No.AB-14017/15/2016-Estt.(RR)
Government of India
Ministry of Personnel P.G & pensions
Department of Personnel and Training

North Block, New Delhi
Dated: 17th Oct, 2016

OFFICE MEMORANDUM

Sub: Recommendations of Seventh CPC with regard to Firefighting Staff.

The undersigned is directed to refer to para.7.7.24 of the report of 7th CPC wherein it has been recommended for drafting of Model Recruitment Rules for the Firefighting Staff of all Central Government Departments and UTs with similar designation and pay structure.

2. In view of the above it is requested to furnish information on the following points:

I. Whether Firefighting Staff is existing, if yes, the hierarchy and the strength in each grade/level thereof;

II. Copy of the existing Recruitment Rules for all the levels.

III. Comments on the recommendations of 7th CPC.

sd/-
(Shukdeo Sah)
Under Secretary (RR-II)

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F.No. 6/4/2014 CS I(S)
Government of India
Ministry of Personnel PG & Pensions
Department of Personnel & Training

2nd Floor, Lok Nayak Bhawan, Khan Market
New Delhi, the 16th September, 2016

OFFICE MEMORANDUM

Subject: Grant of Non Functional Scale (NFS) to Section Officers of CSS regarding.

The undersigned is directed to say that pursuant to issue of OM No. 5/4/2005 CS I(S) dated 21.04.2014 by this Department on the subject mentioned above, doubts have been raised by some Ministries/Departments regarding procedure to be followed for grant of NFS to Section Officers of CSS.

2. In this connection, it is reiterated that regular Section Officers of CSS with 4 years of approved service would be considered for grant of NFS subject to vigilance clearance only in terms of this Department’s OM No. 21/36/03 CS I dated 13.11.2003 and 5/4/2005-CS.I dated 25.01.2006. The word DPC wherever appearing in OM dated 21.04.2014 may be ignored.

3. This issues with the approval of Secretary (P)

sd/-
(Chandra Shekhar)
Under Secretary to the Govt of India
Ph: 24624046

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No. 28020/1/2010-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated 17th August, 2016

OFFICE MEMORANDUM

Subject: Technical Resignation & Lien- Consolidated guidelines.

The undersigned is directed to refer to this Department’s OM of even number dated the 26th December, 2013 on the above subject and to say that guidelines/ instructions regarding Technical Resignation have been issued from time to time. It is now proposed to further consolidate these instructions, as the Department continues to receive frequent references on these issues.

2.1 Technical Resignation

2.1.1 As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965, the resignation is treated as a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department, and is on selection, required to resign the previous post for administrative reasons. The resignation will be treated as technical resignation if these conditions are met, even if the Government servant has not mentioned the word “Technical” while submitting his resignation. The benefit of past service, if otherwise admissible under rules, may be given in such cases. Resignation in other cases including where competent authority has not allowed the Government servant to forward the application through proper channel will not be treated as a technical resignation and benefit of past service will not be admissible. Also, no question of benefit of a resignation being treated as a technical resignation arises in case of it being from a post held on ad hoc basis.

2.1.2 This benefit is also admissible to Government servants who have applied before joining the Government service and on that account the application was not routed through proper channel. The benefit of past service is allowed in such cases subject to the fulfillment of the following conditions:

(i) the Government servant should intimate the details of such application immediately on their joining;

(ii) the Government servant at the time of resignation should specifically make a request, indicating that he is resigning to take up another appointment under the Government for which he applied before joining the Government service;

(iii) the authority accepting the resignation should satisfy itself that had the employee been in service on the date of application for the post mentioned by the employee, his application would have been forwarded through proper channel.

(DOPT’s O.M.No.13/24/92-Estt(Pay-1) dated 22.01.1993)

2.2 Carry forward of Leave benefits

(i) In terms of Rule 9(2) of the CCS (Leave) Rules, 1972, technical resignation shall not result in the lapse of leave to the credit of the Government servant. The balance of unutilized Child Care Leave(CCL) as well as all other leaves of the kind due &admissible will be carried forward.

(ii) As per rule 39-D of the CCS(Leave) Rules,1972, in case of permanent absorption in PSUs/ Autonomous Bodies/ State Government etc., the Government servant shall be granted cash equivalent of leave salary in respect of EL & HPL at his credit subject to overall limit of 300 days.

2.3 Carry forward of LTC

Entitlement to LTC may be carried forward in case of a Central Government Servant who joins another post after having submitted Technical Resignation. In case of a Government Servant who resigns within 8 years of his appointment and joins another post in the Government after Technical Resignation, the Government Servant will be treated as a fresh recruit for a period of 8 years from the date of his initial appointment under Government. Thus if a Government Servant joins another Department after serving in Government for 4 years, he will be treated as a fresh recruit for 4 years in the new Department.

