Tuesday 30 October 2018
Promotion to the Cadre of LSG in RMS
Promotion from Time Scale sorting assistants to the cadre of LSG in RMS on regular basis in the pre-revised band of Rs.5200-20200 with grade pay of Rs.2800/-
Modalities of transfer of the NPS contribution to casual labourer with temporary status to their GPF accounts
No. 49014/2/2014-Estt.(C)-Pt.I
Government of India
Ministry of Personnel. PG and Pensions
Department of Personnel & Training
Government of India
Ministry of Personnel. PG and Pensions
Department of Personnel & Training
North Block, New Delhi
Dated: 11th October, 2018
Dated: 11th October, 2018
OFFICE MEMORANDUM
Subject: Clarification on modalities of transfer of the NPS contribution to casual labourer with temporary status to their GPF accounts.
The undersigned is directed to refer to this Department’s GM No. 51016/2/90-Estt (C) dated the 10th September, 1993 vide which a scheme for grant of temporary status to the casual employees was framed. The scheme applied to those casual labourers who were in employment on the date of the issue of the OM and had rendered one year of continuous service in Central Government offices, which meant that they must have been engaged for a period of at least 240 days (206 days in the case of offices observing 5 days week). The scheme did not apply to Departments of Telecom & Posts and Ministry of Railways.
2. As per the scheme, after rendering three years’ continuous service after conferment of temporary status, the casual labourers were to be treated at par with temporary Group ‘D’ employees for the purpose of contribution to the General Provident Fund. Further, after their regularisation, 50% of the service rendered under temporary status was to be counted for the purpose of retirement benefits.
3. As per para 8 of the scheme, two out of every three vacancies in Group ‘D’ cadres in respective offices where the casual labourers had 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’ staff rendered surplus for any reason would have prior claim for absorption against existing/future vacancies.
4. Vide the O.M. No.49014/1/2004 -Estt (C) dated the 26th April, 2004, the above scheme was reviewed in the light of introduction of New Pension Scheme in respect of persons appointed to the Central Government service on or after 1.1.2004. These casual labourers with temporary status were now to be considered under the NPS and their underlying amount in GPF was credited to them.
5. The OM dated 26th April, 2004 was quashed by various benches of CAT/High Courts who had decided that the scheme could not be modified retrospectively.
6. The position was reviewed in the light of the Court judgements in consultation with the Department of Expenditure. It was then decided vide this Department’s G.M. No, 49014/2/2014- Estt(C) dated 26,012016 and O.M. No. 49014/2/2014-Estt(C) dated 28.07.2016 that the casual labourers who had been granted temporary status under the scheme. and have 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.
7. It was emphasised that the benefit of temporary status is available only to those casual labourers who were in employment on the date of the issue of the OM dated 10th September, 1993 and were otherwise eligible for it. No grant of temporary status is permissible after that date. The employees erroneously granted temporary status between 10.09.1993 and the date of Hon’ble Supreme Court judgement in Union Of India Arid Anr vs Mohan Pal. 2002 (3) SCR 613. delivered on 29th April, 2002, will however be deemed to have been covered under the scheme of 10.09.93.
8. Subsequent to the issue of this Department’s D.M. No 49014/2/2014-Estt(C) dated 26.02.2016 and G.M. No. 49014/2/2014-Estt(C) dated 28.07.2016 several Ministries/ Departments were seeking clarifications as regards to the modalities of transfer of the amount lying in the NPS account to the GPF account of these casual labourers. The matter has been examined in consultation with DAD Pensions & Pensioners’ Welfare, D/o Financial Services and Dia Expenditure.
9. D/o Pension and Pensioners’ Welfare have clarified/ stated that the employees’ share of the NPS subscription with interest should be withdrawn and deposited in the GPF accounts if these CL-TS regularized after 31.12.2003 and the Government share with interest accrued under NPS should be deposited in Government’s account.
10. Controller General of Accounts (CGA) have furnished following clarifications vide letter 1(7)(2)/2010/cla./TA/129 dt 11.03.2016 on a similar matter which are as under:
(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 heads 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 investment– may be accounted for by crediting the amount to Govt. account under Ai H.0071- Contribution towards Pensions and other Retirement Benefits 800- Other Receipts (Note under the above Head in LM MHA).
11. The principle underlying the consideration of the case of CL(TS) is that Casual labourers who were covered under the scheme of 1993 and have been regularised in terms of the above scheme were entitled to GPF and Old Pension scheme even if they were regularised after 31.12.2003.
