(Dated 25 November, 2022)

OFFICE MEMORANDUM

Special Procedure in Disciplinary Action

Hon’ble Supreme Court, on 11.07.1985, in Civil Appeal No.6814 of 1983, Civil Appeal No.3484 of 1982 etc. in the case of Tulsi Ram Patel and others, delivered a judgment regarding the scope of second proviso to Art. 311(2) of the Constitution.

2. Article 311 of the Constitution of India

311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State

(1) No person who is a member of a civil service of the Union or an all India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:

Provided further that this clause shall not apply –

• (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
• (b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or
• (c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry.

(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.

Departmental proceedings and criminal case can proceed simultaneously DoPT

3. The essence of the judgment and scope of exceptional situations listed in clauses (a), (b) and (c) of the second proviso to Art. 311(2) were clarified by Department of Personnel & Training vide OM No. 11012/11/85-Estt.(A) dated 11.11.1985 and 04.04.1986 in the following paragraphs.

4. Article 311(2) of the Constitution concerns itself with the punishment of dismissal, removal or reduction in rank, which comes in the category of major punishment under the service rules providing the procedure for disciplinary action against Government servants. The first step in that procedure is the service of a memorandum of charges or a charge sheet, as popularly known, on the Government servant, listing the charges against him and calling upon him, by a specified date, to furnish a reply either denying or accepting all or any of the charges. An inquiry hence commences under the service rules with the service of the charge sheet. Obviously, if the circumstances even before the commencement of an inquiry are such that the disciplinary authority holds that it is not reasonably practicable to hold an inquiry, no action by way of service of charge sheet would be necessary. On the other hand, if such circumstances develop in the course of inquiry, a charge sheet would already have been served on the Government servant concerned. It is only in three exceptional situations listed in clause (a), (b) and (c) of the second proviso to Article 311(2) that the requirement of holding such an inquiry may be dispensed with.

[Para 2 of the OM No. 11012/11/85-Estt.(A) dated 11.11.1985]
[Para 3 of the OM No. 11012/11/85-Estt.(A) dated 04.04.1986]

5. Even under these exceptional circumstances, the judgement does not give unbridled power to the competent authority when it takes action under any of the three clauses in the second proviso to Art. 311(2) of the Constitution or any service rule corresponding to it. The competent authority is expected to exercise its power under this proviso after due caution and considerable application of mind. The principles to be kept in view by the competent authority while taking action under the second proviso to Art. 311(2) or corresponding service rules have been defined by the Supreme Court itself. These are reproduced in the succeeding paragraphs for the information, guidance and compliance of all concerned.

[Para 3 of the OM No. 11012/11/85-Estt.(A) dated 11.11.1985]

Action under clause (a) of the Second Proviso to Article 311(2)

6. When action is taken under clause (a) of the second proviso to Art. 311(2) of the Constitution or rule 19(i) of the CCS (CC&A) Rules, 1965 or any other service rule similar to it, the first pre-requisite is that the disciplinary authority should be aware that a government servant has been convicted on a criminal charge. But this awareness alone will not suffice. Having come to know of the conviction of a government servant on a criminal charge, the disciplinary authority must consider whether his conduct, which had led to his conviction, was such as warrants the imposition of a penalty and if so, what that penalty be. For that purpose, it will have to peruse the judgement of the criminal court and consider all the facts and circumstances of the case. In considering the matter, the disciplinary authority will have to take into account the entire conduct of the delinquent employee, the gravity of the misconduct committed by him, the impact which his misconduct is likely to have on the administration and other extenuating circumstances or redeeming features. This, however, has to be done by the disciplinary authority by itself. Once the disciplinary authority reaches the conclusion that the government servant’s conduct was blameworthy and punishable, it must decide upon the penalty that should be imposed on the government servant. This too has to be done by the disciplinary authority by itself. The principle, however, to be kept in mind is that the penalty imposed upon the civil servant should not be grossly excessive or out of all proportion to the offence committed or one not warranted by the facts and circumstances of the case.

[Para 4 of the OM No. 11012/11/85-Estt.(A) dated 11.11.1985]

7. After the competent authority passes the requisite orders as indicated in the preceding paragraph, a government servant who is aggrieved by it can agitate in appeal, revision or review, as the case may be, that the penalty was too severe or excessive and not warranted by the facts and circumstances of the case. If it is his case that he is not the person who was in fact, convicted, he can also agitate this question in appeal, revision or review. If he fails in all the departmental remedies available to him and still wants to pursue the matter, he can seek judicial review. The court (which term will include a Tribunal having the powers of a Court) will go into the question whether the impugned order is arbitrary or grossly excessive or out of all proportion to the offence committed, or not warranted by the facts and circumstances of the case or the requirements of the particular service to which the government servant belongs.

[Para 5 of the OM No. 11012/11/85-Estt.(A) dated 11.11.1985]

Action under clause (b) of the Second Proviso to Article 311(2)

8. Coming to clause (b) of the second proviso to Art. 311(2), there are two conditions precedent which must be satisfied before action under this clause is taken against a government servant. These conditions are:-

(i) There must exist a situation which makes the holding of an inquiry contemplated by Art. 311(2) not reasonably practicable. What is required is that holding of inquiry is not practicable in the opinion of a reasonable man taking a reasonable view of the prevailing situation. It is not possible to enumerate all the cases in which it would not be reasonably practicable to hold the inquiry. Illustrative cases would be :-

• (a) where a civil servant, through or together with his associates, terrorises, threatens or intimidates witnesses who are likely to give evidence against him with fear of reprisal in order to prevent them from doing so; or
• (b) where the civil servant by himself or with or through others threatens, intimidates and terrorises the officer who is the disciplinary authority or members of his family so that the officer is afraid to hold the inquiry or direct it to be held; or
• (c) where an atmosphere of violence or of general indiscipline and insubordination prevails at the time the attempt to hold the inquiry is made.

