Central Civil Services (Leave Travel Concession) Rules, 1988 – Clarifications/modifications in LTC instructions: CGA Order dated 29.11.2024 reg consolidated clarifications received on the queries raised, from DoPT/MoF

Circular No. 43 Staff wing/2024
No.956/Staff (Entt.I) 88(II)-2024
OFFICE OF THE COMPTROLLER
AUDITOR GENERAL OF INDIA
DEENDAYAL UPADHYAYA MARG,
NEW DELHI – 110 124

Date: 29 Nov 2024

To
1. All the Heads of Departments in IA&AD.
As per mailing list (except overseas Audit Offices)
2. Director General (Headquarters)-Local,
3. Director General (Commercial-I)-Local.

Subject: Central Civil Services (Leave Travel Concession) Rules, 1988 Clarifications/modifications in LTC instructions-regd.

Sir/Madam,

Correspondences were being received from the field offices regarding CCS (LTC) Rules 1988 – wherein various queries were raised while regulating LTC claims pursuant to instructions issued vide Ministry of Finance, Department of Expenditure’s O.M. dated 31.12.2021, 16.06.2022 & Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training’s OM dated 29.08.2022.

2. The matter was referred to DoPT/MoF and accordingly response has now been received from DoPT as well as from MoF.

3. The consolidated clarifications received on the queries raised, from DoPT/MoF are as under:-

4. Accordingly, it is stated that LTC cases may be regulated as per above clarifications received from the Ministry.

5. The cases already settled pursuant to MoF, OM dated 31.12.2021/ 16.06.2022 & DoPT’s OM dated 29.08.2022, while still a lack of clarity in the matter, may also be re-examined/ re-regulated in the light of the above.

6. It may be noted that copies of office orders etc, in this regard need not be sent to Headquarters.

Yours faithfully,

(Sumeet Kumar)
Asst. Comptroller & Auditor General (N)

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No. 57/03/2022-P&P W(B)/8361(9)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan, Khan Market,
New Delhi, Dated the 25th October, 2024

OFFICE MEMORANDUM

Subject: Options under rule 10 of the Central Civil Services (Implementation of National Pension System ) Rules, 2021 from Central Government employees covered under the National Pension System -reg.

The undersigned is directed to say that Rule 10 of the Central Civil Services (Implementation of National Pension System) Rules, 2021 provides for option to be exercised by every Central Government employee covered under National Pension System for availing benefits under National Pension System or old pension scheme in the event of death of Government servant during service or his discharge on the ground of invalidation or disablement.

2. In accordance with rule 10 of the Central Civil Services (Implementation of National Pension System) Rules, 2021, every Government servant covered under the National Pension System shall, at the time of joining Government service, exercise an option in Form 1 for availing benefits under the National Pension System or under the Central Civil Service (Pension) Rules or the Central Civil Service (Extraordinary Pension) Rules in the event of his death or boarding out on account of disablement or retirement on invalidation. Government servants, who are already in Government service and are covered by the National Pension System, shall also exercise such option.

3. Every Government servant shall, along with the option in Form 1, also submit details of family in Form 2 to the Head of Office.

4. Further, this Department vide OM of even number dated 26.10.2022 had requested all Ministries / Departments to obtain above information from all Central Government employees covered under NPS.

5. Even though these statutory provisions are being repeatedly communicated to Ministries / Departments, it is noticed that the options Form-1 and details of family in Form – 2 of the CCS (Implementation of NPS ) Rules, 2021 have not been obtained from all Central Government employees covered under NPS.

6. All Ministries/ Departments are, therefore, again requested to bring these provisions to the notice of Head of Offices for strict compliance.

(S. Chakrabarti)
Under Secretary to the Govt. of India

To
All Ministries/ Departments/ Organisations,
(As per standard list)

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No. 1/15/2024-P&PW(F)/9809
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan, Khan Market,
New Delhi, Dated the 25th October, 2024

OFFICE MEMORANDUM

Subject : Implementation of pension related rules and timely release of retirement benefits by the administrative Ministries / Departments.

