Thursday, August 30, 2012


RESERVATION FOR SC/ST EMPLOYEES IN PROMOTIONS – GOVERNMENT POSTPONED THE AMENDMENT BILL WHICH WAS TO BE TABLED ON 22ND AUGUST 2012

In view of Supreme Court’s decision against following reservation policy for Promotion in employment, Government is cautious now and postponed its plan to bring an amendment bill to provide Constitutional Validity to Reservation in Promotions for SC and ST Employees.
An All party meeting was conducted by Prime Minister Shri. Manmohan Singh in this connection. Prime Minister said in the meeting that the Government is in favour of allowing reservation for Promotion and that Government would review the bill again for examining the legal aspects before bringing the amendment bill again.
The leaders of other parties have also adviced that before this bill is tabled it has to be examined properly so that the enacted bill is legally valid in all aspects.
Earlier, in the month of April 2012, Apex Court had decided against the Uttar Pradesh Government’s order to follow reservation policy for SC and ST employees in Government posts.
Source: Zee News


KVS PROPOSES 5 DAYS A WEEK WORK PATTERN FOR KV SCHOOLS

Now, Children studying in Kendriya Vidyalaya have reasons to rejoice as Kendriya Vidyalaya Sangethan is deliberating to implement 5 days a week working Schedule for all KVs situated in India. Incidentally, Kendriya Vidyalayas Situated outside India such as Iran, Moscow, Katmandu are working only five days a week only.
It is reported that reason behind the proposal to follow 5 days a week work schedule is to allow Students to “pursue self-learning” and follow their passion and indulge in non-academic activities. Five-day week would give “space” to children who, for years, merely get an off on Sundays besides the second Saturday of the month. “Keeping them bound to the school routine six days a week is detrimental to their natural growth of talent in various fields,”
Source: Times of India




FREQUENTLY ASKED QUESTIONS (FAQS) ON MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS)
Department of Personnel & Training
Establishment D Section
Doubts
Clarification
Whether the benefits of ACPS would be allowed in respect of isolated cases due between 01.01.2006 and 31.08.2008 where the pre-revised pay scales of Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 & Rs.7450-11500 have been merged into single grade pay of Rs.4200 and Rs.4600 respectively w.e.f. 01.01.2006?
Yes. Since the pre-revised Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 & Rs.7450-11500 (isolated cases) have been merged into single grade pay of Rs.4200 and Rs.4600 respectively w.e.f. 01.01.2006, the benefits of 1st and 2nd financial upgradations under the ACPS should be considered/allowed in the grade pays of Rs.4600 and Rs.4800 in PB-2, as the case may be, due between 01.01.2006 and 31.08.2008 in respect of isolated cases in terms of para 5 of Annexure-I of MACPS dated 19.05.2009.
In a hypothetical situation cadre hierarchy was as follows:
Rs.5000-8000 (revised GP 4200)
Rs.5500-9000 (revised GP 4200)
Rs.6500-10500 (revised GP 4600)
Rs.7450-11500 (revised GP 4600)
Rs.10000-15200 (revised GP 6600)
(i) What would be the 1 st financial upgradation under the ACPS for a Government employee recruited in pre-revised pay scale of Rs.5000- 8000, who has completed his 12 years of regular service on 12.04.2007 (between 1.1.2006 and 31.8.2008);(ii) What would be 2nd financial upgradation for employee recruited in 5000-8000, who has completed 24 years of regular service on 12.04.2007 (between 1.1.2006 and 31.8.2008)
In terms of clarification given on point of doubt no.3 issued vide DOPT’s O.M. No.35034/3/2008-Estt.(D) dated 9.9.2010, the benefits of ACPS would be applicable in the new pay structure adopted w.e.f. 1.1.2006 in the promotional hierarchy.
(i): Since the pre-revised pay scales Rs.5000-8000 & Rs.5500-9000 have been merged and placed in PB-2 with grade pay of Rs.4200, 1st financial upgradation would be allowed in the grade pays of Rs.4600, subject to fulfillment of promotional norms as stipulated in condition no.6 of Annexure-I ACPS dated 9.8.1999, in terms of clarification given on point of doubt no.1 of ACPS dated 10.02.2000.Since the pre-revised pay scales Rs.6500- 10500 & Rs.7450-11500 have been merged and placed in PB-2 with grade pay of Rs.4600, 2nd financial upgradation would be allowed in the grade pay of Rs.6600, subject to fulfillment of promotional norms (after framing of RRs post merger) as stipulated in condition no.6 of Annexure-I ACPS dated 9.8.1999, in terms of clarification given on point of doubt no.1 of ACPS dated 10.02.2000.
(iii) If a Government servant recruited in the pre-revisedpay scale of Rs.5000-8000 has been promoted in the promotional hierarchy in the pre- revised pay scale of Rs.5500-9000 prior to 1.1.2006 (and he has put in 14 years of regular service)then would there be any claim for financial upgradation under ACPS.
(iii): The pre-revised pay scales Rs.5000-8000 & Rs.5500-9000 have been merged and placed in PB-2 with grade pays of Rs.4200 w.e.f. 1.1.2006. Hence, the promotion would be ignored as he has completed his 12 years of regular service and the benefit of 1 st ACP would accordingly be allowed in the promotional hierarchy i.e. in the grade pay of Rs.4600 w.e.f. 01.01.2006.
(iv) If the above Government servant had put in 22 years as on 31.08.2008, then what would be the entitlement in MACP.
(iv): As given above, the 1 st ACP would be in PB-2 grade pay of Rs.4600 after ignoring the previous promotion. Thereafter, since employee has completed more than 20 years of regular service on 01.09.2008, he would be entitled for 2nd financial upgradation under the MACPS in the immediate next higher grade pay of Rs.4800 in PB-2 subject to fulfillment of condition as stipulated in para 17 of Annexure-I of MACPS dated 19.05.2009.

