Dr. A. SAMPATH, M.A., LL.M., Ph.D.
MEMBER OF PARLIAMENT
(LOK SABHA)
ATTINGAL, KERALA

MEMBER:
• Standing Committee on Personnel, Public Grievances, Law and Justice
• Consultative Committee for Ministry of Finance Committee on Official Language

CHAIRMAN:
Dist. Level Vigilance & Monitoring Committee

No.ATL-MP/94/CG/2016

Dated. 14.10.2016

Dear Shri. Arun Jaitely ji,

Sub: Implementation of recommendation of 7th CPC – Fixation of Pay and payment of arrears in respect of
(a) Autonomous Organisations
(b) Central Government Employees who are working in Autonomous bodies on deemed deputation : reg

May I write the following for your kind consideration and necessary action.

Recently Government of India have revised the pay of central Government Employees and issued necessary orders citing recommendation to be implemented on 25th July 2016.

I am given to understand that the usual practice is to implement the pay benefits to the employees working in Autonomous Organisations, such as Sree Chitra Tirunal Institute of Medical Sciences and Technology and to the Central Government Employees who are working in Autonomous bodies on deputation.

The disbursal of bonus to Group B, C and D employees are also awaited.

Since the above mentioned employees are awaiting formal orders from the Government, may I request your good-self to look into the matter and do the needful.

Yours faithfully,
Dr. A. SAMPATH. M P

To
SHRI.ARUN JAITLEY
HON’BLE UNION MINISTER FOR FINANCE & DEFENCE
GOVERNMENT OF INDIA
NEW DELHI

Source : confederationhq.blogspot.in

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Revised Pay Matrix Levels as per 7th CPC for Posts in Indian Civil Accounts Cadre

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F.No. 1(12)/2016/TA/376
Ministry of Finance
Department of Expenditure
Controller General of Accounts

Lok Nayak Bhawan Khan Market
New Delhi – 110511
Date: 10-08-2016.

OFFICE MEMORANDUM

Subject: Implementation of the recommendations of the Seventh Central Pay Commission (7th CPC) – fixation of pay and payment of arrears-instructions – regarding
A reference is invited to CCS (Revised Pay) Rules, 2016 notified vide GSR 721 (E) dated 25th July 2016 and O.M. No. 1-5/2016-IC dated 29th July 2016 and OM dated 01st August 2016 on the subject mentioned above, issued as a sequel to the acceptance of recommendations of 7 th Central Pay Commission. All concerned are required to follow the instructions contained in Ministry of Finance, Department of Expenditure O.M. dated 29th July 2016 and even number dated 1st August 2016 referred to above.

2. Para 8 of the aforesaid OM states that with a view to expediting the authorization and disbursement of. arrears, it has been decided that the arrear claims maybe paid without pre-check of the fixation of pay in the revised scales of pay or applicable level in Pay Matrix. Hewever, the facilities to disburSe arrears without pre-check of fixation of pay will not be available in respect of those Government servants who have relinquished service on account of dismissal, resignation, discharge, retirement etc. after the date of implementation of the Pay Commission’s recommendations but before the preparation and drawal of the arrears claims, as well as in respect of those employees who had expired-prior to exercising their option for the drawal of pay in the revised scales;

3. Pr.CCAs_/CCAs/CAs are requested to issue instructions to the Pay Accounts Officers that the arrears may be paid without pre-check of the fixation of pay in the revised scales of pay er applicable level in Pay Matrix. However, they will have to exercise all necessary checks prescribed under the Central Government Accounts [Receipts & Payments) Rules, 1983 and Civil Accounts Manual. .They will also have to ensure that subscriptions/ Contributions towards GPF and New‘Pension Scheme at the prescribed rates relevant to the revised pay are deducted from the arrears payable from 1-1-2016 to 31-7-7-2016. While making payment of arrears, Income Tax due needs also be deducted and credited as procedure prescribed.

