Latest DoPT Orders 2022

No.DOPT- 1669271204071
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
ESTT.(Estt. C)

(Dated 24 November, 2022 )

OFFICE MEMORANDUM

Forwarding of Application

This Department has issued various instructions from time to time regarding forwarding of applications of Government servants for outside employment. It is now decided to consolidate all such instructions at one place for better understanding and guidance. They are as under:

GENERAL GUIDELINES

These guidelines relate to forwarding of applications of Government servants as direct recruit for posts within the Central Government, State Governments, Autonomous/ Statutory Bodies, CPSEs etc. It may be noted that in a case in which a particular employee cannot be spared without serious detriment to important work in hand, public interest would justify withholding of his application even if otherwise the application would have been forwarded. It may be added for information that where for good and sufficient reasons an application is withheld no infringement of any Constitutional right is involved.

[O.M. No. 170/51-Ests., dated the 21.10.1952]

2. INTERPRETING THE TERM ‘PUBLIC INTEREST’

a. The Heads of Departments should interpret the term ‘public interest’ strictly and subject to that consideration, the forwarding of applications should be the rule rather than an exception. Ordinarily, every employee (whether scientific and technical or non-scientific and non-technical personnel) should be permitted to apply for an outside post even though he may be holding a permanent post.

b. No distinction need be made between applications made for posts in a Department under the Central government, Autonomous Bodies or sub-ordinate offices, posts under the State Governments, posts in Public Sector Undertakings owned wholly or partly by the Central Government or a State Government and posts in quasi-Government organizations. They should all be treated alike so far as the forwarding of applications is concerned. If, however, a Government servant desires to apply for a post in a private concern, he should submit his resignation or notice of retirement, as the case may be, before applying for private employment.

c. For this purpose, “scientific and technical personnel”, may be interpreted to mean persons holding posts or belonging to services which have been declared to be scientific or technical posts or scientific or technical service.

[O.M. No. 70/10/60-Estt. (A), dated 09.05.1960] and
[O.M. No. 8/7/69-Ests(C) dated the 01.11.1970]

3. GENERAL PRINCIPLES FOR DEALING WITH SUCH APPLICATIONS

The general principles to be observed in dealing with such applications are as under:

a. Applications from purely temporary Government servants – Applications from such Government servants should be readily forwarded unless there are compelling grounds of public interest for withholding them.

b. Applications from permanent Government servants – Both permanent non-scientific and non-technical employees as well as permanent scientific and technical employees could be given four opportunities in a year to apply for outside posts, except where withholding of any application is considered by the competent authority to be justified in the public interest. A permanent Government servant cannot justly complain of hardship or harsh treatment if his application for any other post or employment is withheld.

c. Applications of Government servants who have been given some technical training at Government expenses after commencement of service – Such Government servant cannot justifiably complain of hardship if he is not allowed to capitalize the special qualifications so gained by seeking other better employment. Withholding of application in such a case is therefore justifiable.

d. Applications of Government servants belonging to Scheduled Castes and Scheduled Tribes, other than ‘scientific and technical’ personnel — Applications for employment of temporary or permanent Central Government servants belonging to Scheduled Castes and Scheduled Tribes should be readily forwarded except in very rare cases where there may be compelling grounds of public interest for withholding such application. The withholding of application should be the exception rather than the rule in the case of employees belonging to Scheduled Castes and Scheduled Tribes who should be afforded every facility to improve their prospects.

e. Application of Government servants for employment in private business and industrial firm, etc. – Where a Government servant (including a temporary Government servant) seeks permission, to apply for such employment, he should submit his resignation or notice of retirement, as the case may be, before applying for private employment. He cannot complain of hardship if his application is withheld. While a person remains in Government service, the State can legitimately refuse to surrender its claim on his services in favour of a private employer.

[O.M. NO. 170/51-ESTS., DATED THE 21.10.1952;
OM NO. 70/10/60-ESTS(A) DATED 09.05. 1960;
OM NO. 1/6/64-SCT. I DATED 19.03. 1964;
O.M. NO. 5/2/68-ESTT.(C) DATED 06.05.1968;
OM NO. 8/7/69-ESTS(C) DATED 01.11.1970;
OM NO. 8/15/71-ESTS(C) DATED 16.09.1971 ;
OM NO. 8/22/71-ESTS(C) DATED 16.10.1971]

4. PROCEDURE TO BE FOLLOWED IN THE CASE OF THOSE WHO APPLY FOR POSTS IN THE SAME/ OTHER CENTRAL GOVERNMENT DEPARTMENTS/ STATE GOVERNMENT/ AUTONOMOUS BODY/ CENTRAL PUBLIC SECTOR ENTERPRISES ETC.

a. Applications from Government servants for employment elsewhere, submitted otherwise than in response to advertisement or circulars inviting applications, should not be forwarded.

