S B Order No. 11 / 2015 ; Acceptance of Passport, Aadhar Card and PAN Card as a valid document for age proof of girl child for opening of SSA

Scheme for Promotion of Adventure Sports & similar activities amongst Central Government Employees

To view, please CLICK HERE. 

Scheme for setting up of Gymnasium and augmentation/replacement of equipment of existing Gymnasium in the Ministries/Departments.

To view, please CLICK HERE. 

Commemorative Stamp on Dr. B. R. Ambedkar & Constitution of India - 30th September 2015.

Dr Bhimrao Ramji Ambedkar (b. 14 April 1891 – 6 December 1956), popularly known as Babasaheb Ambedkar, was one of the architects of the Indian Constitution. He was born to Bhimabai Sakpal and Ramji on 14 April 1891 in Madhya Pradesh.

Babasaheb was a well-known politician, economist, social reformer and an eminent jurist. Ambedkar's efforts to eradicate the social evils like untouchablity and caste restrictions were remarkable. The leader, throughout his life, fought for the rights of the dalits and other socially backward classes. Ambedkar was appointed as the nation's first Law Minister in the Cabinet of Jawaharlal Nehru. Bhimrao Ambedkar was appointed as the chairman of the constitution drafting committee. Ambedkar emphasized on the construction of a virtual bridge between the classes of the society. According to him, it would be difficult to maintain the unity of the country if the difference among the classes were not met. He was posthumously awarded the Bharat Ratna, India's highest civilian honor in 1990.

The Union Minister for Communications & Information Technology, Shri Ravi Shankar Prasad released the Commemorative Stamp on Dr. B.R. Ambedkar’s 125th Birth Anniversary Year, in New Delhi on 30th September, 2015. The Union Minister for Social Justice and Empowerment, Shri Thaawar Chand Gehlot and the Minister of State for Social Justice & Empowerment, Shri Vijay Sampla were also present on the occasion.

Courtesy: PIB

Special Cover in commemoration of the First World War – 29th August 2015.

World War I (WWI or WW1), also known as the First World War or the Great War, was a global war centered in Europe that began on 28 July 1914 and lasted until 11 November 1918. More than 9 million combatants and 7 million civilians died as a result of the war, a casualty rate exacerbated by the belligerents' technological and industrial sophistication, and tactical stalemate. It was one of the deadliest conflicts in history, paving the way for major political changes, including revolutions in many of the nations involved.

 

To pay a tribute to our soldiers who fought in the First World War a special cover was released on 29th August 2015 at Pune. The cover depicts a French Lady offering a rose to an Indian soldier in Paris. The cancellation depicts a rose, symbol of hope and love of a war weary world.

 

Release of Commemorative Postage Stamp on Dr. B. R. Ambedkar on 30-9-2015

Minister of Communication and IT Shri Ravi Shankar Prasad will release Commemorative Postage Stamp on Dr. B. R. Ambedkar on 30/9/2015 at 1.15 hours in a function at Conference Hall, 1st floor, Shastri Bhawan, New Delhi. 

Shri Krishan Pal Gurjar MoS SJE, Shri Vijay Sampla MoS SJE and The Union Minister for Social Justice and Empowerment, Shri Thaawar Chand Gehlot will also attend the function. 

Bheem Rao Ambedkar was born on April 14, 1891 at Ambedkar village in Ratnagiri District of Maharashtra state. His father was Ramji. He was the 14^th son of his father.

Ambedkar was a brilliant child. His teacher at school, who noticed this, was impressed and added a surname to him. It is also said that his earlier name was Bheemrao Ambedkar and it was his teacher who made it Ambedkar and gave him the full name as Bheemrao Ramji Ambedkar.

After leaving school, Ambedkar studied F.A., at the Elphinstone College, Bombay (Mumbai). With the help of the Rajah of Baroda, Ambedkar went to Colombia University, America and completed his B.A., and M.A., degrees, in 1912 and 1913 respectively. For his M.A. degree he Zwrote a research paper “Commerce in India”. He wrote many more research essays while staying at Colombia. They are:

(1) Religious in India and their origin, (2) Nationalists in India-a historical study. For the latter research paper he was awarded Ph.D., by the Colombia University. With this he became Dr. Ambedkar.

He went to England to study law. Along with law, he studied Economics and political Science. He acquired the degree of Barrister-at-law and also M.Sc. degree simultaneously. Dr. Ambedkar hails from the community of Mahars who are condemned as untouchables. On this account Dr. Ambedkar had to face a number of problems. He was looked down upon and ill-treated. Hence he wanted to agitate against untouchability.

