PLB REVISION ORDERS OF MINISTRY OF FINANCE

N0.10, A-27012/ 01/ 2015-Estt. (AL) 

Government of India 

Ministry of Personn el, Public Grievances & Pension 

Department of Personnel & Training

 * * * 

New Delhi, dated 2 August, 2016.

 OFFICE MEMORANDUM 

Subject: Children Education Allowance (CEA) - Clarification

                           The undersigned is directed to refer to Department of Personnel & Training's O.M. No.12011/ 03/ 2008-Estt.(Allowance) dated 21 d September, 2008 and subsequent clarifications issued from time to time on the subject mentioned above and to say that E-Receipts produced by Central Govt. employees as a proof of payment of fee, etc., may be treated as original and hence may be allowed for claiming reimbursement of CEA.
                          2. This issues with the approval of Joint Secretary (Establishment).

                           3. Hindi version will follow.

(Mukul Ratra)

 Director 

To
1.All Ministries & Departments of the Government of India.
2. Office of the Comptroller & Auditor General of India/Controller General of Accounts.
3. Secretaries to UPSC/ Supreme Court of India/ Lok Sabha Secretariat/ Rajya Sabha Secretariat/Cabinet Secretariat/Central Vigilance Commission/Planning Commission.
4. President's Secretariat/ VicePresident's Secretariat/Prime Minister's Office.
5.All State Governments and Union Territories' Administration.
6.All Members of Staff Side of the National Council of JCM/Departmental Council.
7.Railway Board, New Delhi. ve NIC, Department of Personnel & Training with the request to upload the O.M. on the website

No.11/2/2016-JCA 

Government of India 

Ministry of Personnel, Public Grievances and pensions 

Department of Personnel & Training 

JCA Section 

 North Block, New Delhi Dated the 16th August, 2016 

OFFICE MEMORANDUM 

Subject: Setting up of Anomaly Committee to settle the Anomalies arising out of the implementation of the Seventh Pay Commission's recommendations. 

The undersigned is directed to say that it has been decided that Anomaly Committees should be set up, consisting of representatives of the Officials Side and the Staff Side to settle the anomalies arising out of the implementation of the 7th Pay Commission's recommendations, subject to the following conditions, namely:

 (1) Definition of Anomaly Anomaly will include the following cases: 

(a) where the Official Side and the Staff Side are of the opinion that any recommendation is in contravention of the principle or the policy enunciated by the Seventh Central Pay Commission itself without the Commission assigning any reason; and

 (b) where the maximum of the Level in the Pay Matrix corresponding to the applicable Grade Pay in the Pay Band under the pre-revised structure, as notified vide CCS (RP) Rules 2016, is less than the amount an employee is entitled to be fixed at, as per the formula for fixation of pay contained in the said Rules".

 (2) Composition: There will be two levels of Anomaly Committees, National and Departmental, consisting of representatives of the Official Side and the Staff Side of the National Council and the Departmental Council respectively.

(3) The Departmental Anomaly Committee may be chaired by the Additional Secretary (Admn.) or the Joint Secretary (Admn.), if there is no post of Additional Secretary (Admn.). Financial Adviser of the Ministry / Department shall be one of the Member of the Departmental Anomaly Committee.

(4) The National Anomaly Committee will deal with anomalies common to two or more Departments and in respect of common categories of employees. The Departmental Anomaly Committee will deal with anomalies pertaining exclusively to the Department concerned and having no repercussions on the employees of another Ministry / Department in the opinion of the Financial Adviser.

(5) The Anomaly Committee shall receive anomalies through Secretary, Staff Side of respective Council upto six months from the date of its constitution and it will finally dispose of all the anomalies within a period of one year from the date of its constitution. Any recommendations of the Anomaly Committee to resolve the anomaly shall be subject to the approval of the Government.

(6) Cases where there is a dispute about the definition of "anomaly" and those where there is a disagreement between the Staff Side and the Official Side on the anomaly will be referred to and "Arbitrator" to be appointed out of a panel of names proposed by the two sides. However, this arbitration will not be a part of the JCM Scheme.

