Monday, September 21, 2015
Union Cabinet approved release of an additional instalment of Dearness Allowance to Central Government employees and Pensioners
Release of additional instalment of Dearness Allowance to Central Government employees and Dearness Relief to Pensioners due from 1.7.2015
The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has approved release of an additional instalment of Dearness Allowance (DA) to Central Government employees and Dearness Relief (DR) to Pensioners w.e.f. 01.07.2015. This represents an increase of 6 percent over the existing rate of 113 percent of the Basic Pay/Pension, to compensate for price rise.
This will benefit about 50 lakh Government employees and 56 lakh pensioners.
The increase is in accordance with the accepted formula, which is based on the recommendations of the 6th Central Pay Commission (CPC). The combined impact on the exchequer on account of both Dearness Allowance and Dearness Relief would be in the order of Rs. 6655.14 crore per annum and Rs.4436.76 crore in the financial year 2015-16 (for a period of 8 months from July, 2015 to February, 2016)
Strengthening of administration-Periodical review under FR 56(j) and Rule 48 of CCS (Pension) Rules, 1972.
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-IV Desk
North Block, New Delhi
Dated 11th September, 2015
Subject: Strengthening of administration-Periodical review under FR 56(j) and Rule 48 of CCS (Pension) Rules, 1972
The undersigned is directed to refer to this Department’s OM No. 25013/1/2013-Estt(A) dated 21/03/2014 on the periodical review under Fundamental Rule 56 or Rule 48 of CCS (Pension) Rules.
2. Various instructions issued on the subject deal with compulsory retirement under the above mentioned provisions. The Supreme Court has observed in State of Gujarat Vs. Umedbhai M. Patel. 2001 (3) SCC 3l4 as follows:
(i) Whenever the services of a public servant are no longer useful to the general administration, the officer can be compulsorily retired for the sake of public interest.
(ii) Ordinarily, the order of compulsory retirement is not to be treated as a punishment coming under Article 31 l of the Constitution.
(iii) “For better administration, it is necessary to chop off dead wood, but the order of compulsory retirement can be passed after having due regard to the entire service record of the officer.”
(iv) Any adverse entries made in the confidential record shall be taken note of and be given due weightage in passing such order.
(v) Even un-communicated entries in the confidential record can also be taken into consideration.
(vi) The order of compulsory retirement shall not be passed as a short cut to avoid Departmental enquiry when such course is more desirable.
(vii) if the officer was given a promotion despite adverse entries made in the confidential record, that is a fact in favour of the officer.
(viii) Compulsory retirement shall not be imposed as a punitive measure.
3. , In every review, the entire service records should be considered. The expression ‘service record’ will take in all relevant records and hence the review should not be confined to the consideration of the ACR / APAR dossier. The personal file of the officer may contain valuable material. Similarly, the work and performance of the officer could also be assessed by looking into files dealt with by him or in any papers or reports prepared and submitted by him. it would be useful if the Ministry/Department puts together all the data available about the officers and prepares a comprehensive brief for consideration by the Review Committee. Even uncommunicated remarks in the ACRs/APARS may be taken into consideration.
4. in the case of those officers who have been promoted during the last five years, the previous entries in the ACRs may be taken into account if the officer was promoted on the basis of seniority cum fitness, and not on the basis of merit.
5, As far as integrity is considered, the following observations of the Hon’ble Supreme Court may, while upholding compulsory retirement in a case, may be kept in view:
The officer would live by reputation built around him. in an appropriate case, there may not be sufficient evidence to take punitive disciplinary action of removal from service. But his conduct and reputation is such that his continuance in service would be a menace to public service and’injurious to public interest.
Thus while considering integrity of an employee, actions or decisions taken by the employee which do not appear to be above board, complaints received against him, or suspicious property transactions, for which there may not be sufficient evidence to initiate departmental proceedings, may be taken into account. Judgement of the Apex Court in the case of Shri K. Kandaswamy, I.P.S. (TN:1966) in K. Kandaswamy vs Union Of India & Anr, l996 AIR 277, I995 SCC (6) l62 is relevant here. There were persistent reports of Shri Kandaswamy acquiring large assets and of his getting money from his subordinates. He also indulged in property transactions which gave rise to suspicion about his bonafides. The Hon’ble Supreme Court upheld his compulsory retirement under provisions of the relevant Rules.
6. Similarly, reports of conduct unbecoming of a Government servant may also form basis for compulsory retirement. As per the Hon’ble Supreme Court in State of UP. And Others vs Vijay Kumar ‘Jain, Appeal (civil) 2083 of 2002:
If conduct of a government employee becomes unbecoming to the public interest or obstructs the efficiency in public services, the government has an absolute right to compulsorily retire such an employee in public interest.
7. Many changes in the nomenclature and in the areas of responsibility of various departments/Ministries have taken place. In order to simplify and speed up the procedure of review, a need is felt to reconstitute the Review Committees. in partial modification of the OM 25013/15/86-Estt (A) dated 27/06/1986, it has been decided that the Secretaries of the Cadre Controlling Authorities will constitute Review Committees consisting of two Members at appropriate level. The Review Committees in the case of various levels of employees will be as under:
(A) in case of officers holding Group A posts:
(a) In r/o ACC appointees: Review Committee may be headed by the Secretary of the concerned Ministry/Department as Cadre Controlling Authority.