In 1918, he took up a job as a professor in a college and in 1920 he took part in the first meet of the Depressed Classes held at Nagpur. In 1923, he started practice at Bombay High Court. In 1924, he started a paper “Bahishkrita hitakarini”. He took up the cause of the Depressed Classes before the Simon Commission which visited India in 1928. He attended the First Round Table Conference held at London and argued that the Depressed Classes should have voting rights and the right to elect their own leaders.

Dr. Ambedkar had a sharp mind. He said that all men are equal in all matters. Once he entered the Veereswar temple where Mahars were not allowed. A case was field against him by the temple authorities. The court justified the action of Dr. Ambedkar. Dr. Ambedkar could not reconcile to the domination of upper castes. It was Mahatma Gandhi who could convince Dr. Ambedkar against this and bring him back to the mainstream.

Dr. B.R. Ambedkar was first Law Minister of India after we got Independence in 1947. He was also the chairman of the drafting committee of our Constitution and in fact, he is one of the main architects of our Constitution. As a brilliant law minister and an intelligent person, he could include in the Constitution, the required safeguards for the depressed Classes. On November 1, 1949 the Draft Constitution was approved by the Government and Dr. B.R. Ambedkar was since then called, the “Modern Manu of India”.

The caste system in Hinduism forced Dr. B.R. Ambedkar to embrace Buddhism along with 5 lakhs of other Depressed Class people. He attended a conference of Buddhists in Sri Lanka in 1950. He was a lover of books. On a visit to New York, it is said that he purchased as many as 2000 books. Dr. B.R. Ambedkar passed away on December 6, 1956.

Dr. B.R. Ambedkar’s life is an example to others. He had shown how men born in humble surroundings could rise up in life, by sheer hard-work, sincerity and steadfastness. Very rarely we get such persons of special caliber in history.

Retirement in the month of September 2015

Following Member PSB /JTS Gr. A and PS Gr. B Officers are retiring from Govt. Service on superannuation on 30/9/2015

Sl. No.	Name of Officer	Designation	Circle
1	Shri A. B. Joshi	Member (Technology)	Directorate
2	Shri K. Harikrishna Holla	APMG (BD) o/o CPMG, Bangalore	Karnataka
3	Shri S. L. Patel	AD (Staff) o/o CPMG Raipur	Chhattisgarh
4	Shri Haradhan Nandy	SSP, South Kolkatta Division	West Bengal
5	Shri M. Nagesh	SSP, Dharwad Division, Dharward	Karnataka
6.	Shri N. P. Sampth	SP, Tiruppathur Division	Tamil Nadu
7	Shri S. Muthusamy	SP, Karaikudi Division	Tamil Nadu

CHQ wishes them a very happy, healthy and long retired life. In few circles, senior ASPs are working on adhoc basis in PS Gr. B cadre and retiring without getting regular PS Gr. B promotion, their names are not included in the list, the same may kindly be reported to GS by SMS.

DOP circulated DA order

Compulsory Retirement under CCS Rules ; Central Government employees over 50/55 worried

“Compulsory Retirement under CCS Rules – Following are the consequences of a law imposed by DoPT.”

 

The Armed Forces, Railways, Defence, and Deaprtment of Post are among the largest employers under the control of the Central Government. The largest among them, the Railways, employs more than 13 lakh employees. In all, the Central Government employees more than 34 lakh, and has more than 38 lakh pensioners on its list.

 

The Centre has now ordered the implementation of an old and forgotten law. According to Section 56 (J) and 56 (I) or Rule 48(1) (b) of CCS (Pension) Rules 1972, the performances of those between the ages of 50 and 55, and those who have completed 30 years of service must be reviewed by senior officers once every three months, vis. Jan to Mar, Apr to Jun, Jul to Sep and Oct to Dec. All the departments have been ordered to review the performances and implement this rule immediately. And also advised to constitute a Review Committee consisting of two Members at appropriate level.

 

Relevant orders to this effect were issued on September 11. Senior officials and employees of various departments are confused and terrified following the orders.

Some claim that the government has taken this step to stifle the indefinite strike to be held in November. The Central Government employees union and the railway employees’ union claim that, armed with this rule, the government can send home workers under the compulsory retirement scheme.

 

The order quoted, “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.”

