Treatment of period of Leave towards minimum residency period for in-situ promotion under Modified Flexible Complimenting Scheme (MFCS)

AB-14017/32/2013-Estt.(RR)
Government of India
Department of Personnel and Training

New Delhi, the February, 2019

OFFICE MEMORANDUM

Sub: Treatment of period of Leave towards minimum residency period for in-situ promotion under Modified Flexible Complimenting Scheme (MFCS)

The undersigned is directed to refer to DoPT OM of even number dated 30.07.2014 regarding the subject mentioned above. Representations have been received seeking clarifications regarding treatment of Child Care Leave as per extant instructions towards minimum residency period.

2. The matter has been examined in consultation with Department of Science and Technology and the following clarification is issued:

Clause (v) of Para 4 of OM AB 14017/32/2013-Estt.(RR) dated 30.07.2014 may be replaced with the following clauses:

“(v) Earned Leave for a total period of not exceeding 180 days (for 3 year residency period), 210 days (for 4 year residency period) and 240 days (for 5 year residency period) sanctioned as per Leave Rules shall also be taken into account while computing minimum residency period.

(va) Child Care Leave sanctioned as per Rules shall also be taken into account while computing minimum residency period”.

3. For removal of doubts, it is clarified that the above said modifications will be effective from 30.07.20 14, i.e. from the date of issue of the said OM.

sd/
(G. Jayaithi)
Joint Secretary to the Government of India

View CCL Order

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Implementation of Governments decision on the recommendations of the Seventh Pay Commission-Revision of rate of Training Allowance

No.13024/01/2016-Trg. Ref.
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
[Training Division (IST/IIPA)]

Block-4, Old JNU Campus
New Mehrauli Road, New Delhi-67

Dated: November 12, 2018

OFFICE MEMORANDUM

Subject: Implementation of Government’s decision on the recommendations of the Seventh Pay Commission – Revision of rate of Training Allowance.

In continuation of this Department’s O.M. No.13024/01/2016-Trg. Ref dated October 24, 2017 on the subject cited above, the undersigned is directed to state that the contens of para I (ii) and (iii) of the said O.M. may be read as follows:

Also check: Training Allowance – Revised Rates for JCOs/OR

Para I 9ii): “Training Allowance will be admissible only to faculties who join the training academies/institutions/establishments for imparting training for a specified period of time and are then likely to go back”

Para I (iii): ” Training Allowance will not be admissible to those permanent faculties of training academies/institutions/establishments who have been recruited directly by the training academies/institutes/establishments for imparting training”

2. The concurrence of the Comptroller and Auditor General of India has also been obtained their UO No.124 —–/—-/–/03-2017/Vol.II dated July 2, 2018.

3. This issues with the approval of the Competent Authority.

sd/-
(Biswajit Banerjee)
Under Secretary to the Government of India

Click to view order as pdf

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Cases of promotion taking place in the pre-revised pay structure between 01.01.2006 and the date of notification of RS(RP)Rules, 2008

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E-Mail : nc.jcm.np@gmail.com

No.NC/JCM/2018

Dated: November 6, 2018

The Secretary(Exp.),
Ministry of Finance,
Department of Expenditure,
New Delhi

Dear Sir,
Sub: Cases of promotion taking place in the pre-revised pay structure between 01.01.2006 and the date of notification of RS(RP)Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and feeder posts in a common grade – Fixation of Pay – Reg.

Ref.: MoF(Deptt. of Exp.)’s OM No.7/14/2010-E.III(A) dated 05.07.2010 and OM No.F-2-1/2015-E.III (A) dated 16.10.2015

Kindly call for my earlier letter of even number dated 18th January, 2018(copy enclosed), through which your kind attention was drawn towards MoF(Deptt. of Exp.)’s OM No.-F-2-1/2015-E.III(A) dated 16.10.2015, whereby it was decided that, in cases where promotion took place in the pre-revised pay structure during the period between 01.01.2006 and the date of notification of CCS(RP) Rule, 2008 and subsequently promotional grade merged with the feeder grade consequent upon promulgation of the CCS(RP) Rules, 2008, the benefit of pay fixation shall be allowed under Rule-13 of CCS(RP) Rules, 2008.

