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Sunday, December 31, 2023
Saturday, December 30, 2023
RESERVATION IN PROMOTION TO PERSONS WITH BENCHMARK DISABILITIES (PWBDS)
No.
36012/1/2020-Estt (Res-II)
Government of
India
Ministry of
Personnel, Public Grievances & Pensions
Department of
Personnel & Training
North Block, New
Delhi,
Dated the 28th December, 2023.
OFFICE MEMORANDUM
Sub: Reservation in promotion to Persons with Benchmark Disabilities (PwBDs) regarding.
The undersigned is directed to say that the Hon’ble Supreme Court, vide its Judgement dated 30.6.2016, in the WP(C) No.521/2008, titled ‘Rajeev Kumar Gupta Vs. U01, had directed the Government to extend three percent reservation to PWD in all identified posts in Group A and Group B, irrespective of the mode of filling up of such posts. However, subsequently the Hon’ble Supreme Court, vide its Order dated 3.2.2017, in the Civil Appeal No. 1567/2017 titled Siddaraju Vs. State of Karnataka & Ors.’ referred to the prohibition made against reservation in promotion as laid down by the majority in Indra Sawhney & Others v. Union of India & Others (1992) and observed and held that its Judgement dated 30.6.2016 in Rajeev Kumar Gupta needed to be considered by a larger Bench. However, the Hon’ble Supreme Court finally disposed of the Siddaraju matter vide its Judgement dated 14.1.2020 and held that its Judgement in Rajeev Kumar Gupta would bind the Union and State Governments and it must be strictly followed.
2. However, the Union of India needed some clarification with regard to the implementation of the Hon’ble Supreme Court Judgement dated 30.6.2016 and 14.1.2020, and, therefore, Application for Clarification was filed by the UOI before the Hon’ble Supreme Court seeking clarification which inter alia included whether the vacancies for promotion for PwDs would be computed only on the basis of the vacancies against the identified posts or against the vacancies in both identified and non-identified posts and whether the judgement dated 14.1.2020 needs to be implemented on the basis of PwD Act, 1995 or RPWD Act, 2016. Hon’ble Supreme Court disposed of this Application for Clarification vide its Order dated 28.9.2021 directing the Government of India to issue instructions regarding reservation in promotion as provided in Section 34 of the RPwD Act, 2016.
3. Proviso to Section 34 of the RPWD Act, 2016 provides that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time. Accordingly, DoPT vide its OM of even number dated 17.5.2022 issued detailed instructions for extending the benefit of reservation in promotion to PwDs up to the lowest rung of Group A’ in posts and services under the Central Government. This OM is effective with effect from the date of its issue i.e. 17.5.2022.
4. However, in a Contempt Petition (Civil) No.873/2023 filed by Shri S. S. Sundaram against Department of Revenue, the Hon’ble Supreme Court vide its order dated 18.7.2023 has directed “Though it is pointed out that the judgement of this Court of which breach is alleged, has been complied with effect from 1572023, the fact remains that the judgement is of 30.6.2016 directing the respondents to implement the 1995 Act. Therefore, the respondent will have to consider of giving at least notional promotion to those who are eligible from an earlier date’.
5. The aforesaid directions dated 18.7.2023 of the Hon’ble Supreme Court has been considered in consultation with the Department of Legal Affairs and it has been decided to grant notional promotions to the PwD candidates w.e.f. 30.6.2016 as under:
(i) PwD employees in posts and services of the Central Government, will be considered for grant of the benefit of reservation in promotion up to the lowest rung of Group ‘A’ on notional basis w.e.f. 30.6.2016 subject to their fulfilment of the eligibility conditions as laid down in the DoPT OM of even number dated 17.5.2022 regarding reservation in promotion to PwDs. However, the extent of reservation in promotion may be in accordance with the relevant provisions contained in the PwD Act 1995 and RPWD Act 2016. Further, this benefit may be extended after holding Review DPC as per the extant instructions issued by DoPT on the subject. In case the PwD employees are found eligible and suitable for promotion from any date subsequent to 30.6.2016, then the benefit of reservation in promotion may be extended to them from the date they become eligible for promotion. This promotion on notional basis includes promotion on seniority quota as well as Departmental Examination/Departmental Competitive Examination. In case of Departmental Examination/Departmental Competitive Examination, which has already been held during the period from 30.6.2016 to 16.5.2022, the eligibility of the PwD candidates may be assessed on the basis of their performance in the said examination. The concerned Administrative Authorities are given discretion to consider holding of special examination for assessing the suitability or eligibility of PwD employees for such Departmental Competitive Examination.