 

Worse hit due to the new rule are the senior and experienced members of the staff. These employees are already affected by denial of increments and de-promotions. The federations claim that the Centre is treating these experienced employees as unreliable and talentless manpower and is hell-bent on terminating their services.

 

The government is conspiring to use this law and give compulsory retirement to employees over the age of 50/55 by branding them as unfit for work. The law also makes it possible for the government to find faults with their work.

The move is intended to intimidate the employees into not participating in the indefinite strike in November.

DOPT ORDERS

DOPT ORDERS 2015

Streamlining Action on Pension grievances - uploading of replies given by the Ministries/Departments to the petitioner on CPENGRAMS.

To view, please CLICK HERE. 

Promotion and posting in the Grade of Member, Postal Services Board, Indian Postal Service, Group 'A ' and transfer/posting of a Member, Postal Services Board

To view Directorate memo No. 1-1/2015-SPG dated 29th September 2015, please CLICK HERE. 

Circulation of Fake order for extension of due date for filing of Audit report and return of Income for Assessment Year 2015-16

Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

 

PRESS RELEASE

 

New Delhi, 28th September, 2015

 

Sub: Circulation of Fake order for extension of due date for filing of Audit report and return of Income for Assessment Year 2015-16-regarding

 

It has been brought to the notice of the Government that a fake order dated 26th September 2015 supposedly under section 119 of the Income-tax Act 1961 under the signature of one Upmanyu Reddy, Under Secretary to the Government of India is in circulation. The fake order extends the due date for filing of audit report under section 119 of the Income-tax Act to 15 October 2015.

 

It is clarified the order is fraudulent. The Government has not extended the due date for filing of returns and audit report due by 30th September 2015. Tax payer and practitioners are advised not to give any credence to the fraudulent order purportedly signed by one Upmanyu Reddy.

 

(Shefali Shah)
Pr. Commissioner of Income Tax (OSD)
Official Spokesperson, CBDT

 

Authority : www.incometaxindia.gov.in

Today's News : DoP seek Cabinet nod to set up Payments Bank

The Department of Posts (DoP) is expected to seek Cabinet nod within two months for raising Rs.292 crore from public investment board to set-up Payments Bank, for which it has already got the RBI approval.

“We expect the fund to be cleared in two months,” an official source told PTI.

Payments bank licence will allow companies to collect deposits (initially up to Rs.1 lakh per individual), offer Internet banking, facilitate money transfers and sell insurance and mutual funds.

Besides, they can issue ATM or debit cards, but not credit cards. The Department expects revenue of over Rs.550 crore from PBI in first 5 years. The postal department had earlier tried for Rs.632 crore fund approval from government for full fledged banking services but it was not cleared by PIB.

Government has in-principle agreed to the entry of Postal Department in banking service through payments bank route.

 

“The DoP expects to roll out Payment Bank services by March 2017. There are no major infrastructure issue with the department. Only there is need to set up a data centre and disaster recovery centre which will be done soon,” the official said.

 

Consultants

 

The Postal department computerised about 25,000 of its departmental post offices but rural post offices will be provided handheld devices for digitalising records.

The Department is in final stages of appointing a consultant that will guide it in setting up payment banks.

The Payments Bank entity is proposed to have its own employees and IT infrastructure. — PTI

 

The DoP expects to roll out Payment Bank services by March 2017. There are no major infrastructure issue with the department

 

Inspection Note for CBS Post Office in DOP Finacle

Migration Note

1. See reconciliation report provided by Infosys at the time of migration is available? Whether the copy of the same has been provided to SBCO and SPO? Examine exception report if any given by Infosys and suggest remedial action.
2. See as to whether the manual records have been migrated to CBS application? If not make a note of it and take remedial action.
3. Have all signatures migrated to CBS/Finacle application? See signatures of at least 10 accounts in Finacle/CBS application
4. Talk to the concerned staff and see if any issue observed with the migrated data.

Function and Migration

• Whether staff has been adequately trained in operating Finacle CBS . Any suggestions for improvement.
• Whether supervisory staff is regularly verifying pending transactions during the working hours?
• Whether job aids are available on the desktop of all counters? If not take remedial action and install the same.
• Whether process documents circulated by Directorate are available in soft or hard copy with counter PAs and supervisors?
• Awareness about Infosys help desk number and mail id? Number of issues pending for solution. Only genuine issues to be raised with full details of the official.

