29/10/2023
World Postal News
28/10/2023
Subject: Minutes of the 62nd Meeting of the Standing Committee of National Council (JCM) held on 20.09.2023 Under the Chairperson ship of Secretary (P).
F. No. 3/2/2023-JCA Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training) Establishment JCA Division
To Shri Shiv Gopal Mishra, Secretary, Staff-Side National Council, JCM, 13-C, Ferozshah Road, New Delhi-110001 North Block, New Delhi Dated: 19th October, 2023 CORRIGENDUM
The undersigned is directed to refer to DoPT's OM of even number dated 10th October, 2023 forwarding therewith the minutes of the 62nd meeting of the Standing Committee of National Council(JCM) held on 20.09.2023 and to say that the following amendments to the said minutes are made:-
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Para No |
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Read As
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1 |
3(ii) |
The Staff Side demanded to retain the status of Defence Civilian Employees as Central Government Employees/Defence Civilian Employees in the newly created 7 DPSUs until their Superannuation/retirement. DDG, D/o Defence Production explained that they are in the process of finalizing service rules and conditions for DPSUs, and employees would have the option to opt them or remain in Government service. It was decided that Department of Defence will facilitate dialogue between management of DPSUs and service associations for defence civilian employees presently on deemed deputation. |
The Staff Side demanded to retain the status of Defence Civilian Employees as Central Government Employees/Defence Civilian Employees in the newly created 7 DPSUs until their Superannuation/retirement. DDG, D/o Defence Production explained that they are in the process of finalizing service rules and conditions for DPSUs, and employees would have the option ta apt them or remain in government service. it was decided that Department of Defence will facilitate dialogue between Management of DPSUs and service associations for defence civilian employees presently on deemed deputation.
The Defence Ministry may also hold regular meeting with the Staff Side to resolve the issues arising after corporatization of Ordinance Factory.
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2 |
3(x) |
The Staff Side demanded for extending the benefit of an option to switch over to the 7th CPC Pay Scale and extending revised options for those given entry pay benefit on promotion in the 6th CPC pay scales to switch over to 6th CPC pay scale w.e.f. 1.1.2006. Special Secretary, Department of Expenditure, stated that the demand for another option to switch over to the 7th CPC Pay Scale cannot be agreed to in view of options already granted in the past. As for the demand for extending revised options for those given entry pay benefit on promotion, she stated that cases as such are being considered on case to case basis.
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The Staff Side demanded for extending the benefit of an option to switch over to the 7th CPC Pay Scale and extending revised options for those given entry pay benefit on promotion in the 6h CPC pay scales to switch over to 6th CPC pay scale w.e.f 1.1.2006. Special Secretary, Department of Expenditure, stated that the demand for another option to switch over to the 7th CPC Pay Scale cannot be agreed to in view of options already granted in the past. As for the demand for extending revised options for those given entry pay benefit on promotion, she stated that cases as such are being considered an case to case basis. The Staff Side requested to reconsider the proposal for option to switch over to the 7th CPC Pay Scale at least for a period of one year i.e. 25.07.2017. |
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3 |
3(XII) |
The Staff Side demanded DoPT to issue a clarification that service associations under CCS (RSA) Rule 1993 are out of the purview of Rule 15 (1) of the CCS (Conduct) Rules, 1964. It was decided that the matter will be examined by the Department of Personnel & Training. |
The Staff Side demanded DoPT to issue a clarification that service associations under CCS (RSA) Rule 1993 and Employees Cooperative Societies/ Banks which are covered under the Central Cooperative Societies Act and the respective State Governments Cooperative Societies Act are out of the purview of Rule 15 (1) of the CCS (Conduct) Rules, 1964. It was decided that the matter will be examined by the Department of Personnel & Training. |
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4 |
Annexure- II |
Key Points raised by Secretary (Staff Side): 9. He raised the issue of withdrawal of 3rd MACP to certain category of Industrial Employees under M/o Defence. |
9. The 3rd MACP in Grade Pay Rs.4600/- granted to the Industrial Employees of Defence Ministry (Master Craftsman upto 31.12.2005) may not be withdrawn as it is based on various court Judgment |
Copy to
1. General Secretary, AIRF, 4 State Entry Road, New Delhi
2. General Secretary, NFIR, 3 Chelmsford Road, New Delhi
3. All the Members of the Standing Committee (JCM)
Judgment.
