No.12(2)/2020/ E.II.A
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
Dated 25th November, 2020

OFFICE MEMORANDUM

Subject:- Clarification regarding queries being received in respect of Special Cash Package equivalent in lieu of Leave Travel Concession Fare for Central Government Employees during the block 2018-21 (FAQ No.3)

The undersigned is directed to say that this Department has been receiving a number of queries relating to Special Package equivalent in lieu of Leave Travel Concession Fare for Central Government Employees during the block 2018-21 announced by the Government on 12th October, 2020. Two sets of frequently asked questions have already been clarified vide this Department’s OM of even no. dated 20th October, 2020 and 10th November, 2020 are available on this Department’s website viz. doe.gov.in.

FinMin Order – Special cash package equivalent in lieu of Leave Travel Concession Fare for Central Government Employees during the Block 2018-21

2. A further set of frequently asked questions have been clarified and is attached herewith at Annexure below.

3. This issues with the approval of Secretary (Exp.).

All Ministries/ Departments of the Government of India

(S.Naganathan)
Deputy Secretary (E.II.A)

FAQ 3 on LTC Cash Voucher Scheme

FinMin Order – Grant of Festival Advance to Central Government Employees

Source: DoE

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No. 12(2)/2020- E.II(A)
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
Dated 10th November, 2020

OFFICE MEMORANDUM

Subject: Clarification regarding queries being received in respect of Special cash package equivalent of Leave Travel Concession Fare for Central Government Employees during the Block 2018-21 (FAQ No. 2).

The undersigned is directed to say that this Department has been receiving a number of queries relating to Special Package equivalent in lieu of Leave Travel Concession Fare for Central Government Employees during the Block 2018-21 announced by the Government on 12th October, 2020. A set of frequently asked questions have already been clarified vide this Department’s O.M. of even No. dated 20th October, 2020 and is available on this Department’s website viz. doe.gov.in.

FinMin Order – Special cash package equivalent in lieu of Leave Travel Concession Fare for Central Government Employees during the Block 2018-21

2. A further set of frequently asked questions have been clarified and are attached herewith at Annexure -‘A’.
3. This issues with the approval of Competent Authority.

(S.Naganathan)
Deputy Secretary E.II(A)

All Ministries /Departments of the Government of India

FAQ NO 2

FAQ ON LTC CASH VOUCHER SCHEME

1. An employee whose workplace and hometown are same and is eligible for only one all India LTC in one Block Year. If that LTC is exhausted, will he be eligible for this scheme?

No. The scheme is in lieu of one LTC available during the block year.

2. If an employee does not have enough leave or less than the minimum balance of 40 days which is required in his leave account and avail leave encashment for LTC, whether he will be eligible for leave encashment in this scheme?

Leave encashment is to be in accordance with LTC Rules. The employee can however avail the benefit of scheme without the leave encashment if such encashment is not available.

3. If an employee has already availed hometown LTC (only for self) for 2018-19 along with leave encashment, can he now claim LTC cash voucher scheme with LTC for self from block year 2020-21 and for remaining family members from block 2018-19?

Yes. He can claim leave encashment as per the scheme provided it does not exceed the maximum limit of 60 days eligible for encashment.

4. If both husband and wife are working in the central government, if one is availing LTC cash voucher scheme for self and spouse and also taking LTC leave encashment, then can the spouse avail LTC leave encashment separately?

Yes

5. If an employee avails only deemed LTC fare without leave encashment, and spends less than or equal to three times of the deemed fare entitlement, how much reimbursement will he get?

Reimbursement will be on pro-rata basis.

6. Whether purchase of goods/ services on loan/EMI, will be covered under this scheme?

Purchase of any goods or services which attract GST of 12% and above qualify for reimbursement under this scheme. Purchases on EMI basis are also permissible. The purchase should have been effected after the issue of the order i.e. 12.10.2020 and should have an invoice.

7. For those officials having three Hometown LTCs and one all India LTC, can they avail special cash package for year 2020 in 2021 (upto 31.03.2021) and avail LTC for 2021 also in 2021?

The scheme is valid up to 31.3.2021 and is in lieu of the available LTC. An official may avail LTC for 2021 in 2021 provided the same has not been foregone in lieu of the benefits of the said scheme.

