Thursday, November 1, 2012

DG Posts No. 100-13/2012-Pen. Dated 11-10-2012

Subject: Follow-up Action on the proceedings of 21st Meeting of Standing Committee of Voluntary Agencies (SCOVA) held on 27.9.2012 – Circular for giving effect to the OM of DoP&PW posted in the Pensioners Portal Website for enhancement of Dearness relief for Pensioners / Family Pensioners – regarding.

The undersigned is directed to convey the decision of the Competent Authority that the OM of Department of Pension & PW posted in the Pensioners Portal for enhancement of Dearness Relief from time to time for Pensioners /Family Pensioners, may be given effect to by all the authorities concerned in the Department of posts, without waiting for any separate Circular of this Directorate for the purpose.

2.         All the Heads of the Circles etc. may issue suitable instructions to all the Offices under their respective jurisdiction to ensure compliance in this regard.

(P. Ahilan)

Dg Posts No. 14-1/2012-PAP dated 18-10-2012

Subject: Losses being suffered by the Department due to negligence of individuals instructions regarding

This is regarding losses being suffered by the Department on account of lack of awareness of rules and instructions / negligence’s on the part of individual’s officials in various matters.

2.         A number of cases have come to the notice of this Directorate where the department has been put to huge losses due to lack of awareness and / negligence on the part of individual officers/officials. Negligence on the part of individual officers/officials is not only causing financial losses to the Department, but also leading to grievances, litigation and embarrassment to the department by inviting untoward remarks from the nodal ministries/departments/courts.  A few examples of such type of cases seen in the recent past are given hereunder:

(i).        In one case, the duty hours of GDS delivery establishment were calculated on the basis of norms fixed for ‘foot beats’ instead of ‘cycle beats’ without going into details of the relevant instructions carefully. This resulted in calculation of more than justified work hours and thereby fixation of higher TRCA of the GDS concerned. By the time the mistake was noticed and corrected, overpayments to the tune of Rs 10.20 lakh had already been made. On receipt of the orders effecting recoveries of the overpaid amount, the GDS concerned approached Hon’ble CAT, which ordered that the recoveries be immediately stopped and amounts already recovered be refunded to the GDS concerned, since the error was not on the part of the GDS. The Department could not find relief upto Supreme Court and had to implement the Order of the CAT.

(ii)        In another case,  while implementing the recommendations of the 5th Central Pay Commission wef 1.1.1996, and up gradation of the pay scale of postmen w.e.f. 1.10.1997,the pay of a number of postmen in several cases was fixed allowing two advance increments at each time of fixation, thereby causing heavy losses to the Exchequer. Here also, the Government could not find relief upto the Apex Court for the same reason that the mistake had been committed by the Department not by the Government servants concerned. The loss could not be recovered.

(iii)       Due to strong interpretation of the extant instructions a Hindi Translator (Group ‘C’ official) was allowed to avail LTC to North-Eastern Region by air from her headquarter itself, by tre ating her as ‘Group ‘B’ employee. She was allowed LTC advance accordingly. Before passing the bill, the matter was brought to the notice of this Directorate, at which stage the position was clarified. The affected official approached CAT and the matter is still under litigation.

(iv)       A particular field unit started payment of Transport Allowance at higher rates than those admissible to its staff for no apparent reasons and without any instructions/ orders on the subject. This caused huge financial loss to the Department. The matter was brought to the notice of the Directorate by the DA(P) concerned, whereupon the position  was clarified and the unit was ordered to make payments of the Transport Allowance to its staff at the applicable rates. The affected  employee  went to CAT, the orders have been stayed and the matter is still under litigation.

3.         The above few examples are illustrative in nature. There are many more such cases in which had the officials concerned gone through orders carefully, the instances of loss to the Exchequer could have been avoided. Such negligence on the part of the Department and its employees does also not find favour with Courts. As such, the department has lost a number of cases where the Courts have ruled in favour of the individuals on the grounds that they were not at fault for overpayments etc.  

4.         It is therefore, enjoyed upon all concerned to ensure that the officers / officials posted to perform various functions are well aware of rules and instructions pertaining to the subject and that they should perform their duties with due diligence. Negligence on the part of the employees should be viewed seriously. Responsibility for the lapses should invariably be fixed and the amount of losses recovered from the employees at fault.

5.         These instructions may please be brought to the notice of all concerned.

(Alok Saxena)