No.22034/4/2012-Estt (D-II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi
Dated the 23rd January, 2014

OFFICE MEMORANDUM

Subject : Comprehensive review of instructions pertaining to vigilance clearance for promotion – clarifications – regarding

The undersigned is directed to refer to the Department of Personnel & Training O.M. of even number dated 2.11.2012 on ‘Comprehensive review of instructions pertaining to vigilance clearance for promotion’, wherein, inter alia, it has been laid down in Para 9, as under:

“For the purpose of vigilance clearance for Review DPC, instructions exist in O.M. No.22011/2/99-Estt(A) dated 21.11.2002 that review DPC will take into consideration the circumstances obtaining at the time of original DPC and any subsequent situation arising thereafter will not stand in the way of vigilance clearance for review DPC. However, before the officer is actually promoted it needs to be ensured that he/she is clear from vigilance angle and the provision of para 7 of O.M. No.22011/4/91- Estt.(A) dated 14.09.1992 are not attracted”.

2. This Department has been receiving references seeking clarification on grant of promotion in case of review DPC with regard to the official who is clear from vigilance angle on the date of promotion of the junior in the original DPC but subsequently attracts the provisions contained in para 2 of DoPT OM dated 14.09.92.

3. The matter has been examined in consultation with the Department of Legal Affairs and it is further clarified that, in the case of a review DPC, where a junior has been promoted on the recommendations of the original DPC, the official would be considered for promotion if he/she is clear from vigilance angle on the date of promotion of the junior, even if the provisions of para 2 of DoPT OM dated 14.9.92 get attracted on the date the actual promotion is considered, as provided in DoPT O.M. No.22011/2/99-Estt (A) dated 21.11.2002.

4. In cases, where the junior is not promoted, it is to be ensured that the provisions of para 7 of OM dated 14.9.1992 are not attracted on the date the official is being actually promoted.

sd/-
(Arunoday Goswami)
Under Secretary to the Govt. of India

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/22034_4_2012-Estt.D-II-23012014.pdf]

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No. 1/31/2013-IR

Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 8th January, 2014

OFFICE MEMORANDUM

Subject: Order dated 20.11.2013 of the High Court of Kolkata in Writ Petition No 33290 of 2013 in the case of Mr Avishek Goenka Vs Union of India regarding personal details of RTI applicants circulation of.

In compliance of the directions of the Hon’ble High Court of Kolkata in its said order, a copy of the judgement (order) is enclosed here with for appropriate action.

2. This may be brought to the notice of all concerned.

sd/-
(Sandeep Jain)
Director

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/1_31_2013-IR.pdf]

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F.No.7/7/2008-CS.I(A)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

Lok Nayak Bhawan, New Delhi
Dated the 3rd January, 2014.

Office Memorandum

Subject : Fixation of Pay of Assistants of CSS in the Revised Pay structure as per the CCS (Revised Pay) Rules, 2008 – Clarification regarding.

The undersigned is directed to say that references are still being received from Ministries/Departments regarding fixation of pay of Assistants in the revised pay structure. In this connection OM of even number dated 22.12.2010, enclosing there with Department of Expenditure UO No.10/1/2009-IC dated 14.12.2009, refers.

Instructions issued by this Department have to be read along with the under mentioned Rules and orders (as clarified, wherever required):

(i) Department of Expenditure’s OM No.1/1/2008-IC dated 30th August, 2008, para 2(ii)

“The tables in Annex-I will be applicable in cases where normal replacement pay scales have been approved by the Government. In cases of upgaradation of posts and merger of pre-revised pay scales, fixation of pay will be done as prescribed in Note 2A and 2B below Rules 7(1) and in the manner indicated in illustrations 4A …..“

(Therefore in the case of Assistants of CSS who have been given the upgraded post, the fixation of pay is to be done as prescribed in Note 2A below Rules 7(1) of CCS(RP) Rules, 2008)

(ii) Note 2A below Rule 7 of CCS(RP) Rules, 2008

“Where a post has been upgraded as a result of the recommendations of the Sixth CPC…. the fixation of pay in the applicable pay band will be done in the manner prescribed in accordance with Clause (A) (i) and (ii) of Rule 7 by multiplying the existing basic pay as on 1.1 .2006 by a factor of 1.86 and rounding the resultant figure to the next multiple of ten. The grade pay corresponding to the upgraded scale will be payable in addition. Illustration 4A in this regard is in the Explanatory memo to these Rules”.

