Benefit of lower qualifying marks for SC/ST candidates in departmental competitive examinations for promotion: Details

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(DEPARTMENT OF PERSONNEL & TRAINING)

LOK SABHA

STARRED QUESTION NO. 217

(TO BE ANSWERED ON 01.08.2018)

PROMOTIONAL BENEFITS TO SC/ST EMPLOYEES

*217. DR. BHAGIRATH PRASAD:

Will the PRIME MINISTER be pleased to state: 

(a) whether it is a fact that relaxation in qualifying marks/assessment standards for promotion of SC/ST employees was withdrawn by the Department of Personnel and Training (DoPT) vide Office Memorandum (OM) dated 22.07.1997 and if so, the details thereof; 

(b) whether it is also a fact that the Supreme Court, in its judgement on Civil Appeal of Rohtas Bhankhar & Ors. V/s Union of India has declared DoPT’s OM dated 22.7.1997 as illegal and if so, the details thereof;

(c) whether the Government has restored promotional benefits to all SC/ST employees who were adversely affected by the said OM; 

(d) if so, the details thereof and the action taken by the Government to restore promotional benefits to all SC/ST employees affected by that OM; and 

(e) whether the Government has decided to implement the Supreme Court judgement only in CSS SO Grade Exam, 1996 without consequential promotions, if so, the details thereof and the reasons for delay in implementation of the judgement of the Apex Court?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE

(DR. JITENDRA SINGH)

(a): Yes, Madam. Hon’ble Supreme Court in S.Vinod Kumar judgment of 1.10.1996 held that no relaxation of standards in promotion is permissible. To implement this judgment, Department of Personnel and Training issued Office Memorandum No.36012/23/96-Estt.(Res.) dated 22.07.1997 withdrawing benefit of lower qualifying marks for SC/ST candidates which were available in departmental competitive examinations for promotion. 

(b): Yes, Madam. The Hon’ble Supreme Court in Civil Appeal Nos.6046-6047 of 2004 titled Rohtas Bhankhar & Others Vs Union of India and another, dated 15.7.2014, directed as under:

 

“11. Consequently, civil appeals are allowed. The impugned order is set aside. 1997 O.M. is declared illegal. The respondents are directed to modify the results in the Section Officer/ Stenographers (Grade B/Grade-I) Limited Departmental Competitive Examination, 1996 by providing for reservation and extend all consequential reliefs to the appellants, if not granted so far…..” 

(c) to (e): Since the judgment of 15.07.2014 was specific to 1996 Section Officers/Stenographers (Grade B/Grade I) Limited Departmental Competitive Examination, it was decided to extend benefits, including consequential benefits, to all appellants and also to similarly placed SC/ST candidates, who appeared in 1996 examination. Accordingly, in July/September 2015, thirty two of those eligible officers were provisionally interpolated with reference to their immediate junior officers in Under Secretary Select Lists for the years 2006 and 2007 and were also allowed admissible pay benefits as per rules. However, their promotion to Deputy Secretary grade, which was held up due to various court cases on reservation in promotion matter, is now under process.

*****

Source: PDF/WORD(Hindi) PDF/WORD

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LTC: Relaxation to visit NER, J&K and A&N Islands - Govt is considering to extend the facility beyond 25th Sep, 2018

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

LOK SABHA

UNSTARRED QUESTION NO: 2395

ANSWERED ON: 01.08.2018

LTC to Employees

KUNWAR HARIBANSH SINGH

SUDHEER GUPTA

T. RADHAKRISHNAN

GAJANAN CHANDRAKANT KIRTIKAR

VIJAY KUMAR S.R.

