INGA and CPAO are requested to revisit the rosters made for presence of staff in the office
It has to be ensured that 50 percent of officers (below the level
of Dy. Secretary) and 50 percent of staff attend office on every
alternate day.
F. No. A-65061(55)/9/2020-Admin-CGA-Part(1)/ 101
Government of India
Department of Expenditure
Office of Controller General of Accounts ‘
Room No. 203, 2nd Floor, Mahalekha Niyantrak Bhawan
Block-E, G.P.O. Complex, I.N.A., New Delhi-110023
Dated: 05.06.2020
OFFICE MEMORANDUM
Reference is invited to the Guidelines issued by MIIA to prevent Covid-19 dated 15.04.2020, guideline issued by office of CGA dated 17.04.2020. guideline issued by Dopt dated 19.03.2020 and also the guidelines vide DoP’T OM No.11013/9/2014-Estt.A. III dated 18.05.2020.
All the verticals of O/o CGA. PFMS (Headquarters and State Directorates), INGA and CPAO are requested to revisit the rosters made for presence of staff in the office. It has to be ensured that 50 percent of officers (below the level of Dy. Secretary) and 50 percent of staff attend office on every alternate day. Leave may be sanctioned to those staff members who may not be in position to attend office during this period
Further Extension of timelines for recording of PAR for the year 2019-20 in respect of AIS officers – DoPT
Latest DoPT Orders 2020
F.No. 11059/01/2014-AIS-III
Government of India
Ministry of Personnel, PG and Pensions
Department of Personnel & Training
North Block, New Delhi
Dated 09th June, 2020
To,
The Chief Secretaries of States / UTs
Subject: Further Extension of timelines for recording of PAR for the year 2019-20 in respect of AIS officers - reg.
Sir /Madam,
I am directed to refer to the relevant provisions for recording of
PAR under the AIS(PAR)Rules, 2007 as amended, including also the
provisions regarding the reporting / reviewing / accepting authorities
to record PAR not after one month of their retirement and also to this
Department’s letters of even number dated 27.03.2020 and 30.03.2020.
2. In view of the pandemic caused by the spread of COVID 19
and the consequent nation-wide Lockdown extended from time to time, AIS
officers are involved in various activities relating to management and
control of the pandemic, continuance of essential services and
maintenance of law and order etc. Further, most of the government
offices, except those involved in essential services and law and order,
are working with skeletal staff strength. In the light of exigent
situation, the timelines for online generation of PAR, and submission of
self-appraisal, recording of comments by reporting/ reviewing /
accepting authorities and also retired/retiring government officers were
extended vide this Department’s letters of even number dated 27.03.2020
and 30.03.2020.
3 In view of the continuance of the restrictions imposed due to
spread of COVID 19, it would still be practically difficult for the AIS
officers to either submit their self -appraisal or to record the PAR for
the year 2019-2020 as reporting / reviewing / accepting authority
within extended timelines. To overcome this, it has now been decided
with the approval of competent authority, to further revise the existing
cut-off dates prescribed for self-appraisal, reporting, reviewing and
acceptance of PAR in respect of AIS officers for the year 2019-20, in
relaxation of Rule 4 A (1), Rule 5(1) read with Schedule 2 of the AIS
(PAR) Rules, 2007 as amended, so as to give sufficient time to each authority, as indicated below:-
4. It has also been decided with the approval of Competent Authority,
that irrespective of their date of retirement, the reporting/
reviewing/ accepting authorities, retiring from 29.02.2020 to 31.10.2020
shall be allowed to record PAR for the year 2019-2020 beyond the extant
time line of one month after their retirement and as per the revised
timeline mentioned in para 3 above, in relaxation of Rule 7A of AIS
(PAR) Rules, 2007 as amended.
5. Further, it may cause a burden on healthcare system as well as
risk to AIS officers to get medical examination done for submitting
mandatory summary of Medical Report along with self-appraisal.
Therefore, with the approval of competent authority, it has also been
decided to delink the submission of summary of medical report from
recording and completion of APAR for the year 2019-2020 in respect of
AIS officers. Also, it has been decided to extend the timeline for
conduct of Annual Medical Examination and thereafter submitting the
summary of Medical Report for the PAR year 2019-2020 for a further
period up to 31.12.2020.
6. Notwithstanding anything contained herein, no remarks may be recorded after 31st December,2020 in the PAR of AIS officers for the PAR year 2019-2020, in accordance with the 2nd proviso of the AIS (PAR) Rules, 2007 as amended.
Counting of the limitation period for the diverse purposes under CCS (CCA) Rules, 1965, CCS (Pension) Rules, 1972
Latest DoPT Orders 2020
F.No.11013/9/2014-Estt.A. III
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi
Dated the 5th June, 2020
OFFICE MEMORANDUM
Subject: Counting of the limitation period for the diverse purposes under CCS (CCA) Rules, 1965, CCS (Pension) Rules, 1972
The undersigned is directed to refer to OM of even number dated 30th
March, 2020 whereby, considering the unprecedented situation of lockdown
w.e.f. 24th March, 2020, the period of lockdown was decided to be
excluded from the time-limits prescribed in various Rules/instructions.
While in the initial periods of lockdown, the Government offices were
directed to work either with skeletal staff or with 1/3rd of its
strength, DoPT’s extant instructions provide for attendance of 100%
officers of the level of DS & above and 50% below DS on all working
days. Ministry of Home Affairs vide its Order dated 30th May, 2020 has
also issued instructions for phase-wise reopening of prohibited
activities outside the containment zone. In view of this, it has now
been decided that the exclusion of lockdown period w.e.f. 24th March,
2020 shall cease to have further effect with the issue of this O.M.