Hand holding support team:

• What is the feedback on the support provided by Infosys hand holding support? Any suggestions for improvement.

Common Verificationin DOP Finacle (CBS Offices)

Whether postmaster is taking printout of office accounts ledgers and cross verifying transactions with LOT on daily basis? If not direct Postmaster to do it on daily basis and ensure compliance.

1. Physically verify certificates stock with stock available in finacle and record results.
2. Physically verify stock of blank POSB cheque books available in finacle and record results.
3. Verify cash with one or two counters with their teller cash account and record the results.
4. Educate on operating agents portal? Check lists created by agents through portal and finacle?

Availability of Account opening forms and CBS passbooks.

Maintaining of SS book

Sending Account opening forms and KYC to CPC on daily basis and preservation of those received back.

Pending Cases in Fiancle

• Pending AOF rejected .
• Pending NC4(a)
• No undelivered NSC available in office.
• List out major issues pending with help desk.
• Pending tickets of the post office where solutions are provided.

SBCO tallying 100% vouchers with LOT and writing objection memo pads for manual corrections and consolidation.

Having ATM ?

• Whether ATM is Installed in the Post Office Premises? If so, is it working?
• Number of instant ATM Cards / Welcome Kits lying in Stock?
• Collect some Passbooks form the counter and verify balance available in Finacle CBS by using menu HACLI. Record results.
• Whether New Account opening Forms and CBS Passbooks are available in sufficient numbers? If no, take remedial action to ensure adequate supply.

See consolidation for all schemes for 4 days and verify with totals of LOT available in Post office.

Whether SS Book is being maintained to paste Specimen Signatures of newly opened Savings accounts? If not, get the same started in your presence.

 

Facilities available with the CCSCSB and the rates for Booking

To view, please CLICK HERE. 

Grant of Dearness Relief to Central Government pensioners/family pensioners - Revised rate effective from 1.7.2015.

To view, please CLICK HERE. 

More than 100 Keyboard Shortcuts

Microsoft Windows - Keyboard Shorcuts

1. CTRL+C (Copy)

2. CTRL+X (Cut)

3. CTRL+V (Paste)

4. CTRL+Z (Undo)

5. DELETE (Delete)

6. SHIFT+DELETE (Delete the selected item permanently without placing the item in the Recycle Bin)

7. CTRL while dragging an item (Copy the selected item)

8. CTRL+SHIFT while dragging an item (Create a shortcut to the selected item)9. F2 key (Rename the selected item)

10. CTRL+RIGHT ARROW (Move the insertion point to the beginning of the next word)

11. CTRL+LEFT ARROW (Move the insertion point to the beginning of the previous word)

12. CTRL+DOWN ARROW (Move the insertion point to the beginning of the next paragraph)

13. CTRL+UP ARROW (Move the insertion point to the beginning of the previous paragraph)

14. CTRL+SHIFT with any of the arrow keys (Highlight a block of text)

SHIFT with any of the arrow keys (Select more than one item in a window or on the desktop, or select text in a document)

15. CTRL+A (Select all)

16. F3 key (Search for a file or a folder)

17. ALT+ENTER (View the properties for the selected item)

18. ALT+F4 (Close the active item, or quit the active program)

19. ALT+ENTER (Display the properties of the selected object)

20. ALT+SPACEBAR (Open the shortcut menu for the active window)

21. CTRL+F4 (Close the active document in programs that enable you
to have multiple documents opensimultaneou sly)

22. ALT+TAB (Switch between the open items)

23. ALT+ESC (Cycle through items in the order that they had been opened)

24. F6 key (Cycle through the screen elements in a window or on the desktop)

25. F4 key (Display the Address bar list in My Computer or Windows Explorer)

26. SHIFT+F10 (Display the shortcut menu for the selected item)

27. ALT+SPACEBAR (Display the System menu for the active window)

28. CTRL+ESC (Display the Start menu)

29. ALT+Underlined letter in a menu name (Display the corresponding menu) Underlined letter in a command name on an open menu (Perform the corresponding command)

