“The power to compulsorily retire a government servant is one of the facets of the doctrine of pleasure incorporated in Article 310 of the Constitution. The object of compulsory retirement is to weed out the deed wood in order to maintain efficiency and initiative in the service and also to dispense with the services of those whose integrity is doubtful so as to preserve purity in the administration”

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6161 OF 2022

CAPTAIN PRAMOD KUMAR BAJAJ

….. APPELLANT

Versus

UNION OF INDIA AND ANOTHER

….. RESPONDENTS

J U D G M E N T

HIMA KOHLI. J.

1. The appellant is aggrieved by the judgment dated 31st May, 2022 passed by the High Court of Judicature at Allahabad, Lucknow Bench upholding the order dated 9th December, 2020 passed by the Central Administrative Tribunal, Principal Bench, that had turned down the challenge laid by him to an order dated 27th September, 2019, passed by the Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India communicating the decision of the President of India to compulsorily retire him, in exercise of powers conferred under Rule 56(j) of the Fundamental Rules.

FACTS OF THE CASE

2. The present case has a chequered history with multiple rounds of litigations spewed between the appellant and the respondents. To have an overview of the matter, we may briefly refer to some facts relevant for deciding the present Appeal. The appellant was a Permanent Commissioned Officer in the Indian Army, inducted in the year 1980. Due to a physical disability suffered by him in the course of Army operations, he was demobilized and released from service. In the year 1989, the appellant qualified the Civil Services Examination. He was appointed as an Officer and allocated to the 1990 Batch in the Indian Revenue Service. In due course of his service, the appellant was promoted to higher posts and on 12th January, 2012, he was promoted to the rank of Commissioner, in the Department of Income Tax. On 7th July, 2014, the appellant was selected and empanelled for appointment as a Member of the Income Tax Appellate Tribunal by the Selection Committee headed by a sitting Judge of the Supreme Court nominated by the then Chief Justice of India. On 15th July, 2015, the respondents forwarded the name of the appellant to the Appointments Committee of the Cabinet along with his vigilance clearance for appointment as Member (Accountant), ITAT. In the year 2016, the appellant was empanelled by the ACC for appointment as Joint Secretary to the Government of India. From the year 2017 onwards, started a saga of litigations between the appellant and the respondents, as a result whereof, his appointment as a Member of the ITAT, did not mature.

3. The first hurdle he faced was an adverse Intelligence Bureau report. This made the appellant approach the Tribunal for relief. Vide judgment dated 10th February, 2017, the Tribunal disposed of the Original Application filed by the appellant with a direction issued to the respondents to resubmit his adverse IB Report to the Selection Committee for it to take a final view on his appointment to the subject post. The said judgment passed by the Tribunal was assailed by the respondents in a writ petition before the High Court, which came to be dismissed on 30th May, 2017, with further directions issued to make the entire process of reconsideration of the appellant’s candidature by the Selection Committee, timebound. The Petition for Special Leave to Appeal preferred by the respondent – Union of India against the order dated 30th May, 2017 passed by the High Court, was also dismissed by this Court on 15th November, 2017.

4. On 29th November, 2017, a vigilance inspection was carried out in the office of the appellant. Based on the said vigilance inspection, the respondents issued a show cause notice to him on 31st January, 2018. Ten days before that, on 21st January, 2018, the vigilance clearance earlier granted in favour of the appellant, was withheld by the respondents. Both the aforesaid orders were assailed by the appellant by filing separate Original Applications before the Tribunal. Initially, an interim order was passed by the Tribunal observing that the show cause notice issued by the respondents would not impede the appellant’s consideration for appointment to the post of Member, ITAT. On 4th May 2018, another interim order was passed by the Tribunal, observing that withholding of the vigilance clearance of the appellant will not come in his way for appointment to the subject post. In the interregnum, on 11th April, 2018, the appellant was placed in the “Agreed List”, which is a list of Gazetted Officers of suspect integrity prepared by the Department. Pertinently, a second Petition for Special Leave to Appeal filed by the respondents against the interim relief granted by the Tribunal in favour of the appellant and duly confirmed by the High Court in WP (C) No. 22179-22187 of 2018 on 06.08.2018, was dismissed by this Court on 29.03.2019.