[O.M. No. 5/3/65-Ests(C) dated the 21.12.1965]

b. The applications may be forwarded in accordance with the general principles given in preceding paragraphs, irrespective of whether the post applied for in the other department/office is permanent or temporary.

c. As for temporary Government servants they should, as a matter of rule, be asked to resign from the parent department/office at the time of release from the parent department/office. An undertaking to the effect that he/she will resign from the parent department/office in the event of his/her selection and appointment to the post applied for may be taken from his/her at the time of forwarding the application. This procedure is to be followed even in case of a temporary Government servant applying as a direct recruit for a post in the same organisation.

d. In the case of permanent Government servants, their lien may be retained in the parent department/office for a period of two years in case of the new post being in the Central/State Government. They should either revert to the parent department/office within that period or resign from the parent department/office at the end of that period. An undertaking to abide by these conditions may be taken from them at the time of forwarding the applications to other departments/office. In exceptional cases where it would take some time for the other department/office to confirm such Government servants due to the delay in converting temporary posts into permanent ones, or due to some other administrative reasons, the permanent Government servants may be permitted to retain their lien in the parent department/office for one more year. While granting such permission, a fresh undertaking similar to the one indicated above may be taken from the permanent Government servants by the parent department.

e. Permanent Government servants on their being selected for appointment in an autonomous Body/ CPSE will have to resign before they are permitted to join the new organization. In their case no lien shall be retained and they will be governed by the orders issued by Department of Pensions & Pensioners’ Welfare regulating mobility of personnel between Central Govt. and Autonomous Bodies/ CPSEs etc.

f. The Terms of the bond need not be enforced in the cases of those who apply for appointment elsewhere, other than private employment, through proper channel. However, the obligations under the bond would be carried forward to the new employment. An undertaking to this effect may be obtained from the Govt. servant before he is relieved.

[O.M. No. 60/37/63-Ests(A) dated 14.07.1967;
OM No. 8/4/70-Ests(C) dated 06.03.1974;
O.M. No. 28016/5/85-Estt(C) dated 31.01.1986]

5. POSTS ADVERTISED BY UNION PUBLIC SERVICE COMMISSION (UPSC)/STAFF SELECTION COMMISSION (SSC)

a. Where Government servants apply directly to UPSC/SSC as in the case of direct recruit, they must immediately inform the head of their Office/Department giving details of the examination/post for which they have applied, requesting him to communicate his permission to the Commission directly. If, however, the Head of the Office/Department considers it necessary to withhold the requisite permission, he should inform the Commission accordingly within thirty days of the date of closing for receipt of applications. In case any situation mentioned in para 6 below is existing, the requisite permission should not be granted and UPSC/SSC should be immediately informed of this fact as also the nature of allegations against the Government servant. It should also be made clear that in the event of actual selection of Government servant, he would not be relieved for taking up the appointment, if the charge-sheet/prosecution sanction is issued or a charge-sheet is filed in a court for criminal prosecution, or if the Government servant is placed under suspension.

b. It may be noted that in case of direct recruitment by selection, i.e., “selection by interview”, it is the responsibility of the requisitioning Ministry/Department to bring to the notice of the Commission any point regarding unsuitability of the candidate (Government servant) from the vigilance angle and that the appropriate stage for doing so would be the consultation at the time of preliminary scrutiny, i.e., when the case is referred by the Commission to the Ministry/Departments for the comments of the Ministry’s representatives on the provisional selection of the candidate for interview by the Commission.

[O.M. No. 14017/101/91-Estt.(RR) dated the 14th July, 1993
& O.M. No. 20016/1/88-Estt.(C) dated 18/07/1980]

c. When once the Administrative Authority has forwarded an application, it is mandatory that the Government employee concerned should be released to take up the new appointment. However, where subsequent to the forwarding of the application, but before selection if exceptional circumstances arise in which it may not be possible to release the official, the fact should be communicated to the Commission as well as to the official concerned. The decision not to release an official should be taken only where the circumstances referred to above are really exceptional.

[O.M. No. 60/43/64-Ests(A) dated the 24.08.1965]

6. CIRCUMSTANCES IN WHICH APPLICATION SHOULD NOT BE FORWARDED

Application of a Government servant for appointment, whether by direct recruitment, transfer on deputation or transfer, to any other post should not be considered/ forwarded, if:

(a) (i) he is under suspension; or

(ii) disciplinary proceedings are pending against him and a charge sheet has been issued; or

(iii) sanction for prosecution, where necessary has been accorded by the competent authority; or

(iv) where a prosecution sanction is not necessary, a charge-sheet has been filed in a Court of law against him for criminal prosecution.

(v) where he is undergoing a penalty — no application should be forwarded during the currency of such penalty.