2.4. Pay Protection, eligibility of past service for reckoning of the minimum period for grant of Annual Increment

In cases of appointment of a Government servant to another post in Government on acceptance of technical resignation, the protection of pay is given in terms of the Ministry of Finance OM No. 3379-EMI (B)/65 dated the 17th June,1965 read with proviso to FR 22-B.

Thus, if the pay fixed in the new post is less than his pay in the post he holds substantively, he will draw the presumptive pay of the pay he holds substantively into account for FR-9(24). 24). Past service rendered by such a Government servant is taken the minimum period for grant of annual increment in the new post/ se ice! cadre In Government under the provisions of FR 26 read with Rule 10 of CCS (RP) case the Government servant rejoins his earlier posts, he will be entitled to increments for the period of his absence from that post.

2.5 GPF transfer

Transfer of GPF on technical resignation would be governed by Rule 35 of the General Provident Fund (Central Services) Rules, 1960.

2.6 Seniority

On technical resignation, seniority in the post held by the Government servant on substantive basis continues to be protected. However, in case of a Government servant deciding to rejoin his substantive post, the period spent in another department which he had joined after submitting his technical resignation will not count for minimum qualifying service for promotion in the higher post.

2.7 Applicability of Pension Scheme

In cases where Government servants, who had originally joined government service prior to 01.01.2004, apply for posts in the same or other Departments and on selection they are asked to tender technical resignation, the past services are counted towards pension if the new post is in a pensionable establishment in terms of Rule 26(2) of the CCS(Pension) Rules, 1972. They will thus continue to be covered under the CCS(Pension) Rules, 1972 even if they join the new post after 1.1.2004.

(Department of Pension & Pensioners Welfare’s O.M.No.28/30/2004-P&PW(B) dated 26.07.2005)

2.8 New Pension Scheme

In case of `Technical Resignation’ of to their Personal Retirement Account (PRA) Pension System (NPS), the balance standing along-with their PRAN will be carried forward to the new office.

2.9 Transfer of Service Book from parent Department to present Department.

As per SR – 198, the Service Book is to be maintained for a Government servant from the date of his/her first appointment to Government service and it must be kept in the custody of the Head of Office in which he is serving and transferred with him from office to office.

2.10 Need for Medical examination.

In cases where a person has already been examined by a Medical Board in respect of his previous appointment and if standard of medical examination prescribed for the new post is the same, then he need not be required to undergo a fresh examination

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No 49014/2/2014 – Estt(C)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 28thJuly, 2016

OFFICE MEMORANDUM

Subject: Casual labourers with temporary status — clarification regarding contribution of GPF and Pension under the Old Pension Scheme.

The undersigned is directed to refer to this Department’s OM of even number dated 26thFebruary, 2016 on the above subject and to say that some references have been received in this Department from various Ministries/Departments seeking a clarification with regard to the Para 7 of the referred OM.

2. The OM was issued in consultation with Department of Expenditure and the Department of Pension and PW. It was clarified vide that OM that this Department’s 0.M dated 26thApril, 2004 had been quashed in a series of Orders/Judgements. The OM dated 26thFebruary, 2016 restores the provisions of the Scheme as it existed prior to the OM dated 26thApril, 2004. The benefit of GPF and Old Pension Scheme is applicable to all those casual labourers who are covered under the Scheme of the 10thSeptember, 1993 even if they have been regularized on or after 01/01/2004.

3. As the benefit of Old Pension Scheme and GPF is admissible only to those Casual workers who are covered under the Scheme of 1993, all Ministries/ Department may strictly ensure that it does not lead to demand by regularly recruited fresh employees appointed on or after 1.1.2004for similar benefit in place of NPS.

4. This issues with the concurrence of Department of Expenditure vide their I.D.No.1(15)/E-V/2015 dated 27.07.2016

sd/-
(Mukesh Chaturvedi)
Director(E)

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F.No.12/10/20 16-JCA2
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi
Dated the 05 July, 2016

OFFICE MEMORANDUM

Sub: Change of date of holiday on account of Id-ul-Fitr during 2016 for all Central Government administrative offices located at Delhi / New Delhi.

As per list of holidays circulated vide this Ministry’s 0.M.No.12/7/2015-JCA-2 dated the 11th June, 2015, the holiday on account of Id-ul-Fitr falls on Wednesday the 6th July, 2016. It has been brought to notice of this Ministry that in Delhi Id-ul-Fitr will be celebrated on 7th July, 2016. Accordingly, it has been decided to shift the Id-ul-Fitr holiday to 7th July, 2016 in place of 6th July, 2016 as notified earlier, for all Central Government administrative offices at Delhi / New Delhi.

2. For Offices outside Delhi / New Delhi the Employees Coordination Committee or Head of Offices (Where such committees are not functioning) can decide the date depending upon the decision of the concerned State Government.

Hindi version will follow.

sd/-
(DEBABRATA DAS)
Under Secretary

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