(b) In r/o Non-ACC appointees:
(i) Where there are Boards viz CBDT, CBBC, Railway Board, Postal Board, Telecom Commission, etc. the Review Committee may be headed by the Chairman of such Board.
(ii) Where no such Boards/Commissions exist, the Review Committee may be headed ’by Secretary of the. Ministry/Department.
(B) in case of Group B (Gazetted) officers:
Additional Secretary/Joint Secretary level officer will head the Review Committee.
(C) In the case of Non-Gazetted employees:
(i) An officer of the level of Joint Secretary will head the Committee. However in case the Appointing Authority is lower in rank than a Joint Secretary, then an officer of the level of Director/Deputy Secretary will be the head.
(ii) in the case of Non-Gazetted employees in other than centralised cadres, Head of Department/Head of the Organisation shall decide the composition of the Review Committee.
8. CVO in the case of gazetted officers, or his representative in the case of non-gazetted officers, will be associated in case of record reflecting adversely on the integrity of any employee.
9. in addition to the above, the Secretary of the Ministry/Department is also empowered to constitute internal committees to assist the Review Committees in reviewing the cases. These Committees will ensure that the service record of the employees being reviewed, alongwith a summary bringing out all relevant information, is submitted to the Cadre Authorities at least three months before the due date of review.
10. The procedure as prescribed from time to time has been consolidated and enclosed as Appendix to the OM issued by this Department on 21/03/2014. As per these instructions the cases of Government servant covered by FR 56(j), FR 56(l), or Rule 48(1) (b) of CCS (Pension) Rules, 1972 should be reviewed six months before he/she attains the age of 50/55 years, in cases covered by FR 56(j) and on completion of 30 years of qualifying service under FR 56(l)/Rule 48 of CCS (Pension) Rules, 1972 as per the following calendar:
Sl No. / Quarter in which review is to be made / Cases of employees who will be attaining the age of 50/55 years or will be completing 30 years of service or 30 years of service qualifying for pension, as the case may be, in the quarter.
1. January to March July to September of the same year
2. April to June October to December of the same year
3. July to September January to March of the next year
4. October to December April to June of the next year
11. All Ministries/Departments are requested to follow the above instructions and periodically review the cases of Government servants as required under FR 56(j)/FR56(l)/Rule 48(1)(b) of CCS (Pension) Rules, 1972.
12. instructions on composition of the Representation Committees will be communicated separately.
Government of India
Ministry of Communications & IT
Department of Posts
Dak Bhawan, New Delhi
Dated: 17th September, 2015.
The Secretary General,
National Federation of Postal Employees,
1st Floor, North Avenue Post Office Building,
The Secretary General,
Federation of National Postal Organisations,
T-24, Atul Grove Road,
Subject: Holding of day long Dharna on 22-09-2015 by Postal Joint Council of
Action (PJCA) - Regarding.
I am directed to refer to your Circular No.PF-PJCA/2015 dated 12th August, 2015 on the above mentioned subject and to send herewith the following point wise information relating to the Charter of Demands:-
(i) Include GDS in 7th CPC for wage revision and other service related matters:-
Ministry of Finance has not agreed to the proposal of this Department for inclusion of GDS within the purview of 7th CPC inspite of several attempts.
(ii) Implement cadre Restructuring proposal in all cadres including Postal Accounts and MMS in Department of Posts:-
Cadre restructuring proposal of Group ‘C’ employees: The proposal is pending with the Department of Expenditure, M/o Finance at present.
The Cadre Restructuring proposal of Stenographers cadre is under examination.
Postal Accounts Cadre: Regarding restructuring of Sorter, LDC and DEO cadre in PAO’s, views of both the Associations viz. AIPAEA, BPAOEA have been called for vide letter dated 29th June, 2015. It would be processed further on receipt of necessary inputs from them.
MMS Cadre: The case of MMS is under process.
(iii) Fill up vacant posts in all cadres of Department of Posts :-
(a) As regards vacancies of LDC/JA/Stenographers under DR quota the necessary details have been uploaded on the SSC’s Website. Further action would be taken on receipt of dossiers from the SSC.
(b) Abeyance order dated 27-04-2015 issued in r/o PA/SA DR Exam 2014 has been revoked in 10 Circles namely Andhra Pradesh, Assam, J&K, Karnataka, Kerala, North East, Odisha, Tamil Nadu, West Bengal and Punjab and these Circles will now be filling up PA/SA DR 2014 held up vacancies.
(c) Work of conduct of PA/SA DR Exam for the vacancies of 2015-16 has been entrusted to the SSC and in its notification dated 13-06-2015, 3506 vacancies have been announced to be filled up. Examination is scheduled in the month of November, 2015.
(d) The necessary instructions have been issued to fill up the vacancies in Postman/Mailguard and MTS cadre and circles are in the process of filling up these vacancies.
(e) Instructions already exists for filling up of vacant posts of GDS Mail Man.
2. In view of the fact that all the issues are under active consideration and being processed, the Federations are advised to cancel the Dharna as no useful purpose is served through agitations/dharnas.
( Arun Malik )
Director (SR & Legal)