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Showing posts with label DOPT Orders. Show all posts
Showing posts with label DOPT Orders. Show all posts
Processing of files referred to DOP&T for advice/clarification-procedure to be followed
Processing of files referred to DOP&T for advice/clarification-procedure to be followed.
G.I., Dep. of Per. & Trg., O.M.F.No.43011/9/2014-Estt.D, dated 13.2.2015
Subject: Processing of files referred to DOP&T for advice/clarification-procedure to be followed.
This Department had issued detailed instructions prescribing the procedure to be followed by various Ministries/Departments of Government of India for referring the files to this Department for advice/clarification, vide O.M.No.20034/2/2010-Estt(D) dated 13th August, 2010. These instructions were followed by instructions prescribing the procedure to be followed by various Ministries/Departments of Government of India for referring the files to this Department for advice/clarification to facilitate processing of court cases, issued vide O.M.No.20034/2/2010-Estt(D) dated 30th November, 2011.
2. Inspite of these instructions, the Ministries/Departments continue to refer the files to this Department without following the procedure enunciated in the above mentioned two OMs, resulting in avoidable procedural delays, grievances and unwanted litigations. To avoid such a situation and avoidable delays in decision making and disposal of the cases, while reiterating the above mentioned instructions, all the Ministries/Departments are advised to henceforth observe the following procedure for referring the proposals including court cases to this Department:-
i. All the proposals should be referred to DOP&T with the approval of the Joint Secretary of the Administrative Ministry/Department.
ii. All the pages should be properly numbered, docketed, referenced/cross referenced.
iii. A legible copy of orders/rules/instructions/circulars/O.M. etc. issued by the Administrative Department or DOP&T etc. and cited in the noting portion should be placed on file under reference. Besides flagging the —zcited documents, page numbers should also be invariably indicated in the noting portions.
iv. Telephone number of the concerned Director/Deputy Secretary/Under Secretary level officer who has processed the case should be indicated in the noting portion.
v. The Proposal relating to amendments of Recruitment Rules etc., for which a proforma has been prescribed, should be referred to DOP&T in the prescribed proforma only.
vi. Any proposal having financial implications referred to DOP&T for advice/clarifications, should have approval or comment of the concerned Financial Adviser(FA) in the Ministry/Department.
vii. The proposal for advice/clarifications should be referred to 1 OP&T only on file.
viii. All the proposals referred to DOP&T should invariably inditate, in the concluding paras, the relevant rule position and the difficulty faced in its interpretation which necessitated the referral to DOP&T i.e. e point(s) of doubt in respect of which clarification/advice of DOP86 has been sought should be clearly brought out.
3. Further, as regards Court Cases referred for advice to this Dep tment by various Ministries/Departments, it may be mentioned that this D partment’s 0.M.No.4036/23/1988-Estt(D) dated 06.01.1989 provides that since each court case is to be contested on the basis of the specific facts and circumstances relevant to it, the administrative Ministry/Department will be in a better position to defend the case. If, however, any clarification is required on the interpretation or application of the rules or instructions relevant to the case, the concerned Department in the Ministry of Personnel, Public Grievances and Pensions may be approached for that purpose. It further provides that the primary responsibility, however, for contesting such cases on behalf of the Government will be that of the administrative Ministry/Department concerned. Also, the Cabinet Secretariat’s D.0 letter No. 6/1/1/94Cab dated 25.02.1994 and the Department of Expenditure’s O.M. No. 7(8)/2012-El-11(A) dated 16.05.2012 inter-alia provide that (i) a common counter reply should be fled before a Court of Law on behalf of the Union of India by the concerned administrative stand should be adopted instead of bringing out each Department’ /Ministry’s Department/Ministry where the petitioner is serving or has last served and (ii) a unified stand uld be adopted instead of bringing out each Department’ /Ministry’s point of view in the said reply. It further provides that it is primarily the responsibility of the Administrative Ministry to ensure that timely action is taken at each stage a Court case goes through and that a unified stand is adopted on behalf of Government of India at every such stage. In no case should the litigation be allowed to prolong to the extent that it results in contempt proceedings.
4. Kind attention is also invited to the directions of Cabinet Secretary, conveyed vide his D.O. letter No.403/1/4/2014-CA-V dated 24th December, 2014 wherein he has pointed out that in many litigation cases pending before various Courts, where the Union of India (UoI) is either the Petitioner or the Respondent, Government interest is not being defended with adequate diligence. The Cabinet Secretary has, therefore, emphasized the need of putting a system in place so that the cases are regularly monitored and the interests of the UoI are properly safeguarded before the Courts of Law.