(ii) Any such promotion during the period from 30.6.2016 till the PwD employee actually assumes the charge of the post will be only on notional basis and the actual financial benefit of promotion will be effective to them with effect from the date they, actually assume charge of the promoted post, meaning that no financial arrear will be admissible to them for the period from the date on which they get the benefit of notional promotion and the date on which they actually assume or have already assumed the charge of such promoted post.
(iii) Extending the benefit of reservation in promotion to the PwD employees on notional basis between 30.6.2016 and actual assumption of the charge of the post may affect the inter-se-seniority of the officials in various grades. Due to this, there may be cases in which some officials may have to be placed in a select list/seniority list, subsequent to the year of their existing/present seniority list/select list. This may have a chain effect as it may result in revision in seniority lists in subsequent years in many cases which may cause administrative inconvenience. In order to avoid such situation, supernumerary posts may be created to adjust the lien of such PwD employees with effect from the date on or after 30.6.2016, when they become eligible to get the benefit of reservation in promotion, till the availability of vacancy in which the promotion is to be made or till they vacate the post on their retirement, further promotion etc. whichever is earlier.
(iv) The creation of supernumerary post, as stated above, will be personal to the PwD employee who is given the benefit of reservation in promotion on notional basis and such supernumerary post will stand abolished on the date when such PwD employee is adjusted against available vacancy in the grade in which the promotion is given or when that PwD employee vacates the post on his/her retirement, further promotion etc., whichever is earlier.
(v) Ministries/Departments are advised to undertake an exercise to ascertain the requirement of supernumerary posts required by them and submit the proposal for creation of posts to the Department of Expenditure through DoPT. Such proposal shall contain the proposal in respect of the entire Department/Ministry and the proposal in piecemeal shall not be accepted. A certificate to the effect that the proposal is complete in all respects and the requirement of creation of supernumerary posts has been projected in respect of the entire Department may also be furnished along with the proposal. Further, each proposal shall have the concurrence of the Liaison Officer for PwDs of the Department/Ministry concerned and shall be forwarded with the approval of the Secretary of the Administrative Department/Ministry.
(vi) It is clarified that the benefit of notional promotion, as proposed above, shall not adversely affect those PwD candidates who have already been granted the benefit of reservation in promotion in pursuance of the Orders/judgements of various Courts of Law.
6. This issues with the approval of Department of Expenditure conveyed vide their ID Note No.7(1)/E. Coord.I/2017 Part (V) dated 12.12.2023.
(Debabrata Das)
Under Secretary
to the Government of India.
Tuesday, December 26, 2023
POST OFFICE ACT 2023 - GAZETTE PUBLISHED
ON 24TH DECEMBER 2023
Post Office Act 2023 - Gazette Published on
24th December 2023
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Monday, December 25, 2023
EMPOWERING MINISTRIES TO ADMIT LATE SUBMISSIONS OF LTC CLAIM AND TIMELINES RELAXATION IN LTC RULES
F.No. 31011/18/2O23_Estt. (A_IV)
Government of India
Ministry of personnel, public Grievances & pensions
Department of personnel & Training
personnel policy A_IV
North Block, New Delhi.
Dated: 21st December 2023
OFFICE MEMORANDUM
Sub- Relaxation in LTC Rules – delegation of powers
to Ministries
/Departments regarding time limit for the submission of the claim-Reg
The undersigned is directed to refer to the subject cited above and to state that rules 14 and 15 of CCS(LTC) Rules, 1988 provide that a claim for reimbursement of expenditure incurred on journey under Leave Travel concession is to be submitted within three months after the completion of the return journey, if no advance had been drawn and within one month after the completion of the return journey if advance had been drawn.
