07/11/SH NEWS

As per the lawyer, upgradation of Grade Pay of LDC pending in CAT Jabalpur will be decided by a regular bench. To constitute a regular double bench sufficient judges are not available in CAT Jabalpur. The date of next hearing on the SLP filed against MACP on promotional hierarchy in Supreme Court is

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Wednesday, July 31, 2013

EXTENSION OF DUE DATE FOR FILING OF RETURNS OF INCOME TAX


CBDT Orders - Extension of due date for filing of Returns of Income 

CBDT Orders - Extension of due date for filing of Returns of Income from 31.07.2013 to 05.08.2013

F.No. 225/117/2013/ITA.II 
Government of India 
Ministry of Finance 
Department of Revenue 
Central Board of Direct Taxes

North-Block, ITA.II Division 
New Delhi, the 31st of July, 2013

Order under Section 119 of the Income-tax Act. 1961

The Central Board of Direct Taxes, in exercise of powers conferred under section 119 of the Income-tax Act, 1961, hereby extends the ‘due-date’ for filing Returns of Income from 31st July, 2013 to 5th August, 2013.

sd/- 
(Rohit Garg) 
Deputy-Secretary to Government of India

Source: www.incometaxindia.gov.in 
[http://incometaxindia.gov.in/archive/BreakingNews_Extension_for_filing_of_Returns_of_Income_31072013.pdf]


Tuesday, July 30, 2013

EPFO must give Priority to timely Settlement of Claims for Provident

EPFO must give Priority to timely Settlement of Claims for Provident Fund- Sis Ram Ola 

Union Labour & Employment Minister Shri Sis Ram Ola has emphasized that the Employee Provident Fund Organization (EPFO) must give priority to timely settlement of claims for provident fund. In a meeting with the senior officers of EPFO the minister has also emphasized that due to improvement and availability of technology, the citizen rightly expects efficient and transparent mechanism in its settlement of claims. EPFO has a mandate to settle all the claims within 30 days of its receipt. 

It was brought to the notice of the Minister that the Employee Provident Fund Organization receives receives on an average 12.74 lakh applications for settlement every month. It is expected during the current financial year, 152.87 lakh claim settlements will be received. Due to consistent monitoring the number of claims pending for settlement beyond 30 days has reduced from 12,702 as on 03-07-2013 to only 5268 as on 26-07-2013. Efforts are being made even to bring down this number. 

EPFO has reported that on 03-07-2013, out of 120 offices of EPFO, 60% of claims were settled within 3 days of its receipt in as many as 20 offices. This month 3 new offices have also started processing more than 60% of the claims settled within 3 days. 3 new offices which could achieve this milestone are EPFO offices at Mysore Road, Surat & Bharuch. 

Accordingly, Shri Ola noted with satisfaction that the pace of settlement of claims has increased by more than 10% in as many as 27 of the offices. 

Minister has also appreciated that in some of the offices, each staff is settling more than 20 claims per day. The offices at Noida & Gurgaon Top the list of the efficiency in terms of No. of disposal per staff. In each of these offices, 27 claims are being settled by each staff every day. Settlement of claim is one of the many responsibilities with the staff of EPFO. 

Source : PIB News

ON LINE FILING OF RTI APPLICATION

POSTAL BANK-GAME CHANGER IN RURAL AREA

Tuesday 30 July 2013

UPFRONT/SPECIAL | Jul 26, 2013 | 2343 views

Why You Can Bank on India Post

The government’s postal arm is unmatched in terms of reach and management of deposits
Why You Can Bank on India Post
Image: Getty Images
O
f the 26 aspirants who want to set up a bank, the government arm, India Post, appears to be best placed to fulfil the objective of financial inclusion. The Reserve Bank of India has said new banks will have to set up at least three branches in villages with a population of less than 10,000 for each branch they establish in other areas.

Unlike what many believe, a Post Bank of India (PBI) will be a completely new entity with no legacies of a government department and very little to do with its parent, except using some of its network. It will have an independent board and just two members from the government, one from the finance ministry and another from the department of post.

Geographically, the India Post network beats the entire banking system in the country. The ubiquitous mail carrier is present in more than 1,55,000 locations in India, 90 percent of them in villages. On an average, a post office serves an area of a little over 21 sq km and a population of 7,175, much lower than the RBI norm. In terms of experience with collecting deposits, the crucial left hand side of a bank balance sheet, again the department is unmatched. It manages over Rs 6 lakh crore in savings deposits and offers several financial services such as pensions schemes, insurance, recurring deposits and remittances.

That said, one of the crucial areas in which the department is short in experience is credit; the bread and butter for a bank.

To be sure, the idea of a PBI has been around for nearly 15 years as leaps in modern communications technology gradually made the snail mail unattractive and obsolete. On July 14, India Post shut down its 162-year-old telegraph service.

About five to six years ago, the Administrative Staff College of India prepared a report on turning the post office into a bank. It was more wishful thinking than a concrete business plan. It had proposed turning all post offices into bank branches. “That would have required about Rs 62,000 crore in capital and Rs 2 lakh crore in priority sector lending,” says Ashvin Parekh, Partner and National Industry Leader, Global Financial Services, Ernst & Young. RBI norms require all new banks to comply with reserve requirements from start.

The RBI and the finance ministry had also raised concerns about the department’s credit capability. It was clear that turning the entire network into a bank was a non-starter.