(7) The Arbitrator so appointed shall consider the disputed cases arising in the Anomaly Committees at the National as well as Department level.

 (8) Orders regarding appointment of the Arbitrator and constitution of Anomaly Committee at National Level will be issued separately. 

All Ministries / Departments are accordingly requested to take urgent action to set up the Anomaly Committees for settlement of anomalies arising out of implementation of the 7th Pay Commission's recommendations, as stipulated above. 

Sd/-

 (G. Srinivasan) 

Deputy Secretary (JCA)

 To Secretaries of All Ministries / Departments of Govt. of India.
 1. Copy for information to : Secretary, Staff Side, National Council (JCM), 13- C, Ferozeshah Road, New Delhi — 110001. 
2Director, NIC for placing the order on website of DoPT. 

OUR UNION ALONG WITH ALL OTHER AFFILIATED UNIONS OF F.N.P.O. SERVED 2ND SEPTEMBER, 2016 ONE DAY STRIKE NOTICE TO THE DEPARTMENT ON 16.08.2016.  KINDLY TAKE NOTE OF IT AND PARTICIPATE IN THE GENERAL STRIKE AS CALLED FOR BY THE NATIONAL JOINT COUNCIL OF ACTION AND F.N.P.O. ON 2ND SEPTEMBER, 2016 WITH OUR SISTER UNIONS ENMASS

CAUTION NOTICE

THE DEPARTMENT HAS ISSUED ORDERS FOR OUTSOURCING DELIVERY OF HIGH VALUE MAILS LIKE REGISTERED POST, SPEED POSTS, COD PARCELS AND ALL OTHER PREMIUM PRODUCTS EXCEPT ORDINARY MAIL WHICH IS NOW BEING DELIVERED BY OUR FELLOW POSTMEN.  THE CHARGES AS FIXED BY THE DEPARTMENT WILL BE CREDITED TO THEIR ACCOUNT FROM THE REVENUE. THIS ACTION IS NOT INTENDED FOR THE BENEFIT OF THE EMPLOYEES EXISTING IN THE DEPARTMENT BUT FOR THE BENEFIT OF CORPORATE COMPANIES. IF WE DO NOT PROTEST, THE DEPARTMENT WILL DOWNSIZE THE PRESENT EMPLOYEE STRENGTH AND WE APPREHEND THE POSTAL CIVIL WING AS AN ISOLATED AND IGNORED SECTION IN THE DEPARTMENT  WILL GO TO A WIND UP VERY SOON IF WE ALLOW THE ABOVE ORDERS TO BE IMPLEMENTED.  IT IS THEREFORE REQUESTED THAT ALL CIVIL WING EMPLOYEES SHOULD PARTICIPATE IN THE GENERAL STRIKE ON 2ND SEPTEMBER, 2016 FOR OUR EXISTENCE IN THE SERVICE. 

GENERAL SECRETARY ADDRESSING THE CONFERENCE OF NUPE POSTMEN & GROUP-D (MTS)

7th CPC Promotion Option Calculation

All the central government employees are in busy with calculating which Option is beneficial to them in order to get full benefit from 7th CPC Revised pay .

Actually there is no dilemma for CG employees those who didn’t get any Promotion/MACP from 1st January to 1st July 2016. There are some cases in this category that choosing Option to revise Pay from Date of Next Increment gives more benefit than opting 1.1.2016 to revise 7th CPC Pay .

The government servants those who got Promotion / MACP in the Period from 2nd January to 1st July are finding it difficult to decide which Option is correct and More beneficial to them. No body in the administrative Department ready to guide the right way to the Government servants since there is no clarity in 7th CPC in respect of Revising/Fixing pay on Promotion Date. But It was clearly illustrated in Sixth CPC.

Let us workout the Pay Fixation in different Options to revise pay in 7th CPC to understand which Option is Beneficial in Longer run.