5. Aggrieved by the aforesaid action taken by the respondents of placing his name in the Suspect List, the appellant approached the Tribunal for a third time and in the said proceedings, an interim order was granted in his favour. Finally, vide common judgment dated 5th March, 2019, the Tribunal allowed two Original Applications filed by the appellant [O.A. No.137 of 2018 and O.A. No.279 of 2018], quashing inclusion of his name in the “Agreed List” and the consequential proceedings as also the decision taken by the respondents to deny him vigilance clearance. The Tribunal also directed the respondents to forward the name of the appellant to the appropriate Authority for selection/appointment to the post of Member, ITAT. However, the respondents did not comply with the said order and filed a writ petition before the High Court. Admittedly, no interim order was passed by the High Court staying the operation of the judgment dated 06th March, 2019, passed by the Tribunal.

6. Aggrieved by the non-compliance of the order dated 30th May, 2017, passed by the High Court in his favour, the appellant filed a contempt petition before the High Court. Vide order dated 13th August, 2019, the High Court permitted impleadment of the then Chairman of the Central Board of Direct Taxes 6 in the contempt petition and issued him a notice to show cause as to why he should not be punished for wilful disobedience of the order dated 30th May, 2017, passed in the writ proceedings.

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NOTICE

As per simplification of passport rules, now the government servants need not obtain an NOC for the passport. They can simply fill up the Annexure-H of the passport application and give an intimation to their department to obtain a passport.

There are many cases in which still the undersigned is being put up a lot of cases to obtain passport NOC. It is not at all needed so long as a mere intimation of Annexure-H is being given to department. Needless to mention that the process to obtain the Ex-India leave is the same as before.

For benefit of all, a copy of simplification of passport rules and the Annexure-H is being attached along with this letter.

Thus, please do not send any files or application for passport NOC henceforth and simply give an intimation in Annexure-H.

This is for information of all please.

Sd/-28/07/2022
DPO/FZR

ANNEXURE

SIMPLIFICATION OF PASSPORT RULES

In order to streamline, liberalize and ease the process of issue of passport, the Ministry of External Affairs has taken a number of steps in the realm of passport policy to ease the process of issue of passports. The details of these steps are given below:-

A. Documents in support of proof of Date of Birth

As per the extant statutory provisions of the Passport Rules, 1980, all the applicants born on or after 26/01/1989, in order to get a passport, had to, hitherto, mandatorily submit the Birth Certificate as the proof of Date of Birth (DOB). It has now been decided that all applicants of passports can submit any one of the following documents as the proof of DOB while submitting the passport application:

• (i) Birth Certificate (BC) issued by the Registrar of Births & Deaths or the Municipal Corporation or any other prescribed authority whosoever has been empowered under the Registration of Birth & Deaths Act, 1969 to register the birth of a child born in India;
• (ii) Transfer/ School leaving/ Matriculation Certificate issued by the school last attended/ recognized educational board containing the DOB of the applicant;
• (iii) PAN Card issued by the Income Tax Department with the DOB of applicant;
• (iv) Aadhaar Card/ E-Aadhaar having the DOB of applicant;
• (v) Copy of the extract of the service record of the applicant (only in respect of Government servants) or the Pay Pension Order (in respect of retired Government Servants), duly attested/ certified by the officer/ in-charge of the Administration of the concerned Ministry/ Department of the applicant, having his DOB;
• (vi) Driving license issued by the Transport Department of concerned State Government, having the DOB of applicant;
• (vii) Election Photo Identity Card (EPIC) issued by the Election Commission of India having the DOB of applicant;
• (viii) Policy Bond issued by the Public Life Insurance Corporations/ Companies having the DOB of the holder of the insurance policy.

B. Other Changes:

(i) The online passport application form now requires the applicant to provide the name of father or mother or legal guardian, i.e., only one parent and not both. This would enable single parents to apply for passports for their children and to also issue passports where the name of either the father or the mother is not required to be printed at the request of the applicant.

(ii) The total number of Annexes prescribed in the Passport Rule, 1980, has been reduced to 9 from the present 15. Annexes A, C, D, E, J, and K have been removed and certain Annexes have been merged.

(iii) All the annexes that are required to be given by the applicants would be in the form of a self declaration on a plain paper. No attestation/swearing by/ before any Notary/ Executive Magistrate/ First Class Judicial Magistrate would be henceforth necessary.