S. RAJENDRAN

BIDYUT BARAN MAHATO

Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether the Government servants may avail LTC to visit any place in Jammu and Kashmir, North-East Region and Andaman and Nicobar Islands against the conversion of their one home town LTC; 

(b) if so, the period for which the said facility will be available; 

(c) whether the Government proposes to extend the said facilities after expiry of the completion of said period to boost tourism in such States; 

(d) if so, the details thereof and if not, the reasons for the same; and 

(e) the steps taken/being taken by the Government to expand such facilities to their employees in other States?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE

(DR. JITENDRA SINGH)

(a) & (b) : Yes Madam. All eligible Central Government employees can avail LTC to visit any place in Jammu and Kashmir, North-East Region and Andaman and Nicobar Islands against the conversion of their one home town LTC. The currency period of the said scheme is up to 25th September, 2018.

(c) to (e) : The proposal to extend the present scheme of Home Town LTC conversion to visit any place in Jammu and Kashmir, North-East Region and Andaman and Nicobar Islands is under active consideration of the Government. 

There is no proposal to extend such facilities for visit to any other State. 

*******

Source: PDF/WORD(Hindi) PDF/WORD

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7th CPC - Date of Next Increment on Promotion/MACP: Clarification on Rule 10 of CCS RP Rules, 2016

F.No. 4-21/2017-IC/E.III(A)

Government of India 

Ministry of Finance

Department of Expenditure

North Block, New Delhi Dated 31st July, 2018

OFFICE MEMORANDUM

Subject: Date of next increment- Rule 10 of CCS (RP) Rules, 2016- regarding .

The undersigned is directed to invite attention to Rule 10 of CCS (RP) Rules 2016 which prov ides, inter alia, that there shall be two dates f or increment namely 1st January and 1st July of every year , instead of the provision of one date of increment on the 1st July during the 6th Pay Commission pay structure. The Rule further provides that an employee shall be entitled to only one annual increment either on 1st January or 1st July depending on the date of appointment , promotion or grant of financial upgradation. The Sub-Rule (2) thereof provides that increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under MACP during the period between the 2nd day of January and 1st day of July (both inclusive) shall be granted on 1st day of January and the increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under MACP during the period between 2nd day of July and 1st day of January (both inclusive) shall be granted on 1st day of July.

2. The proviso to Sub-Rule 2 of Rule 10 of CCS (PR) Rules, 2016 provides that the next increment after drawal of increment on 1st day of July 2016 shall accrue as on 1st day of July 2017.

3. A number of references has been received in the Ministry of Finance seeking clarification whether in case of an employee promoted on 1st July 2016, whose pay was fixed on 01/07/2016 in terms of the rules governing fixation of pay on promotion , the next increment may be allowed on 1st January 2017 or on 1st July 2017.

4. The matter has been considered. During the regime of pay structure obtaining immediately prior to 01/01/2016, when the annual increment was admissible uniformly on 1st July every year, the increment was admissible on 1st July, provided the condition of 6 months' service was fulfilled. Thereafter, the next increment used to be given after a period of 12 months.

5. Accordingly, keeping in view the principle followed during the period before 1.1.2016 immediately prior to coming into force of the CCS(RP) Rules, 2016, which has been modified in the revised pay structure in terms of Rule 10 thereof by way of 2 dates of increment on 1st January and 1st July, it is clarified that in case an employee is promoted or granted financial upgradation including upgradation under the MACP scheme on 1st January or 1st July, where the pay is fixed in the Level applicable to the post on which promotion is made in accordance with the Rule 13 of the CCS(RP) Rules, 2016 , the first increment in the Level applicable to the post on which promotion is made shall accrue on the following 1st July or 1st January, as the case may be, provided a period of 6 months' qualifying service is strictly fulfilled. The next increment thereafter shall, however , accrue only after completion of one year .

6. This order is issued in consultation with off ice of C&AG in its application to employees working in Indian Audit and Accounts Department.

7. Hindi version of this order is also attached.

Sd/-

(Ram Gopal)

Under Secretary to the Government of India

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CLARIFICATIONS REGARDING HOUSE BUILDING ADVANCE

(HBA)

1-17011/6(3)/13/2018-H.III

Government of India

Ministry of Housing & Urban Affairs

Housing-III Section

Nirman Bhawan, New Delhi,

Dated: 1.08.2018

OFFICE MEMORANDUM

Subject: Clarifications regarding House Building Advance - reg.

