Exemption from payment of examination fee and application fee in respect of Persons with Benchmark Disabilities. -reg.

No.36035/2/2017 -Estt.(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi
Dated: August 23, 2019

Office Memorandum

Subject: Exemption from payment of examination fee and application fee in respect of Persons with Benchmark Disabilities. -reg.

The undersigned is directed to say that in a w.P. (Civil) No. 521/2008 with Civil Appeal No. 5389/2016, the Hon’ble Supreme Court, vide Judgment, dated 30.06.2016, inter alia, declared the Office Memorandum No. 36035/3/2004 – Estt.(Res) dated 29.12.2005, as illegal and inconsistence with the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This OM, among other, contained a provision for exemption from payment of application fee and examination fee in respect of Persons with Disabilities.

2. Thereafter, with the enactment of ‘THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016’ and issue of notification titled ‘THE RIGHTS OF PERSONS WITH DISABILITIES RULES, 2017’, this Department has issued an Office Memorandum No. 36035/2/2017-Estt.(Res), dated 15.01.2018, regarding reservation for Persons with Benchmark Disabilities, in the posts and services of the Central Government.

The said Office Memorandum dated 15.01.2018, however, does not contain any provision for exemption from payment of examination and application fee in respect of Persons with Benchmark Disabilities.

3. The issue has been deliberated upon at length in the Department and it has, now, been decided that the Persons with Benchmark Disabilities shall continue to be exempted from payment of application fee and examination fee, prescribed in respect of competitive examinations held by the Staff Selection Commission, the Union Public Service Commission, etc. for recruitment to various posts.

This exemption shall be available only to such persons who would otherwise be eligible for appointment to the post on the basis of standards of medical fitness prescribed for that post (including any concession specifically extended to the Persons with Benchmark Disabilities) and who enclose with the application form, necessary certificate from a competent authority in support of their claim of disability.

sd/-
(Debabrata Das)
Under Secretary to the Government of India

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The 47th Meeting of the National Council (JCM) was held on 13th April, 2019 under the Chairmanship of Shri P. K. Sinha, Cabinet Secretary, at Rail Bhawan, New Delhi. A list of the representatives of Staff Side and Official Side who participated in the meeting is annexed.

No.3/1/2019-JCA
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (JCA) Section

North Block, New Delhi – 110 001
Dated: 13th June, 2019

OFFICE MEMORANDUM

Subject: Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019.

The undersigned is directed to forward a copy of the minutes of the 47th Meeting of the National Council (JCM) held on 13th April, 2019 in Conference Hall, Rail Bhavan, New Delhi under the Chairmanship of Cabinet Secretary for information and necessary action.

Encl.: As above

(Juglal Singh)
Deputy Secretary to the Govt. of India

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“The officers who are appointed on contract in various posts under the Central Government will be allowed encashment of earned leave at their credit on the date of termination of contract, subject to the condition that for each completed year of service put in by him in the post in such contract appointment, not more than 10 days benefit of earned leave encashment shall be permissible.”

No.14028/1/2019-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

Date: 20th June, 2019

Office Memorandum

Subject: Leave encashment to officers appointed on contract in various posts under Government – regarding

The undersigned is directed to say that the leave terms of the officers appointed on contract in various posts under the Government are governed by DoPT’ s OM No.12016/ 3/84-Estt.(L) dated 12.04.1985 which was subsequently amended vide OMs No. 12016/1/ 90-Estt. (L) dated 05.07.1990, No.12016/ 2/ 99-Estt(L) dated 12.07.1999 and No.12016/ 5/ 2009-Estt.(L) dated 31.01.2011.

2. Para 2 of the OM dated 12.04.1985 prescribed the limit of encashment of earned leave upto a maximum period of 180 days during the contract period of such officers which was amended vide OMs dated 05.07.1990 and 12.07.1999 thereby increasing the maximum permissible encashment limit of earned leave upto 240 days and 300 days respectively. Para 3 of the above OM dated 12.04.1985 prescribed that the total earned leave for which encashment may be allowed together with the earned leave or full pay lave or which encashment had been allowed in previous appointments, if any, under the Government is not more than 180 days which was subsequently increased to 240 days and 300 days vide OMs dated 05.07.1990 and 12.07.1999 respectively.

3. It has been observed that many times the Government appoints officers on contract for a specified period in public interest keeping in view their professional or scientific/ technical expertise and this restriction of 300 days may act as a disincentive especially for those who have highly specialized professional or scientific/ technical skills to join the government in various posts on contract basis for a specified period.