The disciplinary authority is not expected to dispense with a disciplinary inquiry lightly or arbitrarily or out of ulterior motives or merely in order to avoid the holding of an inquiry or because the Department’s case against the civil servant is weak and is, therefore, bound to fail.

(ii) Another important condition precedent to the application of clause (b) of the second proviso to Art. 311(2), or rule 19(ii) of the CCS(CC&A) Rules, 1965 or any other similar rule is that the disciplinary authority should record in writing the reason or reasons for its satisfaction that it was not reasonably practicable to hold the inquiry contemplated by Art.311(2) or corresponding provisions in the service rules. This is a constitutional obligation and, if the reasons are not recorded in writing, the order dispensing with the inquiry and the order of penalty following it would both be void and unconstitutional. It should also be kept in mind that the recording in writing of the reasons for dispensing with the inquiry must precede an order imposing the penalty. Legally speaking, the reasons for dispensing with the inquiry need not find a place in the final order itself, though they should he recorded separately in the relevant file. In spite of this legal position, it would be of advantage to incorporate briefly the reasons which led the disciplinary authority to the conclusion that it was not reasonably practicable to hold an inquiry, in the order or penalty. While the reasons so given may be brief, they should not be vague or they should not be just a repetition of the language of the relevant rules.

[Para 6 of the OM No. 11012/11/85-Estt.(A) dated 11.11.1985]

9. A question has been raised whether, in a case where Clause (b) of the second proviso to Article 311(2) of the Constitution is invoked, the disciplinary authority may dispense with the issuing of charge memo listing the charges. Clause (b) is attracted in a case where the disciplinary authority concludes, “that it is not reasonably practicable to hold such an inquiry”. The circumstances leading to such a conclusion may exist either before the inquiry is commenced or may develop in the course of the inquiry. In the Tulsi Ram Patel case, the Supreme Court observed as under:-

“It is not necessary that a situation which makes the holding of an inquiry not reasonably practicable should exist before the disciplinary inquiry is initiated against a Government servant. Such a situation can also come into existence subsequently during the course of an inquiry, for instance, after the service of a charge sheet upon the Government servant or after he has filed his written statement thereto or even after the evidence had been led in part. In such a case also, the disciplinary authority would be entitled to apply clause (b) of the second proviso because the word “inquiry” in that clause includes part of an inquiry.”

[Para 2 of the OM No. 11012/11/85-Estt.(A) dated 04.04.1986]

10. In para 8(i) above, certain illustrative cases have been enumerated where the disciplinary authority may conclude that it is not reasonably practicable to hold the inquiry. It is important to note that the circumstances of the nature given in the illustrative cases, or other circumstances which make the disciplinary authority conclude that it is not reasonably practicable to hold the inquiry, should actually subsist at the time when the conclusion is arrived at. The threat, intimidation or the atmosphere of violence or of a general indiscipline and insubordination, for example, referred to in the illustrative cases, should be subsisting at the time when the disciplinary authority arrives at his conclusion. It will not be correct on the part of the disciplinary authority to anticipate such circumstances as those that are likely to arise, possibly later in time, as grounds for holding that it is not reasonably practicable to hold the inquiry and, on that basis, dispense with serving a charge sheet on the Government servant.

[Para 4 of the OM No. 11012/11/85-Estt.(A) dated 04.04.1986]

11. It is true that the Art. 311 (3) of the Constitution provides that the decision of the competent authority under clause (b) of the second proviso to Art.311(2) shall be final. Consequently, the decision of the competent authority cannot be questioned in appeal, revision or review. This finality given to the decision of the competent authority is, however, not binding on a Court (or Tribunal having the powers of a Court) so far as its power of judicial review is concerned, and the court is competent to strike down the order dispensing with the inquiry as also the order imposing penalty, should such a course of action he considered necessary by the court in the circumstances of the case. All disciplinary authorities should keep this factor in mind while forming the opinion that it is not reasonably practicable to hold an inquiry.

[Para 7 of the OM No. 11012/11/85-Estt.(A) dated 11.11.1985]

12. Another important guideline with regard to this clause which needs to be kept in mind is that a civil servant who has been dismissed or removed from service or reduced in rank by applying to his case clause (b) of the second proviso to Art. 311(2) or an analogous service rule can claim in appeal or revision that an inquiry should be held with respect to the charges on which such penalty has been imposed upon him, unless a situation envisaged by the second proviso is prevailing at the hearing of the appeal or revision application. Even in such a case the hearing of the appeal or revision applicable should be postponed for a reasonable length of time for the situation to return to normal.

[Para 8 of the OM No. 11012/11/85-Estt.(A) dated 11.11.1985]

Action under clause (c) of the Second Proviso to Article 311(2)