12. Furthermore, as per D/o Expenditure/CGA, 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 and the accounting procedure will be same in this case as prescribed at par 10 above.
13. All Ministries/Departments are requested to settle the matter as explained above. If any further clarification is needed in the matter, they should approach CGA (Controller General of Accounts) directly, since CGA is the accounting agency and is competent to clarify the matter.
(N. Sriraman)
Director (Establishment)
Telefax: 23094637
Signed CopyDirector (Establishment)
Telefax: 23094637
LTC Travel entitlements post 7th CPC – DOPT Clarification
LTC Travel entitlements post 7th CPC – DOPT Clarification
No.31011/8/2017-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-IV Desk
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-IV Desk
North Block New Delhi.
Dated October 18, 2018
Dated October 18, 2018
OFFICE MEMORANDUM
Subject: Travel entitlements of Government employees for the purpose of LTC post Seventh Central Pay Commission – clarification reg.The undersigned is directed to refer to this Department’s O.M.of even no. dated 19.09.2017 on the subject noted above, which inter-alia provides that the travel entitlements of Government servants for the purpose of LTC shall be the same as TA entitlements as notified vide Ministry of Finance’s O.M. No. 19030/1/2017-E.lV dated 13.07.2017, except the air travel entitlement for Level 6 to Level 8 of the Pay Matrix, which is allowed in respect of TA only and
not for LTC.
2. It is observed that many Government employees in Level 6 to Level 8 of the Pay Matrix had inadvertently travelled by air on LTC during the intervening period from 13.07.2017 to 19.09.2017 (i.e. post issue of MoF’s O.M. dated 13.07.2017 and before the issue of DoPT’s O.M. dated 19.09.2017) under the impression that they were entitled for air travel as per the revised TA rules. This Department is in receipt of references from the Government employees and various Ministries/Departments seeking relaxation in respect of such Government employees in view of the hardships faced by them in settlement of their LTC claims.
3. The matter has been examined in this Department in consultation with Department of Expenditure. In relaxation to this Department’s O.M. of even no. dated 19.09.2017, it has been decided to allow the claims of the Government employees in Level 6 to Level 8 of the Pay Matrix, who had travelled by air as per the revised TA rules while availing LTC during 13.07.2017 to 19.09.2017. This shall be subject to the fulfillment of other conditions of air travel on LTC such as booking of air tickets through the authorised modes, fare limit of LTC80, etc.
4. Hindi version will follow.
(Surya Narayan Jha)
Under Secretary to the Government of India
Under Secretary to the Government of India
BOMBAY HIGH COURT JUDGEMENT DATED 15-10-2018 ON MACPS
3. The challenge in this petition to the judgment and order dated 16th April, 2013 made by the Central Administrative Tribunal (for short 'the CAT'), dismissing the Original Application No. 145 of 2013 instituted by the petitioner seeking benefit of Modified Assured Career Progression (MACP) with effect from 1st January, 2006 along with all other consequential benefits.
4. Mr. M. P. Joseph-the petitioner in person submits that the issue raised in the present petition is answered in favour of the petitioner by the Hon'ble Apex Court in the case of Union of India and others Vs. Balbir Singh Turn and another (2018) 11 SCC 99 and therefore the CAT's impugned judgment and order may be set aside and the relief prayed for by him in his Original Application No. 145 of 2013 be granted.
5. The learned Counsel for the respondents submit that the benefit under the MACP cannot be regarded as any part of the pay structure extended to the civilian employees and therefore the CAT was justified in denying relief to the petitioner. The learned Counsel submit that the recommendations of the pay commissions are not per-se binding upon the Government and the implementation, including the date from which such recommendations are to be implemented are matters in the discretion of the Government. Since, in the present case, implementation in respect of allowances was directed with effect from 1st September, 2008, the petitioner was not at all justified in seeking implementation with effect from 1st January, 2006. For these reasons the learned Counsel for the respondents submit that this petition may be dismissed.
6. The rival contentions now fall for our determination.
7. There is no dispute in the present case that the petitioner is eligible for receipt of benefits under the MACP. The only dispute is whether the petitioner is required to be granted the benefits under the MACP with effect from 1st January, 2006 as claimed by him in his Original Application No. 145 of 2013 or whether such benefits are due and payable to the petitioner with effect from 1st September, 2008 as contended by and on behalf of the respondents.
