No. 21011/04/2023 -Estt.(A.II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi – 110001
Dated 30th August, 2024

OFFICE MEMORANDUM

Subject: Extension of timelines for recording of APARs for the year 2023-24 in respect of Central Civil Services – reg.

The undersigned is directed to refer to this Department’s OM No. 21011/1/2005 -Estt.(A)(Pt.I]) dated 23.07.2009 and OM No. 21011/04/2023-Estt.(A.I]) dated 15.04.2024 & 28.05.2024 regarding timelines for recording of APARs and extension of timelines for submission of self-appraisal, respectively.

2. It has been reported that difficulties are being faced by various officers in sticking to the timelines given in the OMs referred to above.

3. Accordingly, the matter has been re-considered in this Department and it has been decided, with the approval of the competent authority, to extend the existing timelines relating to APAR for the year 2023-24, in relaxation of OM No. 21011/ 1/2005-Lstt.(A)(Pt.II) dated 23.07.2009 and OM No. 2101 1/04/2023-Estt. (A.II) dated 15.04.2024 & 28.05.2024, as follows:

All other timelines remains the same.

4. The aforesaid relaxation is accorded as a one-time measure only.

(Vimal)
Deputy Secretary to the Government of India

Source: DoPT

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Government employees are allowed to encash 10 days earned leave at the time of availing of LTC to the extent of 60 days during the entire service

F.No.31011/06/2023 -Estt.(A-IV)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-IV Desk

North Block, New Delhi.
Dated: 29th March, 2023

OFFICE MEMORANDUM

Subject: Central Civil Services (Leave Travel Concession) Rules, 1988 – Fulfilment of procedural requirements

The undersigned is directed to refer to the above mentioned subject and to state that Government employees are allowed to encash 10 days earned leave at the time of availing of LTC to the extent of 60 days during the entire service. However, certain queries have been raised about whether to allow reimbursement of leave encashment or not in cases where the Government employees undertake journeys on private vehicles in areas connected by public transport or the Government servant himself decides to forgo his claim resulting in ‘Nil’ claim on journeys performed.

2. The matter has been considered and decided that since the leave encashment is limited upto 60 days in the entire service, the denial of encashment of leave would not be appropriate in such cases where the Government employee decides to forgo his claim of reimbursement for travel undertaken on private/ hired vehicle or his claim is ‘Nil’, provided that:

• (i) A Government employee intimates to the Department his intention to avail of LTC in advance and gets the leave sanctioned as per the prescribed procedure before the journey is undertaken;
• (ii) The Government employee has submitted a request for leave encashment before the commencement of the journey;
• (iii) The Government employee gives a self-declaration that he has actually travelled to the declared place of visit and is not claiming the fare reimbursement for the entire LTC journey.

3. It is further clarified that in the following cases, the Government employees are not required to forgo the fare-reimbursement for LTC Journey as per prevailing instructions:

• (i) The Journey on LTC is made by taxi, auto-rickshaw etc, only between places not connected by rail and these modes operate on a regular basis from point to point with the specific approval of the State Governments/transport authorities concerned and are authorized to ply ;
• (ii) Where a Government servant travels on LTC upto the nearest airport/railway station/ bus terminal by authorized mode of transport and undertakes the rest of the journey to a declared place of visit by private transport/ own arrangement (such as personal vehicle or private taxi, etc.), limited upto 200 KMs to and fro ;
• (iii) When the Head of Department allows the use of own/hired taxi for an LTC journey on account of the disability of the Government servant or dependent family member as per the extant instructions.

4. It is also reiterated that, within the same block, when the LTC is being availed of by the Government servant and his family members separately, encashment of leave would be restricted to one occasion only.

5. Hindi version will follow.

(Satish Kumar)
Under Secretary to the Government of India

Download Central Civil Services (Leave Travel Concession) Rules, 1988 – Fulfilment of procedural requirements PDF

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Latest DoPT Orders 2022

F. No.104/76/2022- AVD.1A
Government of India
Ministry of Personnel & Public Grievances & Pensions
(Department of Personnel & Training)

New Delhi, Dated 28th September, 2022

OFFICE MEMORANDUM

Subject:- Consolidated Guidelines regarding grant of ‘Vigilance Clearance’ to AIS Officers & Central Civil Services/ Central Civil posts.

Ref: 1. DoPT OM No. 104/33/2005 -AVD-I dated 29.10.2007

2. DoPT OM No. 11012/11/2007 -Estt.(A) dated 14.12.2007
3. DoPT OM No. 104/33/2005 -AVD-I dated 07.09.2011
4. DoPT OM No, 11012/11/2007 -Estt.A dated 27.09.2011
5. DoPT OM No. 11012/11/2007 -Estt.A dated 21.06.2013

D/o Personnel & Training (DoPT) has from time to time issued instructions / guidelines regarding grant of Vigilance Clearance to AIS officers & Central Civil Services/Central Civil posts. An effort has been made to consolidate and update the said guidelines at one place for better understanding and guidance, which are as follows:

2. Part A-Grant of Vigilance Clearance to AIS Officers

(i) These orders regarding accordance of vigilance clearance to AJS officers shall be applicable with respect to (a) inclusion in the offer list (b) empanelment {c) any deputation for which Central Government clearance is necessary, including deputation under Rule 6(1) and 6(2)(ii) of the AIS (Cadre) Rules (d) appointments to sensitive posts (e) assignments to training programmes (except mandatory training) (f) premature repatriation to the cadre. In all these cases, the vigilance status may be placed before and considered by the Competent Authority before a decision is taken.

