No. X-7/6/2022-SPN-II
Government of India
Ministry of Communications
Department of Posts
(Personnel Division)

Dak Bhawan, Sansad Marg
New Delhi – 110 001
Dated: 12th April, 2022

To,
a) All Chief Postmaster General
b) Chief General Manager, CEPT, PLI/ Parcel / BD Directorate
c) Director RAKNPA / Director of all PTCs
d) Addl. Director General, Army Postal Service
e) All General Manager (Finance) / Director of Accounts (Postal)

Subject: Promotion of Government servants through Limited Departmental Competitive Examination against whom disciplinary / criminal prosecution are pending – reg.

Madam/Sir,

I am directed to refer to D.G. P&T Letter no. 7/31/63-SPB-II dated 25.06.1965 pertaining to instructions dealing with allowing officials to appear in Departmental Examination against whom departmental proceedings / criminal prosecution are pending.

2. The above mentioned provision related to Departmental Examination have been reviewed in consultation with Department of Personnel and Training (DoPT). It has been decided that instructions related to promotion of Government servant through DPC against whom disciplinary case / criminal prosecution is pending, as issued vide DoPT O.M. No. 22011/4/91-Estt.(A) dated 14.09.1992, amended from time to time shall be applicable mutatis mutandis in case of promotion through Limited Departmental Competitive Examination (LDCE) also.

3. In view of the above, following instructions related to LDCE are issued:

(i) Government servants applying for LDCE and falling under the following categories shall be allowed to appear in examination on ‘Provisional’ basis only:

• a) Government servants under suspension
• b) Government servants in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending; and
• c) Government servants in respect of whom prosecution for a criminal charge is pending.

(ii) Crucial date for determining candidature of an official for LDCE on above parameter shall be closing date of application for relevant LDCE.

(iii) Before declaring result of LDCE, authority concerned shall obtain Vigilance clearance in respect of all candidates. Result of candidate(s) who fall in any one of the above three categories mentioned at (i) above, shall not be declared and will be kept in sealed cover.

(iv) At the time of declaration of result, if a provisionally allowed candidate is exonerated of the charge(s) levelled against him/her or charge(s) levelled against the official have been dropped or the official is not found guilty of criminal prosecution, his/her result shall be declared.

(v). Before relieving an official on promotion, authority concerned shall ensure that there is no case against the official, which falls under any one of the categories at (i) ebove. If any such case arises, official shall not be relieved for promotion, and his / her case shall be deemed to have been kept in sealed cover.

(vi) On conclusion of disciplinary case / criminal prosecution which results in complete exoneration or dropping of allegations / charges levelled against the Govt. servant or the Govt. servant is not found guilty, the sealed cover(s) shall be opened. The due date for promotion will be determined with reference to the position assigned to him in the result of LDCE kept in the sealed cover(s) and with reference to the date of promotion of his next junior on the basis of such position.

(vii) If any penalty is imposed on the Govt. servant as a result of the disciplinary proceedings or if he is found guilty in the criminal prosecution against him, sealed cover(s) shall not be acted upon.

(viii) These instructions shall not apply in the cases(s) where partial results have already been declared. Partial. declaration of result(s) will mean the cases where result of some of the candidates or one / more paper(s) have been declared.

4. Aforesaid provision / procedure shall be applicable for all notification of Departmental Examination issued hereafter alongwith the case(s) where result of Departmental Examination are yet to be declared, either at Directorate level or Circle level.

Yours faithfully,

(Muthuraman C)
Assistant Director General (SPN)

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No.301(45)/2019/PA Admn.III /336 to 396
Government of India,
Ministry of Communications,
Department of Posts, Postal Accounts Wing,
Dak Bhavan, New Delhi.

Dated: 29th May, 2019.

Office Memorandum

Sub: Representations/ Grievances/ complaints etc. received against the Gazette Notification/ Examination Notification relating to RRs/ LDCE-2018.