CLARIFICATION ON THE ADMISSIBILITY OF HOUSE RENT ALLOWANCE (HRA) DURING THE CHILD CARE LEAVE (CCL) – REG.

No. 2(9)12012-E.II(B)
Government of India, Ministry of Finance
Department of Expenditure
New Delhi, 27th August 2012

OFFICE MEMORANDUM

Subject- Clarification on the admissibility of House Rent Allowance (HRA) during the Child Care Leave (CCL) – Reg.

The undersigned is directed to refer to Para 6(a)(i) of this Ministry’s O.M.No.2(37)-E.II(B)/64 dated 27.11.1965, as amended from time to time, on regulation of House Rent Allowance during Leave which stipulates that a Government servant is entitled to draw HRA…..during total leave of all kinds not exceeding 180 days and the first 180 days of the leave if the actual duration of leave exceeds that period, but does not  include terminal leave, ….. It has also been stipulated, there under, that drawal of the allowance (HRA) during the period of leave in excess of first 180 day availed of on grounds other than medical grounds mentioned in sub-para (ii), shall be subject to furnishing of the certificate prescribed in Para 8(d) of the O.M. ibid.

2. This Ministry has been receiving representations from the female employees that certain Central Government Ministries / Department / Establishments are not allowing HRA during the Child Care Leave (CCL), especially when taken in continuation of Maternity Leave of 180 days. The reason for their reluctance may be the fact that CCL has been first introduced on the recommendations of the 6th Central Pay Commission, though the Department of Personnel & Training (DoPT), vide their O.M .No 13018/1/2010-Estt.(Leave) dated 07.09.2010 inter-alia, reiterated that the leave (CCL) is to be treated like Earned Leave and sanctioned as such.

3. It is, therefore, clarified that the ‘total leave of all kinds’ as referred to in Para 6(a) of this Ministry’s OM dated 27.1.65 ibid, will include Child Care Leave for regulating grant of HRA during leave, subject to fulfilment of all other conditions stipulated there under, from time to time. It is also clarified that drawal of HRA during leave (including CCL) in excess of first 180 days, if otherwise admissible, shall be subject to furnishing of the certificate prescribed in Para 8(d).

