30 JUN 2021

A delegation of Central Secretariat officials today met Union Minister of State (Independent Charge) Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh and discussed promotion related issues and other service matters with him.

After giving a patient hearing to the members of the delegation, the Minister said that the DoPT has consistently tried to sort out all the pending issues and even tried to appropriately address the cases pending in the courts.

The Minister recalled that over two years back, DoPT had carried out mass promotions of nearly 4,000 officials in different departments at different levels, which had been widely hailed. Some of these promotion orders were also issued, subject to the outcome of pending writ petitions, he recalled.

The members of the delegation conveyed their thanks to Dr Jitendra Singh for his highly responsive and generous attitude in resolving their service matters, whenever he is approached. They expressed confidence that with the Minister’s intervention, their issues will get resolved.

PIB

The post Central Secretariat officials visit Union Minister Dr. Jitendra Singh to discuss promotion and other service matters – PIB appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

No Political or Outside Influence by Government servant or by their close relatives in respect of service matters – CGDA order dated 11.01.2021

रक्षा लेखा महानियंत्रक
Controller General of Defence Accounts
उलन बटार मार्ग, पालम, दिल्‍ली छावनी-110010
Ulan Batar Road, Palam, Delhi Cantt 110010

No. AN/XIII/13006/ Vol-XXII

Dated 11.01.2021

To

The PCDAs/ CDAs
The PIFAs/ IFAs

(Through website)

Subject: Prohibition on bringing any political or outside influence by Govt. servant or by their close relatives in respect of service matters.

Reference: This HQrs_ letter bearing No. even dated 30.05.2017 & 12.09.2018.

Please refer DOP&T OM bearing F.No.11013/08/2013 -Estt.(A-III) dated 31.08.2015and communication cited under reference containing guidelines regarding representation from Government servants on service matters.

2. As per existing instructions/ guidelines, wherever, 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 Head of his Office, or such other authority at the appropriate level who is competent to deal with the matter in the Organization.

Central government employees representation on their service matters – CGA

3. However, it has been observed that instances of bringing outside as well as political influence by the official and their close relatives in matters like transfer etc. are on the rise.

Such trend has been viewed seriously by the Competent Authority and it has been decided that representation received through proper channel will only be entertained and other representation from relatives/other source will be recorded. Further, the officials concerned may be liable for disciplinary action for such transgression and violation of provisions of CCS (Conduct) Rules, 1964.

4. The contents of this communication may be disseminated to all officers/ staff Serving in your organization.

(Rajeev Ranjan umar)
Dy. CGDA (Admin)

Source: CGDA

The post Refusal on bringing any political or external influence by Government servant or by their close relatives in respect of service matters appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

F. No. 7/17/2018-CS.I(A)
Government of India
Ministry or Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

2nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003
Dated the 11th December, 2018

Office Memorandum

Subject: Caution to be exercised in respect of the documents submitted by the officers of CSS.

It has been reported by a Cadre Unit of CSS that an officer of CSS cadre has indulged in forgery of documents relating to his family details, LPC claims for medical reimbursement and education qualifications etc. The matter is under investigation.

2. Meanwhile, this has been viewed seriously by the competent authority in this Department and it is hereby requested to exercise caution while examining/ forwarding the document of officers for deputation etc. Due diligence may be adopted for verification of documents furnished by officers in service matters/sanction of claims etc.

3. The forwarding officers / controlling officers are, in particular, requested to verify the details furnished by the officers concerned and also to countersign all pages of the representation of officers before sending the same to DoPT.

(Rajul Bhatt)
Director (CS I)

To
Joint Secretaries (Admn/Estt.) of Cadre Units participating in CSS
Through website)

Source: DoPT

The post Caution to be exercised in respect of the documents submitted by the officers of CSS appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Office of the Controller of General of Accounts
Ulan Batar Raod, Palam, Delhi Cant-110010

No.AN/XIII/13006/Vol-XXII

Dated : 30.05.2017

To

All Pr.Controllers/Controllers
All PIFAs/IFAs

Subject: Representation from Government servant on service matters-reg.

Reference: This HQrs letter bearing No. AN/XIII / 13700(435)/2015 dated 02.09.2015.

It has been observed that certain Government servants are representing directly or through their relatives etc. on service matters to the Prime Minister, Minister, Secretary and other higher authorities.