The undersigned is directed to say that in partial modification to the Ministry of Housing & Urban Affairs OM No. 1.17011/11(4)/2016-H.III dated 09.11.2017 regarding House Building Advance Rules - 2017, the competent authority has approved to modify the provision of para 2(i) in place of the existing provision.

"Constructing a new house on the plot owned by the employee or the employee and the employee's wife/husband jointly with the clear title of the plot"

All the other existing provisions in the said OM of even no. dated 09.11.2017 shall remain same.

(Shailendra Vikram Singh)

Director (IFD)
: Click here to view/download the PDF

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Guidelines on Air Travel on Official Tour- Purchase of Air Ticket from authorized agent

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Amendment of the Trade Unions Act, 1927 to provide provisions for recognition of Trade Unions

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Proposal to include Central Asian Countries with the ambit of LTC facility for Government employees

F.N0.31011 /S/2018- Estt. A- IV
Government of India
Ministry of Personnel Public Grievances & Persons
Department of Personnel &Training
Establishment A-IV Desk

New Delhi. 17th July, 2018

OFFICE MEMORANDUM

Sub:- Proposal to include Central Asian Countries with the ambit of LTC facility for Government employees.

The undersigned is directed to refer to the proposal of Ministry of External Affairs to include five Central Asian Countries namely Kazakhstan. Turkmenistan, Uzbekistan. Kyrgyzstan and Tajikistan under the scheme of LTC with some ceiling and to seek the comments of Ministry Civil Aviation (MOCA). Ministry of tourism (MOT). Ministry of Home Affairs (MHA) and Department of Expenditure at the earliest possible.

(Surya Narayan)

Under Secretary to the Govt. of India
Tel: 23040341

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Reversion to Old Pension Scheme

In accordance with the scheme for National Pension System (NPS), as notified vide Ministry of Finance (Department of Economic Affairs)’s Notification No. 5/7/2003-ECB & PR dated 22.12.2003, the System is mandatory for all new recruits to the Central Government service (except armed forces) from 01.01.2004. Accordingly, as per Rule 2 of the Central Civil Services (Pension) Rules, 1972, as amended on 30.12.2003, these rules are applicable to Government servants appointed to civil posts on or before 31.12.2003. The date on which the vacancies arose or the date on which the examination was conducted for filling up the vacancies is not relevant for deciding the applicability of the Central Civil Services (Pension) rules, 1972.

Ministry of Home Affairs have not sought any advice from Department of Pension and Pensioners’ Welfare on the question of having a policy to cover the paramilitary personnel appointed after 01.01.2004 under the Old Pension Scheme on the ground that the vacancies arose, or the examination was conducted, in the year 2003. However, a reference was received from Ministry of Home Affairs in a specific case relating to appointments as Sub-Inspector in various Central Para Military Forces after selection in August, 2003 on the basis of an Examination conducted in 2002. Appointments on the basis of these selections were made in Central Reserve Police Force in 2003 and the candidates appointed were covered by the pension scheme under Central Civil Service (Pension) Rules, 1972. However, in the Border Security Force, offers of appointment on the basis of the same examination/selection were issued in January, 2004. On a petition filed by some personnel appointed in the Border Security Force on the basis of that examination, Hon’ble High Court of Delhi directed to cover the petitioners under the Central Civil Service (Pension) Rules, 1972 on the grounds of administrative delay on the part of Border Security Force in making appointments. The order of Hon’ble High Court of Delhi was implemented by the Ministry of Home Affairs/Border Security Force in view of the peculiar circumstances of that case. The decision taken in that case is, however, not relevant for deciding applicability of Central Civil Service (Pension) Rules to all appointments made on or after 01.01.2004 in the Central Para Military Forces or in any other Department/organization on the basis of year of examination/selection.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, DrJitendra Singh in written reply to a question in Rajya Sabha today.