(ii) The circumstances under which vigilance clearance shall not be withheld shall be as under:

• Vigilance clearance shall not be withheld due to the filing of a complaint, unless it is established on the basis of at least a preliminary inquiry or on the basis of any information that the concerned Government may already have in its possession, that there is, prima facie, substance to verifiable allegations regarding (i) Corruption (ii) Possession of assets disproportionate to known sources of income (iii) Moral turpitude (iv) , violation of AIS Conduct Rules.
• Vigilance clearance shall not be withheld if a preliminary inquiry mentioned in 2(ii)(a) above takes more than three months to be completed.
• Vigilance clearance shall not be withheld unless (i) the officer is under suspension (ii) the officer is on the Agreed List, provided that in all such cases the position shall be mandatorily revisited after a period of one year (iii) a chargesheet has been issued against the officer in a disciplinary proceeding and the proceeding is pending (iv) orders for instituting disciplinary proceeding against the officer have been issued by the Disciplinary Authority, provided that the chargesheet is served within three months from the date of passing such order (v) chargesheet has been filed in a Court by the Investigating Agency in a criminal case and the case is pending (vi) orders for instituting a criminal case against the officer have been issued by the Disciplinary Authority, provided that the chargesheet is served within three months from the date of initiating proceedings (vii) sanction for investigation or prosecution has been granted by the Competent Authority in a case under the PC Act or any other criminal matter (viii) an FIR has been filed or a case registered by the concerned Government against the officer, provided that the charge sheet is served within three months from the date of filing/registering the FIR/case (ix) the officer is involved in a trap/raid case on charges of corruption and investigation is pending.
• Vigilance clearance shall not be withheld due to an FIR filed on the basis of a private complaint unless a chargesheet has been filed by the investigating agency, provided that there are no directions to the contrary by a competent court of law.
• Vigilance clearance shall not be withheld even after sanction for prosecution if the investigating agency has not been able to complete its investigations and file charges even after a period of two years. However, such vigilance clearance will entitle the officer to be considered only to be appointed to non-sensitive posts and premature repatriation to the cadre and not for any other dispensation listed in Para 2(i) above.
• Vigilance clearance shall be denied to an officer if he fails to submit his annual Immovable Property Return of the previous year latest by 31st January of the following year, as required under Government of India decisions under Rule 16 of the All India Services (Conduct) Rule, 1968.

(iii) In cases where complaints have been referred to the State, and no substantive response has been received from the State within three months from the date on which the reference was made, the Cadre Controlling Authority may provide a copy of the complaint to the officer concerned to seek his comments. If the comments are found to be prima facie satisfactory by the Competent Authority, vigilance clearance shall be accorded.

(iv) Vigilance clearance shall be decided on a case-by-case basis by the Competent Authority keeping in view the sensitivity of the purpose, the gravity of the charges and the facts and circumstances, in the following situations:

• Where the investigating agency has found no substance in the allegation but the Court refuses to permit closure of the FIR.
• Where the Investigating Agency/ IO holds the charges as proved but the State Government differs on the converse.

(v) While considering cases for grant of vigilance clearance for the purpose of empanelment of AIS officers of a particular batch, the vigilance clearance/status will continue to be ascertained from the respective State Government. In respect of officers serving in connection with the affairs of the Central Government, the vigilance status/clearance will be obtained from the respective Ministry. In all cases, the comments of the CVC will also be obtained. However, if no comments are received within a period of three months, it will be presumed that there is nothing adverse against the officer on the records of the body concerned.

(vi) Vigilance clearance will be issued in all cases with the approval of the Head of Vigilance Division for officers up to one level below their seniority in service. In the case of officers of the level of Additional Secretary/Secretary, this will be issued with the approval of the Secretary. In case of doubt, order of Secretary will be obtained keeping in view the purpose for which the ‘vigilance clearance’ is required by the indenting authority.

(vii) Vigilance clearance will not normally be granted for a period of three years after the currency of the punishment, if a minor penalty has been imposed on an officer. In case of imposition of a major penalty, vigilance clearance will not normally be granted for a period of five years, after the currency of punishment. During the period, the performance of the officer should be closely watched.

3. Part B- Grant of Vigilance Clearance to members of Central Civil Services/Central Civil posts

(i) These orders regarding accordance of vigilance clearance to members of the Central Civil Services/posts shall be applicable with respect to (a) empanelment (b) any deputation for which clearance is necessary (c) appointments to sensitive posts and assignments to training programmes (except mandatory training). In all these cases, the vigilance status may be placed before and, considered by the Competent Authority before a decision is taken.