(b) When the conduct of a Government servant is under investigation (by the CBI or by the Controlling Department) but the investigation has not reached the stage of issue of charge-sheet or prosecution sanction or filing of charge-sheet for criminal prosecution in a court, the application of such a Government servant may be forwarded together with brief comments on the nature of allegations and it should also be made clear that in the event of actual selection of the Government servant, he would not be released for taking up the appointment, if by that time any of the situations in (a) above arises.

[O.M. No. 14017/101/91-Estt.(RR) dated the 14th July, 1993]

7. FORWARDING OF APPLICATIONS FOR POSTS ADVERTISED BY CENTRAL/ PUBLIC SECTOR UNDERTAKINGS/ CENTRAL AUTONOMOUS BODIES

Applications of Central Government Servants in response to press advertisement for posts in Central Public Enterprises/Autonomous Bodies may be forwarded with a clear understanding with the employee that in the event of their selection for the post applied for they will sever their connections with the Government before joining the Public Sector Undertakings/ Autonomous Bodies. No lien shall be retained in such cases. The relieving order should indicate the period within which the official should join the Public Sector Undertaking/ Autonomous Body. Normally this period should not be more than 15 days. This period may be extended by the competent authority for reasons beyond the control of the official. Necessary notification/ orders accepting the resignation of the Govt. servant from Govt. service should be issued from the actual date of his/her joining the Public Sector Undertaking/Autonomous Body. The period between the date of relieving and the date of joining Public Sector Undertaking/ Autonomous Body can be regulated as leave of the kind due and admissible and if no leave is due, by grant of extra ordinary leave. In case he/she is not able to join the Public Sector Undertaking/Autonomous Body within the period allowed by the competent authority, he/she should report back to the parent office forthwith.

8. In case any reference to the relevant OM is required, the same may be accessed by clicking the hyperlink given below:

The post Forwarding of Application of Central Government Employees for outside employment, Information Document by DoPT appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

1. Approved by Cabinet – 26
2. Status of Proposals under consideration – 24
   1. Meeting of Cadre Review Committee held – 12
   2. CRC Meeting held – 2
   3. Pending for consideration of CRC – 1
   4. Pending with Department of Expenditure – 4
   5. Pending with DoPT – 2
   6. Information/clarification/reply pending with CCA – 3

Status of Cadre Review proposals processed in Cadre Review Division of DoPT from 1st January 2016 to 30th November, 2022 (as on 09th December, 2022)

A. Approved by Cabinet

* CRC – Cadre Review Committee

Under Secretary (CRD)
09/12/2022

B. Status of Proposals under consideration

(1) Meeting of Cadre Review Committee held, approval of Cabinet required-11

(2) CRC Meeting held-1

(3) Pending for consideration of CRC- 2

(4) Pending with Department of Expenditure-3

(5) Pending with DoPT -3

(6) Information/ clarification/ reply pending with CCA -3

Under Secretary (CRD)
09/12/2022

The post Status of Cadre Review proposals processed in Cadre Review Division of DoPT from 1st January 2016 to 30th November, 2022 as on 09th December, 2022 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Updated on 04.11.2022

Latest DoPT Orders 2022

Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
Establishment Division

PREVENTION OF SEXUAL HARASSMENT OF WOMEN AT THE WORKPLACE

In the case of Vishaka and Ors Vs State of Rajasthan and Ors (JT 1997 (7) SC 384), the Hon’ble Supreme Court had laid down the guidelines and norms to be observed to prevent sexual harassment of working women. In pursuance to the pronouncement of this judgement, Department of Personnel and Training took the following steps:

• (i) Guidelines/ Norms of the Hon’ble Supreme Court were circulated by Department of Personnel & Training vide OM No. 11013/10/97-Estt.(A) dated 13.02.1998 for strict compliance by the Ministries/ Departments.
• (ii) Amendments in Central Civil Services (Conduct) Rules, 1964 were also carried out by inserting the Rule 3-C declaring Sexual Harassment of Working Women as a misconduct, vide Notification No. 11013/10/97- Estt.(A) dated 13.02.1998 published in Gazette of India as G.S.R. 49 dated 07.03.1998
• (iii) Subsequently, Central Civil Services (Classification, Control & Appeal) Rules, 1965 were also amended by inserting a provision below sub-rule 2 of Rule 14 in connection with treatment of the Complaint Committee as Inquiring Authority and to follow the procedure as laid down in these Rules to hold inquiry into the complaints of Sexual Harassment. This was notified vide Notification No. 11012/5/2001 -Estt. A dated 01.07.2004 published in Gazette of India vide G.S.R. No. 225 dated 10.07.2004

