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Gazette Notification dated 11/01/2018 : Earned Leave in advance in two installments of five days of every calendar year [DoPT]

In the Central Civil Services (Leave) Rules, 1972, 
(A) in rule 28, in sub-rule (1) for clauses (a), (b) and (c), the following clauses shall be substituted, namely:- 
“(a) The leave account of every Government servant (other than a military officer) who is serving in a 
Vacation Department shall be credited with earned leave, in advance’ in two installments of five days 
each on the first day of January and July of every calendar year. 
(b) In respect of any year in which a Government Servant avails a portion of the vacation, he shall be 
entitled to additional earned leave in such proportion of twenty days, as the number of days of vacation not 
taken bears to the full vacation, provided the total earned leave credited shall not exceed thirty days in a 
calendar year. 
(c) If, in any year, the Government servant does not avail any vacation, earned leave will be as per Rule 26 
instead of clauses (a) and (b).

Departmental proceedings against Government Servants - Procedure for consultation with the Union Public Service Commission

No. 39011/08/2016-Estt(B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi
Date: 28th December, 2018
OFFICE MEMORANDUM

Subject: Departmental proceedings against Government Servants - Procedure for consultation with the Union Public Service Commission - reg


The undersigned is directed to refer to this Department's OM No. 39011/12/2009-Estt(B) dated 10.05.2010 on the subject mentioned above vide which a Proforma/Checklist was forwarded to all Ministries/Departments for referring disciplinary cases to Union Public Service Commission (UPSC) in terms of Article 320(3) (c) of the Constitution of India read with Regulation 5 of the UPSC (Exemption from Consultation) Regulations, 1958 (as amended from time to time).

2. The Proforma/ Checklist has been revised in consultation with UPSC so as to ensure that there are no shortcomings while sending the requisite information/ documents to the Commission. It is also expected that the complete reference is received in the Commission at least three months prior to the retirement of the charged officer in case of minor penalty proceedings and at least six months prior to retirement in case of major penalty proceedings in order to get advice of the Commission and the implementation thereof. Wherever the time is less than three months/ six months from the retirement of the Government servant, cogent reasons justifying late submission of case to UPSC are also required to be indicated. 

3. The modified Proforma/Checklist for forwarding disciplinary cases to the UPSC is enclosed for guidance! compliance by all concerned. 

Encl: As above

(Pramod Kumar Jaiswal)
Under Secretary to the Government of India
Tel. No.: 23093175

Amendment in Central Civil Services (Leave) Rules, 1972
Notification on leave as per 7th CPC’s recommendations

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 11th December, 2018

G.S.R. 1209(E).— In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

1. (1) These rules may be called the Central Civil Services (Leave) (Fourth Amendment) Rules, 2018.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972,

(A) in rule 28, in sub-rule (1) for clauses (a), (b) and (c), the following clauses shall be substituted, namely:-

“(a) The leave account of every Government servant (other than a military officer) who is serving in a Vacation Department shall be credited with earned leave, in advance’ in two installments of five days each on the first day of January and July of every calendar year.

(b) In respect of any year in which a Government Servant avails a portion of the vacation, he shall be entitled to additional earned leave in such proportion of twenty days, as the number of days of vacation not taken bears to the full vacation, provided the total earned leave credited shall not exceed thirty days in a calendar year.

(c) If, in any year, the Government servant does not avail any vacation, earned leave will be as per Rule 26 instead of clauses (a) and (b).”;

(B) in rule 29, for sub-rule (1), the following sub-rule shall be substituted, namely:—

“(1) The half pay leave account of every Government servant (other than a military officer and a Government servant serving in a Vacation Department) shall be credited with half pay leave in advance, in two installments of ten days each on the first day of January and July of every calendar year.”;