(ii) The circumstances under which vigilance clearance shall not be withheld shall be as under:

• Vigilance clearance shall not be withheld due to the filing of a complaint, unless it is established on the basis of at least a preliminary inquiry or on the basis of any information that the concerned Department may already have in its possession, that there is, prima facie, substance to verifiable allegations regarding (i) Corruption (ii) Possession of assets disproportionate to known sources of income (iii) Moral turpitude (iv) violation of CCS (Conduct) Rules, 1964.
• Vigilance clearance shall not be withheld if a preliminary inquiry mentioned in 3(ii)(a) above takes more than three months to be completed.
• Vigilance clearance shall not be withheld unless (i) the officer is under suspension (ii) the officer is on the Agreed List, provided that in all such cases the position shall be mandatorily revisited after a period of one year (iii) a chargesheet has been issued against the officer in a disciplinary proceeding and the proceeding is pending (iv) orders for instituting disciplinary proceeding against the officer have been issued by the Disciplinary Authority, provided that the chargesheet is served within three months from the date of passing such order (v) chargesheet has been filed in a Court by the Investigating Agency in a criminal case and the case is pending (vi) orders for instituting a criminal case against the officer have been issued by the Disciplinary Authority, provided that the chargesheet is served within three months from the date of initiating proceedings (vii) sanction for investigation or prosecution has been granted by the Competent Authority in a case under the PC Act or any other criminal matter (viii) an FIR has been filed or a case registered by the concerned Department against the officer, provided that the charge sheet is served within three months from the date of filing/ registering the FIR/case (ix) the officer is involved in a trap/raid case on charges of corruption and investigation is pending.
• Vigilance clearance shall not be withheld due to an FIR filed on the basis of a private complaint unless a chargesheet has been filed by the investigating agency, provided that there are no directions to the contrary by a competent court of law.
• Vigilance clearance shall not be withheld even after sanction for prosecution if the investigating agency has not been able to complete its investigations and file charges within a period of two years. However, such vigilance clearance will entitle the officer to be considered only to be appointed to non-sensitive posts and premature repatriation to the parent cadre in case the officer is on deputation and not for any other dispensation listed in Para 3(ii)(a) above.
• Vigilance clearance shall be denied to an officer if he fails to submit his annual Immovable Property Return of the previous year latest by 31st January of the following year, as required under Government of India decisions under Rule 18 of CCS (Conduct) Rule, 1964.

(iii) In cases where complaints have been referred to the administrative authority concerned, and no substantive response has been received from such administrative authority concerned within three months from the date on which the reference was made, the Disciplinary Authority may provide a copy of the complaint to the officer concerned to seek his comments. If the comments are found to be prima facie satisfactory by the Competent Authority, vigilance clearance shall be accorded.

(iv) Vigilance clearance shall be decided on a case-by-case basis by the Competent Authority keeping in view the sensitivity of the purpose, the gravity of the charges and the facts and circumstances, in the following situations

• where the investigating agency has found no substance in the allegation but the Court refuses to permit closure of the FIR; and
• where the investigating agency/ inquiry officer holds the charges as proved but the Competent Administrative Authority differs on the converse.

(v) While considering cases for grant of vigilance clearance for the purpose of empanelment of members of the Central Civil Services/Central Civil posts of a particular batch, the vigilance clearance/status will continue to be ascertained from the respective Cadre Authority. In all such cases, the comments of the Central Vigilance Commission will be obtained. However, if no comments are received within a period of three months, it will be presumed that there is nothing adverse against the officer on the records of the body concerned.

(vi) Vigilance clearance will be issued in all cases with the approval of the Head of Vigilance Division for officers up to one level below their seniority in service. In the case of officers of the level of Additional Secretary/Secretary, this , will be issued with the approval of the Secretary. In case of doubt, order of Secretary will be obtained keeping in view the purpose for which the ‘vigilance clearance’ is required by the indenting authority.

(vii) Vigilance clearance will not normally be granted for a period of three years after the currency of the punishment, if a minor penalty has been imposed on an officer. In case of imposition of a major penalty, vigilance clearance will not normally be granted for a period of five years, after the currency of punishment. During the period, the performance of the officer should be closely watched.

(viii) Insofar as the personnel serving in the Indian audit and accounts Department are concerned, these instructions have been issued after consultation with the Comptroller and Auditor General of India.

(Rupesh Kumar)
Under Secretary to Govt. of India

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No. 31011/ 3/ 2015-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-110001
Dated: 04 February , 2021

OFFICE MEMORANDUM

Subject:- Central Civil Services (Leave Travel Concession) Rules, 1988 Fulfillment of procedural requirements clarification reg.

The undersigned is directed to refer to para (c) of this Department’s O.M. of even number dated 09.02.2017 on the subject noted above regarding reimbursement in cases where a Government servant travels on LTC up to the nearest airport/ railway station/ bus terminal by authorized mode of transport and undertakes rest of the journey to the declared place of visit by private transport/ own arrangement (such as a personal vehicle or private taxi etc.).

2. Para (c) of the aforesaid O.M. provides as under:

“(c) In case, there is no public transport available in a particular stretch of journey, the Government servant may be reimbursed as per his entitlement for journey on transfer for a maximum limit of 100 Kms covered by the private/ personal transport based on a self-certification from the Government servant. Beyond this, the expenditure shall be borne by the Government servant”.

3. With regard to the above provision, many references are received in this Department seeking following clarifications:-

Special cash package equivalent in lieu of LTC fare for central government employees during the Block 2018-2021

(i) Whether the 100 Kms limit specified in DoPT’s O.M. No. 31011/3/ 2015-Estt.A-IV dated 09.02.2017 is for the whole journey (i.e. to and fro combined) or separately for onward and return journey, i.e. 100 Kms for onward and 100 Kms for return journey?

(ii) How assistance shall be provided in cases where various members of a family avail LTC separately and thus avail the facility of private taxi/ transport separately? Whether in such cases also reimbursement as above shall be provided individually to each family member?

