Showing posts with label ruling. Show all posts
Showing posts with label ruling. Show all posts
Monday, March 4, 2019
Thursday, February 28, 2019
Monday, February 25, 2019
GDS Conduct & Engagement Rules 2011 : No more required
Initially there were no separate
specific rules to regulate the Conduct and Discipline for GDS and their issues
were decided on the analogy of rules for Whole time employees.
Rules specifically for the GDS
were framed and published for the first time in DG P&T Circular No.3 dated
16.04.1935.
GDS were excluded from the,
application of CCS (CCA) Rules and consequently from the ambit of the term
‘Central Civil Service, Central Civil Post’ and ‘Government Servant’ defined in
the said classification rules vide SRO dated 28.02.1957.
Subsequently the said 1935
rules were repealed and P&T Extra Departmental Agents (Conduct&
Service) Rules, 1959 were framed in consultation with Ministry of Law in
replacement of the then existing rules as Statutory Rules.
At that time, a writ petition
No.527/1957 in the matter of V Subbarayalu was filed in Madras High Court which
held on 23.08.1960 that ED Agents need not be considered to be holders of civil
posts and thus they would not be entitled to Constitutional protection.
Similar judgement was
pronounced by Odisha High Court also on this subject. On the badis of these
judgements, the Ministry of Law felt that the Statutory rules were framed on
the badis of an erroneous conception about the nature of employment of ED
Agents and according to these judgements , they were to be treated as non –
holders of the civil post and, therefore , not within purview of Article
309& 311 of the Constitution of India.
Ministry of Law advised that
non-statutory rules should be framed by repealing the statutory rules.
Accordingly, non – statutory rules called ” P&T ED Agents (Conduct & Service)
Rules,1964″ were framed & made effective from 10.09.1964.
Then these rules modified as
GDS ( Conduct & Employment Rules), 2001.
Finally these rules modified
as GDS Conduct &Engagement Rules, 2011 which are un constitutional, illegal
and un natural.
So, we have to fight for the
abolition of these GDS Conduct & Engagement Rules,2011.
Thursday, February 14, 2019
Tuesday, February 5, 2019
Clarification on Reimbursement of rent to Government servants – Finmin Orders Dt.1.2.2019
Reimbursement of rent to Government servants during their temporary stay (upto a maximum period of six months) in State Bhavans/Guest Houses/Departmental Guest Houses run by Central Government/State Governments/Autonomous Organizations etc.
No.2/05/2018-E.II(B)
Government of India
Ministry of India
Department of Expenditure
North Block, New Delhi,
Dated, 01st February 2019
Office Memorandum
Subject: Reimbursement of rent to Government servants during their temporary stay (upto a maximum period of six months) in State Bhavans/Guest Houses/Departmental Guest Houses run by Central Government/State Governments/Autonomous Organizations etc.
Several references are being received in this Department seeking clarification regarding applicability of instructions contained in this Department’s O.M. No.2(25)/2004-E.II(B) dated 15.12.2011 to Central Government officials on their stay in State Bhavans/Guest Houses and also in cases where Central Government officials stay in Department Guest Houses.
2. The matter has been considered in this Department. In supersession of the instructions contained in aforesaid O.M. Dated 15.12.2011, it has been decided that the officials on their posting to the Centre and the Central Government Officials on their transfer/posting to a new station, necessitating changes of residence if they temporarily stay in State Bhavans/Guest Houses/Departmental Guest Houses run by Central Government / State Government/Autonomous Organizations etc., may be reimbursed the amount of rent paid subject to full-fillment of the following conditions:
(a) The official has applied for accommodation of his entitlement, but has not been alloted residential accommodation by the Government
(b) The concerned Guest House should be located at the place of posting of the official.
(c) The official must have stayed in State Bhavans/Guest Houses/Departmental Guest Houses run by Central Government / State Government/Autonomous Organizations etc.and submit rent receipt in support of payment of rent.
(d) Reimbursement of rent shall be admissible up to a maximum period of six months.
(e) No House Rent Allowance (HRA) shall be admissible during this period.
