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DoPT Order 2014: Upper Division Grade Limited Departmental Competitive Examination - Intimation of vacancies for the Select List Year 2013- regarding.

Saturday, April 19, 2014

Immediate

No.12/3/2013-CS.II (B)
Government of India
Ministry of Personnel, PG and Pensions
Department of Personnel and Training

3rd Floor, Lok Nayak Bhawan, Khan Market,
New Delhi dated: 16th April, 2014.

Office Memorandum

Subject: Upper Division Grade Limited Departmental Competitive Examination - Intimation of vacancies for the Select List Year 2013- regarding.

The undersigned is directed to refer to this Department’s O.M of even number dated 27th January, 2014 on the above mentioned subject. The information has been received only from 13 cadre units.

2. It is, therefore, requested that the requisite vacancy position may please be furnished to this Department in the prescribed proforma by 24.04.2014. In case no information is made available by 24.04.2014, it shall be construed as if there is no vacancy to be reported upon for the select List 2013.

Sd/-
(K. Suresh Kumar)
Undersecretary to the Govt. of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/UDCs_2013-Reminder.pdf

DoPT Order 2014: Lower Division Grade Limited Departmental Competitive Examination for Group ‘C’ Staff, 2014 -regarding.

Immediate

No. 13/2/2013-CS.II (B)
Government of India
Ministry of Personnel, PG & Pension
Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan, New Delhi
Dated: 16th April, 2014.

Office Memorandum

Subject: Lower Division Grade Limited Departmental Competitive Examination for Group ‘C’ Staff, 2014 -regarding.

The undersigned is directed to say that SSC has already conducted the Lower Division Grade Limited Departmental Competitive Examination for Group ‘C’ Staff, 2014 on 23.03.2014. Further, SSC has been requesting this Department to intimate the vacancies for the LD grade LDCE, 2014.

2. As the LDCE for the Select List year 2014 has already been held on 23.03.2014, it is requested that the requisite vacancy position may please be furnished to this Department, in the prescribed proforma urgently by 24.04.2014. Even Nil vacancy may also be furnished n the prescribed proforma.

Sd/-
(K. Suresh Kumar)
Under Secretary to the Govt. of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/LDCs_2014-intimation.pdf

Extension of retention of General Pool Residential Accommodation (GPRA) to the officers and staff of CPWD on posting to Border works projects

No.12035/13/92-Pol. II
Government of India
Ministry of Urban Development
Directorate of Estates

Nirman Bhavan,
New Delhi —110108.

Dated the 16th April, 2014

OFFICE MEMORANDUM

Subject: Extension of retention of General Pool Residential Accommodation (GPRA) to the officers and staff of CPWD on posting to Border works projects in Rajasthan, Punjab, Gujarat and J&K at Indo-Pakistan Border and in Uttarakhand at Indo-China Border for the period upto 31.3.2015.

In continuation of this Directorate’s Office Memorandums of even number dated 13.4.2011 and 13.7.2011, the undersigned is directed to say that it has been decided to extend the concession of retention of General Pool Residential Accommodation (GPRA) at the last place of posting to the officers and staff of CPWD posted to Border fencing, flood lighting, road works, projects etc. in Rajasthan, Punjab, Gujarat and J&K at Indo-Pakistan Border and in Uttarakhand at Indo-China Border for the period upto 31.3.2015 subject to the following conditions:

(i) The allottees, who are in possession of entitled type of accommodation, shall be eligible for retention on payment of double the normal licence fee or opt for allotment of accommodation one type below their entitlement on payment of one and half times of the normal licence fee. The allottees, who are already in possession of accommodation one type below their entitlement, shall be eligible to retain the same accommodation on payment of one and half times of the normal licence fee. Such retention shall be admissible beyond the period of retention permissible under SR-317-B-11.

(ii) The entitlement of such allottees will be determined as per Grade Pay drawn as on the crucial date on which he/she has been posted to the aforesaid area.

2. The above concession has been extended keeping in view the fact that these projects are time bound and of national importance being carried out in difficult and risky areas.