4. Instructions with regard to post check of pay fixation and payment of arrears will be issued Separately.

(Shailendra Kumar)
Deputy Controller General of Account

Source: http://cga.nic.in/writereaddata/7th%20CPC.pdf

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Government of India/ Bharat Sarkar
Ministry of Finance] Vitta Mantralaya
Department of Expenditure/ Vyaya Vibhag
(Implementation Cell, 7th CPC)

Room No. 214, The Ashok
New Delhi, the 1st August, 2016

OFFICE MEMORANDUM

Subject: Implementation of the recommendations of the 7th Central Pay Commission – fixation of pay and payment of arrears – instructions regarding.
The undersigned is directed to refer to this Ministry’s OM of even number dated 29.07.2016 regarding fixation of pay and payment of arrears and to say that the statement of fixation of pay under Central Civil Services (Revised Pay) Rules, 2016 annexed with the said OM dated 29.07.2016 stands superseded by the statement of fixation of pay under Central Civil Services (Revised Pay) Rules, 2016 enclosed at Annexure to this OM

(R.K Chaturvedi)
Joint Secretary to the Government of India

Statement of fixation of pay under Central Civil Service (Revised Pay) Rules, 2016

According to Para 2 of Ministry of Finance, Department of Expenditure (Implementation Cell, 7th CPC)’s OM No. No.1-5/2016-IC dated 29-07-2016, in pursuance of the CCS (RP) Rules, 2016, appropriate necessary action to fix the pay of the employees covered thereunder in the revised pay structure needs to be carried out forthwith in accordance with the provisions contained therein.The statement of fixation of pay in revised pay structure as per CCS (RP) Rules, 2016 be prepared in triplicate and one copy thereof be placed in the Service Book of the employee concerned and another copy made available to the concerned accounting authorities [Chief Controller of Accounts/Controller of Accounts/Accounts Officer] for post-check

Annexure

Statement of fixation of pay under Central Civil Service (Revised Pay) Rules, 2016

1. Name of the Employee :
2. Designation of the post in which pay is to be Fixed as on January 1, 2016 :
3. Status (substantive/ officiating) :
4. Pre-revised Pay Band and Grade Pay or Scale :
5. Existing Emoluments :
a. Basic Pay (Pay in the applicable Pay Band plus applicable Grade Pay or basic pay in the applicable scale) in the pre-revised structure as on January 1, 2016 :
b. Dearness Allowance sanctioned w.e.f. 01.01.2016 :
c. Existing emoluments (a+b) :
6. Basic pay ( Pay in the applicable Pay Band plus applicable Grade Pay or basic pay in the applicable scale) in the pre-revised structure as on January 1, 2016 :
7. Applicable Level in Pay Matrix corresponding to Pay Band and Grade Pay or scale shown at S.No 4 :
8. Amount arrived at by multiplying Sl. No. 5 by 2.57 :
9. Applicable Cell in the Level either equal to or just above the Amount at Sl. No. 8 :
10. Revised Basic Pay (as to Sl. No. 9) :
11. Stepped up pay with reference to the revised Pay of Junior, if applicable [Rule 7(8) and 7(10) of CCS (RP) Rules, 2016]. Name and pay of the junior also to be indicated distinctly. :
12. Revised pay with reference to the Substantive Pay in cases where the pay fixed in the officiating post is lower than the pay fixed in the substantive post if applicable [Rule 7(11)] :
13. Personal Pay, if any [Rule 7(7) and 7(8)] :
14. Non-Practicing Allowance as admissible at present in the existing pre-revised structure (in terms of para 4 of this OM) :
15. Date of next increment (Rule 10) and pay pay after grant of increment :

Date of Increment Pay after increment in applicable Level of Pay Matrix

16. Any other relevant information :

Date:
Signature & Designation of Head of Department
Office:
Click here for updated Finmin Order

Superseded Annexure:-

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A plea was today filed in the Delhi High Court by Indian National Trade Union Congress (INTUC) seeking directions to the AAP government and EDMC to release arrears of the corporation’s employees.