3. These orders shall be effective from the dated of issue.
4. In so far the persons serving in the India Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.
Hindi version is attached.
sd/-
(Nirmala Dev)
Deputy Secretary to the Government of India
Friday, January 25, 2019
Opportunity for revision of option to come over to revised pay structure: DoP Order
No.2-16/2017-PAP
Government Of India
Ministry Of Communications
Department Of Posts
(Establishment Division/PAP Section)
Dak Bhavan,Sansad Marg
New Delhi – 110 001
Dated: 28-12-2018
To
1. All chief Postmasters General/Postmasters General
2. Chief General Manager, BD Directorate/Parcel Directorates/PLI Directorate
3. Director, RAKNPA/GM CEPT/Directors of all PTCs.
4. Addl. Director General, Army Postal Service, R.K.Puram, New Delhi
5. All General Managers (Finance)/DAP/DDAP.
Subject: Central Civil Service (Revised Pay) Rules, 2016 – Opportunity for revision of option to come over to revised pay structure.
I am directed to forward herewith the copy of Ministry of Finance, Department of Expenditure O.M.No.4-13/17-IC/E.III.A dated 12th December,2018 on the subject cited above for kind information and further necessary action at your end.
(D.K.Tripathi)
Asstt. Director General (Estt.)
Grant of (notional) annual increment due on 1st July or 1st January after superannuation for calculating pensionary benefits- Regarding
No. 100-10/2018-Pension
Government of India
Ministry of Communications
Department of Posts
(Pension Section)
Dak Bhawan. Sansad Marg,
New Delhi 110 001.
10th January. 2019.
Office Memorandum
Sub: Grant of (notional) annual increment due on 1st July or 1st January after superannuation for calculating pensionary benefits- Regarding
The undersigned is directed to forward herewith a copy of representation dated 04-12-2018 along with its enclosures received from Shri R. Ganesan. Secretary. Department of Posts (Retd.) & President. India Posts’ Retired Officers’ Association (IPROA) requesting to consider grant of notional annual increment due on 1st July or 1st January after superannuation in case of officials retiring on 30th June or 31st December after completion crone full year service. for calculating pensionary benefits. The request has been made on the basis of an order dated 15-09-2017 passed by Hon’ble High Court of Judicature at Madras in Writ Petition No. 15732/2017 in the matter of Sltri P. Ayyumperumal. wherein the High Court had directed that the petitioner shall be given one notional increment for the period of one full year’s service from the date of his last increment till the date he retired 30th June. next year. for the purpose of pensionary benefits. The appeal preferred by UOI by way of filing SLP Civil Dy. No. 22283/2018 challenging the High Court order was dismissed by Hon’ble Supreme Court. vide order dated 23-07-20 I 8.
2. The issue raised in the representation does not come under the purview of Department of Post. Therefore, the representation Is being forwarded to the nodal Ministry (Department of Expenditure) for their consideration and appropriate action.
(Tarun Mittal)
Asstt. Director General (Pension)
Encl.: As above
Thursday, January 24, 2019
Implementation of the recommendations of Seventh Central Pay Commission -cash Handing and Treasury Allowance
To view the details of order, please CLICK HERE.
Sunday, February 18, 2018
Monday, January 29, 2018
Seventh Central pay Commission’s recommendations — revision of pay scales amendment of Service Rules/Recruitment Rules
F.No.AB-14017/13/2016-E.stt.(RR)
Government of India
Ministry Of Personnel, Public Grievances and Pensions
Department of personnel and Training
Estt.-RR Division
Government of India
Ministry Of Personnel, Public Grievances and Pensions
Department of personnel and Training
Estt.-RR Division
North Block, New Delhi
Dated: 29th January, 2018
Dated: 29th January, 2018
Office Memorandum
Sub: Seventh Central pay Commission’s
recommendations — revision of pay scales amendment of Service Rules/Recruitment
Rules
The
undersigned is directed to refer to this Department’s 0M of even number dated
August, 2016 on the subject mentioned wherein it was requested that as per the
CCS (Rcviscd pay) Rules, 2016 issued by Department of Expenditure vide
Notification dated 25th July, 2016, consequential amendment in the existing
Service Rules\Recruitment Rules shall be made by the by substituting the
existing Pay Band and Grade Pay by the new pay structure i.e. “LEVEL in the PAY
MATRIX” straightaway without making a reference to the Deportment of Personnel
and Training Public Service Commission (UPSC).
2.
