Dated, the 25 February, 2020
North Block, New Delhi
OFFICE MEMORANDUM
Subject:- Re-classification of Mathura-Vrindavan Municipal Corporation as 'Y' class city for the purpose of grant of House Rent Allowance (HRA) - regarding.
The undersigned is directed to invite. attention to this Ministry’s O.M. No.2/5/2014-E.II(B) dated 21.07.2015 regarding re-classification /upgradation of cities on the basis of the population figures of 2011 census for the purpose of House Rent Allowance to the Central Government employees and to say that consequent upon combining of Municipal Council of Mathura and Municipal Council of Vrindavan and constitution of Mathura - Vrindavan Municipal Corporation vide Notification No.1799/9-7-17-8(Seema Vistar)/ 2016 dated 12.05.2017 of the Government of Uttar Pradesh, resulted in increase In population and hence, Mathura- Vrindavan Municipal Corporation qualifies for classification as ‘Y’ class city/ town for the purpose of grant of House Rent Allowance to the Central Government employees.
2. It has been decided that Mathura-Vrindavan Municipal Corporation shall stand classified as ‘Y’ class city/town for the purpose of grant of House Rent Allowance to the Central Government employees posted there,
3. These orders shall be effective from 1st March, 2020.
4. The orders will apply to all civilian employees of the Central Government. The orders will also be applicable to the civilian employees paid from the Defence Services Estimates. In respect of Armed Forces personnel and Railway employees, separate orders will be issued by the Ministry of Defence and the Ministry of Railways, respectively.
5. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued after consultation with the Comptroller & Auditor General of India, as mandated under Article 148(5) of the Constitution.
(Nirmala Dev)
Deputy Secretary to the Government of India
T-16017/3/2020-iGOT
Govt. of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
(Training Division)
Old JNU Campus, New Delhi
Dated: 25.02.2020
OFFICE MEMORANDUM
Subject: Updation of list of Cadre Controlling Authorities of Central Services / Cadres (Group ‘A’, ‘B’ and ‘C’) and Training Institutes under the administrative control of Central Govt. - regarding.
DoPT has launched Integrated Government Online Training Programme (iGOT) to augment the existing training mechanism with online module-based training coupled with certification with an objective to make training inputs available to all Government officials on site and on flexi time basis.
2. In this connection, details of Cadre Controlling Authorities of all Central Services/ Cadres (Group ‘A’, ‘B’ & ‘C’) and Training Institutes under the administrative control of Central Govt. are being updated.
3. In view of the above, all the Ministries / Departments / Training Institutes of Govt. of India are requested to provide the information as per the Annexure-I and Annexure-II, whichever applicable.
4. All Ministries / Departments/ Training Institutes of Govt. of India are also requested to nominate an officer of the level of Under Secretary as nodal officer for the purpose of iGOT and provide his/her contact details as per Annexure-III.
5. If a Ministry / Department is not Cadre Controlling Authority of any Service / Cadre and / or does not have any Training Institute under its administrative control, a reply to this effect may also kindly be furnished.
6. The requisite information may be provided to Training Division, DoPT on priority basis and not later than 06.03.2020. The information may also be sent through e-mail at e-mail id : soigot-dopt@gov.in.
(Manoj Gupta )
Under Secretary to the Govt. of India
To,
Secretaries of All the Ministries / Departments of
the Govt. of India and Heads of Training Institutes under
the Govt. of India as per list enclosed.
Source: DoPT
Retired on 30th June is eligible for Increment Benefit with an annual interest rate of 6 per cent - Madhya Pradesh High Court Order - Notional Increment on retirement
The High Court Of Madhya Pradesh
WP-18030-2019
RAJENDRA PRASAD TIWARI
Vs
THE STATE OF MADHYA PRADESH
Jabalpur, Dated : 03-12-2019
Shri Prashant Singh, learned senior counsel assisted by Shri Anshul Tiwari, learned counsel for the petitioner.
Shri Deepak Kumar Singh, learned Government Advocate for the respondents-State.
Heard.
The petitioner has filed this petition under Article 226 of the Constitution of India seeking following relief:
(i) To issue a writ in the nature of mandamus by directing the respondents to pay the annual increment fell due on 01.07.2015 to the petitioner.
(ii) To direct the respondents to pay the annual increment i.e. pay scale of 20440-5400 and arrears due from 01/07/2015 with interest of 6% per annum.