5. All the Ministries/Departments are, accordingly, advised to keep the procedure/instructions mentioned in the preceding paragraph in mind while dealing with Court Cases. Further, while referring Court Cases for advice to this Department, the referring note should invariably indicate:
i. Brief history and facts of the case;
ii. Relief sought by the petitioner/applicant;
iii. Earlier advice/opinion of DOP&T/DOLA in the matter;
iv. Stand taken by the Department before the Court/CAT;
v. Opinion of the Government Counsel on the Court/CAT order;
vi. Operative part of the judgment/direction;
vii. Action proposed to be taken by the Department .
viii. Present rule position and specific point on which advice/opinion of DOP&T is sought.
i. Brief history and facts of the case;
ii. Relief sought by the petitioner/applicant;
iii. Earlier advice/opinion of DOP&T/DOLA in the matter;
iv. Stand taken by the Department before the Court/CAT;
v. Opinion of the Government Counsel on the Court/CAT order;
vi. Operative part of the judgment/direction;
vii. Action proposed to be taken by the Department .
viii. Present rule position and specific point on which advice/opinion of DOP&T is sought.
6. The content of this 0 M may be given wide publicity and brought to the notice of all concerned.
Authority: www.persmin.gov.in
Constitution of Search-cum-selection Committee for selection for appointment to a Board level post in Central Public Sector Enterprises(CPSEs)
Constitution of Search-cum-selection Committee for selection for appointment to a Board level post in Central Public Sector Enterprises(CPSEs)
No. 27(8)EO/2014(ACC)
Government of India
Secretariat of the Appointments Committee of the Cabinet
Department of Personnel & Training
Office of the Establishment Officer
North, Block, New Delhi
Government of India
Secretariat of the Appointments Committee of the Cabinet
Department of Personnel & Training
Office of the Establishment Officer
North, Block, New Delhi
Dated : 12.02.2015
OFFICE MEMORANDUM
Subject: Constitution of Search-cum-selection Committee for selection for appointment to a Board level post in Central Public Sector Enterprises(CPSEs).
Attention of all Ministries/Departments is invited to the Government of India Resolution dated 03.03.1987 as amended from time to time which provides that in special circumstances, the appointment to a particular post or posts in Public Sector Enterprises may be made other than through the PESB with the prior and specific approval of the Appointments Committee of the Cabinet(ACC). The said Resolution also stipulates that the Appointments Committee of the Cabinet, while granting such an approval, will also specify the body such as Search Committee, Selection Committee, or the Civil Services Board, as the case may be, that shall make the selection for that particular post or posts as well as the selection procedure to be followed for filling the particular post or posts.
2. The issue of constitution of Search-cum-Selection Committees for appointment to Board level posts in a Central Public Sector Enterprise(CPSE) has been considered and it has been decided with approval of the ACC that in cases where Search-cum-Selection Committee method is approved for selection, the following guidelines for composition of Search-cum-Selection Committee for Board level posts in CPSEs would henceforth be followed by all Ministries/Departments:
(i) The Search-cum-Selection Committee shall be chaired by the Chairman, PESB. The Committee should normally consist of not more than 05 members including the Chairman and at least one outside expert of eminence. The Secretary of the concerned administrative Ministry/Department would invariably be a Member of such Search-cum-Selection Committee, if the selection is for the post of Chairman-cum-Managing Director (CMD). However, if the selection is for a Board level post other than that of CMD, in place of the concerned Secretary, an officer not below the rank of Additional Secretary of the administrative Ministry/Department may be included in the Committee.
(ii) In case of selection of Functional Directors, the concerned regular Chairman/CMD of the concerned PSU should invariably be included in the Search-cum-Selection Committee. However in the case of subsidiaries, the regular Chairman/CMD of the holding company shall be included in the Committee for selection of both Functional Directors and CMD of the subsidiary.
(iii) The composition of the Search-cum-Selection Committee shall be proposed by the concerned administrative Ministry/Department within 10 days of receipt of approval of the Competent Authority for filling up the post through the Search-cum-Selection Committee method. The proposal shall be examined and processed by the Office of the Establishment Officer and the constitution of the SCSC will-be approved by the Cabinet Secretary.
(iv) The job description of the post including the eligibility conditions shall be finalized by the administrative Ministry/Department in consultation with the PESB for Scheduled CPSEs. In case of uncategorised CPSEs, the job description, including the eligibility conditions etc., will be finalized by the Search-cum-Selection Committee itself.
(v) The vacancy shall be advertised by the concerned administrative Ministry/Department and be given wide publicity through open advertisement/circulation among various Ministries/ Departments/State Governments/Autonomous bodies/Research Institutes etc., and will also be uploaded on the website of the administrative Ministry/Department. On receipt of the applications, further processing including scrutiny of applications, for putting up before the SCSC would also be done by the concerned administrative Ministry/Department.