Therefore, after exclusion of lockdown period, action as per time-lines
provided under various Rules/ instructions may be completed within the
period as explained in paras 2 & 3 of O.M. dated 30th March, 2020
referred above.
(Umesh Kumar Bhatia)
Deputy Secretary to the Govt. of India
The undersigned is directed to refer to Central Civil Services
(Classification, Control & Appeal) Rules, 1965 [CCS(CCA) Rules,
1965] and Central Civil Services (Pension) Rules, 1972 [CCS(Pension)
Rules, 1972] and the instructions issued under these Rules wherein
certain timelines have been prescribed for various activities/ events/ procedures relating to procedures under the said Rules, For instance, in the said
Rules/instructions, time limits have been prescribed for the following:
Review of order of Suspension before its expiry date [Rule 10(6) of CCS(CCA) Rules, 1965]
Submission
of written statement of defence on the charge-sheet by the charged
officer ISub Rule 4 in Rule 14 of CCS (CCA) Rules, 1965]
issuance
of charge-sheet once a decision is taken by the Disciplinary Authority
to initiate Disciplinary proceedings.{DopTs 0. M. No.
425/04/2012-AVDIV(A) dated 29.11.2012],
completion of Inquiry and submission of report by the Inquiring Authority [Sub rule (24) in Rule 14 of CCS (CCA) Rules, 1965]
disciplinary
proceedings initiated against a Pensioner shall not be in respect of an
event which took place four years before such initiation,{Rule 9 of
CCS(Pension) Rules, 1972]
Acceptance of notice of VRS under Rule 48Aof CCS(Pension) Rules, 1972
(The list is only illustrative and not exhaustive)
2. Consequent upon the outbreak of COVID-19,
and considering the unprecedented situation of the Lockdown w.e.f. 24th
March 2020, it may not be feasible to adhere to the timelines
prescribed in the said Rules and to the instructions issued under the
Rules. It has accordingly been decided not to count the period of the
Lockdown for the purposes of adherence to the prescribed timelines,
including those listed above. For example, if the due date for
completing a process/work/event at the start of the Lockdown falls after
20 days, then the due date will get postponed by the number of Lockdown
days and the same number (20) of days will be available to complete the
work after the Lockdown is lifted.
3. However, after the Lockdown is lifted, if the time left to
complete the task is less than 15 days) then the processes may be
allowed to be completed within 15 days.
4. In addition, timelines may have been prescribed for receipt of
applications for direct recruitment, deputation, etc. Where the last
date of receipt of application for direct recruitment, deputation etc.
falls within the period of the Lockdown, the last date shall be extended
by the number of days of the Lockdown. Similarly, the time limits
prescribed in the CCS (Conduct) Rules, 1964, for various purposes shall
also be extended by the number of days of the Lockdown.
5. These instructions are applicable only in such cases where there
is an intervening Lockdown period and it will not be applicable
otherwise.
7th CPC revised conveyance allowance rates for Railway Medical Officers
Government of India/ Bharat Sarkar
Ministry of Railways / Rail Mantralaya
(Railway Board)
PC-VII No. 155
RBE No. 43
No. F(E)I/2016/AL-7/1
New Delhi, dated 9.06.2020
The General Managers,
All Indian Railways etc.,
(As per Standard Mailing List).
Sub: Recommendation of 7th Central Pay Commission – Grant of Conveyance Allowance at the revised rates to Railway Medical Officers.
Consequent to the recommendations of the 7th Central Pay Commission,
the Ministry or Health & Family Welfare, vide their O.M.
No.A-45012/04/2017-CHS-V (Pt.) dated 9th April, 2019 (copy enclosed),
have decided in consultation with Ministry of Finance that revised rates
of Conveyance Allowance admissible to Central Health Service Doctors
working under the Central Health Service may be granted as per the rates
mentioned in the DOE’s OM No. 1903903/2017-E.IV dated 19th July, 2017
(circulated vide Board’s letter No. F(E)/2017/AL-4/3 dated 10.08.2017).
MoH&FW’s O.M. dated 9th April, 2019 shall apply mutatis-mutandis to Railway Medical Officers also.
Also check: Grant of annual increment due on 1st July to the employees retiring on 30th June of the year
2. These orders are issued in supersession of all earlier orders including Board’s letter of even number dated 29.08.2018.
7th CPC Notional Pay of Havildar granted Hony. Naib Subedar fixed in Level-6 for Pension purpose only.
Latest Central Government Employees News Today
Government of India
Ministry of Defence (Finance)
O/o THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD- 211014
Circular No. 634
Dated: 01.06.2020
To,
The OI/C Records
PAO/ORs
Subject: Implementation of the Government decision on the
recommendation of the Seventh Central Pay Commission – in respect of
Service Pension to the Havildar granted Honorary Rank of Naib Subedar
retiring on or after 01.01.2016.
Reference: Circular No. 584 dated 07.09.2017.
