DOPT : Variance in determining notional pay (7th CPC)

DOPT : Variance in determining notional pay (7th CPC)

No.29018/02/2019.AIS-II(Pension)

Government of India,

Ministry of Personnel, P.G. and Pensions

Department of Personnel and Training

AIS-II(Pension)

To,
All Chief Secretaries to the States

Subject: Revision of Pension of pre-2016 pensioners after implementation of seventh Central Pay Commission’s recommendations- anomaly in determining notional pay.

Sir,

I am directed to refer to various communications from State Governments on the above subject and to state that the matter raised in various representations of the pensioners seeking revision of their pension after implementation of 7th CPC recommendations, has been examined in this Department in consultation with Department of Pensions and Pensioner’s Welfare.

2. The basis for the re-fixation of the pension of pre-2016 pensioners are DoPT OM No.14021/4/2016-AIS-Il dated 19th May, 2017 {mutatis-mutandis based on DoP&PW OM dated 38/37/2018-P&PW(A) dated 12th May,2017} and the Concordance Tables issued by DoP&PW vide OM dated 38/37/2018-P&PW(A) dated 6th July,2017.

3. Prior to re-fixation of the pension of pre-2016 pensioners/family pensioners etc., following instructions/pension may be followed:-

(a) Para 4 of the OM dated 12th May, 2017 provides inter alia that the “revised pension/family pension w.e.f 01.01.2016 in respect of all Central Civil pensioners retired prior to 01.01.2016, may be revised by notionally fixing their pay in pay matrix recommended by the 7thCPC in the level corresponding to the pay in the pay scale/pay band and grade pay at which they retired. This will be done by notional pay fixation under each intervening Pay Commission based on the Formula for revision of pay. While fixing pay on notional basis, the pay fixation formulas approved by the Government and other relevant instructions on the subject in force at the relevant time shall be strictly followed. Further, para 7 of the OM provides inter alia that in case of those Government servants who retired or died on or after 01.01.1986 but before 1.1.2016, the actual pay and the pay scale from which they retired or died would be taken into consideration for the purpose of calculation of the notional pay as on 01.01.2016 in accordance with para 4 above.

(b) Accordingly, the pay of pre-2016 pensioners was notionally fixed in relevant cell of pay matrix of 7th CPC as per the formula of pay fixation approved by the Government. The pay of the serving IAS officers (including of Selection Grade officers) is also fixed in relevant cell of Pay Matrix of 7th CPC as per the formula of pay revision from 6th CPC to 7th CPC as approved by the Government. Also, the pay of serving officers who had been promoted on 1.1.2016 in JAG or Selection Grade is first fixed in the relevant cell of Pay Matrix of 7th CPC as per the formula of pay revision approved by the Government. Thereafter, they had to be promoted in next scale and their pay fixed in that level as per IAS Pay Rules 2016, granting them two increment in the promotion level.

(c) The pay of only those officers who were promoted on or after 1.1.2016 is to be fixed in 3rd cell of level-13. The pay of the officers who were already in selection grade i.e. level-13 as on 1.1.2016 is fixed as per the formula of pay revision from 6th to 7th Central Pay Commission(CPC). The notional pay of the officers who had retired before 01.01.2016 has to be similarly fixed. Therefore, the contention of any pensioner that his/her notional pay cannot be in any case less than the lowest level at which the pay of a serving officer of the Selection Grade of IAS can be fixed, is not tenable. Their pay is to be notionally arrived at by the formula of pay revision from 6th CPC to 7th CPC at par with other serving IAS officers.

4. Pension of pre-2016 pensioners/family pensioner may be revised w.e.f 1.1.2016 in accordance with the instructions contained in D/o P&PW OM dated 12.5.2017.

5. Accordingly, the representations of pre-2016 pensioners may be examined by the State Government and the concerned pensioner(s) may be informed.

6. This issues is with the approval of the competent authority.

(Sandeep Kumar Sinha)

Under Secretary to the Government of India

Tele 2309-4714

Government lays down specific timeline for completing enquiry against officers and members of All India Services

Govt lays down specific 'timeline' for completing enquiry against officers and members of All India Services

Government has laid down specific timeline for completing enquiry against officers and members of All India Services (AIS) within a given deadline, in a time-bound manner. Giving details about the DoPT (Department of Personnel & Training) decision, Union Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said that the AIS (D&A) Rules, 1969 have been amended to provide specific timelines at different stages of the enquiry, with a view to complete the disciplinary proceedings against the members of All India Services in a time-bound manner.

