No. 13018/1/2010-Estt. (Leave)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)

New Delhi, the 30th December, 2010

Office Memorandum

Subject: Child Care Leave to Central Government employees – regarding

The undersigned is directed to say that subsequent to issue of this Department OM of even number dated 07/09/2010, this Department has been receiving references from various Departments, seeking clarifications. The doubts raised are clarified as under:-

1. Whether Earned Leave availed for any purpose can be converted into Child Care Leave? How should applications where the purpose of availing leave has been indicated as ‘Urgent Work’ but the applicant claims to have utilized the leave for taking care of the needs of the child, be treated?

Child Care Leave is sanctioned to women employees having minor children, for rearing or for looking after their needs like examination, sickness etc. Hence Earned Leabe availed specifically for this purpose only should be converted.

2.Whether all Earned Leave availed irrespective of number of days i.e. less than 15 days, and number of spells can be converted? In cases where the CCL spills over to the next year (for example 30 days CCL from 27th December), whether the Leave should be treated as one spell or two spells’?

No. As the instructions contained in the OM dated 7.9.2010 has been given retrospective effect, all the conditions specified in the OM would have to be fulfilled for conversion of the Earned Leave into Child Care Leave. In cases where the leave spills over to the next year, it may be treated as one spell against the year in which the leave commences.

3. Whether those who have availed Child Care Leave for more than 3 spells with less than 15 days can avail further Child Care Leave for the remaining period of the current year’?

No. As per the OM of even number dated 7.9.2010, Child Care Leave may not be granted in more than 3 spells. Hence CCL may not be allowed more than 3 times irrespective of the number of days or times Child Care Leave has been availed earlier. Past cases may not be reopened.

4.Whether LTC can be availed during Child Care Leave?

LTC cannot be availed during Child Care Leave as Child Care Leave is granted for the specific purpose of taking care of a minor child for rearing or for looking after any other needs of the child during examination, sickness etc.

(Simmi R. Nakra)
Director

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No. I-11012/3/2010-CRD
Government of india
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

3rd Floor, Lok Nayak Bhawan,
New Delhi- 110003.
December 29, 2010

Office Memorandum

Subject: Recommendations of the Fifth Central Pay Commission on scales of pay of posts of Superintending Engineers and equivalent in the Organized Group ‘A’ Engineering Service.

Attention is invited to this Department’s O.M. No.22/1/2000-CRD dated June 6, 2000 containing instructions to give effect to the recommendations of Fifth Central Pay Commission (FCPC) contained in Para 50.45 of its report to convert the Non-Functional pre-revised pay scale of Rs. 4500-5700 (revised: Rs. 14300-18300) applicable to the Superintending Engineers and equivalent into a ‘Functional’ grade and to introduce a Non-Functional Second Grade in the scale of Rs.12000-16500 for the Executing Engineers and equivalent of All the Organized Group ‘A’ Engineering Services. These instructions were amended comprehensively vide this Department’s O.M. No. 22/1/2000-CRD dated December 20, 2000.

2. Certain amended provisions with regard to eligibility criteria for grant of functional grade of Rs. 14300-18300 (pre-revised) to the Superintending Engineers and equivalent prescribed in Sub-para I (ii) of this Department’s O.M. No. 22/I/2000-CRD dated December 20, 2000 were quashed by the Gauhati High Court in its Order dated April 1, 2009 in the Writ Appeal No. 7 of 2006. This decision has now been upheld by the Supreme Court also vide its Order dated February 11, 2010 in the Civil Appeal No. 1902 of 2010. These amended provisions were formulated in supersession of the original provisions contained in Sub-paras 3(a), 3(b) and 3 (c) of this Department’s O.M. No. 22/1/2000-CRD dated June 6, 2000.

3. Consequently, the Sub-para 3(a) of this Department’s O.M. No. 22/1/2000- CRD dated June 6, 2000 would now read as under:

“The ‘functional’ grade of Rs. 14300-18300 shall be applicable to the posts of Superintending Engineers and equivalent that are variously designated and included in the Organised Group ‘A’ Engineering Services. Placement of Personnel in this ‘functional’ grade will, however, be subject to actual availability of vacancies in the grade. This shall be permitted only on completion of thirteen years of regular service in Group ‘A’ and regular service of four years in the grade of Executive Engineer and equivalent including the service rendered in the Non-Functional Second Grade Or nine years of regular service in the grade of Executive Engineer and equivalent, including regular service, if any, rendered in the Non-Functional Second Grade for the Executive Engineer and equivalent in the pay-scale of Rs. 12000-16500.”