Reference is invited towards this office Circular No. 584 dated
07.09.2017. In this circular orders and procedure of pensionary award of
7th CPC were circulated with LPCs & its filling instructions. But
the Circular is silent in respect of service pension of Havildar granted
Hony Rank of Naib Subedar. A clarification was sought for regarding
applicability of MoD letter dated 12.06.2009 for post 2016 retirees. It
has now been clarified by the competent authority that ibid MoD letter
is also applicable to post-2016 retirees Havildar granted Honorary rank
of Naib Subedar.
2. Now, it has been decided that in all such cases the field SI No.
93 (Field name-Average Pay) of LPC-Cum Data Sheet of Circular No. 584 dt
07.09.2017 is invariably to be filled with Notional Pay of Havildar
granted Hony. Naib Subedar fixed in Level-6 for Pension purpose only.
3. All other terms and condition shall be applied as per various
paras of this govt. order as well as the existing provisions on the
issue.
4 This circular is applicable in respect of service pension to the
Havildar granted Honorary Rank of Naib Subedar retiring on or after
01.01.2016.
5. This circular has been uploaded on this office website www.pcdapension.nic.in.
Change of Nomenclature of posts- Assistant to Assistant Section Officer, Upper Division Clerk to Sr. Assistant and Lower Division Clerk to Jr. Assistant in CAT: DoPT Notification
Latest Central Government Employees News
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (Department of Personnel and Training)
NOTIFICATION
New Delhi, the 5th June, 2020
G.S.R. 350(E).- In exercise of the powers conferred by sub-section
(2) of section 13 read with clause (b) of section 36 of the
Administrative Tribunals Act, 1985 (13 of 1985), the Central Government
hereby makes the following rules to amend the Central Administrative
Tribunal (Salaries, allowances and conditions of service of the officers
and employees) Rules, 2017, namely:-
1. Short title and commencement.- (1) These rules
may be called the Central Administrative Tribunal (Salaries, allowances
and conditions of service of the officers and employees) Amendment
Rules, 2020.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Administrative Tribunal (Salaries,
allowances and conditions of service of the officers and employees)
Rules, 2017, in the Schedule, -
in column (2), against serial number 15, for the words “Assistant”, the words “Assistant Section Officer” Shall be substituted;
in
column (2), against serial number 26, for the words “Upper Division
Clerk”, the words “Senior Assistant” shall be substituted;
in
column (2), against serial number 29, for the words “Lower Division
Clerk”, the words “Junior Assistant” shall be substituted.
Note.- The principal rules were published in the
Gazette of India, Extraordinary Part II, Section 3, Sub-section (1) vide
notification number G.S.R. 1020(E), dated the 17™ August, 2017
F.No.11013/9/2014-Estt. A.III
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi
Dated the 5th June, 2020
OFFICE MEMORANDUM
Subject: Preventive measures to be taken to contain the spread of Novel Coronavirus (COVID-19) – Attendance regarding.
The undersigned is directed to refer to OM of even number dated the
17th March, 2020, 18th May, 2020 and 19th May, 2020 whereby advisory for
well-being of Government employees and attendance in Government offices
with staggered timings were issued by Department of Personnel &
Training (DoPT).
2. Kind attention is also drawn to Ministry of Home Affairs’ Order
dated 30.05.2020 whereby ‘Additional Directives for Work Places’ have
been prescribed. Further, the Ministry of Health & Family Welfare
(MoH&FW) on 4th June, 2020 has issued Standard Operating Procedure
on preventive measures to contain spread of COVID-19 in workplace settings (copy enclosed).
3. It is emphasized that strict adherence to the practices of social
distancing norms and health & hygiene practices, as enunciated in
these guidelines, is of paramount importance and the Government servants
as responsible employees should abide by these practices so that the
Government offices function in the most efficient manner in the given
situation. All the Ministries / Departments/offices as well as the
Central Government employees are, therefore, directed to ensure strict
compliance of instructions issued by DoPT as well as MHA and MoH&FW.
(Umesh Kumar Bhatra)
Deputy Secretary to the Govt. of India
4th June, 2020
Government of IndiaMinistry of Health & Family Welfare
SOP on preventive measures to contain spread of COVID-19 in offices
1. Background
Offices and other workplaces are relatively close settings, with
shared spaces like work stations, corridors, elevators & stairs,
parking places, cafeteria, meeting rooms and conference halls etc. and
COVID-19 infection can spread relatively fast among officials, staffs
and visitors.
There is a need to prevent spread of infection and to respond in a
timely and effective manner in case suspect case of COVID-19 is detected
in these settings, so as to limit the spread of infection.
2. Scope
This document outlines the preventive and response measures to be
observed to contain the spread of COVID-19 in office settings. The
document is divided into the following sub-sections
(i) Generic preventive measures to be followed at all times
(ii) Measures specific to offices
(iii) Measures to be taken on occurrence of case(s)
(iv) Disinfection procedures to be implemented in case of occurrence of suspect / confirmed case.
Offices in containment zones shall remain closed except for medical
& essential sevices. Only those outside containment zones will be
allowed to open up.
3. Generic preventive measures
Persons above 65 years of age, persons with comorbidities, pregnant
women are advised to stay at home, except for essential and health
purposes. Office management to facilitate the process.
The generic preventive measures include simple public health measures
that are to be followed to reduce the risk of infection with COVID-19.
These measures need to be observed by all (employees and visitors) at
all times. These include:
i. Individuals must maintain a minimum distance of 6 feet in public places as far as feasible.
ii. Use of face covers/masks to be mandatory.
iii.
Practice frequent hand washing with soap (for at least 40-60 seconds)
even when hands are not visibly dirty. Use of alcohol-based hand
sanitizers (for at least 20 seconds) can be made wherever feasible.
iv.