2. As per existing instructions, wherever, 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 Head of his office, or such other authority at the appropriate level who is competent to deal with the matter in the organization. Suitable guidelines in the matter have already been issued vide HQrs Office letter cited under reference. (Copy attached)

3. Therefore, it is reiterated that as per DOP&T OM bearing No.11013 / 08 / 2013-Estt. (A-III) dated 31.08.2015 “Such submission of representations directly to other 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. This 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 communication including through e-mails or public grievances portal etc.”

4.In view of above all concerned authorities are requested to bring the existing instructions/rules to the notice of all concerned for compliance.

This issues with the approval of the CVO.

S/d,
(Brij Kishore)
For CGDA

Source : CGDA

The post Representation from Government servant on service matters appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

North Block, New Delhi – 110001
Dated: December 9, 2016

OFFICE MEMORANDUM

Subject: Court orders against Government of India instructions on service matters – consultation with Ministry of Law and Department of Personnel and Training on question of filing appeals.
The undersigned is directed to refer to this Department’s O.M. of even number dated 16.03.2016 (copy enclosed) on the above mentioned subject and to say that the Department of Personnel and Training is the nodal Department that formulates policies on service matters and issues instructions in this regard from time to time. Vide para 4 of the O.M. dated 16.03.2016, it was explained how action on different decisions/orders of the Courts/CAT has to be taken after consulting Department of Legal Affairs and DOP&T.

2. In this regard, it is pertinent to point out here that the Parliament committee on the Welfare of SCs and STs in its report has observed that the above instructions are not being followed stringently by the Ministries/ Departments. The Ministries/Departments are independently fighting out service related cases to the detriment of employees particularly those belonging to the reserved categories. The Committee, therefore, desired that this Department reiterate the standing instructions.

3. In view of the above, all the Ministries/ Departments are once again requested to scrupulously follow the instructions contained in this Department’s OM dated 16.03.2016 while taking action on the decisions/orders of the Courts/CAT.

4. Hindi version will follow.

(Mukesh Chaturvedi)
Director (E)
Tel: 23093176

To
Secretaries of all Ministries/ Departments

Click to see the DOPT order

The post Court orders against Government of India instructions on service matters – consultation with Ministry of Law and Department of Personnel and Training on question of filing appeals appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)

CENTRAL OFFICE: 2-A, NAVEEN MARKET, KANPUR – 208001, PH & FAX : (0512) 2332222
MOBILE: 09415733686, 09235729390, 09335621629, WEB : www.bpms.org.in

REF: BPMS / MOD / Litigations / 130 (7/5/L)

Dated: 29.09.2015

To,
The Deputy Secretary D(PCC/MIS)
Govt of India, Min of Deface,
‘B’ Wing, Sena Bhawan,
New Delhi – 110011

Subject: Presentation before Expert Committee on reduction of litigations on service matters.
Reference: MOD ID No. 11020/04/2015/D(Civ-II), Dated 17.09.2015

Respected Sir,
With due regards, it is submitted that this federation had been raising the issue in various forums like Departmental Council JCM, during the meeting with Hon’ble Defence Minister / Defence Secretary regarding extension of judicial pronouncement to similarly placed non-petitioners in service matters so that unnecessary litigations may be minimized.

Thereupon, Ministry of Defence vide its ID No. 18(2)/2014-D(JCM), Dated 09.12.2014 (copy enclosed for your ready reference) has requested all Administrative Divisions of MOD to review all existing court cases, pending with their Divisions and take a clear decision whether to proceed with or drop the case based on the verdict of Apex Court in a similar case given in favour of petitioners and where the Government has taken a decision to implement the orders of the Hon’ble Supreme Court of India in respect of petitioners only and not in respect of similarly placed employees. It further states that wherever feasible, the grievances of the similarly placed employees about service matters shall be resolved through administrative channels and this would help in reducing unnecessary litigations as well as resentment amongst employees.

Now, this federation is happy to note that Hon’ble RM has constituted a Committee consisting of Lt. Gen Mukesh Sabharwal (Retd), Lt. Gen Richard Khare (Retd), Maj Gen T Prasad (Retd), Maj Navdeep Singh (Retd) & Maj D P Singh (Retd) to examine the cases relating to service matters that are pending in various Courts and Tribunals which may be resolved in pre-litigation stage.

