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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Reverting to Old Pension Scheme : Lok Sabha QA

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PENSION & PENSIONERS’ WELFARE)

LOK SABHA
UNSTARRED QUESTION NO. 2171
(TO BE ANSWERED ON 02.08.2023)

REVERTING TO OPS

2171. DR. A. CHELLAKUMAR:
SHRI RAJMOHAN UNNITHAN:
DR. MOHAMMAD JAWED:

Will the PRIME MINISTER be pleased to state:

(a) whether the Department of Personnel and Training has completed the process of issuing general orders to exclude Central Government employees whose advertisements for recruitment were released on or before 31/12/2003 from the National Pension System (NPS) and bring them under the Old Pension Scheme (OPS) in the light of the recent Supreme Court judgment; and

(b) if so, the details thereof and if not, the reasons therefor?

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 Sir, The Department of Pension and Pensioners’ Welfare has issued instructions on 03.03.2023 in the light of Court judgments, giving one time option to the Central Government civil employee for inclusion under CCS (Pension) Rules, 1972 (now 2021) who has been appointed against a post or vacancy which was advertised/ notified for recruitment/ appointment prior to notification for National Pension System i.e. 22.12.2003. Department of Personnel and Training has issued similar orders for AIS officers on 13.07.2023.

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Latest DoPT Orders 2022

No. 28/90/2022- P&P W(13)/8297
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 2nd October 2022

OFFICE MEMORANDUM

Subject: Treatment of time passed by a Government servant under suspension as qualifying service or otherwise for pension and gratuity under the Central Civil Services (Pension) Rules, 2021.

The undersigned is directed to say that Department of Pension and Pensioners’ Welfare has notified the Central Civil Services (Pension) Rules, 2021 in supersession of the Central Civil Service (Pension) Rules, 1972. In accordance with Rule 23 of the Central Civil Services (Pension) Rules, 2021, in the case of a Government servant who was previously suspended pending inquiry into his conduct and who, on conclusion of such inquiry, is fully exonerated or only a minor penalty is imposed and the suspension is held to be wholly unjustified, time passed by him under suspension is required to be counted as qualifying service. In other cases, the period of suspension is not to be counted as qualifying service unless the authority competent to pass orders under the rule governing such cases expressly declares at the time that it shall count to such extent as the Competent Authority may declare.

2. In all cases of suspension, the competent authority is required to pass an order specifying the extent to which, if any, the period of suspension shall count as qualifying service and a definite entry is required to be made in the service book of the Government servant in this regard.

3. All Ministries/ Departments are requested that the above provisions regarding counting of time passed under suspension as qualifying service or otherwise, for pension and gratuity under the Central Civil Services (Pension) Rules, 2021 may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry/ Department and attached/ subordinate offices thereunder, for strict implementation.

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

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Latest DoPT Orders 2022

No. 25013/1/2013 -Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
(Estt.A -IV Desk)

North Block, New Delhi
Dated: 22nd September, 2022

OFFICE MEMORANDUM

Subject: Periodic Review of Central Government Employees for strengthening of administration under FR 56U)/(l) and Rule 42 of CCS (Pension) Rules, 2021 (erstwhile Rule 48 of CCS (Pension) Rules, 1972) :- Revised composition of Representation Committee regarding.

The undersigned is directed to refer to this Department’s O.M. of even number dated 15.06.2022 on the above mentioned subject and to convey the decision of the Competent Authority to re-issue the orders in respect of the constitution of the Representation Committee as under:

• i. Ms Arti Ahuja, Secretary, Ministry of Labour & Employment;
• ii. Shri Puneet Kansal, Additional Secretary, Cabinet Secretariat; and
• iii. One member nominated by Cadre Controlling Authority.

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

To
All Secretaries of Ministries/Departments
(As per Standard List)

Download Periodic Review of Central Government Employees for strengthening of administration under FR 56U)/(l) and Rule 42 of CCS (Pension) Rules 2021 – DoPT PDF

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Indian railways latest news today

RBE No. 76/2022

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

No.2016/ F(E)III/1(1)/7

New Delhi, dated: 05.07.2022.

