Tuesday, 20 November 2018
Grant of notional promotion to a Government servant found fit by review DPC after retirement – Procedure and Guidelines to be followed
F.No.22011/3/2013-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
North Block, New Delhi
Dated 15th November, 2018
Dated 15th November, 2018
OFFICE MEMORANDUM
Sub : Promotion of Government servants found fit by review DPC after retirement —procedure and guidelines to be followedThe undersigned is directed to invite reference to this Department’s OM of even number dated 25.1.2016 which deals with the grant of notional promotion to a Government servant exonerated in a disciplinary proceedings after retirement. However, the cases of Government servants who are found fit by review DPC after their retirement on account of revision of seniority list of the feeder cadre, upgradation of below benchmark APARs etc. are not covered under the said OM. These cases have now been examined and it has been decided to lay down procedure as narrated in subsequent paragraphs for dealing with such cases.
2. A Government servant who is not recommended in the panel by the original / supplementary DPC but later on is recommended in the panel by a review DPC but has since retired may be given the benefit of notional promotion w.e.f. the date of promotion of his immediate junior in the reviewed panel and fixation of notional pay subject to the fulfillment of the following conditions:
(i) That the officer who is immediate junior to the retired Government servant assumed charge of the higher post on or before the date of superannuation of the retired Government servant.
(ii) That the said retired Government servant was clear from vigilance angle on the date of promotion of his immediate junior.
(iii) A retired Government servant who is considered for notional promotion from the date of promotion of his immediate junior on the recommendation of a review DPC would also be entitled to fixation of pension on the basis of such notional pay.
(iv) The notional promotion, notional pay fixation and revision of pension shall be further subject to extant rules on promotion, pay fixation and CCS (Pension) Rules, 1972. Actual increase in pension shall be given only from the date of approval of reviewed panel by the competent authority. No arrears shall be paid.
3. The provisions contained in this Office Memorandum shall become operational from the date of issue of this Office Memorandum. Past cases settled in accordance with the earlier provision shall not be reopened.4. In so far as persons serving in the Indian Audit & Accounts Department are concerned, these orders issue after consultation with the Comptroller & Auditor General of India.
5. Hindi version will follow.
(G.Jayanthi)
Joint Secretary (E.I)
Joint Secretary (E.I)
The Central working committee of NUR-C was held at Ocean Blue Resort Chomu, Jaipur from 17/11/2018 &18/11/2018, Under the Chairman ship of P.kumar working president . SG FNPO T.N.Rahate inaugurated the CWC .Shri Giriraj Garg General Secretary of Rajasthan Congress committee Rupesh kant wayas secretary of congress committee addressed CWC. N.K.Tygai General secretary placed activities report of NUR-C fro the period of November 2017 to October 2018 Accounts of NUR-C also placed by Financial secretary satya naryana .During inauguration S/shri Rabindar patnaik, Ashok singh & Gurunam sing addressed. Blaram singh made an excellent arrangements for the Central working committee members.
PJCA Circular
POSTAL JOINT COUNCIL OF ACTION
NATIONAL FEDERATION OF POSTAL EMPLOYEES
FEDERATION OF NATIONAL POSTAL ORGANIZATIONS
ALL INDIA POSTAL EMPLOYEES UNION – GDS
NATIONAL UNION – GDS
Circular No. PJCA/2/2018 Dated – 16.11.2018
Circular
A meeting of Postal J.C.A consisting of NFPE, FNPO, AIPEU GDS and NUGDS was held at NFPE office, North Avenue, New Delhi on 15-11-2018. All General Secretaries of NFPE, FNPO and GDS Unions participated in the meetings.
The meeting was presided over by Com. T. N. Rahate, Secretary General FNPO. A threadbare discussion took place on the prevalent situation in Dept. of Post. Dept. is moving ahead on the path of corporatization which will lead to privatization of services in future. IPPB is the burning example of this. After MNOP, PNOP has been brought and separate Parcel Directorate has been setup. The Minister communication is announcing to setup a separate company for PLI & RPLI.
There is acute shortage of staff in each cadre. Cadre Restructuring for left out categories is not being finalized. The result of regular membership verification conducted in 2015 has not been declared yet. The entire process of GDS membership verification was cancelled arbitrarily.
High Court & Supreme Court decisions in respect of MACP, RTP and others matters are not being implemented.