5. This issues with the concurrence of the Department of Expenditure vide its ID Note No. 32 (5) —E-III (B)/2010 dated August 11, 2010 and the Department of Legal Affairs vide its Dy. No.FTS-3054/10A dated November 22, 2010.

(Pratima Tyagi)
Deputy Secretary to the Government of India

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No. 7/7/08-CS.I (A)
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Personnel & Training

2nd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-110003
Dated: 22nd December, 2010

OFFICE MEMORANUM

Subject: Stepping up of pay of senior Assistants/PAs of CSS/CSSS promoted prior to 01.01.2006 and drawing less pay than Assistants/PAs of CSS/CSSS promoted after 01.01.2006.

A large number of references were received from various Ministries/ Departments and service Associations regarding stepping up of pay of senior Assistants/PAs of Central Secretariat Service (CSS) /Central Secretariat Stenographers’ Service (CSSS) promoted prior to 01.01.2006 and drawing less pay than Assistants/PAs of CSS/CSSS promoted after 01.01.2006.

2. The matter has been examined in consultation with Ministry of Finance. The Department of Expenditure vide UO No.10/ 1/2009-IC dated 14.12.2009 (copy enclosed) had issued a clarification regarding manner in which pay of Assistants/PAs would be fixed consequent upon grant of revised pay structure of Grade pay of Rs. 4600 in the pay band PB-2 to them on the basis of OM dated 16.11.2009.

3. In this context, it is clarified that benefit of stepping up of pay as per Note 10 under Rule 7 of CCS(RP) Rules 2008 would be admissible to senior Assistants/PAs of CSS/CSSS promoted prior to 01.01.2006 and drawing less pay than Assistants/PAs of CSS/CSSS promoted after 01.01.2006.

4. All Ministries/ Departments may regulate stepping up cases of Assistants/ PAs of CSS/CSSS accordingly.

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

Government of India
Ministry of Finance
Department of Expenditure
Implementation Cell

Department of Personnel & Training may please refer to their File No.7/7/2008-CS.I(A) regarding the manner in which pay of Assistants/PAs is to be fixed consequent upon the grant of revised pay structure of grade pay of Rs.4600 in the pay band PB-2 to them on the basis of this Department’s O.M. dated 16.11.2009.

2. The matter has been considered in this Department in the light of the points raised by DOPT (CS Division) at pre-page and also clarifications on similar lines sought by certain other cadre controlling ministries of Services covered by this Department’s O.M. dated 16.11.2009. Based on the points raised, the following clarifications are issued for guidance: -