8. If a fresh recruit who is governed by LTC Rules for New Recruits is in his 8th year after recruitment opts for this scheme, can he submit bills having date of January-March 2021?

Yes, but one block year of LTC/ or one LTC to be foregone to avail the benefits of the Special Scheme.

9. Since the fresh recruits are not allocated block year, can they avail this scheme?

Yes

10. Can the payment be made by cheque /DD / Banker’s Cheque/ NEFT/ RTGS?

Yes

11. If a defence employee wants to buy a car from defence canteen, attracting only 14% GST as against 28% GST in the market, can he avail this scheme?

As per scheme Goods & Services attracting GST of 12% or more can be purchased.

12. If an employee has already exhausted 60 days of Leave Encashment, can he further avail 10 days Leave Encashment?

No. He can avail only deemed fare value.

13. If an employee is availing Cash scheme against year 2018-19 (extended till 31.12.2020), can he submit bills from January, 2021 to March, 2021?

Yes, provided the transactions occurred on or after 12.10.2020 and bills are submitted before 31.03.2021.

14. If a child is less than 5 year old then he is not eligible for rail fare, will he be counted as a dependent for this scheme?

Yes. Provided the child is eligible as a dependent in accordance with LTC Rules.

15. Is this scheme applicable to the Autonomous Bodies?

Autonomous Bodies can adopt the scheme provided they are already implementing LTC scheme similar to the Central Government’s Scheme, before 12.10.2020.

16. Whether any advance will be given like LTC advance?

Please refer to para 4 Of Ministry of Finance, Department of Expenditure OM No.12(2)/20 /E-IIA dated 12.10.2020. It has been stated that an amount up to 100% of leave encashment and 50% of the value of deemed fare may be paid as advance into the bank account of employee.

17. Whether we can purchase different items under this scheme like we purchase washing machine, mobile, AC or not?

Yes. An individual can purchase different items which attract GST of 12% and more. The payment should be made through digital mode.

18. I availed home LTC in 2019. What is my eligibility position for LTC cash voucher scheme?

This scheme is for the LTC block of 2018-21. Normally, a block contains two LTC fare [home town and anywhere in India]. If one has been availed and the other remaining, the same can be utilized for this purpose. Any unutilized LTC of the block of 2018-21 is eligible.

19. How spending of 3 to 4 times on purchasing of products will be tracked? Will purchase made online from e-commerce website be acceptable?

Any purchase with digital mode is to be supported by invoice. Based on production of invoice the spending is calculated. The intention of this scheme is to encourage every mode of purchase. It is for the employee to choose a suitable digital mode.

20. I purchased certain items after 12.10.2020 but before formally exercising my option. Can it be counted for reimbursement?

All eligible purchases on or after 12.10.2020 and before 31.3.2021 can be counted.

21. Whether the advance taken under the scheme is to be settled within 30 days of disbursal of advance as stipulated under LTC rules. Can receipt be in the name of any dependent?

The Special Cash Package Scheme in lieu of one LTC is to compensate and incentivise consumption by Government Employees and the benefits can be availed up to 31.03.2021. Para 4 of O.M. dated 12.10.2020 provides for advance to Government employees in lieu of LTC fare and Leave encashment. As this is a Special Cash Package, the rules relating to advance taken under LTC are not applicable in the present scheme. Accordingly it is clarified that:

(i) The advance taken under the scheme shall be settled on or before 31st March 2021, and

(ii) the invoices of the goods and services purchased as per the scheme may be in the name of spouse or any family member who are eligible for LTC Fare as declared in the Service records.

FAQ 1 – CLICK HERE

FinMin Order – Grant of Festival Advance to Central Government Employees

Source: DoE

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No. 12 2/2020 – E.II A
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
Dated 20th October, 2020

Office Memorandum

Subject: Clarification regarding queries being received in respect of Special cash package equivalent in lieu of Leave Travel Concession Fare for Central Government Employees during the Block 2018-21

The undersigned is directed to refer to this Department’s O.M of even no. dated 12th October, 2020 and to say that this Department has been receiving queries seeking clarification relating to Special package equivalent in lieu of Leave Travel Concession Fare for Central Government Employees during the Block 2018-21 announced by the Government. A statement giving answers/ clarifications to the queries is attached as annexure to this O.M.