Department of Pension and Pensioners’ Welfare (DoPPW) has recently issued Central Civil Services (Extraordinary Pension) Rules, 2023. These rules apply to the Government servant to whom the Central Civil Services (Pension) Rules, 2021 apply. Extraordinary Pension (EOP) Rules are in the form of Disability pension/extraordinary family pension that may be paid to the Government servant/his family if disablement/death (or the aggravation of disablement/death) of the Government servant, during his service, are attributed to the Government service.

2. The above rules are implemented by the administrative Ministry / Department / Organisation. Recently, in one such case court ordered for grant of EOP to the eligible family members of few Government servants who were killed in action during Govt duty. There was order from the court to grant them family pension under EOP Rules. However, the concerned Department took a view that since these employees are covered under EOP Rules which have been notified / issued by DoPPW, hence, the order should be implemented by DoPPW. The matter was subsequently clarified to the that Department and the same was implemented by that Department only. However, the process got prolonged resulting delay in payment etc.

3. In view of the above experience, it is reiterated that as per provisions of the Allocation of Business Rules in the Govt of India, sanction of pension / pensionary benefits is the sole mandate and responsibility of the administrative Ministry / Department / organisation. Therefore, the  concerned organization is required to release all the retirement benefits including EOP as per rules at the carliest possible. It is added that delay in payment of pension, gratuity and family pension attracts payment of interest in terms of Rule 65 of CCS (Pension) Rules, 2021.

4. All Ministries/ Departments are requested to observe the above strictly and sensitise all authorities under them to process and release payment in such cases at the earliest possible.

5. This issues with the approval of competent authority.

(Dilip Kumar Sahu)
Under Secretary to the Govt. of India

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F. No. 1/1(33)/2024 -P&PW(E)
Ministry of Personnel, P.G. and Pensions
Department of Pension and Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi – 110003.
Dated 10th October, 2024

OFFICE MEMORANDUM

Sub:- Settlement of Family Pension between two wives of a Government Servant or Pensioner under Central Civil Services (Pension) Rules, 2021 – reg.

The undersigned is directed to say that Department of Pension,in supersession of the Central Civil Services (Pension) Rules, 1972 has notified the Central Civil Services (Pension) Rules, 2021 and Rule 50 of the Central Civil Services (Pension) Rules, 2021 deals with payment of family pension on death of a Government servant/pensioner.

2. In accordance with Rule 50 (6) of the CCS (Pension) Rules, 2021, the family pension shall be payable to the members of the family of the deceased Government servant or pensioners in the following order:

1. Subject to provisions of sub-rule (8), widow or widower, (including a post-retiral spouse and judicially separated wife or husband)
2. Subject to provisions of sub-rule (9), children (including adopted children, step children and children born after retirement of the pensioner),
3. Subject to provisions of sub-rule (10), dependent parents (including adoptive parents) of the deceased Government servant or pensioner,
4. subject to provisions of sub-rule (11), dependent siblings (i.e. brother or sister) of the deceased Government servant or pensioner, suffering from a mental or physical disability

Whereas the Explanation to Rule 50(6) (1) of the CCS (Pension) Rules, 2021 states that -For the purpose of this rule ‘widow’ and ‘widower’ shall mean a spouse, legally wedded to the deceased Government servant or the pensioners.

3. Whereas Rule 50(8)(c) of the CCS (Pension) Rules, 2021 states that :

1. Where the deceased Government servant or pensioner is survived by more widow than one, the family pension shall be paid to the widows in equal shares and on the death or ineligibility of a widow, her share of the family pension shall become payable to her child or children who fulfil the eligibility conditions mentioned in sub-rule (9).

4. In this regard, references have been received in this department regarding eligibility of family pension to the second wife when the first wife is alive. Having second wife when the first wife is alive is against the provisions of Hindu Marriage Act, 1955 and also contradictory to the provisions of CCS(Pension) Rules, 2021. The matter has been examined and it has been decided that such cases needs to be processed in accordance with the provisions of CCS (Pension) Rules, 2021 and the issue of second wife or second marriage being legal or otherwise, may be decided first in consultation with Department of Legal Affairs on case to case basis for deciding the eligibility for Family Pension.