Hence, this federation would like to invite the attention of expert committee to some of the following issues which may increase the litigations if not resolved amicably:-

1. Grant of ACP / MACP prior to application of Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of 6th CPC:

(i) As per OFB letter No. 01/Cadre Restructuring/A/I, dated 12.07.2003 the inter-grade ratio in respect of all skilled trades including left out trades has been fixed in the ratio and corresponding scale as mentioned below w.e.f. 20.05.2003-

1. Skilled Rs. (3050-4590) : 45%

2. Highly Skilled Rs. (4000-6000) : 55%

3. Master Craftsman Rs. (4500-7000) :
25% of Highly Skilled grade posts will be placed in the grade of the Master Craftsman. They will, however, not be a part of the hierarchy.

(ii) Assured Career Progression Scheme was introduced vide DoP&T O.M. No. 35034//1/97-Estt(1), Dated 09.08.1999 to grant 02 financial upgradations in the promotional hierarchy on completion of 12 & 24 years regular service. This ACP Scheme was applicable up to 31.08.2008.

(iii) Under the ACP Scheme, Artisan Staff in the post of Skilled was entitled for 1st ACP in the pay scale of Rs. (4000 – 6000) by ignoring his movement from Semi-Skilled to Skilled, treating it as training period and 02nd ACP in the pay scale of Rs. (5000 – 8000) since the Master Craftsman in the pay scale of Rs. (4500 – 7000) was not a part of hierarchy and the placement in this grade was not treated as promotion.

(iv) The 6th CPC revised pay scales and introduced the Grade Pay system and Artisan Staff became entitled for 01st ACP in the Grade Pay of Rs. 2400/- and 02nd ACP in the Grade Pay of Rs. 4200/-.

(v) Further, 6th CPC merged the pre-revised Group D pay scales of Rs. (2550-3200), Rs. (2610-3540) Rs. (2610-4000) & Rs. (2650-4000) and upgraded and revised in the Grade pay of Rs. 1800/-.

(vi) As per First Schedule, Part – B, Section-II of CCS (RP) Rules, 2008 the grades of existing Unskilled (2550-3200) and Semi-Skilled (2650-4000) workers were upgraded in (2750-4400) and merged and revised in the Grade Pay of Rs. 1800/-.

(vii) It has already been clarified by OFB vide letter No. 800/MACP/A/I/551, dated 22.09.2011 that the movement from Unskilled to Semi-Skilled is not to be treated as promotion and is to be ignored while granting financial upgradations under ACP Scheme upto 31.08.2008. Similarly a movement from Semi-Skilled grade to Skilled grade, irrespective of mode of entry, is not to be treated as promotion for the purpose of ACP and is to be ignored while granting financial upgradations under the ACP Scheme.

(viii) From above, it may be deduced that an Artisan Staff who reached to the post of Skilled grade upto 31.08.2008 and completed 12 or 24 yrs regular service is entitled for 1st ACP in the Grade Pay of Rs. 2400/- and 2nd ACP in the Grade Pay of Rs. 4200/-.

(ix) Thereafter, 3rd financial upgradations may be granted w.e.f. 01.09.2008 under the Modified Assured Career Progression Scheme introduced vide DoP&T O.M. No. 35034/3/2008-Estt. (D), Dated 19.05.2009.

(x) Subsequently, the Ministry of Finance (Department of Expenditure) vide its Notification G.S.R. 552 (E), Dated 28th July 2009 has amended the Central Civil Services (Revised Pay) Rules, 2008 whereby Master Craftsmen has been granted the Grade Pay of Rs. 4200/- and Highly Skilled Workers are split in a ratio of 50 : 50 and re-designated as Highly Skilled Worker Grade-II (Grade Pay of Rs. 2400 in Pay Band PB – 1) and Highly Skilled Worker Grade-I (Grade Pay of Rs. 2800/- in Pay band PB –1).

Accordingly the pay scale of Master craftsman has been revised from Rs. (4500 – 7000) to Rs. (5000 – 8000) vide MOD letter F. No. 11(5)/2008/D(Civ-I) Dated 28th Aug, 2009 as per SRO – 11 E and the post of Highly Skilled (4000 – 6000) has been bifurcated in the ratio of 50 : 50 whereby 50 per cent incumbents have been upgraded as Highly Skilled grade – I in the pay scale of Rs. (4500 – 7000). As per above notification, the artisan staff in MOD is restructured w.e.f. 01.01.2006 as under –

1. Skilled (5200 – 20200) plus 1900 Grade pay
2. Highly Skilled – II ( — Do — ) plus 2400 Grade pay
3. Highly skilled – I ( — Do — ) plus 2800 Grade pay
4. Master Craftsman (9300 – 34800) plus 4200 Grade pay