3. This issues with the approval of Hon’ble UDM.

Sd/-
(S. K.JAIN)
Deputy Director of Estates(Policy)

Source:http://estates.nic.in/WriteReadData/dlcirculars/Circulars20323.pdf

Supreme Court Judgement: Govt. woman employee can get uninterrupted two-year child care leave (CCL)

Friday, April 18, 2014

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4506 OF 2014
(arising out of SLP (C) No. 33244 of 2012)
KAKALI GHOSH
… APPELLANT
VERSUS
CHIEF SECRETARY,
ANDAMAN & NICOBAR
ADMINISTRATION AND ORS
...RESPONDENTS
J U D G M E N T
Sudhansu Jyoti Mukhopadhaya, J.

Leave granted.

2.       This appeal has been  directed  against  the  judgment  dated  18th September, 2012 passed by the High Court of Calcutta, Circuit Bench at  Port Blair.  By the impugned judgment, the Division Bench of  the Calcutta  High Court allowed the writ petition and set aside the judgment and  order  dated 30th April, 2012 passed by the  Central  Administrative  Tribunal  Calcutta, Circuit Bench at Port Blair (hereinafter referred to as, ‘the Tribunal’). 

3.       The only question which requires to be determined  in  this  appeal is  whether  a  woman  employee  of  the  Central  Government  can  ask  for uninterrupted 730 days of Child Care Leave (hereinafter referred to as, - ‘the CCL’)  under Rule 43-C of the  Central Civil  Services  (Leave)  Rules, 1972 (hereinafter referred to as, ‘the Rules’). 

4.       The appellant initially applied for CCL for six  months  commencing from 5th July, 2011 by her letter dated 16th May, 2011 to take care  of  her son who was in 10th standard.  In her application, she  intimated  that  she is the only person to look after her minor son and her  mother  is  a  heart patient and has not recovered from the shock due to  the  sudden  demise  of her  father;  her  father-in-law  is  almost  bed ridden   and   in   such circumstances, she was not in a position to perform her duties  effectively.  While her application was pending, she was transferred to Campbell  Bay  in Nicobar District (Andaman and Nicobar) where she joined on 06th July,  2011. By her subsequent letter  dated  14th  February,  2012  she  requested  the competent authority to allow her to avail CCL for two years commencing  from 21st May, 2012.  However, the authorities allowed only 45  days  of  CCL  by their Office Order No. 254 dated 16th March, 2012.

5.        Aggrieved  appellant  then  moved  before  the  Tribunal  in  O.A. No.47/A&N/2012 which allowed the application  by  order  dated  30th  April,2012 with following observation:-     

“12. Thus O.A. is allowed.  Respondents are  accordingly  directed  to act  strictly  in  accordance  with  DOPT  O.M.  dated  11.9.2008   as amended/clarified on 29.9.2008 and 18.11.2008, granting  her  CCL  for the due period.  No costs.”

6.       The order passed by the  Tribunal  was  challenged  by  respondents before the Calcutta High Court which by impugned judgment  and  order  dated 18th September, 2012 while observing that  leave  cannot  be  claimed  as  a right, held as follows:

            “It is evident from the provisions of sub r.(3) of r.43-C  of  the rules that CCL  can  be  granted  only  according  to  the  conditions mentioned in the sub-rule, and that one of the conditions is that  CCL shall not be granted for more than three spells in  a  calendar  year. It means that CCL is not to be granted for a  continuous  period,  but only in spells.   
  
             From the provisions of sub r.(3) of r.43-C of the rules it is also evident that a spell of CCL can be for as less as 16 days.  This means that in a given case a person, though  eligible  to  take  CCL  for  a maximum period of 730 days, can be granted CCL in three  spells  in  a calendar year for as less as 48 days.”The High Court further observed:      

            “Whether an eligible person should be granted CCL at  all, and, if so, for what period,  are questions  to  be  decided  by  the competent authority; for the person is to  work  in  the  interest  of public service, and  ignoring  public  service  exigencies  that  must prevail over private exigencies  no leave can be granted.”

7.       Learned counsel for the appellant submitted that there  is  no  bar to grant uninterrupted 730 days of CCL under Rule 43-C.  The High Court  was not justified in holding that CCL can  be  granted  in  three  spells  in  a calendar year as less as 48 days at a time.  It was also contended that  the respondents failed to record ground to deny uninterrupted CCL  to  appellant for the rest of the period.