Pib

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Extending Old Pension Scheme to Casual Workers regularised on or after 1.1.2004

Procedure for extending the benefits of Old GPF / Pension Scheme to those casual workers covered under the Scheme of 1993 and regularized on or after 01.01.2004.

CPAO/IT & Tech/Clarification/P&PW/ 13 [Vol- III) / 2018-19/68

13.07.2018

Office Memorandum

Subject: -Procedure for extending the benefits of Old GPF / Pension Scheme to those casual workers covered under the Scheme of 1993 and regularized on or after 01.01.2004.
It has been observed that the pension cases of casual labour who were regularized on or after 01.01.2004 and eligible for old GPF/Pension Scheme vide DOpT 0M No.49014/ 2/2014-Estt(C) dated 28.07.2016 have not been processed by the concerned Ministries/Departments. In order to avoid the hardship to the pensioners all the Ministries/ Departments/PAOs have been requested to finalise the pension cases of the pensioners after following the procedure below:-
1) Deptt. may issue the order that the old GPF Scheme/ Pension Scheme is applicable to the concerned official.
2) CPAO may be requested through concerned Pay & Accounts Office to stop Provisional Pension after cancellation of PPO, if issued.
3) NSDL may be requested by the concerned PAO to deposit the NPS subscription, Govt. Contribution plus interest thereon into the Govt. Account through ERM of NSDL.
4) On receipt of the amount it may be classified by the concerned PAO as below:-

5)GPF and Pension case of the concerned official may be processed as per the CPF Rules and CCS(Pension) Rules, 1972 after adjusting the Provis10nal Pension paid to the pensioner, if paid This issues with the approval 0f the Chief Controller〔 Pensions〕

[Praful Dabral]
Sr.Accounts Offlcer〔 IT&Tech〕
Ph No.011‐ 26166758

View the Order Copy

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7th CPC National Anomaly Committee: Minutes of Meeting held on 17.07.2018 by NC JCM - Less hope on Minimum Pay/Pension & Pay Matrix Anomaly

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/NAC

Dated: 17/07/2018

To

The All Member of the

National Council (Staff Side) JCM

Comrades,

The meeting of the 7 CPC National Anomaly Committee was held today (17/7/2018). Shri Chandramouli, Secretary (P), DOPT presided over this meeting. The Department of personnel had identified the following six items only for discussion: 

1. Item No. 3- Removal of condition of 3% stipulated to grant bunching benefit 
2. Item No. 4- Fixation of pay on promotion 
3. Item No. 5- Removal of Anomaly in Pay Matrix 
4. Item No 8- Lesser Pay in higher level of Pay Matrix 
5. Item No. 9 - Bunching of steps in the revised pay structure 
6. Item No. 14 – Grant of GP 5400 to Sr Section Officer of Railways and AAOs of IA&AD and Organised Accounts (Civil Accounts, Postal Accounts and Defence Accounts) 

The above items were subjected to discussions and the following decisions were taken. 

 

Item No 3 – The Govt. will consider as to how the matter could be resolved after assessing financial implications 

Item No 4 – The suggestion of the Staff Side to fix the pay on promotion at the next higher stage after granting one increment was not accepted. After discussion it was agreed that Govt would address the issue on case by case basis. Those who are covered by the anomaly described under this item have been advised to make representation to Fin. Ministry directly. The staff side however insisted that the entire anomaly would he resolved if two increments are granted while on promotion/MACP. 

Item No. 5 & 8 – it was agreed by the official side that this is an aberration ·and shall be addressed. 

Item No 9- Rejected by official side 

Item No 14 – The matter is under consideration of the Govt.

Alter completing discussions on the above items, the Staff Side insisted that the following remaining items may also be taken up for discussion.

Item No.l  Anomaly in computation of Minimum Wage

Item No.2. 3 % Increment at all stages

Item No.6 Anomaly due to index rationalization

Item No.7 Anomaly arising from the decision to reject option No. 1 in pension fixation

Item No. 10 Minimum Pension

Item No.11 Date of Effect of Allowances -HRA. Transport Allowance, CEA etc.

