Court orders against Government of India instructions on service matters – Dopt orders on 16.3.2016

Court orders against Government of India instructions on service matters – Dopt orders on 16.3.2016

Court orders against Government of India instructions on service matters-consultation with Ministry of Law and Department of Personnel and Training on question of filing appeals.

F.No.28027/1/2016-Estt.A-III

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

Establishment Division

North Block, New Delhi-110001

Dated: 16th March, 2016

OFFICE MEMORANDUM

Subject: Court orders against Government of India instructions on service matters-consultation with Ministry of Law and Department of Personnel and Training on question of filing appeals.

The undersigned is directed to refer to this Department’s O.M.No.28027/9/99- Estt.(A) dated 1st May, 2000 on the above subject ( copy enclosed) and to say that the Department of Personnel and Training is the nodal Department that formulates policies on service matters and issues instructions from time to time. These instructions are to be followed by the Ministries/ Departments of the Central Government scrupulously. All the Court cases filed by employees have to be defended on the basis of the facts available with the Administrative Ministry/Department concerned, keeping in view the instructions issued on the subject by this Department.

2. Reference is also invited to the Cabinet Secretariat’s D.0 letter No. 6/1/1/94-Cab dated 25.02.1994 and the Department of Expenditure’s O.M. No. 7(8)/2012-E-II(A) dated 16.05.2012 inter-alia provide that (i) a common counter reply should be filed before a Court of Law on behalf of the Union of India by the concerned administrative Department/ Ministry where the petitioner is serving or has last served; and (ii) a unified stand should be adopted instead of bringing out each Department’s/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.

3. However, it is noticed that the Ministries/Departments are making several references to this Department seeking interpretation of the guidelines without exercising due diligence. The Ministries/Departments are advised not to make any references to this Department unless there are difficulties relating to interpretation/application of these guidelines or any relaxation in Rules/instructions is warranted to mitigate a genuine hardship faced the Government servant. While seeking advice of this Department, instructions contained in this Department’s O.M. number 43011/9/2014-Estt (D) dated 28.10.2015 may be followed.

4. The court cases may be further handled in the following manner:-

Court orders against Government of India instructions on service matters-consultation with Ministry of Law and DoP&T on the question of filing appeals, before implementation of Court’s orders

Authority: www.persmin.gov.in

Election Holidays 2016 – Grant of Paid Holiday for Central Government Employees

Election Holidays 2016 – Grant of Paid Holiday for CG Employees : Bye Election to the State Legislative Assemblies of Uttar Pradesh, Madhya Pradesh, Karnataka, Bihar, Telangana, Maharashtra, Punjab and Tripura — Grant of Paid holiday – regarding

F. No.12/3/2016-JCA 2

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel & Training)

Establishment (JCA-2) Section

North Block, New Delhi

Dated February 10, 2016

OFFICE MEMORANDUM

Subject: Bye Election to the State Legislative Assemblies of Uttar Pradesh, Madhya Pradesh, Karnataka, Bihar, Telangana, Maharashtra, Punjab and Tripura — Grant of Paid holiday – regarding

The undersigned is directed to say that in connection with the Bye Election to the State Legislative Assemblies of Uttar Pradesh, Madhya Pradesh, Karnataka, Bihar, Telangana, Maharashtra, Punjab and Tripura, scheduled to be held in February, 2016, the following guidelines, already issued by this Department vide Office Memorandum No. 12/14/99-JCA dated 10.10.2001, have to be followed inrespect of the Central Government Offices, including Industrial Establishments in the States : –

In connection with bye-election to State Assembly, only such of the employees who are bona-fide voters in the relevant constituency should be granted special casual leave on the day of polling. Special Casual leave may also be granted to an employee, who is ordinarily a resident of constituency and registered as a voter, but employed in any Central Government Organization/ Industrial

Establishment located outside the constituency having the bye-election.

2. The above instructions may please be brought to the notice of all concerned.

sd/-

(Raju Saraswat)

To Under Secretary

Source: www.persmin.gov.in

ELECTION HOLIDAYS 2016 DOPT ORDERS

“Anubhav”- showcasing outstanding work done during service – submission of details by the retiring employees regarding

“Anubhav”- showcasing outstanding work done during service – submission of details by the retiring employees regarding

F.No. 21/13/2015.CS.I (P)

Government of India

Ministry of Personnel, Public Grievances & pensions

(Department of personnel & Training)

Lok Nayak Bhawan, New Delhi

Dated 01st February, 2016

Office Memorandum

Subject: – “Anubhav”- showcasing outstanding work done during service – submission of details by the retiring employees regarding.