In this connection, it is stated that, some of the government employees, who have got promotion/financial upgradation between 01.01.2006 and date of notification of the CCS(RP) Rules, 2008, exercised their option to switch over to 6th CPC from the date of such promotion/financial upgradation, instead of 01.01.2006 as per option provided vide Deptt. of Expenditure’s OM supra dated 05.07.2010, as the same was more beneficial to them at that time. In this connection, it is pertinent to mention here that, initially they opted to switch over to revised pay structure w.e.f 01.01.2006 prior to issuance of OM dated 05.07.2010. As they were not aware with the fact that any such benefit of pay fixation under Rule-13 would be extended in future as has been provided vide Deptt of Expenditure’s OM dated 16.10.2015, then they would not have exercised their option to switch over to CCS(RP) Rules, 2008 w.e.f. from their respective dates promotion/ financial upgradation, as per the option provided vide Deptt of Expenditure’s OM dated 05.07.2010.

Further, as per instruction of Deptt. of Expenditure’s OM dated 16.10.2015, the benefit of pay fixation is being allowed under Rule-13 of CCS(RP) Rules, 2008 in those cases where promotional/financial upgradation took place in the pre-revised pay structure between 01.01.2006 and the date of notification of CCS(RP) Rule, 2008.

However, benefit of pay fixation allowed under Rule-13 of CCS(RP) Rules, 2008, as the provision of Deptt. of Expenditure’s OM dated 16.10.2015, is not being extended to those employee who have opted to switched over to the Railway Servant(RP) Rules, 2008, with effect from the date of promotional/financial upgradation instead of 01.01.2006, by exercising the option made available vide Deptt. of Expenditure’s OM dated 05.07.2010 (as mentioned in para 2 above), although fulfilling other conditions for getting the benefit of fixation as per the instructions contained in Deptt. of Expenditure’s OM dated 16.10.2015.

It has also come to our knowledge that, some of the Railways have made a reference on this issue, seeking clarification regarding extending the benefit of the above-mentioned fixation to these employees after providing opportunity for re-option to switched over to the RS(RP) 2008 (or CCS(RP)Rule, 2008) w.e.f. 01.01.2006 instead of any subsequent date opted earlier. It is also understood that, Railway Board (Ministry of Railways) has referred this clarification to the Deptt. of Expenditure(Ministry of Finance).

Earlier, in similar cases, whenever Deptt. of Expenditure’s OM brings about a material change in the basis for exercise of option to come over to revised pay structure/unforeseen developments and change of rule in terms of the CCS(Revised Pay) Rules, opportunity to revise their option to come over to revised pay structure has always been given(as it was given through Deptt. of Expenditure’s OM dated 03.11.2013).

Also, it is also is heard that, DoPT is agreed that, re-fixation of pay for merged post under Rule-13 of CCS(RP) Rules-2008, on the basis of Department of Expenditure’s OM No.-F-2-1/2015-E.III(A) dated-16.10.2015, were unforeseen developments/change of rule. This brings a material change in the basis for exercise of option to come over to the revised pay structure.

Hence, it is very clear that, Deptt. of Expenditure’s OM dated 16.10.2015, brings a material change in the basis for exercise of option to come over to revised pay structure, unforeseen developments and change of rule in terms of the Railway Services(Revised Pay) Rules, 2008. Hence, it is demanded that, opportunity to revise their option to come over to revised pay structure, under the rule of the CCS(RP) Rules, 2008, w.e.f. 01.01.2006, may be given to those employees who are covered under the said letter dated 16.10.2015, as it is more beneficial for them as now.

In view of the above, it is requested that, necessary clarifications in this regard may kindly be communicated to all the Ministries/Departments of the Government of India, so that, aggrieved staff can get an opportunity to re-exercise their option, under Rule-6 of the CCS(RP) Rule, 2008, to switch over to CCS(RP) Rules, 2008, w.e.f. 01.01.2006, and get benefit of pay fixation provided vide Deptt. of Expenditure’s OM dated 16.10.2015, so as to avoid financial loss to the affected staff.