4. These orders take effect from 01.09.2008. HRA during CCL, if not paid to women employees who are entitled to it as per this clarification, may be reconsidered, if so requested by the concerned employee.

5. Hindi version is also attached.

sd/-
(Anil Sharma)
Under Secretary to the Government of India


DOPT PUBLISHED SOME IMPORTANT INSTRUCTIONS AND STANDING ORDERS THROUGH AN ORDER REGARDING MACP SCHEME AS FAQ.

FREQUENTLY ASKED QUESTIONS (FAQs) ON MODIFIED ASSURED CAREER PROGRESSION SCHEME

1. What is Modified Assured Career Progression Scheme (MACPS) ?

The MACP Scheme for Central Civilian Government Employees is in supersession of earlier ACP Scheme. Under the MACP Scheme three financial Up-gradations are allowed on completion of 10,20,30 years of regular service, counted from the direct entry grade. The MACPS envisages merely placement in the immediate next higher grade pay as given in Section I, Part-A of the first schedule of the CCS (Revised Pay) Rules 2008, in case no promotion has been earned by the employee during this period.
2. From which date the MACPS is effective?
The MACPS is effective w.e.f. 01.09.2008 or on completion of 10, 20 & 30 years of continuous regular service, whichever is later. Financial upgradation will also be admissible whenever a person has spent 10 years continuously in the same grade pay. (Para 9 of OM dated 19/5/2009)
3. Who are entitled for financial under the MACPS?
The MACPS is applicable to all Central Government Civilian Employees.
4. What norms are required to be fulfilled while granting the benefits under MACPS?
The financial upgradation would be on non-functional basis subject to fitness in the hierarchy of pay band and grade pay within PB- 1. Thereafter, only the benchmark of ‘Good’ would be applicable till the grade pay of Rs.6600 In PB-3. The benchmark will be ‘Very Good’ for Financial upgradation to the grade pay of Rs.7600 and above. However, where the Financial upgradation under the MACPS also happen to be in the promotional grade and benchmark for promotion is lower than the benchmark for granting the benefits under MACPS as mentioned in para 17 of the Scheme, the benchmark for promotion shall apply to MACP also.
O.M.N0.5034/3/2008-Estt(D) dated 01/11/2010
5. Whether Pay Band would be changed at the time of grant of financial upgradation under MACPS?
Yes. OM.N0.35034/3/2008-Estt.(D) dated 09/09/2010
6. Whether the promotions in same grade would be counted for the purpose of MACPS?
The financial up-gradation under the MACPS is in the immediate next higher grade pay in the hierarchy of recommended revised pay bands and grade pay as given in CCS (Revised Pay) Rules, 2008. However if the promotional hierarchy as per recruitment rules is such that promotions are earned in the same grade pay, then the same shall be counted for the purpose of MACPS.
 
7. How will the benefits of ACP be granted if due between 01 .01.2006 and 31.08.2008?
The revised pay structure has been changed w.e.f. 01.01.2006 and the benefits of ACPS have been allowed till 31.08.2008. Hence, the benefits of revised pay structure would be allowed for the purpose of ACPS.
(OM No.35034/3/2008-Estt. dated 9.9.2010)
8. Whether adhoc appointment would be counted towards qualifying service for MACPS?
No. Only continuous regular service is counted towards qualifying service for the purpose of MACPS. The regular service shall commence from the date of joining of a post in direct entry grade on a regular basis. (Para 9 of the MACPS)
 