8.       Per contra, according to respondents, Rule  43-C  does  not  permit uninterrupted CCL for 730 days as held by the High Court.

9.       Before we proceed to discuss the merits or otherwise of  the  above contentions, it will be necessary for us to refer the relevant Rule and  the guidelines issued by the Government of India from time to time.

10.      The Government of  India  from  its  Department  of  Personnel  and Training vide O.M. No. 13018/2/2008-Estt. (L)  dated  11th  September,  2008 intimated that CCL can be granted for maximum period of 730 days during  the entire service period to a woman government employee for taking care  of  up to two children, relevant portion of which reads as follows:

“Child Care Leave for 730 days. ***

Women  employees having minor children may be granted Child Care Leave by an authority competent to grant leave, for a  maximum  period of two years (i.e. 730 days) during their entire  service  for  taking care of up to two children, whether for rearing or to look  after  any of their needs like examination, sickness, etc. Child Care Leave shall not be admissible if the child is eighteen  years  of  age  or  older. During the period of such leave, the women  employees  shall  be  paid leave salary equal to the pay drawn immediately before  proceeding  on  leave.  It may be availed of in more than one spell. Child Care  Leave shall not be debited against the leave account.  Child Care Leave  may also be  allowed  for  the  third  year  as  leave  not  due  (without production of medical certificate).  It may be combined with leave of the kind due and admissible.”

11.      It was followed by Circular issued by Government of India from  its Personnel  and Training Department vide O.M.  No. 13018/2/2008-  Estt.  (L), dated   29th September,   2008   by  which    it    was    clarified    that CCL would  be also admissible to a  woman  government  employee  to  look  after third child below 18 years of age, which is as follows:

“(2) Clarifications:-

The question as to whether child care leave  would  be  admissible for the third child below the age of 18 years  and  the  procedure for grant of child care leave have  been  under  consideration  in this Department, and it has now been decided as follows:-

i)      Child  Care  Leave  shall  be  admissible  for  two  eldest surviving children only.

ii)        The leave account for child care leave shall be maintained in the pro forma enclosed, and it shall be kept  along  with  the Service Book of the Government Servant concerned.”

12.      Rule  43-C  was  subsequently  inserted  by  Government  of  India, Department of Personnel and Training, Notification No.  F.No.  11012/1/2009- Estt. (L) dated 1st December, 2009, published  in  G.S.R.  No.  170  in  the Gazette of India dated 5th December, 2009 giving effect from 1st  September, 2008 as quoted below:-

“43-C. Child Care Leave

1) A women Government servant having minor children below the  age of eighteen years and who has no earned leave  at  her  credit, may be granted child care leave by an  authority  competent  to grant leave, for a maximum period of two years, i.e.  730  days during the  entire  service  for  taking  care  of  up  to  two children, whether for rearing or to look  after  any  of  their needs like examination, sickness, etc.

2) During the period of child care leave, she shall be paid  leave salary equal to the pay drawn immediately before proceeding  on leave.

3) Child care leave may be combined with leave of any other kind.

4)  Notwithstanding  the  requirement  of  production  of  medical certificate contained in sub-rule (1) of Rule  30  or  sub-rule (1) of Rule 31, leave of the kind due and admissible (including commuted leave not exceeding 60 days and leave not due) up to a maximum of one year, if applied for, be granted in continuation with child care leave granted under sub-rule (1).

5) Child care leave may be availed of in more than one spell.

6) Child care  leave  shall  not  be  debited  against  the  leave  account.”

13. On perusal of circulars and Rule 43-C, it is apparent that a woman government employee having minor children below 18 years can avail CCL for maximum period of 730 days i.e. during the entire service period for taking care of upto two children. The care of children is not for rearing the smaller child but also to look after any of their needs like examination, sickness etc. Sub Rule (3) of Rule 43-C allows woman government employee to combine CCL with leave of any other kind. Under Sub Rule (4) of Rule 43- C leave of the kind due and admissible to woman government employee including commuted leave not exceeding 60 days; leave not due up to a maximum of one year, can be applied for and granted in continuation with CCL granted under Sub Rule (1). From plain reading of Sub Rules (3) and (4) of Rule 43-C it is clear that CCL even beyond 730 days can be granted by combining other leave if due. The finding of the High Court is based neither on Rule 43-C nor on guidelines issued by the Central Government. The Tribunal was correct in directing the respondents to act strictly in accordance with the guidelines issued by the Government of India and Rule 43-C. 