Let us take an example,

Assume a government servant has been promoted to Next Grade to 2800 on any date between 2nd January 2016 to 1st July 2016. Let us take 1st march 2016 was his date of Promotion.

His existing pay as on 1.1.2016 = Band Pay of 9100 + Grade pay of 2400 = 11500

If He Choose Option -I to revise his Pay from 1.1.2016

If He Choose Option -II

a) Pay revision on Increment Date

b) Fixation for Option to revise Pay on Promotion Date need to be Clarified by Government

Since there is no Grade pay involved in 7th CPC, Adding Grade Pay difference on Promotion date is not applicable in 7th Pay Commission for this category.

Which Option is More beneficial ..?

From the above calculation, it shows that Selecting Option -II to revise Pay with effect from Date of Next Increment i.e 1st July 2016 is more beneficial than Option-I.

It may differ to individual to individual based on Grade Pay and no of increments earned in that Particular Grade.

The Impact of Selecting Option -II in the above case

a. Pay revision come into force with effect from 1st July 2016,

b. You have to travel in Sixth CPC Pay up to 30th June 2016

c. So There will be no arrears for the Period from January 2016 to June 2016
Source: http://7thpaycommissionnews.in/ 

F. No 38/37/2016 – P&PW(A) (i)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Pension & Pensioners’ Welfare

Lok Nayak Bhawan, New Delhi-110003

Dated the 4th August, 2016

OFFICE MEMORANDUM

Sub: Implementation of Government’s decision on the recommendation of the Seventh Central Pay Commission – Revision of provisions regulating pension/gratuity/ commutation of pension/family pension/disability pension/ex-gratia lump-sum compensation, etc.

The undersigned is directed to state that in pursuance of Government’s decision on the recommendation of the Seventh Central Pay Commission, the President is pleased to introduce the following modifications in the rules regulating pension, Retirement/Death/Service Gratuity, Family Pension, disability pension, ex-gratia lump-sum compensation, etc. under the CCS (Pension) Rules, 1972 and Commutation of Pension under CCS (Commutation of Pension) Rules, 1981, CCS (Extraordinary Pension) Rules, 1939, etc.

2. These orders apply to Central Government Employees governed by the CCS (Pension) Rules, 1972. Separate orders will be issued by the Ministry of Defence, Ministry of Railways and the AIS Division of the DOPT in respect of Armed Forces personnel, Railway employees and the officers of All India Services respectively on the basis of these orders.

DATE OF EFFECT

3.1 The revised provisions as per these orders shall apply to Government servants who retire/die in harness on or after 1.1.2016. Separate order have been issued in respect of employees who retired/died before 1.1.2016.

3.2 Where pension/family pension/Gratuity/Commutation of pension, etc has already been sanctioned in cases occurring on or after 1.1.2016, the same shall be revised in terms of these orders. In cases where pension has been finally sanctioned on the pre-revised orders and if it happens to be more beneficial than the pension becoming due under these orders, the pension already sanctioned shall not be revised to the disadvantage of the pensioner in view of Rule 70 of the CCS (Pension) Rules, 1972.

EMOLUMENTS

4.1 The term ‘Emoluments’ for purposes of calculating various pensionary benefits other than various kinds of Gratuity shall have the same meaning as in Rule 33 of the Central Civil Services (Pension) Rules, 1972.

4.2 Basic pay in the revised pay structure means the pay drawn in the prescribed level in the Pay Matrix with effect from 01.01.2016 but does not include any other type of pay like special pay, etc.

4.3 In the case of all kinds of gratuity, dearness allowance admissible on the date of retirement/death shall continue to be treated as emoluments along with the emoluments as defined in Paragraph 4.1 above.

PENSION

5.1. Subject to para 5.2, there shall be no change in the provisions regulating the amount of pension as contained in Rule 49 of the CCS(Pension) Rules.

5.2 The amount of pension shall be subject to a minimum of Rs.9000/- and the maximum pension would be 50% of highest pay in the Government (The highest pay in the Govt. is Rs 2,50,000 with effect from 1.1.2016). The provisions of sub-rule (2) of Rule 49 of the CCS (Pension) Rules, 1972 shall stand modified to this extent.