(iv) Married applicants would not be required to provide the erstwhile Annexure K or any marriage certificate.

(v) The passport application form does not require the applicant to provide the name of her/his spouse in case of separated or divorced persons. Such applicants for passports would not be required to provide even the Divorce Decree.

(vi) In case of children not born out of wedlock, the applicant for the passport of such children should submit only extant Annexure C while submitting the passport application.

(vii) In case of issue of passport to in-country domestically adopted children, submission of the registered adoption deed would no longer be required. In the absence of any deed to this effect, the passport applicant may give a declaration on a plain paper confirming the adoption.

(vii) Government servants, who are not able to obtain the Identity Certificate (extant Annexure-A)/ No-Objection Certificate (extant Annexure-G) from their concerned employer and intend to get the passport on urgent basis can now get the passport by submitting a self-declaration in extant Annexure-H that he/she has given prior Intimation Letter to his/her employer informing that he/she was applying for an ordinary passport to a Passport Issuing Authority.

(viii) Sadhus/ Sanyasis can apply for a passport with the name of their spiritual Guru mentioned in the passport application in lieu of their biological parent(s) name(s) subject to their providing of at least one public document such as Election Photo Identity Card (EPIC) issued by the Election Commission of India, PAN card, Aadhaar Card, etc wherein the name of the Guru has been recorded against the column(s) for parent(s) name(s).

(ix) Orphaned children who do not have any proof of DOB such as Birth Certificate or the Matriculation Certificate or the declaratory Court order, may now submit a declaration given by the Head of the Orphanage/ Child Care Home on their official letter head of the organization confirming the DOB of the applicant.

(x) An applicant for a passport has to submit any one of the documents as mentioned in (A) above as proof of Date of Birth (DOB) while submitting the passport application. The DOB mentioned in the document would be recorded in the passport. In case there is a discrepancy between the DOB previously recorded in the passport and the new proof of DOB submitted by the applicant, the Passport Issuing Authorities (PIA) have been authorized to consider the explanation of each applicant seeking change in the DOB (irrespective of the period that would have lapsed after the issue of the passport) to find the genuineness of the claim and if the PIA is satisfied with the claim and with the document(s) submitted by the applicant in support of the claim, the PIA shall accept all such requests made by the applicant to issue the passport with revised DOB.

(xi) Passports can be now obtained under the ‘Tatkaal’ Scheme without providing the Verification Certificate from a Gazetted Officer, which was required earlier. The documents to be submitted for getting a passport under this Scheme have been notified vide G.S.R. 39(E) dated 11 January, 2018.

(xii) Passports can now also be obtained under the Normal scheme on out-of-turn post-Police Verification basis without paying any additional fees on the submission of certain documents as notified vide G.S.R. 39(E) dated 11 January, 2018.

ANNEXURE-H

PRIOR INTIMATION (PI) LETTER FROM THE GOVERNMENT/ PSU/ STATUTORY BODY EMPLOYEE TO HIS/HER ADMINISTRATIVE OFFICE FOR SUBMISSION OF PASSPORT APPLICATION FOR HIMSELF/ HERSELF (ON PLAIN PAPER)

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No. 13020/1/2019-Estt(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Old JNU Campus, New Delhi 110 067
Dated: 01.03.2021

OFFICE MEMORANDUM

Subject:- Clarification on regularization of absence during COVID-19 pandemic lockdown period – regarding.

This Department has been receiving several references requesting for clarification relating to the regularization of absence during the COVID-19 epidemic lockdown period.

2. In this regard, it is stated that this Department has already issued a clarification on regularization of absence during COVID-19 lockdown period vide DoPT’s OM no. 14029/5/2020-Estt.(L)(pt.) dated 28.07.2020 (copy enclosed).
3. It is further clarified that this Department’s OM dated 28.07.2020 has been issued in view of the circumstances that the country is going through due to COVID-19 situations and the unavoidable problems faced by the Government employees in different sectors under the Government of India. A general terminology has been adopted to cover all kinds of problems faced by the employees due to the COVID-19 situation. The said OM may not touch all specific circumstantial problems faced by all employees under the Government of India; however, an interpretation of such circumstances in congruence with the clarification made in the above OM is adaptable.
4. Therefore, all Ministries / Departments may examine cases relating to regularization of absence during the COVID-19 lockdown period in the light of this Department’s OM dated 28.07.2020 referred to above and the guidelines issued by the Ministry of Health and Family Welfare and Ministry of Home Affairs from time to time.