(iii) To grant any other relief, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation in favour of the petitioner.
On 30.09.2019, learned counsel for the respondents was granted time to seek instructions as to how the petitioner can be refused the benefit of grant of annual increment which is to be added on 1st of July of every year, but, no response has been filed.
The petitioner was retired from service w.e.f. 30.06.2015. The increment, which was to be granted on 1st of July, 2015 was denied to him on the ground that he retired on 30.06.2016 and was not in service on 1st of July, 2015.
Learned counsel for the petitioner has relied upon a decision of the Madras High Court in the case of P. Ayyamperumal vs. The Registrar, Central Administrative Tribunal and others-WP No.15732/2017 decided on 15.09.2017, which was later on affirmed by the Supreme Court. Considering the law laid down by the Division Bench of the Madras High Court it is clear that the petitioner cannot be denied the increment which was due on 01.07.2015 merely because he got retired on 30.06.2015, since he has completed full years of service and was eligible to get the said increment. Since the case on which the petitioner is placing reliance is squarely covered with the case of the petitioner, nothing is required to be adjudicated in this petition.
Accordingly, the petition is allowed directing respondents to extend the benefit of annual increment to the petitioner which was due on 01.07.2015 and accordingly the retiral dues of the petitioner be revised and he be also paid arrears within a period of three months from submitting certified copy of this order.
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-11 0003.
Date: 21.02.2020
OFFICE MEMORANDUM
Subject: Request for updation of the vigilance status in Web Based Cadre Management System in respect of CSSS officers – instructions for Nodal Officers – regarding.
The undersigned is directed to say that the Web Based Cadre Management System is functional since 2012. It is enabled to capture the data of all CSSS officers relating to their date of joining, address, posting, promotions, training etc.
For effective and efficient cadre management, it is necessary that the data of all officers be available on real time basis. In absence of complete data, CSCMS portal cannot be fully relied upon for processing cases related to Rotational Transfer, Promotion, Voluntary Retirement etc. It is seen that at the time of promotions, the cases gets delayed for want of updation of vigilance status of officers in the zone of consideration. Hence, it has been decided to strengthen the Vigilance Information System (VIS).
Presently, the vigilance status of the decentralized grades is available only with the cadre units and also the vigilance status of Principal Private Secretary and above level officers is shared with CS.II Division, only at the time of promotion etc.
As such, it has now been decided that vigilance status of all grades of officers will have to be updated on a quarterly basis by all the cadre units on the CSCMS portal. If any change in the vigilance status of any officer happens in the interim period, the same must be updated immediately. The process to be followed for all grades of CSSS cadres is as under :-
In the first instance, all the Cadre units will update the vigilance status of all the officers. Subsequently, the same will be reviewed by them on quarterly basis and revised. If there is a change in vigilance status within the three months’ period, the same has to be updated/ reflected on the CSCMS portal immediately.
This exercise will be completed in a phased manner. In the first phase, the vigilance status of the senior most officers as identified below may be updated :-
CSSS Cadre
Sr. No.
Grades
For officials / officers of SLY
1
Principal Private Secretary (PPS)
2011, 2012 & 2013
2
Private Secretary (PS)
2010,2011 and 2012
3
Personal Assistant (PA)
2010 to 2014
CSCS Cadre
Sr. No.
Grades
For officials / officers of SLY
1
Senior Secretariat Assistant (SSA)
SL-2003, SL-2003 (Extended) and SL-2004, SL-2005, SL-2006, SL -2007 and SL-2008
SL-2003, SL-2003(Extended)
andSL-2004, SL-2005, SL-2006, SL -2007 and SL-2008
The vigilance status of these officers may be updated on the portal on or before 29.02.2020.
In the second phase, the vigilance status of the rest of the officers may be updated. This information should be updated comH.ylsorily & immediately but not later than 15.03.2020. Subsequently, the status may be updated for all officials/officers every quarter ending March, June, September and December respectively starting from March, 2020.