(vi) A period of not less than 4 weeks may be allowed for receipt of applications after issue of advertisement by the concerned administrative Ministry/Department, on the same lines as the provision in this regard contained in DoPT’s O.M. No. AB-14077/11/2004-Estt.(RR) dated 30.07.2007.
(vii) The Search-cum-Selection Committee will furnish only one name to the administrative Ministry/Department. A reserve name in a sealed envelope shall be kept in the personal custody of the Chairman, PESB and will be opened only on orders of the ACC.
(viii) The panel recommended by the Committee shall be valid for one year. If no selection is made from the panel within a period of one year, a fresh Committee shall be constituted to prepare a fresh panel. Such a Committee may also consider the names of persons recommended in the earlier panel.
(ix) On receipt of the recommendation of the Search-cum-Selection Committee, the timeline and the instructions regarding vigilance clearance prescribed in this Secretariat’s Q.M. No. 27(4)/2014(ACC) dated 22.10.2014 would be followed for further processing of the proposals for consideration of the ACC.
Sd/-
(Virender Singh)
Under Secretary to the Government of India
23093671
Under Secretary to the Government of India
23093671
source-http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02eod/27_8_EO-2014-ACC-12022015.pdf
Voluntary Retirement from Persons suffering with disability
G.I., Dep. of Per. & Trg., O.M.F. No. 25012/01/2015-Estt (A.IV), dated 6.2.2015
Subject: – Request for Voluntary Retirement from Persons suffering with disability – regarding.
The undersigned is directed to say that many Government servants seek voluntary retirement on medical grounds. Sec 47 of the Persons with Disabilities (Equal Opportunities, Protection of justifys and Full Participation) Act, 1995 (PWD Act) lays down that no establishment shall dispense with the services of an employee who acquires a disability during the course of service. It is proposed that any Government servant seeking voluntary retirement on medical grounds may be apprised of the above provisions of PWD ACT, in order that he can take a considered decision.
2. A draft of the office memorandum to be issued in this regard is enclosed. Comments/suggestions are invited on the proposal. Comments may kindly be sent to the undersigned by Email at dse@nic.inor by FAX at 011-23093179 by 20-02-2015
Draft of the Office Memorandum
G.I., Dep of Per. & Trg., O.M. F.No.25012/1/2015-Estt (A-IV), dated ../../2015
Subject : Request for Voluntary retirement from persons suffering from disability — Supreme Court Order in Bhagwan Dass & Anr Vs Punjab State Electricity Board (2008) 1 SCC, 579.
The undersigned is directed to refer to Rule 48A and Rule 48 of CCS (Pension) Rules, 1972 and Rule 56 of Fundamental Rules and say that a Government servant can seek voluntary retirement after completion of prescribed period of qualifying service under the said Rules.
2. It has been noticed that on many occasions persons suffering from physical/mental disability seek voluntary retirement owing to their inability to attend duty, not being aware of the protection afforded by the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act):
3. Section 47 of PWD Act, 1995 is reproduced below for reference:
“Non-discrimination in Government Employment — (1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service.
“Non-discrimination in Government Employment — (1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service.
Provided that if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits;
Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.
No promotion shall be denied to a person merely on the ground of his disability;
Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section”.
4. The issue had come up in Bhagwan Dass & Anr Vs Punjab State Electricity Board (2008) 1 SCC 579, decided by the Hon’ble Supreme Court where the employee who had during his service suffered from blindness had applied for voluntary retirement. The Hon’ble Supreme Court had observed that he was not aware of any protection that the law afforded him and apparently believed that the blindness would cause his to lose his job, the source of livelihood of his family. In those circumstances it was the duty of superior officers to explain to him the correct legal position and to tell him about his legal rights.
5. Keeping in view the provisions of PWD Act and the judicial pronouncement, it has been decided that whenever a Government servant seeks voluntary retirement, on medical grounds, the Appointing Authority shall examine whether his/her case is covered by the provisions of Section 47 of PWD Act. In case, the provisions are applicable, then the Government servant shall be advised that he/she has the option of continuing in service by virtue of the protection afforded by PWD Act.
6. If the Government servant, after being advised as in para 5 above, still wishes to take Voluntary retirement the request may be processed as per normal rules.
7. All the Ministries and Departments are requested to keep the above in view while processing cases of requests for Voluntary retirement in case of disability.