(iii) Rule 11 of CCS (Revised Pay) Rules, 2008

“11. Fixation of pay in the revised pay structure subsequent to the 1st day of January, 2006. – Where a Government servant continues to draw his pay in the existing scale and is brought over to the revised pay structure from a date later that the 1st day of January 2006, his pay from the later date in the revised pay structure shall be fixed in the following manner :-

(i) Pay in the pay band will be fixed by adding the basic pay applicable on the later date, the dearness pay applicable on that date and the pre revised dearness allowance based on rates applicable as on 1.1.2006. This figure will be rounded off to the next multiple of 10 and will then become the pay in the applicable pay band. In addition to this, the grade pay corresponding to the pre-revised pay scale will be payable….”

(The fitment tables given in the Annex-I to the Department of Expenditures OM dated 30.8.2008 are to be used for pay fixation as done on 1.1.2006 only and incase of normal replacement pay scales as per para 2(i) and para 2(u) respectively of the aforesaid OM For fixation of pay in the revised pay structure subsequent to 1.1.2006, the Rule 11 of CCS(RP) Rules, 2008 refers).

2. The issue of fixation of pay with references to the pre-revised pay scale of Rs.7450-11500 and payment of arrears was taken up by Establishment Division of this Department with Department of Expenditure. A clarification dated 10.12.2013 issued by Estt (Pay) is enclosed.

3. It is further clarified that inclusion in the Select List does not ante date the seniority of the officers. However, the Select Lists as specified in this Departments OM No.6/3/2009CS.I(S) dated 9.7.20 10 may be deemed to be effective from 1st July of the year of the Select List, for the purpose of fixation of pay on notional basis only.

sd/-
(Parminder Singh)
Under Secretary to the Government of India

No. 961840/2013-Estt. (Pay-I)
D/o Personnel & Training
Establishment (Pay-I) Section

Vide the U.0. dated the 14th December, 2009, D/o Expenditure had allowed fixation of pay with reference to the pre-revised pay scale of Rs.7450-11500 to those promoted as Assistants / PAs between 1.1.2006 to 31.8.2008. They were, however, not allowed arrears from 1.1.2006 till the date of their promotion, as they had come over to the revised pay on the date of their promotion.

2. Seniors to such promotee Assistants / PAs, however, were subsequently allowed stepping up of their pay with reference to these officials. Such senior officials were also not allowed arrears on the ground that the officials with reference to whom they had got their pay stepped up were also not entitled toso.

3. The issue has been reconsidered in consultation with D/o Expenditure as this amounts to compelling the senior official, who was already serving as Assistant /PA prior to 1.1.2006 and opted for fixation of his pay under revised pay rules from 1.1.2006, to opt for revised pay structure from the date of stepping up with the junior.

4. It is, therefore, clarified that the senior is entitled to arrears of pay from the date he opted to come over to the Revised Pay Scales till the date of stepping up of pay. These will be paid on the basis of pay actually fixed as on 1. 1.2006.

5. The CS Divisions are, therefore, advised to issue a clarification in respect of similarly placed persons in CSS / CSSS.

sd/-
(Mukesh Chaturvedi)
Deputy Secretary (Pay)
December 10, 2013

Source: www.pesmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/pay1.pdf]

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Joining Time Rules

SI. No. / Frequently asked Questions / Answer

1. Whether Joining time / Joining Time pay is admissible in case of technical resignation of a Government servant to join another Government organization?