Item No.18 Anomaly in the grant of D.A. installment w.e.f. 1.l.2016

 After discussion on the above items. the official side informed that the DOPT had already examined those issues and have come to the conclusion that those items will not come under the ambit of the definition of Anomaly. The Staff Side contested this. It was decided that the DOPT will convey the reasoning to the staff side and hold meeting with the Staff Side to sort out the differences.

The following items has been referred to Departmental Anomaly Committee of the respective Department/Ministries.

Item No.15. Technical Supervisors of Railways

Item No.16 Anomaly in the assignment of replacement of Levels of pay in the Ministry of Defence. Railways, Mines etc in the case of Store Keepers

Item No. 17 Anomaly in the assignment of pay Levels in the case of Research Assistants in Ministry of AYUSH. Homoeopathic Department.

The staff side then raised the following other issues.

1. Central Govt employees may be granted one more option to switch over to 7 CPC from a date subsequent to 25th of July 2016 - the official side informed that the matter is under consideration and a decision would be taken shortly.

2. The issue of pay fixation of ex-servicemen in the last pay drawn by them before retirement from armed forces is remaining unsettled - the official side informed that the matter has been referred to Min. of Defence by DOPT for their comments. Decision would be taken after receipt of comments from MOD.

3. The Staff side raised the issue of not convening meetings of the National Council. JCM and Standing Committee.

4. The staff Side also informed of the decision taken by the NJCA in its meeting held on 3-7-2018 of the revival of the deferred indefinite strike by the Central Govt Employees if no settlement is brought about on major demands like upward revision of minimum pay. fitment factor and NPS before 7-8-2018.

With Greetings

Yours faternally,

(Shiva Gopal Mishra)

Secretary

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Recommendations of the 7th CPC - Implementation of decision relating to the grant of Children Education Allowance and Hostel Subsidy - Consolidated instructions.

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Leave to a Government servant who is unlikely to be fit to return to duty

No 18017/1/2014-Estt(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Old JNU Campus, New Delhi 110 067
Dated: 17.07.2018

OFFICE MEMORANDUM

Subject: Leave to a Government servant who is unlikely to be fit to return to duty — Reg.

The undersigned is directed to say that the CCS (Leave) Rules, 1972 have been amended vide Notification G.S.R. No. 438 (E) dated 03.04.2018 (copy enclosed) to bring them in conformity with the Rights of Persons with Disabilities Act, 2016. Accordingly, it has now been decided that leave applied under rule 20, shall not be refused or revoked without reference to the Medical Authority, whose advice shall be binding. Further, any leave debited for the period(s) granted after receipt of the certificate of disability of the Medical Authority, shall be remitted back into the leave account of the Government servant. The Certificate of Disability is required to be issued in Form ‘3A’ which should be signed by a Government doctor of a Government medical board. Further, a Government servant who is granted leave in accordance with the provisions of clause (b) of sub rule (1) of rule 20 of CCS (Leave) Rules, 1972, the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016(49 of 2016) shall, suo-motu, apply.

2. These orders are to be effective from 19.04.2017.

3. Hindi Version will follow.

Encl: As above

(Sandeep Saxena)
Under Secretary to the Government of India

Signed Copy

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CGHS Orders – Reimbursement of cost of Neuro-implants for CGHS/CS(MA) beneficiaries

No. Misc.12014/2005/CGHS(R&H)
Nirman Bhawan, New Delhi
Dated the9th July, 2018

OFFICE MEMORANDUM

Subject:- Permission /Approval for reimbursement of cost of Neuro-implants, viz., Deep Brain Stimulation implants, Intra-thecal Baclofen Pump, lntra-thecal Morphine Pump and Spinal Cord stimulators for CGHS/CS(MA) beneficiaries