2. Vide DoPT’s OM No. 31011/05/2007-Estt (A) dated 27.09.2007 the above timelines were relaxed, and powers delegated to the Ministries /Departments to admit the claim of reimbursement in respect of LTC journey with the concurrence of the financial advisor without referring the matter to DoPT with the following time lines:-
(a) Up to 6 months, if no advance is drawn; and
(b) Up to 3 months if the advance is drawn, provided the Government servant refunds the entire amount of advance (not merely the unutilized portion) within 45 days of completion of the return journey
Relaxation in LTC Rules
3. Now in supersession of DoPT’s OM No. 31011/05/2007-Estt.(A) dated 27.09.2007, it has been decided that the Ministries / Departments with the concurrence of the Financial Advisers and subordinate/attached offices with the concurrence of Head of Department not below the rank of Joint Secretary can admit the claim of reimbursement in respect of LTC journey without reference to DoPT with the following timelines in such cases where a Government servant is not in position to submit the claim within the prescribed time-limit under rule 14 and 15 of CCS(LTC) Rules, 1988 and the Ministries/ Departments/attached offices/subordinate offices are satisfied that he/she was not able to do so due to circumstances beyond his/her control:-
i. Cases where no advance is drawn: Up to six months.
ii. Cases where advance is drawn: Up to three months provided the entire advance amount is returned within three months subject to a clause that the entire amount would be recovered within one lumpsum and interest will be charged on the entire amount of advance from the date of drawal to the date of recovery of amount.
4 . Ministries/Departments/attached offices/ subordinate offices are requested to keep these instructions in view while processing belated LTC claims.
5. These instructions are issued with the concurrence of D/o Expenditure and shall be effective from the date of issue of this O.M.
6. Hindi version will follow.
Sd/-
(Satish Kumar}
Under Secretary to the Government of India
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MODIFICATION OF 7TH CPC CONVEYANCE ALLOWANCE
RATES- FINMIN ORDER
No. 19039/3/2017-E.IV
Government of India
Ministry of Finance
Department of Expenditure
North Block, New Delhi
Dated 13th December, 2023
CORRIGENDUM
Subject: - Rate of conveyance allowance – Modification reg.
The undersigned is directed to refer to this Deptt.’s O.M. of even No. dated 19/07/2017 regarding Implementation of the recommendation of the Seventh Central Pay Commission – Conveyance Allowance and to say that the rate of “fixed Conveyance Allowance” for Journey by own Motor Car in Column 2 at Row 3 for distance range “451-600 km” is modified and the figure may be
Read as Rs.3105
Instead of Rs.2980
2. The other content of the O.M. will remain same.
( A.Bandyopadhyay)
Under Secretary to the Government of India
AD-HOC APPOINTMENT/PROMOTION IN GROUP ‘B’ AND ‘A’ POSTS: DOP&T OM DATED 15.12.2023 FOR STRICT COMPLIANCE
No. 28036/08/2022-Pers. Policy(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi
Date : 15.12.2023
OFFICE MEMORANDUM
Subject: Ad-hoc appointments in Group ‘B’ and ‘A’ posts — regarding.
The undersigned is directed to invite reference to this Department’s Office Memorandum No. 28036/8/97-Estt(D) dated 30.03.1988 and Office Memorandum No. 28036/1/2012-Estt(D) dated 03.04.2013 regarding ad-hoc appointment/promotion and to draw attention to the following provisions contained in these OMs pertaining to Group ‘B’ and ‘A’ posts:
Ad-hoc appointments/promotions should be made only in rare cases and for exigencies of work, where the post cannot be kept vacant until regular candidate becomes available. Persons appointed on ad-hoc basis to a grade are to be replaced by persons approved for regular appointment at the earliest opportunity.
