DOP Core Solutions

DoPT Order 2019 - All India Strike on 8th and 9th January, 2019 - Instructions under CCS (Conduct) Rules, 1964

Subject: All India strike for 08th and 9th January, 2019 - Instructions under CCS (Conduct Rules), 1964 - Regarding.

It has been brought to the notice of the Confederation of Central Government Employees and workers has decided to observe two day strike on 8th and 9th January, 2019 to protest against NPS and certain 7th CPC issues.

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow etc. or any action that abet any form of strike/protest in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike/protest. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department's O.M. No.330 12/ I/(s)/2008- Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed strike, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on strike, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty on the day of strike i.e., 08.01.2019 and 09.01.2019.

To

EO&A S/ A S(S& V)/J S(Vig.)/ J S(Trg.)/J S(E)/Secretary( PESB)/PS to M OS(P P)/PSO to Secretary(P)

All Officers/Sections (including PESB) of Department of Personnel & Training.

Copy also forwarded for necessary action to: 

1. Secretary, Central Vigilance Commission, New Delhi.

2. Secretary, Union Public Service Commission, New Delhi.

3. Secretary, Staff Selection Commission, New Delhi.

4. Secretary, Department of Administrative Reforms & Public Grievances, New Delhi.

5. Secretary, Department of Pension & Pensioners' Welfare, New Delhi.

6. Director, Institute of Secretariat Training and Management, New Delhi.

7. The Chief Security Officer, MHA, North Block.

8. The Commandant, CISF with the request to ensure strict vigil on all the gates and if necessary deploy extra security personnel for the purpose.

Source: DoPT

MOST IMMEDIATE
OUT TODAY

No C-.45018/1/2017-Vig.
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 12th November, 2018

It has been brought to the notice of the Government that National Movement for Old Pension Scheme (NMOPS) has decided to observe 'Gherao of Parliament House' on 26th November, 2018 in order to demand withdrawal of New Pension Scheme (NPS).

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow etc. or any action that abet any form of strike/protest in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike/protest. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department's O.M. No.33012/1 /(s)/2008- Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed protestlGherao, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on protest/Gherao, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty in the day of protest/Gherao, i.e., 26.11.2018.

7th Pay Commission Training Allowance - Admissibility of Revised rates: DoP&T OM dated 12.11.2018

No. 13024/01/2016-Trg. Ref.

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

[Training Division (lST/IIPA)]

Block -4, Old JNU Campus,

New Mehrauli Road, New Delhi-67,

Date: November 12 , 2018

OFFICE MEMORANDUM

In continuation of this Department’s O.M. No. 13024/01/2016-Trg. Ref. dated October 24, 2018 on the subject cited above, the undersigned is directed to state that the contents of para 1 (ii) and (iii) of the said O.M. may be read as follows:

Para 1 (ii): “Training Allowance will be admissible only to faculties who join the training academies/institutes/establishments for imparting training for a specified period of time and are then likely to go back’

Para 1 (iii):“Training Allowance will not be admissible to those permanent faculties of training academies/institutes/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 vide their UO No. l24- स्टाफ हक़ नियम ए. आर./0 3/-20l7/Vol.ll dated July 2, 2018.

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

(Biswajit Banerjee)

Under Secretary to the Government of India.

Tel.: 011-26194167

Email ID: biswaiitbaneriee.edu@.nic.in

To

1. All Ministries/Departments of Government of India (as per DOPTs standard list and a request that this OM be given wide publicity)

2. All CTls/ATls

3. Director, LBSNAA, Mussoorie.

4. Director, lSTM, Old JNU, New Delhi

DOPT OM - Availability of option for fixation of pay on MACPs from the DNI in lower post

No. 35034/1/20 l 7-Estt.D

Government of lndia

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

North Block, New Delhi

Dated: 20.09.2018

OFFICE MEMORANDUM

Subject - Availability of option for fixation of pay on MACPs from the date of next increment (DNl) in the lower post and method of "fixation of pay from DNI, if opted for, in context of CCS (RP) Rules. 2016, regarding.

The undersigned is directed to refer to this Department’s OM No. 13/02/2017-Estt.(Pay-I) dated 27.07.2017 and its further clarification vide OM No. 13/02/2017-Estt.(Pay-I) dated 28.08.2018 on the issue of availability of option for fixation of pay on promotion from the date of next increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of CCS(RP) Rules, 2016.