According to above, the grade structure of Skilled, Highly Skilled –II, Highly Skilled – I and Master Craftsman has been fixed by operating instructions issued vide MOD ID No. 11(5)/2009-D(Civ-I), Dated 14.06.2010 as under:
(i) Skilled – 45 %
(ii) Highly Skilled Grade II – 20.5 %
(iii) Highly Skilled Grade I – 20.5 %
(iv) Master Craftsman – 14 %

(xi) It has been observed that artisan staff were not granted the financial upgradations under the ACP / MACP Scheme in defence installations and when MOD issued instructions for restructuring on 14.06.2010, it (restructuring) was applied first and thereafter financial upgradations granted under MACP Scheme whereas it (MACP) was introduced earlier (19.05.2009) vis a vis to restructuring (14.06.2010). Due to this incumbents are in the disadvantageous position which may be understood by the following table:-

(xii) This is a living example of Sri Rakish Kumar, Tool Setter HS-I, T.No. 18/SMW, P.No. 006548, SAF Kanpur and there are more than thousands IEs in various defence installations who are similarly placed. This case is under consideration in MOD / OFB.

(xiii) Hence, kindly issue necessary directives to the authorities to grant ACP upto 31.08.2008 and thereafter apply the restructuring instructions retrospectively w.e.f. 01.01.2006 by protecting the benefits already granted under ACP Scheme.

2. Grant of MACP ignoring movement from Highly Skilled to HS-I : Implementation of Courts Judgements.

(i) As earlier explained that the Ministry of Finance (Department of Expenditure) vide its Notification G.S.R. 552 (E), Dated 28th July 2009 has amended the Central Civil Services (Revised Pay) Rules, 2008 whereby Master Craftsmen has been granted the Grade Pay of Rs. 4200/- and Highly Skilled Workers are split in a ratio of 50 : 50 and re- designated as Highly Skilled Worker Grade-II (Grade Pay of Rs. 2400 in Pay Band PB – 1) and Highly Skilled Worker Grade-I (Grade Pay of Rs. 2800/- in Pay band PB – 1).

(ii) Accordingly, operating instructions issued vide MOD ID No. 11(5)/2009-D(Civ-I), Dated 14.06.2010 and the post of Highly Skilled (4000 – 6000) has been bifurcated in the ratio of 50 : 50 whereby 50 per cent incumbents have been upgraded as Highly Skilled grade – I in the pay scale of Rs. (4500 – 7000). As per above notification, the artisan staff in MOD is restructured w.e.f. 01.01.2006 as under –

(iii) Further, vide OFB letter No. 01/CR/A/I/658, dated 13.120.2010 the restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of 06th CPC was made effective in Ordnance & Ordnance Equipment Factories Organizations. Hence this federation demanded vide letter No. BPMS/ CADRE REVIEW / 110(7/4/R), Dated: 07.08.2009, 10.11.2009 & 23.04.2010 that the placement from Highly Skilled to Highly Skilled Grade I should not be treated as promotion either under the normal promotion rules or under MACP Scheme, but all in vain.

(iv) However, some of the employees approached the CAT and the Hon’ble CAT Calcutta has passed the following directions in OA No 172/2012, dated 16.01.2014 {Indranil Chowdhury & 162 others versus Union of India through Secretary Min of Defence, Finance & DoP&T} on the subject matter:

“12. On the Contrary the respondents have failed to convince us that the movement of the present applicants from HS to HS-I involved any assumption of higher responsibilities or that it was a movement from a lower feeder post with lower scale of pay to a higher post with higher scale of pay. On the contrary we find that movement from HS-II to HS-I after 01.01.2006, is justify termed as a promotion, as HS-II became feeder post to HS-I w.e.f. 01.01.2006. Similarly Skilled grade became the feeder grade to HS-II. But by no stretch of imagination erstwhile HS Grade can be called a feeder grade to HS-II or HS-I under the hierarchy created w.e.f. 1.1.06.

13. The respondents have thus failed to disclose the reason as to why the placement of erstwhile (pre 01.01.2006) Highly Skilled workers to highly Skilled Gr.-I in terms of seniority and Highly Skilled Gr.-II in the ratio of 50:50 due to restructuring of artisan cadre be treated as promotion. We find from a clarification dated 10.02.2000 that mobility under ACPs is to be allowed in the existing hierarchy. Any Selection Grade / in-situ promotion which is not a part of the hierarchy shall not be treated as promotion for the purpose of ACPs, which fully supports the applicants’ case.