5. All Ministries/ Departments are requested to follow the process of consultation with Department of Legal Affairs before arriving at decision regarding Settlement of Family Pension between two wives under Central Civil Services (Pension) Rules, 2021. Such cases must be brought to the notice of the officer dealing with the pensioners’ benefits in the respective Ministry/ Department by the attached/subordinate offices.

(Sonika Khattar)
Under Secretary to the Govt. of India

To

All Ministries/ Departments/ Organizations (As per attached list).

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Pr.CCA/CBIC/Expdr/ Circular/2024-25/45/176

Dated:- 02/09/2024

OFFICE MEMORANDUM

Sub : Processing of Pension Cases as per the time-line prescribed in CCS (Pension) Rules, 2021

It has been observed that the finalization of pension cases is not as per the timelines prescribed in the CCS (Pension) Rules 2021, which is causing undue hardship for pensioners. As per the CCS (Pension) Rules 2021, it is mandatory to process pension cases within the stipulated timelines to ensure timely payment of pensions to retirees. The rules prescribe the following timelines:

1. The process of verification of service and other preparatory work should be undertaken one year before a government servant is due to retire on superannuation
2. The government servant should submit the forms six months before retirement to the Head of the Office.
3. The Head of the Office should send the pension case to the PAO four months before retirement.
4. The PAO should issue the PPO (Pension Payment Order) and send it to the CPAO (Central Pension Accounting Office) one month before retirement.

The rules also provide for the sanction of provisional pensions in cases where a government servant is likely to retire before the finalization of their pension and gratuity.

To ensure timely payment of retirement dues in all cases, all the PAOs are directed to circulate the timelines for processing pension cases of employees to the HOOs, as per the Annexure. It must be ensured that PAOs as well as HOO of department strictly adhere to the timeline and process pension cases expeditiously to mitigate undue hardship to retirees.

This issues with the approval of the Competent Authority.

(Jaspal Singh)
Sr. Accounts Officer

ANNXURE

TIMELINE FOR PROCESSING PENSION CASES IN R/O EMPLOYEES RETIRING DURING THE YEAR 2024 AND 2025

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E-11282
No. K-16003/1/2022- Group B-CGA/1165
Government of India
Ministry of Finance
Department of Expenditure
Controller General of Accounts

Mahalekha Niyantrak Bhawan,
E-Block, GPO Complex,
I.N.A, New Delhi- 110023.

Dated: 14th September, 2023

OFFICE MEMORANDUM

Subject:- Strengthening of Administration- Periodic review of Central Government Employees under FR 56 (J) and Rule 48 of CCS (Pension) Rules, 1972.

The undersigned is directed to refer to this office O.M. No. K-16003/1/2020 -Group B-CGA/591 dated 17.02.2022 and even No. 691 dated 21.03.2023 wherein all Pr. CCAs/ CCAs/Jt. CGAs/ CAs (I/c) were requested to undertake the periodic review in respect of CCAS (Gr. B & C officials) working under their jurisdictions in terms of DoP&T’s O. M. No. 25013/03/2019-Estt.A-IV dated 28/08/2020 and furnish a report to this office in the prescribed format by 2nd day of each month.

2. It has been observed that O/o Pr. CCAs/ CCAs/CAs (l/c) of various Ministry/ Departments do not submit the requisite information within the prescribed time limit despite the issuance of directions by this office on various occasions. Further, in some cases it is also observed that the information furnished by the Ministry/ Department is not accurate for the month for which the information is being furnished as it includes repeated figures of the previous months or cumulative figure.

3. The requisite information is required for further submission to Department of Expenditure, MoF. In the absence of correct information from Ministry/ Departments, this office is facing difficulty for onward submission of information to the Department of Expenditure, Ministry of Finance, Delhi in a time bound manner.

4. It is, therefore, once again requested to ensure strict compliance of the orders of this office and to undertake the periodic review in respect of Gr. ‘B’ & ‘C’ officials of CCAS under Rule 56 (j) and Rule 48 of CCS (Pension) Rule, 1972 in terms of DoPT O.M. dated 28.08.2020. It may also be ensured that the report in the prescribed format is furnished to this office by 2nd day of each month without fail. If there is no case under ibid rules, the Ministries/ Departments is requested to furnish “NIL” information in the prescribed format to this office.