A hard copy of vigilance status of Principal Private Secretary and above level as mentioned in para 5 may also be made available to AVD.I, DOPT, North Block, New Delhi with a copy to the undersigned. In this regard for reference a copy of O.M.No.21/1/2014- CS.I(U) dated 09.05.2014 explaining the procedure for updating the vigilance status in CSCMS is enclosed for necessary action of the Nodal Officers of all Ministries / Departments. The pathway is as under:-
CSCMS> Vigilance> Request for status> filling up of drop down items as per cadre unit> go> select the cadre personnel> vigilance for the purpose to be filled up>send vigilance request>intimation of status> modify> fill up the fields accordingly> update. If still the status under Ministry / Department shows as pending, then CS Division may be contacted for a solution.
Therefore, Nodal Officers of all Ministries/ Departments is requested to update the data of all CSSS officers working under them including their experience/ training details, category etc. on PRIORITY, if not done so far. The rights have been opened for Nodal Officers as well as for individual officer (to a limited extent as may be allowed to access) to update the fields in CSCMS.
A new feature has been added to upload one’s photograph in CSCMS through employee details> Documents> photograph. All officials/ officers of CSSS cadre are also requested to upload their latest photograph in the CSCMS on PRIORITY.
Ministries/ Departments/ Officers concerned.
(Through website of DOPT)
Enhancement of ceiling of Payment of Gratuity to the NVS employees from Rs.10.00 lacs to Rs.20.00 lacs
Navodaya Vidyalaya Samiti
Ministry of Human Resource Development
Government of India
(Department of School Education & Literacy)
B-15. Institutional Area. Sector-62 Noida
Gautam Budh Nagar, Uttar Pradesh -201209
Dated: 24.02.2020
NOTIFICATION
Sub:- Enhancement of ceiling of Payment of Gratuity to the employees of NVS from Rs.10.00 lacs to Rs.20.00 lacs.
It is hereby notified that the ceiling limit of Gratuity has been enhanced from Rs.10.00 lacs to Rs.20.00 lacs with effect from 29.03.2018 in respect of the employees who joined NVS prior to 01.01.2004.
It is also notified that the NVS-Payment of Gratuity Rules, 2007 hither to in operation has been scrapped. Henceforth, the Payment of Gratuity, as amended from time to time under Payment of Gratuity Act, 1972 ( amended in 2018) will be applicable for employees of NVS who joined NVS prior to 01.01.2004.
This has the approval of the Ministry as communicated vide letter No. F.No. 17-30/2018-UT-3 dated 11.02.2020.
G.S.R.132 (E).- In exercise of the powers conferred by section 6A read with sub-section (1) of section 7 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme further to amend the Employees Pension Scheme, 1995, namely:-
(2) It shall come into effect from the date of its publication in the Official Gazette.
In the Employees’ Pension Scheme, 1995, after paragraph 12, the following paragraph shall be inserted, namely:–
“12B. Restoration to normal pension in cases of grant of commutation. – The normal pension in respect of those members who availed the benefit of commutation of pension under the erstwhile paragraph 12A of this Scheme, on or before the 25th day of September, 2008, shall be restored after completion of fifteen years from the date of such commutation.”.
[F. No. R-15011/01/2019-SS-II (Pt.)]
R.K. GUPTA, Jt. Secy.
Note : The Employees’ Pension Scheme, 1995 was published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide notification number G.S.R. 748(E), dated the 16th November, 1995 and was last amended vide notification number G.S.R. 285(E), dated the 4th April, 2019.
Amendments in Arms Act, 1959 and Arms Rules, 2016 notified; Increase in number of Firearms and Ammunition allowed for Shooters
24 FEB 2020
Shooting is an important Olympic sport in India. The Indian shooters have excelled in international competitions. Keeping this in mind, the Ministry of Home Affairs, vide its notification issued under the Arms Act 1959, has made provisions to provide adequate firearms and ammunition to the shooters for their practice. The Ministry of Home Affairs vide its notifications dated 12th February, 2020 has amended the provisions of the Arms Act, 1959 and the Arms Rules, 2016 to increase the number of firearms that can be kept by the shooters and enhanced the quantity of ammunition fixed for their practice for the year. These provisions shall greatly facilitate their shooting practice.
As per the new rules, now International Medalists/Renowned Shooters are allowed to keep additional weapons up to a total of twelve under the exempted category, which earlier was seven. If a shooter is renowned in one event, he can keep maximum eight (previously it was four), if a shooter is renowned in two events he can keep maximum ten (previously it was seven) and if a shooter is renowned in more than two events, he can keep maximum twelve (previously it was seven) firearms under exempted category. The junior target shooter/ aspiring shooter are now allowed to possess two weapons (previously one) of any category in which the person is junior target shooter/aspiring shooter. This provision shall facilitate shooters in practicing with various types of firearms. Apart from the above exemptions, the shooters are entitled to possess two firearms as normal citizens under provisions of the Arms Act, 1959.