14. Being not supported by any cogent reason we hold that the placement of erstwhile (pre 01.01.2006) HS to HS-I due to cadre restructuring effected on 13.12.2010 w.e.f. 01.01.2006, should not be treated as a promotion for the purpose of MACP. Consequently, we hold that the applicants shall be entitled to MACP.”

(v) Therefore, you are requested to take appropriate action so that the placement of erstwhile (pre 01.01.2006) HS to HS-I due to cadre restructuring effected on.13.12.2010 w.e.f. 01.01.2006, should not be treated as a promotion for the purpose of MACP as per CAT directive to the petitioners as well as non-petitioner. It is worth to mention here that Govt of India has appealed in various High Courts against the similar judgements of different benches of CAT but none of the High Courts have granted the stay order, hence, some of the places CAT order is being implemented.

3. Grant of ACP / MACP to Security Staff in OFB:-

Hence, it is demanded that Security staff (Durwan, Jamadar Durwan & Subedar Durwan) should also be granted financial upgradations under the ACP / MACP scheme on the analogy of Chargeman.

4. This federation has demanded in the Steering Committee meeting for 90th Departmental Council (MOD) held in Aug.2014 to Re-draft the role of Defence (Finance) so that service matters like Recruitment Rules, Cadre Review, revival of sanctioned posts, payment of arrears, revision of allowances etc. may be settled at the earliest. It has been observed that Defence (Finance) division is not cooperating in true spirit to resolve the service matters. For example-

(i) Revision of Special Pay to Staff Nurse working in Operation Theatre- Special Pay has been granted to Nursing Staff @ Rs. 60/- per month who are working in (a) Operation Theatres, (b) Intensive Care Units of the Ordnance & Ordnance Equipment Factory Hospitals/Clinics vide MOD letter No. 7(2)/87/I/D(Fy.II), Dated 06th March, 1989. This Special Pay @ Rs. 60/- per month was being granted as per recommendations of 04th CPC. Subsequently, on the recommendations of 5th CPC the Special Pay @ Rs. 60/- per month was doubled to Rs. 120/- with effect from 01.08.1997 in the Ministry of Railways in terms of Railway Board’s letter No. E(P&A)I- 88/SP-1/MH-2, Dated 18.01.1990 & 25.01.1990. Further, Resolution adopted by Govt of India on the recommendations of 06th CPC which is published in the Gazette of India by Ministry of Finance (Department of Expenditure) No. 1/1/2008-I.C. Dated 29th August, 2008, wherein Para 08 of Part-B states that Govt of India has accepted the 6th CPC recommendations of doubling of the Special Allowance and this allowance will be increased by 25% every time the Dearness Allowance payable on revised pay scales goes up by 50%BPMS Federation has raised this on 07.12.2011 but the matter is running between OFB & MOD due to piecemeal objections of Def (Fin).

(ii) Nursing Allowance to all Nurses working in Dispensaries- Ministry of Health and Family Welfare (Nursing Section) O.M. No. Z.28015/71/2008-N, Dated 19th Nov.2008 states that as per Resolution adopted by Govt of India on the recommendations of 06th CPC which is published in the Gazette of India by Ministry of Finance (Department of Expenditure) No. 1/1/2008-I.C. Dated 29th August, 2008, the President has pleased to enhance the Nursing Allowance to Rs. 3200/- per month w.e.f. 01.09.2008 and the Nursing Allowance will be payable to all Nurses whether working in Dispensaries or in Hospitals.BPMS has raised this issue on 07.12.2011 but the matter has been referred to 07th CPC due to objections of Def (Fin).

(iii) Bunching benefit to Master Craftsmen (Excluding OFB) – MOD ID No. 11(5)/2009- D(Civ.I), Dated 14.06.2010 communicates that Master Craftsman will be granted the Grade Pay of Rs. 4200 in PB-2 w.e.f. 01.01.2006. Prior to above, the Master Craftsmen were in the pay scale of Rs. (4500 – 7000). While implementing the above order, all the MCMs who were drawing pre-revised pay at the stage of Rs. 4500 / 4625/ 4750 / 4875 / 5000 were fixed at Rs. 9300 plus GP 4200 w.e.f. 01.01.2006. This is contradictory to the provisions of CDS (RP) Rules, 2008 which stipulates as under:

7.(1) (A)(ii): if the minimum of the revised pay band /pay scale is more than the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the revised pay band/pay scale;

Provided further that:-

Where, in the fixation of pay, the pay of Government servants drawing pay at two are more consecutive stages in an existing scale gets bunched, that is to say, gets fixed in the revised structure at the same stage in the pay band, then, for every two stages so bunched, benefit of one increment shall be given so as to avoid bunching of more than two stages in the revised running pay bands.