The General Managers/ Principal Financial Advisors,
All Zonal Railways/ Production Units etc,
DGs of RDSO and NAIR.

Sub: Revision of pension/ family pension in respect of the pensioners drawing compulsory retirement pension or compassionate allowance after compulsorily retirement / dismissal / removal from service – reg

A copy of Department of Pension & Pensioners’ Welfare (DOP&PW)’s O.M. No. 38/46/2017-P&PW/(A)(4879) dated 14.06.2022 is enclosed for information and guidance. These instructions shall apply mutatis mutandis on the Railways also. The Central Civil Services (Pension) Rules, 1972 corresponds to Railway Services (Pension) Rules, 1993.

2. The Railway Board’s instructions/Railway Services (Pension) Rules, 1993 corresponding to DOP&PW’s instructions/CCS (Pension) Rules, 1972 referred to in their aforesaid O.M. dated 14.06.2022 are given below:-

3. Please acknowledge receipt.

D.A.: As above

(G.Priya Sudarsani),
Director, Finance (Estt.),
Railway Board

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Indian railways latest news today

No BPS/SG/CCS/ Pension Rules/22/4

Dated: 18.06.022

To
The CRB/CEO
M/O Railway (Railway Board)
The Secretary,
GOI -M/O Personnel, PG & Pensions-DOP&PW

Subject: Revision of RAILWAY SERVICES (PENSION) RULES, 1993 on the pattern of CCS pension 2021

Reference: 1. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS – DOP&PW NOTIFICATION Dated: 20th December, 2021 (CCS Pension Rules 2021) 2. M/O Personnel, PG & Pensions – DOP&PW No 1/(52)/2022-P & PW (E) Dated: 14th June, 2022

Sir,

The Preface of Manual of RAILWAY SERVICES (PENSION) RULES, 1993 reads: ‘The present volume is thus, a self-contained compilation codifying all the Pension Rules applicable to Railway Servants in the form of statutory rules, on the pattern of Central Civil Services (Pension) Rules, 1972 applicable on the civil side.’

Indian Railway used to be a separate entity with a separate Budget during the British Raj and continued to be so even after that. But with the merger of Railway budget with the general budget of India it is no more a separate entity & is very much part of Civil administration of Govt. of India.

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS is the nodal Ministry for pension related matters where as Ministry of Railways is the administrative Ministry Railway Pensioners too are Central Government civil pensioners for all purpose. OMs/Circulars etc issued by the DOP & PW apply to them including the accepted recommendation of CPCs (though on recirculation by Rly BD).

CIVIL APPELLATE JURISDICTION; CIVIL APPEAL NO. 3173 OF 2018 (Arising out of S.L.P(CIVIL) No. 5456 OF 2018)- Union of India Versus R. Sethumadhavan & Anr. Judgment by Honourable Justice Madan B. Lokur, dated 22.03.2018

Para 3 of the judgment reads. “We recommend to the Department of Personnel and Training of the Government of India to try and make life after retirement easier for a Government servant by having appropriate legislation enacted by Parliament or applicable Pension Rules rather than a khichdli of Instructions, Office Memorandum, Clarifications, and Corrigenda and so on and so forth”.

Honourable Supreme Court recorded the above recommendation while passing judgment in the case of responded R. Sethumadhavan (Train Examiner). Recommendation, of the Honorable Supreme court vide their Para 3 were squarely with reference to rules applicable to the respondent who happened to be an ex Rly employee.

Taking note of court’s recommendation DOP & PW stream lined CCS Pension Rules 1972 & notified revised CCS pension Rules 2021. But Railway Administration perhaps inadvertently overlooked Court’s recommendation and continued with the rules drawn in 1993 on the pattern of CCS pension Rules 1972.

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Cut-off dates for Min/Depts to process complaints dealt with in a timely manner and that employee concerns were resolved more quickly.

DoPPW

57/04/2019-P&PW(B)
Government of India
Department of Pension and Pensioners Welfare

04.01.2022

Subject: Coverage under Central Civil Services (Pension) Rules, 1972 in place of National Pension System of those Central Government employees whose selection for appointment were finalized before 01.01.2004 but joined Government service on or after 01.01.2004.