Respiratory etiquettes to be strictly followed. This involves strict
practice of covering one’s mouth and nose while coughing/sneezing with a
tissue / handkerchief / flexed elbow and disposing off used tissues
properly.
v. Self-monitoring of health by all and reporting any illness at the earliest to the immediate supervisory officer.
vi. Spitting shall be strictly prohibited.
vii. Installation & use of Aarogya Setu App by employees.
4. Specific preventive measures for offices:
i. Entrance to have mandatory hand hygiene (sanitizes dispenser) and thermal screening provisions.
ii. Only asymptomatic staff/visitors shall be allowed.
iii.
Any officer and staff residing in containment zone should inform the
same to supervisory officer and not attend the office till containment
zone is denotified. Such staff should be permitted to work from home and
it will not be counted as leave period.
iv. Drivers shall maintain
social distancing and shall follow required dos and don’ts related to
COVID-19. It shall be ensured by the service providers/ officers/ staff
that drivers residing in containment zones shall not be allowed to drive
vehicles.
v. There shall be provision for disinfection of the
interior of the vehicle using 1% sodium hypochlorite solution/ spray. A
proper disinfection of steering, door handles, keys, etc. should be
taken up.
vi. Advise all employees who are at higher risk i.e. older
employees, pregnant employees and employees who have underlying medical
conditions, to take extra precautions. They should preferably not be
exposed to any front-line work requiring direct contact with the public.
Office management to facilitate work from home wherever feasible.
vii.
All officers and staff / visitors to be allowed entry only if using
face cover/masks. The face cover/mask has to be worn at all times inside
the office premises.
viii. Routine issue of visitors/ temporary
passes should be suspended and visitors with proper permission of the
officer who they want to meet, should be allowed after being properly
screened.
ix. Meetings, as far as feasible, should be done through video conferencing.
x. Posters/ standees/ AV media on preventive measures about COVID-19 to be displayed prominently.
xi. Staggering of office hours, lunch hours/coffee breaks to be done, as far as feasible.
xii. Proper crowd management in the parking lots and outside the premises – duly following social distancing norms be ensured.
xiii.
Valet parking, if available, shall be operational with operating staff
wearing face covers/ masks and gloves as appropriate. A proper
disinfection of steering, door handles, keys, etc. of vehicles should be
taken up.
xiv. Any shops, stalls, cafeteria etc., outside and within
the office premises shall follow social distancing norms at all times.
xv. Specific markings may be made with sufficient distance to manage the queue and ensure social distancing in the premises.
xvi. Preferably separate entry and exit for officers, staff and visitors shall be organised.
xvii.
Proper cleaning and frequent sanitization of the workplace,
particularly of the frequently touched surfaces must be ensured.
xviii. Ensure regular supply of hand sanitisers, soap and running water in the washrooms.
xix. Required precautions while handling supplies, inventories and goods in the office shall be ensured.
xx. Seating arrangement to be made in such a way that adequate social distancing is maintained.
xxi. Number of people in the elevators shall be restricted, duly maintaining social distancing norms.
xxii.
For air-conditioning/ventilation, the guidelines of CPWD shall be
followed which inter alia emphasises that the temperature setting of all
air conditioning devices should be in the range of 24-30°C, relative
humidity should be in the range of 40¬70%, intake of fresh air should be
as much as possible and cross ventilation should be adequate.
xxiii. Large gatherings continue to remain prohibited.
xxiv.
Effective and frequent sanitation within the premises shall be
maintained with particular focus on lavatories, drinking and hand
washing stations/areas.
xxv. Cleaning and regular disinfection (using
1% sodium hypochlorite) of frequently touched surfaces (door knobs,
elevator buttons, hand rails, benches, washroom fixtures, etc.) shall be
done in office premises and in common areas
xxvi. Proper disposal of face covers / masks / gloves left over by visitors and/or employees shall be ensured.
xxvii. In the cafeteria/canteen/dining halls:
a.Adequate crowd and queue management to be ensured to ensure social distancing norms.
b. Staff / waiters to wear mask and hand gloves and take other required precautionary measures.
c.The seating arrangement to ensure a distance of at least 1 meter between patrons as far as feasible.
d. In the kitchen, the staff to follow social distancing norms.
5. Measures to be taken on occurrence of case(s):
Despite taking the above measures, the occurrence of cases among the
employees working in the office cannot be ruled out. The following
measures will be taken in such circumstances:
i. When one or few person(s) who share a room/close office space
is/are found to be suffering from symptoms suggestive of COVID-19:
Place the ill person in a room or area where they are isolated
from others at the workplace. Provide a mask/face cover till such time
he/she is examined by a doctor.
Immediately inform the nearest medical facility (hospital/clinic) or call the state or district helpline.
A
risk assessment will be undertaken by the designated public health
authority (district RRT/treating physician) and accordingly further
advice shall be made regarding management of case, his/her contacts and
need for disinfection.
The suspect case if reporting very
mild/mild symptoms on assessment by the health authorities would be
placed under home isolation.
Suspect case, if assessed by health
authorities as moderate to severe, will be treated as per health
protocol in appropriate health facility.
The rapid response team of the concerned district shall be requisitioned and will undertake the listing of contacts.