A bench of Chief Justice G Rohini and Justice Jayant Nath tagged the matter with the other pleas seeking payment of salary of the sanitation workers of the three corporations as well on the issue of their strike.

All the matters are listed for hearing on February 15.

The petition filed by D P Chandel, President of INTUC, has sought directions to the Delhi government and East Delhi Municipal Corporation (EDMC) to release arrears as per the sixth pay commission to employees of the civic body.

The plea, also by Rakesh Vaid, General Secretary of INTUC, has prayed for release of salaries within the first week of each month.

Meanwhile, the Delhi government told the court that the plea has been filed by a trade union having affiliation to a certain political party.

PTI

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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE

Reminder-II

CPAO/IT &Tech/Revision Pre-2006/2015-16/1660

Dated: 15/10/2015

OFFICE MEMORANDUM

Subject:- Payment of arrears of pension to pre‐ 2006 pensioners w.e.f. 01.01.2006 ‐regarding

Attention is invited to CPAO’s OM CPAO/Tech/Revision (Pre‐ 2006)/2015‐16/941‐ 1011 dated 04.09.2015 and even No.1016‐1086 dated 08.09.2015 regarding guidelines to be followved by all CPPCs for processing of these cases with the request to make the payment of arrears of pensions in compliance to the DP&PW OM dated 30.07.2015 at the earliest (preferably within a week). Secretary (Pension)is monitoring the progress of payment of arrears to these pensioners.

Therefore,it is again requested to intimate the status of arrear payment of those pensioners whose consolidated amendment authorities have been issued on 08.09.2015 by reverse mall to vijay.cpao@gmail.com positively folowed by daily progress report if the arrear payment is still pending.

sd/-
(Vijay Singh)
Sr. Accounts Officer (IT & Tech)

Authority: www.cpao.nic.in

Click to view the order

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BHARAT PENSIONER SAMAJ
(All India Federation of Pensioner’s Associations)
New Delhi – 110014

No SG/MOS PP/014/2

Dated: 07/07/2014

To
Dr.Jitendra Singh
Honerable MOS (PP)
GOI. M/O Personnel,PG & Pensions

Subject: Payment of arrears of pension for the period 1-1-2006 to 23-9-2012
Honorable Minister Sir.

Kindly stop driving every affected individual pensioner to the Courts of law. instead extended automatically to similarly placed pensioners Court Judgment confirmed or delivered by the Apex Court as was recommended by 5th CPC also vide their Para 126.5.
Sir. with reference to then MOS (P) answer dated 12.02.2014 in Lok Sabha to UNSTARRED QUESTION NO 3406 regarding PAYMENT OF ARREARS TO PENSIONERS your kind attention is drawn to the facts that Principal CAT order dated 1. l l .2011 in OA No.655/2010 quashed clarificatory OM dated 03.10.2008 and directed to re-fix the pension of all pre-2006 retirees w.e.f. 1.1.2006. based on the Resolution dated 29.08.2008. While dismissing WP (C) No. 1535/2012 of UOI on 29-4-2013. Hon’ble Delhi High Court upheld the verdict of the CAT-PB. Dismissing SLP (C) No.23055/2013 filed by UOI against the judgement of Hon’ble Delhi High on 29-7-2013 and then Review Petition (C) No.2492/2013 on 12-11-2013 and finally Curative Petition (C) No. 126/2014 on 30-4-2014, Hon’ble Supreme Court upheld the Judgment of the Hon’ble Delhi High Court. With this CAT verdict dated 1-11-2011. referred to, has attained legal finality,

But unfortunately instead of implementing the said judgement in letter & spirit of all pre 2006 Pensioners DOP & PW going against the judgement. has taken a decision to implement it qua petitioners.

Sir. as is admitted in the answer to Lok Sabha unstarred Q.No 3406 Honerable CAT -PB order under reference has already been implemented from an arbitrary date 24.09.2012. Thus in all legality the arrears w.e.f. 01 .01 .2006 too should he paid to all & not only to a small section of pensioners who could afford to go to the Court of law.