(Parveen Jargar)
Deputy Secretary to the Govt. of India
62nd Meeting of the Standing Committee of National Council (JCM) held on 20.09.2023 under the Chairpersonship of Secretary (P): Official Minutes issued by DoP&T dated 10.10.2023 read with Corrigendum dated 19.10.2023.
F. No. 3/2/2023-JCA
Government of India
Ministry of Personnel, Public Grievances and Pensions WY
(Department of Personnel & Training)
Establishment JCA Division
North Block, New Delhi
Dated: 19th October, 2023
To
Shri Shiv Gopal
Mishra,
Secretary, Staff-Side
National Council, JCM,
13-C, Ferozshah Road,
New Delhi-110001
CORRIGENDUM
Sir,
The undersigned is directed to refer ta DoPT’s OM of even number dated 10th
October, 2023 forwarding therewith the minutes of the 62th meeting of the
Standing Committee of National
Council (JCM) held on 20.09.2023 and to Say that the following amendments
to the Said minutes are made:-
|
Sl. No. |
Para No. |
Read For |
Read As |
|
1) |
3(ii) |
The Staff Side demanded to retain the status of Defence Civilian Employees as Central Government Employees/ Defence Civilian Employees in the newly created 7 DPSUs until their superannuation/ retirement. DDG, D/o Defence Production explained that they are in the process of finalizing service rules and conditions for DPSUs, and employees would have the option to opt them or remain in Government service. It was decided that Department of Defence will facilitate dialogue between management of DPSUs and service associations for defence civilian employees presently on deemed deputation. |
The Staff Side demanded to retain the Status of Defence Civilian Employees as Central Government Employees/ Defence Civilian Employees in the newly created 7 DPSUs until their Superannuation/ retirement. DDG, D/o Defence Production explained that they are in the process of finalizing service rules and conditions for DPSUs, and employees would have the option to opt them or remain in Government service. It was facilitate dialogue between management of DPSUs and service associations for defence civilian employees Presently on deemed deputation. The Defence Ministry may also hold regular meeting with the Staff Side to resolve the issues arising after corporatization of Ordinance Factory. |
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2) |
3(x) |
The Staff Side demanded for extending the benefit of an option to switch over to the 7th CPC Pay Scale and extending revised options for those given entry pay benefit on promotion in the 6th CPC pay scales to switch over to 6th CPC pay scale w.e.f. 1.1.2006. Special Secretary, Department of Expenditure, stated that the demand for another option to Switch over to the 7th CPC Pay Scale cannot be agreed to in view of options already granted in the past. As for the demand for extending revised options for those given entry pay benefit on promotion, she stated that cases as such are being considered on case to case basis. |
The Staff Side demanded for extending the benefit of an option to switch over to the 7th CPC Pay Scale and extending revised options for those given entry pay benefit on promotion in the 6th CPC pay scales to switch over to 6th CPC pay scale wef. 1.1.2006. Special Secretary, Department of Expenditure, stated that the demand for another option to switch over for the 7th CPC Pay Scale cannot be agreed to in view of options already granted in the past. As for the demand for extending revised options for those given entry pay benefit on promotion, she stated that cases as such are being considered on case to case basis. The Staff Side requested to reconsider the proposal for option to switch over to the 7th CPC Pay Scale at least for a period of one year i.e. 25.07.2017. |
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3) |
3(xii) |
The Staff Side demanded DoPT to issue a clarification that service associations under CCS (RSA) Rule 1993 are out of the purview of Rule 15 (1) of the CCS (Conduct) Rules, 1964. It was decided that the matter will be examined by the Department of Personnel & Training. |