2. A number of references have been received from various quarter including Secretary, Staff Side as to whether the aforesaid OMs 13/02/2017-Estt.(Pay-I) dated 27.07.2017 and 28.08.2018 will be applicable in the ease of MACP also or otherwise. The matter has been examined in consultation with D/o Expenditure and it has been decided that. the aforesaid OMs dated 27.07.2017 and 28.08.2018 will be applicable in the cases of pay fixation after grant of MACP also.

G. Jayanthi

Joint Secretary (E-1)

Note: Option in this regard may be revised as per OM dated 28.08.2018

Source: DoPT

Holidays to be observed in Central Government Offices during 2019

Central Government Holidays List 2019 – DoPT Orders dated 11.7.2019

F. No.12/2/2018-JCA-2

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

Establishment (JCA-2) Section

North Block, New Delhi

Dated the 11th July, 2018

Subject: Holidays to be observed in Central Government Offices during the2019- reg.

It has been decided that the holidays as specified in the Annexure —Ito this O.M. will be observed in all the Administrative Offices of the Central Government located at Delhi/New Delhi during the year 2019. In addition, each employee will also be allowed to avail himself/herself of any two holidays to be chosen by him/her out of the list of Restricted Holidays in Annexure — II

2. Central Government Administrative Offices located outside Delhi I New Delhi shall observe the following holidays compulsorily in addition to three holidays as per para 3.1 below:

1. REPUBLIC DAY

2. INDEPENDENCE DAY

3. MAHATMA GANDHI’S BIRTHDAY

4. BUDDHA PURNIMA

5. CHRISTMAS DAY

6. DUSSEHRA (VIJAY DASHMI)

7. DIWALI (DEEPAVALI)

8. GOOD FRIDAY

9. GURU NANAK’S BIRTHDAY

10. IDU’L FuR

11. IDU’LZUHA

12. MAHAVIR JAYANTI

13. MUHARRAM

14. PROPHET MOHAMMAD’S BIRTHDAY (ID-E-MILAD)

Deputation (Duty) Allowance to Central Government Employees - Recommendations of the 7th Pay Commission - DOPT Orders

This Department’s OM No. 6/8/2009-Estt.(Pay-II) dated 17.6.2010 inter-alia provides for rates of Deputation (Duty) Allowance admissible to Central Government employees.

2. As provided in para 7 of Ministry of Finance, Department of Expenditure’s Resolution No.1-2/2016-IC dated 25th July, 2016, the matter regarding allowances (except Dearness Allowance) based on the recommendations of the 7th Central Pay Commission (CPC) was referred to a Committee under the Chairmanship of Finance Secretary and until a final decision thereon, all Allowances have been paid at the existing rates in the existing pay structure.

3. The decision of the Government on various allowances based on the recommendations of the 7th CPC and in the light of the recommendations of the Committee under the Chairmanship of the Finance Secretary has since been issued as per the Resolution No.11-1/2016-IC dated 6th July 2017 of Department of Expenditure.

4. As mentioned at Sl.No.46 of the Appendix-II of the said Resolution dated 6th July 2017, the recommendation of the 7th CPC for enhancement of ceiling of Deputation (Duty) Allowance for civilians by 2.25 times has been accepted and this decision is effective from 1st July, 2017. Accordingly, the President is pleased to decide that the rates of Deputation (Duty) Allowance and certain other conditions relating to grant of Deputation (Duty) Allowance shall be as under:-

The Deputation (Duty) Allowance admissible shall be at the following rates:

(a) In case of deputation within the same station the Deputation (Duty) Allowance will be payable at the rate of 5% of basic pay subject to a maximum of Rs.4500 p.m.

(b) In case of deputation involving change of station, the Deputation (Duty) Allowance will be payable at the rate of 10% of the basic pay subject to a maximum of Rs.9000 p.m.

(c) The ceilings will further rise by 25 percent each time Dearness Allowance increases by 50 percent.

(d) Basic Pay, from time to time, plus Deputation (Duty) Allowance shall not exceed the basic pay in the apex level i.e. Rs. 2,25,000/-. In the case of Government servants receiving Non Practising Allowance, their basic pay plus Non-Practising Allowance plus Deputation (Duty) Allowance shall not exceed the average of basic pay of the revised scale applicable to the Apex Level and the Level of the Cabinet Secretary i.e. Rs.2,37,500/-.