13. As regards action under clause (c) of the second proviso to Art. 311(2) of the Constitution, what is required under this clause is the satisfaction of the President or the Governor, as the case may be, that in the interest of the security of the State, it is not expedient to hold an inquiry as contemplated by Art. 311(2). This satisfaction is of the President or the Governor as a constitutional authority arrived at with the aid and advice of his Council of Ministers. The satisfaction so reached by the President or the Governor is necessarily a subjective satisfaction. The reasons for this satisfaction need not be recorded in the order of dismissal, removal or reduction in rank; nor can it be made public. There is no provision for departmental appeal or other departmental remedy against the satisfaction reached by the President or the Governor. If, however, the inquiry has been dispensed with by the President or the Governor and the order of penalty has been passed by disciplinary authority subordinate thereto, a departmental appeal or revision will lie. In such an appeal or revision, the civil servant can ask for an inquiry to be held into his alleged conduct, unless at the time of the hearing of the appeal or revision a situation envisaged by the second proviso to Article 311(2) is prevailing. Even in such a situation the hearing of the appeal or revision application should be postponed for a reasonable length of time for the situation to become normal. Ordinarily the satisfaction reached by the President or the Governor, would not be a matter for judicial review. However, if it is alleged that the satisfaction of the President or Governor, as the case may be, had been reached mala fide or was based on wholly extraneous or irrelevant grounds, the matter will become subject to judicial review because, in such a case, there would be no satisfaction, in law, of the President or the Governor at all. The question whether the court may compel the Government to disclose the materials to examine whether the satisfaction was arrived at mala fide or based on extraneous or irrelevant grounds, would depend upon the nature of the documents in question i.e. whether they fall within the class of privileged documents or whether in respect of them privilege has been properly claimed or not.

[Para 9 of the OM No. 11012/11/85-Estt.(A) dated 11.11.1985]

Conclusion

14. The preceding paragraphs clarify the scope of clauses (a), (b) and (c) of the second proviso to Art. 311(2) of the Constitution, Rule 19 of CCS (CCA) Rules, 1965 and other service rules similar to it, in the light of the judgements of the Supreme Court delivered on 11.07.1985 and 12.09.1985. It is, therefore, imperative that these clarifications are not lost sight of while invoking the provisions of the second proviso to Art. 311(2) or service rules based on them. Particularly, nothing should be done that would create the impression that the action taken is arbitrary or mala fide. So far as clauses (a) and (c) and service rules similar to them are concerned, there are already detailed instructions laying down the procedure for dealing with the cases falling within the purview of the aforesaid clauses and rules similar to them. As regards invoking clause (b) of the second proviso to Art. 311(2) or any similarly worded service rule, absolute care should be exercised and it should always be kept in view that action under it should not appear to be arbitrary or designed to avoid an inquiry which is quite practicable.

[Para 10 of the OM No. 11012/11/85-Estt.(A) dated 11.11.1985]

15. In case any reference to the relevant OM is required, the same may be accessed by clicking on the hyperlink of the OMs. List of the OMs mentioned in this document is as under:

(a) OM No. 11012/11/85-Estt.(A) dated 11.11.1985
(b) OM No. 11012/11/85-Estt.(A) dated 04.04.1986

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F. No. 38/01(05)/2022 -P&PW(A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare

3th Floor, Lok Nayak Bhawan
Khan Market, New Delhi -110 003
Dated: 26.10.2022

Office Memorandum

Subject: Amount and conditions for grant of pension under Central Civil Services (Pension) Rules, 2021.

The undersigned is directed to say that Department of Pension has notified the Central Civil Services (Pension) Rules, 2021 in supersession of the Central Civil Service (Pension) Rules, 1972. In accordance with sub-rule (1) of Rule 44 of the Central Civil Service (Pension) Rules, 2021. a Government servant, becomes eligible for grant of a pension on retirement under rule 33 (Superannuation Pension), rule 34 (Retiring Pension), rule 35 (Pension on absorption in or under a State Government), rule 36 (Pension on absorption in or under a corporation, company or body), rule 37 (Pension on absorption consequent upon conversion of a Government Department into a Public Sector Undertaking), rule 38 (pension on absorption consequent upon conversion of a Government Department into a Central Autonomous Body) or rule 39 (Invalid Pension), after completing a qualifying service of not less than ten years. ‘The pension in all such cases is calculated at the rate of fifty percent of Emoluments or average emoluments, whichever is more beneficial to him, subject to a minimum of nine thousand rupees per month and maximum of one lakh twenty-five thousand rupees per month.

Central Civil Services (Pension) Rules, 2021 Gazette Notification – DoPPW

2. The above rule further provides that a Government servant who retires on Invalid Pension under rule 39 before completing a qualifying service of ten years shall also be eligible for an invalid pension calculated at fifty per cent of emoluments or average emoluments, whichever is more beneficial to him and the condition of completion of minimum qualifying service of ten years shall not be applicable for grant of pension in his case if he/she fulfils the conditions mentioned in sub-rule (9) of rule 39.

3. In calculating the length of qualifying service, fraction of a year equal to three months and above is treated as a completed six monthly period and reckoned as qualifying service, In the case of a Government servant who has rendered a qualifying service of nine years and nine months or more but less than ten years, his qualifying service for the Purpose of this rule shall be ten years and he shall be eligible for pension according

4, All Ministries/ Departments are requested that the above provisions regarding grant of pension under Central Civil Services (Pension) Rules, 2021 may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry/ Department and attached/ subordinate offices thereunder, for strict implementation.

(RC Sethi)
Deputy Secretary to Government of India

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According to the CCS Pension Rules, Payment of a Family pension to mentally disabled son or disability through a person nominated by a government employee, pensioner, or family pensioner and not to insist on a guardianship certificate issued by a court of law in such cases to All Pension Disbursing Banks.