The
necessary actions for contact tracing and disinfection of work place
will start once the report of the patient is received as positive. The
report will be expedited for this purpose.
ii. If there are large numbers of contacts from a pre-symptomatic /
asymptomatic case, there could be a possibility of a cluster emerging in
workplace setting. Due to the close environment in workplace settings
this could even be a large cluster (>15 cases). The essential
principles of risk assessment, isolation, and quarantine of contacts,
case referral and management will remain the same. However, the scale of
arrangements will be higher.
iii. Management of contacts:
The contacts will be categorised into high and low risk contacts by the District RRTas detailed in the Annexure I.
The high-risk exposure contacts shall be quarantined for 14 days.
These persons shall undergo testing as per ICMR protocol.
The low risk exposure contacts shall continue to work and closely monitor their health for next 14 days.
The flowchart for management of contact/ cases is placed at Annexure – II.
6. Closure of workplace
i. If there are one or two cases reported, the disinfection procedure
will be limited to places/areas visited by the patient in past 48 hrs.
There is no need to close the entire office building/halt work in other
areas of the office and work can be resumed after disinfection as per
laid down protocol.
ii. However, if there is a larger outbreak, the
building/block will have to be closed for 48 hours after thorough
disinfection. All the staff will work from home, till the building/block
is adequately disinfected and is declared fit for re-occupation.
7. Disinfection Procedures in Offices
Detailed guidelines on the disinfection as already issued by Ministry
of Health & Family Welfare as available on their website shall be
followed.
Annexure I
Risk profiling of contacts
Contacts are persons who have been exposed to a confirmed case
anytime between 2 days prior to onset of symptoms (in the positive case)
and the date of isolation (or maximum 14 days after the symptom onset
in the case).
High-risk contact
Touched body fluids of the patient (respiratory tract
secretions, blood, vomit, saliva, urine, faeces; e.g. being coughed on,
touching used paper tissues with a bare hand)
Had direct physical contact with the body of the patient including physical examination without PPE
Touched or cleaned the linens, clothes, or dishes of the patient.
Lives in the same household as the patient.
Anyone in close proximity (within 1 meter) of the confirmed case without precautions.
Passengers
in close proximity (within 1 meter) in a conveyance with a symptomatic
person who later tested positive for COVID-19 for more than 6 hours.
Low-risk contact
Shared the same space (worked in same room/similar) but not having a high-risk exposure to confirmed case of COVID-19.
Travelled in same environment (bus/train/flight/any mode of transit) but not having a high-risk exposure.
A person who retires on
the last working day would not be entitled for any increment falling due
on the next day and payable next day thereafter, because he would not
answer the tests in these Rules
File No.PC-VI/2018/ R-I/1 -Part(1)
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
NO. PC V1 / 2018/R-I/1 Pt.
New Delhi, dated 21.05.2020
The General Manager
All Indian Railways and Production Units
(As per standard mailing list)
Sub: Grant of annual increment due on 1st July to the employees retiring on 30th June of the year
A number of representations are being received in this office seeking
grant of one notional increment as due on 1st July in favour of
employee retiring on 30th June before drawing the same, exclusively for
the purpose of pensionary benefits.
2. As the Railways are aware, the annual increment is granted to
railway employees on completion of laid down qualifying service for the
purpose. Based on the recommendations of the Sixth Central Pay
Commission, as accepted by the Government of India, Railway Services
(Revised Pay) Rules, 2008 were notified on the lines of Central Civil
Services (Revised Pay) Rules, 2008. As per Rule 10 of above Rules, it
was stipulated that there will be a uniform date of annual increment,
viz. 1st July of every year and the employees completing 6 months and
above in the revised pay structure as on 1 of July will be eligible to
be granted the increment. There has been no change in the above rule /
extant policy so as to enable grant of increment (notional or actual) on
30th June, where it was due on the following 1st July.
3. In the various representations being received in this office,
certain Judgments in the case of Shri Ayyamperumal, an employee of
Department of Revenue are being cited. As the details of above court
matter and policy decision of concerned nodal departments were not
available in this office, the matter was referred to concerned
departments of Government of India seeking their advice / guidelines.
4. DOP&T vide their O.M dated 11.11.2019 have stated that the
Judgment passed in the case of Shri P. Ayyamperumal is in personam.
Further, the judgment pronounced by Hon’ble High Court of Madras in P.
Ayyamperumal case, as endorsed by Hon’ble Supreme Court, is based on the
decision in the case of M. Balasubramaniam, which was related to
Fundamental Rules of State Govt. However Central Government employees
are governed by Central Government Rules. Further, Hon’ble High Court of
Andhra Pradesh at Hyderabad in C. Subbarao case has inter-alia observed
that “A person who retires on the last working day would not be
entitled for any increment falling due on the next day and payable next
day thereafter, because he would not answer the tests in these Rules.” A copy of DOP&T O.M dated 11.11.2019 is enclosed herewith.
5. The Railways are therefore advised to take further necessary
action to dispose off the pending representations on the issue based on
above position and advice of DOP&T. The pending court cases may also
be defended accordingly. Further, in case any clarification / inputs
are required relating to railway Fundamental Rules and Railway Pension
Rules, Finance (Estt.) dte. may also please be consulted being the nodal
directorate on these aspects. This issues with the approval of DG/HR,
Railway Board.