4. The matter has been considered in this Department and it is clarified that the 100 Kms limit as prescribed in DoPT’s O.M. No. 31011/3/ 2015-Estt.A-IV dated 09.02.2017 is to be seen from one side. Hence, for the to and fro journey, the fare reimbursement shall be provided for a total of 200 Kms (100 Kms each side).

5. As regards the second situation described in para 3(ii) above, it is stated that in cases where members of the family avail LTC separately, they shall also be eligible for reimbursement of taxi fare/ private transport separately as per DoPT’s O.M. No. 31011/ 3/ 2015-Estt.A-IV dated 09.02.2017.

6. Hindi Version will follow.

(Satish Kumar)
Under Secretary to the Government of India

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F.No.11013/9/2014-Estt.A. III
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi
Dated the 5th June, 2020

OFFICE MEMORANDUM

Subject: Counting of the limitation period for the diverse purposes under CCS (CCA) Rules, 1965, CCS (Pension) Rules, 1972

The undersigned is directed to refer to OM of even number dated 30th March, 2020 whereby, considering the unprecedented situation of lockdown w.e.f. 24th March, 2020, the period of lockdown was decided to be excluded from the time-limits prescribed in various Rules/instructions. While in the initial periods of lockdown, the Government offices were directed to work either with skeletal staff or with 1/3rd of its strength, DoPT’s extant instructions provide for attendance of 100% officers of the level of DS & above and 50% below DS on all working days. Ministry of Home Affairs vide its Order dated 30th May, 2020 has also issued instructions for phase-wise reopening of prohibited activities outside the containment zone. In view of this, it has now been decided that the exclusion of lockdown period w.e.f. 24th March, 2020 shall cease to have further effect with the issue of this O.M. Therefore, after exclusion of lockdown period, action as per time-lines provided under various Rules/ instructions may be completed within the period as explained in paras 2 & 3 of O.M. dated 30th March, 2020 referred above.

(Umesh Kumar Bhatia)
Deputy Secretary to the Govt. of India

The undersigned is directed to refer to Central Civil Services (Classification, Control & Appeal) Rules, 1965 [CCS(CCA) Rules, 1965] and Central Civil Services (Pension) Rules, 1972 [CCS(Pension) Rules, 1972] and the instructions issued under these Rules wherein certain timelines have been prescribed for various activities/ events/ procedures relating to procedures under the said Rules, For instance, in the said Rules/instructions, time limits have been prescribed for the following: –

• Review of order of Suspension before its expiry date [Rule 10(6) of CCS(CCA) Rules, 1965]
• Submission of written statement of defence on the charge-sheet by the charged officer ISub Rule 4 in Rule 14 of CCS (CCA) Rules, 1965]
• issuance of charge-sheet once a decision is taken by the Disciplinary Authority to initiate Disciplinary proceedings.{DopTs 0. M. No. 425/04/2012-AVDIV(A) dated 29.11.2012],
• completion of Inquiry and submission of report by the Inquiring Authority [Sub rule (24) in Rule 14 of CCS (CCA) Rules, 1965]
• disciplinary proceedings initiated against a Pensioner shall not be in respect of an event which took place four years before such initiation,{Rule 9 of CCS(Pension) Rules, 1972]
• Acceptance of notice of VRS under Rule 48Aof CCS(Pension) Rules, 1972

(The list is only illustrative and not exhaustive)

2. Consequent upon the outbreak of COVID-19, and considering the unprecedented situation of the Lockdown w.e.f. 24th March 2020, it may not be feasible to adhere to the timelines prescribed in the said Rules and to the instructions issued under the Rules. It has accordingly been decided not to count the period of the Lockdown for the purposes of adherence to the prescribed timelines, including those listed above. For example, if the due date for completing a process/work/event at the start of the Lockdown falls after 20 days, then the due date will get postponed by the number of Lockdown days and the same number (20) of days will be available to complete the work after the Lockdown is lifted.

3. However, after the Lockdown is lifted, if the time left to complete the task is less than 15 days) then the processes may be allowed to be completed within 15 days.

4. In addition, timelines may have been prescribed for receipt of applications for direct recruitment, deputation, etc. Where the last date of receipt of application for direct recruitment, deputation etc. falls within the period of the Lockdown, the last date shall be extended by the number of days of the Lockdown. Similarly, the time limits prescribed in the CCS (Conduct) Rules, 1964, for various purposes shall also be extended by the number of days of the Lockdown.

5. These instructions are applicable only in such cases where there is an intervening Lockdown period and it will not be applicable otherwise.

Source: DoPT

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Latest DoPT Orders 2019

REMINDER

No.21011/01/2017 – Estt.A-II
Government of India
Ministry of personnel, Public Grievances and Pensions
Department of personnel & Training

North Block, New Delhi
Dated: 1st November 2019

Subject: Circulation of draft Central Civil Services (Performance Appraisal Report) Rules, 2019 – seeking comments of Ministries/ Departments

Please refer to this Department’s O.M. of even number dated 27.09.2019 circulating the draft Central Civil Services (Performance Appraisal Report) Rules, 2019 and seeking comments from all Ministries / Departments.