8. The sixth pay commission made recommendations with regard to Armed Forces Personnel. By a resolution dated 30th August, 2008, the Central Government resolved to accept such recommendations with regard to Personnel Below Officer Rank (PBOR) subject to certain modifications. Clause (i) of this resolution as relevant and the same reads as follows:-
“(i) Implementation of the revised pay structure of pay bands and grade pay, as well as pension, with effect from 1-1-2006 and revised rates of allowances (except dearness allowances/relief) with effect from 1-9-2008;”
9. As noted earlier, the only issue which arises in the present petition is whether the benefit under MACP is to be regarded as a part of the pay structure of pay bands and grade pay or whether such benefit is to be regarded as “allowances (except dearness allowance/relief)”. If the benefit under MACP is to be regarded as a part of the pay structure of pay bands and grade pay, then obviously the petitioner is right in contending that such benefit will have to be extended to him with effect from 1st January, 2006 in terms of Clause (i) of the aforesaid resolution dated 30th August, 2008. However, if, as held by the CAT in the present case, the benefit of MACP is to be regarded as “allowances (except dearness allowance/relief)”, then the respondents would be right in their contention that such benefit is payable only with effect from 1st September, 2008.
10. The aforesaid was the precise issue which arose for consideration in case of Balbir Singh Turn (supra). The Apex Court upon consideration of the Central Government Resolution dated 30th August, 2008 along with Part-A of Annexure-I thereto has clearly held that the benefit under MACP is a part of the pay structure and therefore such benefit was payable from 1st January, 2006 and not from 1st September, 2008.
11. The reasoning is contained in paragraphs 6, 7 and 8 ofMthe Apex Court ruling, which reads as follows :-
“6. The answer to this question will lie in the interpretation given to the Government Resolution, relevant portion of which has been quotedhereinabove. A bare perusal of Clause (i) of the Resolution clearly indicates that the Central Government decided to implement the revised pay structure of pay bands and grade pay, as well as pension with effect from 1-1-2006. The second part of the clause lays down that all allowances except the dearness allowance/relief will be effective from 1-9-2008. The AFT held, and in our opinion rightly so, that the benefit of MACP is part of the pay structure and will affect the grade pay of the employees and, therefore, it cannot be said that it is a part of allowances. The benefit of MACP if given to the respondents would affect their pension also.
7. We may also point out that along with this Resolution there is Annexure I. Part A of Annexure I deals with the pay structure, grade pay, pay bands, etc., and Item 10 reads as follows:
10
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Assured Career Progression Scheme for PBORs. The Commission recommends that the time bound promotion scheme in case of PBORs shall allow two financial upgradations on completion of 10 and 20 years of service as at present. The financial upgradations under the scheme shall allow benefit of pay fixation equal to one increment along with the higher grade pay. As regards the other suggestions relating to residency period for promotion of PBORs Ministry of Defence may set up an Inter-Services Committee to consider the matter after the revised scheme of running bands is implemented (Para 2.3.34)
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Three ACP upgradations after 8, 16 and 24 years of service has been approved. The upgradation will take place only in the hierarchy of grade pays, which need not necessarily be the hierarchy in that particular cadre.
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Part B of Annexure I deals with allowances, concessions and benefits and conditions of service of defence forces personnel. It is apparent that the Government itself by placing MACP in Part A of Annexure I was considering it to be the part of the pay structure.
8. The MACP Scheme was initially notified vide Special Army Instructions dated 11-10-2008. The Scheme was called the Modified Assured Career Progression Scheme for Personnel Below Officer Rank in the Indian Army. After the Resolution was passed by the Central Government on 30-8-2008 Special Army Instructions were issued on 11-10-2008 dealing with revision of pay structure. As far as ACP is concerned Para 15 of the said letter reads as follows :
“15. Assured Career Progression. In pursuance with the Government Resolution of Assured Career Progression (ACP), a directly recruited PBOR as a Sepoy, Havildar or JCO will be entitled to minimum three financial upgradations after 8, 16 and 24 years of service. At the time of each financial upgradation under ACP, the PBOR would get an additional increment and next higher grade pay in hierarchy.”
Thereafter, another letter was issued by the Adjutant General Branch on 3-8-2009. Relevant portion of which reads as follows :
“... The new ACP (3 ACP at 8, 16, 24 years of service) should be applicable w.e.f. 1-1-2006, and the old provisions (operative w.e.f. the Vth Pay Commission) would be applicable till 31-12-2005. Regular service for the purpose of ACP shall commence from the date of joining of a post in direct entry grade.”