The case relates to recruitment to Assistant Accounts Officer cadre of IP& TAFS Group ‘B’, as per Gazette RR Notification dated 2.4.2018, Examination Notification dated 19.4.2018 and subsequent instructions/ notification thereupon.

2. As per the background of the case, due to implementation of the recommendations of 6th CPC, JAO and AAO cadre was merged into a single cadre namely AAO Group B’ (Gazetted) and amalgamation of Group ‘B’ cadre of Accounts and Finance of DoP and DoT consisting of AAO, AO and Sr. AO with the nomenclature ‘IP&T AFS Group B’ cadre with Member (Finance) Telecom Commission as Cadre Controlling Authority the new RRs of Assistant Accounts Officer (AAO) cadre were formulated, after obtaining the approval of the concerned authorities were notified vide gazette notification dated 02.04.2018, followed by issue of syllabus for the Limited Departmental Examination vide letter dated 4.4.2018. The examination notification dated 19.4.2018 was issued, in accordance with the new RRs-2018 of AAO, containing all the modalities for conduct the LDCE – 2018 w.e.f. 5th to r July 2018. While the conduct of examination process in progress, addendum, modifications, corrigendum as required were also issued from time to time to facilitate the examination process.

3. After the conducting of the ibid Examination from 5th to 8th July 2018, nearly 500 representations/grievances etc. have been received in the matter, throughout the period till date, on the various issues relating to RR notification, syllabus, Examination notification etc. of AAO cadre of IP&TAFS Group ‘3’. The details of the representations/grievances etc. is placed in the file. It may also be highlighted here that most of the issues flagged in the representations etc. are already subjudice as many of the individuals, group of individuals, staff association have filed court cases, Pan India.

4. These representations can be categorized into two categories viz. a) individuals b) Staff Associations. The main area of concerns/suggestions/views can be summarized as follows:-

• Ambiguity in recruitment rules and examination notification of LDCE-2018,
• Filling up of un-filled vacancies of LDCE-2018 on account of non-joining of candidates appointed for the same
• Eligibility criteria in respect of individual appeared in the LDCE-2018,
• 4 Filling of vacancies reserved for SC/ST (Backlog vacancies of LDCE-2018) by giving grace marks,6 Scoring maximum marks ,
• in some paper/papers by individual(s) in the LDCE-2018,Supply of paper wise marks,Providing of answer scripts of LDCE-2018,
• Scoring maximum marks in some paper/papers by individual(s) in the LDCE-2018.
• Supply of paper wise marks.
• Providing of answer scripts of LDCE-2018.
• Obtaining minimum cut-off marks by the individual(s) candidates appeared in the LDCE-2018 but name was not included in the final merit list of selected candidates.
• Rounding off of marks obtained in the LDCE-2018
• Irregularities pointed out in conducting the LDCE-2018

5. These representations/ contentions/ points brought out by individuals/ staff association can be further sub-divided into two parts (i) challenging the RRs-2018 (ii) Challenging the examination notification vis-ir-vis merit list OMs. All the representations etc. have been examined as per the RRs-2018, Examination Notification, GoI instructions/orders on the subject

More

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ABOLISH AND UPGRADE ALL POSTS OF LOWER DIVISION CLERKS (LDCs) TO UPPER DIVISION CLERKS (UDCs) – MINISTRY OF RAILWAYS IS NOT IN FAVOUR OF THE STAFF SIDE DEMAND

Action taken report on the minutes of the standing Committee National Council JCM held on 03.05.2017

Minutes – Reacting to the comment made by the official side, the staff side pointed out that prima-facie, on introduction of computerized functioning in almost all departments, the functions assigned to LDCs have become redundant.

Decision – What is required is to get the report from each department and take a conscious decision, as LDC is a common category.