According to the plan prepared by Ernst & Young, India Post will become PBI’s banking correspondent. PBI, which will start with just 40 branches, will use the post office infrastructure but very frugally. In the beginning, it is only looking at a small, Rs 5,000 crore bank. That also means the government will not have to shell out huge amounts of capital. Anyway, the bank will need to bring in new shareholders and sell equity to the public for a stock market listing, as per RBI norms.

The bank can also leverage the technology backbone that is being put in place. The department has a Rs 4500 crore allocation in the 12th Plan for technology upgradation. Of that budget, Rs 1,200 crore will go only into financial services, including a core banking software, Infosys’ Finacle.

Carefully done, the PBI can be a game-changer in rural areas. It has a great brand recall and in many villages of India, the postman is a popular person. In fact, it can go one step ahead and even play a role in financial literacy in villages. 

Friday, July 26, 2013

MEDICAL TREATMENT IN A PRIVATE HOSPITAL IN EMERGENCY

C. G. Employees and their dependents can avail treatment in a non empanelled Private hospitals in emergency conditions and get reimbursement

(G.I MH OM No. F. No. S. 14025/14/2012-MS, dated 11.06.2013)

Revision of rates for reimbursement of medical expenses incurred in emergency conditions under CS (MA) Rules, 1944

The undersigned is directed to state that the issue of revision of rates for reimbursement of medical expenses incurred on availing medical treatment in emergency conditions under CS (MA) Rules, 1944, when treatment is taken in a non-empanelled private hospital, has been under consideration of the Government for some time.

2. It has now been decided that, reimbursement of medical expenses incurred by a Central Government employee covered under CS(MA) Rules, 1944 on availing medical treatment for himself and his dependent family members in emergency conditions, would be allowed as per the prevailing non –NABH CGHS rates as applicable to a CGHS covered city and non-NABH rates applicable to the nearest CGHS covered city in case of non-CGHS city, as the case may be, or the actuals, whichever is less.

3. For the medical treatment in such cases where package rates are prescribed under CGHS, the non-NABH rates of the CGHS covered city and non-NABH rates of the nearest CGHS city (in case of non-CGHS covered city) or the actuals, whichever is less, will be applicable.

4. This OM supersedes all earlier orders issued from time to time under CS (MA) Rules, 1944 on this subject for allowing reimbursement of medical expenses in emergency conditions when treatment is taken in a non-empanelled private hospital.

5. This OM will come into effect from the date of issue.

6. This issue with the concurrence of the Integrated Finance Division vide their Dy. No. C-282, dated 22.05.2013.

Pensioners Portal Orders - Clarification on issue of Identity Cards to Central Government Pensioners

DECISION TAKEN IN THE 22ND JULY NATIONAL EXECUTIVE OF THE CONFEDERATION

Dear friends,
The issues put up for discussion in the Confederation meeting on 22/07/2013 were not reflected in the minutes published in the Confederation web site and as such I discussed  the matter with Com M Krishnan, Secretary General(SG), Confederation over phone .  He informed me that the items put up by us have been discussed in the meeting and decided accordingly; but the same has not been incorporated in the minutes published in the web site. The details of the discussion/decision taken, as said by the SG, are given below:
LDC/UDC issue
The SG has said that due to the efforts of the Confederation, the matter has already been taken up by the  National JCM Staff side with the Government. The issue is being monitored by the National JCM Staff side at present.  In the light of the above the meeting discussed the matter and decided to remind the National JCM Staff side to accelerate the action for the implementation of the upgradation of Grade pay of LDC & UDC.
Granting of MACP on hierarchical basis:
According to the Secretary General, the meeting has decided to obtain legal position for implementation of the Principle CAT judgment for the entire Central Government Employees. Then the Confederation will write letters to the Government on the issue. The copy of the said letter will be published in our web site as soon as we receive the same.
The SG has said All other items put up by the Association has also been discussed in the meeting for which  letters have already been written by the Confederation. However, letters reminding the said correspondence will be sent to the Government again.

The minutes of the 22nd Meeting as published in the Confederation web site is given below:


CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES & WORKERS
(CENTRAL HEAD QUARTERS)
1st Floor, North Avenue Post office Building, New Delhi – 110001


Circular No. 2/2013                           Dated – 23.07.2013

NATIONAL SECRETARIAT MEETING
22.07.2013 – NEW DELHI

CONFEDERATION DECIDES TO TAKE STRIKE BALLOT FOR INDEFINITE STRIKE


Dear Comrades,

The first meeting of the National Secretariat of the Confederation was held at New Delhi on 22.07.2013. Com. K. K. N. Kutty, National President, presided. The following office bearers were present:

Com. S. K. Vyas (Advisor), Com. K. K. N. Kutty (President), Com. M. S. Raja (Working President), Com. Giriraj Singh (Vice President), Com. M. Durai Pandian (Vice President), Com. N. Somaiah (Vice President), Com. M. Krishnan (Secretary General), Com. K. V. Jayaraj (Asst Secretary), Com. Pijush Roy (Asst. Secretary) Com. Ishwar Singh Dabas (Asst. Secretary), Com. Vrigu Bhattacharjee (Financial Secretary), Com. G. Mani Achari (Org. Secretary) Com. R. P. Singh (Org. Secretary) Com. Arup Chatterjee (Org. Secretary).