9. It is also to be ensured that the figures reflected in the monthly report are not repeated or cumulative in nature.

6. In case, the Ministries/ Departments has not furnished the report in the prescribed format to this office by 2nd day of each month, the report of the said Ministries/ Departments will be treated as “NIL”.

(Jyoti Vinod)
Sr. Accounts Officer (HR-3)

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भारतीय प्रतिरक्षा मजदूर संघ
Bharatiya Pratiraksha Mazdoor Sangh

REF: BPMS/ MoF/ Pay Fixation/ 60(7/3/L)

Dated: 01.03.2023

REMINDER 3

To,

The Secretary
Department of Expenditure
Govt of India, Ministry of Finance
North Block, New Delhi- 110 001

Subject: Date of next increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016.

Reference: 1. Department OM No. 04-21/2017-IC/E.IIIA dated 28 Nov 2019 & subsequent relaxation in rules through letter of even no dated 15 April 2021

2. This federation letter of even no.dated 16.06.2022, 01.08.2022 & 21.12.2022.

Respected Sir,

With due regards, your kind attention is invited to the letters cited under reference 1 whereby instructions/clarifications were issued regarding Pay Fixation (including fixation of DNI) under FR 22(1)(a)(1) on regular promotion or financial up-gradation on or after 01.01.2016. And, employees were allowed to exercise/ re-exercise of option for pay fixation for past cases if they had not availed the same on the occasion of their regular promotion/ financial up-gradation.

Through the OM dated 15 April 2021, a special condonation, on one more occasion, was granted with a three month time-limit to all employees by relaxing the condition in exercising of option.

It is worth to mention here that during the same period (aftermath of 15 April 2021) the sudden outbreak of corona pandemic derailed the life of all. Establishments were being run at least strength. Everyone was struggling to save the lives of his dear ones.

In such a catastrophic situation’ employees could not avail the above relaxation. But, with restoration of normalization, many employees started to approach this federation for a further extension/ relaxation in rules for one more and last time.

As the situation was beyond their control and the OM dated 15 April 2021 could not be availed by the employees, you are again requested to condone the delay for one more time and give one more opportunity to all employees in this regard.

Thanking you.

Sincerely Yours

(MUKESH SINGH)
General Secretary/ BPMS &
Member National Council JCM

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Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2023 regarding Appointing Authorities of Ordnance Factory Board – Notification by DoPT

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 10th January, 2023

G.S.R. 18(E).– In exercise of the powers conferred by proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Central Civil Services (Classification, Control and Appeal) Rules, 1965, namely:-

1. Short title and commencement.– (1) These rules may be called the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2023.

(2) They shall come into force on the day of their publication in the Official Gazette.

2. In the Schedule to the Central Civil Services (Classification, Control and Appeal) Rules, 1965, in Part V,-

• (i) against serial number 1, in column (2), in paragraph (B), sub-paragraph (xi) and the corresponding entries relating thereto in columns (3), (4) and (5) shall be omitted;
• (ii) against serial number 2, in column (2), in paragraph (B), sub-paragraph (xi) and the corresponding entries relating thereto in columns (3), (4) and (5) shall be omitted.

[F. No.11012/8/2021-Estt. (A-ID]
MANOJ KUMAR DWIVEDI, Addl. Secy

Note: The principal rules were notified vide notification number S.O. 3703, dated the 20th November, 1965, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (11), on the 24th November, 1965, and last amended vide notification number G.S.R. 156, dated the 19th October, 2022, published in the Gazette of India on the 22nd October, 2022.

Deleted Clause:-

PART V – Civil Posts in Defence Services

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Periodic Review of Central Government Employees for strengthening of administration under FR 96(j)/(l) and Rule 42 of CCS Pension Rules 2021 – DoPT

F.No. 26012/8/2022 -Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
(Estt.A-lV Desk)

North Block, New Delhi
Dated: 20th December, 2022

OFFICE MEMORANDUM

Subject: Strengthening of Administration by periodical review under FR 56(j): Statutory Body regarding.