Sir, Bharat Pensioners Samaj in its capacity as the largest & oldest organization of C.G. Pensioners over 550 Pensioners Associations affiliated/associated to it, appeal to you to ensure correct delivery of justice by implementing the judgement under reference to all pre 2006 pensioner so that other affected Pensioners in the evening of their live are not pushed to seek justice from court of law.

We are also request you to permit inclusion of this issue in the Agenda of 25th SCOVA meeting Sheduled to be held under your Chairmanship on 24th of July 2014.

Thanking you in anticipation

With regards
Sincerely yours
sd/- dated 06.07.2014
S.C. Maheshwari
Secy. Genl. Bharat Pensioners Samaj

Source: scm-bps.blogspot.in
[http://scm-bps.blogspot.in/2014/07/payment-of-arrears-of-pension-for.html]

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 GOVERNMENT OF INDIA
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
LOK SABHA

UNSTARRED QUESTION NO 2285

ANSWERED ON 18.12.2013

PAYMENT OF ARREARS

2285 . Shri MAKHANSINGH SOLANKI

Will the Minister of HUMAN RESOURCE DEVELOPMENT be pleased to state:-

(a) whether the Government is aware of the stalemate prevailing in the payment of arrears of the Sixth Pay Commission to the university and college teachers and equivalent cadres working under the State Governments;
(b) if so, whether the Government has agreed to give 80 percent of the additional expenditure incurred/to be incurred by the State Governments;
(c) if so, whether the Government has released any amount as its share to the State Governments including Madhya Pradesh;
(d) if so, the details thereof, State-wise; and
(e) if not, the time by which the said amount is likely to be released to the State Governments including Madhya Pradesh?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (DR. SHASHI THAROOR)

(a) & (b): No, Madam. The Central Government is reimbursing 80% of the expenditure incurred by the State Governments for the payment of arrears for the implementation of the revised University Grants Commission (UGC) pay scales to university teachers for the period 1.1.2006 to 31.3.2010 based on the 6th Pay Commission’s recommendations. As of today, the Central Government has released an amount of Rs.1789.56 crores out of the total allocation of Rs.2250, crores to different states.

(c) to (e): So far Central assistance has been provided to 11 State Governments to meet the expenditure incurred for the payment of salary arrears. The details of amounts reimbursed to State Governments as Central share on account of the revision of pay scales of teachers is annexed.

No amount has been claimed by Madhya Pradesh as reimbursement for payment of arrears of salaries and accordingly, no amount has been released to Madhya Pradesh.Central assistance can only be provided to States on fulfilment of all the terms and conditions of the Scheme and after the furnishing of requisite information and the prescribed undertaking by the respective State Governments.

ANNEXURE REFERRED IN REPLY TO PARTS (c) TO (e) OF THE LOK SABHA UNSTARRED QUESTION NO.2285 FOR 18.12.2013 ASKED BY SHRI MAKAN SINGH SOLANKI REGARDING ARREARS OF PAY SCALE

Source: Lok Sabha Q&A
Via: karnmk.blogspot.in

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The orders for implementation of the decision taken by the Government on the recommendations of 6th CPC for revision for pension of past pensioners were issued vide this Department’s OM No.38/37/08-P&PW (A) dated 1.9.2008. The provisions of Para 4.2 of this OM were clarified vide this Department’s letter dated 3.10.2008.

The Central Administrative Tribunal, Principal Bench, New Delhi in its order dated 1.11.2011 observed that by the OM dated 3.10.2008 the original orders of 1.9.2008 have been modified. Hon’ble CAT directed that the past pensioners may be granted, w.e.f. 1.1.2006, a minimum pension @ 50% of the minimum pay corresponding to the pre-revised pay scale with reference to the fitment table applicable for revision of pay of serving employees.