The following office bearers applied for leave/expressed their inability to attend:

Com. R. N. Parashar (Asst. Secretary) Com. C. P. Sobhana (Org. Secretary) Com. Venkata Subramanian (Org. Secretary), Com. K. P. Rajagopal (Secretary)

The following office bearers could not reach due to train late/cancellation:

Com. T. Narasimhan (Vice President), Com. B. Krishna Gaud (Asst. Secretary), Com. Nilesh D. Nasare (Org. Secretary) Com. P. Suresh (Org. Secretary) Com. V. Nageswara Rao (Org. Secretary), Com. T. Satyanarayana (Org. Secretary), Com. T. K. R. Pillai (Auditor).

The following comrades were absent:

Com. Ashok B. Salunke (Vice President), Com. Ashok Kumar Kanojia (Org Secretary) Com. R. Seethalakshmi (Org. Secretary), Com. Y. Purohit (Org. Secretary).

Before Commencement the meeting paid homage to Late Com. Samar Mukherjee, Ex-MP and Veteran Parliamentarian by observing two minutes silence.

Com. S. K. Vyas, Advisor, in his opening remarks, explained the background of events which led to the formation of a Joint Council of Action of Railway (AIRF) Defence (AIDEF) and Confederation and also pointed out its weaknesses and limitations. He stressed the need to further strengthen the unity. He opined that on the 15 point charter of demands, Confederation must conduct its own independent campaign and agitational programmes. If the Railway and defence Federations come forward for serious agitational programmes including indefinite strike we must join such campaign and strike action.

Com. K. Raghavendran, Ex-Working President, Confederation also addressed the meeting. Thereafter discussion on all agenda items took place.

The following are the main highlights and decision of the National Secretariat meeting

1.      Review of 24th National Conference held at Kolkata from 4th to 6thMay 2013

Com. M. Krishnan, Secretary General made a brief presentation of the Conference proceedings, which was approved by the house after discussion.

2.      15 Pointes charter of demands and future course of action.

The meeting decided to organize independent campaign and agitational programmes culminating in indefinite strike. The specific decisions were:
(i) To organize state level joint strike conventions of C-o-C with the participation of all affiliated unions/Associations/Federations during the month of August 2013. Whereever the C-O-C functioning is not satisfactory or has no participation of district units, efforts must be taken to revamp the committee.
(ii)  To organize mass Relay dharna at different places in all important stations during the first week of September 2013 (from 02.09.2013 to 07.09.2013).
(iii)To conduct nationwide strike ballot during the last week of September 2013 (On 25, 26 and 27th September) Model of the ballot will be sent later.
(iv)To convene the Central Working Committee/Central Executive committee meetings of all affiliated unions/Associations/Federations before the 1st week of October 2013. All India Office Bearers of the Confederation may be invited to attend the meeting.

3.      Joint programme of AIRF, AIDEF and Confederation:
It was decided to make all out effort to further strengthen the Joint council of action (JCA) and also to launch serious agitational programmes culminating in indefinite strike before December 2013.

4.      Formation of State Committees and District Committees
It was decided to reorganize the COCs which are defunct or not functioning satisfactorily. This is to be done when the state level strike campaign conventions are organized. Participation of representatives of all affiliates should be ensured in the conventions.

5.      Conducting of All India Mahila Convention of the Confederation.
It was decided to conduct two day’s All India Mahila Convention at New Delhi in the 3rd week of October 2013. C-O-C Delhi has agreed to host the Mahila Convention. Delegate fee shall be Rs.600/- per delegate. Participation of maximum number of Lady comrades from all states/affiliates should be ensured.

6.      Organising Trade Union Education Camp:
It was decided to hold the Trade Union Education Camp at Mumbai in November/December 2013. Number of participants shall be 150 (maximum). Delegate fee Rs. 600/- per delegate Postal, ITEF, Audit & Accounts and Atomic Energy delegates accommodation shall be arranged by their respective Federations. C-O-C Mumbai shall function as the Reception committee. Date and Venue will be intimated later.

7.      Publication of journal
Decided to publish a monthly journal. Name of the journal shall be “CONFEDERATION NEWS” (subject to availability at RNI) Editorial Board shall consist of Com. S. K. Vyas (Advisor) Com. K. K. N. Kutty (President) Com. M. S. Raja (Working President) Com. M .Krishnan (Secretary General) com. K. P. Rajagopal (Secretary) and Com. Vrigu Bhattacharjee (Financial Secretary).

8.      Financial Review:
Financial Secretary shall present the actual picture in the next meeting. Meanwhile letters should be sent to all affiliated unions to remit the arrears of quota immediately.

9.      Letter from ITEF and reply
A letter received from Secretary General, ITEF and the reply given, regarding the election of new office bearers of the Confederation was presented in the meeting by the Secretary General, Confederation. It was decided to send an appeal letter to the ITEF requesting them to resolve the issue amicably.

10.  Affiliation to new organizations:
The application for affiliation received from the following two organisations was considered and it is decided to grant affiliation subject to their accepting the terms & conditions for affiliation.
(i)     Indian School of Mines Karmachari Sangh, Dhanbad.
(ii)   Song and Drama Division Employees Associations, New Delhi

11.  National Convention of Central Trade Unions on 6th August 2013.
The available National Secretariat members/leaders at Delhi will attend the convention on 6th.

President, Com. K. K. N. Kutty in his concluding remarks, briefed decisions taken in the meeting. The meeting ended at 5 PM.

IMPLEMENT THE DECISIONS

All office Bearers, State Committees, other C-O-Cs and Affiliated Unions/ Associations/ Federations are requested to implement the above mentioned decisions of the National Secretariat meeting, WITHOUT FAIL.

