What are all the regulations, Guidelines and instructions in the case of Husband and Wife both working for Central Government in the situations such as applying for House Building Advance, Medical Attendance Rules, Children Education Allowance, Leave Travel Concession Etc ?
How a married couple is treated in
various Central Government service matters when both Husband and Wife
are serving in Central Government?
The need to have a clarity on this subject gains much significance
because treatment of them could differ in each law as each one would
treat them according to the intention of the particular law.For example, both are entitled to draw HRA even if they work in the same station, and live together but not provided with Government accommodation.
But when comes to Allotment of Quarters maintained by Government, only one residence will be provided to them except in the case of Judicial separation.
This article is a compilation of regulations in various service matters in respect of Husband and Wife when both are Central Government Employees.
House Building Advance
HBA can be claimed by either of them.
As per Rule 2 of HBA Rules, for the purpose of eligibility based on
cost-ceiling of the house to be constructed, pay of both of them can be
taken in to account. However, for the purpose of calculating the
maximum amount of advance eligible under HBA, only the pay of the
employee who prefers to avail HBA can be taken in to account.
Medical Attendance Rules
In non-CGHS areas, central government
employees are covered by CS(MA) Rules which provide reimbursement of
medical expenses incurred by the Central Government Employees. In the
case of Both husband and wife working central government, to avoid
double claim for same medical expenses, either Husband or Wife is
permitted to make claims for self and entire family. The person who
prefers to make claims under Medical Attendance Rules should be clearly
mentioned in the joint declaration given by Both Husband and Wife in
this regard. In the event of promotion, transfer, retirement, etc this
declaration can be revised at any time. In the case of wife prefers to
avail this concession for the entire family, she can either choose her
parents or parents-in-law as dependents and prefer medical claim for
them.
Children Education Allowance
As far as reimbursement of payment of tuition fees and hostel fees are concerned, either Husband or Wife can avail the benefit.
Family Planning Allowance
Either Husband or Wife may prefer to
receive Family Planning Allowance. Since FPA is based on pay in pay
band and grade pay, it will be beneficial if the employee drawing higher
pay prefers to receive the same. In that case, there is no condition
specified with regard to the employee who undergone family planning.
Leave Travel Concession
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Wife
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The above mentioned provision relating
to family members can be separately declared and LTC for those members
can be separately claimed by both Husband and Wife, subject to
conditions that children will be eligible for the benefit in one
particular block as members of the family of one of the parents only and
that if husband or wife avails the facility as a member of the family
of the other, he or she is not entitled for claiming the concession for
self independently.
Travelling Allowance
Travelling Allowance allowed in the
event of transfer of one or both of them simultaneously one of the
spouses can prefer the claim and the other will be treated as member of
family. In such situations only one lumpsum grant can be claimed.
If a husband or wife is transfered after
60 days of transfer of the spouse, but within 6 months, 50% of transfer
grant is admissible. However, if both are entitled for reimbursement of
cost of travel by personal car, if required they can travel seperatey
and claim both of such travel expenses.
Family Pension
Either Husband or Wife is entitled for family pension in addition to own pay or pension, if the spouse dies.
In the case of demise of such husband
/wife also, who was receiving family pension for the demise of his/her
spouse, the child / children of the deceased parents should be granted
two family pensions subject to certain limits prescribed. Please refer
to Rule 54 (11), CCS (Pension) Rules in this regard.
House Rent Allowance
HRA will be paid to both husband and
wife even if they work in the same station and did not avail Government
Quarters. Even if one of them avails the Government residence in the
same station where the other spouse is working, he/she will not be
entitled for HRA.
Central Government Health Scheme
While both alongwith their family
members will be eligible for medical treatement under CGHS, the spouse
drawing higher pay will contribute to the Scheme. The scheme does not
cover the Parents of the non-contributing employee.
However, women employees can prefer to include her parents-in-law, instead of her parents, in the family for availing CGHS.
If both Husband and Wife prefer to contribute for CGHS, parents of both will be entitled for medical benefits under CGHS.
Allotment of Residence
For the purpose of allotment of
residence status of each of Husband and Wife such as designation,
pay/grade pay drawn, service experience etc will be considered
independently. In other words, higher status of either of two can be
taken into account for priority, higher grade of residence etc. In any
case both Husband and wife are entitled for allotment of one residence
only except in the event of judicial separation.