The Staff Side demanded DoPT to issue a clarification that service associations under CCS (RSA) Rule 1993 and Employees Cooperative Societies/ Banks which are covered under the Central Cooperative Societies Act and the respective State Governments Cooperative Societies Act are cut of the purview of Rule 15 (1) of the CCS (Conduct) Rules, 1964. It was decided that the matter will be examined by the Department of Personnel & Training. |
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4) |
Annexure-II |
Key Points raised by Secretary (Staff Side). He raised the issue of withdrawal of 3rd MACP to certain category of Industrial Employees under M/o Defence. |
9. The 3rd MACP in Grade Pay Rs.4600/- granted to the Industrial Employees of Defence Ministry (Master Craftsman upto 31.12.2005) may not be withdrawn as it is based on various court Judgment. |
(Parveen Jargar)
Deputy Secretary to the Govt. of India
No. 3/2/2023-JCA
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (JCA) Section
North Block, New Delhi-110001
Dated 10th October, 2023
To
Shiva Gopal Mishra
Secretary, Staff-Side
National Council, JCM
13-C, Ferozshah Road,
New Delhi-110001
Subject: Minutes of the 62nd Meeting of Standing Committee of National Council (JCM), held on 20.09.2023 under the Chairpersonship of Secretary (P).
Sir,
I am directed to enclose herewith a copy of the Minutes of the 62nd Meeting of
Standing Committee of National Council (JCM), held on 20.09.2023 under the
Chairpersonship of Secretary (P).
(Gandharv Kumar Sandilya )
Under Secretary to the Govt. of India
Tel. 2309 4678
Copy to
1, General Secretary, AIRF, 4 State Entry Road, New Delhi.
2. General Secretary, NFIR, 3 Chelmsford Road, New Delhi
3, All the Members of the Standing Committee (JCM)
The 62nd Meeting of the Standing Committee of National Council (JCM) was held on 20th September, 2023 at 12.00 Noon at North Block, New Delhi, under the chairpersonship of Ms. Radha Chauhan, Secretary (Pers.), Department of Personnel and Training. List of participants is at Annexure I.
2. Additional
Secretary (PP) welcomed the Chairperson, Leader (Staff Side), Secretary (Staff
Side), Members of the Staff Side and representatives of Ministries and
Departments. The Chairperson also welcomed the participants to the meeting.
Thereafter Leader (Staff Side) and Secretary (Staff Side) also welcomed and
addressed the Committee. The key points made by them during their welcome
addresses are at Annexure -II.
3. The agenda items and decisions taken thereon are given below:-
The staff side demanded the extension of CGHS coverage to employees in industrial establishments under Western Naval Command in Mumbai, in addition to Naval Dockyard. Additional Secretary, M/o H&FW informed that Department of Defence has referred a proposal to the M/o H&FW for extending CGHS facilities to industrial employees of left over industrial establishments under Western command in Navy Mumbai. The scope of CGHS benefits extension was discussed. It was noted that there were issues relating to category of employees and area of scope that needed to be clarified. It was decided that further discussions will be held between the Ministry of Health & Family Welfare and Department of Defence to clarify the issues.
On the demand to empanel Private Day Care Therapy Centres for Ayurveda, Yoga & Naturopathy under CGHS across all CGHS covered cities/towns, Additional Secretary, M/o H&FW stated that 30 such centres have been empanelled in Delhi and extending this facility to other areas will be considered based on the performance and outcomes in Delhi.
The Staff Side demanded to retain the status of Defence Civilian Employees as Central Government Employees/Defence Civilian Employees in the newly created / DPSUs until their superannuation/retirement. DDG, D/o Defence Production explained that they are in the process of finalizing service rules and conditions for DPSUs, and employees would have the option to opt them or remain in Government service. It was decided that Department of Defence will facilitate dialogue between management of DPSUs and service associations for defence civilian employees presently on deemed deputation.