All Ministries / Departments are requested to furnish the comments / suggestions / modifications, if any, on the draft rules, to this Department latest by 15.11.2019 at the e-mail address jayashree.c@nic.in

Also check: DoPT Order: Recording of the Annual Performance Appraisal Report (APAR) for the 2017 – 18 financial year for CSS officers

(Jayashree Chellamani)
Under Secretary to the Govt. of India

To
All Ministries / Departments of the Government of India
(As per standard list)

Source: DoPT

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GOVERNMENT OF INDIA
DEPARTMENT OF PERSONNEL & TRAINING
MINISTRY OF PERSONNEL, PUBLIC
GRIEVANCES AND PENSIONS
NORTH BLOCK NEW DELHI -110001

D.O. No. 13017/4/2019-LTDP

Dated: June 6, 2019

Dear Madam / Sir,

The Lal Bahad ur Shastri National Academy of Administration, Mussoorie will be conducting the 26th Joint Civil Military (JCM) Training Programme on National Security from August 04 to 09, 2019. The participants for this programme will be drawn from the All India Services, Central Civil Services, Paramilitary Organisations and the Armed Forces. The participants are normally of a seniority equivalent to Joint Secretaries/ Directors to the Government of India in the Civil Services and Major General / Brigadier /Colonel in the Armed Forces.

2. The objectives of the programme are:

(i) To increase awareness of the different dimensions and elements of National Security;
(ii) To familiarize the participants with challenges to management of National Security, emerging external security environment, impact of globalization and internal security environment, etc;
(iii) To expose them to the imperatives of Civil-Military interface at Central, State and district level; and
(iv) To provide a forum for the participants to interact and exchange ideas on the subject.

3. In view of the above, I request you to nominate one IAS officer of requisite seniority (Principal Secretary/ Secretary to State Govt) for participating in this programme. In this connection, kindly refer to LBSNAA’s letter No. T-20011(13) /l /2019-Trg- MCTP dated April 30, 2019 addressed to Training Division, DoPT (Copy enclosed for ready reference). The nomination of the officer, with his/her full name, designation, address, telephone and fax number, e-mail, brief bio-data encapsulating his/her academic background and charges held may be sent directly to Course Co-ordinator, Ms. Alankrita Singh on the address given below, with intimation to the undersigned at the earliest preferably by 15th June, 2019:

Ms. Alankrita Singh, Deputy Director Sf. & Course Coordinator,
Lal Bahadhur Shastri National Academy of Administration (LBSNAA), Mussoorie-248 179 (Uttarakhand)
Telephone No.- 0135- 2222326, 0135- 2632581, Fax: 0135-2632350 / 2632720,
E-mail: alankrita.singh@nic.in; trg3.lbsnaa@nic.in

4. The nomination may also be sent bye-mail.

5. I would be grateful if the nomination is sent at the earliest preferably by 15th June, 2019. It is further requested that the officer may be released for participation in the above programme after obtaining confirmation from LBSNAA, Mussoorie.

To
Chief Secretaries/ Administrators to all State Governments/ Union Territories.

Source: DoPT

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Frequently Asked Questions (FAQs)
(Central Civil Services)

1. PENSION POLICY

(1.1) Which rules govern pension and gratuity to the employees retiring from Central Government Civil Departments.

Pension and gratuity of the employees retiring from Central Government Departments is regulated by the Central Civil Services (Pension) Rules, 1972. There are separate rules regarding pension and gratuity of Railway employees and Defence personnel.

(1.2) Is the date of voluntary retirement treated as duty?

Yes, the date of voluntary retirement is treated as duty (Rule 5).

(1.3) Who is eligible for pension?

A Govt. servant appointed in a pensionable establishment on or before 31.12.2003 and retires from Government service with a qualifying service of 10 years or more is eligible for
pension (Rule 2, 49).

(1.4) How is pension calculated?

W.e.f. 1.1.2006, pension is calculated @ 50% of emoluments (last pay) or average emoluments (for last 10 months), whichever is more beneficial to the retiring Govt. servant. (Rule 49).

(1.5) What happens to the departmental proceedings instituted against a Govt. servant during service and pending at the time of retirement? Can pension/gratuity be paid to a retiring, Govt. servant if Departmental/Judicial proceeding are pending against him at the time of retirement?

Department proceedings pending at the time of retirement are deemed to be the proceedings under Rule 9 and shall be continued and concluded by the same disciplinary authority and in the same manner. Thereafter, authority will submit a report recording its finding to the President. In such cases, only provisional pension is paid and gratuity is withheld till the conclusion of departmental proceedings and issue of final orders thereon
by the competent authority.

(1.6) Can Departmental proceedings be instituted after retirement?

Departmental proceeding can be instituted after retirement subject to following conditions:-
(a) Sanction of the President shall be obtained before instituting such proceedings;
(b) The proceedings shall not be in respect of any event which took place more than 4 years such institution;
(c) Proceedings shall be conducted by such authority and in such place or the President may direct and in accordance with rules applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Govt. servant during his service.

(1.7 ) When is departmental or judicial proceeding deemed to be instituted?

(a) Departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or is the Government servant has been placed under suspension from an earlier dated, on such date;
(b) Judicial proceedings shall be deemed to be instituted-
(i) In the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes contingence, is made, and
(ii) In the case of civil proceedings, on the date the plaint is presented in the
court.

(1.8) Can the pension/gratuity be withheld on conclusion of departmental/judicial proceedings?

The President reserves to himself 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 of 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, including service rendered upon re-employment after retirement. Power to withhold/withdraw pension/gratuity is with President and UPSC is required to the consulted before any final orders are passed.