DA: As above
(U. K. Tiwari)
Joint Director, Pay Commission
Railway Board
Appeal to unfreeze the DA/DR is dismissed by Delhi High Court Order
IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 3308/2020
HITESH BHARDWAJ ….. Petitioner
Through: Dr. Pradeep Sharma with Mr. Harsh,
Advs.
versus
MINISTRY OF FINANCE, UNION OF INDIA AND ANR
….. Respondent
Through: Mr. Jasmeet Singh, CGSC.
Ms. Shobhana Takiar, ASC, GNCTD.
CORAM HON’BLE MR. JUSTICE VIPIN SANGHI HON’BLE MR. JUSTICE RAJNISH BHATNAGAR
O R D E R
01.06.2020
CM APPL. 11606/2020
Exemption allowed, subject to all just exceptions.
The Court fees be paid within a week.
The application stands disposed of.
W.P.(C) 3308/2020
The present writ petition has been preferred in public interest seeking following reliefs:
a) Issue a Writ of Mandamus or any other appropriate Writ, order
or direction to the Respondents to withdraw the notification issued by
the Ministry of Finance, Government of India b) Issue a
Writ of Mandamus or any other appropriate Writ, order or direction to
the Respondents to withdraw the endorsement against the notification,
issued by the Ministry of Finance, Government of NCT of Delhi. c)
Issue a Writ of Mandamus or any other appropriate Writ, order or
direction to the Respondents to defreeze and release the enhanced
Dearness Allowance to the Central Government Servants and pensioners as
per norms. d) Issue a Writ of Mandamus or any other
appropriate Writ, order or direction to the Respondents to defreeze and
release the enhanced Dearness Allowance to the Government Servants and
pensioners of GNCTD as per norms.”
The respondent no. 1/Union of India issued an Office Memorandum dated
23.04.2020 which is the cause for the petitioner’s grievance in the
present writ petition. The said Office Memorandum reads as follows:
The petitioner is also aggrieved by the consequent order issued by
respondent no. 2/GNCTD dated 24.04.2020, whereby the GNCTD has followed
suit in terms of the Office Memorandum dated 23.04.2020 issued by
respondent no. 1. The Office Memorandum dated 23.04.2020, in effect,
conveys the decision of the Central Government that Dearness Allowance
due to the Central Government Employees and Dearness Relief due to the
Central Government Pensioners from 01.01.2020 shall not be paid. It also
states that additional installment of the Dearness Allowance and
Dearness Relief due from 01.07.2020 and 01.01.2021 shall also not be
paid. Pertinently, Dearness Allowance and Dearness Relief at the current
rates would continue to be paid. The said Office Memorandum further
states that as and when the decision to release future installment of
Dearness Allowance and Dearness Relief due from 01.07.2021 is taken by
the Government, rates of the Dearness Allowance and Dearness Relief as
effective from 01.01.2020, 01.07.2020 and 01.07.2021 will be restored
prospectively, and will be subsumed in the cumulative revised rate
effective from 01.07.2020. No arrears from the period 01.01.2020 till
30.06.2021 shall be paid.
The first submission of the petitioner is that Central Government
Employees and Central Government Pensioners have a vested right to
receive the enhanced Dearness Allowance/ Dearness Relief which has
already been declared effective from 01.01.2020. The said increase was
declared at 4%. The petitioner also claims that such employees and
pensioners also have vested right to continue to receive enhancement in
Dearness Allowance/ Dearness Relief on and from 01.07.2020 and
01.01.2021.
To examine the merit of this submission, we may refer to the All
India Services (Dearness Allowance) Rules, 1972. These statutory rules
have been framed by the Central Government after consultation with the
Government of the States concerned in exercise of powers conferred by
SubSection (1) of Section 3 of All India Services Act,1952. Rule 3 of
the said Rule is relevant and which reads as follows:
“3. Regulation of dearness allowance:
Every
member of the Service and every officer, whose initial pay is fixed in
accordance with sub-rule (5) or sub-rule (6A) of rule 4 of the Indian
Administrative Service (Pay) Rules, 1954 or sub-rule (5) of rule 4 of
the Indian Police Service (Pay) Rules, 1954 or sub-rule (6) of rule 4 of
the Indian Forest Service (Pay) Rules, 1968, shall be entitled
to draw dearness allowance at such rates, and subject to such
conditions, as may be specified by the Central Government, from time to
time, in respect of the officers of Central Civil Services, Class I.”
(emphasis supplied)
From the above Rule, it would be seen that Central Government servants shall be entitled to draw Dearness Allowance “at
such rates, and subject to such conditions, as may be specified by the
Central Government, from time to time, in respect of officers of the
Central Civil Service, ClassI”. We may notice that there is no
other statutory rule brought to our notice relating to payment of
Dearness Allowance or Dearness Relief and it appears that the said Rule
governs the payment of Dearness Allowance and Dearness Relief to
Government servants and Government Pensioners of the Union in respect of
all the classes of employees.
The above rule shows that the entitlement to draw Dearness Allowance
and Dearness Relief is determined by the Central Government. The same
may be specified by the Central Government from time to time, subject to
whatever conditions the Government may deem fit to impose.
From the above Rule, it is clear to us that, firstly, there is no
statutory rule which obliges the Central Government to continue to
enhance the Dearness Allowance or Dearness Relief at regular intervals
i.e. to revise the same upwards from time to time. Consequently, there
is no vested right in the Central Government Employees, or Central
Government Pensioners to receive higher Dearness Allowance or Dearness
Relief on regular intervals.