Authority: www.persmin.gov.in
Prevention of Sexual Harassment of Women at the Workplace – Amendments to CCS(Conduct)Rules 1964
Prevention of Sexual Harassment of Women at the Workplace – Amendments to CCS(Conduct)Rules 1964
G.I., Dep. of Per. & Trg., O.M.No. 11013/2/2014-Estt (A-III), dated 2.2.2015
Subject: Central Civil Services (Conduct) Rules 1964 — Guidelines regarding prevention of sexual harassment of women at the workplace— regarding
Following the promulgation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [SHWW(PPR) Act] and notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 [SHWW(PPR) Rules] on 09.12.2013., the Government has recently, on 19.11.2014, notified the amendments to Central Civil Services (Conduct) Rules 1964 and Classification, Control and Appeal Rules, 1965.
The amendments and other salient features of the Act/ Rules was brought to the notice of all concerned vide Office Memorandum of even no. dated 27.11.2014. The amendments to the Central Civil Services (Conduct) Rules 1964 and Classification, Control and Appeal Rules, 1965 and the Office Memorandum dated 01.12.2014 are available on the Department’s website.
2. The following guidelines, conveying the decision of the Committee of Secretaries on this subject, were issued vide this Department’s Office Memorandum No. 11013/3/2009-Estt.(A) dated 03.08.2009, “As regards provisions for protection of women, it was suggested that the complaints committee mechanism provided under Vishakha guidelines relating to sexual harassment should be strictly in accordance with the judgment and steps should be taken to ensure that the committee is effective and functional at all times. It would also be desirable for the Committees to meet once a quarter, even if there is no live case, and review preparedness to fulfil all requirements of the Vishakha judgment in the Department/Ministry/ organization concerned.”
3. As per the guidelines issued vide Office Memorandum dated 21.07.2009, it is also to be ensured that the Complaints Committee shall at all times be in existence and changes in its composition, whenever necessary, should be made promptly and adequately publicized. The composition of the Complaints Committee should also be posted on the websites of the concerned Ministries/Departments/Offices concerned.
4. Vide the Office Memorandum dated 01.12.2014, the attention of the Ministries/Departments was also invited to the reporting requirements mentioned in the SHWW(PPR) Act and SHWW(PPR) Rules.
5. All Ministries/ Departments are requested to please review the progress of implementation of the existing abovementioned guidelines issued in the aftermath of the Vishakha judgment.
6. Attention of all Ministries is invited to Section 22 of the Act relating to including information in Annual Report, and to request that information relating to number of cases filed, if any, and their disposal may be included in the Annual Report of the Ministry / Department.
7. All Ministries / Departments are also requested to furnish an annual return (as on 31 stMarch) in the enclosed proforma to this Department by 30th April every year.
Authority : www.persmin.gov.in(DoPT)
GPF & Pension Benefits to Casual Labour with temporary status regularised after 1.1.2004
No. 49014/2/2014-Estt(C)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
*******
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
*******
North Block, New Delhi.
Dated the 29th January,2015.
Dated the 29th January,2015.
OFFICE MEMORANDUM
Subject: GPF & Pension Benefits to Casual Labour with temporary status regularised after 1.1.2004 —regarding.
The undersigned is directed to say that following the issue of this Department’s O.M. No. Dated 26.04.2004, the status of admissibility of pensionary benefits to CL-TS regularised after 1.1.2004 has been a subject of litigation in a number of court cases being contested by various Ministries/Department.
2. In order to take a view on the above issue and in view of the court rulings, it is requested that all Ministries/Departments may furnish the details of Casual Labour with temporary status (CL-TS) regularised after 1.1.2004 in the enclosed proforma latest by 07.02.2015.
3. The particulars of CL-TS yet to be regularised called for vide this Department’s O.M No. Dated 16.10.2014 may also be sent urgently, if not already sent.
(J. A. Vaidyanathan)
Director(Estt.)
Telefax: 23093179
Director(Estt.)
Telefax: 23093179
Source-http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/49014_2_2014-Estt.C-29012015.pdf
GPF & Pension Benefits to Casual Labour with temporary status regularised after 1.1.2004 – Dopt orders
GPF & Pension Benefits to Casual Labour with temporary status regularised after 1.1.2004 – Dopt orders
G.I., Dep. of Per. & Trg., O.M.No.49014/2/2014-Estt(C), dated 29.1.2015
Subject: GPF & Pension Benefits to Casual Labour with temporary status regularised after 1.1.2004 —regarding.
The undersigned is directed to say that following the issue of this Department’s O.M. No. Dated 26.04.2004, the status of admissibility of pensionary benefits to CL-TS regularised after 1.1.2004 has been a subject of litigation in a number of court cases being contested by various Ministries/Department.
2. In order to take a view on the above issue and in view of the court rulings, it is requested that all Ministries/Departments may furnish the details of Casual Labour with temporary status (CL-TS) regularised after 1.1.2004 in the enclosed proforma latest by 07.02.2015.