Similarly, by amending the provision under Rule 40 of the Arms Rules, 2016 the quantity of ammunition that can be purchased by the shooters during the year for the practice has also been increased considerably. As per the new provisions, for .22 LR rifle / pistol 5000 instead of 1000, for other type of Pistol/Revolver 2000 instead of 600 and for shotgun calibers 5000 instead 500 can be purchased by the shooters.
Apart from this, the Ministry of Home Affairs has also made other necessary amendments in the Arms Rules, 2016 by amending the Arms Act, 1959, vide the Arms (Amendment) Act, 2019. Through these amendments it has also been clarified that no licence is required for Indian citizens for acquisitions, possession of small arms falling under the category of curio. However, appropriate licence as prescribed would be required for use or to carry or transport such small arms. Without the endorsement of such firearms in the prescribed licence of the owner, no ammunition shall be sold for their use.
It may be noted that as per the provisions of the Arms (Amendment) Act, 2019, maximum number of firearms to be possessed by any person has been reduced from three to two. Those in possession of three firearms have been given facility to retain any two of such firearms and to deposit the remaining firearm by 13.12.2020.
6th CPC up-graded pay scales to the Fire Fighting Employees
No.Pay/Tech-I/ 01(6th CPC), Cir No - 2
Dated 12/02/2020
Tod
The All CFAs
Subject: Grant of up-graded pay scales to the Fire Fighting staff in Ministry of Defence as per 6th CPC recommendation
A copy of Government of India MoD letter No F. No.50266/6/PC/ EMECiv (C-2)178- F/D (O-II)2019, dated- 05/12/2019 on the above subject received vide CGDA No-CGDA/ Navy/CG/07/General Corr/201 9, dated-30/01 /2020, is forwarded herewith for information, guidance and compliance, please.
UIDAI - Unique Identification Authority of India Rules Employees Rules 2020
NOTIFICATION
New Delhi, the 21st January, 2020
Unique Identification Authority of India (Appointment of Officers and Employees) Rules
(No. 1 of 2020)
No. A-12013/13/RR/2016-UIDAI (No 1 of 2020). In exercise of the powers conferred by sub-section (1) of Section 21 read with sub-section (1) of section 54 and clause (x) of sub-section (2) of section 54 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016), as amended vide the Aadhaar and Other Laws (Amendment) Act, 2019 (14 of 2019), the Unique Identification Authority of India hereby makes the following regulations governing appointment of officers and other employees of the Authority, namely:‒
Preliminary Short title and commencement. (1) These regulations may be called the Unique Identification Authority of India (Appointment of Officers and Employees) Regulations, 2020.
(2) These regulations shall come into force on the date of their publication in the Official Gazette.
Definitions.- (1) In these regulations unless the context otherwise requires, ‒
(a) “Act” means the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services)Act, 2016 (18 of 2016), as amended vide the Aadhaar and Other Laws (Amendment) Act, 2019 (14 of 2019);
(b) “Appointing Authority” means Chief Executive Officer or such other officer to whom such powers and functions have been delegated by the Authority by general or special order;
(c) “Authority” means Unique Identification Authority of India established under sub-section (1) of Section 11 of the Act;
(d) “Chairperson” means the Chairperson of the Authority appointed on full-time or part-time basis under Section 12 of the Act;
(e) “Chief Executive Officer” means Chief Executive Officer of the Authority appointed under Section 18 of the Act by the Central Government;
(f) “Post” means any post in a grade whether permanent or temporary mentioned in the Schedule annexed to these regulations;
(g) “Selection Committee” means a committee constituted to consider selection for appointment, absorption, promotion and deputation of officers and other employees in any grade in accordance with the Schedule to these regulations.
(2) The words and expressions used in these regulations, but not defined, shall have the same meaning as respectively assigned to them under the Act.
(3) For the purposes of these regulations, the terms ‘he’, ‘him’, ‘his’ and ‘himself shall also refer to ‘she’, ‘her’ and ‘herself’ wherever the context warrants and singular will also include plural.
