About DOPT

About DOPT

Written By Admin on April 17, 2014 | Thursday, April 17, 2014

DOPT

Department of Personnel & Training

(http://www.persmin.gov.in)

The Department of Personnel & Training is the coordinating agency of the Central Government in personnel matters, specially in respect of issues concerning recruitment, training, career development and staff welfare.

DOPT- It is as powerful as a magical spell for Central government employees.

This is the powerful department that decides on all the service-related issues of the Central Government employees. One of the important duties of the department is to resolve all the problems and issues faced by Central Government offices all over the country.

The Department of Personnel & Training, under the Ministry of Personnel, Public Grievances and Pensions is the coordinating agency of the Central Government in personnel matters, specially in respect of issues concerning recruitment, training, career development and employees welfare.

Four-five years ago, the Dopt’s website was not regular in updating and releasing all the relevant Government Orders. But, things have changed now and, along with timely updates, the website has also become a very reliable forum to clear doubts.

We have made it a habit to publish the orders to the knowledge of all Central Government employees as soon as DOPT releases them.

DOPT is the coordinating agency that has the power to decide the fate of Central Government employees.

Some important news from Dopt...

JOINT CONSULTATIVE MACHINERY

The Scheme for Joint Consultative and Compulsory Arbitration for the Central Government Employees was introduced in the year 1966 on the lines of the Whitely Councils in the U.K. The scheme provides a platform for constructive dialogue & discussion between the representatives of the staff side and the official side for peaceful resolution of all disputes between the Government as employer and the employees. The scheme was introduced with the objectives of promoting harmonious relations and securing the greatest measure of cooperation between the Central Government as the employer and the employees in matters of common concern and with the object of further increasing the efficiency of the public service combined with the well being of those employed.

The JCM Scheme provides for three tier machinery:

(i) the National Council as the apex body; (chaired by the Cabinet Secretary);

(ii) Departmental Councils at the level of individual Ministries / Departments including their attached and subordinate offices and (chaired by respective Secretaries); and

(iii) Regional / Office Councils to deal with mainly the local problems at the level of each individual office, depending on its structure. (chaired by Head of office of respective organizations).

The scope of the JCM Scheme includes all matters relating to:

(i) conditions of service and work;

(ii) welfare of the employees; and

(iii) improvement of efficiency and standards of work,

Provided, however, that

(i) In regard to recruitment, promotion and discipline, consultation is limited to matters of general principles; and

(ii) Individual cases are not considered.

Under the JCM Scheme, there have been continuous interactions with staff unions at the National level as well as at the Departmental level and a number of important issues have been resolved amicably through mutual discussions. 46 meetings of the National Council (JCM) have been held under the Chairmanship of Cabinet Secretary since the inception of the Scheme in 1966.

National Anomaly Committee

In order to resolve the anomalies arising out of the implementation of the recommendations of the Sixth Central Pay Commission, a National Anomaly Committee has been constituted under the Chairmanship of Secretary (P). Five meetings of the National Anomaly Committee have been held under the Chairmanship of Secretary (P) on 12th December, 2009, 27th March, 2010, 15th February, 2011, 5th January, 2012 and 17th July, 2012 wherein various anomalies were discussed with the representatives of the staff side.

A Joint Committee on Modified Assured Career Progression Scheme (MACPS) was also constituted under the Chairmanship of Joint Secretary (Establishment) which held three meetings on 25th May, 2010, 15th September, 2010 & 15th March, 2011 and submitted its report which was placed before the National Anomaly Committee in its 4th meeting held on 5th January, 2012 and was subsequently discussed separately in a meeting with the Staff Side on 27th July, 2012.

CCS (LTC) RULES, 1988-RELAXATION FOR TRAVEL BY AIR TO VISIT NER

Government decided to permit all Central Government Employees to travel by air to visit North-Eastern Region under CCS (LTC) Rules, 1988 against conversionof one block of their hometown LTC. While employees entitled to travel can avail the LTC by Air India in economy class under LTC 80 from their place of posting of nearest airport to a city in the NER or nearest airport, all other employees of Govt. of India can travel by air in economy class from Guwahati or Kolkata to any city in the North East or the nearest airport. This relaxation is valid up to 30th April, 2014.
Click here to view Dopt orders on Relaxation for travel by air to visit NER - Dopt Order on 30.4.2012

CCS (LTC) RULES, 1988- RELAXATION FOR TRAVEL BY AIR TO VISIT J&K

Government decided to permit all Central Government employees to travel by air to Jammu and Kashmir against conversion of one block of their hometown LTC. While employees of Government of India can travel by air in economy class from Delhi and Amritsar to any place in J&K by any airline subject to their entitlement being limited to LTC 80 fares of Air India. Journey from their place of posting up to Delhi and Amritsar will have to be undertaken as per entitlement. This scheme shall be effective up to 17th June, 2014.