Finally, on 30-5-2011 another letter was issued by the Ministry of Defence, relevant portion of which reads as follows:
“5. The Scheme would be operational w.e.f. 1-9-2008. In other words, financial upgradations as per the provisions of the earlier ACP scheme (of August 2003) would be granted till 31-8-2008.”
Therefore, even as per the understanding of the Army and other authorities up till the issuance of the letter dated 30-5-2011 the benefit of MACP was available from 1-1-2006.”
[emphasis supplied]
12. The CAT, when it delivered the impugned judgment andorder dated 16th April, 2013 did not have the benefit of the ruling of the Apex Court in Balbir Singh Turn(supra) which was decided only on 8th December, 2017. The view taken by the CAT in the impugned judgment and order is now in direct conflict with the view taken by the Apex Court in Balbir Singh Turn (supra). Obviously, therefore, the impugned judgment and order will have to be set aside and the petitioner will have to be held to be entitled to receive the benefits under MACP with effect from 1st January, 2006 together with all consequential benefits.
13. The contentions raised by and on behalf of the respondents cannot be accepted, particularly, in the light of the ruling of the Apex Court in Balbir Singh Turn (supra). The Apex Court, in clear terms and in the precise context of Central Government's resolution dated 30th August, 2008 held that the benefit of MACP is a part of the pay structure and not merely some allowance. The Apex Court has held that the benefit of MACP affects not only the pay but also the pension of an employee and therefore, the same, is not an allowance but part of the pay itself. In terms of Clause (i) of the Central Government's resolution, admittedly, the pay component became payable with effect from 1st January, 2006 unlike the allowance component which became payable from 1st September, 2008.
14. Besides, this is not a case where the petitioner was insisting upon preponement of the date for implementation of the recommendations of the pay commission. The Central Government, vide resolution dated 30th August, 2008 had already accepted the recommendations with regard to POBR, no doubt subject to certain modifications. The relief claimed by the petitioner was entirely consistent with Clause (i) of the resolution dated 30th August, 2008, which in fact required the Government to extend benefits of revised pay structure of pay bands and grade pay, as well as pension with effect from 1st January, 2006.
15. Accordingly, we dispose of this petition with the following order:-
O R D E R
(a) The impugned judgment and order dated 16th April, 2013 made by the CAT is hereby set aside.
(b) The petitioner is held entitled to receive the benefit of MACP with effect from 1st January, 2006 together with all consequential benefits.
(c) The respondents are directed to work out the benefits of MACP with effect from 1st January, 2006 together with consequential benefits and to pay the same to the petitioner as expeditiously as possible and in any case within a period of three months from today.
(d) If, such benefits/consequential benefits are not paid to the petitioner within three months from today, then the respondents will liable to pay interest thereon @ 6% p.a. from the date such payments became due and payable, till the date of actual payment.
(e) Rule is made absolute in the aforesaid terms. There shall however be no order as to costs.
( M. S. SONAK, J. ) ( A. S. OKA, J. )
Admissibility of SPORTS (Society for Promotion of Nature Tourism and Sports) tour package to Lakshadweep Islands on ships operated by Lakshadweep Administration on LTC
No. 31011/10/2017-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-lV Desk
North Block, New Delhi.
Dated October 11 2018
OFFICE MEMORANDUM
Subject: Admissibility of SPORTS (Society for Promotion of Nature Tourism and Sports) tour package to Lakshadweep Islands on ships operated by Lakshadweep Administration on LTC.
The undersigned is directed to say that this Department is in receipt of references seeking clarification regarding the admissibility of journey performed by ships booked through SPORTS (Society for Promotion of Nature Tourism and Sports), Lakshadweep, for the purpose of journeys performed on LTC.
2. The matter has been considered in this Department in consultation with Department of Expenditure and UT of Lakshadweep. It has been decided that the tour pacakages conducted by SPORTS to Lakshadweep Islands on the ships owned and operated by Lakshadweep Administration shall be allowed for the purpose of LTC journey subject to the following conditions:
(i) SPORTS is offering various tour packages to the tourists, fare of which is charged as per the transportation and accommodation chosen for the destination. Only transportation charges shall be reimbursable for the respective tour package.
(ii) SPORTS shall issue a certificate for transportation charges to the Government servants indicating the fare components separately and certify that the journey was actually performed by the Government servant and his family members for which he/she is claiming the Leave Travel Concession.
(iii) Fare reimbursement for the journey performed by boat/ship shall be exercised in accordance with TA entitlement of the Government servant for journey by sea or river steamer.