FinMin Order – Special cash package equivalent in lieu of Leave Travel Concession Fare for Central Government Employees during the Block 2018-21

2. This issues with the approval of Secretary Expenditure.

S.Naganathan
Deputy Secretary, E.II A

FAQ on LTC Cash Voucher Scheme

FinMin Order – Grant of Festival Advance to Central Government Employees

Source: DoE

The post FAQ on LTC Cash Voucher Scheme – LTC Fare for Central Government Employees during the Block 2018-21 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

This wonderful opportunity will draw to a close very soon. The Government has issued permission to travel by air to the NORTH-EAST REGION until 30.04.2014 and to JAMMU & KASHMIR until 17.06.2014. 

The post LTC – Will Air Travel Continue for the Next 2 Years? appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

CENTRAL POLLUTION CONTROL BOARD
(Ministry of Environment & Forests, Govt. of India)
Parivesh Bhawan, East Arjun Nagar,
Delhi-110 032

No.C-22013/113/90 Admn.(P)/2342

30th Oct, 2013

CIRCULAR

The instances have come to the notice, where employees apply for LTC and proceed without sanction of LTC as well as the leave. It has also been noticed in some of the cases that the Divisional Head (Leave Sanctioning Authority) has only recommended the leave which does not mean the leave is granted. For proceeding on LTC it is informed to all that without grant of leave and sanction of LTC an employee cannot proceed on LTC.  The Member Secretary, Central Board has viewed it very seriously and following instructions are issued for information and for strict compliance by all the employees;

(a) Without issue of LTC order as well as leave sanction order an employee shall not proceed for LTC.

(b)  Even if, LTC is not applied, an employee shall not leave their Head Quarter without sanction of the leave order.

(c) The employees are advised that they should well plan their LTC programme before applying for the same and the leave must be granted by the concerned Divisional Heads/ Incharge Zonal Offices.

(d) The intended place of visit (other than declared home town) should be well decided before applying the LTC.

(e) Once the LTC is sanctioned, only genuine request beyond the control of the employee, for preponement/postponement or cancellation whatsoever will be considered by the Competent Authority.

(f)  Employee must enquire the correct fare per ticket of their entitled class from Railways or Airlines for the intended place of visit, before applying for LTC.

(g) When no advance is taken, the LTC claim should be submitted within three months from the completion of return journey. Otherwise, the claim will be forfeited.

(h)  When advance is taken, the claim should be submitted within one month from the date of return journey. If not, the outstanding advance will be recovered in one lumpsum and the claim will be treated as one where no advance is sanctioned. Further, panel interest @ 2% over & above of CPF interest on the entire advance from the date of drawal to the date of recovery will be charged.

(i)  When claim submitted within stipulated time but unutilized portion of advance not refunded, interest is chargeable on that amount from the date of drawl to the date of recovery.

(j)  When a part of the advance becomes excess drawl due to genuine reasons beyond the control of the employees, the Competent Authority, if satisfied, exempt charging of interest.

This issues with the approval of the Competent Authority, Central Pollution Control Board.

sd/-
(R. D. Pandey)
Administrative Officer (P)

Source: www.cpcb.nic.in
[http://www.cpcb.nic.in/employee/Circular_LTC_30102013.pdf]

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Whether encashment of leave is allowed after LTC is availed?

Whether encashment of leave with LTC can be availed at the time when the LTC is availed by the Government servant only or can leave be encashed at the time when LTC is availed by family members?

Whether leave encashment should be revised on retrospective revision of pay/D.A?

Whether encashment of Earned Leave and Half Pay Leave is admissible to industrial employees?

Leave Encashment with LTC

SI. No. / Frequently asked Questions /Answer
1. Whether encashment of leave is allowed after LTC is availed?
Sanction of leave encashment should, as a practice, be done in advance, at the time of sanctioning the LTC. However, ex-postfacto sanction of leave encashment on LTC may be considered by the sanctioning authority as an exception in deserving cases within the time limit prescribed for submission of claims for LTC.