2. Later on, the ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013’ {SHWW (PPR) Act} was promulgated on 22.04.2013. The ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013’ were notified on 09.12.2013. The Act and the Rules framed thereunder provide a redressal mechanism for handling cases of sexual harassment of women at workplace.
3. Thus, the provisions relating to handling cases of sexual harassment of women at workplace are scattered across SHWW (PPR) Act, Central Civil Services (Conduct) Rules, 1964, Central Civil Services (Classification, Control and Appeal) Rules, 1965, etc. In addition, a number ofexecutive instructions covering different aspects of this issue have been issued from time to time. Now, with a view to facilitate the Ministries/ Departments and other stake holders in proper implementation of these provisions, a need has been felt to consolidate these provisions and place the same in the public domain for easy access as and when required. Accordingly, the relevant provisions of the Act/ Rules/ executive instructions have been compiled as under:

(A) DEFINITION OF “SEXUAL HARASSMENT” AND “WORKPLACE” Section 2(n) and 2(o) of the SHWW (PPR) Actdefines “Sexual Harassment” and “Workplace” respectively. The same have been incorporated through an amendment in the CCS (Conduct) Rules, 1964 as under:

“Rule 3C – Prohibition of sexual harassment of working women

(1) No Government servant shall indulge in any act of sexual harassment of any woman at any work place.

(2) Every Government servant who is incharge of a work place shall take appropriate steps to prevent sexual harassment to any woman at such work place.

Explanation – 1 For the purpose of this rule,

(a) “sexual harassment” includes any one or more of the following acts or behaviour, (whether directly or by implication), namely:

• (i) physical contact and advances; or
• (ii) demand or request for sexual favours; or
• (iii) sexually coloured remarks; or
• (iv) showing any pornography; or
• (v) any other unwelcome physical, verbal, non-verbal conduct of a sexual nature.

(b) The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment: –

• (i) implied or explicit promise of preferential treatment in employment;
• or
• (ii) implied or explicit threat of detrimental treatment in employment; or
• (iii) implied or explicit threat about her present or future employment status; or
• (iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or
• (v) humiliating treatment likely to affect her health or safety.

(c) “workplace” includes, –

• (i) any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the Central Government;
• (ii) hospitals or nursing homes;
• (iii) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;
• (iv) any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey;
• (v) a dwelling place or a house.”

(Rule 3-C of the CCS (Conduct) Rules, 1964)

(B) COMPLAINTS COMMITTEE:

• Complaints Committees have been set up in all Ministries/ Department and organizations under them in pursuance to the judgement of the Hon’ble Supreme Court in the Vishakha case. As per Section 4(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Act”), the Internal Complaints Committee (referred to as “Complaints Committee” hereafter) is to be set up at every workplace. As per Section 4(2), this will be headed by a woman and at least half of its members should be women. In case a woman officer of sufficiently senior level is not available in a particular office, an officer from another office may be so appointed. To prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committees should involve a third party, either an NGO or some other body which is familiar with the issue of sexual harassment.

[Para 1 of OM No. 11013/2/2014 -Estt.(A-III) dated 16.07.2015]

Section 4 of the SHWW (PPR) Act-

“4. Constitution of Internal Complaints Committee. (1) Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the “Internal Complaints Committee”:

Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.

(2) The Internal Committees shall consist of the following members to be nominated by the employer, namely:

• (a) Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees: Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in subsection(1): Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation;
• (b) not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge;
• (c) one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment:

(3) The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer.

(4) The Member appointed from amongst the non-governmental organisations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer,
as may be prescribed.

(5) Where the Presiding Officer or any Member of the Internal Committee,

• (a) contravenes the provisions of section 16; or
• (b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or
• (c) he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or
• (d) has so abused his position as to render his continuance in office prejudicial to the public interest, such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section.”

[Section 4 of the SHWW (PPR) Act]

Download Information Document on Prevention of Sexual Harassment of Women at Workplace PDF

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Latest DoPT Orders 2022

F.No.41034/2/2022 -Estt (Res-I)
Government of India
Ministry of Personnel PG & Pensions
Department of Personnel and Training

North Block. New Delhi – 110001
Dated the 21st October 2022

To.

The Secretary
General Administrative Department
(All States & Union Territories)

Subject:- Timely verification of Caste/Community Certificates – regarding.

Sir.

I am directed to say that Government of India has been issuing instructions from time to time to all the State/UT Governments for streamlining the process of verification of caste/ community certificate and ensuring its timely completion.