Positive recommendations of Sri Kamlesh Chandra Committee are not being implemented.
Every day new services are being introduced without developing proper infrastructure and without providing adequate manpower and training to the staff. Deptl. Council meetings and periodical meetings are also not being held since long. More and more victimization of trade union leaders has become the order of the day.
So therefore taking a serious note of all the above mentioned facts, PJCA has decided unanimously to conduct 2 days strike on 8 & 9 January – 2019 for which vigorous campaign will be launched . All leaders of NFPE & FNPO will carry on the campaign programme which will be declared shortly.
T. N. Rahate R. N. Parashar
Secretary General Secretary General
FNPO NFPE
The Charter of demands for which 2 days strike will be conducted is mentioned as under.
CHARTER OF DEMANDS
1. Implement all positive recommendation of Sri Kamlesh Chandra Committee report and grant Civil servant Status to GDS.
2. Fill up all Vacant Posts is all cadres of Deptt of Post i.e P.A/S.A, Postmen, Mail Guard , MTS, GDS, Postal Acctts, P.A Admn Offices, P.A SBCO & Civil Wing etc and separate identity of all cadres within a time frame.
3. Settle all the problems arisen out of implementation of C.S.I & R.I.C.T.
4. Withdraw NPS and Guarantee minimum pension 50% of last pay drawn.
5. Membership verification of G.D.S and declaration of result of regular employees membership verification conducted in 2015.
6. Implementation of orders of payment of revised wages and arrears to the casual , Part time, Contingent employees & daily rated mazdoors as per 6th 7th CPC and Regularize Services of casual Labourers.
7. Implement Cadre Restructuring for left out categories i.e RMS, MMS, Postman/MTS, PACO, PASBCO, Postal Acctts, Postmaster Cadre and Civil Wing etc.
8. Stop Privatization, Corporatization and out sourcing in Postal Services.
9. Very Good Bench Mark should be implemented after issue of orders i.e from 25.7.2016 .
10. Implement 5 days week in Postal and RMS
11. Consider the suggestions by RMS JCA regarding PNOP & CSI.
12. Enhancement of higher payscales to those categories whose minimum qualification has been enhanced e.g Postmen, Mail guard.
13. Grant of pension to the promoted GDS based on Supreme Court Judgement in SLP No (C) 13042/2014
14. Withdraw orders of enhancement of cash conyance limit without security.
15. Implement all High Court and Supreme Court decision in C/W MACP, RTP and others.
16. Cash less facility treatment under CGHS and allotment of adequate fund under head MR & T. A
17. Retention of Civil wing is the Deptt of Post.
18. Holding of Deptt Council Meetings and periodical meetings at all level.
19. Stop Trade Union victimization and in the name of unscientific targets.
Fixation of Pay on Promotion between 1.1.2016 and Date of Notification issue – NC JCM Staff Side Cases of promotion taking place in the pre-revised pay structure between 01.01.2006 and the date of notification of RS(RP)Rules, 2008
Fixation of Pay on Promotion between 1.1.2016 and Date of Notification issue – NC JCM Staff Side
Cases of promotion taking place in the pre-revised pay structure between 01.01.2006 and the date of notification of RS(RP)Rules, 2008
Shiva Gopal Mishra
Secretary
National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E-Mail : nc.jcm.np@gmail.com
No.NC/JCM/2018
Dated: November 6, 2018
The Secretary(Exp.),
Ministry of Finance,
Department of Expenditure,
New Delhi
Dear Sir,
Sub: Cases of promotion taking place in the pre-revised pay structure between 01.01.2006 and the date of notification of RS(RP)Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and feeder posts in a common grade – Fixation of Pay – Reg.
Ref.: MoF(Deptt. of Exp.)’s OM No.7/14/2010-E.III(A) dated 05.07.2010 and OM No.F-2-1/2015-E.III (A) dated 16.10.2015
Kindly call for my earlier letter of even number dated 18th January, 2018(copy enclosed), through which your kind attention was drawn towards MoF(Deptt. of Exp.)’s OM No.-F-2-1/2015-E.III(A) dated 16.10.2015, whereby it was decided that, in cases where promotion took place in the pre-revised pay structure during the period between 01.01.2006 and the date of notification of CCS(RP) Rule, 2008 and subsequently promotional grade merged with the feeder grade consequent upon promulgation of the CCS(RP) Rules, 2008, the benefit of pay fixation shall be allowed under Rule-13 of CCS(RP) Rules, 2008.