Sincerely Yours,
sd/-
(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)

Source: http://ncjcmstaffside.com

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“Many Government employees in Level 6 to Level 8 of the Pay Matrix had inadvertently travelled by air on LTC during the intervening period from 13.07.2017 to 19.09.2017″

“Relaxation to this Department’s O.M. of even no. dated 19.09.2017, it has been decided to allow the claims of the Government employees in Level 6 to Level 8 of the Pay Matrix, who had travelled by air as per the revised TA rules while availing LTC during 13.07.2017 to 19.09.2017”

Read DoPT Order dt. 19.9.2017: Travel entitlements of Government employees for the purpose of LTC post Seventh Central Pay Commission – clarification reg.

Read also Finmin Order dt. 13.7.2017: Travelling Allowance Rules – Implementation of the Seventh Central Pay Commission

Now read the latest Clarification Orders issued by DoPT…

Travel entitlements of Government employees for the purpose of LTC post Seventh Central Pay Commission – clarification regarding

No.3101 1/8/2017-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-IV Desk

North Block New Delhi.
Dated October 18, 2018

OFFICE MEMORANDUM

Subject: Travel entitlements of Government employees for the purpose of LTC post Seventh Central Pay Commission – clarification reg.

The undersigned is directed to refer to this Department’s O.M.of even no. dated 19.09.2017 on the subject noted above, which inter-alia provides that the travel entitlements of Government servants for the purpose of LTC shall be the same as TA entitlements as notified vide Ministry of Finance’s O.M. No. 19030/1/2017-E.IV dated 13.07.2017, except the air travel entitlement for Level 6 to Level 8 of the Pay Matrix, which is allowed in respect of TA only and not for LTC.

2. It is observed that many Government employees in Level 6 to Level 8 of the Pay Matrix had inadvertently travelled by air on LTC during the intervening period from 13.07.2017 to 19.09.2017 (i.e. post issue of MoF’s O.M. dated 13.07.2017 and before the issue of DoPT’s O.M. dated 19.09.2017) under the impression that they were entitled for air travel as per the revised TA rules. This Department is in receipt of references from the Government employees and various Ministries/Departments seeking relaxation in respect of such Government employees in view of the hardships faced by them in settlement of their LTC claims.

3. The matter has been examined in this Department in consultation with Department of Expenditure. In relaxation to this Department’s O.M. of even no. dated 19.09.2017, it has been decided to allow the claims of the Government employees in Level 6 to Level 8 of the Pay Matrix, who had travelled by air as per the revised TA rules while availing LTC during 13.07.2017 to 19.09.2017. This shall be subject to the fulfillment of other conditions of air travel on LTC such as booking of air tickets through the authorised modes, fare limit of LTC80, etc.

4. Hindi version will follow.

sd/-
(Surya Narayan Jha)
Under Secretary to the Government of India

View order

Source: https://dopt.gov.in/

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• Transport Allowance and Daily Allowance (TA/DA) for Pay Matrix Level 13A – Finmin Orders on 4.9.2017
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F.No.11013/4/2018-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment Division

North Block, New Delhi
Dated 11 October, 2018

OFFICE MEMORANDUM

Subject: Official dealings between the Administration and Members of Parliament and State legislatures – Observance of proper procedure.

The undersigned is directed to refer to this Department’s Office Memorandum No. 11013/4/2011-Estt.(A) dated 1st December 2011 subsequently reiterated vide D.O. letter dated the October 9, 2012 from Secretary (Personnel), O.M. No. 11013/2/2012-Estt.A dated 19.11.2014 and O.M. of even No. dated 7.02.2018 (copies enclosed) on the subject mentioned above and to reiterate these instructions for strict compliance on the recommendations of the Committee of Privileges, Lok Sabha in its Sixth Report tabled in the Lok Sahha on 20.12.201 7 and Committee on Violation of
Protocol Norms and Contemptuous Behaviour of Government Officers with Members of Lok sabha in its Fourth and Fifth Report tabled in the Lok Sabha on 01.08.2018.

2. All Ministries/ Departments are requested to ensure that instructions issued through aforementioned communications are followed by all officials concerned, both in letter and spirit. Violation of these guidelines will be viewed seriously.

3. Chief Secretaries of all States/ UTs are requested circulate these instructions to all State Government officials at the State/ Division and District levels and sensitize them with regard to their duties and obligations in so far as the movement of Members of Parliament in general and more particularly during Parliament sessions. It is also requested to periodically review implementation of these instructions.

4. Hindi version will follow

sd/-
(Nitin Gupta)
Under Secretary to the Government of India

Source: https://dopt.gov.in

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