14. In the present case, the appellant claimed for 730 days of CCL at a stretch to ensure success of her son in the forthcoming secondary/senior examinations (10th/11th standard). It is not in dispute that son was minor below 18 years of age when she applied for CCL. This is apparent from the fact that the competent authority allowed 45 days of CCL in favour of the appellant. However, no reason has been shown by the competent authority for disallowing rest of the period of leave. 

15. Leave cannot be claimed as of right as per Rule 7, which reads as follows: 

“7. Right to leave 

(1) Leave cannot be claimed as of right.

(2) When the exigencies of public service so require, leave of any kind may be refused or revoked by the authority competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Government servant.”

However, under Sub-Rule (2) of Rule 7 leave can be refused or revoked by the competent authority in the case of exigencies of public service. 

16. In fact, Government of India from its Ministry of Home Affairs and Department of Personnel and Training all the time encourage the government employees to take leave regularly, preferably annually by its Circular issued by the Government of India M.H.A.O.M. No. 6/51/60-Ests. (A), dated 25th January, 1961, reiterated vide Government of India letter dated 22/27th March, 2001. As per those circulars where all applications for leave cannot, in the interest of public service, be granted at the same time, the leave sanctioning authority may draw up phased programme for the grant of leave to the applicants by turn with due regard to the principles enunciated under the aforesaid circulars. 

17. In the present case the respondents have not shown any reason to refuse 730 days continuous leave. The grounds taken by them and as held by High Court cannot be accepted for the reasons mentioned above. 

18. For the reasons aforesaid, we set aside the impugned judgment dated 18th September, 2012 passed by the Division Bench of Calcutta High Court, Circuit Bench at Port Blair and affirm the judgment and order dated 30th April, 2012 passed by the Tribunal with a direction to the respondents to comply with the directions issued by the Tribunal within three months from the date of receipt/production of this judgment. 

19. The appeal is allowed with aforesaid directions. No costs.

………………………………………………….J.
(SUDHANSU JYOTI MUKHOPADHAYA) 

……………………………………………….J. 
(V. GOPALA GOWDA) 

NEW DELHI, 
APRIL 15, 2014. 

Source:http://judis.nic.in/supremecourt/imgs1.aspx?filename=41412

Central Govt. women employees can get uninterrupted two-year leave for child care: Supreme Court

Thursday, April 17, 2014

Central Govt. women employees can get uninterrupted two-year leave for child care: Supreme Court

The Supreme Court today held that a woman employee of central government can get uninterrupted leave for two years for child care, which also includes needs like examination and sickness.

A bench of justices S J Mukhopadhaya and V Gopala Gowda set aside the order of Calcutta High Court which had held that Central Civil Services (Leave) Rules do not permit uninterrupted CCL(Child Care Leave) for 730 days.

"On perusal of circulars and Rule 43-C, it is apparent that a woman central government employee having minor children below 18 years can avail CCL for maximum period of 730 days i.e. during the entire service period for taking care of upto two children. The care of children is not for rearing the smaller child but also to look after any of their needs like examination, sickness etc," the bench said.

It said that CCL even beyond 730 days can be granted by combining other leave if due and the finding of the High Court was based neither on Rule 43-C nor on guidelines issued by the central government.

The court passed the order on a petition filed by a woman government employee Kakali Ghosh challenging government's decision not to grant her leave of 730 days for preparing her son for secondary/senior examinations.

She had first approached Central Administrative Tribunal Calcutta for getting leave. The tribunal had ordered in her favour but the High Court reversed the order after which she moved the apex court.

The apex court set aside the High Court's order.

"We set aside the impugned judgement dated September 18, 2012 passed by the Division Bench of Calcutta High Court, Circuit Bench at Port Blair and affirm the judgement and order dated April 30, 2012 passed by the Tribunal with a direction to the respondents to comply with the directions issued by the Tribunal within three months from the date of receipt/ production of this judgement," it said.