As per the amended rules, a time limit of six months has been fixed for completion of departmental enquiry and submission of report. In case it is not possible to complete the enquiry within six months for justifiable reasons to be recorded in writing, additional time limit not exceeding six months at one time can be granted by the Disciplinary Authority, thereby ensuring accountability for completion of enquiry. Further, 30 days’ timeline has been fixed for the delinquent officers to give his representation to the charge-sheet which can be extended to not more than 30 days by the Disciplinary Authority and, in any case, no extension will be provided beyond 90 days. Similarly, a period of 15 days has been provided to send a representation on the advice of UPSC regarding the penalty to be imposed on the delinquent officer and for such representation also, no extension will be provided beyond 45 days.

Dr Jitendra Singh said, this amendment in the All India Service Rules has been brought, in keeping with the spirit of the Union Government led by the Prime Minister Shri Narendra Modi, to bring in more accountability and time-bound completion of every exercise in the course of governance. The new amendment in the Rules, he said, will certainly strengthen the culture of working within deadlines and timelines without showing any slackness.

Meanwhile, Chairperson, Uttar Pradesh State Social Welfare Board (UPSSWB), Dr (Ms) Rupal Agarwal today called on Dr Jitendra Singh and provided her assessment about the performance of the various functionaries in the Board. She also brought to the notice of the Minister acts of omission or commission by certain officials. Dr Jitendra Singh took a note of the different issues raised by Dr Rupal Agarwal. He said, the Central Government accords high priority to programmes relating to upliftment of women, children and poor sections of the society. He also assured her that the issues raised by her will be brought to the notice of the concerned quarters.

Court orders against Government of India instructions on service matters - consultation with Ministry of Law and Department of Personnel and Training on question of filing appeals

F. No. 28027/1/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi - 110001
Dated: December 9, 2016

OFFICE MEMORANDUM

Subject: Court orders against Government of India instructions on service matters - consultation with Ministry of Law and Department of Personnel and Training on question of filing appeals.

The undersigned is directed to refer to this Department's O.M. of even number dated 16.03.2016 (copy enclosed) on the above mentioned subject and to say that the Department of Personnel and Training is the nodal Department that formulates policies on service matters and issues instructions in this regard from time to time. Vide para 4 of the O.M. dated 16.03.2016, it was explained how action on different decisions/orders of the Courts/CAT has to be taken after consulting Department of Legal Affairs and DOP&T.

2. In this regard, it is pertinent to point out here that the Parliament committee on the Welfare of SCs and STs in its report has observed that the above instructions are not being followed stringently by the Ministries/ Departments. The Ministries/Departments are independently fighting out service related cases to the detriment of employees particularly those belonging to the reserved categories. The Committee, therefore, desired that this Department reiterate the standing instructions.

3. In view of the above, all the Ministries/ Departments are once again requested to scrupulously follow the instructions contained in this Department's OM dated 16.03.2016 while taking action on the decisions/orders of the Courts/CAT.

4. Hindi version will follow.

(Mukesh Chaturvedi)
Director (E)
Tel: 23093176

To
Secretaries of all Ministries/ Departments
Click to see the DOPT order

Filling up one post of Regional Director, Southern Region in Staff Selection Commission

No. 4/2/2016-CS-I(D)
Govt. of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)

Khan Market, Lok Nayak Bhavan,
New Delhi, dated 11th March, 2016.

OFFICE MEMORANDUM

Subject: Filling up one post of Regional Director, Southern Region in Staff Selection Commission.

The undersigned is directed to say that Shri A. Murgaiyan, OS, CSS, Regional Director, SSC has completed his prescribed tenure in SSC under RTP and he will be transferred on selection of his substitute.

2. It is requested that DS/Dir./JS (in-situ) of CSS willing to be considered to the above said post may submit their application in the attached format latest by 28th March, 2016 through proper channel.

3. While forwarding the application, the vigilance status of the officer concerned may also be intimated. It should also be ensured that the data in respect of officer applying for the post is complete in all respects in the web based cadre management system at cscms.nic.in.

4. Substitute in place of selected officer will be provided after his/her relieving.

(Biswajit Banerjee)
Under Secretary to the Government of India
T elefax: 24629413

To
All Ministries/Departments of Govt. of India
Copy for information to:

Staff Selection Commission (Ms. Monika Rai, Under Secretary), Block No.12, CGO Complex, Lodhi Road, New Delhi-110003 w.r.t. their letter No. C-31014/1/2015-Estt.-1 dated 02.03.2016.