This may be treated as most urgent/important,

Fraternally yours,

                                                                                               
(K. K. N. Kutty)                                                              (M. Krishnan)
President                                                                       Secretary General
Mob: 09811048303                                                         Mob: 09447068125

Thursday, July 25, 2013

FILLING OF INCOME TAX RETURN-REGARDING

EXEMPTION FROM FILING ITR (INCOME TAX RETURN) NOT EXTENDED THIS  ASSESSMENT YEAR 2013-14 – CBDT

       Income Tax Department issues press release to clarify that unlike previous year Salaried Employees with Total Income up to Rs.5 lakhs too have to file ITR (Income Tax Return) this year viz., Assessment year 2013-14.

       The full text of Press Release issued by CBDT (Cenral Board of Direct Tax) is as follows:

       The CBDT has, vide notification dated 1-05-2013, made E-filing of Return compulsory for Assessment Year 2013-14 for persons having total assessable income exceeding Five lakh rupees.

       The CBDT vide its earlier notifications had exempted salaried employees having total income up to Rs. 5 lakhs including income from other sources up to Rs. 10,000/- from the requirement of filing return of income for assessment year 2011-12 and 2012-13 respectively. The exemption was available only for the assessment year 2011-12 and 2012-13. The exemption was giving considering ‘paper filing of returns’ and their ‘processing through manual entry’ on system.

          However, this year the facility for online filing of returns has been made user-friendly with the advantage of pre-filled return forms. These E-filed forms also get electronically processed at the central processing centre in a speedy manner. Hence, the exemption provided during the last two years is not being extended for assessment year 2013-14. Taxpayers are encouraged to file their returns electronically. E-filing is an easy, fast and secure method of filing of income tax return. Moreover, Digital signature is not mandatory for these taxpayers and they can transmit the data in the return electronically by downloading ITRs, or by online filing and thereafter submit the verification of the return in From ITR-V acknowledgement after signature to Central Processing Centre.

        The processing for E-filed returns is faster. From 25th July to 31st July 2013 (Except 27th and 28th July being holidays), Special Return Receipt Counters are opened in IT Offices  (FOR SALARIED TAX PAYERS) 

Wednesday, July 24, 2013

Dopt Orders - Delegation of power to relax the educational qualification for appointment in the personal staff of Union Ministers

No.8/14/2013-CS-II(C)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Lok Nayak Bhawan,
Khan Market, New Delhi-110 003
Dated: the 23rd July, 2013

OFFICE MEMORANDUM

Subject: Delegation of power to relax the educational qualification for appointment in the personal staff of Union Ministers — regarding.

The undersigned is directed to refer to this Deptt’s O.M.No.8/5/98-CS.II dated 23.10.2001 wherein it is clarified that ‘the educational/skill qualification for personal staff of Ministers should be similar to the corresponding/comparable posts in the Government and as per the directions of Hon'ble Prime Minister, there will be no relaxation in the educational and skill qualification for the personal staff of Ministers.

2. This Department had been receiving many references from various Ministries/Departments for appointment of officials in the personal staff of Ministers in relaxation of prescribed educational qualification. In order to curb the delay in appointment of persons in the personal staff of Ministers seeking relaxation of educational qualification, the matter has been re-examined and it has been decided with the approval of Hon'ble Prime Minister to delegate the power for relaxation of educational qualification for appointment of officials in personal staff of Union Ministers as under:

(i) The power to relax the educational qualification for appointment as Peon in the personal staff of Union Minister is delegated to the respective Ministry.

(ii) The power to relax the educational qualification for appointment to posts other than Peon in the personal staff of Union Ministers has been delegated to Cabinet Secretary.

3. As regards para 2(ii) above, it is clarified that the Ministries/Departments are required to submit the proposal to this Department (CS-II Division) for seeking relaxation of educational qualification for appointment of officials to posts other than the post of Peon in the personal staff of Union Ministers for obtaining concurrence of Cabinet Secretary.

4. All the Ministries/Departments are requested to take the above mentioned guidelines into consideration before forwarding any proposal for appointment of officials in the personal staff of Ministers.

5. Hindi version will follow.

sd/-
(Vandana Sharma)
Director (CS-II)

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/8142013.pdf]

Monday, July 22, 2013

Reconstitution of SCOVA

With the observations of Judiciary at highest level, now the Government has no other option except to modify the provisions of MACP gracefully-Raghavaiah, JCM Member NFIR

POST BANK-ALLOTMENT TO MEET CAPITAL REQUIREMENTS

GOVERNMENT ALLOTS RS 1,300 CR TO POST BANK

NEW DELHI: The expenditure department has decided to sanction Rs 1,300 crore to the proposed Post Bank of India to meet its capital requirements even as the department of financial services (DFS) - the wing in the finance ministry that deals with state-run banks and their poliiies - chose to stay away from the  issue.
         The proposal's backing by the expenditure finance commission and its subsequent green light by finance minister       P Chidambaram is seen as the official go-ahead by the finance ministry, ignoring the DFS's stance. The DFS position is seen as the first instance of the agency not backing the Post Bank's plan, which officers in the department have privately mocked at
         "They think they can use the postal deposit model for their banking foray. Nothing in their plan seems to be clear. Banking isn't easy," said an officer, who did not wish to be identified. In fact, a strong Post Bank is seen to be the biggest challenge to existing public sector banks, including State Bank of India, which controls 70% of the banking business in the country. SBI, the largest lender, has a little less than 15,000 branches, while there are over 1.5 lakh post offices across the country.