The undersigned is directed to refer to this Department’s O.M. of even number dated November, 2015, December, 2015 and January, 2016 on the subject mentioned above and to state that the write-ups in respect of the CSS/CSSS officers, as in Annexure-I, are yet to be accepted/published on the “Anubhav Portal”.

2. HoO and HoD of the Ministries/Departments concerned are requested to kindly scrutinize the pending write-ups for acceptance/publication at the earliest.

3. All Ministries/Department are also requested to impress upon CSS/CSSS officers retiring within a period of six months to submit a write-up providing details of their work that has contributed to the efficiency, economy and effectiveness of Government functioning or/and any innovation which led to improved work culture or any other contribution considered significant. Link to Anubhav Portal is available in the Home page of this Department’s website at persmin.nic.in -> DOP&T -> Anubhav.

sd/-

(Srinivasaragavan)

Under Secretary to the Government of India

Authority: www.persmin.gov.in

Immovable Property Return the year 2015 (as on 31.12.2015) -DOPT

Immovable Property Return the year 2015 (as on 31.12.2015) – Dopt Instructions

No. 26/2/2015-CS.I (PR)

Government of India

Ministry of Personnel, Public Grievances and Pensions,

Department of Personnel & Training

2nd Floor, Lok Navak Bhawan,

Khan Market, New Delhi,

Dated 27th January. 2016

OFFICE MEMORANDUM

Subject: Immovable Property Return the year 2015 (as on 31.12.2015)

The undersigned is directed to refer to this Departrnent’s Office Memorandums of even number dated 21.12.2015 and 18.01.2016 on the subject cited above (available at persmin.nic.in -> DOPT -> Central Secretairat -> CSS -> Property Return).

2. A large number of CSS Officers have not yet submitted the Immovable  Properly Retun for the year 2015 on 31.12.2015). As already informed,  IPR should be submitted by all CSS officers through the Web Based Cadre Management System which is hosted at cscms.nic.in. However, as large number of officers are accessing the system, it has become slow making it diflicult to submit the return online. As the system is web based, officers may try filing IPR beyond office hours when the system is less congested. If it is still not possible to file the return online for any reason, they should file the return in paper format to their offices by the stipulated date i.e. 31.01.2016. They may subsequently file the same through cscms.nic.in.

sd/-

(V.Srinivasaragavan)

Under Secretary to the Government of India

Authority: www.persmin.gov.in

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Notifying of Recruitment Rules within ten weeks time period after the same are approved by the UPSC – Dopt Orders 2016

Notifying of Recruitment Rules within ten weeks time period after the same are approved by the UPSC – Dopt Orders 2016

No. AB.14017/61/2008-Estt. (RR)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

New Delhi

Dated: the 27th January, 2016

OFFICE MEMORANDUM

Subject:- Notifying of Recruitment Rules within ten weeks time period after the same are approved by the Union Public Service Commission – regarding.

Attention is invited to Para No. 5.2 of this Department’s O.M. No.AB.14017/48/2010-Estt.(RR) dated 31 stDecember, 2010 on framing/amendment/relaxation of Recruitment Rules wherein it has been stipulated that the Recruitment Rules or amendment(s) thereto as finally approved by the Union Public Service Commission are required to be notified within a period of 10 weeks from the date of receipt of their advice letter. This time limit should be strictly adhered to.

2. The Commission has, however, brought to the notice of this Department that even after the lapse of 10 weeks time, the Recruitment Rules pertaining to a number of posts which were advised upon by the Commission are yet to be notified.

3. Ministries/Departments are, therefore, requested to initiate action for notifying the Recruitment Rules as soon as the same are approved by the Commission so that the prescribed time limit of 10 weeks is adhered to.

sd/-

(Gayatri Mishra)

Director (E-1)

Authority : www.persmin.gov.in

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Admissibility of Travelling Allowance (TA) and other expenditure incurred while on training by the Government Servants on probation

Admissibility of Travelling Allowance (TA) and other expenditure incurred while on training by the Government Servants on probation

No.T-25014/1/2016-TRG(ISTM Section)

Government of India

Ministry Of Personnel, Public Grievances and Pensions

Department of Personnel and Training

(Training Division)

Old JNU Campus, Block IV,

New Mehrauli Road, New Delhi – 110 067

Dated: 21st January, 2016

OFFICE MEMORANDUM

Subject: Admissibility of Travelling Allowance (TA) and other expenditure incurred while on training by the Government Servants on probation.

Institute of Secretariat Training and Management (ISTM) is conducting Foundation Training Course of newly recruited Assistant Section Officers (DR) and Stenographers (DR). ISTM has received number of references from various Ministries and Departments, requesting for clarification, whether the expenditure incurred by trainee Assistants, now re-designated as Assistant Section Officers, for their boarding, lodging etc. while undergoing Foundation Training, under the aegis of ISTM can be reimbursed to them. Representations have also been received from Assistant Section Officers, through their administrative Ministries in this regard.