This issue is pending since long because Def (Fin) needs some clarification from DoP&T / Min of Fin.

(iv) Grant of 3rd MACP in GP 4600/- to Skilled grade- With the concurrence of Def (Fin), MOD issued instructions to grant 3rd MACP in GP 4600/- to those Highly Skilled / MCM who were drawing pay in the pre-revised pay scale of Rs.(5000-8000) upto 31.12.2005 as 2nd ACP. This Federation has pointed out to extend the same benefit to Skilled employees but Def (Fin) needs clarification from DoP&T.

(v) Def (Fin) is not granting the 2nd ACP in GP 2400/- to erstwhile Labourers who have completed 24 yrs regular service upto 31.08.2008 on the plea that they had not passed the requisite trade test of Highly Skilled on the date of eligibility. BPMS invited the attention of Def (Fin) to the clarification for grant of ACP after passing the trade test issued vide MOD D(Civ-I) dated 05.02.2004 which stipulates as under –

“2. It is further clarified that the employees who had completed 12/24 years of service after 09.08.99 but before that the date of conducting the first trade test may be granted financial upgradation under ACP Scheme, subject to fulfillment of all other conditions prescribed for grant of ACP, from the date of their completion of 12/24 years of service, instead of the date of passing of this trade test, in the first attempt as a one time measure.” In spite of that Def(Fin) is not agree to conduct the trade test but make the same effective from the date of eligibility.

(vi) Grant of Night Duty Allowance on the basis of actual salary- Payment of Night Duty Allowance based on actual salary, instead of notional pay of Rs.2200/- was resolved vide MOD ID No. 17(4)/2012/D(Civ-II), Dated 08.05.2015 in compliance of Contempt Petition (CP No. 200/2014 Shri Arvind Girija Singh & Ors versus UOI & Ors.) based on the CAT Jodhpur directions in OA No 34/2008 dated 5.11.2009 and subsequent ratification by Hon’ble High Court and Supreme Court of India. All the court cases regarding revision of night duty allowance was related to the notional ceiling of Rs.2200/- per month and this issue was resolved by ordering the NDA on the actual salary and nowhere court further fixed any real or notional ceiling. We are surprised to see the PC of A (Fys) Kolkata letter No. Pay/TechII/1206/2015/13, dated 09.09.2015 whereby ceiling for entitlement of Night Duty Allowance has been revised to Rs. 12380/- pay in Pay Band.

We have strong objection on the issuance of this letter because PC of A (Fys) is not the competent authority to revise the ceiling of entitlement for NDA unilaterally as the original order has been issued by Ministry of Defence in consultation with Min of Finance, DoP&T, Def (Finance) and if there was any doubt regarding eligibility, PC of A (Fys) should have asked for clarification from the competent authorities through prescribed channels.

These are some of the examples on the functioning of Def (Finance) which raise piecemeal objections time and again and after several years the issue/draft/proposal will be sent to other authorities like DoPT, Min of Fin, Min of Labour, Min of Law etc. Due to this delay tactics employees are compelled to approach the Court of Law. Even then Court judgements are not being extended to similarly placed non-petitioners.

5. There are various court cases due to administrative lapses like promotion of MCM in EME, grant of one increment on movement from MCM to Chargeman, grant of 3rd MACP in GP 4600/- to IEs after 01.01.2006, grant of Skilled grade to Tentmenders of AOC & Valveman & Lift Operators of MES from the date of appointment and redesignation of Safaiwala/Chowkidar to Mate in MES. This should be looked into.

6. Defence Civilians of EME and OFB are much agitated because their Productivity Linked Bonus are being reduced to 28 days & 40 days respectively whereas on the basis of their output/production they are being recommended for 32 days in EME & 41 days in OFB. Due to this, members of Federation are pressing very hard to file court cases against the employer for not paying the legitimate justify of PLB. Kindly look into the matter to prevent litigations.