2. Whether encashment of leave with LTC can be availed at the time when the LTC is availed by the Government servant only or can leave be encashed at the time when LTC is availed by family members?
Yes. A Govt. servant can be permitted to encash earned leave upto 10 days either at the time of availing LTC for himself or when his family avails it provided other conditions are satisfied.

3. Whether leave encashment should be revised on retrospective revision of pay/D.A?
In terms of 38-A of CCS(Leave) Rules, encashment of EL alongwith LTC is to be calculated on pay admissible on the date of availing LTC and DA admissible on that date. If pay or DA admissible has been revised with retrospective effect, going by the rule the Govt. servant would be entitled to encashment of Leave on the revised rates.

4. Whether encashment of Earned Leave and Half Pay Leave is admissible to industrial employees?
The Industrial employees, other than those under the cadre control of the Ministry of Railways, are entitled to encash both Earned Leave and Half Pay Leave, subject to overall limit of 300. The cash equivaleant of Half Pay Leave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefits payable. But no commutation of Half Pay Leave shall be allowed to make up for the shortfall in Earned Leave and these orders are effective from 07-11-2006. {OM No. 12012/3/2009- Estt.(L) dated 28-12-2012}.

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

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Frequently Asked Questions (FAQS) on the Policy of Reservation to SCs STs and OBCs :

Q.1 : What is the Government on reservation for SCs, STs and OBCs?

And; Reservation to the SCs. STs and OBCs in case of direct recruitment on all India basis by open competition is given at the rate of 15%, 7.5% and 27% respectively. In case of direct recruitment on all India basis otherwise than by open competition, reservation for SCs. STs and OBCs is 16.66%, 7.5% and 25.84% respectively. In case of direct recruitment to Group C and D posts which normally attract candidates from a locality or a region, percentage of reservation for SCs/STs is generally fixed in proportion to the population of SCs and STs in the respective States/UTs. For OBCs it is fixed keeping in view the proportion of their population in the concerned State/UT and the fact that total reservation for SCs/STs/OBCs remains within the limit of 50% and reservation for OBCs remains within the limit of 27%.

Reservation in promotion by non-selection method is available to SCs and the STs in all groups of services viz. A, B, C and D at the rate of 15% and 7.5% respectively. In case of promotion by selection method reservation is available upto the lowest rung of Group ‘A’ at the same rates.In promotion by selection to posts within Group ‘A’ which carry an ultimate salary of Rs. 18,300/- or less (in pre-revised scale), there is no reservation, but the Scheduled Caste/Scheduled Tribe officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is to be drawn up, would be included in that list provided they are not considered unfit for promotion.

Q.2 What are the key provisions of Reservation Policy?

Ans: Following are the key provisions of Policy of Reservation for SCs, STs and OBCs:

(i) SCs/ STs get reservation in all groups of posts under the Government in case of direct recruitment and in case of promotions made by non-selection method. In case of promotions made by selection, reservation is available to them when promotions are made in Group B, C, D posts and from Group B to the lowest rung in Group ‘A’ posts.

(ii) SC/ST/OBC candidates appointed by direct recruitment and SC/ST candidates also promoted on their own merit are adjusted against unreserved posts.

(iii) In promotion by selection to posts within Group ‘A’ which carry an ultimate salary of Rs. 18,300/- or less (pre-revised), there is no reservation, but the Scheduled Caste/Scheduled Tribe officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is to be drawn up, would be included in that list provided they are not considered unfit for promotion.

(iv) There is a general ban on dereservation of posts in case of direct recruitment.

(v) In case of direct recruitment various relaxations, like relaxations in age limit by 5 yerar; exemption from payment of examination/application fees; relaxation in qualification of experience at the discretion of UPSC/competent authority; relaxation in standard of suitability, etc. are available to members of SCs and STs.

(vi) In case of direct recruitment, OBCs get relaxation of 3 years in upper age limit, relaxation in standards of suitability, etc.

(vii) In case of promotion, zone of consideration is extended upto five times the number of vacancies in case suitable candidates are not available within normal zone of consideration; minimum qualifying marks/ standards of evaluation are relaxable; upper age limit is relaxable by five years where upper age limit for promotion is prescribed not more than 50 years.