30. F10 key (Activate the menu bar in the active program)

31. RIGHT ARROW (Open the next menu to the right, or open a submenu)

32. LEFT ARROW (Open the next menu to the left, or close a submenu)

33. F5 key (Update the active window)

34. BACKSPACE (View the folder onelevel up in My Computer or Windows Explorer)

35. ESC (Cancel the current task)

36. SHIFT when you insert a CD-ROMinto the CD-ROM drive (Prevent the CD-ROM from automatically playing)

Dialog Box - Keyboard Shortcuts

1. CTRL+TAB (Move forward through the tabs)

2. CTRL+SHIFT+TAB (Move backward through the tabs)

3. TAB (Move forward through the options)

4. SHIFT+TAB (Move backward through the options)

5. ALT+Underlined letter (Perform the corresponding command or select the corresponding option)

6. ENTER (Perform the command for the active option or button)

7. SPACEBAR (Select or clear the check box if the active option is a check box)

8. Arrow keys (Select a button if the active option is a group of option buttons)

9. F1 key (Display Help)

10. F4 key (Display the items in the active list)

11. BACKSPACE (Open a folder one level up if a folder is selected in the Save As or Open dialog box)

Microsoft Natural Keyboard Shortcuts

1. Windows Logo (Display or hide the Start menu)

2. Windows Logo+BREAK (Display the System Properties dialog box)

3. Windows Logo+D (Display the desktop)

4. Windows Logo+M (Minimize all of the windows)

5. Windows Logo+SHIFT+M (Restore the minimized windows)

6. Windows Logo+E (Open My Computer)

7. Windows Logo+F (Search for a file or a folder)

8. CTRL+Windows Logo+F (Search for computers)

9. Windows Logo+F1 (Display Windows Help)

10. Windows Logo+ L (Lock the keyboard)

11. Windows Logo+R (Open the Run dialog box)

12. Windows Logo+U (Open Utility Manager)

13. Accessibility Keyboard Shortcuts

14. Right SHIFT for eight seconds (Switch FilterKeys either on or off)

15. Left ALT+left SHIFT+PRINT SCREEN (Switch High Contrast either on or off)

16. Left ALT+left SHIFT+NUM LOCK (Switch the MouseKeys either on or off)

17. SHIFT five times (Switch the StickyKeys either on or off)

18. NUM LOCK for five seconds (Switch the ToggleKeys either on or off)

19. Windows Logo +U (Open Utility Manager)

20. Windows Explorer Keyboard Shortcuts

21. END (Display the bottom of the active window)

22. HOME (Display the top of the active window)

23. NUM LOCK+Asterisk sign (*) (Display all of the subfolders that are under the selected folder)

24. NUM LOCK+Plus sign (+) (Display the contents of the selected folder)

MMC COnsole Windows Shortcut keys

1. SHIFT+F10 (Display the Action shortcut menu for the selected item)

2. F1 key (Open the Help topic, if any, for the selected item)

3. F5 key (Update the content of all console windows)

4. CTRL+F10 (Maximize the active console window)

5. CTRL+F5 (Restore the active console window)

6. ALT+ENTER (Display the Properties dialog box, if any, for the selected item)

7. F2 key (Rename the selected item)

8. CTRL+F4 (Close the active console window. When a console has only one console window, this shortcut closes the console)

Remote Desktop Connection Navigation

1. CTRL+ALT+END (Open the Microsoft Windows NT Security dialog box)

2. ALT+PAGE UP (Switch between programs from left to right)

3. ALT+PAGE DOWN (Switch between programs from right to left)

4. ALT+INSERT (Cycle through the programs in most recently used order)

5. ALT+HOME (Display the Start menu)

6. CTRL+ALT+BREAK (Switch the client computer between a window and a full screen)

7. ALT+DELETE (Display the Windows menu)

8. CTRL+ALT+Minus sign (-) (Place a snapshot of the active window in the client on the Terminal server clipboard and provide the same functionality as pressing PRINT SCREEN on a local computer.)

9. CTRL+ALT+Plus sign (+) (Place a snapshot of the entire client window area on the Terminal server clipboardand provide the same functionality as pressing ALT+PRINT SCREEN on a local computer.)

Microsoft Internet Explorer Keyboard Shortcuts

1. CTRL+B (Open the Organize Favorites dialog box)

2. CTRL+E (Open the Search bar)

3. CTRL+F (Start the Find utility)

4. CTRL+H (Open the History bar)

5. CTRL+I (Open the Favorites bar)

6. CTRL+L (Open the Open dialog box)

7. CTRL+N (Start another instance of the browser with the same Web address)

8. CTRL+O (Open the Open dialog box,the same as CTRL+L)

9. CTRL+P (Open the Print dialog box)

10. CTRL+R (Update the current Web )

 

Provision of concession to APS candidates for appearing/passing the Inspector Posts Examination

Chandigarh CAT Bench allowed applicant to appear in LDCE for IP Examination 2014

CENTRAL ADMINISTRATIVE TRIBUNAL

CHANDIGARH BENCH

ORIGINAL APPLICATION NO.060/00660/2014

Order Reserved on 13.01.2015

Pronounced on        30.01.2015

CORAM:    HON BLE MR.  SANJEEV KAUSHIK, MEMBER (J).