Report of the Ministry of Railways (OM dated 01.12.2017)

In view of functional requirement of Ministry of Railways (Railway Board) and promotional aspects of MTS, proposal to abolish and upgrade all posts of LDCs (LDC now as Junior Secretariat Assistant) to UDCs (now called as Senior Secretariat Assistant) may not be recommended and besides this, RBSCS is patterned on the lines of the CSCS and the existing system is working well, unless there is any change in CSCS, no change is desirable in RBSCS. 7th CPC has also not provided upgradation of to LDCs; therefore to abolish and upgrade all posts of LDCs to UDCs is considered not feasible.

Source: Confederation

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A Question was raised by Shri Rajkumar Dhoot in Rajya Sabha regarding abolishment of Clerical Posts in Government establishments. In a Reply to this Question No.2086, the Minister of State in the Ministry of Personnel, Public Grievances and Pensions DR. JITENDRA SINGH has stated the following..

“The Government of India has not abolished all Clerical Posts in all Government establishments. SSC has made recruitment for the posts of Lower Division Clerk (LDC) and Upper Division Clerk (UDC) in respect of vacancies reported by various Ministries/Departments/Sub-ordinate offices of Government of India.

However, the First Cadre Review of Central Secretariat Service was taken up in the year 2001. The Government had accepted recommendations of the committee in the year 2003 that Direct Recruitment LDC in Central Secretariat Clerical Services (CSCS) cadre may be stopped with immediate effect and all posts of LDC in CSCS presently filled through Direct Recruitment mode be abolished as and when these fall vacant. It was also decided to abolish 90% of the posts in the grade of UDC as and when these fall vacant, in future”

Source : Rajya Sabha.nic.in

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Abolition of 85% post falling vacant and meant for direct recruitment in the grade of JSA (erstwhile LDC)

DoPT has abolished 85% reservation for direct recruitment quota in the grade of JSA (erstwhile LDC) of CSCS based on Cadre Restructure committee recommendations.

No. 13/3/2016-CS.II(B)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
(CS.II Division)

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi – 110 003.
Dated: 5th May, 2016.

OFFICE MEMORANDUM

Subject: Abolition of 85% post falling vacant meant for direct recruitment in the grade of JSA(erstwhile LDC)-reg.

In pursuance of DoP&T’s O.M. No. 9/2/2003-CS-ll dated 20th April, 2005, it was decided to abolish 85% of the posts falling vacant on or after 03-10-2003 meant for direct recruitment quota in the grade of JSA (erstwhile LDC) of CSCS. The said decision was taken by the Cabinet after considering the recommendations of the report of First Cadre Restructuring of CSS.

2. However, it is observed that though a number of the cadre units have achieved the target of abolition of 85% of the posts falling vacant on or after 03-10-2003 meant for direct recruitment in the grade of JSA(erstwhile LDC) of CSCS every year. Some cadre units as shown in Annexure still have to achieve the target.

3. The Ministries/Departments shown in the Annexure are requested to take necessary action to abolish the remaining posts immediately and furnish a compliance report to DoP&T by 13th May, 2016 along-with a copy of the Office Order of the number of posts abolished. The deadline may please be strictly adhered to.

(Rajesh Sarswat)
Under Secretary to the Govt. of India

Download DoPT OM No. 13/3/2016-CS.II(B) dated 05.05.2016

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New Delhi: Designations like Lower Division Clerk (LDC) and Upper Division Clerk (UDC) in central government’s employee hierarchy have been replaced with new nomenclature.

The posts of UDC and LDC under Central Secretariat Clerical Service (CSCS) have been rechristened as Senior Secretariat Assistant and Junior Secretariat Assistant, respectively, Order F.No.21/12/2010-CS.I(P) dated December 21 issued by the Department of Personnel and Training (DoPT) said.

Besides, the post of Assistant under Central Secretariat Service (CSS) has been renamed as Assistant Section Officer, it said.

Both the CSCS and CSS form the backbone of administrative work in the central government.