4. Now, it has been decided in consultation with Department of Expenditure that the officers who are appointed on contract in various posts under the Central Government will be allowed encashment of earned leave at their credit on the date of termination of contract, subject to the condition that for each completed year of service put in by him in the post in such contract appointment, not more than 10 days benefit of earned leave encashment shall be permissible. While calculating the encashment of leave in such a contract appointment, the number of days of leave for which encashment had been allowed in previous appointment, if any, under the Government shall not be taken into account. The relevant provisions relating to earned leave encashment as contained in para 2 and 3 of DoPT’s OM No.12016/ 3/84-Estt.(L) dated 12.04.1985 as amended vide OMs dated 05.07.1990, 12.07.1999 and 31.01.2011 stand further amended accordingly.

5. The above amendments will be effective with effect from the date of issue of this OM.

sd/-
(Sandeep Saxena)
Under Secretary to the Government of India

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Regarding Anomaly in Fixation of Pay on Promotion: DoP

No.2-13/2014-PAP
Government of India
Ministry of Communications
Department of Posts
[Establishment Division / PAP Section]

Dak Bhawan, Sansad Marg,
New Delhi 110 001
Dated: 27.03.2019

To

All Chief Postmasters General / Postmasters General,
Chief General Manager, BD Directorate / Parcel Directorates / PL1 Directorate,

Director, RAKNPA / GM CEPT / Directors of All PTCs,
Addl. Director General, Army Postal Services, R.N. Puram, New Delhi, 5. All General Managers (Finance) / DAP / DDAP.

Sub: Regarding anomaly in fixation of pay on promotion.

I am directed to forward herewith a copy of order dated 05.09,2018 of the Hon’ble High Court, Jodhpur Bench in DBCWP No. 2810/2014 filed by Shri Ram Swaroop Joshi Vis UOI, & others on the above mentioned subject wherein it has been ordered that:-

“The Tribunal has correctly noted that the anomaly is not on account of promotion but on account of the fixation of pay in the new pay scale.”

You are requested to kindly circulate these orders to all your subordinate offices for information/defending such cases in CAT.

Encl.: As above.

[S.B.Vyavahare]
Asstt.. Director General [ESTT.]

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No.4/11/20 15-CS-I(D)(Pt-I)(Vol.III)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

2nd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-3

Dated 11TH January, 2019.

OFFICE MEMORANDUM

Subject: Seeking option from promoted Deputy Secretaries (adhoc) under Rotational Transfer Policy – Reg.

The undersigned is directed to refer to this Departments’ Order of even Number dated 28.12.18 in respect of adhoc promotion of 340 Under Secretaries of CSS to the grade of Deputy Secretary of CSS on “as is where is basis”.

2. It was stipulated in para-2.3 of the O.M. under reference that the transfer of the promoted officers would be taken up separately as per the Rotational Transfer Policy.

3. Accordingly, in ierms of Rotational Transfer Policy of CSS officers notified vide O.M.No.21/2/2009-CS.I(P) dated 16.07.2015 as amended from time to time, the lists of Officers who have been identified for retention in the same Ministries/Departments and those who have been identified for transfer, are attached at Annexure-I and Annexure-Il respectively. The list Annexure-Il also includes some officers who have not completed their tenure in their present Ministries/Departments but they could not be adjusted there due to non-availability of vacancy. While identifying such officers, the principle of having ompleted longer tenure in the Ministry/Department has been followed.

4. The details of vacancies available in Ministries/ Departments of both the Groups (A&B) is given at Annexure-Ill. It also includes two outstation posts of Ministry of Labour & Employment at Chandigarh and Mumbai.

5. The officers whose names are indicated in Annexure-Il are requested to indicate their preferences for posting in the enclosed format at Annexure-IV which should reach CS.I Division latest by 16.01.2019 by 2.00 PM through e-mail only at ksrinivasan.89@nic.in. In case preference for posting is not received within the stipulated date and time, it will be presumed that officer has no preference for posting. While indicating the preference, CSL No. should invariably be mentioned.

6. An officer posted in Group ‘A’ Ministry/Department may opt for posting to another Ministry/ Department in Group ‘A’ as well as Group ‘B’, whereas an officer posted in Group ‘B’ Ministry/Department may opt for posting in Group ‘A’ only.

7. For the officers who have been retained in their respective Ministries/Departments as per Annexure-I, no formal posting order is required as they have already been shown against their present Ministries/
Departments.

8. Efforts have been made to count the residency period of the officers as per records available, personal information furnished by the officers and data available in cscms.nic.into the extent possible. In case there is any discrepancy, the same may be brought to the notice of this Department by the concerned Ministry/ Department. While counting residency period, the period served on deputation, long leave and training has been deducted.

sd/-
(K. Srinivasan)
Under Secretary to the Government of India

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