With regard to the demand to allow the booking of two rooms by an employee through the e-Sampada Portal in CPWD Guest Houses/Holiday Homes, Director, Directorate of Estates expressed difficulties due to limited number of CPWD Guest Houses/Holiday Homes and huge demand for them. It was suggested that the Ministry of Housing and Urban Affairs may explore the possibility of allowing booking of two rooms at locations with low room demand.
The Staff Side demanded for restoration of pay parity between Income Tax Inspectors and analogous posts in the Department of Revenue and Inspectors of CBI/ ACIO Gr.-I of IB. Director, Department of Revenue informed that they had examined the proposal and did not find it administratively feasible to recommend the proposal to DoE due to different classifications of inspectors within the department and potential cascading effects. After detailed discussion, it was decided that Department of Revenue will hold a meeting with stakeholders including CBDT, CBIC and Staff Association. It was also decided that DoPT will issue instructions to schedule Departmental Council meetings in various Ministries and Departments.
(vi) Item No. 4/SC/62/23(Department of Expenditure)
A demand was made by the Staff Side for the revision of limit of Deposit Linked Insurance Scheme from Rs 60,000 to Rs 6,00,000 under the GPF for Central Government Employees on the lines of limit in Deposit Linked Insurance Scheme under EFP scheme. The justification for demand was given by the Staff Side. Special Secretary, Department of Expenditure stated that in view of additional facts presented by the Staff Side, the matter will be reconsidered.
(vii) Item No. 5/SC/62/23(Department of Expenditure)
The Staff Side demanded for revision of ceiling limit of PLB and ad-hoc bonus for Central Government Employees. Special Secretary, Department of Expenditure stated that the Bonus to central government employees is at present Rs.7,000 which is aligned with the Payment of Bonus Act, 1969. The proposal will be considered whenever there is an increase in limit under the Act.
(viii) Item No. 6/SC/62/23 (Department of Expenditure)
In regard to the demand for restoration of festival advance to Central Government Employees, Special Secretary, Department of Expenditure stated that a proposal for restoration of festival advance is under consideration.
(ix) Item No. 7/SC/62/23(Department of Expenditure)
As for the demand for stepping up of pay for seniors promoted prior to 31.12.2015, who are receiving lesser pay than juniors promoted after 01.01.2016, Special Secretary, Department of Expenditure stated that the matter is under consideration.
(x) Item No. 8/SC/62/23 (Department of Expenditure)
The
Staff Side demanded for extending the benefit of an option to switch over to
the 7th CPC Pay Scale and extending revised options for those given entry pay
benefit on promotion in the 6th CPC pay scales to switch over to 6th CPC pay
scale w.r.t. 1.1.2006. Special Secretary, Department of Expenditure, stated
that the demand for another option to switch over to the 7th CPC Pay Scale
cannot be agreed to in view of options already granted in the past. As for the
demand for extending revised options for those given entry pay benefit on
promotion, she stated that cases as such are being considered on case to case
basis.
The Staff Side demanded for extending the benefit of an option to switch over to the 7th CPC Pay Scale and extending revised options for those given entry pay benefit on promotion in the 6th CPC pay scales to switch over to 6th CPC pay scale wef. 1.1.2006. Special Secretary, Department of Expenditure, stated that the demand for another option to switch over for the 7th CPC Pay Scale cannot be agreed to in view of options already granted in the past. As for the demand for extending revised options for those given entry pay benefit on promotion, she stated that cases as such are being considered on case to case basis.
The Staff Side requested to reconsider the proposal for option to switch over to the 7th CPC Pay Scale at least for a period of one year i.e. 25.07.2017.