Pertinently, by the impugned Office
Memorandum, the Central Government has frozen – and not withdrawn, the
Dearness Allowance and Dearness Relief being paid to Central Government
Employees and Central Government Pensioners at the time of issuance of
the said Office Memorandum.
So far as the submission with regard to increase of 4% Dearness Allowance or Dearness Relief with effect from 01.01.2020
is concerned, the impugned Office Memorandum does not seek to take it
away. All that it does is to postpone its payment till after 01.07.2021.
That power, in our view, resides with the Central Government, by virtue
of Rule 3 of the All India Services (Dearness Allowance) Rule, 1972,
since the Central Government is empowered to take the decision to make
payment of Dearness Allowance / Dearness Relief, subject to such
conditions as the Central Government may specify from time to time.
The submission of learned counsel for the petitioner is that the
Central Government in the impugned Office Memorandum has referred to
COVID19 pandemic as the reason for its decision contained in the said
Office Memorandum. However, the impugned Office Memorandum has not
been issued by the competent authority under the Disaster Management
Act. We do not find merit in this submission. The provisions of the
Disaster Management Act are not the only repository of the power of the
Government to take action in the light of the pandemic. As noticed
above, the power to determine as to how much Dearness Allowance is to
be paid, i.e. at what rates, and subject to what condition, resides
with the Central Government by virtue of Rule 3 of All India Services
(Dearness Allowance) Rules, 1972. Merely because the said impugned
Office Memorandum makes reference to the COVID-19
pandemic, it does not follow that the only provision which the
respondents could have invoked are those contained in the Disaster
Management Act. The Central Government, by referring to COVID-19
pandemic in the impugned communication, has merely provided its reasons and justification for its decision contained in the said Office Memorandum.
The next submission of the learned counsel for the petitioner is that
the impugned Office Memorandum is also in violation of Article 360(4)
(a)(i) of the Constitution of India. Article 360 of the Constitution of
India contains the provision as to financial emergency, and it provides
that if the President is satisfied that a situation has arisen whereby
the financial stability of credit in India or any part of the territory
thereof is threatened, he may, by a proclamation make declaration to
that effect. The submission is that President of India has not declared
financial emergency. The further submission is that it is only during
financial emergency declared by the President, that by virtue of
Sub-Article 4(a)(i) – a provision could be made requiring reduction of
salaries and allowances of all or any class of persons serving in
connection with the affairs of the State. Since no financial emergency
has been declared, the Office Memorandum in question could not have been issued which is referable to Article 360(4)(a)(i) of the Constitution of India.
We find this submission to be completely misplaced. This is for the
reason that Article 360(4)(a)(i) deals with a situation where the
Government seeks to reduce the salary or allowance of all, or any class
of persons, serving in connection with the affairs of the State. In the
present case, the Office Memorandum does not seek to reduce either the
salaries or allowances, which includes Dearness Allowance and Dearness
Relief in respect of serving Government servants, or its pensioners. All
that it does is to freeze the payment of Dearness Allowance and
Dearness Relief at the pre-existing level, and to put in abeyance any
increase in Dearness Allowance and Dearness Relief till July, 2021. The
said freeze does not tantamount to reduction of either salary, or
allowances, of persons serving in connection with the affairs of the
State.
The further submission submission of learned counsel for the
petitioner is that the Office Memorandum could not have been issued by
mere issuance of an office order, and the same should have been either
framed as a statutory rule, or by issuing a gazette notification. We do
not find any basis for this submission. We have noticed Rule 3 of the
All India Services (Dearness Allowance) Rules, 1972. The said Rule does
not state that the Central Government can form, or communicate, its
decision with regard to entitlement to draw Dearness Allowance, subject
to conditions, only by framing another rule, or by a gazette
notification. There is no such requirement in law. Therefore, we do not
find any merits in this submission as well.
So far as the right to receive the increase of Dearness Allowance /
Dearness Relief already declared by the Government with effect from
01.01.2020 is concerned, it falls well within the domain of the Central
Government to decide as to when to disburse the said increase. There is
no obligation in law upon the Central Government to disburse the
increase in Dearness Allowance/ Dearness Relief within a time bound
manner. Rule 3 of All India Services (Dearness Allowance) Rules referred
to above, itself empowers the Central Government to lay down the
conditions subject to which Dearness Allowance may be drawn by officers of Central Government.
For the aforesaid reasons we do not find any merit in this petition and the same is, accordingly, dismissed.
Stepping up of pay of senior Assistants of CSS drawing less pay on promotion in the Section Officers Grade than their juniors
Latest central government employees news today
Stepping up of salaries of senior Assistants of CSS earning less
salary on promotion in the Section Officers Grade than their juniors
सं.-18/2/2014-CS-I (S)
भारत सरकार Government of India
कार्मिक,लोक शिकायत और पेंशन मंत्रालय /
Ministry of Personnel, P.G. and Pensions
कार्मिक एवं प्रशिक्षण विभाग /
(Department of Personnel & Training)
2nd Floor, A Wing, Lok Nayak Bhawan,
New Delhi -110003, the 01st June, 2020
Subject: Stepping up of pay of senior Assistants of CSS
drawing less pay on promotion in the Section Officers Grade than their
juniors – OM No. 18/2/2007- CS-I dated 20.05.2014 – Writ Petitions filed
in the matter -regarding.
The undersigned is directed to refer to this Department’s OM of even
number dated 01.07.2019 wherein instructions, for dealing with stepping
up of pay cases consequent to directions of Hon’ble High Court of Delhi
vide their interim orders in various Writ Petitions filed in the matter,
were issued.
