Ministry of Personnel,
Public Grievances & Pensions
29-March-2017 14:23 IST
Age Relaxation in Job
Relaxation of age up to 35 years (up to 40 years for
members of Scheduled Castes and Scheduled Tribes) for the widows, divorced
women and women judicially separated (JSW) from their husbands who are not
re-married, for employment to Group ‘C’ and erstwhile Group ‘D’ post already
exists in Department of Personnel & Training’s (DoP&T) Office
Memorandum (OM) No. 15012/13/79-Estt (D) dated 19.01.1980. Similar relaxation
also exists for Group ‘A’ and Group ‘B’ posts except where recruitment is made
through open competitive Examination in DoP&T OM No. 15012/1/87-Estt.(D)
dated 05.10.1990. All the above mentioned instructions have been reiterated
vide DoP&T OM No. 41034/1/2014-Estt.(D) dated 30.01.2014.
It is incumbent
upon all the Ministries/Departments of Government of India to follow the above
This was stated
by the Minister of State in the Ministry of Personnel, Public Grievances and
Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra
Singh in a written reply to a question by Shri B. Sriramulu in the Lok Sabha
IMPLEMENTATION OF MACP
RETROSPECTIVELY W.E.F. 01-09-2008 AND DENYING PROMOTIONAL HIERARCHY UNDER ACP
FOR THOSE WHO HAVE COMPLETED REQUIRED SERVICE DURING THE PERIOD BETWEEN
01-09-2009 TO 19-05-2009 HELD NOT LEGAL
CLICK HERE TO DOWNLOAD THE JUDGMENT
TO SC, ST IS PROVIDED IN THE MATTER OF PROMOTION
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
UNSTARRED QUESTION NO: 3227
ANSWERED ON: 22.03.2017
Promotion to Reserved
KAUSHAL KISHOREWill the Minister of
PERSONNEL, PUBLIC GRIEVANCES
AND PENSIONS be pleased to state:-
(a) whether the non-gazetted
employees belonging to the SC/ST categories working with the Central Government
and the autonomous institutions are not given promotion as per the reservation
(b) if so, the reasons
(c) whether a number of
proposals for amendments in the rules for promotion are under consideration of
the Government; and
(d) if so, the details
thereof and the reaction of the Government thereto?
Minister of State in the Ministry of Personnel,
Public Grievances and Pensions and Minister of State in the Prime Minister’s
Office. (DR. JITENDRA SINGH)
(a) & (b): As per extant
instructions, reservation to the members of the Scheduled Castes and the
Scheduled Tribes is provided in the matter of promotion when promotion is made:
(a) through Limited Departmental Competitive Examination in Group B, Group C
and Group D posts; (b) by selection from Group B post to a Group A post or in
Group B, Group C and Group D posts; and (c) by non-selection in Group A, Group
B, Group C and Group D posts. Reservation in all the above cases is given at
the rate of 15 per cent for the Scheduled Castes and 7.5 per cent for the
Scheduled Tribes. However, reservation in promotion is not given in the grades
in which the element of direct recruitment, if any, exceeds 75 per cent.
As per extant instructions,
Autonomous Bodies/Institutions including Municipal Corporations, Cooperative
Institutions etc. under the administrative control of the Central Government
also provide reservation for Scheduled Castes and Scheduled Tribes in their
services on the lines of the reservations in services under Central Government.
However, as desired by the
Honble Supreme Court in Contempt Petition No.314/2016, conveyed to the Law
Officer and intimated by him, instructions in pursuance were issued by
Department of Personnel and Training on 30.9.2016 not to rely upon Office
Memorandum of 10.08.2010 for implementation of own merit concept in promotion
for Scheduled Castes and Scheduled Tribes. Due to this, there may be
administrative difficulties while considering cases for promotion of employees,
including SCs and STs, where selections in promotion have already been made on
own merit or are to be made by applying own merit by the concerned cadre
(c): No, Madam.
(d): Does not arise in view
of reply given to Part (c) above.
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
New Delhi, the 15th March, 2017
G.S.R. 251(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 the 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) Amendment Rules, 2017.
(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, for rule 48, the following rule shall be substituted, namely:-
"48, Special Leave connected to inquiry of sexual harassment -Leave upto a period of 90 days may begranted to an aggrieved female Government Servant on the recommendation of the Internal Committee or theLocal Committee, as the case may be, during the pendency of inquiry under the Sexual Harassment ofWomen at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the leave granted to theaggrieved female Government Servant under this rule shall not be debited against the leave account".
Note on the proceedings of the meetings, the NPS Committee had with the Staff Side, JCM. National Council on 20th January, and 17th March, 2017.
As you are aware, the Govt. had set up a committee as per recommendations of the 7th CPC to streamline the procedure and functioning of the NPS. The Staff Side of NC JCM was asked to present their views in the matter. The meeting was on 20th January, 2017. The Staff side made a written presentation to the committee on the subject. (The note was placed on the website). However, it also took the stand that the consultation with staff side could not be held in the manner of a Raj durbar as quite a number of Associations especially representing the organised Group A services and the All India Service officers were also invited to the said meeting. The staff side was assured of an independent hearing. Subsequently the sub-committee III (The Pension Committee had set up three sub committees to interact with various stake holders on different subjects) under the Chairmanship of Ms. Vandana Sharma, Addl. Secretary of the Department of Pension and Pensioners Welfare convened a meeting on 10th February, 2017. The Sub- Committee was more concerned about the applicability of various provisions of the present rules to the NPS subscribers especially those which are punitive in character. In the event of a Government servant being found guilty under the CCS (CCA) Rules, the Government is empowered to restrict, reduce or reject the Pension and other retirement benefits. Prior to the meeting, the sub Committee had asked for views on various issues to be discussed at the meeting. The official Side wanted similar rules in the case of NPS subscribers. The Staff Side had submitted a written Note in this regard. The said Note has also been placed on the website. In the meeting, the Staff Side had made it categorically clear that no such rules could be imposed on the NPS subscriber as the annuity which he purchases on the basis of the contribution made at the end of his service is the product of a financial transaction and cannot be unilaterally altered at the whims of the employer. Once the contributions of the employee and the employer is remitted to the investing agency, the employer ceases to be a stake holder any more in the scheme.