The Staff Side sought intervention against derecognition of service associations. They particularly mentioned the case of derecognition of two service associations in Postal Department. DG, Postal Services explained the facts of the case for their derecognition and mentioned that the matter is sub judice. The Staff Side also pointed out replacement of JCM with grievance redressal system in ISRO. It was decided that the matter will be taken up with Department of Space.
The
Staff Side demanded DoPT to issue a clarification that service associations
under CCS (RSA) Rule 1993 are out of the purview of Rule 15 (1) of the CCS
(Conduct) Rules, 1964. It was decided that the matter will be examined by the
Department of Personnel & Training. The Staff Side demanded
DoPT to issue a clarification that service associations under CCS (RSA) Rule
1993 and Employees Cooperative Societies/ Banks which are covered under the
Central Cooperative Societies Act and the respective State Governments
Cooperative Societies Act are cut of the purview
of Rule 15 (1) of the CCS (Conduct) Rules, 1964. It was decided
that the matter will be examined by the Department of Personnel & Training.
With regard to the demand for a one-time relaxation for employees who availed LTC-80 to Andaman & Nicobar Island by purchasing air tickets from sources other than authorized ones, it was decided that the proposal will be reconsidered by Department of Personnel and Training. The Staff Side demanded DoPT to issue a clarification that service associations under CCS (RSA) Rule 1993 and Employees Cooperative Societies/ Banks which are covered under the Central Cooperative Societies Act and the respective State Governments Cooperative Societies Act are cut of the purview of Rule 15 (1) of the CCS (Conduct) Rules, 1964. It was decided that the matter will be examined by the Department of Personnel & Training.
Other Decisions: It was decided with the approval of the Chairperson that a separate meeting under the chairmanship of Additional Secretary (PP) will be held to discuss 13 agenda items carried over from the last meeting. Additionally, a meeting to discuss pending awards given by the Board of Arbitration will also be scheduled. Staff Side will share the dates for these meetings
The meeting concluded with a vote of thanks to the Chair.
Annexure- 1
LIST OF PARTICIPANTS WHO ATTENDED THE MEETING OF THE 62ND STANDING COMMITTEE OF THE NATIONAL COUNCIL (JCM) HELD ON 20TH SEPTMBER 2023
Chairmanship: Secretary (Personnel)
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Sl. No. |
OFFICIAL SIDES |
Sl. No. |
STAFF SIDE |
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1. |
Sh. Alok Sharma |
1. |
Sh. M. Raghavaiah |
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2. |
Ms. Annie George Matthew |
2. |
Sh. Shiva Gopal Mishra |
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3. |
Ms. Roli Singh |
3. |
Dr. N. Kanniah |
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4. |
Sh. Manoj Kumar Dwivedi |
4 |
Sh. Guman Singh |
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5. |
Sh. S.N. Mathur |
5. |
Sh. R. Srinivasan |
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6. |
Sh. Jagdeep Gupta |
6. |
Sh. Chsankara Rao |
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7. |
Sh. Akhilesh Kumar Mishra |
7. |
Sh. J.R. Bhosale |
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8. |
Sh. Surendra Prasad Yadav |
8. |
Sh. C. Srikumar |
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9. |
Sh. Deepak Peter Gabriel |
9. |
Sh. Rupak Sarkar |
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10. |
Sh. Anil Bansal, Sr. Director (D/o P&PW) |
10. |
Sh. Tapas Bose |
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11. |
Sh. Manoj Kumar Singh, Director(HQ) (Revenue) |
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12. |
Sh. N.K. Meena, Director (D/o AR & PG) |
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13. |
Sh. M.C. Sonowal, Director (Directorate of Estates, MoHUA) |
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14. |
Ms. Asha Chauhan, Director (M/o Ayush) |
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15. |
Sh. Pramod Kumar, Dir (D/o P&PW) |
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16. |
Sh. Ravinder Kumar, Director (D/o P&PW) |
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17. |
Sh. Murali Bhavaraju, Dir (Pay) (DoP&T) |
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18. |
Sh. Umesh Kumar Bhatia, Dir (PP) (DoP&T) |
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19. |
Sh. J. Ashok Kumar, Dir (AVD-CS) (DoP&T) |