2. In this regard. it is stated that Akhil Bhartiya Adivasi Vikas Parishad (ABAVP) a Society registered under the Societies Registration Act, had submitted a representation to the Parliamentary Committee on the Welfare of SC and ST and brought to their notice that pensionary benefits of some of the employees belonging to ST category in the Central Government offices in Tamil Nadu were withheld on the ground of pendency of their caste verification. The Parliamentary Committee has taken serious view of it and has emphasized upon timely verification of caste certificate of the employees. The Committee has also made recommendations in the matter in its Ninth Report on the subject “Study of atrocity cases against Scheduled Castes and Scheduled Tribes with respect to implementation of the Prevention of Atrocities Act. 1989″. In view of the concern shown by the Parliamentary Committee. a letter dated 19.03.2021 was issued to all the States/UTs vide which their attention was invited towards this Department’s various instructions issued from time to time requesting the States/ UTs to ensure timely verification of caste certificate of the employees. However. a reference dated 14.06.2022 has again been received from Akhil Bhartiya Adivasi Vikas Parishad (ABAVP) in which the Parishad has stated that the pensionary dues of some of the employees belonging to ST category have still not been released by the Central Government offices on the ground that their caste verification is still pending.

3. In this regard, it is reiterated that the responsibility for the issue and verification of Caste Certificate lies with the concerned State/UT Government. The Hon’ble Supreme Court, vide its order dated 02.09.1994 in the matter of Kumari Madhuri Paril ys Addl. Commissioner, has laid down the detailed guidelines for effective verification of the Caste Certificates of the employees by the State Government, so that no person on the basis of fake caste certificate, may secure employment wrongfully in the Government.

4. It is reiterated that States/UTs are required to complete timely verification of the caste certificates of the employees. The respective State Government authorities are required to ensure at their own level that veracity of the Caste/Community certificate referred to the district authorities is verified and reported to the appointing authority within one month of receipt of request from such authority. The State/UT Governments are also required to initiate disciplinary proceedings against the officers of the State who default in timely verification of Caste Status. In this regard, copies of the DoPT letter No. 36022/1/2007 – Estt (Res) dated 20.3.2007; DoPT letter No. 41034/3/2012 – Estt (Res) dated 11.4.2012: DoPT letter No. 3601 1/1/2012 -Esn (SCT) dated 14.35.2016 and DoPT letter No. 41034/4/2020 -Estt (Res-I) dated 19.3.2021 are enclosed.

During the conference of the Secretaries of the State/UTs organized by this Department on 28.09.2022 at CSOI. KG Mare. New Delhi the attention of the officers of the State/UT Governments were invited towards the aforesaid instructions and they were requested to ensure timely verification of the caste/ community certificate of the employees.

5. In view of the above, all the State/UT Governments are once again requested to ensure adherence to the instructions issued by this Department from time to time with regard to timely completion of the process of caste verification of the employees.

Yours faithfully,

Encl.: As above

(Abhay Kumar)
Under Secretary

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Latest DoPT Orders 2022

[Updated on 23.09.2022]

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

REDRESSAL OF GRIEVANCES FILED BY GOVERNMENT SERVANT ON SERVICE MATTERS

Department of Personnel and Training has issued various instructions from time on redressal of grievances filed by Government servant on service matters. These instructions are broadly categorized as under:

• (A) Representation from Government servant on service matters
• (B) Redressal of grievances – Recourse to courts of law by Government servant

2. All these instructions issued till date have been consolidated under easily comprehensible headings for reference and guidance of all the concerned.

Part-A: Representation from Government servant on service matters

• Whenever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redressal of a grievance, the proper course for him is to address his immediate official superior, or the Head of Office, or such other authority at the appropriate level who is competent to deal with the matter in the organization.

[Para 2 of OM No. 118/52- Ests dated 30.04.1952]
[Para 2 of OM No. 11013/08/2013 -Estt.A-III dated 31.08.2015]

• Action by the authorities on the representations from Government servants on service matters:-

[Para 2 to 5 of OM No. 25/34/68-Estt.(A) dated 20.12.1968]

• Representations directly to the higher authorities by-passing the prescribed channel of communication-

(a) It is observed that there is an increasing tendency on the part of officers at different levels to by-pass the prescribed channels of representation and write directly to the high functionaries totally ignoring the prescribed channels. The problem is more acute in large Departments where often very junior employees at clerical level address multiple representations to the Minister, Prime Minister and other functionaries. Apart from individual representations, the service unions have also developed a tendency to write to the Ministers and Prime Minister on individual grievance. Some of these representations are often forwarded through Members of Parliament, in violation of Rule 20 of the CCS (Conduct) Rules, 1964.

[Para 2 of the OM No. 11013/7/99-Estt.(A) dated 01.11.1999]
[Para 2 of the OM No. 11013/08/2013-Estt.A-III dated 06.06.2013]

(b) DoPT is also receiving a number of representations on service matters addressed to Prime Minister/ Minister/ Secretary (P) and other higher authorities/officers directly from the Government servants including the officers/ officials of para military forces and Army personnel.