A Writ Petition was filed in the Hon’ble High Court of Delhi challenging the above mentioned order. In its order dated 29.4.2013, the Hon’ble Delhi High Court has upheld the order dated 1.11.2011. After considering the order of Hon’ble High Court of Delhi and various representations received in this regard, Special Leave Petition was filed by the Department of Pension and Pensioners’ Welfare in the Hon’ble Supreme Court of India.
This SLP came up for hearing recently on 29.7.2013 before the Hon. Supreme Court and has been dismissed.
The above information submitted by Min of Personnel, Public Grievances & Pensions in reply of undermentioned Lok Sabha Question:-

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED  QUESTION NO 670
ANSWERED ON   07.08.2013

DELAY IN PAYMENT OF ARREARS TO PENSIONERS
670 . Shri VILAS BABURAO MUTTEMWAR
Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS  be pleased to state:-
(a)  the reasons for inordinate delay in implementation of Hon`ble High Court`s order to give effect to the payment of arrears w.e.f. 01.01.2006 to pensioners retired before 2006;
(b) whether the Government have received representations from employees organizations and other bodies in this regard; and
(c) if so, the details thereof and the reaction of the Government on the representations?
ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (SHRI V. NARAYANASAMY)
(a) to (c): *** see above ***

Source: Lok Sabha Q&A

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Ref :No.6-1/2009-PE.I, Dated : 30-05-2012

GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS & IT
DEPARTMENT OF POSTS
(ESTABLISHMENT DIVISION)
Dak Bhawan,
Parliament Street

No.6-1/2009-PE.I Dated : 30-05-2012
All Chief Postmasters General
All Postmasters General
Sub:- Payment of arrears to the substitutes of Gramin Dak Sevaks who worked in leave vacancies from 01-01-2006 to 09-10-2009.

Consequent upon the implementation of One Man Committee recommendations, the matter regarding payment of arrears to the substitutes of Gramin Dak Sevaks who worked in leave vacancies from 01-01-2006 has been reviewed.

2. It has now been decided that the arrears of allowances of the substitutes of Gamin Dak Sevaks who worked in leave vacancies from 01-01-2006 to 09-10-2009 may be paid on the basis of minimum of TRCA.

3. The amount of arrears admissible as per extent rules may be paid to the genuine substitute. There should not be any double payment. Before making payment, the DDo or paying authority should take very precaution in this regard.

4. Necessary provision in budget should be made at appropriate stage and availability of funds will have to be ensured before incurring the proposed expenditure.

5. The actual expenditure incurred may be informed to this office immediately after payment of arrears.

6. This issues with the concurrence of Internal Finance Advice (Postal) vide their Dy. No.150/FA/12/CS dated 30-05-2012.

Sd.x.x.x
(SURENDER KUMAR)
Asst. Director General (Establishment)

Copy to :-
(1) Director, RAK NPA, Ghaziabad.
(2) All Postal Accounts Office
(3) All Directors, Postal Training Centres
(4) All Recognized Unions/Associations/Federations
(5) Guard File.

Ref : .No.17-115/2001 – GDS, dated 21-10-2002 (copy of the order)

No.17-115/2001 – GDS
Government of India
Ministry of Communications & IT
Department of Posts
Dak Bhawan
Sansad Marg

New Delhi – 110 001
Dated : October 21, 2002

To
All Principle / Chief Postmasters General
All Postmasters General
Director, Postal Staff College, Ghaziabad
Directors, All Postal Training Centres
All Directors, Dy. Directors of Accounts (Postal)
Addl. Director General, APS, Army Head Quarters, R.K.Puram, New Delhi

Sub:- Guidelines for regulating substitute / provisional arrangements made in place of regular Gramin Dak Sevaks.

Sir,

References are received from Circles for regularizing the employment of substitutes provided by regular GDSs during their periods of leave/absence on the ground that they have been functioning in that capacity “for a longer period”. A number of cases also stand filed in the Tribunals and Courts on this issue. Apparently instructions issued from time to time are not followed rationally by competent authorities in allowing substitutes to continue indefinitely or for long periods.

2. In this context, I am directed to draw your attention to the DG (Posts)’s instructions given below Rule 5 of the P&T ED agents (Conduct & Services) Rules, 1964 corresponding to Rule 7 of the Gramin Dak Sevaks (Conduct& Employment) Rules, 2001 which, inter alia, stipulate the following.