                HON'BLE MRS. RAJWANT SANDHU, MEMBER (A)

Gourav Kumar son of Sh. Satnam Rai, Sorting Assistant, Office of Head Record Officer, RMS LD Division, Railway Station, Ludhiana, Punjab, resident of St. No.2, Dera Baba Badri Dass, Bedi Colony, Ferozepur City......  Applicant

Versus

1. Union of India through the Secretary to Government of India, Ministry of Telecommunication & Information Technology, Department of Posts, Dak Bhawan, New Delhi.

2. Assistant Director General (DE), Government of India, Ministry of Communications & IT, Department of Posts (Recruitment Division), Dak Bhawan, Sansad Marg, New Delhi-110001.

3. The Chief Postmaster General, Punjab Circle, Sector 17, Chandigarh.

4. The Superintendent, RMS LD Division, Ludhiana-141008. ....... Respondents

 

Present:      Sh. Rohit Sharma, counsel for the applicant.

                   Sh. Darshan Gupta, proxy for Ms. Mohinder Gupta, counsel for the respondents.

 O R D E R

BY HON'BLE MRS. RAJWANT SANDHU, MEMBER (A)

1. This O.A. has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

(i)  Declare the action of the respondents in not allowing him to participate in the Inspector Posts LDCE, 2014 for promotion to the post of Inspector of Post Offices, without any logic and reason as no intimation of the disqualification of the candidature of the applicant has been communicated to him by the authorities till date as the procedure of examination is fully time bound and as his ACRs are above board and a minor penalty of stoppage of increment for three months without cumulative effect w.e.f. 01.7.2013 to 30.09.2013 has already come to an end and thus, there is no impediment in his participation in the examination and as such action of the respondents is illegal, arbitrary, discriminatory and based on extraneous consideration.

(ii)     Issue direction to the respondents to allow him to appear in the Inspector Posts LDCE, 2014 for promotion to the post of Inspector of Post Offices as a minor penalty of stoppage of increment for the three months without cumulative effect w.e.f. 01.7.2013 to 30.09.2013 has already come to an end and there is no adverse remark in any of his ACRs for the last 5 years and if he is successful, he may be promoted with all the consequential benefits.

2. When the matter came up for consideration on 11.8.2014, prayer for interim relief was allowed and the applicant was allowed to file his OMR Sheet for the LDCE.  However, it was directed that his final result may not be declared till the decision in this O.A and this position continues till date.

3. Background of the matter is that the applicant was appointed on 27.4.2008 as Sorting Assistant and at present is posted in the Head Record Office, RMS LD Division, Ludhiana.  The next promotion is to the post of Inspector of Posts Offices (Group B Non-Gazetted, Ministerial) in the Pay Band-1 of Rs.9300-34800 with Grade Pay of Rs.4200/- which is governed by rules know as Department of Posts (Inspector Posts) Recruitment Rules, 2013 (Annexure A-2).  As per these rules, the post is to be filled up 1/3rd by direct recruitment through Staff Selection Commission and 2/3rd by promotion through Limited Departmental Competitive Examination (LDCE).

4. The respondents issued notification dated 3.6.2014 for conducting LDCE for the year 2014 (Annexure A-3) and cut off date was mentioned as 1.1.2014 for calculating 5 years eligibility service and age.  Para 9 of the notice provides that the Competent Authority will ensure and certify that (i) No disciplinary action is pending or contemplated against the applicant (ii) no punishment is current against the applicant (iii) no adverse entry in the APAR/ACR in the last five years, before recommending the application of the official for appearing in LDCE.  An Addendum was also issued on 5.6.2014 (Annexure A-4).  Since the applicant considered himself eligible for appearing in the LDCE, he submitted his application dated 26.6.2014 and also moved representation dated 12.7.2014 that he had applied for the I.P. Examination, 2014 but had not received OMR Form, hence he requested for issuance of the same (Annexure A-5, A-6).  Another representation in this regard dated 16.7.2014 was also filed but to no avail.  Hence this O.A.