         Although Post Bank does not intend to open a bank branch in each post office, the plan is to use postmen to meet the financial inclusion goal. Secretary (posts) P Gopinath refused to speak to TOI despite several attempts.

According to the plan, Post Bank will have 50 branches in the first year, which will be increased to 150 by the fifth year. The branches will be located in select Head Post Offices in Tier-1-4 centres and select Sub-Post Offices in Tier-5-6 centres.

         To meet RBI norms, the postal department proposes to set up a new entity - Post Bank of India - that will have an independent board and separate operations. Apart from independent directors, the board will have representatives from the finance ministry and the postal department. Separate recruitment has been planned to have specialist bankers.

        While converting the entire postal network would have meant a capital requirement of over Rs 60,000 crore, by setting up a special entity, the fund requirement has been reduced. This, officers said, will also help create a more focused strategy.
Source : THE TIMES OF INDIA  dated 22/07/2013

Sunday, July 21, 2013

ISSUES FOR DISCUSSION/DECISION IN THE SECRETARIAT MEETING OF THE CONFEDERATION, TO BE HELD ON 22nd JULY


Dear friends,
I had to attend the Confederation National Secretariat Meeting at Delhi   today. But the position of the GT express in which I have booked a ticket for Delhi was not available till 23 hours on 21st and as such the ticket has been cancelled. However, brief note on the items related to the Administrative Staff, to be discussed in the meeting has been sent to Com. M. Krishnan, Secretary General, Confederation for discussion and decision. The brief note on the agenda items sent to the Secretary General is given here-under:  

ISSUES FOR DISCUSSION/DECISION IN THE SECRETARIAT MEETING OF THE CONFEDERATION, TO BE HELD ON 22nd JULY

1.     LDC/UDC ISSUE:
            This Association had sent an appeal to the Prime Minister in the year 2010 on the issue. And the PM’s Office forwarded the same to the DoPT vide PMO letter 4/3/2010-PMP4/158890 dated 18/05/2010 for action. When DoPT has not taken any action till the last year, we sought action taken information of the aforesaid letter under RTI.  DoPT has informed us that no such letter has been received by them. The Association has collected the proof of the receipt of the letter at DoPT from the PM’s Office under RTI.  According to which The Association has again sought information from DoPT on the matter under RTI. But DoPT repeated their earlier reply of not receiving the letter at DoPT. Following this, Association has written a second letter to the Prime Minister, enclosing all copies of the RTI letters, for immediate action.

            This issue has been posted in all the web sites related to the Central Government Employees issue viz. Central Government Employees News, Gconnect, karnmk.blogspot.com, staffcorner.com, gservants.com, govtempdiary.com etc, and posted hundreds of comments by the readers, requesting the Confederation to take up the issue in its own seriousness.

          Meanwhile, Rajasthan State Government has upgraded the grade pay of LDC & UDC to 2400 & 2800 respectively.

            We request the Confederation to take concrete decision in this connection.

(Copies of the correspondence made so far has already been sent to your e-mail id)

2.    Granting of MACP on Hierarchical basis:

            Chandigarh CAT has given judgment in favour of granting MACP on hierarchy basis and the high court of Chandigarh upheld the decision. The Supreme Court dismissed the special leave petition filed by the Government on this issue. This led a photocopy operator to get 2nd MACP on hierarchy basis.

            By citing this decision, 19 UDCs of defense Department filed a case at Principal CAT for granting MACP on hierarchical basis and the Principal CAT ordered the respective department to grant second MACP Rs. 4200/ i.e. on hierarchical basis to all these UDCs.

We request the Confederation to take a common decision on the implementation of these court judgments to all Central Government Employees affected with the MACP orders, which do not provide hierarchical grade pay.

(Copies of both of the judgments have already been sent to you by e-mail).
            
3.    Recognition of the Association:
            A letter along with its enclosures has already been sent to you on the matter. A copy of the same is again sent herewith. Meanwhile, the CEC meeting of the Association held at Pune on 19th July has decided to conduct the General Body Meeting in the month of November 2012. In case a favorable decision not received till the General Body Meeting the Assistants will be excluded from attending the meeting as delegates so as to get recognition to the Association. However, the meeting has decided to send letters to the Secretary, Ministry of Statistics by all Units of the Association, demanding the continuation of the existing status since there is no provision for de-recognition of already identified distinct category in the CCS RSA Rules.

          It is requested to please take suitable action at Confederation level to continue the status of the existing Association so that the Assistants including myself may take part in the next General Body Meeting as a delegate.

4. Granting of Rs. 4200/ grade pay to UDCs of subordinate offices.

The details of the case has already been put up in the Kolkata Conference and according resolution was passed.

5. Parity in pay scales of the Ministerial and Stenographers between Subordinate & CSS.

The details of the case has already been put up in the Kolkata Conference and according resolution was passed.

6. Implementation of Cadre restructuring before constitution of 7th CPC.

The details of the case has already been put up in the Kolkata Conference and according resolution was passed.