(1.9) Which pay is reckoned as emoluments for pension and gratuity?

The basic pay as defined in FR 9 (21) (a) (i) is reckoned as emoluments for pension. However, Non- Practicing Allowance granted to Medical Officers is also included in emoluments. For the purpose of Retirement/ Death gratuity, Dearness Allowance admissible on the date of retirement/death is also treated as emoluments.

(1.10) Which pay is reckoned as emoluments for pension if the Government servant is on leave, suspension or deputation at the time of retirement?

(a) If a Government servant immediately before his retirement or death while in service had been absent from duty on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn had he not been absent from duty or suspended shall be the emoluments for the purposes of this rule. However, increase in pay (other than the increment) which is not actually drawn shall not form part of his emoluments.

(b) If a Government servant immediately before his retirement or death while in service had been absent from duty on extraordinary leave or had been under suspension, the period whereof does not count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the purposes of this rule.

(c) If a Government servant immediately before his retirement of death while in service, was on earned leave, and earned an increment which was not withheld, such increment, though not actually drawn, shall form part of his emoluments. However, such increment should have been earned during the currency of the earned leave not exceeding one hundred and twenty days, or during the first one hundred and twenty days of earned leave where such leave was for more than one hundred and twenty days.

(d) Pay drawn by a Government servant while on foreign service shall not be treated as emoluments, but the pay which he would have drawn under the Government had he not been on foreign service shall alone be treated as emoluments.

(1.11) Can a pension be withheld/withdrawn on grounds of misconduct after retirement?

Future good conduct is the implied condition for grant/continuance of pension. The appointing authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct.

(1.12) Can a pension, once authorized, be revised to the disadvantage of pensioner on grounds other than misconduct under Rule 8 and 9.

Except under Rule 8 and 9, pension once authorized after final assessment shall not be revised to the disadvantage of the Government servant, unless such revision becomes necessary on account of detection of a clerical error subsequently. No revision of pension to the disadvantage of the pensioner shall be ordered by the Head of Office without the concurrence of the Department of Pension and Pensioners’ Welfare if the clerical error is detected after a period of two years from the date of authorization of pension. The question whether it is a case of clerical error or not would be decided by the administrative Ministry.

(1.13) What is the formula for revision of pension of pre-2006 pensioner/family pensioner?

In terms of para 4.1 of OM No.38/37/08-P&PW(A) dated 1.9.2008, the pension/family pension will be consolidated w.e.f. 1.1.2006 by adding together (i) The existing pension/family pension,(ii) Dearness Pension, where applicable, (iii)Dearness Relief @24% of basic Pension/Basic Family Pension plus dearness pension as admissible vide OM No.42/2/2006-P&PW(G) dated 5.4.2006 and (iv) Fitment weightage @40% of the existing pension/family pension. Where the existing pension at (i) includes the effect of merger of 50% of DR w.e.f. 1.4.2004, the existing pension for the purpose of fitment weightage will be re-calculated after excluding the merged DR of 50% from the pension. The amount so arrived at will be regarded as consolidated pension/family pension w.e.f. 1.1.2006. The fixation of pension will be subject to the provision that the revised pension, in no case shall be lower than 50% of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the Govt. servant retired. The minimum of pay is the pay band/pay scale is to be reckoned in accordance with DoPPW OM No. 38/37/08-P&PW dated 30.07.2015.

(1.14) Whether all pre-2006 pensioners/family pensioners would get benefit under Department of Pension and Pensioners’ Welfare O.M. NO.38/37/08- P&PW (A) dated 28.1.2013 (now OM dated 30.07.2015)?

There will be no change in the pension of those pre-2006 pensioners whose pension (as revised with effect from 1.1.2006) is already equal to or more than this minimum limit mentioned in the OM dated 28.01.2013 and 30.07.2015. In the case of family pensioner also the minimum family pension as mentioned in Col.10 of the Annexure to the OM dated 28.1.2013 shall be payable if the amount of family pension (w.e.f. 01.01.2006) is equal to or more than this minimum family pension, the same family pension shall continue to be paid.

(1.15) What are the provisions regarding revision of pension of pre-2016 pensioners after 7th CPC?

Orders were issued vide OM No. 38/37/2016-P&PW(A) dated 04.08.2016 for revision of pension of pre-2016 pensioners by multiplying the pre-revised pension by a facor of 2.57. This was to be done by the Pension Disbursing Authorities/ Banks. Further orders were issued vide OM No. 38/37/2016-P&PW(A) dated 12.05.2017. As per this OM, the revised pension/family pension w.e.f 01.01.2016 of all Central Civil Pensioners/ family pensioners, including CAPF’s, who retired/died prior to 01.01.2016, shall be revised by notionally fixing their pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/ pay band and grade pay at which they retired/ died. This will be done by notional pay fixation under each intervening Pay Commission based on the Formula for revision of pay. While fixing pay on notional basis, the pay fixation formulate approved by the Government and other relevant instructions on the subject in force at the relevant time shall be strictly followed. 50% of the notional pay as on 01.01.2016 shall be the revised pension and 30% of this notional pay shall be the revised family pension w.e.f. 01.01.2016 as per the first Formulation. In this case of family pensioners who were entitled to family pension at enhanced rate, the revised family pension shall be 50% of the notional pay as on 01.01.2016 and shall be payable till the period up to which family pension at enhanced rate is admissible as per rules. The amount of revised pension/family pension so arrived at shall be rounded off to next higher rupee. The pension/ family pension already revised in accordance with this Department’s OM No. 38/37/2016-P&PW(A) (ii) dated 04.08.2016 or the revised pension/ family pension as worked out in accordance with OM dated 12.05.2017 shall be granted to pre-2016 central civil pensioners as revised pension/ family pension w.e.f. 01.01.2016. In cases where pension/ family pension being paid w.e.f. 01.01.2016 in accordance with this Department’s OM No. 38/37/2016-P&PW(A) (ii) dated 04.08.2016 happens to be more than pension/ family pension as worked out in accordance with para 4 above, the pension/ family pension already paid shall be treated as revised pension/ family pension w.e.f. 01.01.2016.