3. The particulars of CL-TS yet to be regularised called for vide this Department’s O.M No. Dated 16.10.2014 may also be sent urgently, if not already sent.
Authority: www.persmin.gov.in
Submission of Appeal before DoP&T against order passed by the State disciplinary authority under Rule 18 (3) & (4) of AIS (D&A) Rules, 1969-regarding
No. 105/4/2013-AVD.I (B)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi.
Dated the 27th January, 2015
Dated the 27th January, 2015
To
The Chief Secretaries of
All the State Government/
Union Territory Administrations
(As per standard List)
The Chief Secretaries of
All the State Government/
Union Territory Administrations
(As per standard List)
Subject : Submission of Appeal before DoP&T against order passed by the State disciplinary authority under Rule 18 (3) & (4) of AIS (D&A) Rules, 1969-regarding
Sir,
I am directed to invite your kind attention to Rule 18 (3) of All India Services (Discipline & Appeal) Rules, 1969 which stipulates as follows:
I am directed to invite your kind attention to Rule 18 (3) of All India Services (Discipline & Appeal) Rules, 1969 which stipulates as follows:
As per Rule 18 (3) of AIS (D&A) Rules, 1969 “every such appeal shall be submitted through the head of the office under whom the appellant is for the time being serving and through the Government from whose order the appeal is preferred”. As per Rule 18 (4) of AIS (D&A) Rules, 1969, “the authority which made the order appealed against shall, on receipt of a copy of every appeal, which is not withheld under Rule 21, forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay and without waiting for any direction from the Central Government”.
2. It has been observed that the appeals against the orders of State Disciplinary authorities etc. are being preferred directly to the Government of India by the IAS officers without following the aforesaid rules. Consequently, the same are not being disposed of in a time bound manner due to non receipt of relevant records & comments of the State Government / Others authorities under whom the officer is working. Contempt cases are also being attracted due to non disposal of such appeals timely.
3. Accordingly, Competent Authority in this Department has decided that such appeals received directly in this Department without following the due procedure shall not be entertained. State Government/Union Territories Administrations/Ministries / Departments of Central Ministries are requested to abide by the procedure provided in Rule 18 of AIS (D&A) Rules, 1969 to submit the appeals through the Head of Office and the Government whose order is being appealed against and inform all the IAS officers working under them for strict compliance.
Yours faithfully,
Sd/-
(Anshu Sinha)
Director (V-I)
Tel.No. 23092158
Director (V-I)
Tel.No. 23092158
Submission of Appeal before DoP&T against order passed by the State disciplinary authority under Rule 18 (3) & (4) of AIS (D&A) Rules, 1969-regarding
No. 105/4/2013-AVD.I (B)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi.
Dated the 27th January, 2015
Dated the 27th January, 2015
To
The Chief Secretaries of
All the State Government/
Union Territory Administrations
(As per standard List)
The Chief Secretaries of
All the State Government/
Union Territory Administrations
(As per standard List)
Subject : Submission of Appeal before DoP&T against order passed by the State disciplinary authority under Rule 18 (3) & (4) of AIS (D&A) Rules, 1969-regarding
Sir,
I am directed to invite your kind attention to Rule 18 (3) of All India Services (Discipline & Appeal) Rules, 1969 which stipulates as follows:
I am directed to invite your kind attention to Rule 18 (3) of All India Services (Discipline & Appeal) Rules, 1969 which stipulates as follows:
As per Rule 18 (3) of AIS (D&A) Rules, 1969 “every such appeal shall be submitted through the head of the office under whom the appellant is for the time being serving and through the Government from whose order the appeal is preferred”. As per Rule 18 (4) of AIS (D&A) Rules, 1969, “the authority which made the order appealed against shall, on receipt of a copy of every appeal, which is not withheld under Rule 21, forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay and without waiting for any direction from the Central Government”.
2. It has been observed that the appeals against the orders of State Disciplinary authorities etc. are being preferred directly to the Government of India by the IAS officers without following the aforesaid rules. Consequently, the same are not being disposed of in a time bound manner due to non receipt of relevant records & comments of the State Government / Others authorities under whom the officer is working. Contempt cases are also being attracted due to non disposal of such appeals timely.
3. Accordingly, Competent Authority in this Department has decided that such appeals received directly in this Department without following the due procedure shall not be entertained. State Government/Union Territories Administrations/Ministries / Departments of Central Ministries are requested to abide by the procedure provided in Rule 18 of AIS (D&A) Rules, 1969 to submit the appeals through the Head of Office and the Government whose order is being appealed against and inform all the IAS officers working under them for strict compliance.