[Para 1 of the OM No. 11013/08/2013-Estt.A-III dated 06.06.2013]
[Para 1 of the OM No. 11013/08/2013-Estt.A-III dated 31.08.2015]

(c) In view of adequate instructions being available in the matter of submission of representations by the Government servants and treatment of the representations by the authorities concerned, submission of representations directly to higher authorities by passing the prescribed channel of communication, has to be viewed seriously and appropriate disciplinary action should be taken against those who violate these instructions as it can rightly be treated as an unbecoming conduct attracting the provisions of Rule 3 (1) (iii) of the CCS (Conduct) Rules, 1964. It is clarified that this would include all forms of communications including through e-mails or public grievances portal etc.

[Para 4 of the OM No. 11013/7/1999 -Estt.A dated 01.11.1999]
[Para 4 of the OM No. 11013/08/2013 -Estt.A-III dated 06.06.2013]
[Para 3 of OM No. 11013/08/2013 -Estt.A-III dated 31.08.2015]

Treatment of Advance copies of representations so received should be governed by the following general principles-

• (a) If the advance copy does not clearly show that all means of securing attention or redress from lower authorities have been duly tried and exhausted, the representation should be ignored or rejected summarily on that ground, the reasons being communicated briefly to the Government servants. If the Government servant persists in this prematurely addressing the higher authorities, suitable disciplinary action should be taken against him.
• (b) If the advance copy shows clearly that all appropriate lower authorities have been duly addressed and exhausted, it should be examined to ascertain whether on the facts as stated, some grounds for interference or for further consideration, prima facie exist. Where no such grounds appear, the representation may be ignored or summarily rejected, the reasons being communicated briefly to the Government servant.
• (c) Even where some grounds for interference or further consideration appear to exist, the appropriate lower authority should be asked within a reasonable time, to forward the original representation, with its report and comments on the points urged. There is ordinarily no justification for the passing of any orders on any representation without thus ascertaining the comments of the appropriate lower authority.

[Para 3 of OM No. 118/52- Ests dated 30.04.1952]

• Representation from the relatives of Government servant

Relatives of a Government servant sometimes make representations concerning service matters affecting the Government servant. This is done in some cases in the hope of reviving a representation which the Government servant had himself made and which had been turned down. In some cases, this procedure is resorted to in order to get round the requirement that the Government servant should submit his representation through his official superiors. The practice is obviously undesirable, and should be strongly discouraged. It has accordingly been decided that no notice should be taken of a representation on service matters submitted by a relative of a Government servant. The only exceptions may be cases in which because of the death or physical disability, etc. of the Government servant, it is impossible for the Government servant himself to submit a representation.

[OM No. 25/21/63-Ests.(A) dated 19.09.1963]

• Disciplinary Action on violation of these instructions

Appropriate disciplinary action may be taken against those who violate these instructions.

[Para 5 of the OM No. 11013/7/1999 -Estt.A dated 01.11.1999]
[Para 5 of the OM No. 11013/08/2013 -Estt.A-III dated 06.06.2013]

Part-B: Redressal of grievances – recourse of courts of law by Government

(a) Government servants seeking redress of their grievances arising out of their employment or conditions of service should, in their own interest and also consistently with official propriety and discipline, first exhaust the normal official channel of redress before they take the issue to a court of Law.

(b) Where, however, permission to sue Government in a court of Law for the redress of such grievances is asked for by any Government servant either before exhausting the normal official channels of redress or after exhausting them, he may be informed that such permission is not necessary.

[OM No. 25/3/59-Ests.(A) dated 21.04.1959]
[OM No. 25/29/63-Ests.(A) dated 26.11.1963]

Note: List of the OMs mentioned in this document is annexed. In case any reference to the relevant OM is required, the same may be accessed by clicking on the hyperlink or from the Archive Section of DOPT’s website.

ANNEXURE

List of OMs mentioned in this Document

1. OM No. 118/52 -Ests dated 30.04.1952
2. OM No. 25/3/59 -Ests.(A) dated 21.04.1959
3. OM No. 25/21/63 -Ests.(A) dated 19.09.1963
4. OM No. 25/29/63 -Ests.(A) dated 26.11.1963
5. OM No. 25/34/68 -Estt.(A) dated 20.12.1968
6. OM No. 11013/7/99 -Estt.(A) dated 01.11.1999
7. OM No. 11013/08/2013 -Estt.A-III dated 06.06.2013
8. OM No. 11013/08/2013 -Estt.A-III dated 31.08.2015

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Latest DoPT Orders 2022

No. 7/02/2022 – Welfare
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

Lok Nayak Bhawan, New Delhi,
Dated 9th September, 2022

To
The Secretaries of the,
Central Government Employees
Residents Welfare Associations (recognised by DoPT)

Subject: Grants-in-aid for the year 2022-2023 to the Central Government Employees Residents Welfare Associations- Submission of Accounts for the year 2021-2022 -regarding.