For appointment to posts under the Central Government on the results of a competitive examination and or interview open to Government servants and others, Central Government employees and permanent/provisionally permanent State Government employees will be entitled to joining time.
A Government servant shall be treated on duty during the period of joining time and shall be entitled to joining time pay equal to the pay and allowances like DA, HRA, CCA, drawn before relinquishment of charge at the old post. But temporary Central Government employees with less than 3 years of regular continuous service, though entitled to joining time would not be entitled to joining time pay. {Rule 4 (4) of CCS(JT) Rules}

2. When can the unutilized joining time be credited as Earned Leave?
Rule 6 (1) of the CCS (Joining Time) Rules provides that when a Government servant joins a new post without availing full joining time by reasons that—

(a) he is ordered to join the new post at a new place of posting without availing of full joining time to which he is entitled; or

(b) he proceeds alone to the new place of posting and joins the post without availing full joining time and takes his family later within the permissible period of time for claiming Travelling Allowance for the family, then the number of days of joining time admissible under sub-rule (4) of Rule 5 of the Central Civil Services (JT) Rules, 1979, subject to a maximum of 15 days reduced by the number of days of joining time actually availed of shall be credited to his leave account as earned leave.

3. Whether joining time can be combined with leave?
Rule 6(2) of the CCS (Joining Time) Rules provides that Joining time may be combined with vacation and/or regular leave of any kind or duration except casual leave.

Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Allowance-25032013.pdf]

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Establishment (Leave) Section

General entitlement of leave

Sl. No. / Frequently Asked Question / Answer
1. What is the maximum period of leave of any kind which can be allowed to a Government servant? What is the impact if such limit is exceeded?
No. Government servant shall be granted leave of any kind for a continuous period of 5 years {Rule 12(1))
Normally, absence from duty, with or without leave, for a continuous period exceeding 5 years other than on foreign service, implies that such Government servant has deemed to have resigned from Government service. {Rule 12(2))

2. What are the leave entitlements of Govt. servants serving in a vacation Department?
The rule 28 of the CCS (Leave) Rules, 1972 which came into effect from 1.9.2008 regulates the grant of Earned Leave for persons serving in the Vacation Department. The said rule provides for as follows:-

(1) (a) A Government servant(other than a military officer) serving in a Vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation.

(b) In respect of any year in which a Government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation: Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service.

(c) If, in any year, the Government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under rule 26.

• For the purpose of this rule, the term `year’ shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department.

• A Government servant entitled to vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation: Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation.

• When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty.

• As per Rule 29(1) the half pay leave account of every Government servant (other than a military officer shall be credited with half pay leave in advance, in two instalments of ten days each on the first day of January and July of every calendar year. This is subject to conditions laid down in OM No. 13013/2/2008-Estt.(L) dated 11-11-2008.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

No. 21011/08/2013-Estt(AL)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
*****
Establishment (Leave) Section

General entitlement of leave

Sl. No. / Frequently Asked Question / Answer
1. What is the maximum period of leave of any kind which can be allowed to a Government servant? What is the impact if such limit is exceeded?
No. Government servant shall be granted leave of any kind for a continuous period of 5 years {Rule 12(1))
Normally, absence from duty, with or without leave, for a continuous period exceeding 5 years other than on foreign service, implies that such Government servant has deemed to have resigned from Government service. {Rule 12(2))

2. What are the leave entitlements of Govt. servants serving in a vacation Department?
The rule 28 of the CCS (Leave) Rules, 1972 which came into effect from 1.9.2008 regulates the grant of Earned Leave for persons serving in the Vacation Department. The said rule provides for as follows:-

(1) (a) A Government servant(other than a military officer) serving in a Vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation.

(b) In respect of any year in which a Government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation: Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service.

(c) If, in any year, the Government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under rule 26.

• For the purpose of this rule, the term `year’ shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department.

• A Government servant entitled to vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation: Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation.

• When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty.

• As per Rule 29(1) the half pay leave account of every Government servant (other than a military officer shall be credited with half pay leave in advance, in two instalments of ten days each on the first day of January and July of every calendar year. This is subject to conditions laid down in OM No. 13013/2/2008-Estt.(L) dated 11-11-2008.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

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SI.No. / Frequently asked Questions / Answer

1. Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?

Leave on medical grounds may be allowed  on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in cases.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

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Click to view the Anneuxure-I

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/RTPAsstt12.pdf]

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