(viii) There is a provision of appointment of liaison officers in all Ministries/ Departments to ensure proper implementation of reservation policy.

Q. 3: What are the relaxations available to SCs/STs?

Ans:The relaxations that are available for the SCa and STs in direct recruitment are as follows:-
a) Relaxation in the upper age limit by five years;
b) Exemption from payment of examination / application fees;
c) Where interview is a part of the recruitment process, SC / ST candidates should be interviewed separately;
d) Qualification regarding experience can be relaxed in respect of SC / ST candidates at the discretion of UPSC / Competent Authority;
e) Standards of suitability can be relaxed etc.
The relaxations that are available for the SCs / STs in promotions are as follows:-
a) The zone of consideration is extended to five times the number of vacancies in case suitable SC / ST candidates are not available within the normal zone of consideration;
b) Minimum qualifying marks / standards of evaluation are relaxable;
c) Upper age limit relaxable by five years where upper age limit for promotion is prescribed not exceeding fifty years. etc.

Q.4. What are the relaxations available to OBCs?

Ans: Relaxations available to OBCs in direct recruitment are as follows:
(i) Relaxation in the upper age limit by 3 years.
(ii) Qualification regarding experience can be relaxed at the discretion of Competent Authority.
(iii) Standards of suitability can be relaxed, etc.

Q.5. Who is an own merit candidate?

Ans: A candidate belonging to SC/ST/OBC who is selected on the same standard as applied to general category candidates and who appears in the general merit list is treated as own merit candidate. Such candidate is adjusted against unreserved point of the reservation roster. Department of Personnel and Training O.M. No.36011/1/98-Estt.(Res.) dated 1-7-1998 clarifies that only such SC/ST/OBC candidates who are selected on the same standard as applied to general candidates shall not be adjusted against reserved vacancies. In other words, when a relaxed standard is applied in selecting an SC/ST/OBC candidate, for example in the age limit, experience qualification, permitted number of chances in written examination, extended zone of consideration larger than what is provided for general category candidates, etc., the SC/ST/OBC candidates are to be counted against reserved vacancies. Such candidates would be deemed to be unavailable for consideration against unreserved vacancies.

Q.6. What is the difference between post based reservation and vacancy based reservation?

Ans: Reservation to SCs. STs and OBCs prior to 2.07.1997 was implemented through vacancy based rosters in which case calculation of reserved vacancies depended on the total number of vacancies to be filled. The Supreme Court in the case of R.K. Sabharwal held that reservation in a cadre should be calculated on the basis of total number of posts in the cadre and not the vacancies. It means that if reservation for SCs is 15% and cadre strength in a grade is 100, 15 posts will be reserved for SCs i.e. at any point of time 15 posts in this cadre should be held by SCs appointed by reservation. Whenever their representation comes down, it would be completed.

Q.7: What is a Backlog vacancy and why are so many backlog vacancies in services?

Ans: Backlog Revered Vacancies of a category are those vacancies which were earmarked reserved for that category in and earlier recruitment year but remained unfilled in the previous recruitment attempt on account of non-availability of suitable candidates belonging to that category and are still lying unfilled.
As per instructions issued by the DoP&T, if sufficient number of suitable SCs, STs and OBC candidates do not become available to fill up the vacancies reserved for them in the first attempt of recruitment, a second attempt is made for recruiting suitable candidates belonging to the concerned category in the same recruitment year or as early as possible before the next recruitment year so that backlog reserved vacancies are not created. However, even after making such efforts the reserved vacancies are not filled up and backlog vacancies are created which are carried forward to the subsequent recruitment year, in which concerted efforts are made to fill up the backlog reserved vacancies as soon as possible.
It may be observed that reason of creation of backlog reserved vacancy is non-availability of reserved category candidates for some posts.

Q.8 Whether the ceiling of 50% reservation would apply to backlog reserved vacancies of SCs, STs and OBCs.

Ans. Backlog reserved vacancies are treated as special and distinct group and ceiling of 50% reservation in a recruitment year does not apply to backlog reserved vacancies.