Transfer norms when Husband and wife are in Government service
Also Checkout following link to get all
the Govt orders and instructions regarding Transfer Norms when husband
and wife are working in Central Government Service (Spouse Grounds)
The affected employees feel that although the all guidelines for implementing the facility issued by the Government, the Head of Departments are not feasible to make it clear to stricken employees.
Posting of Husband and Wife at the Same Station - Dopt orders
Concerning the posting at the same place
of husband and wife who are working in Government service, the transfer
issues have been raised in Parliament on several occasions. In 1980’s
these demands began to show its seriousness, because the percentage of
women employees were increased in joining the Government services. The
Central Government also observed this issue from various forums, a
circular had been issued by the Department of Social Welfare in Feb 1976
to all Head of Departments to give serious consideration to the
requests of posting of husband and wife at the same station. In order to
that order, lot of women employees started to send their request to
transfer at the place where their husbands are posted.
The Central Government gave its utmost
importance to this issue and as far as possible and within the
constraints of administrative feasibility, the husband and wife should
be posted at the same station to enable them to lead a normal family
life and to ensure the education and welfare of their children. The
Department of Personnel and Training issued an OM on 3.4.86, in
accordance with the guidelines and instructions in the order given by
the Government, all cadre controlling authorities should consider such
requests with the utmost sympathy.
The Department of Personnel and Training
issued various office memorandums regarding this matter from time to
time. The motive of the Government on the petitioners, said in the
orders repeatedly, to give utmost importance attached to the enhancement
of women’s status in all walks of life and to enable them to lead a
normal family life as also to ensure the education and welfare of the
children.
Till recently, the persmin has issued
total of six orders pertaining the above subject on its website. After
implementation of the 6th CPC, the last order has been issued on
30.09.2009. The order said that “On the basis of the 6th CPC reprot,
Government servants have already been allowed the facility of Child Care
Leave which is admissible till the children attain 18 years of age”.
The consolidated guidelines concerened this subject has been provided in
the OM dated 12.06.1997. The consolidated guidelines has been amended
and published in the last order after implementation of 6th CPC.
In the main guidelines, ”The husband
& wife, if working in the same Department and if the required level
of post is available, should invariably be posted together in order to
enable them to lead a normal family life and look after the welfare of
their children especially till the children attain 18 years of age. This
will not apply on appointment under the central Staffing Scheme. Where
only wife is a Govt. servant, the above concessions would be applicable
to the Govt. servant. Complaints are sometimes received that even if
posts are available in the station of posting of the spouse, the
administrative authorities do not accommodate the employees citing
administrative reasons. In all such cases, the cadre controlling
authority should strive to post the employee at the station of the
spouse and in case of inability to do so, specific reasons, therefor,
may be communicated to the employee”.
We have made a table of orders for your kind consideration…
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No.
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O.M. No./O.M. Date
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Subject Link
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Download
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1.
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No.28034/7/86-Estt.(A)
03/04/1986
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Posting of husband and wife at the same station
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2.
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No.A-B14017/41/90-Estt(RR)
10/05/1990
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Posting of Physically Handicapped Candidates
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3.
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No.AB14017/41/90- Estt.(RR)
15/02/1991
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Posting of Government employees who have mentally retarded children
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4.
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No. 28034/2/97-Estt. (A)
12/06/1997
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Posting of husband and wife at the same station
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5.
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No.14017/16/2002-Estt(RR)
13/03/2002
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Posting of physically handicapped candidates
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6.
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No. 28034/9/2009-Estt.(A) 30/09/2009
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Posting of husband and wife at the same station
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7.
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No. 41017/10/2015-Estt.(A)
17/04/2015
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Status of implementation of the Supreme Court judgement dated 31.10.2013
in WP(Civil) No. 82/2011 in the matter of Shri T.S.R. Subramanian and
Others vs. UOI and Others - Parliament Assurance in Rajya Sabha
Unstarred Q.No.988, answered on 17.07.2014, on Amendment in Rule 3(3) of
All India Service (Conduct) Rules - regarding
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8.
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No. 11013/10/2013-Estt.(A) 02/07/2015
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Framing a Transfer Policy in all cadres - regarding
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The affected employees feel that although the all guidelines for implementing the facility issued by the Government, the Head of Departments are not feasible to make it clear to stricken employees.