“During leave, every GDS should arrange for his work being carried on by a substitute who should be a person approved by the authority competent to sanction leave to him. Such approval should be obtained in writing” and that:

“It is necessary for the appointing authority to ensure that such a substitute is not allowed to work indefinitely. If the absence from duty of the regular GDS likely to last indefinitely, the appointing authority should take immediate steps to make appointment and the person so appointed need not necessarily be the substitute.

3. Instructions issued vide, this office letter No. 18-37/92-ED & TRG, dated 25/11 enjoined all Divisional Heads to ensure that long leave beyond 180 days is not granted to GDS as a matter of routine to avoid substitutes continuing in place of regular incumbents for long periods.

4. Subsequently, vide letter No. 19-6/2000-ED & TRG, dated 29-12-2000, the decision of the large bench of CAT Bangalore on the issue of whether weightage should be given to persons who have rendered past employment on provisional basis or in the capacity of substitute or GDS, was circulated. Recently, vide letter dated 19.02.2002 the judgment of the larger bench of CAT Bangalore mentioned above, has also been circulated. The said judgment clearly reiterates the position that the substitutes have not legal right as far as regularization in the Department is concerned. It also takes note that the Department’s Recruitment Rules for Gramin Dak Sevaks do not provide for recognization of past service that may have been rendered by them against any post.

5. In the case of Deviks Guha v/s Union of India, the Supreme Court has also not recognized the right of the substitutes for regularization. On the other hand the Apex court has maintained that substitutes have no legal claim in the basis of having worked continuously and if there are cases where the substitutes have worked for a “longer period” it is for the Department to consider the same as to whether there was a proper case for absorption or not, and pass appropriate orders.

6. The matter has been examined in consultation with Ministry of Law. Since the Apex Court has hold that substitutes have not legal claim there can be no definition of the term “longer period” as absorption of substitutes per se on regular vacancies without following prescribed procedures of recruitment could lead to nepotism.

7. Thus, it has become necessary to review and reiterate the existing guidelines relating to “substitute” arrangement of GDSs. This would also involve clarification of the status of the substitute, who is provided at the risk and responsibility of the regular incumbent, vis-a-vis provisional appointees, who are appointed by the Department to meet an interim need.

8. As per extent orders, a regular GDS is required to provide a substitute at his own risk and responsibility but subject to approved by the appointing authority. Hence it is the duty of the appointing authority to ensure that any ineligible person is not approved as a substitute and any “substitute” arrangement is not allowed to continue for long periods. Accordingly, the following guidelines may inevitably be kept in view while dealing with matters relating to “substitute arrangements” or their continuance”.

(i) Before resorting of substitute arrangement the following options may be explored:

(a) In case of short-term arrangements, as far as possible, work will be managed, by combining duties and “substitutes” will not be provided in leave arrangements. In single handed BOs, the work shall be managed by giving combined duty to GDS Mail Deliver/Mail Carrier (Gramin Dak Vitaraka/Vahak) of the neighbouring BO/SO in whose beat the BO falls.

(b) Even in long term arrangements, the combination of duties as in a) above will restricted to; substitutes will be allowed only if work load of the BO as well as its financial position justifies which engagement or filling of the post on regular basis.

(c) In towns and cities, where departmental officials are also available in the same office, the possibility of managing the work by regular staff by combination of duties or by grant of OTA beyond normal working hours may be explored.

(ii) If substitute arrangement is found to be unavoidable then it should be ensured that

(a) No substitute will be allowed to take over charge unless the competent leave-sanctioning/appointing authority is fully satisfied that the substitute possesses all the qualification prescribed for that appointment and has been provided under the risk and responsibility of the regular incumbent.

(b) Drawing& Disbursing authorities shall not draw allowance of a substitute unless the claim is accompanied by a certificate from the competent authority about the possession of requisite qualification by the substitutes and their approval for making continuing the arrangement.