(Sunil Kumar)
Under Secretary to the Government of India

Central government employees news latest update today

Source: DoPT

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

CIRCULAR

Rail Bhawan is located at Central Vista which is a very sensitive/ high-security zone due to its proximity to Parliament House, Rashtrapati Bhawan, and other Secretariat buildings. Instructions have, therefore, been issued from time to time by Railway Board that officers and staff of Railway Board will have access to Rail Bhawan only on display of their Identity Cards issued by Ministry of Home Affairs (MHA) on their person which will enable the security personnel to maintain proper access control to Rail Bhawan and in distinguishing Railway Board employees from visitors.

As the above aforesaid instructions are not being followed diligently, it is reiterated that all employees of Railway Board should invariably display their Identity Cards issued by Ministry of Home Affairs (MHA) on their persons while entering Rail Bhawan as well as during the period of their stay in it. To ensure compliance with these instructions, security personnel posted in Rail Bhawan are being advised to deny entry to any officer or staff in Rail Bhawan, irrespective of designation, who do not display their identity card issued by MHA.

In the above matter, a copy of latest O.M.No.D-32018/2/2008-SSO dated 28.08.2017 issued by Ministry of Home Affairs (Secretariat of Security Organisation) is enclosed for information.

(T.Srinivas)
Director (GA)
Railway Board

No.2020/G/ IC/3
Dated: 11.02.2021

No.D-32018/2/ 2008-SSO

Government of India
Ministry of Home Affairs
(Secretariat Security Organisation)

NDDC-II Building, Jai Singh Road,
New Delhi, the 28th Aug 2017.

OFFICE MEMORANDUM

Sub: Display of Identity Cards by Government Servants while entering and during stay in Government buildings under MFIA security cover – reg.

The undersigned is directed to say that the Government buildings under MHA security cover are high-security zones, the access to which is regulated as per Central Secretariat Security Instructions, 1976. As per these instructions, Government servants are allowed access to the Government buildings only by displaying their ID cards. Ministry of Home Affairs has issued several instructions in the past emphasizing the need for the display of Identity Cards by all officers and staff working in the Government buildings to enable the security personnel to maintain proper access control and in distinguishing employees from visitors. Security personnel posted in various Government buildings have brought to the notice of this Ministry instances where some Government employees are reluctant, at times even adamant, not to show Identity Cards while entering the Government buildings. It may be appreciated that this is not desirable keeping in view the heightened threat perception to Government Buildings and other installations.

2. It is, therefore, requested that the officers and staff working in various Government buildings may be sensitized to display their identity cards on their person while entering the building as well as during their stay in it. It is also requested that in order to emphasize the importance of the issue, signage clearly mentioning ” PLEASE DISPLAY YOUR IDENTITY  CARDS  WHILE STAY IN THE BUILDING ” may be displayed at all the entries gates to the building. Simultaneously, security personnel posted in various Government buildings are being advised to deny entry to any officer or staff in the building irrespective of designation who do not display their Identity Cards issued by MHA.

S/d,
Under Secretary to the Govt. of India.

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After the 7th CPC Revision of limits of two family pension payable to a child in respect of both the parents

The highest pay in the Government has been revised to Rs. 2, 50,000/ – per month after the 7th CPC. Accordingly, it is clarified that, with effect from 01.01.2016, the amount of Rupees forty five thousand per month in Rule 54(11)(a)(i) & (ii) shall stand revised to Rupees one lakh- twenty-five thousand per month (being 50% of Rs. 2,50,000/ -) and the amount of twenty seven thousand per month in Rule 54(11)(b) shall stand revised to Rupees seventy five thousand per month (being 30% of Rs. 2,50,000/ -)

1/ 1(2)/ 2020-P&PW (E) Part-1
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi
Dated 12th February, 2021

OFFICE MEMORANDUM

Subject: Revision of limits of two family pensions payable to a child in respect of both the parents after the 7th CPC.