Point raised	Clarification
(a) The manner in which pay of Assistants/ PAs in position on 1.1.2006 is to be fixed as per the provisions of CCS (RP) Rules, 2008. Whether there will be any bunching in this case.	The pay in the pay band of Assistants/PAs working as on 1.1.2006 will be fixed with reference to the fitment table of the pre-revised pay scale of Rs.5500-9000 annexed with this Department’s O.M. No.1/1/2008-IC dated 30th August, 2008 and they will be granted the grade pay of Rs.4600. Since the minimum pay in the pay band in the revised pay structure corresponding to the stage of Rs.5500 (pre-revised scale of Rs.5500-9000) is more than the minimum of the pay band PB-2 i.e., Rs.9300, no benefit of bunching is admissible in this case.
(b) The manner of fixation of pay of officials promoted as Assistants/ PAs before 1.1.2006 but who have given option for pay fixation w.e.f. 15.9.06 w.r.t. pre-revised scale of Rs.6500- 10500.	In the case of those Assistants/PAs who were already working as Assistants/PAs as on 1.1.2006, but who had given option for pay fixation w.e.f. 15.9.2006 with reference to the pre-revised scale of Rs.6500-10500, their pay will be fixed as per their option by determining their pay in the pay band with reference to the fitment table of the pre-revised scale of Rs.6500-10500 annexed with this Department’s O.M. No.1/1/2008-IC dated 30th August, 2008. In such cases, they shall not be entitled for arrears of pay from 1.1.2006 till the date of option. However, if fixation of pay as per this option is no longer beneficial for any particular employee, he may be allowed to revise his option without referring the matter to Department of Expenditure.
(c) The manner of fixation of pay of officials promoted as Assistants/ PAs between 1.1.2006 and 31.8.2008	In the case of Government servants who were promoted as Assistants/PAs between 1.1.2006 and 31.8.2008, their pay will be fixed as per the option exercised by them. In terms of CCS (RP) Rules, 2008, they have the option to (i) either have their pay fixed w.e.f. 1.1.2006 with reference to the lower scale which they were holding as on 1.1.2006, or (ii) from the date of promotion which took place after 1.1.2006; in such cases, their pay will be fixed with reference to the fitment table of the higher pay scale, however, they- will not be entitled to arrears of pay from 1.1.2006 till the date of option. Accordingly, in the case of officials who were promoted as Assistants/PAs between 1.1.2006 and 31.8.2008, they have the option to have their pay fixed w.e.f. 1.1.2006 with reference to the pre-revised scale of the lower grade i.e. UDC/Steno ‘D’. In such cases, on the date of their promotion, their pay will be fixed by granting them one increment in the pay band (subject to the minimum pay in the pay band being Rs.9300) and grade pay of Rs.4600. Alternatively, they can opt to have their pay fixed from the date of promotion with reference to the fitment table of the upgraded pay scale i.e. pre-revised scale of Rs.7450-11500, in which case, they shall not be entitled to arrears of pay from 1.1.2006 till the date of option.
(d) The manner of fixation of pay of officials promoted as Assistants/ PAs between on or after 1.9,2008.	In the case of UDCs/Stenographers Gr.D promoted as Assistants/PAs on or after 1.9.2008, their pay will be fixed by granting them one increment in the pay band (subject to the minimum pay in the pay band being Rs.9300) and grade pay of Rs.4600.

3. Insofar as the point raised by DOPT regarding the difference between the pay of Assistants!PAs directly recruited in the Central Government on or after 01.01.2006 and the revised pay of those Assistants/PAs who are already serving on 1.1.2006, it is clarified that the pay of those Government servants who joined the Government as direct recruits on or after 1.1.2006 is to be fixed as per Section II, Part `A’ of the First Schedule to the CCS (RP) Rules, 2008. This provision of CCS (RP) Rules, 2008 and the procedure of pay fixation are based on a specific recommendation of the Sixth Pay Commission, which has been accepted by the Government. As far as pay fixation in respect of those Government servants who were already in service on 1.1.2006 is concerned, their revised pay will be fixed in the manner indicated above. Further, in this context, it needs to be noted that the revised pay structure comprises grade pays and running pay bands and in the case of those Government servants who were already in service before 1.1.2006, Sixth Pay Commission has not prescribed a minimum pay in the running pay band with reference to the minimum entry level pay prescribed for direct recruits appointed on or after 1.1.2006. Accordingly, as per the provisions of CCS (RP) Rules, 2008, pay of those Government servants who were already in service on 1.1.2006 can not be fixed with reference to the, pay of those who joined the Government as direct recruits on or after 1.1.2006. However, stepping up of pay can be considered in cases where a Senior Government servant is drawing lesser pay than his directly recruited junior borne on the same gradation list.

4. Further, it is noticed that DOPT proposes to issue a separate order on the subject of grant of pay structure of grade pay of Rs.4600 in the pay band PB-2 to Assistants of Central Secretariat Service. In this connection, it is intimated that generally the Government issues only one Order regarding modification in pay scales of a particular category of Government servants. In the present case, since Department of Expenditure has already issued an O.M. on the subject of grant of pay structure of grade pay of Rs.4600 in the pay band PB-2 to Assistants and Personal Assistants of CSS and CSSS respectively, there does not seem to be any need to issue another Order ,.on the same subject. Internal instructions may, however, be issued on matters like manner of fixation of pay, etc.

5. This issues with the approval of Joint Secretary (Per).

(ALOK SAXENA)
DIRECTOR (IC)

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No. I-11011/1/2009-CRD
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

3^rd Floor, Lok Nayak Bhawan,
New Delhi-110003
December 14, 2010

Office Memorandum

Subject: Consolidated guidelines on cadre review of Central Group ‘A’ Services.