The undersigned is directed to refer to Department of Pension and Pensioners’ Welfare’s O.Ms. of even number dated 17.02.2020 and 31.03.2021 providing one-time option to Government servants for coverage under Central Civil Services (Pension) Rules, 1972 in place of National Pension System who were declared successful for recruitment in the results declared on or before 31.12.2003 against vacancies occurring before 01.01.2004 and are covered under the National Pension System on joining service on or after 01.01.2004. There are prescribed cut off dates for various activities involved in the process of exercising of option, deciding representations by appointing authorities and closure of NPS accounts of the concerned Government servants.

2. It has been come to the notice that despite submission of options in the prescribed time limit by Government servants in terms of OM dated 17.02.2020 and 31.03.2021, some offices may have not decided these options in stipulated time schedule of these activities. Cut-off dates for Min/Depts for processing of cases were prescribed to ensure time bound disposal of cases and faster resolution of grievances of employees. These cut-off dates may not be taken as a reason not to process an option given by the employee within due time.
3. All Ministries / Departments are therefore, requested to take necessary action on the options exercised by Government servants in stipulated time, in accordance with this Department’s OM dated 17.02.2020 and may also fix responsibility in case of any administrative lapse in the matter.

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

To

1. All Central Govt. Ministries / Departments.
2. Ministry of Railways, Railway Board, for information, New Delhi.
3. C&AG, Bahadur Shah Zafar Marg, New Delhi
4. CGA, Department of Expenditure, INA, New Delhi.
5. AD(OL) for Hindi version.
6. NIC for posting on the website of this Department.

Doppw Orders 2022 – Option for 2004 CG Employees NPS to Old Pension Scheme Order PDF

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R.B.E. No. 19/2021

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No. 2016/F{E)lll/1(1)/8

New Delhi, dated: 09/.03.2021.

The GMs/Principal Financial Advisors,
All Zonal Railways/Production Units (etc),
(As per mailing list)

Sub:- Revision of limits of two family pensions payable to a child in respect of both tho parents after the 7th CPC – regarding.

A copy of the Department of Pension & Pensioners’ Welfare (DOP&PW)’s O.M. No.1/1 (2)/2020- P&PW{E) Part-I dated 12.02.2021 is enclosed for information and guidance. These instructions shall apply mutatis mutandis on the Railways also. The Central Civil Services (Pension) Rules, 1972 corresponds to the Railway Services (Pension) Rules, 1993.

2. The Railway Board’s instructions/Railway Services (Pension) Rules, 1993 corresponding to DOP&PW’s instructions/CCS (Pension) Rules. 1972 referred to in their aforesaid O.M. dated 12.02.2021 are given below:-

(G.Priya Sudarsani),
Director, Finance (Estt.),
Railway Board.

D.A.: As above

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No.25013/03/2019 -Estt.A-IV
Government of India
Ministry of Personnel,
Public Grievances and Pensions
Department of Personnel and Training

Establishment A-IV Desk
North Block, New Delhi-I

Dated : 28th August, 2020

OFFICE MEMORANDUM

Subject: Periodic Review of Central Government Employees for strengthening of administration under Fundamental Rule (FR) 560)1(l) and Rule 48 of CCS (Pension) Rules, 1972

Instructions have been issued from time to time for undertaking periodic review of performance of Government servants with a view to ascertain whether the Government servant should be retained in service or retired from service prematurely, in public interest, as per Fundamental provisions/Rule referred in the subject cited above. In order to bring in better clarity to the existing instructions and enable uniform implementation, an effort has been made to review, consolidate and reiterate the guidelines so far issued on the subject at one place.

2. The objective of Fundamental Rule (FR) 560)1(l) and Rule 48 of CCS(Pension) Rules, 1972, is to strengthen the administrative machinery by developing responsible and efficient administration at all levels and to achieve efficiency, economy and speed in the disposal of Government functions. It is clarified that premature retirement of Government servants under these rules is not a penalty. It is distinct from ‘Compulsory Retirement’, which is one of prescribed penalties under CCS (CCA) Rules, 1965.