In this connection, it is stated that, some of the government employees, who have got promotion/financial upgradation between 01.01.2006 and date of notification of the CCS(RP) Rules, 2008, exercised their option to switch over to 6th CPC from the date of such promotion/financial upgradation, instead of 01.01.2006 as per option provided vide Deptt. of Expenditure’s OM supra dated 05.07.2010, as the same was more beneficial to them at that time. In this connection, it is pertinent to mention here that, initially they opted to switch over to revised pay structure w.e.f 01.01.2006 prior to issuance of OM dated 05.07.2010. As they were not aware with the fact that any such benefit of pay fixation under Rule-13 would be extended in future as has been provided vide Deptt of Expenditure’s OM dated 16.10.2015, then they would not have exercised their option to switch over to CCS(RP) Rules, 2008 w.e.f. from their respective dates promotion/ financial upgradation, as per the option provided vide Deptt of Expenditure’s OM dated 05.07.2010.
Further, as per instruction of Deptt. of Expenditure’s OM dated 16.10.2015, the benefit of pay fixation is being allowed under Rule-13 of CCS(RP) Rules, 2008 in those cases where promotional/financial upgradation took place in the pre-revised pay structure between 01.01.2006 and the date of notification of CCS(RP) Rule, 2008.
However, benefit of pay fixation allowed under Rule-13 of CCS(RP) Rules, 2008, as the provision of Deptt. of Expenditure’s OM dated 16.10.2015, is not being extended to those employee who have opted to switched over to the Railway Servant(RP) Rules, 2008, with effect from the date of promotional/financial upgradation instead of 01.01.2006, by exercising the option made available vide Deptt. of Expenditure’s OM dated 05.07.2010 (as mentioned in para 2 above), although fulfilling other conditions for getting the benefit of fixation as per the instructions contained in Deptt. of Expenditure’s OM dated 16.10.2015.
It has also come to our knowledge that, some of the Railways have made a reference on this issue, seeking clarification regarding extending the benefit of the above-mentioned fixation to these employees after providing opportunity for re-option to switched over to the RS(RP) 2008 (or CCS(RP)Rule, 2008) w.e.f. 01.01.2006 instead of any subsequent date opted earlier. It is also understood that, Railway Board (Ministry of Railways) has referred this clarification to the Deptt. of Expenditure(Ministry of Finance).
Earlier, in similar cases, whenever Deptt. of Expenditure’s OM brings about a material change in the basis for exercise of option to come over to revised pay structure/unforeseen developments and change of rule in terms of the CCS(Revised Pay) Rules, opportunity to revise their option to come over to revised pay structure has always been given(as it was given through Deptt. of Expenditure’s OM dated 03.11.2013).
Also, it is also is heard that, DoPT is agreed that, re-fixation of pay for merged post under Rule-13 of CCS(RP) Rules-2008, on the basis of Department of Expenditure’s OM No.-F-2-1/2015-E.III(A) dated-16.10.2015, were unforeseen developments/change of rule. This brings a material change in the basis for exercise of option to come over to the revised pay structure.
Hence, it is very clear that, Deptt. of Expenditure’s OM dated 16.10.2015, brings a material change in the basis for exercise of option to come over to revised pay structure, unforeseen developments and change of rule in terms of the Railway Services(Revised Pay) Rules, 2008. Hence, it is demanded that, opportunity to revise their option to come over to revised pay structure, under the rule of the CCS(RP) Rules, 2008, w.e.f. 01.01.2006, may be given to those employees who are covered under the said letter dated 16.10.2015, as it is more beneficial for them as now.
In view of the above, it is requested that, necessary clarifications in this regard may kindly be communicated to all the Ministries/Departments of the Government of India, so that, aggrieved staff can get an opportunity to re-exercise their option, under Rule-6 of the CCS(RP) Rule, 2008, to switch over to CCS(RP) Rules, 2008, w.e.f. 01.01.2006, and get benefit of pay fixation provided vide Deptt. of Expenditure’s OM dated 16.10.2015, so as to avoid financial loss to the affected staff.
Sincerely Yours,
sd/-
(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)
Source: http://ncjcmstaffside.com
Sunday, 4 November 2018
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