(1.16) Is any ready reckoner available for revision of pension of pre-2016 pensioners by notional pay fixation method?

A Concordance Table for fixation of notional pay of pension/ family pension of employee who retired/ died in various grades of Vth/ VIth CPC period has been prepared and circulated on 06.07.2017. These Concordance Tables are available on the website of this Department, i.e. http://doppw.gov.in/ and http://pensionersportal.gov.in

(1.17) Is there any online calculator available for fixation/ revision of pension?

A calculator for calculation/ revision of pension/ gratuity is available on the website of this Department, i.e. http://doppw.gov.in/ and http://pensionersportal.gov.in/

(1.18) What is the amount of minimum and maximum pension after Seventh CPC?

The pension shall not be less than Rs.9000/- (excluding the element of additional pension to old pensioners) and shall not be more than 50% of the highest pay in Government i.e Rs 1,25,000/- w.e.f. 01.01.2016.

(1.19) From where can we download the pension /nomination Forms ?

All forms are available at the website of Department of Pension & Pensioners Welfare.

(1.20) When can a Government servant apply for voluntary retirement?

Under Rule 48, a Government servant can apply for voluntary retirement after completion of 30 years of qualifying service. Under Rule 48-A, he can apply for voluntary retirement after completion of qualifying service of 20 years. Under FR 56 (k) he can apply for voluntary retirement an attaining the age of 50 years (for Gr. A & B) and 55 years (in other cases).

(1.21) Whether older pensioners will get higher rate of pension?

Yes, from 1.1.2006, the quantum of pension/family pension available to old
pensioners/family pensioners has been increased as follows:-
O.M.No. 38/37/08- P&PW(A) dated 2.9.2008 .

(1.22) Is additional pension admissible to old family pensioners also?

Yes, the rates related to additional pension as applicable in the case of old pensioners hold good for family pensioners, as well.

(1.23) Whether the provision of added years in qualifying service for computation of pension is still in force?

The benefit of added years of qualifying service for computation of pension/related benefits has been withdrawn w.e.f. 01.01.2006.

(1.24) Whether the provision of added years in qualifying service has been withdrawn for calculating gratuity also?

Yes, w.e.f. 01.01.2006.

(1.25) Whether the additional pension/family pension available to old pensioners would be payable from the date of attaining age of 80 years or above or from the first day of the month in which the date of birth falls?

The additional quantum of pension/family pension, on attaining the age of 80 years and above, would be admissible from the 1st day of month in which his date of birth falls. For example, if a pensioner/family pensioner completes age of 80 years in the month of August, 2008, he will be entitled to additional pension/family pension w.e.f. 1.8.2008. Those pensioners/family pensioners whose date of birth is 1st August, will also be entitled to additional pension/family pension w.e.f. 1.8.2008 on attaining the age of 80 years and above.

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Frequently Asked Questions (FAQs)
(Central Civil Services)

6. PENSION PROCEDURE

(6.1) What is the meaning of the following terms?
(a) Pension Disbursing Authority
(b) Pension Sanctioning Authority
(c) PPO Issuing Authority

(a) Pension Disbursing Authority : Bank Branch/Treasury/Post/PAO Office paying your pension
(b) Pension Sanctioning Authority: The authority who sanctioned your pension before forwarding the case to Accounts.
(c) PPO Issuing Authority: Generally, the Pay & Account Officer is the PPO issuing authority.

(6.2) What should a Government servant do to claim his pension?
During service each Govt. servant should satisfy himself that service is being verified and recorded so in the service book and that there are no gaps in this. He should also ensure that nomination for all payments due to him are current and valid. Six months prior to the retirement date, a Government servant is required to furnish certain information (e.g. joint photo with spouse, family details, name of the branch of the authorized bank through which he desires to draw his pension etc.) to his Head of Office in the prescribed Form No. 5. The Head of Office is required to undertake the work of preparation of pension papers in Form No. 7 one year before the date on which a Government servant is due to retire on superannuation. After complying with the requirements of CCS Pension Rules 59 & 60, the Head of Office has to forward to the Pay & Accounts Officer Form 5 and Form 7 duly completed with a covering letter in Form 8 along with service book of the Government servant duly completed up-to-date and any other documents relied upon for the verification of service, not later than six months before the date of retirement of the Government servant.