The third meeting was held on 17th March, 2017. The meeting was chaired by the Secretary Pension. The said meeting was to specifically interact with the members of the Staff Side. On behalf of the Staff side, the following comrades took part in the meeting.
1.Com. M.Raghavaiah (Leader, Staff Side)
2.Com. Sivgopal Misra(Secretary Staff Side)
4.Com. C. Sreekumar(AIDEF)
5.Com. Guman Singh and (NFIR)
6.Com. Sreenivasan (INDWF)
As indicated earlier, several Associations of Group A Officers had made their presentations. Some of the important points mentioned by them during the discussions were: 1)Discrimination between pre and post 2004 officials- 2)While Govt. determines the quantum of pension subscription and makes it mandatory it refuses to guarantee a minimum return. 3)Atal Pension Yojana offers better and guaranteed benefit to the Subscribers. 4)The Government’s assurance that the employees under NPS will get annuity not less than the minimum pension under the defined benefit scheme and might even be more was made on wrong assumption in as much as -
a)100% of the corpus was taken for computation of annuity whereas as per the scheme only 40% of the pension wealth alone would b e available.
b)Fund expenses are exorbitantly under- valued.
c)No benefit for the family the case of a Pensioner, who dies at an early age under NPS.
d)Annuity is not cost-indexed. 5)Two officers at the level of the Secretary to GOI retiring on the same day in 2037( former recruited in 2003 and latter in 2004 )will have a huge differential in pension. The 2003 recruitee will have pension 3.25 times of the annuity of the 2004 recruitee. Over a period of next 10 years i.e in 2047,(due to cost indexation) the 2003 recruitee will have pension 7.4 times of what the 2004 NPS official receives as annuity. 6)In most of the countries where contributory pension scheme is in vogue, the Govt’s (employer) contribution is 25% of the salary while that of the employee is 10% 7)The NPS Contribution do not enjoy the Tax benefits like PPF, EPF, GPF etc.
The Secretary Pension informed the members that the Committee’s mandate is only to make suggestions to streamline the NPS procedures and make the rules simple and transparent. The basic features will not therefore undergo any change. He concluded that neither the scheme would be replaced or discarded, nor any guaranteed minimum pension would be offered. as in both cases Govt. will have to undertake financial obligations. He clarified that the Sub Committees have been set up to expedite the work. The staff Side in their presentation made out inter alia the following points: a)The number of employees covered under NPS in increasing day by day and in a decade’s time, they might become significant segment of the Government personnel. b)All those who are covered by the scheme are extremely critical and resent that their savings are channelled into private hands to help the corporate bodies to make enormous profits. c)There is no likelihood either now or in any time in future that NPS subscribers will be able to purchase an annuity equivalent to what the pensioners under the Defined Benefit Scheme is entitled. The Government must honour its commitment made to this effect to the staff side in the National Council, when the NPS was introduced. d)The Committee in its report must at least bring it to the notice of Government that the Staff Side of the JCM is of the firm view that the cosmetic changes in the scheme will not bring about any tangible benefit to the subscribers and the Government must as an interim measure guarantee the pension to NPS subscribers equivalent to what is provided for the personnel covered under the defined benefit scheme. e)The Staff Side opined that the committee will be well within its term of reference to suggest.
(i)Cost-indexation of annuity as the Contribution made by the subscribers and the Government as employer is 10% of the salary-salary for this purpose being Basic Pay and Dearness allowance. In other words, in every six months contribution increases and therefore it is logical that the annuity is also raised every six months to keep pace with the rate of inflation.
(ii)Minimum guarantee is assured by many countries even under the contributory system of pension and the provision to the contrary in the PFRDA Act must be recommended to be removed.
(iii)It is a welcome step that the Govt. has now decided to extend the benefit of family pension in the case of all NPS subscribers who die in harness. The family pension can therefore be assured at the prevailing rate for all NPS subscribers, if necessary by appropriating a one-time deduction from their pension wealth, at their option, at the time of retirement.
(iv)To introduce the GPF again as a voluntary option.
(v)All NPS subscribers must be provided with a payment slip by the heads of offices indicating the amount deducted, the amount contributed by the Govt. and the date on which the sum has been made over the to the fund managers, irrespective of the communication the subscriber is entitled to get from the PFRDA registry.
(vi)No rules to be framed to link the pension benefit with disciplinary proceedings.
(vii)The present investment pattern prescribed must be reviewed for its viability periodically.
(viii)The Sub Committee which goes into the issue concerning framing rules may be asked to interact with the Staff Side once the draft rules are ready.
(ix)In so far as customer friendly procedures are concerned, the committee may look at the best international practices with a view to adopt and incorporate them.
It could be seen from the deliberations in the committee that nothing short of replacing NPS with Statutory defined Benefit Pension Scheme will bring about anything good for new recruitees. Our endeavour must be in that direction whereby sanctions are generated and compulsions are felt by the Govt as early as possible.