In accordance with sub-rule (11) of rule 54 of the Central Civil Services (Pension) Rules 1972, in case both wife and husband are Government servants and are governed by the provisions of that rule, on their death, the surviving child/ children is/ are eligible for two family pensions in respect of the deceased parents. As per the existing rule 54, if one of the parents dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified below:

Also Read: Eligibility of divorced daughters for grant of family pension

• (a) (i) If the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in sub-rule (3) of Rule 54, the amount of both the family pensions shall be limited to forty-five thousand rupees per month;
  (ii) If one of the family pensions ceases to be payable at the rate mentioned in sub-rule (3) of Rule 54, and in lieu thereof the family pension at the rate mentioned in sub-rule (2) of Rule 54 becomes payable, the amount of both the pensions shall also be limited to forty-five thousand rupees per month.
• (b) If both the family pensions are payable at the rates mentioned in sub-rule (2) of Rule 54, the amount of two family pensions shall be limited to twenty-seven thousand rupees per month.

2. The limits of Rs. 45,000/ – per month and Rs. 27,000/ – per month in the existing Rule 54(11) were determined at the rate of 50% and 30%, respectively, of the highest pay of Rs. 90,000/ – in the 6th CPC and were notified vide Notification No. 38/ 80/ 2008-P&PW (A) dated 8th June 2011 (GSR 176 dated the 11th June 2011).

3. References have been received in this Department in regard to the limits of two family pensions payable to child/ children in respect of both the parents, after the 7th CPC.

4. The highest pay in the Government has been revised to Rs. 2, 50,000/ -per month after the 7th CPC. Accordingly, it is clarified that, with effect from 01.01.2016, the number of Rupees forty-five thousand per month in Rule 54(11)(a)(i) & (ii) shall stand revised to Rupees one lakh- twenty-five thousand per month (being 50% of Rs. 2,50,000/ -) and the amount of twenty-Seven thousand per month in Rule 54(11)(b) shall stand revised to Rupees seventy five thousand per month (being 30% of Rs. 2,50,000/ -).

Retirement guide for a central government employees

5. Formal amendment to the Central Civil Services (Pension) Rules in this respect shall be notified separately.

sd/ –
Sanjoy Shankar
Deputy Secretary to the Government of India

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Government of Tamil Nadu
2021

Finance [Salaries] Department
G.O.Ms.No.27, Dated 20th January 2021
(Saarvari, Thai-7, Thiruvalluvar Aandu-2052)

ABSTRACT

Loans and Advances – Conveyance Advance – Enhancement of monetary limit for purchase of motor cars and motorized two wheelers – Revision of eligibility criteria – Orders Issued.

Read:-

1. G.O.Ms.No.485, Finance (Salaries) Department, dated: 08.08.1996.
2. G.O.Ms.No.403, Finance (Salaries) Department, dated: 13.08.1998.
3. G.O.Ms.No.91, Finance (Salaries) Department, dated: 11.03.1999.
4. G.O.Ms.No.467, Finance (Salaries) Department, dated: 22.09.2009

ORDER:-

In the Government Order first, second, third and fourth read above, orders were issued fixing the quantum of advance for the purchase of conveyance and revising the eligibility criteria.

Implementation of the recommendation of the Seventh Central Pay Commission- Conveyance Allowance

2. The Public (Special-B) department has requested the Finance department to study the feasibility of increasing the ceiling of the Motor Car Advance now being sanctioned to Government servants as one of the better methods of increasing the consumption in the economy.

3. The Government, after careful consideration has decided to enhance the quantum of advance for purchase of motor cars and motorized two wheelers. Accordingly Government direct that the quantum of advance for purchase of new motor car be enhanced as indicated below:

4. Government also order that in respect of motorized two-wheelers, the existing distinctions based on the capacity of the engine be hereby dispensed with and all regular Government employees in time scale of pay shall be eligible for a uniform maximum ceiling of Rs.1,00,000/- (Rupees one lakh only) for all categories of motorized two-wheelers

5. The revised norms will be subject to the following conditions:

• a) If the actual value of the car or two wheeler purchased is below the ceilings prescribed above, the admissible advance will be restricted to the cost of the vehicle including taxes, registration and insurance.
• b) As already done in the case of two-wheelers, no advance shall be given for the purchase of second hand motor cars.
• c) The revised ceilings prescribed above are applicable for the year 2020-2021. For every subsequent year, the ceiling shall be automatically enhanced by 5% over the previous year.
• d) The period of recovery of the advance and the other rules and regulations for sanction of conveyance advance shall remain unchanged.