The total sanctioned strength of CSS and CSCS is 11,467 and 5,933 respectively.

Earlier in March, the DoPT had decided to replace the ‘class’ categorisation for specifying the seniority of its employees with new alphabetical groupings.

The posts under the central government will be denoted as groups A, B, C and D instead of classes I, II, III and IV in the service rules, it had said.

The Class-III (Group C) employees had expressed concern that they were taunted as ‘third-class’ employees due to the categorisation.

The Class-I classification is for gazetted officers while Class-II refers to mainly the non-gazetted officers, though there are some gazetted officers in this category too.

Class-III comprises clerical staff and Class-IV (which is now subsumed in Class III or Group C) includes peons and helps or multi-tasking staff in the government hierarchy.

PTI

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Message from Secretary AIAAS(NG) :-

To

Com. M Krishnan,
Secretary General,
Confederation of Central Government Employees & Workers,
New Delhi

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LDC-UDC ISSUE-GOVERNMENT STAND REITERATED

On the issue of LDC/UDC 7th Pay Commission reiterated the deceiving stand of the Government. Despite of realizing the issue as genuine, Government had not taken a positive decision at their level. The tens of thousands of LDC & UDC, solely responsible for the smooth running of many of the subordinate offices, were hoping that 7th Pay Commission will study the problem faced by them and take a positive decision. Staff Side JCM having convinced the importance of the issue, had also recommended merger & upgradation of the Grade Pay of LDC & UDC to Rs. 2800. But here we see that 7th Pay Commission has not taken any decision on the issue except giving some confusing and misleading statements to vindicate the stand taken by the Government as true. Extracts of some of their views on LDC UDC issue spread over various chapters of the reports is given below:

Higher GP 2400 to LDC and consequent upgradation of pay for other civilian posts in the Ministerial hierarchy.

11.22.100 The Academy has urged that LDC should be placed in higher GP 2400 as against the existing GP 1900 at par with grade pay of Data Entry Operator (DEO), on the grounds that both LDC and DEO enter service on the basis of same educational qualification i.e., Class XII and that the functions of LDC are more complex than that of a DEO. This issue has been dealt in Chapter 7.7. Recommendations made there would apply in this case also.

11.52.32 They have demanded upgradation in pay of certain category of non-industrial posts viz., LDC, UDC, Accountant, Junior Head Clerk, Head Clerk, Office Superintendent and Assistant Manager (Admin).

Analysis and Recommendations
11.52.33 The Commission has not received the views of the ministry/department on the issue. However, posts like LDC, UDC, Accountant are common to a number of ministries/ departments. Recommendations regarding their pay are contained in Chapter 7.7 and Chapter 11.35. The Commission does not find any justification for increase in pay scale of the other cadres.

But in Chapter 7.7 no direct recommendation except to decline the demand of LBSNAA to increase the promotional quota of MTS to LDC, is visible. The extract of Para 7.7.37 is give below:

Analysis and Recommendations
7.7.37 Looking at the qualification requirements and their job profile, the Commission does not recommend any changes in the pay structure or the promotional prospects of the MTS. Regarding MTS in Delhi Police, the Commission is of the view that since MTS is a common category, any special dispensation to MTS in Delhi Police is not justified. In so far as the MTS of LBSNAA are concerned, the Commission notes as per the recruitment rules for LDC, presently only 5 percent of MTS can get promoted to LDC through limited departmental examination. However, since the government has stopped direct recruitment for the clerical cadre and gradually phasing out the existing incumbents, their demand cannot be accepted.

LDCs
11.35.27 There are demands that 50 percent posts of LDCs be earmarked for filing up by promotion/departmental examination by MTS. It has been argued that the educational qualification for the post of MTS is Class X and they are recruited through SSC for performing the work of Peon, Mali, Cobbler, and Sweeper etc. Since most of the MTS join the post with higher qualification of Higher Secondary and Graduation, there is high rate of attrition in the MTS cadre.