PROFORMA

1	Name CSL No.
2	Designation
3	Date of Birth
4	Present Ministry/Department
5	Personal Contact Number
6. Experience (including deputation details):
S.No.	Grade	Ministry/Department	Period	Subject dealt (in brief)
(a)	AssistantiPA
(b)	Section Officer
(c)	Under Secy.
(d)	Dy. Secy.
(e)	Director
(f)	JS(in-situ)

7. Reasons for seeking posting to Staff Selection Commission, Southern Region:


8. Data in respect of the undersigned in the web based cadre management system is complete in all respects.
Date: …………… .

(Signature of the applicant)

DOPT Circular

DoPT to hold Stress Management Programme for officers

DoPT to hold Stress Management Programme for officers

Ministry of Personnel, Public Grievances & Pensions

March 16, 2015

The Department of Personnel & Training (DoPT) will hold a two-day Programme on Stress Management for officers of DoPT and the Cabinet Secretariat here next week. Officers of the level of Deputy Secretaries / Director and above can register for the Stress Management Programme to be conducted by the Vivekananda Yoga Anusandhan Sansthan at the Civil Services Officers’ Institute (CSOI), Vinay Marg on March 28-29, 2015.

PIB

Guidelines for Public Information Officers/First Appellate Authorities for supply of information and disposal of first appeal respectively

Guidelines for Public Information Officers/First Appellate Authorities for supply of information and disposal of first appeal respectively - reiteration of : DoP&T Order

F.No. 1/32/2013-IR

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

 North Block, New Delhi

Dated: the 17th February, 2015

OFFICE MEMORANDUM

Subject: Guidelines for Public Information Officers/First Appellate Authorities for supply of information and disposal of first appeal respectively - reiteration of 

Section 26 of the RTI Act requires the Government to compile a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in the Act. Further, it requires the Government to update the guide at regular intervals. Accordingly a Guide on the Act was published online on 28.11.2013 to help all the stake-holders viz. information seekers in getting information, public information officers in dealing with the RTI applications, first appellate authorities in taking cogent decisions on appeals and the public authorities in implementing various provisions of the Act in right earnest.

2. The Public information Officers/First Appellate Authorities should keep in mind the salient features of the guidelines in supply of information to the information seeker and disposal of first appeal respectively, so that information seekers may not resort to filing of second appeals before the information Commissions. The relevant salient features of the guidelines are reiterated below for consideration of the Public information Officers and First Appellate Authorities:

Supply of Information by the Public Information Officer

1) The answering Public Information Officer should check whether the information sought or a part thereof is exempt from disclosure under Section 8 or Section 9 of the Act. Request in respect of the part of the application which is so exempt may be rejected and rest of the information should be provided immediately or after receipt of additional fees, as the case may be.

2) Where a request for information is rejected, the Public Information Officer should communicate to the person making the request-

(i) the reasons for such rejection;

(ii) the period within which an appeal against such rejection may be preferred; and

(iii) the particulars of the authority to whom an appeal can be made.

3) If additional fee is required to be paid by the applicant as provided in the Fee and Cost Rules, the Public Information Officer should inform the applicant:

(i) the details of further fees required to be paid;

(ii) the calculations made to arrive at the amount of fees asked for:

(iii) the fact that the applicant has a right to make appeal about the amount of fees so demanded;

(iv) the particulars of the authority to whom such an appeal can be made; and

(v) the time limit within which the appeal can be made.

4) Though there is no hard and fast rule as to when exactly intimation about additional fees is to be given to the applicant, such intimation should be given soon after receipt of RTI application.

Disposal of Appeal by the First Appellate Authority

1) While disposing off first appeals, the first Appellate Authorities should act in a fair and judicious manner. it is very important that the order passed by the first appellate authority should be a detailed and speaking order, giving justification for the decision arrived at.