6. Necessary amendment to Tamil Nadu Financial Code Volume-I will be issued separately.

7th CPC revised conveyance allowance rates for Railway Medical Officers

(BY ORDER OF THE GOVERNOR)

S.KRISHNAN
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT

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Office of Controller General of Accounts
Ministry of Finance,
Department of Expenditure
Mahalekha Niyantrak Bhawan
E-Block, GPO Complex, INA,

New Delhi-110023
31st December 2020

No. R-1106/3/2020-GBA-CGA/ 958-1003

OFFICE MEMORANDUM

Sub: Issuance of Pre-Loaded Rupay Cards for Government Servants as part of Special Festival Advance

Reference is invited to the Ministry of Finance, Department of Expenditure, OM no.F.No.12(2)/ 2020-EII(A) dated 12t October 2020 notifying that all Government employees will be given an interest free special festival advance of Rs. 10,000/- to meet expenses related to ensuing festivals. It was decided that the amount would be released through pre-loaded Rupay Cards issued by SBI.

2. The Standard Operating Procedure (SOP) for disbursal of pre-paid UTSAV Card has also been circulated by DoE vide its OM dated 13 October 2020 (copy enclosed). The timeline for utilizing the advance is till 31st March 2021. Vide said OM, it was desired to send the requisite details in standard indent format for UTSAV Card to be mailed to agm2debitcards.dtb@sbi.co.in with a copy to dgmdebitcards.dtb@sbi.co.in.

3. Chief General Manager, Govt. Banking Unit, SBI is coordinating with
   Ministries/ Departments to take the Government’s initiative forward so that maximum members of Central Government Employees take the benefit of the interest free advance.
   
4. A Nodal Officer has also been designated from SBI for this purpose as per detail given as under:-

Mr. Sujay Kumar Yadav, DGM (D&TB P&O), SBI, Corporate Centre,
Mittal Tower, Nariman Point, Mumbai- 400021
Tel :- 022-22835514, E-Mail address: dgmdebitcards.dtb@sbi.ca.in.

5. All the Pr. CCAs/ CCAs/ CAs (Independent Charge) of Ministries/ Departments are, therefore, requested to bring the contents of OM dated 13 October 2020 to the notice of all its attached and subordinate Office for their information/ necessary action and arrange for early submission of indents as per SOP, If not already done.

(Padamsing Patil)
Asst. Controller General of Accounts (CGA)

To

1. Pr. CCAs/ CCAs/ CAs with independent charge of all the Ministries /Departments of Government of India
2. Sh. Manish Tandon, CGM(GBU), Govt. Banking Unit, State Bank of India, Corporate Centre, New Delhi.

Disbursement of pre-paid UTSAV Card to the Central Government Employees advance before Deepawali – Special festival package

Source: cga.nic.in

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Latest DoPT Orders 2020

MOST  IMMEDIATE
OUT TODAY

No.45018/ 1/2017-Vig.
Government of India
Ministry of Personnel,  P.G. & Pensions
Department  of  Personnel  & Training

North Block, New Delhi,
Dated the 25th November, 2020

Subject: Proposed nationwide protest by Confederation of Central Government Employees & Workers on November 26th 2020 – Instructions under CCS (Conduct Rules), 1964 – Regarding.

It has been brought to the notice of the Government that Confederation of Central Government Employees & Workers has decided to observe nationwide strike on 26th November, 2020 in order to demand related to pay, pension and service matters.

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow or  any action that abet any form  of strike/ protest in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the  proviso to Rule 17(1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed  right to strike/ protest.  There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with law. Any employee going on strike in any form would face the consequences which,  besides deduction of wages, may also include appropriate disciplinary action. Kind attention  of all employees of this Department  is also drawn to this Department’s O.M. No. 33012 / 1/(s) / 2008-Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure -A) .

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed strike, and ensure that the willing employees are allowed hindrance free entry into the office premises.

Confederation of Central Government employees – One Day Nation Wide Strike 26th November 2020

4. In case employees go on strike, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty on the day of strike, i.e., 26.11.2020.

(A.k Singh)
Under Secretary to the Govt. of India
011-23094579

To

• EO&AS/ AS(S&V) / AS(Trg.) / AS(E) / Secretary( PESB) / PS to MOS(PP) / PSO to Secretary( P)
• All Officers/ Sections (including PESB) of Department of Personnel & Training

Source: DoPT

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Most Immediate

F.No.12(2)/2020 -E.IIA (Pt.)
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi,
Dated: 4th November, 2020.