The total period for which the appointment/ promotion may be made to these posts, on an ad-hoc basis, keeping in view the exceptionalities anticipated in the aforementioned OMs, by the respective Ministries/ Departments, is to be limited to one year only. In case of compulsions for extending any ad-hoc appointment/promotion beyond one year, the approval of the Department of Personnel and Training is to be sought at least two months in advance before the expiry of the prescribed limit. Also, if the approval of the Department of Personnel & Training to the continuance of the ad-hoc arrangement is not received before the expiry of the prescribed limit, the ad-hoc appointment/ promotion shall automatically cease on the expiry of the current term. It is reiterated that continuation of any ad-hoc arrangement beyond the prescribed limits and release of pay and allowances for the same, without express approval of this Department is not in order.
2. Thus, keeping in view the aforementioned extant instructions / guidelines, the primary endeavour should be to fill up posts on regular basis, in terms of the applicable Recruitment / Service Rules, at the earliest. However, where ad-hoc arrangements have been made in unavoidable circumstances, and are required to be extended beyond the prescribed initial period, prior approval of the Department of Personnel & Training (DoPT) should invariably be obtained before the expiry of the current term of ad-hoc appointments/ promotion, by sending proposal at least 2 months before expiry of term. In case prior approval of DoPT has not been obtained for extension of ad-hoc promotion beyond the prescribed initial term, except where DoPT has specifically allowed the Ministry/Department to seek post-facto ratification of the extension of ad-hoc promotion for the intervening period after the post(s) have been filled on regular basis i.e. period beyond the prescribed initial term of one year or period extended beyond one year with DoPT’s approval and upto the date the post is filled on regular basis, the ad-hoc promotion shall cease automatically on expiry of the initial term / extended period approved by DOPT, and that the officers shall stand reverted to their substantive post without the requirement of any specific order for their reversion.
ad-hoc-promotion-appointment-recruitment-dopt-order
3. The Office of the Controller General of Accounts (CGA) has separately been requested to issue advisory to all the Controllers of Accounts in various Ministries /Departments to ensure that pay and allowances’ etc. for ad-hoc appointment/promotion, in cases where ad-hoc appointment/promotion have continued beyond the permissible limit (i.e. beyond one year or period extended with DoPT’s approval), are to be released only if the arrangement for a particular period has been duly approved by the Department of Personnel and Training. Further, it would be the responsibility of the administrative Ministry/ Department to satisfy the respective Pay and Accounts Officer that the conditions for extension of ad-hoc appointment/promotion have been met before they release the pay and allowances for the extended period of ad-hoc appointment/promotion.
4. Ministries / Departments are required to ensure that the above instructions in the context of this Department’s Office Memorandum dated 30.03.1988 and 03.04.2013 are strictly followed by all concerned.
5. No relaxation/exemption from these guidelines will be allowed. Hence proposals seeking ex-post facto approval for extension of ad-hoc appointments/ promotions beyond the permissible period, unless expressly allowed by DoPT as indicated in para 2 above, shall not be considered.
(R.K. Sinha)
Under Secretary to the Govt. of India
Wednesday, December 20, 2023
Tuesday, December 19, 2023
Monday, December 18, 2023
GRANT OF FIXED MEDICAL ALLOWANCE (FMA) TO PENSIONERS / FAMILY
PENSIONERS COVERED UNDER NATIONAL PENSION SYSTEM. (DOP)
(CLICK THE LINK BELOW TO VIEW)
https://utilities.cept.gov.in/dop/pdfbind.ashx?id=9274
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SUO-MOTU COGNIZANCE IN THE MATTER OF OBSTACLES, RISKS AND
HUMILIATION FACED BY DIVYANGJAN REGARDING NON-ACCESSIBILITY OF PUBLIC SERVICES (DOP)
(CLICK THE LINK BELOW TO VIEW)
https://utilities.cept.gov.in/dop/pdfbind.ashx?id=9258
Monday, December 11, 2023
Friday, December 8, 2023
1ST DEATH ANNIVERSARY OF COM. KKN KUTTY
Dear Comrades
With regards,
S/G Confederation.
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