Power to implement.
(1) The power to implement these regulations vests in the Chief Executive Officer or with such officer to whom powers have been delegated by the Authority.
(2) The powers exercisable under sub-regulation (1) shall also be exercisable by any superior entity including officer higher in precedence.
(3) The Chief Executive Officer or the officer to whom such powers have been vested shall be responsible for deciding on all complaints, grievances, disputes and other similar matters arising in the course of implementation of these regulations:
Provided that any officer or employee aggrieved of the decision may institute an appeal against such decision within forty five days of the issue of order conveying the decision before :
(a) the Chief Executive Officer where such orders have been passed by an officer subordinate to him, or
(b) the Authority where such orders have been passed by the Chief Executive Officer: Provided further that the Chief Executive Officer shall not participate in the meeting of the Authority where an appeal on his decision is decided.
Constitution of Officers and Employees Cadre.
(1) The officers and employees cadre shall consist of:
(a) any person absorbed at the time of initial constitution of the cadre of the Authority under regulation 5; and
(b) any person appointed to a post under regulations 7, 8 and 9 after initial constitution of the cadre.
(2) Any person appointed under clause (a) of sub-regulation (1) of this regulation shall on such appointment be deemed to be a member of the cadre in the appropriate grade applicable to him from the date of his initial appointment with the Authority or the twelfth date of July 2016, whichever is later.
(3) The pay, on appointment in the Authority under this regulation, shall normally be fixed as per the relevant rules, regulations or instructions of the Central Government as applicable on the appointee or at the minimum of the pay in the respective level in the pay matrix. The Authority may, however, fix it at a higher point in the level keeping in view the seniority and pay already being drawn, higher academic qualifications or special experience of value to the Authority, by granting additional increments, not exceeding four in the pay matrix level fixed for the grade in which the appointment is made, on the recommendation of the Selection Committee.
Name of the Post
Number of post
Method of recruitment and percentage of the vacancies to be filled by various methods
Age for direct recruits
Educational and other qualifications required for direct recruits
Grade from which promotion/deputation is to be made
Composition of Selection Committee
1
2
3
4
5
6
7
Deputy Director General
17(2020)* Subject to variation dependent on workload
1. 33% by promotion failing which by deputation2. 33% by deputation-cum- absorption3. Remaining by deputation or on contract basis
Not applicable
Not applicable
1.
By promotion- At least four years of regular service as Assistant
Director General or Assistant Director General (Technology) with the
Authority.2. By deputation- (i) Officers from the Central
Government holding analogous posts on regular basis in the parent cadre/
department;ORWith four years of regular service in the Pay Matrix Level 13 or above. OR(ii)
Officers from State/UT Government/ Public Sector Undertaking/Autonomous
Organization holding regular post in corresponding grades with
requisite experience.(iii) Age below 56 years
1. Authority2. Outside expert, if considered necessary by the Chairman of the Committee
Assistant Director General
42(2020)* Subject to variation dependent on workload
1. 33% by promotion failing which by deputation2. 33% by deputation-cum absorption3. Remaining by deputation or on contract basis
Not applicable
Not applicable
1. By promotion– At least eight years of regular service as Deputy Director with the Authority.2. By deputation-(i) Officers from the Central Government
holding analogous posts on regular basis in the parent cadre/
department;OR With three years of regular service in the Pay Matrix
Level 12 or above. OR (ii) Officers from State/UT Government/ Public
Sector Undertaking/ Autonomous Organization holding regular post
in corresponding grades with requisite experience.(iii) Age below 56 years
1. Chief Executive Officer, UIDAI Chairman2. Two Deputy Director Generals of UIDAI– Members3. Outside expert, if considered necessary by the Chairman
of the Committee
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).
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)
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).
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.
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
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.
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
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.
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.
Official Gazette Notification - 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.
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:-
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.
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
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.
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.
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 raised
Clarifications
1
Whether 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.
2
Whether temporary status could be granted to the part-time casual employees
No
3
Will 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
4
Will 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'
5
For the purpose of assessing leave entitlement how should qualifying period be reckoned
Qualifying 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.
6
Frequency 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.
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.
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.
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Different Types of Leave available to central government staffs and a brief description of each leave.1. Earned Leave2. Half Pay Leave3. Commuted Leave4...
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