Click here to view Dopt orders on Relaxation for travel by air to visit J & K - Dopt Order on 15.6.2012

Staff Welfare

The Central Government being the largest single employer in the country discharges its responsibility for looking after the welfare of employees through various welfare measures. The Department also extends support to various staff welfare measures. The DoPT is the nodal Department for four registered societies set up for the welfare of the Government employees and their families. In addition, the Department lays down policies for Departmental Canteens and supports the Resident Welfare Associations.

RESERVATION IN THE CENTRAL GOVERNMENT SERVICES

The Government has taken several steps for the upliftment and welfare of Scheduled Castes, Scheduled Tribes, Other Backward Classes and Persons with Disabilities. One such step is to give them reservation in services under the State. The ex-servicemen also get reservation in services.

SENIORITY OF MERGED GRADE

The instruction of determination of seniority of officers holding post in grades which have been merged in pursuance to recommendation of Sixth Central Pay Commission was issued on 13.09.2012. It has been provided that the status of a government servant as on 29.08.2008 including those who have earned promotion between 01.01.2006 to 31.08.2008 is to be protected as appointment/promotions are made as per the provisions of statutory recruitment rules applicable to the post/ grade.

STEPPING UP OF PAY OF SENIOR EMPLOYEES WITH REFERENCE TO THAT OF THEIR JUNIORS WHO AVAILED OF THE BENEFITS UNDER THE ACP SCHEME BETWEEN 1.1.2006 AND 31.8.2008

Instructions have been issued vide OM dated 4.10.2012 to allow stepping up of pay in such cases where the senior, but for the pay revision on account of 6th CPC would have continued to draw higher pay subject to the following conditions:

i. Both the junior and the senior Government servants should belong to the same cadre and the posts in which they have been promoted/financiallyupgraded should be identical in the same cadre.

ii. The pre-revised scale of pay and the revised grade pay of the lower and higher posts in which they are entitled to draw pay should be identical.

iii. The senior Government servant should have been drawing equal or more pay than the junior before receiving ACP/Promotion.

iv. The stipulations as contained in DOPT’s O.M. No. 4/7/92-Estt.(Pay-I) dated 4.11.1993 along with revision of pay scales may be observed while granting such a stepping up of pay.

AMENDMENT OF RULE 12 OF CCS (LEAVE) RULES, 1972

To curb unauthorized absence from Government service, a provision was made in Rule 12 of CS (Leave) Rules that a Government servant who remains absent from duty for a continuous period exceeding five years other than on foreign service with or without leave, shall be deemed to have resigned from Government service.

Click here to view Dopt orders on CCS(Leave) (Second Amendment) Rules, 2012.

CHILD CARE LEAVE TO CIVILIAN FEMALE INDUSTRIAL EMPLOYEES OF DEFENCE ESTABLISHMENT

After review of provisions relating to Child Care Leave (CCL), effective date of CCL to civilian female industrial employees of Defence Establishment was revised to be given effect to from 01.9.2008 vide OM No.12012/2/2009-Estt (L) dated 31.5.2012 at par with non-industrial Central Government employees.

After review of provisions relating to Child Care Leave, it was decided to extend the admissibility of CCL to all civilian female industrial employees of central Government at par with that of civilian female industrial employees of Defence Establishment vide OM No.12012/2/2009-Estt (L) dated 01.8.2012.

Click here to view Dopt orders on Child Care Leave to Female Industrial Employees of Defence Establishments

E-SERVICE BOOK

Department of Administrative Reforms & Public Grievances have developed a software for e-service book under their e-office Mission Mode Project (MMP) was customised and vetted by DoPT. The e-service book project under this is being pilot run in the Department

of Economic Affairs and Department of Financial Services, as part of e-office MMP.

PROFORMA PROMOTION IN THE CASE OF CANDIDATES PROMOTED ON PASSING A LIMITED DEPARTMENTAL EXAMINATION

In the case of candidates who have passed the LDCE and their names have been recommended for promotion, proforma promotions have been allowed from the date their juniors in the cadre in the order of merit in the LDCE have been so promoted. This is also allowed in case there is no junior on account of such candidate being the last in the order of ranks/merit from the date he would have received such promotion if he had been in his cadre. It will however be ensured that the conditions laid down in the Department of Personnel’s OM No.8/4/84-Estt-(Pay-I) dated the 15th July, 1985 are strictly fulfilled and the principle of NBR based on overall seniority list of cadres is followed.