1/4/2021-पी एंड पी डब्‍लू (ई) भाग-I
भारत सरकार
कार्मिक लोक शिकायत तथा पेंशन मंत्रालय
पेंशन और पेंशनभोगी कल्‍याण विभाग
(डेस्‍क-ई)

तीसरा तल, लोक नायक भवन
खान मार्केट, नई दिल्‍ली-110003
दिनांक-जनवारी 19, 2022

To
CMDs of All Pensions Disbursing Banks
(Through E-mail)

Sub: Payment of family pension in respect of a child suffering from a disorder or disability of mind through the person nominated by the Government servant/pensioner/family pensioner

I am directed to say that in accordance with the Central Civil Services (Pension) Rules, family pension is payable for life, subject to certain conditions, to a child of a deceased Government servant/pensioner, who is suffering from any disorder or disability of mind or is physically disabled so as to render him or her unable to earn a living even after attaining the age of twenty-five years,

2. As per Rule 50(9)(h)(iv) of the Central Civil Services (Pension ) Rules, 2021 (earlier clause (iii) of second proviso to Rule 54(6) of the Central Civil Services (Pension ) Rules, 1972), family pension shall be paid to a son or daughter, who is suffering from any disorder or disability of mind including the mentally retarded, through the guardian as if he or she were a minor.

3. Rule 50(9)(h)(vii) of the CCS (Pension ) Rules, 2021 (earlier clause (vi) of second proviso to Rule 54(6) of the CCS (Pension) Rules, 1972), however, provides that in the case of a mentally retarded son or daughter, the family pension can be paid to a person nominated by the Government servant or the pensioner, as the case may be, and in case no such nomination has been furnished to the Head of Office by such Government servant or pensioner during his lifetime, to the person nominated by the spouse of such Government servant or family pensioner, as the case may be, later on. The Guardianship Certificate issued under section 14 of the National Trust Act,1999 (44 of 1999), by a local level Committee, shall also be accepted for nomination or appointment of guardian for grant of family pension in respect of the person suffering from Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities as indicated in the said Act.

4. It has been brought to the notice of this Department that in some cases, the Pension Disbursing Banks are not allowing family pension in respect of a mentally retarded child through the person nominated by the pensioner or his/her spouse in accordance with Rule 50(9)(h)(vii) of the CCS (Pension ) Rules, 2021 (earlier clause (vi) of second proviso to Rule 54(6) of the CCS (Pension ) Rules, 1972) in spite of the fact that such nomination has been duly incorporated in the Pension Payment Order issued to the mentally retarded child. These banks insist on payment of family pension through a person having a guardianship certificate issued by a court of law.

5. Clause (vii) in the Rule 54(9)(h) of the CCS (Pension) Rules, 2021 is intended to avoid any hassles to the child suffering from a mental disability in obtaining the guardianship certificate from the court and in claiming family pension after the death of his/her parents. As per this rule, a Government servant/pensioner or his/her spouse can nominate a person to receive family pension payable to a mentally retarded child. In cases where such nomination is submitted by a Government servant/pensioner/family pensioner, a guardianship certificate issued by a court of law is not necessary.

6. Accordingly, in cases where a nomination made by the Government servant/pensioner/family pensioner has been incorporated in the Pension Payment Order issued to child suffering from a mental disability, it is incumbent on the Pension Disbursing Banks to disburse the family pension in respect such child through the person so nominated. Insisting for a guardianship certificate by the Banks in such cases would defeat the very purpose of such nomination and would also amount to violation of the statutory provisions of the CCS (Pension) Rules, 2021.

7. It is requested that suitable instructions may be issued to the CPPCs/Pension Paying Branches of your Bank for payment of family pension in respect of a mentally retarded child through the person nominated by the Government servant/ pensioner/ family pensioner in accordance with the statutory provisions of CCS (Pension) Rules and not to insist for a guardianship certificate issued by a court of law in such cases. All Pension disbursing branches also be asked to acknowledge receipt of these instructions.

8. This issues with the approval of Competent Authority.

भवदीय

(संजय शंकर)
भारत सरकार के उप सचिव

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Collect HBA Annual Certificate from each and every Government servant yearly in the month of July, prior to the release of the pay for the month of July.

File N0.12-01/2020-PAP
Government of India
Ministry of Communication
Department of Posts
(Establishment Division)/ P.A.P Section

Dak Bhawan, Sansad Marg,
New Delhi – 1100 01.
Date: 08th July 2021.

To

1. All Chief Postmasters General/ Postmasters General
2. Chief General Manager, BD Dte/Parcel Dte/ PLI Directorate
3. Director RAKNPA/ GM CEPT/ Directors of All PTCs,
4. Addl. Director General, Army Postal Service, R.K. Puram, New Delhi
5. All General Managers (Finance)/ DAP/ DDAP

Sub: Annual Certificate regarding insurance by the officials availing House Building Advance – Regd.

Sir/Madam,

I am directed to this Directorate letter of even number dated 14.02.2020 on the above noted subject.

2. It has been observed that the instructions contained in Rule 7(b) (now Rule 10) of House Building Advance Rules (HBA)- 2017 are not being followed scrupulously. The Rule provides that immediately on completion or purchase of house / flat, as the case may be, the Government servant concerned shall insure the house / flat at his own cost with recognized institutions as approved by IRDA for not less than the amount of advance and shall keep it so insured against damage by fire, flood and light, till the advance together with a sum of interest thereon is full repaid to Government and deposit the policy with Government. Numerous cases are, however, being referred for condonation of periods of non-insurance

3. The Rule further provides that the Heads of Departments are required to obtain a certificate annually in the month of July, before disbursement of the pay for the month of July from each and every Government servant.

Classification of Cities for HRA as per 7th CPC – X Y Z Classification of Cities for HRA 2020

4. The Circles are requested to follow the provisions of the Rule strictly and take suitable action against the defaulters where called for.