2. In this connection it is reiterated that the pay of the
petitioners and similarly placed non-petitioners is to be restored only
if they submit the ‘Affidavit of Undertaking’ as directed by the Hon’ble
High Court of Delhi in the format attached with this Department’s OM
under reference.
3. As regards the manner in which the pay is to be restored, it is
clarified that the pay of the petitioners and non-petitioners, who
submit the affidavit of undertaking in the prescribed format, may be
restored notionally from the date with effect from which the stepping up
of pay was granted earlier and regularly from the date of submission of
the affidavit of undertaking as directed by Hon’ble High Court of Delhi
subject to the outcome of the Writ Petitions or orders of any competent
court in related matters.
Retention in Govt.Service beyond the age of 50 years or on completion of 30 years of service
CGDA
OFFICE OF CONTROLLER GENERAL OF DEFENCE ACCOUNTS
ULAN BATAR MARG, PALAM, DELHI CANTT. -110010
No.AN/II/2604/F R-56(j)/Q.E 03/2020
Date:01.06.2020
To
All PCsDA/PCA (Fy)/CsDA/AN-4 Section (local)
(Through CGDA website)
Subject: Retention in Govt. Service beyond the age of 50
years or on completion of 30 years of service- Sr.AOQs/ AOs/AD(OL)/
Sr.PS under FR-56(j)
In terms of Para 4, Appendix of DOP&T O.M. No. 25013/1/2013-Estt.
(A) dated 21.03.2014 (copy enclosed), in order to ensure that the
powers vested in the appropriate authority are exercised fairly and
impartially and not arbitrarily, following procedure and guidelines have
been prescribed for reviewing the cases of government employees covered
under the aforesaid rules:
(1) The cases of Govt. Servants covered by FR 56(j) or FR 56
(I) or Rule 48 (1)(b) of CCS (Pension) Rules should be reviewed six
months before they attained the age of 50/55 years or complete 30 years’
service/30 years of qualifying service, whichever occurs earlier.
(ii) Committee shall be constituted in each Ministry/ Department/
Office to which all such cases shall be referred for recommendation as
to whether the officer concerned should be retained in service or
retired from service in the public interest.
2. In this connection, please refer to HQrs Office letter No.
AN/II/02604/99 dated 13.09.1999 vide which all controllers were
requested to review all cases covered under FR 56(j) at least 6 months
in advance.
3. However, it has been observed that some of the controllers are not
adhering the time line as stipulated in the aforesaid orders. It is
found that review under FR 56(j) in respect of some SAOs/AQOs who
attaining the age of 50 years between January, 2020 to June, 2020 has
not been carried out by the controller’s office.
4. It is therefore, requested to adhere strictly the time line
mentioned in the aforesaid DOP&T orders and review all such cases at
the earliest. Reviewed cases may be forwarded to HQrs office. If
already forwarded, the same may be ignored.
Reimbursement of Briefcase allowance in the Defence Accounts Department
CGDA
Controller General of Defence Accounts
Ulan Satar Road, Palam, Delhi Cantt- 110010
No. AN/14/14114/III/ JCM/Briefcase
Dated: 29.05.2020
IMPORTANT CIRCULAR
To
All PCsDA/CsDA/PCA (Fys)
(Through Website)
Sub : Reimbursement of Briefcase allowance in the Defence Accounts Department.
Sanction of the Ministry of Defence
(Fin.) is hereby conveyed for revision of rates and entitlement for
reimbursement of briefcase allowances to the Officers and Staff of DAD
as follows. The revised rates/ entitlement will be effective from 01st
June 2020:-
Level of Officers/ Officials (Ministry)
Level of Officers/ Officials (DAD)
Level (7th CPC)
Rates (Rs.)
Secretary/ Special Secretary
CGDA
Level-17
10000/-
Addi. Secretary & equivalent
Addl. CGDA/ PCsDA/ PIFA and equivalent
Level-16/ 15
8000/-
Joint Secretary & equivalent
CsDA/ IFAs and equivalent
Level-14
6500/-
Director/ Dy. Secy./Sr. PPS & equivalent
Addl. CsDA/Jt. CsDA and equivalent
Level-13/ 12
5000/-
Under Secretary/ PPS & equivalent
DCsDA/ PPSs and equivalent
Level-11
4000/-
Desk Officer/ Section Officer & equivalent
ACsDA/ADs (OL)/Sr.AOs/AOs/ AAOs/SPSs and equivalent
Level-10-8
4000/-
Assistant Section Officer/ PA or equivalent
PS I Senior Translation Officer and equivalent Staff in the Grade pay Rs. 4600/- and above.
Level-7
3500/-
Senior Secretariat Assistant (SSA) I Steno or equivalent with made pay Rs. 4200 and above.
Sr. Auditor/ DEO-C/ Steno-I/ Junior Translation Officer in the Grade pay Rs. 4200/- and above.
Level-6
3500/-
2. The sanction is being conveyed within the existing budget and no additional allocation would be made on this account.
3. The officers/ staff entitled for Briefcase allowance can purchase
briefcase/ office bag/ ladies purses of their own choice from any
private/ public outlet. However, the reimbursement shall be restricted
to the above mentioned ceiling limits.
4. The reimbursement for briefcase allowance shall be made to the
entitled officers/ staff on joining the Department or on completion of
three years from the date of issue of earlier one.
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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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