5. In the grounds for relief the applicant has referred to the following:-

1. Govt. of India, Chief Secretary (Departmental Personnel) O.M. No.21/5/70-Ests.(A) dated 15.5.1971.

2.  Government of India, Chief Secretary, (Departmental Personnel) O.M. No.22011/6/75-Ests.(D) dated 30.12.1976.

He has claimed that these help the case of the applicant since there was nothing against the applicant that could be used to deny participation in the LDCE as penalty imposed on 1.7.2013 had come to an end on 30.9.2003 and ACRs of the applicant for the last 5 years i.e. up to 31.1.2013 are to be considered up to the mark. Thus he is eligible to participate in LDCE and is eligible to be considered for promotion as Inspector of Posts.

6. In the written statement filed on behalf of the respondents facts of the matter have not been disputed.  It has further been stated that as a result of disciplinary proceedings, the applicant was punished with withholding of next one increment for one year without cumulative effect vide Memo No.B-2/59/Ferozepur/10-11 dated 07.7.2011 (Annexure R-1).  The applicant challenged the punishment orders in the appeal, but could not find favour.  The Appellate Authority upheld the punishment order dated 07.7.2011 vide order dated 25.10.2011 (Annexure R-2).  The revision petition also came to be rejected vide order dated 24.10.2013 (Annexure R-3). In another instance, the applicant was again inflicted punishment of withholding of next one increment for three months without cumulative effect vide Memo No.D-3/Mail/ARR/FZR/11-12 dated 30.7.2012 (Annexure A-1) for refusing to book an article for a member of the public on the plea that article cannot be booked due to shortage of postage stamps.  He refused to book the article even after presentation of same with postage stamps.  Copy of the penalty order awarded was placed in the ACR/APAR of the applicant against relevant year, in accordance with Govt. of India, M.H.A. O.M. No38/12/59-Ests(A) dated 23.04.1960.  The applicant challenged the punishment orders in the appeal but the Appellate Authority upheld the punishment order dated 30.7.2012 vide Appellate order dated 28.01.2013 (Annexure R-5).  The revision petition also came to be rejected vide order dated 29.10.2013 (Annexure R-6).

 7. It has also been stated that the penalty imposed upon the applicant had not been set aside or modified by any of the higher authorities and therefore, adverse remarks recorded in APAR remained in operation.  The Postal Directorate, after reviewing the existing pattern and syllabus for LDCE for the category of Inspector Posts, revised the same vide letter No.7-14/2011-SPB-II dated 09.3.2011 (Annexure R-8).  It prescribes assessment of APAR/ACR for the last five years and the competent authority had to ensure and certify that no disciplinary action is pending or contemplated against the applicant; no punishment is current against the applicant and that there is no adverse entry in the APAR/ACR in the last five years, before recommending the applications for participation in LDCE.  In order to fill up the vacancies of Inspector of Posts (66.6% departmental quota) for the year 2014, Postal Directorate vide letter dated 03.2.2014 (Annexure A-3) notified for conducting LDCE-2014 scheduled to be held on 20 and 21.9.2014.  Para 9 of  this notification specified that the competent authority will ensure and certify the following before recommending the application of the aspirants for appearing in LDCE:-

i. No disciplinary action is pending or contemplated against the applicant

ii. No punishment is current against the applicant

iii. No adverse entry in the APAR/ACR in the last five years.

Nodal officers have to verify and ensure that the candidates covered by any of the above should not be permitted to participate in the LDCE even on provisional basis.  In view of the adverse entries in the APARs in the case of the applicant, the application of the applicant was not recommended.

8. In the rejoinder filed on behalf of the applicant it has been stated that since currency of punishment was to be considered therefore, right of the applicant to be considered for promotion cannot be denied hence he was entitled to appear in the LDCE.  The following judgments have been cited in this regard:

i. Kishorechand Chandawat vs. State & Ors. on 19 November, 2012 in the High Court of the judicature for the Rajasthan at Jodhpur order S.B. Civil Writ Petition N.8442/2008.

ii. Suraj Mal Soni versus State of Rajasthan decided on the April 16, 1992 in the High Court of the Rajasthan.

iii. Dr. S. Malarkanni M.B.B.S. vs. State of Tamil Nadu on 19 October, 2011.

iv. The Deputy Inspector General of . . . Vs. Rani on 27th April 2011.

v. Central Administrative Tribunal, Allahbad in case of Rafat Faizan Vs. Gokulprasad Maniklala Agarwal decided on 7 August, 2013.

vi. Delhi High Court in the case of Ved Prakash Gupta vs. Municipal Corporation of Delhi on 1 August, 1997.