Yours faithfully,
Sd/-
(Anshu Sinha)
Director (V-I)
Tel.No. 23092158
Director (V-I)
Tel.No. 23092158
Review of Model Calendar for the Departmental Promotion Committees (DPCs) being conducted by the Ministries / Departments.
No. 22011/4/2013-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi
Dated : 28th January 2015
Dated : 28th January 2015
OFFICE MEMORANDUM
Subject : Review of Model Calendar for the Departmental Promotion Committees (DPCs) being conducted by the Ministries / Departments.
Reference is drawn to this Department’s instructions on Model calendar for DPCs vide OM No.22011/9/98-Estt (D) dated 8th September, 1998. The Model Calendar envisages initiating action in advance of the commencement of the vacancy year so as to have the approved select panels ready before start of the vacancy year and ensure timely promotions of employees.
2. The Annual Performance Assessment Reports (APAR) schedule separately provide a time schedule for preparation/completion of APARs O.M. No.21011/1/2005-Estt.(A) (Pt.II) dated 23rd July, 2009. The crucial date of eligibility is 1st April of the vacancy year (Financial year based vacancy year) and 1st January (Calendar year based vacancy year) as per OM No. 22011/6/2013-Estt(D) dated 28th May, 2014.
3. The schedule of Model Calendar for conduct of DPCs in line with the time schedule for completion of APARs so that the panel as approved by the Competent Authority is available before the commencement of the vacancy year has been further examined. It has been decided to reschedule the time frame for the DPCs being conducted by Ministries/Departments themselves as below:-
Model Calendar for DPCs conducted by the Ministries/Departments
(For Grades / Posts not associated with UPSC)
(For Grades / Posts not associated with UPSC)
| Events | Financial Year based vacancy year | Calendar Year based vacancy year |
| Vacancy year | 2016-17 | 2016 |
| Crucial date of eligibility | 1 st April 2016 | 1 st January 2016 |
| 1. Calculation of vacancy; Finalization of Seniority List; Completion of APARs including disposal of representations received on entries/grading in ACRs/APARs; collection of information on vigilance clearance status; Completion of Penalty statement for last ten years. | April – November, 2015 | January-August, 2015 |
| 2. Submission of proposal complete in all respects, of Chairman DPC for convening of DPC | December 31, 2015 | September 30, 2015 |
| 3. DPC to be held | January 2016 to February 2016 | October 2015 to November 2015 |
| 4. Submission of DPC minutes for the approval of competent authority | March 15, 2016 | December, 2015 |
| 5. Last date for getting ready the approved select panel bye the administrative Ministry/Department | March 31, 2016 | December 31, 2015 |
| Note : Dates / periods suggested in the Model Calendar for DPC put no bar on earlier completion of various pre/post-DPC related actions.
Every effort may, as such, be made for taking speedy action in the matter without waiting for the last lade or completion of the period as suggested by the Model
| ||
4. It has been decided to make the aforesaid Model Calendar for DPCs operational with effect from April 1, 2015 in relation to the financial year based vacancy year 2016-17 commencing from April 1, 2016. In the case of calendar year-based vacancy year commencing from January 1, 2016, the Model DPC Calendar will take operational effect from January 1, 2016. These instructions shall, accordingly, be applicable to all such subsequent vacancy years.
5. The success of the Model Calendar depends upon the Ministries/Departments initiating timely action in advance and furnishing the complete proposals to the DPCs with relevant APARs, copy of Service/Recruitment Rules, seniority list, penalty statement and correct vacancy position etc. All Ministries/Departments are, therefore, requested to give these instructions wide circulation and ensure strict compliance so that the desired objectives of convening of DPC meetings/preparation of the approval select panels as per the aforesaid prescribed time-frame may be achieved.
6. Model Calendar for DPCs conducted by UPSC both for ACC and Non-ACC cases is separately under review. Meanwhile, cadre controlling authorities are advised for timely completion of calculation of vacancy; finalization of Seniority List; collection of information on vigilance clearance status; completion of Penalty statement for last ten years so that the proposal for seeking the date from UPSC for holding DPC may be taken up on completion of APARs including disposal of representations received on entries/grading in ACRs/APARs. The instructions with regard to JS level officer as designated authority for timely holding of DPCs and requirement of complete proposal as contained in OM NO. 22011/1/2011-Estt.(D) dated 25th March, 2011 and OM No. 22011/3/2011-Estt.(D) dated 24th March, 2011 are reiterated.