9. Whether State Government service shall be reckoned for the purpose of MACPS?
No. Only regular service rendered in the Central Government’s Department/Office is to be counted for the purpose of MACPS, as the Scheme is applicable to the Central Government Civilian Employees only. ( MACPS , Para 10)
10. What are the periods included in the regular service?
All period spent on deputation/foreign service, study leave and all other kind of leave, duly sanctioned by the competent authority shall be included in the regular service. (Para 11. MACPS)
11. How is the MACPS to be extended to the employees of Autonomous and Statutory Bodies?
Procedure prescribed in OM No.35034/3/2010- Estt(D),Dated 03/08/2010 would be followed by the administrative Ministries/Departments concerned for extension of the MACPS to the employees of Autonomous and Statutory Bodies under their control.
12. Whether the cases of grant of financial upgradation allowed under the ACPS between 01.09.2008 and 19.05.2009, the date of issue of the Scheme are be reviewed?
Yes. Since the benefits of ACPS have been discontinued w.e.f. 01.09.2008, the cases settled between 01.09.2008 and 19.05.2009, in terms of previous ACP Scheme shall be reviewed.
13. Whether the past continuous regular service in another Govt. Deptt. in a post carrying same grade pay prior to regular appointment in a new Deptt. without a break shall be counted towards qualifying regular service for the purpose of MACPS?
Yes. ( Para 9, MACPS)
14. Upto what grade pay the benefits under the / MACPS is allowed?
The benefits of MACPS are being up-to HAG scale of Rs. 67000 – 79000/- (DOPT’s O.M.No.35034/3/2008-Estt.(D) dated 24.12.2010)
15. How the cases of pre-revised pay scales (Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 & Rs.7450-11500) merged w.e.f. 01.01.2006 are to be decided under MACPS?
The cases would be regulated in accordance with para 5 of Annexure-I of MACPS. The Ministries/Departments are expected to re-organise cadres and frame common RRs for the post in merged scales.
16. Whether ‘Non-functional Scale’ of Rs.8000-13500 (revised to grade pay of Rs.5400 in PB-3) would be viewed as one financial upgradation for the purpose of MACPS?
Yes, in terms of para 8.1 of Annexure-I 01 MACPS dated 19.05.2009.
17. Whether time bound promotion’ scheme including ‘in-situ promotion’ scheme can run concurrently with MACPS?
No. ( Para 13 of MACPS)
18. Whether Staff Car Drive Scheme can run concurrently with MACPS?
DOPT vide O.M.No.35011/03/2008-Estt.(D),30/07/2010 has extended the benefits of MACPS to Staff Car Drivers as a fall back option
19. Whether the placement of erstwhile Gr. D employees as Staff Car Driver, ordinary grade would count as a promotion?
No. The model RRs for Staff Car Drivers provide deputation/absorption as a method of appointment for erstwhile Gr. D employees . The placement as staff Car Driver is not in the hierarchy hence the same would not be counted as promotion under MACPS. The regular service for the MACPS would be from the date of appointment as Staff Car Driver.
20. Whether designation classification or higher status would change on account of financial upgradation under MACPS?
There shall be no change in the designation classification or higher status on grant of financial upgradation under MACPS, as the upgradation under the Scheme is purely personal and merely placement in the nexl higher grade pay. (Para 16 of Annexure-l of MACPS refers)
21. If a financial upgradation under the MACPS is deferred due to the reason of the employees being ‘unfit’ or due to departmental proceedings, etc, whether this would have consequential effect on the subsequent financial upgradation?
Yes, this would have consequential effect on the subsequent financial upgradation, which would also get deferred to the extent of delay in grant of financial upgradation. ( MACPS, Para 15)
22. Whether the stepping up of pay would be admissible if a junior is getting more pay than the senior on account of grant of financial upgradation under MACPS?
No stepping up of pay in the band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACPS. Para 10 of OM dated 19/5/2009
 
23. Whether the regular service rendered by an employee if declared surplus in his/her organisation and appointed in the same grade pay or lower grade pay shall be counted towards the regular service in a new organization for the purpose of MACPS?
Yes. (refer para 23 of Annexure-l of MACPS)
24. In case of transfer including unilateral transfer own request, whether regular service rendered in previous organisation/office shall be counted alongwith the regular service in the new organization for the purpose of MACPS?
Yes. OM No.35034/3/2008-Estt(D) dated 01/11/2010
25. If a regular promotion has been offered but was refused by the employees before becoming entitled to a financial upgradation under the MACPS, whether financial upgradation shall be allowed to such a Government servant?
If a regular promotion has been offered but was refused by the Government employee before becoming entitled to a financial upgradation, no financial upgradation shall be allowed and as such an employee has not been stagnated due to lack of opportunities. If, however, financial upgradation has been allowed due to stagnation and the employees subsequently refuse the promotion, it shall not be a ground to withdraw the financial upgradation. He shall, however, not be eligible to be considered for further financial upgradation till he agrees to be considered for promotion again and the next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal.( Para 25 of MACPS)