The undersigned is directed to refer to DOPT’s OM No. 25013/03/2019-Estt.A-IV dated 28.08.2020 regarding Periodic Review of Central Government Employees for strengthening of administration under FR 96(j)/(l) and Rule 42 of CCS Pension Rules 2021 [erstwhile Rule 48 of CCS (Pension) Rules 1972].

2. As regards applicability of provisions of FR-56(j) and composition of Representation Committee in respect of statutory bodies, the following provisions are made for the statutory bodies:

1. Where the Statutory Body have adopted the provisions of FR 56(j), Administrative Ministry may ensure that they are strictly followed;
2. Where the Statutory Body have similar provisions in their rule books, the Administrative Ministry may ensure that they are followed in letter and spirit;
3. Where no such provisions exist, the Administrative Ministry may ensure that the action is taken to put in place such rules as may be necessary; and
4. The composition of the Representation Committee in respect of employees of Statutory bodies may be decided with the approval of Minister-in-charge of the Ministry under which the Statutory bodies fall. OC &

Sd/-
(Satish Kumar)
Under Secretary to the Govt. of India

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An administrative decision to issue executive instructions providing for coverage of old pension scheme who were covered under subjected parameter

सरकारी कर्मचारी राष्ट्रीय परिसंघ
Govt. Employees National Confederation
(AFFILIATED TO B.M.S.)
CENTRAL OFFICE : RAM NARESH BHAVAN, TILAK GALI,
PAHAR GANJ, NEW DELHI – 110055

No. GENC/MoS PP/ NPS/193(8/2/L)

Date: 16/12/2022

SUB OFFICE :
2-A, NAVEEN MARKET
KANPUR-206 004

To,
Dr Jitendra Singh
Hon’ble Min of State
Ministry of Personnel, Public Grievances and Pensions,
South block, New Delhi – 110001

Sub- Inclusion of central government employees selected against the vacancies issued / notified and advertised prior to 01/01/2004 under central civil services (pension) Rules-1972-Regarding

Sir,

Undersigned want to draw your kind attention in subjected matter for which along with a delegation of this federation met you since dated 26/2/2020 and submitted a memorandum No. N.C.C. (4/1/1/2020) dated 26/2/2020 for the same after discussion.

Sir, after the issuance of OM No-57/04/2019-P&PW(B), dated 17-02-2020 by Department of Pension and PW for providing the option of OPS to those central government employees who were given the recruitment exam prior to 01/01/2004 but result was declared on or after 01/01/2004 as qualified. After implementation these instructions so many central government employees who had not been covered under this parameter were feeling injustice and among of these employees most employees had been filed petitions in various CATs and after CATs judgement in favour of petitioners they got same benefits.

Sir, in spite of this huge numbers of central government employees were eagerly awaiting of such instructions in which they will also covered whose recruitment was under processed on the basis of issuance / notified and advertised the vacancies prior to 01/01/2004.

Sir, but after the ID note of min. of finance, department of expenditure no-1(7)/EV/2019 dated 05/12/2022 and also in response of the Rajya Sabha question no 678 by the DOP&PW from department of expenditure on dated 13/12/2022 it has been cleared that your department is going to change in cut off date 22/12/2003 as a NPS notification date instead of 01/01/2004. Sir if same will about to happened once again it will be injustice with those employees whose vacancies issuance and recruitment was under processed prior to 22/12 /2003 but same advertised and notified after 22/12/2003 to 31/12/2003.

Sir, earlier department of legal affairs have also given their legal opinion in subjected matter that “An administrative decision to issue executive instructions providing for coverage of old pension scheme who were covered under subjected parameter.”

Therefore keep in mind of the above facts I request you legally the cut off date in this matter should be 01/01/2004 instead of 22/12/2003 so that those central government employees who were recruited on the basis of published and advertised prior to 01/01/2004 may get justice.

Thanking you.

Yours Truly,

(SADHU SINGH)
The Secretary

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