Yours faithfully,

(D.K. Tripathi)
Assistant Director General (Estt.)
Phone no.: 011-23096191

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DoPPW

1/17/2019- पी एंड पी डब्लू (ई)
भारत सरकार
लोक शिकायत तथा पेंशन मंत्रालय
पेंशन और पेंशनभोगी कल्‍याण व‍िभाग
(डेस्क-ई)

तीसरी मंजिल, लोक नायक भवन,
खान मार्केट, नई दिल्ली-110003,
दिनांक 8th फरवरी, 2021

कार्यालय ज्ञापन

विषय: Amendment of income criteria for grant of family pension to children/ siblings suffering from mental or physical disability – regarding.

The undersigned is directed to say that in accordance with sub-rule (6) of Rule 54 of the Central Civil Services (Pension) Rules, 1972, a child/sibling of a deceased Government servant/ pensioner, who is suffering from a mental or physical disability, is eligible for family pension for life, if the disability is of such a nature so as to prevent him/her from earning his/her livelihood. Further, as per the said Rule 54, a member of the family is deemed to be earning his/her livelihood, if his/her income, from sources other than a family pension, is equal to or more than the minimum family pension and the dearness relief admissible thereon. This income ceiling is also applicable for determining eligibility for a family pension of a child/ sibling, suffering from a mental or physical disability.

2. The matter regarding income criteria for determining eligibility for family pension in the case of a child/ sibling, suffering from mental or physical disability, has been reviewed in this Department, keeping in view the special needs of such a child/ sibling, who requires greater medical care and financial assistance. It is considered desirable that the income ceiling for grant of family pension to such children/ siblings should commensurate with the amount of the entitled family pension in their case.

Grant of disability pension, comprising service element and disability clement to pre-2006 disability pensioners of Govt service

3. Therefore, it has now been decided that a child/ sibling of a deceased Government servant/pensioner, who is suffering from a mental or physical disability, shall be eligible for a family pension for life if the appointing authority is satisfied that the disability is of such a nature so as to prevent him/her from earning his/her livelihood, as evidenced by a disability certificate obtained from a competent medical authority. Such a child shall be deemed to be not earning his/her livelihood if his/her overall income from sources other than a family pension is less than the entitled family pension at the ordinary rate and the dearness relief admissible thereon, payable on the death of the Government servant/ pensioner concerned.

4. Accordingly, a child/ sibling of a deceased Government servant/ pensioner, who is suffering from a mental or physical disability, shall be eligible for family pension for life, if he/she fulfills, among others, the following conditions:

• A disability certificate is issued by a competent medical authority.
• The overall income of the disabled child, from sources other than a family pension, remains less than the entitled family pension at an ordinary rate (i.e. 30% of the last pay drawn by the deceased Government servant/ pensioner concerned) plus the dearness relief admissible thereon.

5. The provisions of Rule 54 of the CCS (Pension) Rules, 1972 shall stand modified to the extent mentioned above only and the amended provisions shall take effect from the date of issue of this Office Memorandum. A formal amendment of Rule 54 shall be notified separately.

6. In cases where a child/sibling, suffering from a mental or physical disability is presently not in receipt of a family pension due to non-fulfillment of the earlier income criteria, family pension may be granted to such a child/sibling, if he/she fulfills the income criteria mentioned in para 3 and 4 above and also fulfills the other conditions for grant of family pension at the time of death of Government servant or pensioner or previous family pensioner. The financial benefits, in such cases, shall accrue from the date of issue of this Office Memorandum and no arrears for the period from the date of death of Government servant/ pensioner/ previous family pensioner shall be admissible.

7. This OM is issued with the concurrence of Ministry of Finance, Department of Expenditure vide their ID No. 1(2)/EV/2020 dated 29.12.2020 and 02.02.2021.

8. In its application to persons belonging to Indian Audit and Accounts Department, these orders are issued under Article 148(5) of the Constitution and after consultation with the Comptroller and Auditor General of India vide their यू.ओ.संख्या-28-स्टाफ़ हक.(नियम)/ ए आर./09-2019 dated 25.01.2021.

9. The Administrative Divisions of all Ministries/ Departments and attached/subordinate offices are requested to bring the contents of these instructions to the notice of all concerned for compliance.

(संजय शंकर)
भारत सरकार के उप सचिव

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F.No.A.12012/ 8/ 2020-Ad.III.B
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs

Gr. Floor, Hudco Vishal Building ,
Bhikaji Cama Place, RK Puram, New Delhi-66,
Dated: 14.12.2020

To

The All Cadre Controlling Authorities
Under CBIC (through CBIC’s website)

Subject: Scheme for compassionate appointment – Relative merit point & revised procedure for selection / Tie breaking formula – reg.

Sir/ Madam ,

Please refer to Board’s letter F.No.A.12012/52/2018-Ad.III B dated 15th May, 2019 wherein a standard operating procedure based on a 100-point scale was circulated for compassionate appointment to ensure transparency and maintain uniformity and to avoid litigation in the selection process.

2. It has been reported to the Board by one CCA that while applying 100 points scale parameters, as mentioned in SOP, some candidates have equal marks in merit and Cadre Controlling Authority is unable to decide the merit of such The matter of tie of marks secured by some candidates has been deliberated in the Board to resolve such situation.

3. After examination the issue in detail, it has been decided that the tie breaking factor can be per dependent available  income i.e. total of first  three  financial parameters prescribed in SOP   (Pension­ annualised,   total   terminal   benefits and   annual   income   of earning members and income from property) divided by total   number of dependants  (spouse,  parents,  dependent  married / unmarried / widowed /divorced daughters, dependent minor children of deceased Government Servant OR dependent sister(s)/ brother(s) of an unmarried deceased Government Servant, unmarried major son below 25 years & dependant major sons who are physically / mentally  challenged) . The lesser the per dependent available income, the  higher  the  rank amongst the applicants whose scores had a tie.