Source: www.persmin.nic.in


CENTRAL ADMINISTRATIVE TRIBUNAL FREQUENTLY ASKED QUESTIONS

DOPT has published a compilation of Frequently Asked Questions(FAQ) regarding functioning of Central Administrative Tribunal
Ans. To provide in-expensive and speedy relief to Central Government Employees in respect of their grievances related to service matters.
Ans. CAT adjudicates disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities within the territory of India or under the control of Government of India and for matters connected therewith or incidental thereto.
Ans. (1) A person shall not be qualified for appointment as the Chairman unless he it, or has been, a Judge of a High Court: Provided that a person appointed as Vice-Chairman before the commencement of this Act shall be qualified for appointment as Chairman if such person has held the office of the Vice-Chairman at least for a period of two years.
(2) A person shall not be qualified for appointment,-
(a)       as an Administrative Member, unless he has held for at least two years the post of Secretary to the Government of India or any other post under the Central or State government and carrying the scale of pay which is not less than that of a Secretary to the Government of India for at least two years or held a post of Additional Secretary to the Government of India for at least five years or any other post under the Central or State Government carrying the scale of pay .which is not less than that of Additional Secretary to the Government of India at least for a period of five years.
Provided that the officers belonging to All India Services who were or are on Central deputation to a lower post shall be deemed to have held the post of Secretary or Additional Secretary, as the case may be, from the date such officers were granted proforma promotion or actual promotion whichever is earlier to the level of Secretary or Additional Secretary, as the case may be, and the period spent on Central deputation after such date shall count for qualifying service for the purpose of this clause;
(b)       as a Judicial Member, unless he is or qualified to be a Judge of a High Court or he has for at least two years held the post of a Secretary to the Government of India in the Department of Legal Affairs or the Legislative Department including Member-Secretary, Law Commission of India or held a post of Additional secretary to the Government of India in the Department of Legal Affairs and Legislative Department at least for a period of five years.
Ans.    There are 17 Benches of the Tribunal, located throughout the country wherever the seat of a High Court is located, with 33 pision Benches. In addition, circuit sittings are held at Nagpur, Goa, Aurangabad, Jammu, Shimla, Indore, Gwalior, Bilaspur, Ranch’, Pondicherry, Gangtok, Port Blair, Shillong, Agartala, Kohima, Imphal, Itanagar, Aizwal and Nainital.
Ans.     As per Section 21 of the Administrative Tribunal Act, 1985 :- (1) A Tribunal shall not admit an application,-
(a)       In a case where a final order such as is mentioned in clause (a) of sub- (2) of section 20 has been made in connection with the grievance unless the application is made, within one year from the date on which such final order has been made;
(b)       In a case where an appeal or representation such as is mentioned in clause (6) of sub-section (2) of section 20 has been made and a period of six months had expired thereafter without such final order having been made within one year from the date of expiry of the said period of six months.
(2)       Notwithstanding anything contained in sub-section (1), where —
(a)       the grievance in respect of which an application. is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the Tribunal becomes exercisable under this Act in respect of the mater to which such order relates; and
(b)       no proceedings for the redressal of such grievance had been commenced before the said date before any High Court, the application shall be entertained by the Tribunal if it is made within the period referred to in clause (a), or, as the case may be, clause (b). of sub section (1) or within a period of six months from the said date, whichever period expires later.
3.         Notwithstanding anything contained in sub-section (1) or sub-section (2), an application may be admitted after the period of one year specified in clause (a) or clause (b) of sub-section (1) or, as the case may be, the period of six months specified in sub-section (2), if the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period.
Source: DOPT