(TKR Pillai)

General Secretary
Mob. 09425372172

Monday, July 15, 2013

COMPASSIONATE APPOINTMENT

Recruitment Rules - Deputation, Qualifying Service, Promotions, Absorption etc.: FAQ by DoPT


No. AB.14017/13/2013-Estt. (RR) (1349)
Government of India
Ministry of Personnel, PG & Pensions (Department of Personnel & Training)
North Block, New Delhi

FAQs on Recruitment Rules
  

1. What are Recruitment Rules?
Ans. Recruitment Rules are rules notified under proviso to Article 309 or any specific statutes for post(s) prescribing inter alia the method of Recruitment and eligibility for such recruitment. It contains notification part having substantive rules and schedule part (as per prescribed Annexure-I). Recruitment Rules are subordinate legislation and so, they are statutory in nature.

2. What are Service Rules?
Ans. Service Rules are Recruitment Rules for any of the Organized Central Services covering many aspects including constitution of the Service, seniority, probation and other conditions of service.

3. Whether Recruitment Rules are applicable retrospectively?
Ans. The legal position is that the posts are to be filled up as per the eligibility conditions prescribed in the Recruitment Rules in force at the time of occurrence of vacancies unless the Recruitment Rules are amended retrospectively. The practice has however been to give effect to the Recruitment Rules prospectively.

4. Why are Recruitment Rules framed?
Ans. As soon as decision is taken to create a new post/ service to upgrade any post or re-structure any service, the Recruitment Rules/ Service Rules are framed. Any post is filled up as per the provisions of the Recruitment Rules/ Service Rules.

5. Why are Recruitment Rules amended?
Ans. Revision in the Recruitment Rules is made by way of amendment to incorporate changes due to implementation of Central Pay Commission Report, modification of orders/ instructions on the subject, creation/ abolition of posts etc. during the intervening period.

6. How Recruitment Rules are framed/ amended?
Ans. Recruitment Rules for Group ‘A’ & ‘B’ posts/ service are framed/amended by the administrative Ministry/Department in consultation with Department of Personnel & Training, Union Public Service Commission and Ministry of Law (Legislative Department) and approval of competent authority in the Ministry/ Department to be obtained.

7. Why and how are Recruitment Rules relaxed?
Ans. The power to relax clause in the Recruitment Rules/ Service Rules provides the authority to relax the rules in respect of class or category of person.  The administrative Ministry/ Department may resort to relaxation of the rules consultation with Department of Personnel & Training and Union Public Service Commission.

8. Who is competent authority to frame/amend the Recruitment Rules?
Ans. All Recruitment Rules including their amendments should be approved at the level of Minister-in-charge, unless the Minister has by general or special order delegated such approval at a lower level(s).

9. Who is competent authority to frame/amend the Recruitment Rules of Group 'C' posts?
Ans. Administrative Ministries/ Departments are empowered to frame/ amend the Recruitment Rules in respect of Group 'C' posts keeping in view the guidelines/ Model Recruitment Rules issued by this Department on various aspects. In case of deviation from existing guidelines/ Model Recruitment Rules, the concurrence of Department of Personnel & Training is to be obtained.

10. Who is competent authority to relax the Recruitment Rules of Group 'C' posts?
Ans. The Ministries/ Departments are competent to relax the Recruitment Rules for Group 'C' posts. The provisions governing upper age limit or qualifications for direct recruitment should not however be relaxed without prior concurrence of Department of Personnel & Training.

11. What is the format/ procedure to send the proposal for consultation with Department of Personnel & Training for framing/amendment of Recruitment Rules?
Ans. Proposal for framing/ amendment of Recruitment Rules fs r Group 'A' & Group 'B' posts (except Service Rules) is sent to Department f Personnel & Training, first, on-line under Recruitment Rules Framing Amendment and Monitoring System (RRFAMS) of the on-line services of Department of Personnel & Training. After approval of on-line Recruitment Rules in Department of Personnel & Training, the proposal is referred by the Administrative Ministry/ Department in a file with a self-contained note accompanied inter alia the following: -
(i) Check-list for sending proposal to Department of Personnel & Training.
(ii) Copy of the report of freezed on-line Recruitment Rules.
(iii) Draft Recruitment Rules including notification and Schedule 1 (for posts other than those in the Organized Services) in the proforma in Annexure I.
(iv) Supporting particulars in Annexure II (for framing of Recruitment Rules)/ Annexure-III (for amendment of Recruitment Rules), as prescribed in Department of Personnel & Training OM No. AB.14017/48/2010-Estt.(RR) dated 31.12.2010.
(v) Recruitment Rules for the feeder posts(s) and the higher post, if any.
(vi) Present sanctioned strength of the post for which rules are being framed/ amended as also of the lower and higher posts.

12. What are model Recruitment Rules?
Ans. Model Recruitment Rules for a number of common categories of posts have been framed in consultation with Union Public Service Commission, wherever required. While framing/ amending Recruitment Rules for such posts, the model rules should be adhered to.

13. What is procedure for consultation with Union Public Service Commission?
Ans. After obtaining the concurrence of the Department of Personnel & Training, the Administrative Ministry / Department should refer the draft Recruitment Rules for posts/ services which are within the purview of the Union Public Service Commission in a self-contained letter to the Commission, along with the information in the prescribed proforma (Check list, Annexure II/ Annexure-III etc.). It should be stated in the letter to the Commission whether the clearance of the Department of Personnel & Training (and also the Department of Pension & Pensioners' Welfare were required) ha been obtained in respect of the proposals in question.

14. What is initial constitution clause in Recruitment Rules?
Ans. In cases where a new service is formed and the Recruitment Rules are framed for the first time and that there are officers already holding different categories of posts proposed to be included in the service on regular / long term basis, a suitable 'Initial Constitution' Clause may be inserted in the Notification so as to count the regular service rendered by such officers before the date of notification of the Rules.