4. In case of tie even after applying the factor of per dependent available income, then the left-over service of Government  Servan t can be This is suggested as it is felt that longer the  left-over service of the deceased, the more is the impact on the family. Applicants related to Government  servant with  higher  left-over  service would be considered over the one with lesser left-over service.  In case of tie even then, the next factor can be No. of physically /mentally challenged dependents & unmarried /divorced daughter(s). In case of tie even then, the next factor can be age of the applicant, with  elder applicants given preference.

Reservation in Appointment on Compassionate Ground Group ‘C’ posts

5. The tie breaking factor(s) in the order indicated above, should be used only to decide relative merit of the applicants scoring same points on 100-point scale and only if the applicants scoring same points cannot be accommodated against available All the above details are already included in the SOP and hence would be readily available with CCAs in case of a tie.

6. Apart from this while deciding the tie breaking factors as mentioned in the preceding paras, based on suggestions received from some Cadre Controlling Authorities, the entries made at point N 7 & 8 in 100-point scale of SOP issued vide letter No. A.12012 / 52/ 2018- Ad.IIIB dated 15.09.2019 shall be substituted by the following entries;

(7) ”Dependent married / unmarried / widowed / divorced daughters of deceased Government Servant”

(8). “Dependent minor children of deceased Government Servant OR dependent sister(s) / brother(s) of an unmarried deceased Government  Servant”

7. The other contents mentioned in original SOP issued vide letter A.12012 / 52 / 2018-Ad.IIIB dated 15.05.2019 will  remain unchanged. Henceforth, all the concerned are advised to strictly follow weightage points system keeping in view instructions of DoPT & Board issued from time to time.

8. This issued with the approval of Chairman (CBIC).

Yours faithfully,

(Mohammad Ashif)
Under Secretary to the Govt. of India

Source: CBIC

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Ministry of Personnel, Public Grievances & Pensions
DoPT reforms regarding Child Care Leave

Posted On: 26 OCT 2020

While briefing about some of the major reforms brought by Department of Personnel & Training (DoPT) under the Modi government, Union Minister of State (Independent Charge) Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said today that the male employees of the government are also now entitled to Child Care Leave.

However, Dr Jitendra Singh said that the provision and privilege of Child Care Leave (CCL) will be available only for those male employees who happen to be “single male parent”, which may include male employees who are widowers or divorcees or even unmarried and may therefore, be expected to take up the responsibility of child care as a single – handed parent.

PATERNITY LEAVE FOR CHILD ADOPTION/ CHILD ADOPTION LEAVE

Describing it as a path-breaking and progressive reform to bring ease of living for government servants, Dr Jitendra Singh said, the orders regarding this had been issued quite some time back but somehow did not receive enough circulation in the public.

In a further relaxation to this provision, Dr Jitendra Singh informed that an employee on Child Care Leave may now leave the head quarter with the prior approval of Competent Authority. In addition, the Leave Travel Concession (LTC) may be availed by the employee even if he is on Child Care Leave. Elaborating further, he informed that Child Care Leave can be granted at 100% of leave salary for the first 365 days and 80% of leave salary for the next 365 days.

Based on the inputs over a period of time, Dr Jitendra Singh said, another welfare measure introduced in this regard is that in case of a disabled child, the condition of availing Child Care Leave up to the age of 22 years of the child has been removed and now Child Care Leave can be availed by a government servant for a disabled child of any age.

CCL – Child Care Leave Clarification

With the personal intervention and indulgence of Prime Minister Shri Narendra Modi and his special emphasis on governance reforms, Dr Jitendra Singh said, it has been possible to make several out-of-box decisions in the DoPT over the last six years. Basic purpose behind all these decisions has always been to enable a government employee to contribute to the maximum of his potential, although at the same time there will be no leniency or tolerance toward corruption or non-performance, he said.

What is the most extreme time of leave granted to a Central Government Employee?

PIB

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No. 2/9/2017- Estt.(Pay-II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated, 9th October, 2020.

OFFICE MEMORANDUM

Latest DoPT Orders 2020

Sub: Calculation of monthly contribution towards cost of Pension payable during foreign service – Reg.

The undersigned is directed to invite reference to this Department’s OM No. 2/34/2008-Estt (Pay-II) dated 19th November, 2009 on the above subject and to say that according to this OM w.e.f. 01.01.2006, the pension contribution payable in respect of a Government employee during the active period of his foreign service shall be based on the existing basic pay (Pay in the Pay Band plus Grade Pay) of the post held by the Government servant at the time of proceeding on foreign service, and in case he receives Proforma promotion/ financial up-gradation while on foreign service, on the basic pay (Pay in the Pay Band plus Grade Pay) fixed on such promotion/ financial up-gradation.

Also check: 7TH PAY COMMISSION PENSION CALCULATION

2. Consequent upon implementation of the recommendations of the 7th CPC, the matter of issuing revised instructions on the above subject has been engaging the attention of the Government of India. The President is now pleased to decide that pension contribution payable in respect of a Government servant during the active period of his foreign service shall be based on the basic pay in the level (in Pay Matrix) of the post held by him/ her at the time of proceeding on foreign service; and in case of grant of Proforma promotion/financial up-gradation while on foreign service, the same shall be based on basic pay in the Level (in Pay Matrix) fixed on such Proforma promotion / financial up-gradation.