Analysis and Recommendations
11.35.28 As per the recruitment rules for LDC, presently 5 percent of MTS can get promoted to LDC through limited departmental examination. Since government has already stopped direct recruitment for the clerical cadre and gradually phasing out the existing incumbents, this demand cannot be accepted. Moreover enhancement of promotional quota is an administrative matter to be considered by the relevant
administrative ministry.

Between the lines it can be read that the Government prevented the 7th Pay Commission to not consider the LDC/UDC issue positively and reiterated the wrong statement of the Government that that Government of India has stopped direct recruitment of LDC through Staff Selection as its recommendation. But the fact is that Staff Selection Commission is frequently conducting recruitment for the post of LDC and without the permission of the Government how they can done at their own. Combined higher secondary examination for the selection of LDC also has been conducted recently. If we take the intention of Government of phasing out the LDC post as true, then where is the alternative recommendation? Who will do the arduous work done by the young and energetic LDCs in the subordinate offices? It is to be noted that the normal ratio of LDC and UDC in subordinate offices is 5:2 and thus LDCs have been allocated responsible sections and in many smaller offices LDC alone is handling the work of entire Administration.

On the other hand rejecting Central Secretariat Clerical service demand of parity with DEO the commission observes “Even though the entry requirements are similar, historically the pay scales of the two posts have been different. Besides, they comprise two distinct cadres with different set of roles and responsibilities. Hence, the demand for parity of pay of LDC with DEOs cannot be acceded to by the Commission.”(Para 11.35.38).

Our view is that historically these cadres may be different set of roles but the fact is that functions of LDC are more complex than that of DEO and same was brought before the commission by various Associations/Administrative Authorities. Earlier pay Commissions have fixed Pay Scale to DEO considering their work on computer. But today LDCs are more expertise in computer than DEO for doing work in computer, but the demand of parity with DEO is rejected. Extract of Para 11.35.38 is given below:

Central Secretariat Clerical Service
11.35.38 The Central Secretariat Clerical Service (CSCS) consists of the following grades:
i. Upper Division Clerk (GP 2400)
ii. Lower Division Clerk (GP 1900)
LDC and Data Entry Operator (DEO)
11.35.39 It has been demanded that LDC of CSCS drawing pay in GP 1900 be placed in GP 2400 at par with the DEOs on the grounds that post VI CPC, the entry requirements for the two posts is almost similar.

Analysis and Recommendations
11.35.40 Even though the entry requirements are similar, historically the pay scales of the two posts have been different. Besides, they comprise two distinct cadres with different set of roles and responsibilities. Hence, the demand for parity of pay of LDC with DEOs cannot be acceded to by the Commission.

From the above it is clear that Government is adamant on not granting pay scale to LDC & UDCs in subordinate offices at par with the duties assigned to them. Even though the 7th CPC claimed that they have recommended pay scales on the principle of equal pay for equal work, the genuine issue of LDC/UDC is ignored. Thus we are forced to represent against the recommendation to the Government/JCM (Staff Side). All our LDC/UDC friends are requested to raise the issue in their respective Association/Office to force them to represent the issue to the implementation committee for consideration. Also please join all action programmes including strike action, called by the JCM (Staff Side), as published in this web site from time to time, to combat the situation.

TKR Pillai
General Secretary
Mob: 09425372172

Source: http://aiamshq.blogspot.in/

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T.K.R. Pillai, General Secretary of All India Association of Administrative Staff(Non Gazetted) expressed his view on an order recently published by DoPT regarding the chage of Nomenaclature of LDC and UDC in Central Secretariat. We reproduced the article and given for your ready reference…