Sir/Madam,

The Department of Personnel & Training has been sanctioning Grants-in-aid to the eligible recognized Residents Welfare Associations formed by the Central Government employees in residential colonies to enable them to meet a part of their expenditure on the welfare activities, programmes during the financial year. The recognized Central Government employees Residents Welfare Associations eligible to receive grants-in-aid may send a request to this effect to this Department in the prescribed Proforma. (copy enclosed).

2. The recognized Central Government Employees Residents Welfare Associations are requested to send their request keeping in view the following guidelines:-

• Central Government employees and employees of Lok Sabha, Rajya Sabha, Supreme Court, High Court, UPSC, Statutory and Autonomous bodies and Delhi Administration shall qualify for regular membership of an Association in respect of the grants-in-aid from the Department of Personnel & Training subject to fulfillment of conditions as laid in para (b) to (h) of clause H (2) of the O.M. No. 5/8/2013-Welfare dated 3 June, 2014.
• Grants-in-aid admissible will be subject to an upper ceiling of Rs.10,000/- during a financial year.
• Consolidated accounts for the previous financial year may be provided in Annexure ‘A’ signed by the President, Secretary, Treasurer and Internal Auditor,
• A complete list of the members showing their names, residential address, official designation and address as on 31.03.2022 may be submitted as in Annexure ‘B’,
•  All the vouchers relating to each head of expenditure as appearing in Annexure ‘A’ should be maintained by the Association, so as to verify the expenditure as and when needed.
• The Stock Register maintained by the Association as audited and certified by the Internal Auditor after physical verification should be maintained by the Association. The Department of Personnel & Training may verify the Stock Register as and when required. Similarly, the inventory of articles should also be maintained.
• A copy of the minutes of the General Body meeting wherein the accounts of the Association and other activities thereof for the previous year have been approved may be submitted (Annexure ‘K’).
• Utilization Certificate in respect of the grants-in-aid provided by this Department and information regarding assets acquired wholly or substantially funded from the grant may also be furnished as per proforma in Annexure ‘F’ and ‘G’ respectively. The Association who has not received grants-in-aid for the year 2020-21 and 2021-22 may submit Utilization Certificate for the previous year. However, the newly formed Associations need to submit Utilization Certificate indicating ‘Nil’ along with the Accounts for the year 2021-22.
• A report on the activities of the Association with reference to the Annual Action Plan as provided in Clause 7 of the Rules and Regulations framed under the Model Constitution may also be provided (Annexure ‘J’).
• A certificate regarding expenditure on Swachh Bharat Mission may also be provided (Annexure ‘L’).

3. It may be noted that even if Association 1s not keen to obtain further grants-in-aid from the Government, it shall have to render full and satisfactory accounts of the grants taken in the past.

4. CGERWAs are requested to send their request complete in all respect, in the prescribed proformas, to DoPT by 31.10.2022 for further necessary action in the matter. The requests received beyond prescribed date shall not be entertained.

5. As per revised Model Constitution, the proposals seeking grants-in-aid shall be submitted with recommendation of Area Welfare Officer who may ensure that the grants allocated is spent by following due process and proper auditing of accounts is done.

Note: Incomplete Accounts for the year 2021-22, for receiving the grants-in-aid for the year 2022-23, will not be entertained by this Department.

Yours faithfully,

(Kulbhushan Malhotra)
Under Secretary (RWA)

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Latest DoPT Orders 2022

No.29018/1 0/2022-AIS-II (Pension)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi
Dated 24/08/2022

To

All Chief Secretaries of all
State Governments/UTs

Subject: Determination of relevant date from which senior retired AIS officers should be paid additional 20% of basic pension.

Sir/Madam,

Reference is invited to Rule 18(1-A) of AIS (DCRB) Rules, 1958 which provides that in addition to pension admissible in accordance with clause Rule 18(1)(b) of AIS (OCRB) Rules, 1958, after completion of eighty years of age or above, additional pension shall be payable to the retired member of the service in the following manner:

2. In this context, as per the admissible Rules/provisions, additional pension shall be payable from first day of the calendar month in which it falls due and not from the date of completion of 80 years of age. For example, a pensioner born either on 01.08.1942 or on 20.08.1942 shall be eligible for additional pension at the rate of 20% of the basic pension with effect from 01.08.2022.

3. State/UT Governments are requested to ensure that there is no discrepancy in the interpretation of the aforementioned Rule and the retired AIS officers are paid additional pension as per the above provision.

Yours sincerely,

(Kuldeep Chaudhary)
Under Secretary to Government of India

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Latest DoPT Orders 2022

No. 25/13/2022-CS.II (B)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110003
Dated the 4th June, 2022

OFFICE MEMORANDUM

Subject: Career progression for MTS staff in Central Secretariat Ministries / Departments.