(6.3) Who is to authorize the pension?
On receipt of pension papers from Head of Office, the Pay & Accounts Officer concerned will, after applying requisite checks, assess the amount of pension and issue the Pension Payment Order (both halves of Pension Payment Order, i.e. disburser’s portion and pensioner’s portion) not later than one month in advance of the date of retirement of the Government servant with forwarding authority letter, duly inksigned and embossed, to Central Pension Accounting Office (CPAO) who in turn will generate on computer a Special Seal Authority on the basis of details given in the Pension Payment Order and authority letter of the Pay & Accounts Officer and forward disburser’s half of PPO with Special Seal Authority to the Central Pension Processing Centre (CPPC) of the concerned authorized Bank. The Pay & Accounts officer after ascertaining that the special seal of authority has been issued shall send pensioners’ half of PPO to be handed over to the retiring employee. However, if the employee opts to take the PPO from bank, both halves shall be sent to CPAO. All records will be maintained in the CPPC and the disbursing branch, will make the payments to the pensioner on authorization of payment of pension by the CPPC. The CPPC however is only the back office for processing pensions, all pension related problems/grievances of the pensioners will continue to be handled by the concerned paying branch as before.

(6.4) What is to be done in case the pension has not been fixed correctly?
The Pay & Accounts Officer while issuing the pension authorization will forward one copy of the pension calculation sheet (out of three received by him from the Head of Office) as certified by the Head of Office and countersigned by him (Pay & Accounts Officer) to the pensioner along with the intimation of his having sent the pension payment authority/PPO to the CPAO. In case it is found from the pension calculation sheet that pension has been fixed incorrectly, the matter may be taken-up with the Head of Office. PAO concerned, if necessary, will issue an amendment authority letter to Central Pension Accounting Office for onward transmission to the CPPC to carry out necessary amendments in both halves of PPO.

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No.31011/3/2018-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-110 001
Dated: September 20, 2018

Office Memorandum

Subject:- Central Civil Services (Leave Travel Concession – LTC) Rules, 1988 – Relaxation to travel by air to visit North East Region, Jammu & Kashmir and Andaman & Nicobar – extension beyond 25.09.2018.

The undersigned is directed to refer to this Department’s O.M. No.31011/3/2014 – Estt.A-IV dated 19.09.2016 on the subject noted above and to say that in relaxation to CCS (LTC) Rules, 1988, the scheme allowing Government servants to travel by air to North East Region (NER), Jammu and Kashmir (J&K) and Andaman & Nicobar Islands (A&N) is extended for a further period of two years, w.e.f. 26th September, 2018 till 25th September, 2020 as under:

(i) LTC for visiting NER, J&K and A&N in lieu of a Home Town LTC.

(ii) Facility of air journey to non-entitled Government servants for visiting NER, J&K and A&N.

(iii) Permission to undertake journey to J&K, NER and A&N by private airlines.

2. The above special dispensation is subject to the following terms & conditions:

(i) All eligible Government servants may avail LTC to visit any place in NER / A&N/ J&K against the conversion of their one Home Town LTC in a four year block.

(ii) Government servants, whose Home Town and Headquarters/place of posting is the same, are not allowed the conversion .

(iii) Fresh Recruits are allowed conversion of one of the three Home Town LTCs in a block of four years, applicable to them.

(iv) Government servants entitled to travel by air may avail this concession from their Headquarters in their entitled class of air by any airlines subject to the maximum fare limit of LTC-80.

(v) Government servants not entitled to travel by air are allowed to travel by air in Economy class by any airlines subject to the maximum fare limit of LTC-80 in the following sectors:

(a) Between Kolkata/Guwahati and any place in NER.

(b) Between Kolkata/ChennaiNisakhapatnam and Port Blair.

(c) Between Delhi/Amritsar and any place in J&K.

Journey for these non-ntitled employees from their Headquarters up to Kolkata/ Guwahati/ Chennai/ Visakhapatnam/ Delhi/ Amritsar shall be undertaken as per their entitlement.

(vi) Air travel by Government employees to NER, J&K and A&N as mentioned in para

(iv) and (v) above is allowed whether they avail the concession against Anywhere in India LTC or in lieu of the Home Town LTC as permitted.

(vii) Air Tickets are to be purchased directly from the airlines (Booking counters, website of airlines) or by utilizing the service of Authorized Travel Agents viz. ‘M/s Balmer Lawrie & Company’, ‘M/s Ashok Travels & Tours’ and ‘IRCTC‘ [to the extent IRCTC is authorized as per DoPT’s O.M. No. 31011/6/2002- Estt.(A) dated 02.12.2009] while undertaking LTC journey . Booking of tickets through other agencies is not permitted and no request for relaxation of rules for booking the tickets through such agencies shall be considered by this Department.

3. Efforts should be made by the Government servants to book air tickets at the cheapest fare possible. All the Ministries/ Departments are advised to bring it to the notice of all their employees that any misuse of LTC will be viewed seriously and the employees will be liable for appropriate action under the rules. In order to keep a check on any kind of misuse of LTC, Ministries/ Departments are advised to randomly get some of the air tickets submitted by the officials verified from the airlines concerned with regard to the actual cost of air travel vis-a-vis the cost indicated on the air tickets submitted by the officials .

4. In so far as the employees of Indian Audit and Accounts Department are concerned, this order issues after consultation with Comptroller & Auditor General of India.

sd/-
(Surya Narayan Jha)
Under Secretary to the Govt. of India

Source: dopt.gov.in

The post DoPT: Central Civil Services (Leave Travel Concession) Rules, 1988 – Relaxation to travel by air to visit North East Region, Jammu & Kashmir and Andaman & Nicobar – extension beyond 25.09.2018. appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.