3. In respect of Government employees covered by the NPS, during the active period of foreign service w.e.f. 01.01.2016, it has been decided to fix the monthly Pension contribution @ 24% of basic pay in the level (in Pay Matrix) of the post held by him/her at the time of proceeding on foreign service plus DA admissible on such basic pay (i.e. employee’s contribution @ 10%, employer’s contribution @ 10% and contribution by employer for gratuity @ 4%). However, consequent to revision of Government’s contribution for NPS from 10 % to 14% w.e.f. 01.04.20 19 vide Department of Financial Services Notification dated 31.01.2019, the monthly Pension contribution for Government employees covered by the NPS w.e.f. 01.04.2019 will be 28% of basic pay in the level (in Pay Matrix) plus DA of the post held by him/her, which will include employee’s contribution @ 10%, employer’s contribution @ 14%, and contribution by employer for gratuity @ 4%. In case of grant of Proforma promotion/ financial up-gradation while on foreign service, the same shall be based on basic pay in the Level (in Pay Matrix) fixed on such Proforma promotion /financial up-gradation.

4. In respect of the employees covered under the Old Defined Benefit Pension Scheme, it has been decided to fix their rates of monthly contribution of pension during the active period of foreign service as 14% of basic pay in the level (in Pay Matrix) of the post held by him/her at the time of proceeding on foreign service plus DA admissible on such basic pay during foreign service w.e.f. 01.01.2016. The monthly contribution of pension during the active period of foreign service w.e.f. 01.04.2019 will be 18% of the basic pay in Pay Matrix of the post held by the officer at the time of proceeding on foreign service plus DA admissible on such basic pay.

In case of grant of Proforma promotion/ financial up-gradation while on foreign service, the same shall be based on basic pay in the Level (in Pay Matrix) fixed on such Proforma promotion/ financial up-gradation.

5. It has also been decided that these pension contributions would be in addition to the leave salary contributions for the period of foreign service, in respect of both NPS employees and the employees under Old Defined Benefit Pension Scheme.

6. In case of employees covered under NPS, during the period of active foreign service, the borrowing organisation shall make its part of contribution mandatorily to the NPS Account of the employee.

7. This OM will be effective from 01.01.2016. In respect of persons who are already on foreign service as on 01.01.2016, the pension contribution will be calculated at the above rates on the revised pay as per 7th CPC from the date which they opt to come over to the revised pay structure after implementation of 7th CPC recommendations, in their parent cadres. For the earlier period, the pension contributions will be as per extant orders i.e. the order in force during period prior to 01.01.20 16 from time to time.

8. The modalities! mechanism of payment of pension contribution during the active period of foreign service in respect of NPS subscribers will be issued separately.

Also check: Retirement of Government Employees on 31st March 2020 – DoPT Orders 2020

9. In their application to the persons belonging to Indian Audit and Accounts Department, these orders are issued under Article 148(5) of the Constitution and after consultation with the Comptroller & Auditor General of India.

10. Hindi version will follow.

(Rajeev Bahree)
Under Secretary to the Government of India

To
All Ministries/ Department (As per standard list)

Source: DoPT

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F.No.14(02)/2019/ D(Pen/Pol)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
D(Pension/Policy)

Room No.222, ‘B’ Wing,
Sena Bhawan, New Delhi-110011.
Dated: 5th October, 2020

To,

The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Sub: Revision of Regulation relating to rate of Family Pension (Normal rate & Enhanced rate) of Pension Regulation for the Army, Part-I (2008) in the line of amendment done in Sub Rule (3) of Rule 54 of CCS Pension Rule, 1972 by DoP&PW-reg.

Sir,

The undersigned is directed to refer to the provision of Note 3 (i) & (ii) below Army Instruction 51/80 and Regulation 64 (b) in Pension Regulation for Army, Part-I (2008) under which the minimum of 7 years of continuous qualifying service is required for grant of enhanced rate of Family Pension for the Armed Forces personnel.

2. Consequent upon issue of Gazette Notification No. 550 dated 19.09.2019 of the Ministry of Personnel, Public Grievances & Pensions, Department of Pension and Pensioners’ Welfare (DoP&PW), the condition of minimum requirement of 7 years of continuous service for grant of enhanced rate of Ordinary Family Pension in the sub rule (3)(a) & (b) of Rule 54 of CCS Pension Rule, 1972 has been deleted w.e.f 1st October, 2019 and now Government servants who died in service/ invalided out even with less than 7 years of qualifying service shall be eligible for enhanced rate of Family Pension. This notification also has a provision where a Government servant who died within ten years before the 1* day of October 2019 without completing continuous service of seven years, his family shall be eligible for family pension at enhanced rates in accordance with sub rule (3) with effect from the 1° day of October 2019, subject to fulfillment of other conditions for grant of family pension.

3, . Now, the President is pleased to decide that the same provision shall be extended to Armed Forces Personnel also. Accordingly, the clause “after having rendered not less than 7 years continuous qualifying service” of Regulation 64{b) of Pension Regulations for the Army, Part-I (2008) stands deleted w.e.f. 01.10.2019.

Also check: Provision of Invalid Pension to Armed Forces Personnel before completion of 10 years of qualifying service

4. It has also been decided that where an Armed Forces Personnel died within ten years before the 1° October, 2019 without completing continuous service of seven years, his family shall be eligible for ordinary family pension at enhanced rate as per Regulations 64(b) of Pension Regulations for the Army Part-I (2008) with effect from the 1st October 2019 subject to fulfillment of other conditions for grant of Ordinary Family Pension.

5. Further, the provision of Army Instruction No. 51/1980 would stand modified upto this extent w.e.f. 01.10.2019. The regulation and their instructions for grant of Ordinary Family Pension in Navy and Air Force shall also be amended accordingly.

6. This issues with the concurrence of the Finance Division of this Ministry vide their ID No. 10(02)/2020/FIN/ PEN dated 23.09.2020.