7. Hindi version will follow.
(Mukta Goel)
Director (E.I)
Tele. No. 23092479
Director (E.I)
Tele. No. 23092479
Amendment of Rules on Imposing Penalty on Government Servants
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
(Department of Personnel and Training)
NOTIFICATION
New Delhi, the 22nd January, 2015
G.S.R. 6(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Fundamental Rules, 1922, namely:-
1. (1) These rules may be called the Fundamental (Amendment) Rules, 2014.
(2) They shall be deemed to have come into force on the 27th October, 2013.
2. In the Fundamental Rules, 1922, in rule 29, for clause (2), the following clause shall be substituted, namely:—
“(2) If a Government servant is reduced as a measure of penalty to a lower service, grade or post or to a lower time-scale, the authority ordering the reduction shall specify,—
(a) the period for which the reduction shall be effective;
(b) whether, on restoration, the period of reduction shall operate to postpone future increments and, if so, to what extent; and
(c) whether the Government servant shall regain his original seniority in the higher service, grade or post or time-scale on his restoration to the service, grade or post or time-scale from which he was reduced.”
[F. No. 6/2/2013-Estt. (Pay-I)]
MUKESH CHATURVED
MUKESH CHATURVED
source-http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/6_2_2013-Estt.Pay-I-02012015.pdf
Shortage of staff in the grades of Assistants and Section Officers-modification to the channel of submission till staff position improves regarding
No.7/4/2013-CS.I(A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
CS.I Division
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
CS.I Division
2nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003
Khan Market, New Delhi-110003
Dated the 23rd January 2015
OFFICE MEMORANDUM
Subject: Shortage of staff in the grades of Assistants and Section Officers-modification to the channel of submission till staff position
improves regarding.
improves regarding.
The undersigned is directed to refer to the various requests received from Ministries/Departments for posting of officers in the grades of Assistant and Section Officer and to say that as on date about 2500 vacancies exist in the Assistants grade alone. The vacancies could not be filled up on account of litigation relating to Combined Graduate Level Examination-2013, The CGLE-2013 has to be conducted again and its results are expected shortly. Selected candidates would be first required to undergo the Foundational Training and only thereafter, they could be nominated to Ministries/Departments. In view of this, it would take few more months before DR Assistants could be posted.
The same procedure will be followed in respect of Assistants recruited through CGLE-2014 for which Tier-I of the examination has already been conducted. In the meanwhile, vacancies in the grade of Assistant will continue to remain. As regards. SO grade, the position has improved considerably and this Department will shortly issue the zone for promotion against seniority quota for the Select List year 2014. The remaining vacancies will also be filled up once UPSC declares results of Limited Departmental Competitive Examination-2014.
2. The undersigned is directed to circulate herewith the vacancy position in the grades of Assistant and SO as per Annexure. It may be seen that the combined strength of officers in-position in these grades in almost all the Ministries/Departments is more than the sanctioned strength of Assistants. Ministries)/Departments may reconcile the data and inform this Department if there is any discrepancy. They may also reconcile the actual position of officers in these grades with the data in the web based cadre management system. Till vacancies in the grade of Assistants are filled up, as advised earlier, Ministries/Departments may suitably adjust the channel of submission at SO/Assistant levels, keeping in view Chapter 6 of e-Office procedure i.e. Assistants and SOs may submit files directly to Under Secretary.
3. Cooperation of Ministries/ Departments is requested till the position in the
grade of Assistants is improved.
grade of Assistants is improved.
sd/-
(V.Srinivasaragavan)
Under Secretary to the Government of India
(V.Srinivasaragavan)
Under Secretary to the Government of India
Source document from www.persmin.gov.in
Dopt issued guidelines on prescribing Educational Qualifications and experience for recruitment of various post
Guidelines for Educational Qualifications and experience for framing/amendment of Recruitment Rules.
No.AB.14017/ 27/20 14-Estt.(RR)
Government of India
Ministry of Personnel P.G.& Pensions
Department of Personnel & Training
Government of India
Ministry of Personnel P.G.& Pensions
Department of Personnel & Training
North Block, New Delhi
Dated: 20.1.2015
Dated: 20.1.2015
OFFICE MEMORANDUM
Subject: – Guidelines for Educational Qualifications and experience for framing/amendment of Recruitment Rules.
Department of Personnel & Training vide 0M. No. AB. 14017/48/2010- Estt (RR) dated 31st December, 2010 have issued Guidelines on framing/amendment/relaxation of Recruitment Rules and Service Rules.
Department of Personnel & Training vide 0M. No. AB. 14017/48/2010- Estt (RR) dated 31st December, 2010 have issued Guidelines on framing/amendment/relaxation of Recruitment Rules and Service Rules.