3. Provisions relating to pre-mature retirement in the Fundamental Rules and CCS (Pension) Rules, 1972

3.1 The Appropriate Authority has the absolute right to retire a Government servant under FR 56(j), FR 56(l) or Rule 48 (1) (b) of CCS (Pension) Rules, 1972 as the case may be, if it is necessary to do so in public interest.

3.2 FR 56(j) :– The Appropriate Authority shall, if it is of the opinion that it is in the public interest so to do, have the absolute right to retire any Government servant by giving him notice of not less than three months in writing or three months’ pay and allowances in lieu of such notice :-

(i) If he is, in Group ‘A’ or Group ‘B’ service or post in a substantive, quasi-permanent or temporary capacity and had entered Government service before attaining the age of 35 years, after he has attained the age of 50 years;

(ii) In any other case after he has attained the age of 55 years.

3.3 FR 56(l) :– Notwithstanding anything contained in clause (j), the Appropriate Authority shall, if it is of the opinion that it is in the public interest to do so, have the absolute right to retire a Government servant in Group C service or post who is not governed by any pension rules, after he has completed thirty years’ service by giving him notice of not less than three months in writing or three months’ pay and allowances in lieu of such notice.

3.4 Rule 48 (1) (b) of CCS (Pension) Rules, 1972 :- At any time after a Government servant has completed thirty (30) years’ qualifying service, he may be required by the Appointing Authority to retire in the public interest and in the case of such retirement, the Government servant shall be entitled to a retiring pension, provided that the Appointing Authority may also give a notice in writing to a Government servant at least three months before the date on which he is required to retire in the public interest or three months’ pay and allowances in lieu of such notice.

4. Time Schedule to be followed :- The time schedule given in the following table, shall be followed for undertaking the exercise of review of performance of Government servants:-

5. Maintenance of Register :- A register of the Government servants who are due to attain the age of 50/55 years or to complete 30 years of service, has to be maintained. The register should be scrutinized at the beginning of every quarter by a senior officer in the Ministry / Department / Cadre and the review be undertaken according to the above schedule so as to ensure timely completion of the review for retention/pre-mature retirement of the Government servants.

6. Government may, at any time after a Government servant has attained the age of 50/55 years or completed 30 years of service, as the case may be, retire him pre-maturely in public interest. However, non-adherence to the time-lines as indicated in para 4 above due to certain administrative exigencies shall not take away the powers of Appropriate Authority to pre-maturely retire a Government servant under FR 56(j), 56(l) and Rule 48 of CCS (Pension) Rules, 1972. Therefore, review of a Government servant for the purposes of these Rules can be undertaken even after he has attained the age of 50/55 years in cases covered by FR 56 (j) or after he has completed 30 years of qualifying service under FR 56(l) / Rule 48 of CCS(Pension) Rules, 1972.

7. There is also no bar on the Government to review any such case again where it was decided earlier to retain the officer, but the Appropriate/Appointing Authority is of the opinion that it is expedient to undertake the review again on account of changed circumstances, in public interest. In such cases, the Appropriate Authority is expected to demonstrate visible meticulousness as such Government servants have been found effective on earlier occasion for retention in service.

8. Composition of Review and Representation Committee:

8.1 The concerned Secretary of the Cadre Controlling Authority (CCA) will constitute Review Committees of two members at appropriate level as under :-

(i) In case of officers holding Group A posts :-

Review Committee shall be headed by the Secretary of the concerned CCA. Where there are Boards viz CBDT, CBEC, Railway Board, Postal Board, Telecom Commission etc, the Review Committee shall be headed by the Chairman of such Board.

(ii) In case of Group B (Gazetted) officers :-

Additional Secretary/Joint Secretary level officer shall head the Review Committee.

(iii) In the case of Non-Gazetted employees :-

(a) An officer of the level of Joint Secretary will head the Committee. However, in case the Appointing Authority is lower in rank than a Joint Secretary, then an officer of the level of Director/Deputy Secretary will be the head.