Also check: Pay Scales for PBORs of Armed Forces

7. Hindi Version will follow.

Yours faithfully,

Ashok Kumar
Under Secretary to the Govt. of India

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Relative Merit Points and procedure for compassionate appointments in the Department of Posts

No.17-4/2018-SPG.II
Government of India
Ministry of Communications
Department of Posts

Dak Bhavan, Parliament Street
New Delhi-110001
Dated the 28th Sep 2020

To

1. All Chief Postmasters General / Postmasters General
2. Chief General Manager, BD Directorate / Parcel Directorate / PLI Directorate
3. Director, RAKNPA / GM, CEPT / Directors of all PTCs
4. Addl. Director General, Army Postal Service, New Delhi
5. All General Managers (Finance) / Directors Postal Accounts /DDAP

Sub: Scheme for compassionate appointment – Relative Merit Points and Procedure for selection.

Madam / Sir,

I am directed to refer to Department of Posts letter No.37-36/2004- SPB-1/C dated 20.1.2010 on the above subject providing for Relative Merit Points and procedure for compassionate appointments in the Department of Posts. The matter has been reviewed keeping in view the instructions issued by Department of Personnel and Training, the changes in various factors for calculating Relative Merit Points and the changes in financial status of the family of the deceased employees consequent upon increase in the terminal benefits.

2. The Relative Merit Points (RMP) for assigning weightage to various attributes of the applicants for compassionate appointment have been reviewed. The revised RMP is based on 100 points of 10 variables with provision of additional 15 maximum bonus points for the applicant if she is the widow of the deceased employee/wife of an employee who has retired on medical grounds. The revised RMP to be applied are as laid down in Annexure 1.

3. Periodicity of CRC meeting: In respect of all applications for compassionate appointments received from January to December of a calendar year, the CRC meeting will be held by all circles once in a year, between January to March of the next calendar year.

4. Cut-Off Date: Date of death or date of retirement on medical grounds will be considered as cut off date for the purpose of assessing the indigent condition of the applicant under RMPS for compassionate appointment.

5. Circle specific vacancy: The vacancies to be utilised by a Circle for compassionate appointment in a year should not be more than 5% of the vacancies in Direct Recruitment Quota in Group C Posts in a year.

6. Place of Posting: As far as administratively feasible, applicant appointed on compassionate grounds will be posted at a place as per preference indicated or near his /her home town or in same division in which the applicant is residing, subject to availability of vacancies.

Also check: Request for relaxation in compassionate appointment – Deaths due to COVID-19 – FNPO

8. Date of effect of these guidelines: These revised guidelines will come into effect from 1st October 2020. Cases recommended by previous CRC to be considered by subsequent CRC will be considered based on these revised point system. All cases closed so far will not be reopened.

9, Instructions issued by DoPT from time to time related to compassionate appointment will continue to be guiding factor while deciding the cases.

10. This issues with the approval of Secretary (Posts).

Yours faithfully,

(G. Rajeev)
Director (Staff)
Tel. No. 23096103

Also read: Reservation in Appointment on Compassionate Ground Group ‘C’ posts

Annexure 1

New Relative Merit Point System (RMPS) for consideration of cases for Compassionate appointments

100 Point Criterion with 10 variables

(i) Basic family pension/ pension/ monthly amount received under NPS (Max 20 Points)

Note: To be verified from service records and certified by the Divisional/ Regional/ Circle Authorities.

(ii) Lump sum amount received by the family on death/ retirement on medical grounds of the Government servant (DCRG, CGEGIS, GPF/Lump sum amount received under NPS & Leave Encashment) – (Max 10 Points)

Note: To be verified from service records and certified by the Divisional/ Regional/ Circle Authorities.

(iii) Monthly income of earning member of family and income from property (Max 05 Points)

Note: To be verified from the documents (like, bank statement, ITR, certificate from Revenue Authorities) and affidavit produced by the applicant and verified by the Divisional/ Regional/ Circle Authorities.

(iv) Immovable/ Movable Property including fixed deposit/ bank deposits /investments etc but excluding the Lump sum amount as mentioned in (ii) above – (Max 05 Points)

Note: To be verified from the documents/ affidavit/ certificate from Revenue/ Municipal Authorities/ concerned departments etc produced by the applicant and verified by the Divisional/ Regional/ Circle Authorities.

(v) No. of dependents (Max 08 Points)

Note: To be verified from service records and certified by the Divisional/ Regional/ Circle Authorities .

(vi) No. of Unmarried Daughters (Max 08 Points)

Note: To be verified from the documents/affidavit/certificate issued by Revenue/ Municipal Authorities produced by the applicant and verified by the Divisional/ Regional/ Circle Authorities.

(vii) No. of Minor Children (Max 08 Points)

Note: To be verified from service records and certified by the Divisional/ Regional/ Circle Authorities.

(viii) Left over Service (Max 14 Points)

Note: To be verified from service records and certified by the Divisional/ Regional/ Circle Authorities.

(ix) Points for immediate relief (Max 12 Points)

Note: To be verified from service records and certified by the Divisional/ Regional/ Circle Authorities. Age of the case will be worked out from the date of death of employee/ retirement on medical grounds. In case a minor applies for compassionate appointment after becoming major, the period of the case will be counted from the date on which he became a major.

(x) Physically/ Mentally Challenged and chronic disease Cases (Max 10 Points)

Note: The disability as defined by DoP&T for reservation for persons with D1sabilites from time to time for appointment in Central Government will be ensured. Related certificates to be obtained accordingly.

(B) Bonus Points

 Bonus Points to Widow/Wife: In addition to the points allotted under RMP, 15 Bonus points will be allotted to applicant if she is the widow of the deceased employee/ wife of an employee who has retired on medical grounds.

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