Note: 1 ‘Basic pay’ in the revised pay structure (the pay structure based on 7th Central Pay Commission recommendations) means the pay drawn by the deputationist, from time to time, in the prescribed Level, in Pay Matrix, of the post held by him substantively in the parent cadre, but does not include any other type of pay like personal pay, etc.

Note: 2 In cases where the basic pay in parent cadre has been upgraded on account of non-functional upgradation (NFU), Modified Assured Career Progression Scheme (MACP), Non Functional Selection Grade (NFSG), etc., the upgraded basic pay under such upgradations shall not be taken into account for the purpose of Deputation (Duty) Allowance.

Note 3 In the case of a Proforma Promotion under Next Below Rule (NBR): If such a Proforma Promotion is in a Level of the Pay Matrix which is higher than that of the ex-cadre post, the basic pay under such Proforma Promotion shall not be taken into account for the purpose of Deputation (Duty) Allowance. However, if such a Proforma Promotion under NBR is in a Level of the pay matrix which is equal to or below that of the ex-cadre post, Deputation (Duty) Allowance shall be admissible on the basic pay of the parent cadre post allowed under the proforma promotion, if opted by the deputationist.

Note 4 In case of Reverse Foreign Service, if the appointment is made to post whose pay structure and/ or Dearness Allowance (DA) pattern is dissimilar to that in the parent organisation, the option for electing to draw the basic pay in the parent cadre [alongwith the Deputation (Duty) Allowance thereon and the personal pay, if any] will not be available to such employee.

Note: 5 The term ‘same station’ for the purpose will be determined with reference to the station where the person was on duty before proceeding on deputation.

Note: 6 Where there is no change in the headquarters with reference to the last post held, the transfer should be treated as within the same station and when there is change in headquarters it would be treated as not in the same station. So far as places falling within the same urban agglomeration of the old headquarters are concerned, they would be treated as transfer within the same station.

5. Para 6.1 of this Department’s OM No.6/8/2009-Estt(Pay-II) dated 17.6.2010 stands amended to the above effect.

6. In so far as persons serving in the Indian Audit & Accounts Department are concerned, these orders issue after consultation with the Comptroller & Auditor General of India.

7. These orders shall take effect from 1st July, 2017

Source: DOPT

Bunching of stages in the Revised pay structure in the grade of Assistant Section Officers – DoPT Orders

F.No.7/1/2017-CS-1(A)(Pt.)

Government of India

Department of Personnel & Training

2nd Floor, Lok Nayak Bhawan

Khan Market, New Delhi-3

Dated 27.02.2017

OFFICE MEMORANDUM

Subject: Bunching of stages in the Revised pay structure in the grade of Assistant Section Officers – Reg.

DoP&T has been receiving many references from various Ministries/ Departments seeking clarification on the issue of grant of bunching to Assistant Section Officers of Central Secretariat Service in terms of Department of Expenditure’s O.M. dated 07.09.16.

It has also been noticed that there have been divergent views on the matter that while some Ministries/ Departments have given the benefit on their own, some other Ministries/ Departments have sought clarifications on various issues they are facing while giving the benefit of bunching in terms of DoE’s O.M. dated 07.09.16.

3. The matter has been taken up for further clarifications with Establishment Division/ Department of Expenditure briefly on the following issues:

i. While the Seventh Pay Commission had not prescribed different modes of pay fixation for Direct Recruit (DR) and Promotee ASOs, there have been two different modes of pay fixation for DR and Promotees prior to implementation of Seventh pay Commission. Due to differential methods of pay fixation, required differential of 3% is not calculable based on seniority alone as the other relevant facts of being DR/ Promotee comes into play here.

ii) The manner of different pay fixation for DR ASO and promotee Assistants has been challenged in various court cases (viz. OA No.2147/2015, OA No. 150/2016, OA No. 1015/2013 and OA No.476/2015 etc.)

4. It has already been decided to consult Department of Expenditure through Establishment (Pay) in the matter and same is under examination. Therefore, to ensure uniform implementation of Department of Expenditure’s instruction, all the Ministries/ Departments are advised to wait for further instructions with regard to grant of bunching benefits to ASOs of CSS and also if orders have already been issued by any Ministry/Department, the same may not be given effect till further instructions.

5. This issues with the approval of competent authority.

sd/-

(K.Srimvasan)

Under Secretary to the Government of India

Click to view the order

Authority: http://dopt.gov.in/