7. In the Contempt Petition, it should be brought to the notice of CAT/High Court/Supreme Court where the matter is pending for implementation like Directorate / MOD / Def(Fin) / DoP&T / Min of Finance etc. so that appropriate directives may be issued against the concerned authority by the CAT/Court under the Contempt of Court.

Therefore, you are requested to put the above cases before the expert committee so the committee may consider the cases in correct perspective and may suggest the Hon’ble Defence Minister and may issue necessary directives to other authorities how to minimize the litigations and the grievances of the employees may be resolved amicably.

Thanking you.
Sincerely yours

(MUKESH SINGH)
Secretary/BPMS &
Member, JCM-II Level Council (MOD)

Source: BPMS

The post Presentation before Expert Committee on reduction of litigations on service matters – BPMS appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

North Block, New Delhi
Dated the 6th June, 2013

OFFICE MEMORANDUM

Subject: Representation from Government servant on service matters.

The undersigned is directed to refer to the Ministry of Home Affair’s O.M No.118/52-Ests. dated the 30th April, 1952, O.M No. 25/34/68-Estt.(A) dated the 20th December, 1968 and this Department’s O.M No.11013/07/1999-Estt.(A) dated the 1st November, 1999 (copies enclosed for ready reference) on the above mentioned subject. This Department is receiving a number of representations, on service matters, addressed to the Prime Minister / Minister / Secretary (P) and other officers directly from the Government servants.

2. It has been envisaged in these instructions that whenever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redress of a grievance, the proper course for him is to address his immediate official superior, or the Head of his office, or such other authority at the lowest level as is competent to deal with the matter. Of late, 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 Minster, 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) Rule, 1964.

3. Existing instructions clearly provide that representations on service matters should be forwarded through proper channel. The stage at which an advance copy of the representation may be sent to higher authorities has also been indicated. In MHA O.M. No. 25/34/68-Estt.(A) dated 20.12.68 time limits for disposal of various types of representations have been prescribed. If it is anticipated that an appeal or petition cannot be disposed of within a month of its submission, an acknowledgement or interim reply should be sent to the individual within a month.

4. Thus adequate instructions are available in the matter of submission of representations by the Government servants and treatment of the representations by the authorities concerned. As such 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.

5. It is again reiterated that these instructions may be brought to the notice of all Govt. servants and appropriate disciplinary action may be taken against those who violate these instructions.

sd/-
Y.K.Wadhwa)
Under Secretary to the Government of India

Copy of the Office Memorandum No.118/52-Ests. Dated 30th April, 1952

Representations from Government Servants on service matters — advance copies.

Reference are frequently received in this Ministry enquiring whether the submission of advance copies of representations to higher authorities is permissible and as to the treatment that should be accorded to such copies. The matter has been carefully considered and the following instructions are issued for the guidance of al concerned

2. Whenever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redress of a grievance, the proper course for him is to address his immediate superior official, or the Head of office, or such other authority at the lowest level as he is competent to deal with the matter. An appeal or representation to a higher authority must not be made unless the appropriate lower authority has already rejected the claim or refused relief or ignored or unduly delayed the disposal of the case. Representations to still higher authorities (.e.g. those addressed to the President, the Government or to Hon’ble Minister) must be submitted through the proper channel (i.e, the Head of Office, etc. concerned). There will be no objection at that stage, but only at that stage to an advance copy of the representation being sent direct.

3. The treatment by the higher authorities 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.

4. Some Government servants are in the habit of sending copies of their representations also to outside authorities, i.e. authorities who are not directly concerned with the consideration thereof (e.g. other Honorable Minister, Secretary, Members of Parliament, etc). This is a most objectionable practice, contrary to official propriety and subversive of good discipline and all Government servants are expected scrupulously to eschew it.

Copy of the Office Memorandum No. 25/34/68-Estt.(A) Dated 20.12.1968

Representations from Government servants on service matters — Treatment of

Reference is invited to the Ministry of Home Affairs Office Memorandum No.118/52-Ests. Dated the 30th April, 1952 on the subject mentioned above (copy enclosed for ready reference). It has been brought to the notice of the Ministry of Home Affairs that undue delay occurs very often in the disposal of representations from Government servants in regard to matters connected with the service rights or conditions which causes hardship to the individuals concerned.

2. The representations from Government servants on service matters may be broadly classified as follows :-

(1) Representations/complaints regarding non-payment of salary/allowances or othe dues.