2. The matter has been examined in consultation with the IFD(MHA) with reference to the Supplementary Rules 164 and instructions issued by the Government from time to time under the aforesaid Rules, which govern claims of Travelling Allowances while on training by probationers. The rule position is clarified as under:-

(i) No Travelling Allowance may be allowed for the onward journey for joining the training institute;

(ii) No Travelling Allowance may be allowed to the probationers while they are taken for outstation for training activity;

(iii) Probationers have to pay boarding /lodging /transport charges, if any, from their pocket.

(iv) No daily allowance may be admissible.

(v) One side TA may be allowed to the participants while reporting for duty in the allocated Ministry/Department on completion of the Training Programme from an outstation Institute, which are located at Hyderabad, Kolkata, Chandigarh, Shimla and Jaipur, where such training is being conducted by ISTM at present, or any other State Training Institute, which may be identified later, outside NCR.

3. All Ministries/Departments of Government of India are, therefore, advised to decide the claims made by Assistant Section Offices in respect of reimbursement of expenditure by them for boarding/lodging and other transport charges during the period of their Foundation Training conducted by ISTM, in accordance with the provisions contained at para (2) of this O.M. In case, any reimbursement has already been made, the same may be recovered immediately.

4. This issues with the concurrence with the IFD(MHA), vide their Dy. No. 299/Fin.II/15, dated 31.12.2015.

sd/-

(O.P.Chawla)

Under Secretary to the Government of India

Authority : www.persmin.gov.in

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Submission of Declaration of Immovable Property Returns by the Government servants

Central Civil Services (Conduct) Rules, 1964 - Submission of Declaration of Immovable Property Returns by the Government servants - regarding.

F. No. 11013/7/2014-Estt.A-III

Government of India

Ministry of Personnel, Public Grievance and Pensions

Department of Personnel & Training

Establishment Division

North Block, New Delhi - 110001

Dated 5th January, 2016

OFFICE MEMORANDUM

Subject: Central Civil Services (Conduct) Rules, 1964 - Submission of Declaration of Immovable Property Returns by the Government servants - regarding.

The undersigned is directed to refer to the Office Memorandum of even number dated the 26th October, 2015 on the above subject and to say that the Annual Property Returns required to be filed under the Central Civil Services (Conduct) Rules, 1964 for the year 2015 which is required to be filed by the 31st January, 2016, may be filed in the forms prescribed under the CCS (Conduct) Rules, 1964. It is reiterated that the returns are required to be filed by all the Government servants belonging to Group 'A', 'B', 'C' and erstwhile Group 'D', in terms of Rule 18(4) of the CCS (Conduct) Rules, 1964 which empowers the Government to require a Government servant to submit a statement of movable or immovable property as may be specified in the order.

(Mukesh Chaturvedi)

Director (Establishment)

Authority: www.persmin.gov.in

Dopt Orders - Posting of Government employees who have differently abled dependents

Posting of Government employees who have differently abled dependents – Dopt Orders on 5.1.2016

No.42011/3/2014-Estt.(Res)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

North Block, New Delhi,

dated the 05th January, 2016

OFFICE MEMORANDUM

Subject: Posting of Government employees who have differently abled dependents- reg.

The undersigned is directed to refer to this Department’s OM of even number dated 06.06.2014 and 17.11.2014 exempting a Government employee, who is also a care giver of disabled child, from the routine exercise of transfer/rotational transfer subject to the administrative constraints. The word ‘disabled’ includes (i) blindness or low vision (ii) hearing impairment (iii) locomotor disability or cerebral palsy (iv) leprosy cured (v) mental retardation (vi) mental illness (vii) multiple disabilities and (viii) autism.

2. The matter regarding the scope of ‘disabled’ has been examined in consultation with the Department of Empowerment of Persons with Disabilities. Considering the fact that the child suffering from “Thalassemia” and “Haemophilia” requires constant caregiver support and it would be imperative for the Government employees to take care of their child suffering from “Thalassemia” and “Haemophilia” on continuous basis, it has been decided to include “Thalassemia” and “Haemophilia” in the term of ‘disabled’ defined in Para 3 of the above mentioned OM dated o6.06.2014-

3. The term ‘disabled’ as defined herein and in OM dated 06.06.2014 and 17.11.2014 is applicable only as grounds for seeking exemption from routine transfer/rotational transfer of a Government employee who have disabled child.

4. All the Ministries/Departments are requested to bring these instructions to the notice of all concerned under their control.

Encl: As above.

(G. Srinivasan)

Deputy Secretary to the Government of India

Authority: www.persmin.gov.in

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