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20. |
Sh. Ram Dutt, Dy. Secy. (DoP&T) |
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21. |
Cmde Saurabh Agarwal, Cmde. (Naval HQ/ DCP) |
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22. |
Lt. Cdr Kritika Sharma, Lt. Cdr (Naval HQ/ DCP) |
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23. |
Sh. Hem Chander, Jt. Dir (M/o Railway) |
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24. |
Sh. Umesh Kumar Agarwal, Deputy Secy. (D/o Expenditure) |
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25. |
Sh. Parveen Jargar, DS (DoP&T) |
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26. |
Sh. Gandharv Kumar Sandilya, Under Secretary (DoP&T) |
Annexure II
Shri Raghavaih, Leader of Staff Side, extended welcome to the Chairperson and Members of the Standing Committee on behalf of the Staff Side. He emphasized the significance of the Joint Consultative Machinery (JCM) established as a platform for addressing various issues through formal meetings. He underscored their commitment to fostering a positive relationship with the Government and enhancing productivity within Central Government organizations.
Key Issues Raised by Shri Raghavaih:
II. Key Points Raised by Secretary, Staff Side:
***
27/10/2023
Introduction of opening of Monthly Income Scheme (MIS) Account, Senior Citizens Savings Scheme (SCSS) Account and Mahila Samman Savings Certificate (MSSC) through DOP Internet Banking : SB Order 20/2023 dated 26.10.2023
26/10/2023
Productivity linked BONUS for the accounting year 2022-2023
No.-57/03/2022-P&P W(B)/8361 (2)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners’ Welfare
***
3 Floor, Lok Nayak Bhavan, Khan Market,
New Delhi, Dated the 20th October, 2023
The undersigned is directed to say that the Department of Pension and Pensioners’ Welfare administers pension related policy matters in respect to Central Government civil employees. This Department has issued instruction vide OM No. 57/05/2021-P&PW(B) dated 03.03.2023 giving one time option to the Central Government civil employee for inclusion under the CCS(Pension) Rules, 1972 ( now 2021) who has been appointed against a post or vacancy which was advertised/ notified for recruitment/ appointment prior to notification for National Pension System i.e. 22.12.2003. As per para 7 of this OM, it is for the appointing authority of the post against which such option has been exercised to examine and decide applicability of these instructions.
2. References have been received seeking clarification on applicability of aforesaid instructions dated 03.03.2023 to the Central Government employees who fulfils conditions of these instructions in their previous service rendered in State Government / autonomous bodies and thereafter joined Central Government service on or after 01.01.2004 after submitting technical resignation from previous service.
3. It is, therefore, clarified that the instructions issued vide OM dated 03.03.2023 are applicable to Central Government civil employees. Central Government employees who are included under CCS(Pension) Rules, 1972 in terms of OM dated 03.03.2023 for their appointment against any post / service in Central Government and moved to another Central Government service through proper channel would continue to be governed under the CCS(Pension) Rules, 1972.
4. However, the case of employee of the State Government / autonomous body moved to Central Government service on or after 01.01.2004 after tendering technical resignation from their previous service would examined as a case of counting of past service on mobility to Central Government service on or after 01.01.2004. Therefore, these cases would be examined in terms of this Department’s OM dated 28.10.2009.
(S. Chakrabarti)
Under Secretary to the Govt. of India
To
All Ministries/Departments/Organisations,
(As per standard list)
No. – 28/91/2022-P&P W(B) (2)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners’ Welfare
****
3rd Floor, ok Nayak Bhawan, Khan Market,
New Delhi, Dated the 20th October, 2023
OFFICE MEMORANDUM
The undersigned is directed to say that Department of Pension and Pensioners’ Welfare has notified the Central Civil Services (Pension) Rules, 2021 in supersession of the Central Civil Service (Pension) Rules, 1972. Rules 67 to 69 of the Central Civil Services (Pension) Rules, 2021 deals with Government dues which may be adjusted and recovered from the gratuity payable to a Government servant under these rules and the procedure to be followed by the Department for recovery of Government dues from Gratuity.