The undersigned is directed to say that in pursuance of the recommendations of the 6th CPC, all Group-D posts in Govt. of India doing different duties had been re-designated as Multi-Tasking Staff vide DoPT OM No.AB-14017/6/2009-Estt (RR) dated 30th April, 2010. The Ministries/Departments were asked to adopt the designation of MTS for some common categories of posts in the secretariat offices and to classify the posts as Group-C in Pay Band-1 with Grade Pay of Rs.1800. As per the instructions therein the Ministries/Departments were supposed to amend the Recruitment Rules for erstwhile Group-D posts as per the Model RRs to fill up the vacancies of MTS.

2. Pursuance to the O.M. dated 20.4.2010, the Staff Selection Commission is also conducting recruitment for selection of MTS on annual basis based on the vacancies reported by the respective Ministries/ Departments.

3. In view of the above, for better career management of MTSs working in Central Secretariat Ministries/Departments, all the cadre units are requested to please furnish the information as per the Annexure-I through email at chowdhury.r13[at]nic.in by 10th June, 2022.

(Bhagirath Jha)
Under Secretary to the Govt. of India

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Latest DoPT Orders 2022

F. No. 25/1 1/2022-CS.II(B)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
CS.II(B) Section

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003
Dated: 6th May, 2022

OFFICE MEMORANDUM

Subject: Confirmation of inadequacy of representation of SC and ST in consonance with O.M. No. 3601 2/16/2019-Estt.(Res.) dated 12.04.2022 – reg.

The undersigned is directed to refer to this Department’s O.M. No. 13/1/2017-CS.II(B) Vo.II dated 21.01.2019 and O.M. No. 12/2/2019-CS.II(B) dated 12.02.2019 vide which the cadre units were requested to provide vacancies for LD Grade LDCE, 2017 and UD Grade LDCE, 2016 and 2017(copies enclosed)

2. Recently, this Department has issued an O.M. No. 36012/16/2019-Estt.(Res.) dated 12.04.2022 (copy enclosed) with regard to procedure to be followed prior to effecting reservation in promotions. Para 2 of the OM dated |[2.04.2022 has drawn reference to the conditions set out by the Hon’ble Supreme Court in its Judgement dated 28.01.2022, which have to be satisfied by the Government for the purpose of implementing the policy of reservation in promotions. These conditions are: –

• i. Collection of quantifiable data regarding inadequacy of representation of SCs and STs;
• ii. Application of this data to each cadre (Grade) separately; and
• iii. If a roster exists, the unit for operation of the roster would be the cadre for which the quantifiable data have to be collected and applied in regard to filling up of the vacancies in the roster.

3. In view of the above guidelines on reservations in promotion, the Cadre Units of CSCS [Annexure-I] are requested to confirm to this Division whether the information provided in response to the above mentioned O.Ms. dated 21.01.2019 and 12.02.2019 is in conformity with O.M. No. 36012/16/2019-Estt.(Res.) dated 12.04.2022 through email (chowdhury.rl3[at]nic.in) latest by 13.05.2022. The cadre units, who have forwarded NIL vacancy, are also requested to submit the information/confirmation in conformity with the latest reservation guidelines, by 13.05.2022.

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

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Schedule for Bye-Elections to West Bengal, Chhattisgarh, Bihar and Maharashtra 2022

F. No. 12/1/2022-JCA
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
Establishment (JCA-2) Section

North Block, New Delhi
Dated: 30 March, 2022

OFFICE MEMORANDUM

Subject: Bye-Elections to 40-Asansol PC of West Bengal and Four (4) Assembly Constituencies of West Bengal, Chhattisgarh, Bihar and Maharashtra, 2022 – Paid Holiday – regarding.

The undersigned is directed to state that, as informed by the Election Commission of India, vide their letter No. 78/EPS/2022 dated 24.03.2022, Bye-Elections to One (1} Parliamentary Constituency i.e., 40-Asansol PC of West Bengal and 4(Four) Assembly Constituencies of West Bengal, Chhattisgarh, Bihar and Maharashtra, 2022 are scheduled to be held as under:-

Schedule for Bye-Elections to One (1) Parliamentary Constituency i.e., 40- p Asansol PC of West Bengal and Four (4) Assembly Constituencies)

2. In this regard, it is stated that the guidelines have been issued by this Department, vide OM No. 12/14/99-JCA, dated 10.10.2001, regarding grant of paid holiday on the day of bye-election to the relevant Parliamentary Constituency and the Assembly Constituencies where elections are to be conducted. It is reiterated that these guidelines may be followed by all the Central Government Offices, including Industrial Establishment, in the concerned States.

3. The above instructions may please be brought to the notice of all concerned.

4. Hindi version will follow.

(S.P.-Pant)
Deputy Secretary to the Government of India

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