(C) in rule 43-C. (a) for sub-rule (1), the following sub-rule shall be substituted, namely”;
“(1) Subject to the provisions of this rule, a female Government servant and single male Government servant may be granted child care leave by an authority competent to grant leave for a maximum period of seven hundred and thirty days during entire service for taking care of two eldest surviving children, whether for rearing or for looking after any of their needs, such as education, sickness and the
like.” ;

(b) for sub-rules (3) and (4), the following sub-rules shall be substituted, namely:-

“(3) Grant of child care leave to a female Government servant and a single male Government servant under sub-rule (1) shall be subject to the following conditions, namely:-

(i) it shall not be granted for more than three spells in a calendar year;

(ii) in case of a single female Government servant, the grant of leave in three spells in a calendar year shall be extended to six spells in a calendar year.

(iii) it shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied about the need of child care leave to the probationer, provided that the period for which such leave is sanctioned is minimal.

(iv) child care leave may not be granted for a period less than five days at a time.

(4) During the period of child care leave, a female Government servant and a single male Government servant shall be paid one hundred percent of the salary for the first three hundred and sixty five days, and at eighty percent of the salary for the next three hundred and sixty five days.
Explanation.—Single Male Government Servant’ means – an unmarried or widower or divorcee Government servant.”;

(D) for rule 44, the following rule shall be substituted, namely:-

“44. Work Related Illness and Injury Leave:-

The authority competent to grant leave may grant Work Related Illness and Injury Leave ( herein after referred to as WRIIL) to a Government servant (whether permanent or temporary), who suffers illness or injury that is attributable to or aggravated in the performance of her or his official duties or in consequence of her or his official position subject to the provisions contained in sub-rule (1) of rule 19 of these rules, on the following conditions, namely :

(1) Full pay and allowances shall be granted to all employees during the entire period of hospitalisation on account of WRIIL.

(2) Beyond hospitalization, WRIIL shall be governed as follows:

(a) A Government servant (other than a military officer) full pay and allowances for the six months immediately following hospitalisation and Half Pay for twelve months beyond the said period of six months. The Half Pay period may be commuted to full pay with corresponding number of days of Half Pay Leave debited from the employees leave account.

(b) For officers of Central Armed Police Forces full pay and allowances for six months immediately following the hospitalisation and full pay only for the next twenty four months.

(c) For personnel below the rank of officer of the Central Armed Police Forces full pay and allowances, with no limit regarding period.

(3) In the case of persons to whom the Workmen’s Compensation Act, 1923 applies, the amount of leave salary payable under WRIIL shall be reduced by the amount of compensation paid under the Act.

(4) No Earned Leave or Half Pay Leave shall be credited during the period that employee is on WRIIL.”.

(E) rules 45 and 46 shall be omitted.

sd/-
[F. No. 11020/01/2017 -Estt(L)]
GYANENDRA DEV TRIPATHI Jt. Secy

Recording of annual performance Appraisal Report (APAR) for the financial year 2017-18 in respect of CSS/CSSS officers – ‘Alert’ regarding.


F No.22-10/2018-CS 1(APAR)
Government of India
Ministry of personal,Public Grievances & Pensions
Department of Personal & Training

2nd Floor,A-Wing, Lok Nayak Bhawan
Khan Market,New Delhi-3

New Delhi; the 29th November, 2018
OFFICE MEMORANDUM
Subject: Recording of annual performance Appraisal Report (APAR) for the financial year 2017-18 in respect of CSS/CSSS officers – ‘Alert’ regarding.

Online system for recording of APARs on SPARROW web portal has been introduced in CSS from the financial year 2015-16. Initially,it was implemented for Deputy Secretary and above level officers in CSS and equivalent levels in CSSS w.e.f. the financial year 2015-16. From the financial year 2016-17, SPARROW has been extended from under secretary and above levels in CSS and equivalent levels in CSSS. As per Estt. Division’s O.M. dated 23.07.2009 time schedule for completion of various activities relating to PARs are as under:

Sl. No. Activity Prescribed timelines
1Submission of self-appraisal PAR to the Reporting Officer by the Officer to be Reported Upon (ORU)15th April
2Submission of report by Reporting Officer to Reviewing Officer30th June
3Report to be completed by Reviewing Officer and to be sent to Admn.31st July

2.Keeping in view the difficulties faced by Nodal Officers in the Ministries/Departments and also the individual officers.it was decided  to extend the timelines for completion of APARs on;ine on SPARROW web portal for the financial year 2017-18 as under:

No.ActivityExtended timelines for the FY 2017-18
1Submission of self-appraisal PAR by ORU to the Reporting officer31st July ,2018
2Forwarding pf report by Reporting Officer to Reviewing Officer16th August, 2018
3Forwarding of report by Reviewing Officer Administration/APAR Cell31st August, 2018

3. The progress made toward generation and completon of online APARs on SPARROW system for the financial year 2017-18 is being constantly monitored in this Department.It has been observed that as on date 367 APARs are pending with ORUs,404 APARs are pending with Reporting Officers and 445 APARs are pending with the Reviewing Officers. Apart from the above,a total number of 503 APARs are pending at different stage for disclosure/clodsure. It is note-worthy that the timelines including extended timelines for writing of APARs for the financial  year 2017-18 have been over on 31.8.2018.As per the instructions contained in OM of even number dated 24.07.2018,the entire exercise for writing of APARs in respect of CSS/CSSS officers,for the financial year 2017-18 will be closed on 31.12.2018
4. In the meantime, a new feature for sending ‘alerts; in the SPARROW web portal has been developed by the NIC (SPARROW Division) to remind the officers to complete their APAR activities on SPARROW.
5. Keeping in view the overall progress made in completion of apars on SPARROW, the Ministries/Departments are advised to take the following actions for timely completion of APARs on SPARROW for the financial year 2017-18,before it is finally closed on 31.12.2018.
(i) All the ministries/Department may send ‘alerts’ to all the officers to complete the APARs on lying in their ‘inboxes’The facillity for sending ‘alerts’ are available in the revised  version of SPARROW.
(ii) The PARs in respect of ORU who have still not submitted their PARs to their Reporting Officers,may be given a final chance to submit their self-appraisl to their respective Reporting Officers within 15 days from the date of issue of this OM Thereafter, their APARs may be force forwarded to their next level i.e the Reporting Officer.
(iii) The Nodal officers are advised to devise a mechanism to monitor progress pf completion of APARs for the financial year 2017-18 including disclosure and consideration of representation.if any by the stipulated date i.e 31/12/2018
(iv) It may be re-iterated that the end of entire APAR recording process on SPARROW for the  financial year 2017-18 will be on 31.12.2018.

sd/-
(Chandra Shekhar)
Under Secretary to the Govt. of India

No. 1/1(5)/2018-P&PW(E)
Department of Pension & Pensioners’ Welfare
(Desk E)

Sub: Clarification on date upto which enhanced family pension payable-reg.

Ref: CPAO ID No. CPAO/IT & Tech/Clarification/13(VOL-III)/P&PW/2017-18/193 dated 05.02.2018 and NIC Note, dated 3.4.2013.

CPAO may please refer to above mention ID, dated 5.2.2018 on the subject mentioned above.

2. It was decided to increase the age of retirement from 58 to 60 years vide its notification No.25012/2/97-Estt.(A) dated 13th May, 1998. In pursuance of this decision and in view of the recommendation of the Vth Central Pay Commission, in partial modification of Rule 54(3) (a) of CCS (Pension) rules, 1972, it was decided that the payment of family pension at enhanced rates will be payable for 7 years or till the government servant/pensioner would have attained the age of 67 years against the existing provision of 65 years. This has been applicable in cases where Government servant is to retire at the age of 60 years in pursuance of the notification dated 11.05.1998 and not where Government servant has already retired at the age of 58 years or would have retired at the age of 55 years but for his premature demise.