Office Memorandum

Subject: Grant of Advance – Special festival package to Government Servants.

The undersigned is directed to refer to this Department’s OM of even number dated 12th October, 2020 followed by SOP/ instructions for DDOs vide OM of even number dated 13th and 16th October, 2020 on the above mentioned subject.

2. In this regard, all Ministries / Departments are requested to instruct the concerned Drawing & Disbursing Officers (DDOs) to ensure the disbursement of pre-paid UTSAV Card to the applicant Government Servants well in advance before Deepawali.

FinMin Order – Grant of Festival Advance to Central Government Employees

3. This issues with the approval of Competent Authority.

(Prateek Kumar Singh)
Deputy Secretary to the government of India
Tele: 23092604

All Ministries / Departments of Government of India

Source: DoE

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No.NC-JCM-2020/ DOPT (DA)

October 08, 2020

The Secretary,
Government of India,
Department of Personnel & Training,
North Block,
New Delhi

Dear Sir,

Sub: Computation of gratuity and leave encashment in the case of persons retired/ to be retired after 1.1.2020 Consequent upon the denial of DA/DR

We invite your kind attention to the orders in F. No. 1/1/2020-E II (B) dated 23.04.2020 wherein the decision of the Government to deny the dearness allowance dearness relief to the employees and pensioners respectively has been conveyed. We had written two letters in the matter on 23rd April 2020 and on 26th May 2020. The undersigned had taken up the issue also with the Cabinet Secretary. when he assured of an informal discussion in the matter with the Staff Side. However. no talks have taken place thereafter. It is not for the first time that the Government is by pausing the National Council. Staff Side. On the last occasion. when the National Council met. we had pointed out the inordinate delay in convening the meetings. We are constrained to believe that the Government wanted the negotiating body to have a burial. I am however duty bound to convey the growing resentment of the employees over this unprecedented decision. As the Government has decided to deny the dearness relief to the pensioners. the pensioner community is in great financial stress as many of them are compelled to spend exorbitant amount for the treatment of Covid.

It has been brought to our notice that the denial of DA and freezing the same forced 18 months from 1.01.2020 to 1.07.2021 has created a piquant situation for the lower level administrative functionaries to correctly compute the retirement benefits in the case of those civil servants who are retiring after the date of issue of the above cited O.M. The definition of “emoluments” for the purpose of computing the gratuity as also the leave salary (of the accumulated leave) includes Dearness allowance as admissible and not as paid or payable to the Government servant. Without exception. every administrative Department has computed the entitlement on this account only with reference to the Basic pay Dearness allowance paid or received by the concerned individual i.e 17%, Either 21% w.e.f 1-1-2020 or figure increase in percentage are not taken into account while calculating gratuity and leave salary. Since the order of the Finance Ministry clearly stipulates that the Dearness Allowance admissible to the Government servants would be restored on 1.07.2021. the computation of Gratuity and leave salary without taking into account the DA as admissible to the individual Government servant is incorrect. Annexed to this letter is an example as to how the individual loses out if the present faulty, computation procedure is followed It could be seen from the given example, the concerned Government servant will lose a staggering sum of Rs. 57116 because of this faulty computation.

The Government is required to pass the orders as and when the DA has become due, Freezing it for certain period of time or denying it altogether for a specified duration are altogether different issues. Our objection to the adopted policy has already been conveyed to the Government. The faulty computation of Gratuity and Leave salary is not even intended by the order issued by the Government on 23rd April, 2020.

Also check: Benefit of gratuity in respect of Central Government Employees counting of service on joining new service covered under National Pension System (NPS)

We, therefore. request you to kindly get the matter examined and ensure that

(i) Orders are issued as and when the Dearness allowance has to be revised on the basis of the cost of living index;
(ii) Direct the administering Ministries to compute the emoluments of persons who are to retire during the period of freezing, taking the correct amount of DA as admissible to receive and not what has been paid to him for computing gratuity and leave salary
(iii) The orders revising the rate of DA DR are to be issued in April, 2020, before September, 2020 and again in April, 2021.

Thanking you,

Yours faithfully,

Shiva Copal Mishra
Secretary

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