The undersigned is directed to say that provisions governing the process of cadre review of Central Group ‘A’ Services are contained in various Office Memoranda issued by the Department of Personnel and Training and the Department of Expenditure. As a part of this Department’s endeavour to keep the personnel policies relevant to current and future needs, these provisions have been reviewed in consultation with various stakeholders and it has been decided to issue a consolidated and revised set of guidelines on cadre review. The revised guidelines are given below. Besides, the broad issues concerning cadre review have been elaborated in the revised Monograph on Cadre Review of Central Group ‘A’ Services enclosed herewith. The list of existing Central Group ‘A’ Services is at Annex-I.

2. Formulation of Proposal (i) The proposal would be formulated, to the extent possible, in consultation with the representatives of service association (s). While drafting the proposal, all issues like expected changes in the Organization’s activities, automation, amendment in the business processes, recruitment planning, plugging the skill gaps, cadre structure, career progression, financial implications etc. must be analyzed and made part of the proposal. These issues and their impact on cadre structure have been discussed in Section-5 and Section-6 of the Monograph.

(ii) Full functional justification for each creation of post/upgradation should be given. A job evaluation exercise may be undertaken for each category of posts so as to ensure that different grades are assigned corresponding level of functions and responsibilities.

(iii) It may be ensured that the cadre review would not have an adverse impact on the feeder grade.


3. Reference to Department of Personnel and Training/Department of Expenditure

(i) The proposal should be referred to Department of Personnel and Training with the approval of Integrated Finance Division and the Minister in charge.
(ii) The Cadre Controlling Authority would also give a certificate that there is no Court Case pending having a bearing on the cadre review.
(iii) The name (s) of contact officer (s) for further/additional information may be clearly indicated in the reference.
(iv) The proposal should be examined vis-à-vis the checklist given in Section-6 of the Monograph to ensure that the proposal is complete in all respect.

4. Financial Implications

(i) The proposal having additional financial implications would be entertained strictly on functional considerations like consistent increase in workload, horizontal expansion in activities etc.
(ii) While calculating the additional expenditure, the impact of Non-Functional Upgradation may be taken into account. The calculation sheet must be enclosed with the proposal.

5. Procedure for cadre review

(i) Every cadre should be reviewed once every five years. The review should be first carried out by the Cadre Controlling Authority, preferably in consultation with the representatives of the service/cadre in question. However, if it is convinced after such a review that no change in the cadre structure is required, the decision should be conveyed to DoPT with the approval of Minister in charge.
(ii) The cadre review proposal would be prepared by the Cadre Controlling Authority in the form of a Note for Committee of Secretaries. DoPT would obtain the approval of Secretary (P) and then refer it to Department of Expenditure for approval of Secretary (Expenditure).
(iii) The Note would then be placed before the Cadre Review Committee by DoPT.
(iv) Based on the recommendation of Cadre Review Committee, the proposal would be submitted for MOS (PP)’s approval. It would then be referred to the Department of Expenditure for Finance Minister’s approval.
(v) The Cadre Controlling Authority would then take approval of Cabinet. The Note for Cabinet should ideally be prepared within a month of the Cadre Review Committee’s approval.

6. Composition of Cadre Review Committee-T The Cadre Review Committee would comprise the following functionaries:


(i) Cabinet Secretary - Chairman
(ii) Secretary of the Ministry controlling the cadre - Member
(iii) Secretary, Department of Personnel and Training - Member
(iv) Secretary, Ministry of Finance, Department of Expenditure - Member
(v) The senior most member of the service/cadre concerned - Member

7. Restriction on direct recruitment-

There is a restriction on direct recruitment to the extent that it should not exceed 3% of the total cadre strength.

The authority to relax the condition rests with DoPT. It has now been decided to do away with this restriction. The Cadre Controlling Authorities are, however, advised not to resort to any bulk recruitment as it would create a bulge in the structure leading to stagnation at later stage. This may be kept in view while projecting recruitment planning.

Sd/-
(Pratima Tyagi)
Deputy Secretary to the Government of India

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NO.20/1/2010-Dir.(C)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel and Training)
******

Lok Bhawan, Khan Market,
New Delhi, dated 28th october, 2010

OFFICE MEMORANDUM

Subject: Award of Scholarship to the children of non-statutory Departmental canteen employees from the discretionary fund of director of canteen-Invitation of applications from Canteen employeesfor award of 12th Batch of Scholarships to their children during the year 2010 -2011.