2) If an appellate authority while deciding on appeal comes to a conclusion that the appellant should be supplied information in addition to what has been supplied by the Public Information Officer, he may either (i) pass an order directing the Public Information Officer to give such information to the appellant: or (ii) he himself may give information to the appellant. In the first case the appellate authority should ensure that the information ordered by him to be supplied is supplied to the appellant immediately. It would, however, be better if the appellate authority chooses the second course of action and he himself furnishes the information alongwith the order passed by him in the matter.

sd/-

(Sandeep Jain)

Director

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/GuidelinesforPIOsAAs.pdf]

Regularization of Casual Labour with Temporary Status(CL-TS)-Proposals from Ministries/Departments

Regularization of Casual Labour with Temporary Status(CL-TS)-Proposals from Ministries/ Departments on -regarding

F.No.49014/3/2014- Estt(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block
Dated 16th October, 2014

OFFICE MEMORANDUM

Subject: Regularization of Casual Labour with Temporary Status(CL-TS)-Proposals from Ministries/Departments on -regarding.

The undersigned is directed to say that Casual Labourers (Grant of Temporary Status & Regularisation), Scheme of Government of India, 1993, circulated vide DOPT OM No. 51016/2/90-Estt(C) dated 10.09.1993, stipulated conditions for grant of temporary status and regularization of services to the persons recruited on daily wage basis in the Central Government Offices as on 10.09.1993. It was held in the Mohan Pal Case SLP (Civil) No. 2224/2000 that the Scheme of 1-9-93 is not an ongoing Scheme and the temporary status can be conferred on the casual labourers under that Scheme only if they were 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). The Scheme inter-alia provided for regularization of CL-TS against Group `D’ posts.

2. Following the acceptance of the recommendation of the 6th CPC, all Group D posts have been upgraded to Group C posts. Recruitment to erstwhile Group `D’ posts placed in Group ‘C’, PB-1, 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 cannot 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.

3. This Department vide O.M No. 49011/31/2008-Estt(C) dated 17th February,2009 had requested all Ministries/ Department to provide information relating to CL-TS on their rolls. Information relating to 231 CL-TS was received from 29 Ministries/Departments which were processed. Since then this Department has been receiving proposals piece-meal from different

4. Department of Expenditure have now advised this Department that in order to avoid piece- meal examination of such proposals, a consolidated proposal for regularization of all such remaining CL-TS who were on the rolls of the Ministries/Departments on 10.09.1993 and yet could not be regularized may be forwarded to them for further consideration/examination. Therefore, all Ministries/Departments are requested to review the position at their establishments and send a consolidated proposals for regularization of services of such remaining CL-TS on their rolls (including attached/subordinate and autonomous bodies), if any, latest by 30.11.2014 to this Department in the enclosed format. It may be ensured that complete information in respect of the Ministry/Department and its Attached/Subordinate Offices is sent. The information may also be sent by e-mail(in MS Word) at dse@nic.in.

(J.A.Vaidyanathan)
Director(Estt.)
Telefax: 23093179

Source/View/Download: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/49014_3_2014-Estt.C-16102014.pdf

Civil Services Preliminary Examination, 2014: Instructions from DoPT

Civil Services Preliminary Examination, 2014: Instructions from DoPT

     INSTRUCTIONS FROM THE DEPARTMENT OF PERSONNEL & TRAINING (DoPT); CIVIL SERVICES (PRELIMINARY) EXAMINATION. 2014

Candidates taking Civil Services (Preliminary) Examination, 2014, being conducted by the Union Public Service Commission on 24 August, 2014 may note the following:-

1. The Paper II of the CSE (Preliminary) is of 200 marks and 2 hours duration. It contains a section on English Language Comprehension Skills (Class X Level). It contains some questions based on a few paragraphs in English.

2. The Union Government has decided that for the Civil Services (Preliminary) Examination, 2014 to be held on 24th August, this section on English Language Comprehension Skills (Class X Level) will not count for gradation or merit.

3. The Paper-II would contain a section on English Language Comprehension Skills (Class X Level). Candidates must therefore note that they do not have to answer the questions on this English Language Comprehension Skills (Class X Level) section. These questions will not be evaluated.


4. However, the duration of the Paper II would remain 2 hours and candidates can utilize the entire time in answering all questions except those in the Section containing English Language Comprehension Skills (Class X Level).

5. The maximum marks for Paper II would be “200 minus the marks earmarked for the English Language Comprehension Skills (Class X Level)”.

6. Candidates must note that the section on English Language Comprehension Skills (Class X Level) would not count towards gradation or merit. Even if they attempt it, marks will not be counted for gradation or merit.

Source: www.persmin.nic.in
[http://persmin.gov.in/AIS1/Docs/InstructionsCSE2014.pdf]