Subsequently, this Department has held meetings in October/November, 2016 with
the administrative Ministries/Departments to review the progress in the
implementation of the O.M. An important suggestion made in the meetings with
respect to facilitating the process of consultation with the Legislative
Department for drafting notification for amendment of RRs in accordance with 0M
dated 9th August, 2016 and its Hindi translation so as to expedite the issue or
notification. In this regard, this Department in consultation with Legislative
Department prepared a model notification in English and Hindi for use of the
Administrative Ministries/Departments. The same was issued for the use Of
Ministries/Departments vide this Department’s 0M dated 18.01.2017.
3.
Further, DoP&T vide 0M of even number dated 16.02.2017 sought information
with regard to implementation of OM dated 09.08.2016. However, no significant
inputs on the issue were received from the despite repeated requests.
4.
In view of the above, a meeting under the Chairmanship of JS(E) with all
Ministries/Departments was held on 04.01.2018. The Ministries/Departments were
requested to furnish the details on the issue urgently so as to enable this
Department to furnish a status repot for information of PMO. The detail of the
data received from various Ministries/Departments as on 24.01.2018 has been
compiled and annexed. All Ministries/Departments are requested to scrutinize
the data pertaining to them as the annexure. In case some additions/corrections
are required, the same may be communicated to this Division before 09.02.2048.
In case no inputs are received, the data as indicated in annexure shall be
treated as final.
sd/-
(Shukdeo Sah)
Under Secretary to the Government of India
(Shukdeo Sah)
Under Secretary to the Government of India
Authority:
www.dopt.gov.in
Original Link: Click here
Download Link: Revision of pay scale dopt 29.1.2018
Original Link: Click here
Download Link: Revision of pay scale dopt 29.1.2018
Friday, January 19, 2018
Thursday, January 18, 2018
Central Civil Services (Leave) Second Amendment Rules, 2017.
To view the Gazette Notification, please CLICK HERE.
Sunday, January 14, 2018
Central Civil Services (Leave) Second Amendment Rules, 2017
MINISTRY OF PERSONNEL, PUBLIC
GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
(Department of Personnel and Training)
NOTIFICATION
New Delhi, the 1st January, 2018
G.S.R.08(E).-In
exercise of the powers conferred by the proviso to article 309 read with clause
(5) of article 148 of the Constitution and after consultation with the
Comptroller and Auditor-General of India in relation to the persons serving in
the Indian Audit and Accounts Department, the President hereby makes the
following rules further to amend the Central Civil Services (Leave) Rules,
1972, namely:-
1.
(1) These rules may be called the Central Civil Services (Leave) Second
Amendment Rules, 2017.-(2) They shall come into force on the dale of their
publication in the Official Gazette.
2.
In the Central Civil Services (Leave) Rules. 1972 (hereinafter referred to as
the said rules), in rule 54, in subrule (3), the words and subject to the other
conditions laid down in rule 57 being satisfied, draw study allowance in
respect thereof”‘ shall be omitted.
3.
In the said rules, in rule 56,-
(a)
in sub-rule (1) for the words "House Rent Allowanceand Study
Allowance as admissible in accordance with the provisions of Rules 57 to
60. the words and House Rent Allowance" shall be substituted.
(b)
in sub-rule (4), the words "as envisaged in sub-rule (2) of Rule 57,"
shall be omitted;
(c)
sub-rule (5), shall be omitted.
4.
In the said rules, rule 57, 58 and 59 shall be omitted.
5.
In the said rules, in rule 60, in sub-rule (2), the words "and the Study
Allowance" shall be omitted.
6.
In the said rules, in rule 63, in sub-rule (1), in clause (i), the words
"Study Allowance" shall he omitted.
[F.No.13023/1/2017-Estt.(L)]
GYANENDRA DEV TRIPATHI, Jt. Secy.
GYANENDRA DEV TRIPATHI, Jt. Secy.
Note
:
The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide number S.O.940 dated the 8th April, 1972 and have been subsequently amended as follows :
The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide number S.O.940 dated the 8th April, 1972 and have been subsequently amended as follows :
Source: DoPT
Monday, January 8, 2018
House Building Advance Rules(HBA) - 2017
To view Directorate memo No. 12-01/2018-PAP dated 5/1/2018, please CLICK HERE.
Tuesday, December 12, 2017
IMPORTANT SUPREME COURT JUDGEMENT – MACP SHOULD BE GIVEN EFFECT FROM 01-01-2016
To view the copy of judgement given in Civil Appeal Diary No. 3744 of 2016 dated 8/12/2017, please CLICK HERE.
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