2.1 As per Rule 68 of the Central Civil Services (Pension) Rules, 2021 relating to adjustment and recovery of dues pertaining to Government accommodation, in the case of a Government servant who is due for retirement on superannuation, the Directorate of Estates, on receipt of intimation and details from the Head of Office shall scrutinise its records and inform the Head of Office within two months, if any licence fee was recoverable from the Government servant in respect of the period prior to eight months of his retirement. In case the Government servant has retired or is retiring otherwise than on attaining the age of superannuation, the Directorate of Estates shall inform the Head of Office within one month from the date of receipt of intimation from him, if any licence fee was recoverable from the Government servant up to the date of retirement.
2.2 If no intimation in regard to recovery of outstanding licence fee is received by the Head of Office by the stipulated date. it shall be presumed that no licence fee was recoverable from the allottee in respect of the period preceding eight months of the date of his superannuation or up to the date of retirement in other cases.
2.3. In the case of retirement on superannuation, the Head of Office shall ensure that licence fee for the next eight months, that is upto the date of retirement of the allottee, is recovered every month from the pay and allowances of the allottee. Where the Directorate of Estates intimates the amount of licence fee recoverable from the Government servant, the Head of Office shall ensure to recover the same in installments from the current pay and allowances of the allottee and where the entire amount is not recovered from the pay and allowances, the balance shall be recovered out of the gratuity before its payment is authorised.
2.4. he Directorate of Estates shall also inform the Head of Office the amount of licence fee for the retention of Government accommodation for the permissible period beyond the date of retirement of the allottee and the Head of Office shall adjust the amount of that licence fee from the amount of the gratuity together with the unrecovered licence fee, if any.
2.5. If in any particular case, it is not possible for the Directorate of Estates to determine the outstanding licence fee, that Directorate shall inform the Head of Office that ten per cent of the gratuity may be withheld pending reccipt of further information.
2.6. ‘The recovery of licence fee (where it is not possible for the Directorate of Estates to determine the outstanding license fee) as well as damages (for occupation of the Government accommodation beyond the permissible period after the date of retirement of allottee) shall be the responsibility of the Directorate of Estates and the withheld amount of gratuity under sub-rule (5) above of the retiring Government employee. who was in occupation of Government accommodation, shall be paid immediately on production of ‘No Demand Certificate’ from the Directorate of Estates after actual vacation of the Government accommodation.
2.7. The Directorate of states shall ensure the No Demand Certificate shall be given to the Government servant within a period of fourteen days from the date of submission of application for the said certificate after actual vacation of the Government accommodation.
2.8. If the Directorate of Estates fails to issue the No Demand Certificate within fourteen days from the date of the application, the allottee shall be entitled to payment of Interest (as per the rate and manner applicable to General Provident Fund deposit determined from time to time by the Government of India) on the excess withheld amount of gratuity which is required to be refunded after adjusting the arrears of licence fee and damages, if any, payable by the allottee till the date of issue of No Demand Certificate or the date of expiry of the period of fourteen days from the date of application for No demand certificate, whichever is carlicr.
2.9. ‘The interest shall be payable by the Directorate of Estates through the concerned Account Officer of the retired Government servant from the date Of application for the said certificate after vacation of the Government accommodation. up to the date of refund of excess withheld amount of gratuity.