3. Subsequently rule 54(3)(a)(ii) has also been amended to read as under:
In the event of death of Government servant after retirement, the family pension as determined under sub-clause (i) shall be payable for a period of seven years, or for u period up to the date on which the retired deceased Government servant would have attained the age of 67 years had he survived, whichever is less.

4. In view of this it is clear that family pension at enhanced rates will be payable for 7 years or till the deceased retired government servant would have attained the age of 67 years had he survived, whichever is less, irrespective of type of retirement. date of retirement and age of superannuation applicable in the case of retired Govt. servant. This would equally apply in all Central Civil Govt. Departments/Offices including CPAF and Medical Officers.

5. This issues with the approval of competent authority.

Sd/-
(Sanjoy Shankar)
Under Secretary

CPAO, Trikoot-II, Bhikaji Kama Place, New Delhi
---------------------------------------------------
D/o P&PW ID No. 1/1(5)/2018-P&PW(E)/32206 dated 12th April, 2018

No.25014/05/2016.AIS-II
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi - 110001
Dated the 17 January, 2017

To
The Chief Secretaries of all the
State Governments and UTs.

Subject: Revision of Provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972.

Sir,
I am directed to refer to the Department of Pension and Pensioner Welfare's OM No.38/6/2010-P&PW(A)(Pt.) dated 18th March, 2013 (copy enclosed) regarding "Revision of Provisional pension.".

2. The applicability of the provisions of the aforesaid OM regarding grant of Provisional Pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972 has been considered by this Department and it has been decided to make the provisions of the aforesaid Office Memorandum of Department of Pension and Pensioner Welfare regarding "Revision of Provisional Pension" applicable, mutatis-mutandis, to the All India Service Pensioners to whom provisional pension was sanctioned under Rule 6 of All India Service (Death-Cum-Retirement-Benefits) Rules, 1958.


Yours faithfully,
(Rajesh Kumar Yadav)
Under Secretary of Government of India
Authority: http://dopt.gov.in/

No.11013/7/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-III Desk
North Block, New Delhi,
Dated the 22nd December, 2016
OFFICE MEMORANDUM
Subject:- Central Civil Services (Conduct) Rules 1961 — Guidelines regarding prevention of sexual harassment of women at the workplace – regarding.
The undersigned is directed to refer to the DoPT OM number No.11013/2/2014-Estt.A-III, dated the 16th July, 2015 etc., vide which need for effective mechanism to ensure that inquiries in the case of allegations of sexual harassment are conducted as per the prescribed procedure and that they are monitored have been issued. Recently, a meeting was held under the Chairmanship of Minister, Women and Child Development wherein concern was expressed that the inquiries in such cases are taking unduly long time. It has, therefore, been decided that the following further steps may be taken to ensure that the inquiries are conducted expeditiously and the aggrieved women are not subjected to victimization:

(1) As already conveyed vide OM dated 2nd February, 2015 all Ministries/Departments shall include in their Annual Reports information related to the number of such cases and their disposal.

(2) As far as practicable, the inquiry in such cases should be completed within 1 month and in no case should it take more than 90 days as per the limit prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

(3) It should be ensured that the aggrieved women are not victimized in connection with the complaints filed by them. For a period of five years after a decision in a proven case of sexual harassment, a watch should be kept to ensure that she is not subjected to vendetta. She should not be posted under the Respondent, or any other person where there may be a reasonable ground to believe that she may be subjected to harassment on this account. In case of any victimization the complainant may submit a representation to the Secretary in the case of Ministries/Departments and Head of the Organization in other cases. These representations should be dealt with sensitivity, in consultation with the Complaints Committee, Ministries/Departments and Head of the Organization in other cases. These representations should be dealt with sensitivity, in consultation with the Complaints Committee, and a decision taken within 15 days of the submission of the same.

(4) All Ministries/Departments shall furnish a monthly report to the Ministry of Women and Child Development giving details of number of complaints received, disposed of and action taken in the case.

(Mukesh Chaturvedi)
Director (E)

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