(b) In the case of Non-Gazetted employees in other than centralised cadres, Head of Department/Head of the Organisation shall decide the composition of the Review Committee.

Chief Vigilance Officer, in case of Gazetted officers, or his representative in case of non-Gazetted officers, will be associated in case of record reflecting adversely on the integrity of any employee.

8.2 The composition of Representation Committee for all Government servants shall consist of :-

(a) A Secretary to the Government of India to be nominated by the Cabinet Secretary;
(b) Additional Secretary/Joint Secretary in the Cabinet Secretariat; and
(c) One member nominated by the CCA.

9. Constitution of Internal Committee :- In addition to the above, Secretary of the CCA is also empowered to constitute an Internal Committee comprising of such officer(s) as deemed fit to assist the Review Committee. These Committees will ensure that the service record of the Government servants being reviewed, along with a summary, bringing out all relevant information, is submitted to the Cadre Authorities at least three months prior to the due date of review.

10. Broad Criteria to be followed by the Review Committee :- The broad criteria to be followed by the Review Committee while making the recommendations are as follows:-

(i) Government servants whose integrity is doubtful, shall be retired.

(ii) Government servants found to be ineffective shall also be retired. The basic consideration in identifying such Government servants should be their fitness/competence to continue in the post held.

(iii) No Government servant should ordinarily be retired on ground of ineffectiveness, if, in any event, he would be retiring on superannuation within a period of one year from the date of consideration of his case. However, in a case where there is a sudden and steep fall in the competence, efficiency or effectiveness of a Government servant, it would be open to review such a case also for premature retirement. The said instruction of not retiring the Government servant wfthin one year on the ground of ineffictiveness except in case of sudden and steep fall in his performance is relevant only when he is proposed to be retired on the ground of ineffectiveness, but not on the ground of doubtful integrity.

(iv) No Government servant should ordinarily be retired on ground of ineffectiveness, if, his service during the preceding 5 years or where he has been promoted to a higher post during that 5 year period, his service in the highest post, has been found satisfactory. There is no such stipulation, however, where the Government servant is to be retired on grounds of doubtful integrity. In case of those Government servants who have been promoted during the last 5 years, the previous entries in the ACRs may be taken into account if he was promoted on the basis of seniority cum fitness, and not on the basis of merit.

(v) The entire service record of a Government servant should be considered at the time of review. The expression ‘service record’ refers to all relevant records and therefore, the review should not be confined to the consideration of the ACR/APAR dossier. The personal file of the Government servant may contain valuable material. Similarly, his work and performance could also be assessed by looking into files dealt with by him or in any papers or reports prepared and submitted by him. It would be useful if the Ministry / Department/Cadre puts together all the data available about the Government servant and prepares a comprehensive brief for consideration by the Review Committee. Even uncommunicated remarks in the ACRs/APARs may be taken into consideration.

Also check: Close all Departmental Canteens until further orders – spread of COVID-19 – DoPT

11. Important judgements of Supreme Court

11.1 In the judgement in the case of UOI & Col. J.N.Sinha [1571 SCR (1) 791], the Hon’ble Supreme Court had not only upheld the validity of FR 56(j), but also held that no show-cause notice needs to be issued to any Government servant before a notice of retirement is issued to him under the aforesaid provisions. The Apex Court held that –

“Now coming to the express words of Fundamental Rule 560), it says that the appropriate authority has the absolute right to retire a government servant if it is of the opinion that it is in the public interest to do so. The right conferred on the appropriate authority is an absolute one. That power can be exercised subject to the conditions mentioned in the rule.’ one of which is that the concerned authority must be of the opinion that it is in public interest to do so. If that authority bonafide forms that opinion, the correctness of that opinion cannot be challenged before courts. It is open to an aggrieved party to contend that the requisite opinion has not been formed or the decision is based on collateral grounds or that it is an arbitrary decision.”