(2) Representations on other service matters,

(3) Representations against the orders of the immediate superior authority: and

(4) Appeals and petitions under statutory rules and orders (e.g. Classification Control and Appeal Rules and the petition Instructions).

3. In regard to representations of the type mentioned at (1) and (2) above, if the individual has not received a reply thereto within a month of its submission, he could address, or ask for an interview with the next higher officer for redress of his grievances. Such superior officer should immediately send for the papers and take such action as may be called for, without delay.

4. Representations of the type mentioned at (3) above, would be made generally only in cases where there is no provision under the statutory rules or orders for making appeals or petitions. Such representations also should be dealt with as expeditiously as possible. ‘The provisions of the preceding paragraph would apply to such representations also, but not to Later representations made by the same Government servant on the same subject after his earlier representation has been disposed off appropriately.

5. In regard to the representations of the type mentioned at (4) above, although the relevant rules or orders do not prescribe a time limit for disposing of appeals and petitions by the competent authority, it should be ensured that all such appeals and petitions receive prompt attention and are disposed within a reasonable time. If it is anticipated that an appeal or a petition cannot be disposed of within a month of its submission, an acknowledgement or an interim reply should be sent to the individual within a month.

6. The instructions contained in paragraph 2 of this Ministry’s Office Memorandum No.118/52-Ests. Dated the 30th April, 1952, will stand modified to the extent indicated in the paragraphs 3, 4 and 5 above.

No.11013/7/99-Estt.(A)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi, dated the 1st November, 1999

OFFICE MEMORANDUM

Subject: Representation from Government Servants on Service matters.

The undersigned is directed to  refer to the Ministry of Home Affairs O.M.No.118/52-Ests. dated 30th April, 1952 on the subject mentioned above (copy enclosed for ready reference).

2. It has been envisaged in these instructions that whenever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redress 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 lowest level as he is competnet to deal with the matter. Of late, it is observed that there has been a tendency on the part of officers at differnet 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 grievances. Some of these representations are often forwarded through Members of Parliament, in violation of Rule 20 of the CCS (Conduct) Rule, 1964.

3. Existing instructions clearly provide that representations on service matters should be forwarded through proper channel. The stage at which an advance copy of the representation may be sent to higher authorities has also been indicated. In MHA O.M. No. 25/34/68-Estt.(A) dated 20.12.68 (copy enclosed) time limits for disposal of various types of representations have been prescribed. If it is anticipated that an appeal or petition cannot be disposed of within a month of its submission, an acknowledgement or interim reply should be sent to the individual within a month.

4. Thus adequate instructions are available in the matter of submission of representations by the Government servants and treatment of the representations by the authorities concerned. As such 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.

5. It is again reiterated that these instructions may be brought to the notice of all Govt. servants and appropriate disciplinary action may be taken against those who violate these instructions.

sd/-
(T.O.Thomas)
Deputy Secretary to the Government of India

Source: www.pesrmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11013_08_2013-Estt-A-III.pdf]

The post DOPT Order – Representation from Government employee on service matters appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

KENDRIYA VIDYALAYA SANGATHAN
18,Institutional Shaheed Jeet Singh Marg

No.F.1-1/2013-14/KVS(HQ)/Estt-II

Dated: 15.05.2013

NOTICE

It Is hereby ordered that if a KVS employee wants to visit KVS(HQ), New Delhi in connection with transfer or any other service matters, he/she should have the permission of his/her controlling authority i.e. Dy. Commissioner, KVS, RO/Director ZIET/Princlpal, KV concerned alongwith his/her ID proof.

It has been noted recently that many KVS employees are bringing external influences for furtherance of their service matters especially transfers to their choice stations. All KVS employees are hereby advised to resist from bringing any external influence for furtherance of their service matters, as it constitutes violation of Conduct Rules. Erring officials will be dealt with sternly in future under relevant service rules.

The requests received from the employee concerned for transfer/modification/cancellation of transfer etc or any other service matters will only be considered. Any request received from his/her family members or near relations/others will not be entertained/responded.

This issues with the approval of the competent authority KVS.

sd/-
(R.S. BHATNAGAR)
ADMINISTRATRIVE OFFICER (ESTT)

Source: www.kvsangathan.nic.in
[http://kvsangathan.nic.in/GeneralDocuments/ann-15-05-13(2).pdf]

The post Important Notice from Kendriya Vidyalaya Sangathan(HQ) for KV Employees appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.