(c) Continuation of substitute arrangements beyond 180 days at a stretch may only be allowed by the authority next higher to the appointing authority and only in exceptional cases where action has been initiated for regular appointment, if justified by work load and financial norms.

(d) No substitute arrangement shall continue beyond one year. Hence regular/alternative arrangements must be made during the period beyond 180 days to ensure this. If for any unavoidable reasons a substitute arrangement is required to be continued beyond one year, specific approval of the Head of Circle will be necessary for reasons to be recorded by the concerned authority.

9. In the case of provisional appointments, it is clarified that such appointment should be resorted to only in case where the GDS is unable, quite unexpectedly, to undertake his duties due to his own action (unauthorized absence, fraud, misappropriation etc.). Due to circumstances beyond his control like sudden serious illness/accident/death or because the department does not want him/her to continue (due to reasons of misconduct/dismissal/removal/put off duty etc.) in all other cases, action should be taken well in advance to fill the post on a regular basis. Even where the post falls vacant unexpectedly, efforts should be made to manage the work through combination of duties as spelt out in Para 8 (i) (a) & (c). Similarly even in case of long term deputation of GDS to APS, action may be taken to full up the post on regular basis and the GDS, on return from deputation may be suitably adjusted against vacancies in existence at that given time.

10. Where provisional appointment becomes unavoidable, action may be initiated to all the posts following all the formalities prescribed for regular appointment, but clearly stipulating that the appointment is on a provisional basis. On no account should a provisional appointment be made without following every formality that is prescribed for regular appointment. Since the whole process will take a period not exceeding 60-90 days, stop gap arrangement may preferably made at the local level in the interim through combination of duties or by allowing the GDS from a neighbouring office to function, or by deploying a Mail Overseer to look after the work. Under no circumstances should such local arrangement exceed 90 days, approval of the next higher authority is to be taken on a one time basis for reasons to be recorded in writing.

11. In cases where the incumbent dies in harness there is no objection to a dependent being allowed to function on interim basis provided the dependent fulfills the qualification/relaxed qualification applicable for post fallen vacant? This may only be resorted to if arrangement by combination of duties is not feasible. However, in such case also such interim appointment should not exceed one year and every effort should be made to take a final view within that time frame. It also needs to be clearly stipulated that such provisional appointment does not entitle the dependent to claim for the post unless his/her case for compassionate appointment is approved by the Circle Relaxation Committee.

12. The extent provisions provide for a provisional appointee to be placed on a waiting list for being considered for a regular appointment after he/she has completed three years of continuous employment. To avoid prolongation of such provisional appointments, approval of the next higher authority should be taken in respect of all provisional appointment exceeding 180 and where the period exceeds one year express approval of the Head of the Region/circle, as the case may be, would be necessary. Where the regular incumbent is not reinstated, immediate action must be taken to regularize the regularly selected provisional appointee against the said post without resorting to fresh recruitment.

13. The above instructions may kindly be brought to the notice of all appointing authorities of GDSs for strict compliance. Any violation of the above instructions will be viewed seriously and action would be required to be taken against officials who allow substitute/provisional arrangements to continue beyond the prescribed limits in contravention of the above instruction.

14. If any previous instructions on the issues of ‘substitute’ and‘provisional appointment’ are found contrary to these provisions, the same will stand superseded by the latter.

15. Receipt of this letter may please be acknowledged to the undersigned.

16. Hindi version is enclosed.

Yours faithfully,
Sd.x.x.x
(Anad Prakash)
Assistant Director General (GDS)

Copy to :

(i) SPB I/SPB II/Vig./Vig. Petition/PAP/PE I/PE II sections of the Directorate.
(ii) All Recognized Unions / Federations
(iii) DDG (PAF) / PA Wing / DDG (M&TS)
(iv) All Dealing Assistants in the GDS section
(v) Spare / Guard file.

Source: http://aipeup3kjr.blogspot.in/2013/08/payment-of-arrears-to-substitutes-of.html

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