11.2 In the case of State of Gujarat vs Umedbhai M. Patel, 2001 (3) SCC 314, Hon’ble Court held that –

“The law relating to compulsory retirement has now crystalized into definite principles, which could be broadly summarized thus:

(I) Whenever the services of a public servant are no longer useful to the general administration, the officer can be compulsorily retired for the sake of public interest.

(ii) Ordinarily, the order of compulsory retirement is not to be treated as a punishment coming under Article 311 of the Constitution.

(iii) For better administration, it is necessary to chop off dead wood, but the order of compulsory retirement can be passed after having due regard to the entire service record of the officer.

(iv) Any adverse entries made in the confidential record shall be taken note of and be given due weightage in passing such order.

(v) Even un-communicated entries in the confidential record can also be taken into consideration.

(vi) The order of compulsory retirement shall not be passed as a short cut to avoid Departmental enquiry when such course is more desirable.

(vii) If the officer was given a promotion despite adverse entries made in the confidential record, that is a fact in favour of the officer.

(viii) Compulsory retirement shall not be imposed as a punitive measure.

12. The observations of the Supreme Court with regard to Integrity and conduct unbecoming of a Government servant

12.1 As far as integrity is concerned, the following observations of the Hon’ble Supreme Court in the case of S Ramchandra Raju vs State of Orissa {(1 994) 3 SCC 424}, while upholding compulsory retirement in the case, may be kept in view:

“The officer would live by reputation built around him. In an appropriate case, there may not be sufficient evidence to take punitive disciplinary action of removal from service. But his conduct and reputation is such that his continuance in sen/ice would be a menace to public service and injurious to public interest. The entire service record or character rolls or confidential reports maintained would furnish the backdrop material for consideration by the Government or the Review Committee or the appropriate authority. On consideration of the totality of the facts and circumstances alone; the Government should form the opinion that the Government officer needs to be compulsorily retired from service. Therefore, the entire record more particularly, the latest, would form the foundation for the opinion and furnish the base to exercise the power under the relevant rule to compulsorily retire a Government officer.”

12.2 While considering the aspect of integrity of an employee, all material on record, including the actions or decisions taken by the employee which do not appear to be above board, complaints received against him, or suspicious property transactions, for which there may not be sufficient evidence to initiate departmental proceedings, may also be taken into account. The judgement of the Apex Court in the case of K. Kandaswamy vs Union Of India & Anr, 1996 AIR 277, 1995 SCC (6) 162 is relevant here. In this case, the apex court upheld the decision of the Government and held that:-

“The rights – constitutional or statutory – carry with them corollary duty to maintain efficiency, integrity and dedication to public sen/ice. Unfortunately, the latter is being overlooked and neglected and the former unduly gets emphasised. The appropriate Government or the authority would, therefore, need to consider the totality of the facts and circumstances appropriate in each case and would form the opinion whether compulsory retirement of a Government employee would be in the public interest. The opinion must be based on the material on record; otherwise it would amount to arbitrary or colourable exercise of power.”

12.3 Similarly, reports of conduct unbecoming of a Government servant may also form basis for compulsory retirement. As per the judgement of the Hon’ble Supreme Court in State of U.P. and Others vs Vijay Kumar Jam, Appeal (civil) 2083 of 2002:

“If conduct of a government employee becomes unbecoming to the public interest or obstructs the efficiency in public sen/ices, the government has an absolute right to compulsorily retire such an employee in public interest.”

13. Approval of Appropriate/Appointing Authority :– The recommendations of Review Committee will be put up for consideration and approval of Appropriate/Appointing Authority in those cases, where it has been recommended to retire the Government servant prematurely.

14. Representation against Premature Retirement :– After issue of the orders of premature retirement, the concerned Government servant may put up representation for orders otherwise, within three weeks from the date of service of such notice / order and the matter may be placed before Representation Committee long with fresh input, if any. The examination of the representation should be completed by the Cadre Authorities within two weeks from the date of receipt of representation. The Representation Committee considering the representation shall make its recommendations within two weeks from the date of receipt of the reference from the Cadre Authorities concerned and the Appropriate/Appointing Authority should pass its orders within two weeks from the date of receipt of the recommendations of Representation Committee.’