CHANGE OF NOMENACLATURE OF LDC & UDC IN CENTRAL SECRETARIAT

DOPT HAS DECIDED TO CHANGE THE NOMENCLATURE OF LDC & UDC OF CENTRAL SECRETARIAT OFFICES. BUT NOTHING IS HEARD IN RESPECT OF CHANGE OF NOMENCLATURE/MERGER OF LDCS AND UDCS OF SUBORDINATE OFFICES. IT IS TO BE NOTED THAT IMMEDIATELY BEFORE THE FINALIZATION OF 6TH PAY COMMISSION REPORT, GOVERNMENT HAD UPGRADED THE PAY SCALE OF THE ASSISTANT IN CENTRAL SECRETARIAT FROM RS. 5500-9000 TO 6500-10500 THAT PAVED THEM TO GET AN EDGE OVER THE PAY OF THE ASSISTANTS OF SUBORDINATE OFFICES. LIKEWISE IT MAY BE A MOVE TO GIVE MORE BENEFITS TO THE LDC & UDCS OF CENTRAL SECRETARIAT IN 7TH CPC.

IT IS TO BE NOTED THAT THIS ASSOCIATION HAS CONTINUOUSLY RAISING THE MERGER AND UPGRADATION OF GRADE PAY LDC & UDC. THE CASE WAS SENT TO JCA SECTION WITH RECOMMENDATION BY THE DOPT BUT THE JCA RETURNED THE SAME TO DOPT WITH A REMARK THAT “THIS IS NOT AN ISSUE OF ANOMALY AND NO SUCH ITEM WAS BEFORE THE NATIONAL ANOMALY COMMITTEE” AND SUGGESTED THAT ESTABLISHMENT II MAY PROCESS THE CASES WITH THE CASE OF LDC & UDCS OF CENTRAL SECRETARIAT IN CONSULTATION WITH THE MINISTRY OF FINANCE. BUT DOPT HAS RETURNED THE CASE TO THIS ASSOCIATION WITH A DIRECTIVE TO TAKE UP THE SAME WITH MINISTRY OF FINANCE DIRECTLY.

IT IS WORTH TO MENTION HERE THAT JCA HAD RETURNED THE CASE WITH A PLEA THAT THIS IS NOT AN ISSUE OF ANOMALY AND NO SUCH ITEM WAS BEFORE THE NATIONAL ANOMALY COMMITTEE. WHEREAS ON 9TH JUNE WHEN THE LAST MEETING OF THE NATIONAL ANOMALY COMMITTEE HELD, ITEM NO. 4 –”UPGRADATION OF PAY BAND AND GRADE PAY OF LDCS AND UDCS” WAS DISCUSSED. WHEN THERE WAS NO ITEM WAS PENDING WITH THE JCA, THEN HOW THIS ITEM SURFACED IN THE ANOMALY COMMITTEE MEETING. SIMILARLY THE CONCERNED OFFICER IN DOPT HAD ORALY INFORMED ME THAT THE CASE OF LDC & UDC WAS RETURNED BECAUSE HIS SECTION IS DEALING THE CASES OF LDC & UDC OF CENTRAL SECRETARIAT ONLY AND THE LDC & UDC OF CENTRAL SECRETARIAT HAD NOT DEMANDED THEIR PAY UP-GRADATION.

THE STATE OF LDCS POSTED IN SUBORDINATE OFFICES HAD DISCUSSED IN THIS WEBSITE SEVERAL TIMES. THEY ARE ALLOCATED WITH WORK WORTH TO BE ALLOCATED TO UDC/ASSISTANT AND IN MOST OF THE CASES OFFICERS ARE TAKING DECISION ON THE FILE PUT UP BY THE LDCS WHERE AS IN CENTRAL SECRETARIAT SUCH FILES INITIATES BY UDC/ASSISTANT LEVEL. THUS IT IS HIGH TIME THE GOVERNMENT SHOULD TAKE A DECISION ON THE UPGRADATION OF GRADE PAY AND NOMENCLATURE OF LDC & UDCS WORKING IN THE SUBORDINATE OFFICES BEFORE THE FINALIZATION OF PAY COMMISSION REPORT.

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