2. In continuation to the above, the following Guidelines on prescribing Educational Qualifications and requisite experience in respect of various posts, Pay Band & Grade Pay/ Pay Scale for appointment by Direct Recruitment or deputation depending upon the nature of functions and duties are being issued. These Guidelines may be adopted by the Ministries/ Departments as guide while framing Recruitment Rules for various posts. A draft OM to this effect is annexed herewith.
3. Ministries/ Departments are, therefore, requested to offer their comments on the proposed O.M positively by 20.2.2015
Sd/-
(Mukta Goel)
Director (E-1)
(Mukta Goel)
Director (E-1)
——————————-
No.AB-14017/ 27/2014-Estt.(RR)
Government of India
Ministry of Personnel P.G.& Pensions
Department of Personnel & Training
Government of India
Ministry of Personnel P.G.& Pensions
Department of Personnel & Training
North Block, New Delhi
Dated: . .2015
Dated: . .2015
OFFICE MEMORANDUM
Subject: – Guidelines for Educational Qualifications and Experience for framing/amendment of Recruitment Rules.
Department of Personnel & Training vide O.M. No. AB.14017/48/2010- Estt (RR) dated 31st December, 2010 have issued Guidelines on framing/amendment/relaxation of Recruitment Rules and Service Rules.
2. In continuation to the above, the following Guidelines on prescribing Educational Qualifications and requisite experience in respect of various posts, Pay Band & Grade Pay/ Pay Scale for appointment by Direct Recruitment or deputation depending upon the nature of functions and duties are being issued. These Guidelines may be adopted by the Ministries/ Departments as guide while framing Recruitment Rules for various posts.
| Pay Band as Grade Pay/Pay Scale | Educational Qualifications | Period of Experience | |
| Apex Scale | No specific qualifications or experience is required since these postsare the highest level posts and should be as per the nature of functions & duties of the post/ Services | ||
| HAG | |||
| HAG | Doctorate or Masters Degree in Engineering/Technology /Medicine | 18 years | |
| GP Rs.10000 | Master’s Degree or Bachelor’s Degree in Engineering/ Technology/ Medicine | 15 years | |
| GP Rs.8900 | Master’s Degree or Bachelor’s Degree in Engineering/ Technology/ Medicine | 12 years | |
| GP Rs.8700 | Master’s Degree or Bachelor’s Degree in Engineering/ Technology/ Medicine | 10 years | |
| GP Rs.7600 | Master’s Degree or Bachelor’s Degree in Engineering/ Technology/ Medicine | 10 years | |
| GP Rs.6600 | Master’s Degree or Bachelor’s Degree in Engineering/ Technology/Medicine | 7 years, 5 years | |
| GP Rs.5400 | Master’s Degree or Bachelor’s Degree in Engineering/ Technology/ Medicine | 3 years | |
| GP Rs.4800 | Master’s Degree or Bachelor’s Degree in Engineering/ Technology | 2 years or NIL | |
| GP Rs.4600 | (a) Master’s Degree equivalent to Engineering or Bachelor’s Degree in Engineering/ Technology (b) Bachelors Degree/Masters Degree | NIL 3 years /2 years | |
| GP Rs.4200 | (a) Bachelors’ Degree/Diploma in professional area (b) Master’s Degree or Diploma in Engineering | 2 years NIL | |
| Grade Pay Rs.2400 & 2800 | Bachelors’ Degree OR 12th Pass with Diploma in relevant field | Nil | |
| Grade Pay Rs. 1900 & 2000 | 12th Pass | Nil | |
| Grade Pay Rs. 1800 | Matriculation or ITI | Nil | |
Note : Desirable qualification and the field of experience may be kept as per the requirement of the post. Further, the experience in the relevant field from Government/ State Government/other recognized Institutions may be kept as per the nature & duties of the post.
3. The above guidelines may not be applicable in cases where specific Educational Qualifications and experience has been prescribed by Department of Expenditure (e.g. while creating the post etc), orders/ instructions issued by this Department. (viz. Model RRs, FCS guidelines, Notification for Group ‘C’ posts & LDC, etc.) or by other Ministries/Departments (viz. AICTE/UGC norms under D/o Higher Education). Further, these educations qualifications are not exhaustive but illustrative.
4. All the Ministries/Departments are also advised that while revising/framing the Recruitment Rules, they may prescribe that possession of IT Skills would be a mandatory requirement at the entry level in respect of all the Direct Recruitment. The level of IT skill may be prescribed keeping in view the duties level and responsibilities attached to the post. For promotion, it may be stipulated that promotions would be made subject to employees successfully completing the prescribed training course. The courses in IT skills would need to be developed keeping in view the functions, responsibility and the level of the post to which the promotions is being made.
(Mukta Goel)
Director (E-1)
Director (E-1)