5.3 The quantum of additional pension/family pension available to the old pensioners / family pensioners shall continue to be as follows:

Age of pensioner / family pensioner	Additional quantum of pension
From 80 years to less than 85 years	20% of revised basic pension/ family pension
From 85 years to less than 90 years	30% of revised basic pension / family pension
From 90 years to less than 95 years	40% of revised basic pension / family pension
From 95 years to less than 100 years	50% of revised basic pension / family pension
100 years or more	100% of revised basic pension / family pension

The Pension Sanctioning Authorities should ensure that the date of birth and the age of a pensioner is invariably indicated in the pension payment order to facilitate payment of additional pension by the Pension Disbursing Authority as soon as it becomes due. The amount of additional pension will be shown distinctly in the pension payment order. For example, in case where a pensioner is more than 80 years of age and his pension is Rs.10,000 pm, the pension will be shown as (i) Basic pension=Rs.10,000 and (ii) Additional pension = Rs.2,000 pm. The pension on his attaining the age of 85 years will be shown as (i).Basic Pension = Rs.10,000 and (ii) additional pension = Rs.3,000 pm.

Retirement / Death Gratuity

6.1 The rates for payment of death gratuity shall be revised as under:

Length of qualifying service	Rate of Death Gratuity
Less than One year	2 times of monthly emoluments
One Year or more but less than 5 years	6 times of monthly emoluments
5 years or more but less than 11 years	12 times of monthly emoluments
11 years or more but less than 20 years	20 times of monthly emoluments
20 years or more	Half month’s emoluments for every completed six monthly period of qualifying service subject to a maximum of 33 times of emoluments.

Accordingly, Rule 50(1)(b) 50(1)(b) of CCS (Pension) Rules, 1972 shall stand modified to this extent.

6.2 The maximum limit of Retirement gratuity and death gratuity shall be Rs. 20 lakh. The ceiling on gratuity will increase by 25% whenever the dearness allowance rises by 50% of the basic pay. Accordingly, first proviso under Rule 50(1)(b) of CCS (Pension) Rules, 1972 shall stand modified to this extent.

FAMILY PENSION 1964

7.1 Family pension shall be calculated at a uniform rate of 30% of basic pay in the revised pay structure and shall be subject to a minimum of Rs,90001-p.m. and maximum of 30% of the highest pay in the Government. Rule 54(2) relating to Family Pension, 1964 under CCS (Pension) Rules, 1972 shall stand modified to this extent.

7.2 The amount of enhanced family pension shall be 50% of basic pay in the revised pay structure and shall be subject to a minimum of Rs.90001-p.m. and maximum of 50% of the highest pay in the Government. (The highest pay in the Govt. is Rs. 2,50,000 with effect from 1.1.2016).

7.3 There will be no other change in the provisions regulating family pension, enhanced family pension and additional family pension to old family pensioners.

COMMUTATION OF PENSION

8.1 There will be no change in the provisions relating to commutation values, the limit upto which the pension can be commuted or the period after which the commuted pension is to be restored.

9.1 The pension/family pension under para 5 and 7 above shall qualify for dearness relief sanctioned from time to time, in accordance with the relevant rules/instructions.

FIXED MEDICAL ALLOWANCE

10.1 Fixed Medical Allowance to the pensioners who are residing in non-CGHS areas and are not availing OPD facility of CGHS shall continue to be paid at the existing rate till a final decision is taken on the basis of recommendations of the Committee constituted for the purpose.

CONSTANT ATTENDANT ALLOWANCE

11.1 The amount of Constant Attendant Allowance to pensioners who retired on disability pension with 100% disability under the CCS (Extraordinary) Pension Rules, 1939, (where the individual is completely dependent on somebody else for day to day functions) shall continue to be paid at the existing rate till a final decision is taken on the basis of recommendations of the Committee constituted for the purpose.