TRANSFER TO LOWER POST UNDER FR 15(A)

On transfer to the lower post/scale under FR 15(A), the pay of a Govt. servant holding a post on regular basis will be fixed at a stage equal to the pay drawn by him in the higher grade or in case the transfer to a lower post was made subject to certain terms and conditions, then the pay may be fixed according to such terms and conditions.
Click here to view the Dopt orders on Transfer to the lower post/scale under FR 15(A)

EMPLOYEE RECEIVES A PROFORMA PROMOTION

The para 8.6 of the OM No.6/8/ 2009-Estt (Pay-II) dated 17.6.2010 relating to regulation of pay after an officer has got proforma promotion and extension of deputation thereafter, has been modified as para 8.6(a) as under:

“If the Grade pay of the officer in the parent cadre becomes higher than that ofthe deputation post after getting proforma promotion, he may be allowed the pay in the pay band + Grade Pay of the post to which he is promoted, if he so opts. In such cases, extensions in deputation after an employee has received the proforma promotion may be considered as per the instructions contained in paras 8.1 to 8.3.2.”

SUPREME COURT’S RECENT JUDGEMENTS IN REGARD TO RESERVATION IN PROMOTION AND REMEDIAL ACTION TAKEN BY THE GOVERNMENT

The Supreme Court in the case of M. Nagaraj vs. Union of India & Others has observed that the concerned State will have to show in each case the existence of the compelling reasons, namely, backwardness, inadequacy of representation and overall administrative

efficiency before making provision for reservation. The impugned provisionis an enabling provision. The state is not bound to make reservation for SC/ST in matter of promotions. However, if they wish to exercise their discretion and make such provision, the State has to collect quantifiable data showing the backwardness of the class and inadequacy of representation of that class in public employment in addition to compliance of Article 335. In the recent past, the Hon’ble Supreme Court in the matter of Rajesh Kumar vs. Uttar Pradesh Power Corporation Limited has struck down reservation in promotion in services of the State of Uttar Pradesh for the reason that the conditions laid down in M.Nagaraj’s case were not complied with. Earlier also, the Apex Court in the matter of Surajbhan Meena vs. State of Rajasthan had quashed the provision of reservation in promotion in the State of Rajasthan. In order to provide Constitutional safeguards to the people belonging to Scheduled Caste and Scheduled Tribe, it was decided to further amend the Constitution of India to provide impediment free reservation to Scheduled Castes and Scheduled Tribes in promotion. Accordingly, the Government introduced“the Constitution (One Hundred and Seventeenth Amendment) Bill, 2012” in the Rajya Sabha on 5.09.2012, which was passed by Rajya Sabha on 17.12.2012 and is transmitted to the Lok Sabha for consideration.

COMPREHENSIVE REVIEW OF INSTRUCTIONS PERTAINING TO VIGILANCE CLEARANCE FOR PROMOTION

The Department has completed review of instructions pertaining to vigilance clearance for promotion and issued O.M. on 2nd November, 2012. It has been provided that vigilance clearance cannot be denied on the grounds of pending disciplinary/criminal/court case against a Government servant, if the three conditions mentioned in para 2 of this Department’s O.M. dated 14.09.1992 are not satisfied. The legally tenable and objective procedure in such cases would be to strengthen the administrative vigilance in each Department and to provide for processing the disciplinary cases in a time bound manner. If the charges against a Government servant are grave enough and whom the Government does not wish to promote, it is open to the Government to suspend such an officer and expedite the disciplinary proceedings. The O.M. also provides clarification on the stage when prosecution for criminal charge canbe stated to be pending by including the provision of rule 9 (6)(b)(i)(b) of CCS (Pension) Rules, 1962.

REVIEW OF THREE YEAR TIME-LIMIT FOR MAKING & CONSIDERING REQUESTS FOR APPOINTMENT ON COMPASSIONATE GROUNDS

The three year time limit prescribed for considering request for appointment on compassionate ground has been withdrawn vide instruction dated 26.07.2012. At present subject of availability of a vacancy, immediate assistance and penurious condition of the dependent of deceased government servant is the only criteria for considering requests for compassionate appointment.