Q.9 What is the policy of Government about appointment of less qualified SCs, STs and OBCs candidates?

Ans: Instructions provide that in direct recruitment whether by examination or otherwise, if sufficient number of Scheduled Caste candidates are not available on the basis of the general standard to this community should be selected to fill up the remaining vacancies reserved for them provided they are not found unfit for such post or posts. Thus, to the extent the number of vacancies reserved for Scheduled Castes cannot be filled on the basis of general standard, candidate belonging to SC community are taken by relaxed standard to make up the deficiency in the reserved quota, subject to the fitness of these candidates for appointment to the post/posts in question.

In addition to the concession referred to above, instructions further provide that in cases where the requisite number of SC candidate fulfilling even the relaxed standards admissible in their cases are not available to fill the vacancies reserved for them in non-technical and quasi-technical Group C and D services/posts required to be filled by direct recruitment otherwise than by written examination, the selecting authorities should, to the extent of the vacancies reserved for SC. select for appointment the best among the SC candidates who fulfil the minimum educational qualification laid down in the notice for recruitment of advertisement. In order to bring such candidates to the minimum standard necessary for the posts and for the maintenance of efficiency of administration, they should be given in-service training.

Where some period of experience is prescribed as an essential qualification for direct recruitment to a post, an where, in the opinion of the Ministry/ Department concerned, the relaxation of the experience qualification is not inconsistent with efficiency, a provision is inserted under the “essential qualification’ in the relevant recruitment rules to the effect that UPSC/ Competent Authority may relaxed the experience/qualification in the case of SC/ST/OBC candidates.

Q.10. Why there is no reservation in case of promotion within Group A?

Ans: Reservation to SCs and STs is available at all levels in the matter of promotion by non-selection method. In case of promotion by selection they get reservation up to the lowest rung of Group ‘A’. Though there is no reservation in promotion by selection within Group A, in ease of promotion by selection from a Group ‘A’ post having a maximum salary of Rs. 18,300/- or less( in pre-revised scale), the Scheduled Caste/Scheduled Tribe officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is to be drawn up, are included in that list provided they are not considered unfit for promotion. Thus sufficient care is taken to ensure that the SC/ST officers get promotion to such higher posts even if they do not meet the criterion laid down for general category candidates.

The Supreme Court in Indra Sawhney’s case had declared reservation in promotion ultra virus. However, in order to continue reservation in promotion, the 77th Amendment was made to the Constitution incorporating clause (4A) in Article 16 of the Constitution which enabled the State to continue reservation in promotion. The statement of Objects and Reasons of the Constitution (Eight-Sixth Amendment) Bill which became the Constitution (77th Amendment) Act, stated that the object was to continue the then existing dispensation. Since reservation in promotion was not available when promotions were made by selection within Group ‘A’ posts even before the judgment of the Supreme Court in Indra Sawhney case, the Department’s O.M. dated August 13, 1997 issued in pursuance of Article 16 (4A) has restored the previously existing dispensation, which did not provided for reservation in promotion by selection within Group ‘A’ posts.

Q.11 What is the objective behind the issuance of caste certificates to Scheduled Casts and Scheduled Tribes?

Ans. The main objective of issuance of caste certificate is to facilitate access of bonafide candidates belonging to the Scheduled Castes Scheduled Tribe and Other Backward Class to the reserved posts and services under the State and other facilities provided by the State to them.

Q.12. Whether the Government have achieved the objective behind the issue of caste certificate?

Ans. On the basis of caste certificates, large number of reserved category candidates have been able to secure employment in Government establishments, PSUs, Banks, autonomous bodies ets.; secure admissions to educational institutions; and get other facilities provided by the Government to the members of Scheduled Castes. Scheduled Tribes and Other Backward Classes.

Q.13 What is the procedure for issuing of Scheduled Caste/Scheduled Tribe/other Backward Class certificates? Who is the competent authority to issue the same?