EX GRATIA LUMPSUM COMPENSATION

12.1 The amount of ex gratia lump sum compensation available to the families of Central Government Civilian employees, who die in the performance of their bonafide official duties under various circumstances shall be revised as under:

Length of qualifying service	Rate of Death Gratuity
Less than One year	2 times of monthly emoluments
One Year or more but less than 5 years	6 times of monthly emoluments
5 years or more but less than 11 years	12 times of monthly emoluments
11 years or more but less than 20 years	20 times of monthly emoluments
20 years or more	Half month’s emoluments for every completed six monthly period of qualifying service subject to a maximum of 33 times of emoluments.

13.1. Formal amendments to CCS (Pension) Rules, 1972 and CCS (Extraordinary) Pension Rules, 1939 in terms of the decisions contained in this order will be issued in due course. Provisions of the CCS (Pension) Rules 1972, CCS (Extraordinary) Pension Rules, 1939, and CCS(Commutation of Pension) Rules, 1981 which are not specifically modified by these orders, will remain unchanged.

14.1. These orders issue with concurrence of the Ministry of Finance Department of Expenditure vide their U.O. No. 30-1/33(c)/ 2016-IC dated 03.08.2016

15.1. In their application to the employees of the Indian Audit and Accounts Department, these orders issue in consultation with Comptroller and Auditor General of India.

16. Ministry of Agriculture etc. are requested to bring the contents of these orders to the notice of Controller of Accounts/Pay and Accounts Officers and Attached and Subordinate Offices under them on a top priority basis.

(Vandana Sharma)

Joint Secretary to the Government of India

OUR ALL INDIA TREASURER HAS BEEN TRANSFERRED AND POSTED TO TRIVANDRUM FROM MADURAI AND WILL BE JOINING ON 08.08.2016. IT IS THEREFORE REQUESTED THAT THE CHQ QUOTA AND OTHER PAYMENTS TO HIM AT THE FOLLOWING ADDRESS :-

SHRI SOMARAJAN, POSTAL CIVIL DIVISION, MANACAUD P.O., TRIVANDRUM-695009 - HIS MOBILE NO.+919495192499

THE SUPERINTENDING ENGINEER, POSTAL CIVIL CIRCLE, BANGALORE HAVE INVITED THE UNION FOR A FORMAL MEETING ON 29TH AUGUST, 2016.   ALL DIVISIONAL SECRETARIES AND MEMBERS ARE REQUESTED TO FORWARD ITEMS TO BE DISCUSSED WITH SUPERINTENDING ENGINEER TO THE GENERAL SECRETARY IMMEDIATELY BUT NOT LATER THAN 20TH AUGUST, 2016

No.NUPCWNGE/GS/2016                              Date : 4^th August, 2016

To

The Chief Engineer

Civil, Postal

Department of Posts

Dak Bhawan

NEW DELHI

Subject :  Re-designation of Assistants in Civil Wing.

Sir,

                   With due respect, we would like to request you to consider the following for necessary action.

                   In accordance with CSS Rules, 1962 the posts of Assistants in the Central Government is existing in Group-B Non-Gazetted in the Central Secretariat as well as in the Sub-Ordinate Services. By these Recruitment Rules as per the Dept. Of Personnel & Training for the cadre of Assistant provides for direct recruit as well as promotional quota.  However, in Civil Wing of the Department of Posts these posts are promotional posts only.  Now as per the Gazettee Notification F.No.1/3/2009-CS.I(P) dated 02.08.2016 copy of which is enclosed herewith for your kind ready reference the designation of Assistant have been substituted as Assistant Section Officer.  Even if we go in line with CPWD, there is no post of Assistant but it is Office Superintendent Grade-II.  Even though the Gazette Notification ibid is mentioned as CSS Assistant Grade (DRCE) Regulations, 2010, the CSS Rules is common for both the grade for direct recruitment and promoted cadre.