9. Arguments advanced by learned counsel for the parties were heard when learned counsel for the applicant reiterated the content of the O.A. and rejoinder.  He further stated that as per the notification dated 01.2.2013 (Annexure A-2) Sorting Assistants along with persons from other categories could appear for the LDCE for promotion as Inspector of Posts. No conditionality had been imposed in this notification and hence para 9 of letter dated 03.6.2014 (Annexure A-3) issued regarding conducting of LDCE for promotion to the cadre of Inspector Posts was beyond the Rules. He pressed that administrative decisions/instructions could not override the provisions of statutory rules and hence the applicant was entitled to participate in the LDCE for consideration as Inspector of Posts.  Learned counsel also cited judgment dated 27.4.2011 of the Madras High Court in Deputy Inspector General of Police Vs. Rani in this regard and referred to para 28(1, 2, 3, 4 and 5) which reads as under:

Therefore, after analysis of the entire law on the subject, we answer the reference as follows:

1) During the period of currency of minor punishment, an employee cannot claim as a matter of right to be promoted to the next category merely on the basis that he is otherwise fit for promotion and to that extent, the finding of the Division Bench in Subramanian v. Government of Tamil Nadurep. by its Secretary, Chennai and others [2008 (5) MLJ 350] stands overruled. It is needless to state that after the currency of punishment period, the Government servant is entitled to be considered for promotion to the next post, if otherwise eligible.

2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3) The detailed instructions issued by the Government in G.O.Ms.No.368, Personnel and Administrative Reforms Department dated 18.10.1993 issued by the Chief Secretary to Government by order of the Governor, cannot be equated to the statutory rules framed under the proviso to Article 309 of the Constitution of India and it can utmost be administrative instructions issued under Article 162 of the Constitution of India. In any event, the said Government Order does not deal with the case of promotion of a Government servant during the currency of punishment.

4) The Government letter No.18824/S/2005-2, Personnel and Administrative Reforms (S) Department dated 7.10.2005 with annexures 1 to 7 and the letter No.248 (P&AR) Department dated 20.10.1997 are not statutory rules framed under proviso Article 309 of the Constitution of India and cannot be read either with the Tamil Nadu Government Servants Conduct Rules, 1973 or under the Tamil Nadu Civil Service (Disciplinary and Appeal) Rules.

5) Consequently, the embargo put on the right of Government servant for being considered for promotion for a further period, after the period of minor punishment is over, in the name of check period viz., one year in the case of censure and five years in the case other minor punishments is illegal and impermissible under the statutory rules.

               

10. Learned counsel for the respondents fairly submitted that Department of Posts (Inspector Posts) Recruitment Rules have been notified on 01.2.2013 but Para 9 of the letter dated 17.6.2013 (Annexure R-9) was not supported by any entry in the Rules.  Para 9 had been included on account of administrative instructions dated 09.3.2011.

11. We have given our thoughtful consideration to the matter.  It appears from the material on record that the application of the applicant for appearing in the LDCE for Inspector of Posts was rejected on the ground that his APARs were not satisfactory. This provision that was included in the letter dated 03.6.2013 notifying conduct of LDCE is not supported by any entry in the Department of Posts (Inspector Posts) Recruitment Rules, 2013.  Since it is settled law that administrative decisions/instructions cannot override provisions of statutory rules, the O.A. is allowed and the respondents are directed to treat the applicant as eligible for appearing in the LDCE notified on 03.6.2014.

 12. The O.A. is disposed of with these directions.  No costs.

(RAJWANT SANDHU)                                        (SANJEEV KAUSHIK)

MEMBER (A)                                                         MEMBER (J)

                         

Place: Chandigarh.
Dated:  30.01.2015 

Circle Working Committee Meeting ........ Karnataka Circle

CWC Meeting of Karnataka Branch was held at Hotel Ustav, K. S. Rao Road, Near Laxmi Gold Palace, Mangalore 575001 on 25/9/2015. 

L to R : Shri Manjunath Hubballi CS, Shri Navin Chander President, Shri M. Jagdish Pai SSP Mangalore (Chief Guest) and Shri Joseph Rodriges addressing to audience

Shri Navin Chander President lighting the lamp in picture CS and Chief Guest are seen

CWC  Members