7th Pay Commission Report and the Need for Timeliness

Wednesday, April 16, 2014

7th Pay Commission Report and the Need for Timeliness

Background of the 7th Pay Commission

The 7th pay commission report - when is it going to be submitted? The announcement about the 7th pay commission report came out on September the 25th of 2013. This pay commission unlike the 6th pay commission was set up well in advance. This became possible due to significant efforts of various organisations, union lists and the finance commission report. Announcements say that the 7th pay commission will be implemented from 1.1.2016 and it will take approximately 18 months time for the report to be submitted. Recently, the 7th pay commission Chairman and the members gave out a public statement on 4.2.2014 and after that on 22.2.2014 the important 7th cpc terms and references were released. Now, the thought that floats on everyone’s mind is whether the 7th pay commission report will be submitted within the 18 months time period and will the employees be able to get the benefits along with their salary from 1.1.2016.

Recently, in the Lok Shaba during the question and answer session, it was pointed out that no specific time limit can be specified as of now for the implementation of the 7th pay commission. However, the finance ministry is now recruiting people for the 7th pay commission pay cell on deputation basis. This is a good attempt which boosts our confidence in the fact that the 7th pay commission will be put into effect on time. 

Reports of the Earlier Pay Commissions

If the employees get the benefits of the 7th pay commission along with our salary on 1.1.2016, then, this will be the first time we are given the pay commission benefits without arrears. I am providing a link containing reports about when the previous pay commissions were set and when they were implemented. 
Pay Commission
Date of Appointment
Date of submission of report
Financial impact (Rs. In  crores)
Time
First Pay Commission
May, 1946
May, 1947
N.A
1YEAR
Second Pay Commission
August, 1957
August, 1959
39.62
2YEAR
Third Pay Commission
April, 1970
March, 1973
144.60
3YEAR(aprx)
Fourth Pay Commission
June, 1983
3 reports submitted in June, 1986; Dec. 1986 and May, 1987
1282
4YEARS(aprx)
Fifth Pay Commission
April, 1994
January, 1997
17,000
3YEAR(aprx)
Sixth pay commission
July 2006
 March  2008
18  month

Arrears of the 6th Pay Commission

When you see the timetable above, you can understand that none of the previous pay commissions were implemented on time and without the payment of arrears. When the 6th pay commission was implemented, the government paid a huge amount as arrears in two instalments. This impacted the economy considerably and caused changes in inflation rate and GDP. This shocking fact was revealed by the 13th finance committee report. 

The Benefits of the Timely Implementation of the 7th Pay Commission

What benefits will the employees get if the 7th pay commission is implemented on 1.1.2016? Let us have a look. Firstly, all the allowances and benefits can be got on 1.1.2016. When the benefits are paid as arrears the employees will not get some of the allowances due to exclusion. 

Secondly, the government will not have to pay a huge amount as arrears and thereby can avoid economic burden. 

Thirdly, if a National Anomaly Committee is set up and the shortcomings of the 7th pay commission are corrected immediately, employees can receive the benefits easily. We have to note that several points mentioned the anomaly committee report of the 6th pay commission still remain problematic and uncorrected. 

Fourthly, let us have a look at the elements of ACP and MACP. Like the ACP and MACP, the financial up gradation is going to be introduced in the 7th Pay Commission; the issues that may arise due to this have to be resolved in a timely manner so that everyone may be benefitted by it.   In the 5th pay commission, the time limit for promotion through ACP remained at 12 years, and in the 6th pay commission the time limit for promotions through MACP remained at 10 years. In the 5th pay commission, a new method of promotion through hierarchy was introduced. In the 6th pay commission promotions happened through grade pay structure. 

The main aim of introducing ACP and MACP is to make sure that an employee gets minimal promotion at least thrice in his life time of service. If this is the case, the minimal service period of an employee should be at least 30 years. But presently, employees are appointed even at the age of 37 and so their service period is just 23 years. Such problems have to be carefully considered well in advance and solved before the 7th pay commission is implemented. 

Let us believe that the 7th pay commission will be the first arrears-free pay commission and implemented on time as per the guidelines of the 13th finance commission. 


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