                   In view of the above, it is requested that the post of Assistant may kindly be re-designated as Assistant Section Officer in the line of Govt. Of India in our Civil Wing also

                    

                   Thanking you,

Yours faithfully,

(K.SIVADASAN)

GENERAL SECRETARY 

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS 

(Department of Personnel and Training) 

NOTIFICATION 

New Delhi, the 2nd August, 2016

G.S.R. 753(E).− In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules to amend the Central Secretariat Service Rules, 2009 namely :− 1. Short title and commencement.−(1) These rules may be called the Central Secretariat Service (Amendment) Rules, 2016. (2) They shall come into force on the date of their publication in the Official Gazette. 

 2. In the Central Secretariat Service Rules, 2009 ,- (A) for the words “Assistants’ Grade”, the words “Assistant Section Officers’ Grade”, wherever they occur, shall respectively be substituted; 

(B) in rule 5, after sub-rule (1), the following note shall be inserted, namely :- “Note: The authorised strength of the service shall be subject to variation to be indicated by the Government from time to time.”; (C) after rule 6, the following note shall be inserted, namely :- “Note: The cadre unit wise distribution of posts shall be subject to variation to be indicated by the Government from time to time.”; 

(D) in the rule 11, after sub-rule (1), the following proviso shall be inserted, namely :- “Provided that where sufficient number of eligible officers with five years’ approved service are not available, regular officers of Selection Grade with not less than three years’ of regular service in that grade and not less than ten years approved service from their appointment to the Grade-I, shall also be eligible for promotion.”; 

(E) in rule 12,- (I) in sub-rule (1),- (i) for clause (a), the following clause shall be substituted, namely :- “(a) The regular vacancies in the Section Officers’ Grade shall be filled by appointment of persons included in the Select List for Section Officers’ Grade comprising fifty per cent. from regular officers of Assistant Section Officers’ Grade who have rendered not less than eight years’ approved service in that Grade and fifty per cent. from persons selected through Limited Departmental Competitive Examination. (ii) in clause (b), for the portion beginning with 

“(b) The rules for the Limited Departmental Competitive Examination” and ending with “shall also be made by that Department”, the following shall be substituted, namely:- (b) The rules for the Limited Departmental Competitive Examination referred to in clause (a) of this sub-rule shall be determined by regulations made by the Department of Personnel and Training:”; (II) in sub-rule (2),- (i) for clause (a), the following clause shall be substituted, namely:- “(a) Seventy-five per cent. of the regular vacancies in the Assistant Section Officers’ Grade shall be filled by direct recruitment of graduates possessing computer proficiency as may be notified by the Department of Personnel and Training on the basis of results of a competitive examination held by the Staff Selection Commission once in a year, for this purpose and the remaining twenty-five per cent. vacancies shall be filled by appointment of persons included in the Select List for Assistant Section Officers’ Grade comprising fifteen per cent. of the total from the regular officers of Senior Secretariat Assistants’ Grade of the Central Secretariat Clerical Service who have rendered not less than ten years’ approved service in that Grade and ten per cent. from persons selected through Limited Departmental Competitive Examination for Senior Secretariat Assistant of Central Secretariat Clerical Service to be conducted by Staff Selection Commission, once in a year for this purpose.”; (ii) in clause (c), the words “and the allotment of candidates from the result of this examination to the various cadre units shall also be made by that Department” shall be omitted; (iii) clause (d) shall be renumbered as sub-rule (3); (F) in rule 13, - (i) sub-rule (2) shall be omitted ; (ii) in sub-rule (3), the word, brackets and figure “and (2)” shall be omitted; (G) for the rule 14, the following rule shall be substituted, namely :- “14. Completion of Probation.-(1) Upon completion of the probation period or the extended probation period, if any, the appointing authority shall assess the performance of the officer, as per prescribed procedure, and shall declare either:- 

 6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 

(a) that the probation has been successfully completed; 

(b) that the probation has not been successfully completed; or 

(c) that the probation period is to be extended under sub-rule (3) of rule 13. 

(2) When a directly recruited officer undergoing probation has successfully completed the probation to the satisfaction of the appointing authority, he shall be eligible for confirmation in the service and when such officer has not successfully completed his probation, he shall be discharged or reverted in accordance with rule 15. 