Is any other authority other than specified, in any circumstances allowed to issue such certificates, If so, elaborate.
Ans. The instructions contained in this Department’s OM No.36012/6/88-Estt.(Res.) dated 24.4.90 and OM No.36012/22/93-Estt,(Res.) dated 15.11.1993 provide the Authorities who are competent to issue of caste certificates and also the proforma However, the Central Government accepts the certificates issued only by the following authorities in the prescribed proforma:
(1) District Magistrate / Additional District Magistrate/Collector/Deputy Commissioner/Additional Deputy Commissioner/Deputy Collector/1st class stipendiary Magistrate/Sub Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner.
(2) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate.
(3) Revenue Officer not below the rank of Thasildar and
(4) Sub-Divisional Officer of the area where the candidate and /or his family normally resides.

Q.14 What are the guidelines that have been issued to the appointing authorities in regard to scrutiny and verification of caste certificates of candidates at the time of their entry into Government service?

Whether the present guidelines on the subject are fool proof so that genuine SC/ST are not deprived of their Constitutional rights.

Ans. The Government of India has issued instructions regarding scrutiny and verification of the caste certificates of the candidates at the time of initial appointment and at every important upturn of employee’s career. This Department re-iterated the instructions vide O.M. No.36011/3/2005-Estt.(Res.) dated 9th September 2005.

Q.15 What are the guidelines in case of migration of a reserved category person from one state to another State?

Ans. When a person migrates from the portion of the State in respect of which his community is Scheduled to another part of the same State in respect of which his community is not scheduled, he will continue to be deemed to be a member of the Scheduled Caste or the Scheduled Tribe or the Other Backward Class, as the case may be in relation to that State; When a person who is a member from one State to another, he can claim to belong to a Scheduled Caste or a Scheduled Tribe only in relation to the State to which be originally belonged and not in respect of the State to which he has migrated.

Q.16 What action is taken when complaints are received about the genuineness of caste certificate once the appointments have been given or on detection of a prima facie case of a false SC/ST certificate at any stage of employment? Is there a set procedure to be followed for punish in such an employee?

Ans. The instructions contained in The Department of Personnel & Training’s O.M. No.11012/7/91-Estt.(A) dated 19-5-93 provide that wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc. for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. If he in a probationer or a temporary Government servant, he should be discharged or his services should be terminated. If he has become a permanent Govt. Servant, an inequity as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges ar proved, the Government servant should be removed or dismissed from service. In no circumstances should any other penalty be imposed. Necessary action may also be taken under the provisions of the IPC for priduction of false certificates.

Q. 17 What is ‘Creamy Layer’ amongst OBCs?

Ans. The Supreme Court in Indra Sawhney case has unheld 27% reservation for OBCs in civil posts and services under the State subject to exclusion of socially advanced persons/ sections (creamy layer) from OBCs within 4 months form the date of judgment.
2. Following the above judgment of the Supreme Court, the Government had constituted an Expert Committee to make recommendations on the socio-economic criteria to be adopted for excluding the creamy layer amongst OBCs. The report of the Expert Committee was considered and accepted by the Government and the categories of the persons/ selections to be excluded from the purview of reservation orders for OBCs were notified in the Schedule to the OM dated 8.9.1993 issued by this Department. Initially, the Income limit of ‘creamy layer’ vide the aforesaid O.M. for exclusion of reservation was fixed Rs. 1 Lakh.
3. Last time, this income ceiling was revised from Rs.2.5 lakh to 4.5 lakh vide OM No.36033/3/2004-Estt.(Res.) on 14.10.2008.

Q.18 What is the criteria to determine the ‘creamy layer’ amongst OBCs Employees working in PSUs?

Ans. The criteria prescribed for determining creamy layer status of some and daughters of persons in Government service mutatis mutandis applies to the sons and daughters of persons holding equivalent or comparable posts in PSUs, Banks, Insurance Organisation, Universities etc. and also holding equivalent or comparable posts and positions under private employment. The creamy layer status of the sons and daughters of employees of organizations where evaluation of the posts on equivalent or comparable basis has not been made is determined on the basis of ‘Income/ Wealth Test’ given in the Schedule. The income/ wealth Test prescribes that the gross annual income of Rs. 4.5 lakh or above or possessing wealth above the exemption limit as prescribed in Wealth Tax Act for a period of three consecutive years would be treated to fall in creamy layer.

Source: www.persmin.nic.in

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