15. Whether reservation, relaxation of age limit and other concessions for special categories of persons are applicable in Recruitment Rules .
Ans. These concessions in recruitments are made applicable by inserting the following 'Saving Clause' in the covering notification of the Recruitment Rules:-
"Nothing in those rules shall affect reservations, relaxation of age-limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, Ex-servicemen and other special categories of persons, in accordance with the orders issued by the Central Government from time to time in this regard".

16. What is the schedule in Recruitment Rules?
Ans. The schedule of Recruitment Rules of post(s) is a 13 columns table as per prescribed Annexure-I (vide OM No. AB-14017/48/20l0-Esft. (RR) dated 3 1.12.2010) containing details of the post(s) along with method of recruitment and eligibility criteria. The prescribed schedule is used for post(s) which are not covered by any organized service.

17. What is notification part of Recruitment Rules?
Ans. Notification of Recruitment Rules contains the substantive rules which include the provisions related to title, date of commencement, enabling provision for applicability of schedule, disqualification clause, power to relax clause, saving clause and any other rule specific to a post viz, initial constitution clause, liability for all-India Service etc.

18. What are the upper age limits prescribed for Direct Recruitment?
Ans. The upper age limits for different posts depend upon the nature of duties, educational qualifications and experience requirements as prescribed in this Department OM No. AB- 14017/48/201 0-Estt (RR) dated 31 .1 2.2010 (Para 3.7.4.1 & 3.7.4.2).

19. What are relaxations available for upper age limit in direct Recruitment Rules?
Ans. A provision is prescribed in the recruitment rules for relaxation of the upper age-limit for departmental candidates up to 40 years for appointment by direct recruitment to Groups C posts and for Government servants up to 5 years for direct recruitment to Groups A and B posts:

20. How to calculate crucial date for age limit?
Ans. In the case of recruitment through the Union Public Service Commission and the Staff Selection Commission, the crucial date for determining the age- limit shall be as advertised by the UPSC / SSC. In the case of other recruitment, the crucial date for determining the age-limit shall be the closing date for receipt of applications from candidates in India (and not the closing date prescribed for those in Assam etc.).

21. How is the educational and other qualification required for direct recruit fixed?
Ans. The minimum educational qualifications and experience required for direct recruitment may be indicated as precisely as possible and if necessary, into two parts, viz., “Essential Qualifications” and “Desirable Qualifications” taking into account the pay band! grade pay and the nature of duties, and the provisions in the approved Recruitment Rules for similar higher and lower posts in the same hierarchy.

22. Whether the educational qualifications prescribed for direct recruits are applicable to promotees?
Ans. The educational qualifications are not generally insisted upon in the case of promotion to posts of non-technical nature; but for scientific and technical posts, these should be insisted upon, in the interest of administrative efficiency, at least in the case of senior Group A posts in the Pay Band-3 Grade Pay Rs. 6600 and above. Sometimes the qualifications for junior Group A posts and Group B posts may not be insisted upon in full but only the basic qualification in the discipline may be insisted upon.

23. Whether any age limit prescribed for promotion?
Ans. Unless there are any specific grounds, the age limit prescribed for direct recruits are not insisted upon in the case of promotees.

24. When probation for appointment to a post/service in Central Government is prescribed? What is the duration of probation?
Ans. The probation is prescribed when there is direct recruitment, promotion from one Group to another e.g. Group B to Group A or officers re-employed before the age of superannuation. There will be no probation for promotion from one grade to another but within the same group of posts e.g. from Group ‘C’ to Group ‘C’ and for appointment on contract basis, tenure basis, re-employment after superannuation and absorption. The period of probation is as prescribed in this Department OM No. AB-14017/48/2010-Estt (RR) dated 3 1.12.2010 (Para 3.10.1 & 3.10.2).

25. What are the methods of recruitments?
Ans. The different methods of recruitment are:
(a) Promotion
(b) Direct Recruitment
(c) Deputation
(d) Absorption
(e) Re-employment
(f) Short-term contract

26. How is the method of recruitment or percentage of vacancies to be filled by various methods of recruitment decided?
Ans. The percentage of vacancies to be filled by each method that may be prescribed for a particular post or Service depend on a judicious blending of several considerations, e.g.,
(i) the nature of duties, qualifications and experience required;
(ii) the availability of suitable personnel possessing, the requisite qualifications and experience within a cadre. .
(iii) The need for ensuring that suitable incentives exist for the maintenance of an adequate standard of efficiency in the cadre;
(iv) Consideration of the question whether, having regard to the role to be performed by a specified cadre or Service, it is necessary to provide for direct intake of officers at an appropriate level with a view to injecting fresh knowledge and experience that may not be normally available in a particular Service or Department etc.
(v) The proper mix of the six methods of recruitment i.e. (a) promotion (b) direct recruitment (c) deputation (d) absorption (e) re-employment (I) short-term contract (mentioned at (a) to (f) above).

27. What is promotion?
Ans. Promotion is method of recruitment from feeder grade post(s) to higher post in the hierarchy as per the provisions of the Recruitment Rules. If promotion is kept as a method of recruitment, it is also necessary to lay down the number of years of qualif5ring service before the persons in the field become eligible for promotion. Only regular, and not ad hoc, period of service is taken into account for purposes of computing this service.