2.10. If after adjustment from the withheld amount of gratuity, if any, mentioned under sub-rule (5), or if no amount of gratuity was withheld under sub-rule (5), any amount on account of licence fee or damages (for Overstay or unauthorised occupation or subletting or transfer to an ineligible office etc.) or dues on account of electricity, water or PNG charges, remaining unpaid, may be ordered by the Directorate of Estates to be recovered through the concerned Account Officer from the dearness relief without the consent of the pensioner and in such case no dearness relief shall be disbursed until full recovery of such dues has been made.
3.1. With respect to adjustment and recovery of dues other than dues pertaining to Government accommodation, rule 69 of the CCS(Pension) Rules, 2021 provides that the Head of Office shall take steps to assess the dues one year before the date on which a Government servant is due to retire on superannuation or on the date on which he proceeds on leave preparatory to retirement, whichever 1s earlier, in the case of retirement on superannuation and immediately on retirement or when the fact of retirement of the Government servant is known to the Head of Office, whichever is earlier, in the case of retirement otherwise than on superannuation.
3.2 The assessment of aforesaid Government dues shall be completed by the Head of Office eight months prior to the date of the retirement of the Government servant in the case of retirement on superannuation, and within thirty days after the date of retirement in the case of retirement otherwise than on superannuation.
3.3 The dues as assessed including those dues which come to notice subsequently and which remain outstanding till the date of retirement of the Government servant, shall be adjusted against the amount of retirement gratuity becoming payable to the Government servant on his retirement.
4. All Ministries/Departments are requested that the above provisions regarding recovery of Government dues from Gratuity payable under the Central Civil Services (Pension) Rules, 2021 may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry/Department and attached/subordinate offices there under for strict implementation.
(S. Chakrabarti)
Under Secretary to the Govt. of India
To
All Ministries/Departments/Organisations,
(As per standard list)
No. – 28/91/2022-P&PW(B) (1)
Government of India
Ministry of Personnel, Public Gricvances and Pensions
Department of Pension and Pensioners’ Welfare
***
3rd Floor. Lok Nayak Bhavan, Khan Market,
New Delhi, Dated the 20th October, 2023
OFFICE MEMORANDUM
The undersigned is directed to say that Department of Pension and Pensioners’ Welfare has notified the Central Civil Services (Pension) Rules, 2021 in supersession of the Central Civil Service (Pension) Rules, 1972. Rule 67 of the Central Civil Services (Pension) Rules, 2021 deals with Government duces which can be adjusted and recovered from the gratuity payable to a Government servant under these rules.
2. As per Rule 67 of the Central Civil Services (Pension) Rules, 2021, it shall be the duty of the Head of Office to ascertain and assess Government dues payable by a Government servant due for retirement on superannuation / retiring otherwise than superannuation/ retired from service. The Government dues which remain outstanding till the date of retirement of the Government servant, shall be adjusted against the amount of the retirement gratuity becoming payable.
3, The Expression ‘Government dues’ includes
(a) dues pertaining to Government accommodation including arrears of licence fee as well as damages (for the occupation of the Government accommodation beyond the permissible period after the date of retirement of the allottee, subletting, unauthorised occupation, transfer to an ineligible office, cte.) and dues or arrears in respect of electricity, water and PNG charge, if any;
(b) dues other than those pertaining to Government accommodation, namely, balance of house building or conveyance or any other advance, overpayment of pay and allowances or leave salary and arrears of income tax deductible at source under the Income Tax Act, 1961 (43 of 1961).
4. Rules further provides that only the Government dues as referred to in sub-rule (2) shall be adjusted against the amount of retirement gratuity payable to the retired Government servant and any other ducs which are not Government dues in terms of sub-rule (2) shall not be recoverable from the amount of retirement gratuity.
5. All Ministries/Departments are requested that the above provisions regarding Government dues which can be recovered from Gratuity payable under the Central Civil Services (Pension) Rules, 2021 may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry/Department and attached/subordinate offices there under, for strict implementation.
(S. Chakrabarti)
Under Secretary to the Govt. of India
To
All Ministries/Departments/Organisations,
(As per standard list)