(3) An officer shall continue to be on probation till he is confirmed under this rule or is discharged or reverted under rule 15.”; (H) in rule 15, for sub-rule (4), the following sub-rule shall be substituted, namely :- “(4) A member of the Service other than a direct recruit on probation in Assistant Section Officers’ Grade or Grade-I who is not considered suitable for continuance in that Grade during or at the end of the period of probation specified in sub-rule (1) of rule 13 or the extended period, if any, under sub-rule (3) of that rule, shall be reverted to the next lower grade of the Service or to the concerned grade of the Central Secretariat Clerical Service, as the case may be, from which he was appointed on probation to the grade of the Service: Provided that an officer so reverted to the lower grade shall be reconsidered for appointment to the higher grade, on probation, only after completion of one year from the date of such reversion.”; (I) in rule 17, in sub clause (v), for the figures “4200”, the figures “4600” shall be substituted; (J) in rule 23, for the words “relax the requirement of the rule”, the words “relax in consultation with the Commission the requirement of the rule” shall be substituted; (K) in rule 25, for the words, “the Scheduled Castes and the Scheduled Tribes”, the words “the Scheduled Castes, the Scheduled Tribes and Other Backward Classes” shall be substituted.

 [F. No.1/8/2009-CS.I(P)]

 ARCHANA VARMA, Jt. Secy. 

F.No.11012/5/2016-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 August 2, 2016

OFFICE MEMORANDUM

Subject: Central Civil Services (Classification, Control and Appeal) Rules 1965 – Guidelines regarding prevention of sexual harassment of women at the workplace— regarding

Undersigned is directed to say that following enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [ SHWW (PPR) Act] and notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 [SHWW (PPR) Rules] on 09.12.2013, the Government notified the amendments to Central Civil Services (Conduct) Rules 1964 and Central Civil Services (Classification, Control and Appeal) Rules, 1965. The amendments and other salient features of the Act/ Rules was brought to the notice of all concerned vide Office Memorandum No. 11o13/02/2014-Estt.A-III dated 27.11.2014.

2. Section 18 (1) of the SHWW(PPR) Act, 2013 provides that any person aggrieved with the recommendations made under sub-section (2) of section 13 or under clause (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or sub-section (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the court or tribunal in accordance with provisions of the service rules applicable to said person or where no such service rules exist then, without prejudice to the provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed.

3. In accordance with Section 18(1) of the SHWW (PPR) Act, 2013, it has been decided that in all cases of allegations of sexual harassment, the following procedure may be adopted:

Where a Complaint Committee has not recommended any action against the employee against whom the allegation have been made in a case involving allegations of sexual harassment, the Disciplinary Authority shall supply a copy of the Report of the Complaint Committee to the complainant and shall consider her representation, if any submitted, before coming to a final conclusion. The representation shall be deemed to be an appeal under section 18(i) of the Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

4. All Ministries/Departments/Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control. All cases, where final orders have not been issued may be processed as per these guidelines.

5. Hindi version will follow.

(Mukesh chaturvedi)
Director (E)
Tele: 2309 3176

No.NUPCWNGE/GS/2016                                 Date : 3^rd August, 2016

To

Shri B.V.Sudhakar

Secretary

Department of Posts

Dak Bhawan

NEW DELHI

                                     

Subject:  Reorganisation of Civil Wing – regarding.

Sir,

                   With due respect, we submit the following for your kind intervention and necessary action please.

                   As you are well aware that the Civil Wing of the Department are always kept as an ignored portion in regard of the matter of staff benefits as well as the matters of establishment.  The present set up of the Civil Wing is continuing since the bifurcation of the Department of Posts & Telecom.  At the time of bifurcation the major portion of the Civil Wing of the P&T Civil Wing was taken by the Department of Telecom.  The allotment was very less number of Zonal, Circles, Divisions and Sub-Divisions to the Department of Posts considering the work load at the time itself in the year 1996.  Thereafter, the Department of Posts have started with lot of infrastructural developments with this meagre strength of Civil Wing. During the initial stage the Civil Wing administration have recruited 50% of the sanctioned strength by way of transfer or on deputation from various Ministries/Departments in the cadre of ministerial and engineering cadres to meet the requirement of the Department.   In the meantime, the Government have introduced a policy of non-filling of vacancies and at the later stage it was decided to abolish the vacant posts.  Accordingly the Department of Posts have abolished the all the available vacant posts without any consideration of actual requirement. 