28. What is Direct Recruitment?
Ans. Direct recruitment is the recruitment which is open to all candidates, eligible as per the provisions regarding age, educational qualification! experience etc. as prescribed in Recruitment Rules.

29. What is Deputation?
Ans. Deputation is a method of recruitment where officers of Central Government Departments or State! UT Governments from outside are appointed to post(s) in Central Government for a limited period, by the end of which they will have to return to their parent cadres. In case of isolated post, it is desirable to keep the method of recruitment of deputation! short term contract as otherwise the incumbents of such posts, if directly recruited, will not have any avenue of promotion! career progression.

30. What is short term contract?
Ans. Short term contract is also a form of deputation where officers from non-
Government bodies e.g. universities, research institutions, public sector undertakings for teaching, research, scientific and technical post(s) can come to Central Government posts.

31. Whether absorption and Deputation are synonymous? What is absorption?
Ans. Absorption and deputation are not synonymous. There is a substantial difference between absorption and deputation. Under the provision absorption, the officer, who initially comes on deputation, may be permanently absorbed in the post! grade if recruitment rules prescribe for absorption as mode of recruitment. Such absorption can be effected only in the case of officers who are on deputation from the Central I State Government.

32. What is composite method of recruitment?
Ans. In cases where the field of promotion or feeder grade consists of only one post, the method of recruitment by “deputation (including short-term contract) / promotion” is prescribed so that the eligible departmental officer is considered along with outsiders. If the departmental candidate is selected for appointment to the post; it is to be treated as having been filled by promotion; otherwise, the post is to be filled by deputation I short-term contract for the prescribed period of deputation / short-term contract at the end of which the departmental officer will again be afforded an opportunity to be considered for appointment to the post.

33. How is field of deputation decided?
Ans. The field for “deputation! short-term contract! absorption should, as far as possible, consist of officers holding analogous posts on regular basis but may be widened to include officers working in the next lower grade also with the qualifying service on regular basis normally prescribed for promotion.

34. How is the period of qualifying service for promotion decided?
Ans. The qualifying service for promotion from one grade to another is necessary so that there is no premature promotion or undue jump in pay and also to ensure that the officer has sufficient opportunity to demonstrate his competence/potential for holding the higher post. The period of qualifying service varies from post to post depending upon the scale of pay and the experience, required for manning the higher post. Broadly, the following qualifying service to be followed is prescribed in this Department OM No. AB1 4017/48/2010-Estt (R.R) dated 31.12.2010 (para 3.12.2).

35. What is the maximum age limit for Deputation?
Ans. The maximum age limit for appointment on deputation (including short term contract) or absorption shall be not exceeding 56 years as on the closing date of receipt of applications.

36. What is the crucial date for determination of eligibility of absorption) deputation?
Ans. The guidelines for crucial date for determination of eligibility for absorption! deputation are as follows: -
(i) In the case of a vacancy already existing at the time of issue of the communication inviting nominations, the eligibility may be determined with reference to the last date prescribed for receipt of nominations in the Ministry/ Department! Organization responsible for making appointment to the post i.e. originating Ministry etc.
(ii) In the case where a vacancy is anticipated, the crucial date for determining eligibility should be the date on which the vacancy is expected to arise.

37. How is Departmental Committee formed?
Ans. When promotion is kept as a method of recruitment, the detailed composition of the Departmental Promotion Committee, with minimum 3 officers, may be indicated. In the case of promotion to Group ‘A’ posts, the Union Public Service Commission shall also be associated. The total strength of DPC including Chairman need not necessarily be an odd number, as the decision is to be taken as a joint one.

38. What are the circumstances in which Union Public Service Commission is to be consulted for recruitment?
Ans. 1.JPSC is required to consult in case of recruitment to all Central Civil Services and Central Civil Posts. Exemption from Consultation with Union Public Service Commission is governed by the Union Public Service Commission (Exemption from Consultation) Regulations, 1958 as amended from time to time and the Central Civil Services and Civil Posts (Consultation with Union Public Commission) Rules, 1999 as amended. Some of the circumstances in which the Union Public Service Commission are to be consulted in making recruitment to the posts are illustrated below: (i) Direct Recruitment,
(ii) Re-employment,
(iii) Absorption,
(iv) Composite method of recruitment (i.e. where the departmental candidate
is to be considered along with outsiders),
(v) In case of deputation — (a) if the field for consideration includes State Government Officers or Group ‘A’ & ‘B’ officers of the Central Government simultaneously and (b) if the field for consideration consists of not only Central/State Government officers but also officers from nonG overnment institutions
(vi) Any relaxation or amendment of the provisions of the Recruitment Rules.

39. Whether recruitment to a post can be made in absence of recruitment rules of a post?
Ans. If there are overriding compulsions for filling any Group A or Group B post in the absence of Recruitment Rules, then the Ministries! Department may make reference to Union Public Service Commission for determination of method of recruitment as a onetime measure for filling up of a post on regular basis.

40. What are the limits for notification of Recruitment Rules?
Ans. 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.

41. What needs to be done in case where posts are transferred to some other Ministries/ Departments?
Ans. The Ministry/Departments concerned should mutually agree for transfer of the posts and the same should be concurred by Department of Expenditure. Thereafter, the existing RR needs to be de-notified in consultation of Department of Personnel & Training, Union Public Service Commission and Ministry of Law. Suitable recruitment rules in the transferred Department may be framed? amended following due procedure.

Source : www.persmin.nic.in

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