The undersigned is directed to refer to this Department’s No. 20/1/2010-Dir.(C), dated 24.5.2010 and subsequent reminders dated 9.6.2010, 2.7.2010, 22.7.2010, 2.8.2010 , 18.8.2010 and 7.9.2010 on the subject mentioned above and to say that fresh applications had been invited by this Department from the employees of non-statutory Departmental Canteens/Tiffin Rooms for consideration of award of 12th batch of scholarship to their children based on their performance during the academic year 2009-2010. It is, stated that informal requests have been received for extension of the last date by 08.11.2010.

2. Accordingly, the last date for acceptance of the applications has been extended up to 08.11.2010. All Ministries/Deptts./Offices are requested to give wide circulation of this O.M under reference and send their applications, duly completed in all respect along with enclosures to this Department for consideration upto prescribed date as mentioned above.

s/d
(G.K. Misra)
Section Officer (Canteens)

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No.1801/1/12010-Estt. (C)
Government of India
Ministry of Personnel. Public Grievances & Pensions
(Department of Personnel & Training)
*************

New Delhi 110001
Dated: August 30,2010

OFFICE MEMORANDUM

SUBJECT: Timely confirmation in various Central Civil Services- issue of guidelines.

The undersigned is directed to say that the Supreme Court in its judgement on 8.7.2010 in civil appeal No.596 of 2007 (appeal of Khazia Mohameed Muzammil v/s State of Karnataka & Anr.) examined the contention of automatic/deemed confirmation after the expiry of the probation period. After examining the various judgements, the Apex Court were of the considered opinion as to what view has to be taken would depend upon the facts of a given case and the relevant ruler in force.

2. In para 22 of the judgement, the Apex Court observed as follows:-

"Before we part with this file, it is required of this Court to notice and declare that the concerned authorities have failed to act expeditiously and in accordance with the spirit of the relevant rules. Rule 5(2)of 1977 Rules has used the expression 'as soon as possible' which clearly shows the intent of the rule framers explicitly implying urgency and in any case applicability of the concept of reasonable time which would help in minimizing the litigation arising from such similar cases. May be, strictly speaking, this may not be true in the case of the appellant but generally every step should be taken which would avoid bias or arbitrariness in administrative matters. no matter, which is the authority concerned including the High Court itself. Long back in the case of Shiv Kumar Sharma v/s Haryana State Electricity Board(1988) Supp. SCC 669] this Court had the occasion to notice that due to delay in recording satisfactory completion of probation period where juniors were promoted, the action of the authority was arbitrary and it resulted in infliction of even double punishment. The Court held as under:

'While there is some necessity for appointing a person in government service on probation for a particular period, there may not be any need for confirmation of that officer after the completion of the probation period. If during the period a government servant is found to be unsuitable, his services may be terminated. On the other hand. if he is found to be suitable, he would be allowed to continue in service. The archaic rule of confirmation, still in force, gives a scope to the executive authorities to act arbitrarily or malafide giving rise to unnecessary litigations. It is high time that the Government and other authorities should think over the matter and relieve the government servants of becoming victims of arbitrary actions.'

We reiterate this principle with respect and approval and hope that all the authorities concerned should take care that timely actions are taken in comity to the Rules governing the service and every attempt is made to avoid prejudicial results against the employee/probationer. It is expected of the Courts to pass orders which would help in minimizing the litigation arising from such similar cases. Timely action by the authority concerned would ensure implementation of rule of fair play on the one hand and serve greater ends of justice on the other. It would also boost the element of greater understanding and improving the employer employee relationship in all branches of the States and its instrumentalities."

3. In this Ministry's O.M.No.I8011/186-Estt(D) dated 28.3.1988 (copy enclosed), instructions have already been issued to the effect that confirmation will be made only once in service in the entry grade, but for some exceptions specified therein. Instructions on timely action to confirm or extend the probation have also been issued vide O.M. No.18011/2/98-Estt.(C) dated 28.8.1998. Seniority has also been delinked from confirmation in the O.M.No.20011/5/90-Estt.(D) dated 4.11.92.

4. The above directions of the Apex Court are brought to the notice of all Ministries/Departments for ensuring compliance of the above instructions.

s/d
(Mamta Kundra)
Joint Secretary to the Govt. of India

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