With reference to the above subject the undersigned is directed to draw attention to the Office Memorandam of even Number dated 23/06/2006 and 4/12/2008 and OM No.S.3849/09/CGHS(R&H)-CGHS(P) dated 8/12/2014 vide which the rates and guidelines for Permission /Approval for reimbursement of cost of Neuro-implants, viz., Deep Brain Stimulation implants, Intra-thecal Baclofen Pump, Intra-thecal Morphine Pump and Spinal Cord stimulators for CGHS/CS(MA) beneficiaries were notified and to convey the approval of competent authority to allow reimbursement of cost of the above mentioned neuro-implants under CGHS/CS(MA) Rules at the same ceiling rates and guidelines and conditions till the rates for the above mentioned implants are notified by National Pharmaceutical Pricing Authority (NPPA).

sd/-
(Bindu Tewari)
Director (EHS)

Signed Copy

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25வது வெள்ளி விழா மாநில மாநாடு

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25வது வெள்ளி விழா மாநில மாநாடு

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Modified Assured Carrier Progression Scheme (MACPS) to Central Govt employees from 01.09.2018 - Clarification on counting of per-appointment training w.r.t. Para 9 of MACPS guidelines - Clarification

 

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Extension of validity period of empanelment of already empanelled Health care Organizations under CGHS

F.No:S-11045/36/2016-CGHS (HEC)
Government Of Indiaa
Directorate General of Central Govt. Health Scheme
Ministry Of Health & Family Welfare

Nirman Bhawan, New Delhi
Dated the 28th June,2018

OFFICE ORDER

Sub: Extension of validity period of empanelment of already empanelled Health care Organizations under CGHS.With reference to above mentioned subject attention is drawn to office order dated 01.04.2018 whereby empanelment of all existing empanelled health care organizations under CGHS was extended till 30.06.2018

In this regards it has been now decided to extend empanelment of all Health Care Organizations already empanelled under CGHS for a further period of three months w.e.f 01.07.2018 till 30.09.2018 or till next empanelment whichever is earlier on same terms conditions and rates on which they are presently empanelled.

[Dr.D.C.Joshi)
Director (CGHS)
Tel: 011-23062800

Signed Copy

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Immediate Relief Advance Rs.25,000 to families of Government Servants who die while in service: Finance Ministry Order

F.N.12(1)/2016-EII(A)

Government of India

Ministry of Finance

Department of Expenditure

E.II(A) Branch

North Block, New Delhi

20^th June, 2018

Office Memorandum

Sub: Grant of Advance - Amendment to Rule 80 of Compendium of Rules on Advances to Government Servants. 

The undersigned is directed to say that in pursuance of a reference received from the Department of Personnel & Training regarding the demand raised by the Staff Side in the National Council (JCM), the existing provisions of Compendium of Rules on Advances - Rule 80 - relating to Amount of Advances to the families of Government Servants who die while in Service, are retained and amended, as per attached annexure.

2. These orders will take effect from the date of issue of this Office Memorandum. The cases where the advances have already been sanctioned need not be reopened. 

3. In so far as persons serving in Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India. 

4. All the Ministries/Departments are requested to bring the amendments to the notice of all its attached and subordinate offices for their information. 

Hindi version of this Office Memorandum is enclosed.

(H. Atheli)

Director 

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DOPT Order – Child Care Leave

No.13018/6/2013-Estt.(L)
Department of Personnel & Training
Estt.(Leave) Section

JNU Old Campus, New Delhi
Dated: 22.06.2018

OFFICE MEMORANDUM

Sub: Child Care Leave – reg

The undersigned is directed to say that it has now been decided that the limit of 22 years in case of disabled child for the purpose of Child Care Leave under the provisions of Rule 43-C of the CCS (Leave) Rules,1972 has been removed. It has also been decided that Child Care Leave may not be granted for a period less than five days at a time.

2. These orders shall take effect from 13.06.2018.

3. Formal amendments to the relevant provisions of Rule 43-C of Central Civil Services (Leave) Rules, 1972 have already been issued vide Notification dated 13.06.2018.

4. Hindi Version will follow.

(sunil Kumar)
Section Officer

Signed Copy

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