3. These instructions shall take effect from the date of issue of this O.M. The LTC claims already settled will not be re-opened.
4. In their application to the staff serving in the Indian Audit and Accounts Department, this order issues with the approval of Comptroller & Auditor General of India.
5. Hindi version will follow.
(Surya Narayan Jha)
Under Secretary to the Government of India
Anonymous and Pseudonymous complaints - DOPT guidelines regarding handling of complaints in Ministries/Departments
F,No.104/76/2011-AVD-I
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
New Delhi, dated the 08th October, 2018
OFFICE MEMORANDUM
Subject: Guidelines regarding handling of complaints in Ministries/Departments.
The undersigned is directed to say that instructions regarding dealing with anonymous and pseudonymous complaints were issued vide this Department's Office Memorandum of even number dated 18.10.2013 prescribing that no action is required to be taken on anonymous complaints, irrespective of the nature of the allegations and that such complaints need to be simply filed. Subsequently, the said Office Memorandum has been clarified vide Office Memorandums of even number dated 18.06.2014 and 31.03.2015. In this regard, the Central Vigilance Commission's Circular No.07/11/2014 dated 25.11.2014 may also be referred to. A copy each of the DOP&T's aforesaid Office Memorandums and CVC's Circular are enclosed herewith.
2. The instructions contained therein are reiterated and all Ministries/Departments are requested to follow the same while handling complaints received in their respective Ministry/Department.
Encl: as above.
K.C Raju
Under Secretary to the Government of India
Thursday 11 October 2018
Exemption from Transfer and Rotational Transfer – DoPT Instructions
F.No. 42011/3/2014-Estt.(Res)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
North Block, New Delhi
dated the 08th October, 2018
dated the 08th October, 2018
OFFICE MEMORANDUM
Subject: Exemption from the routine exercise of transfer/ rotational transfer.
Considering that transfer of a Government employee who serves as the main care giver of persons with disability would have a bearing on the systematic rehabilitation of persons with disabilities, the Government issued OM of even number dated June 6, 2014 to exempt such employee from routine exercise of transfer/rotational transfer, subject to administrative constraints.2. The scope of disability initially had covered (i) blindness or low vision (ii) hearing impairment (iii) locomotor disability or cerebral Palsy(iv) leprosy cured (v) mental retardation (vi) mental illness and (vii) multiple disabilities, which subsequently, vide OMs of even number dated November 17, 2014 and January 5, 2016, was further extended to include ‘Autism’, `Thalassemia’ and ‘Haemophilia’.
3. With the enactment of the Rights of Persons with Disabilities Act, 2016 on April 17, 2017, the following instructions are issued in supersession of the above-mentioned OMs of even number dated June 6, 2014, November 17, 2014 and January 5, 2016 with regard to the eligibility for seeking exemption from routine exercise of transfer/rotational transfer:
(i) A Government employee who is a care-giver of dependent daughter/son/parents/spouse/brother/sister with Specified Disability, as certified by the certifying authority as a Person with Benchmark Disability as defined under Section 2(r) of the Rights of Persons with Disabilities Act, 2016 may be exempted from the routine exercise of transfer/rotational transfer subject to the administrative constraints.
(ii) The term “Specified Disability” as defined in the Schedule to the Rights of Persons with Disabilities Act, 2016, covers (i) Locomotor disability including leprosy cured person, cerebral palsy, dwarfism, muscular dystrophy and Acid attack victims (ii) Blindness (iii) Low-vision (iv) Deaf (v) Hard of hearing (vi) Speech and language disabilities (vii) intellectual disability including specific learning disabilities and autism spectrum disorder (viii) Mental illness (ix) Disability caused due to: (a) Neurological conditions such as Multiple sclerosis and Parkinson’s disease (b) Blood disorder- Haemophilia, Thalassemia and Sickle cell-disease and (x) Multiple disabilities (more than one of the above specified disabilities) including deaf blindness and any other category of disabilities as may be notified by the Central Government.
(iii) The term ‘Specified Disability’ as defined herein is applicable as grounds only for the purpose of seeking exemption from routine transfer/ rotational transfer by a Government employee, who is a care-giver of dependent daughter/son/parents/spouse/brother/sister as stated in Para 3(i) above.
4. All the Ministries/Departments are requested to bring these instructions to the notice of all concerned under their control.
(G. Srinivasan)
Director (Res)
Tel.: 2309 3074
View The OrderDirector (Res)
Tel.: 2309 3074
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