15. In so far as the provisions which are not covered in this OM, the provisions in the earlier OMs shall continue to be applicable.

16. All Ministries/ Departments are requested to follow the contents of this OM strictly and to ensure its wide circulation amongst all concerned.

(Surya Narayan Jha)
Under Secretary to the Government of India
Tel: 23040341

Source: DoPT

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Most Immediate
Court Case

Corporate Office
Pension Section, 5th floor Bharat Sanchar Bhawan
H.C. Mathur Lane, New Delhi- 110001

No.38- 17/2019- Pen(B)

Dated : 09 -07-2020

To

All Heads of Circles/ Telecom Districts/ Regions/ Projects/
Telecom Stores/ Telecom Factories & Other Administrative Offices
Bharat Sanchar Nigam Limited

Sub: Instructions regarding timely release/ payment of Gratuity (DCRG) for avoiding payment of interest on delayed payment of Gratuity – reg.

Sir,

Of late, it has come to the notice of BSNL Corporate Office that in many cases different Courts of f Law have directed UOI/ BSNL for payment of  interest on delayed payment of Gratuity ( DCRC) to the applicant, which have resulted in huge financial burden on BSNL. These cases had been caused due to unnecessary delay in releasing/ payment of Gratuity (DCRG) to the employees by the Circles.

Also check: BSNL Latest News 2020 – Rates of Memento, Shawl and Cash gift for retired BSNL employees

2 . In this regard, it is intimated that in case of retirement of an employee, Gratuity (DCRG) is to be released/ paid immediately to the retired employee. As per GOl Decision (2) under Rule 68 of CCS ( Pension) Rules, 1972 , where the payment of DCRG has been delayed beyond three months from the date of retirement, an interest at the rate applicable to GPF deposits is to be paid to retired / dependants of deceased Government servants. However, of late it has been observed that various Telecom Circles of BSNL are withholding/ delaying the release/ payment of Gratuity on the pretext of pendency of disciplinary proceedings against the concerned BSNL employee, citing instructions given vide Rule 9 of CCS (Pension) Rules, 1972 .

3. In this regard, it is intimated that as per Rule 9 of CCS (Pension) Rules, 1972, the President reserves the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanently or for a specified period , and or ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government , if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of service. However , as per GOI Decision (6) under Rule 9 of CCS ( Pension) Rules, 1972, minor penalty proceedings have no effect on pension . Further, various instructions under GOI Decision (10) under CCS ( Pension) Rules, 1972 clearly explains the situations under which pension/gratuity cannot be withheld.

4 . It may be seen from the above that the main purpose of withholding pension and/ or gratuity is for recovering pecuniary loss caused to the Government/ BSNL. Hence, withholding the Gratuity in the cases should be done judiciously and as per the provisions of rules only and not as a matter of routine.

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5. Further, it has been observed in many instances that the concerned Circles are not taking up the matters immediately with the BSNL Corporate Office, where the decision of the Courts of Law have gone against the Government/ BSNL in the cases involving BSNL employees. Had the Circles taken up the matters immediately with the BSNL Corporate Office, appropriate remedial measures could have taken/appropriate instructions could have been issued on the matter.

6. Accordingly, it has been decided that in the cases where any Court of Law directs for payment of interest on delayed payment of Gratuity, action might be taken for recovery of the said amount from the Officers/ Officials responsible for the delayed release/ payment of Gratuity, in addition to initiation of disciplinary action against them.

7. Hence, All Heads of Telecom Circles/ Other Administrative Units/ Cadre Controlling Authorities in BSNL Corporate Office are requested to release/ pay the Gratuity (DCRG) to the retired employee, without any delay. Further, the Circles arc requested to take up the matter immediately with the BSNL Corporate Office, where the decisions of the Courts of Law have gone against the Government/ BSNL in the cases involving BSNL employees.

Yours faithfully,

(Keshav Kumar)
Astt. General Manager (Estt.-1)
Tele. No. 011-23037477

The post BSNL – Instructions regarding timely release / payment of Gratuity (DCRG) for avoiding payment of interest on delayed payment of Gratuity appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.