                   Now the sanctioned strength of a Division Office is having only three grade-I clerks and one grade-II clerk which is very insufficient and also due to the infrastructural developments like Project Arrow and other modernisation projects and now ensuing Banking the existing strength of Division Offices in the country is very less to meet the coming day requirement of the Department.

                   Further to this the states like Chattisgarh, Jharkhand and Telengana the Postal Circles have been created and started functioning but the Civil Wing set up has not been created along with these Circles hence the Chief Postmaster Generals have to approach the erstwhile Civil Wing set ups which is very difficult for them also and they do not have any control over the Civil Wing meant for these circles.  If new set up of Civil Wing is created for these circles the CPMGs will have their own control over the concerned unit of Civil Wing.

                   During the meeting with the Civil Wing Administration in January and 01.08.2016 our Union have raised this point and requested for re-organisation of Civil Wing and revival of abolished posts as is done in the case of Postal Side, they have intimated that the matter has to be taken up with the Postal Administration and not in their control.  

                   In view of the above, we request you to considering the ensuing development of the Department for functioning of the Civil Wing to cater the developmental activities in the line of the development of the Department.  

Thanking you,

Yours faithfully,

(K.SIVADASAN)

GENERAL SECRETARY

Copy for taking up the matter at the appropriate platform in the Department to :-

1.   Shri D.Theagarajan, Secretary General, FNPO, T-24 Atul Grove Road, New Delhi-110001

2.   Shri D.Kishan Rao,  General Secretary, FNPO P-III & Member, Departmental Council, New Delhi

(K.SIVADASAN)

GENERAL SECRETARY

VII PAY COMMISSION CALCULATOR

GENERAL SECRETARY & SHRI T.N.RAHATE, GENERAL SECRETARY, NUPE P-IV & PRESIDENT FNPO, PRESIDENT,  NUPE P-IV ,ALONG WITH   SHRI V.K.MATHUR, DEPUTY GENERAL SECRETARY, NUPE P-IV, SHRI SUBHASH CHOUDHARY, PRESIDENT, NUPE P-IV, DELHI CIRCLE& SATISH  SECRETARY FNPO HQ, MET AND CONGRATULATED SHRI B.V.SUDHAKAR, SECRETARY POSTS AND SHRI ASHUTOSH TRIPATHI, DIRECTOR GENERAL POSTS ON TODAY FOR AND ON BEHALF OF NUPE-P-IV,/FNPO.& NUPCWNGE

THE ABOVE DELEGATION MET MEMBER (BANKING & HRD), DDG (ESTATE), DIRECTOR (SPN), DIRECTOR (ESTT.) AND OTHER OFFICERS AND DISCUSSED VARIOUS PENDING ISSUES OF THE UNION.  DETAILS WILL BE PUBLISHED IN DUE COURSE

THE FORMAL MEETING WITH THE CHIEF ENGINEER WAS ATTENDED BY GENERAL SECRETARY AND DISCUSSED THE AGENDA POINTS ALREADY SUBMITTED AND POSTED IN THE WEBSITE.  THE DETAILS WILL  BE POSTED IN DUE COURSE

GENERAL SECRETARY, NUPCWNGE, AND SHRI T.N.RAHATE, PRESIDENT, FNPO WITH SHRI B.V.SUDHAKAR, SECRETARY POSTS ON 01.08.2016 WHEN WE VISITED TO CONGRATULATE THE SECRETARY TO HIS NEW ASSIGNMENT.  WE WISH ALL SUCCESS IN FUTURE DAYS