Determination of date of increment after expiry of duration or penalties of withholding of increments/reduction to lower stage imposed for less than a year regarding.

RBE No. 09/2014

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

No. E(D&A) 2008 RG6-36

New Delhi, 15-01-2014

The General Manager(P)
All Indian Railways and
Production Units etc.
(As per standard list).

Sub: Determination of date of increment after expiry of duration or penalties of withholding of increments/reduction to lower stage imposed for less than a year regarding.

Ministry of Railways have received a few references regarding certain penalties of rule 6 of Railway Servants (Discipline And Appeal) Rules, 1968 which are having pay element imposed for less than a year. In one case, the penalty of withholding of increments was imposed on 24.3.2008 for a period of six months with cumuiative effect and in the other case the penalty of reduction to lower stage was imposed on 9.2.2009 for a period of six months with non-cumulative effect.

2. The question of date of release of increment in the above cases on expiry of the penalty, in the context of fixing of 1st July as the date of increment uniformally for all Government servants following VIth CPC, has been examined in consultation with the Department of Personnel & Training. It is advised that fixing of 1st July as the date of increment for all Government servants under the Revised Pay Rules following the acceptance of the recommendation of the VIth CPC, is relevant only in respect of Annual increment. This provision is not applicable where the increment is withheld as a measure of penalty. In cases where the increment is withheld as a penalty for a specified period restoration of the withheld increment would be at the end of the currency of the penalty and not postponed to the next 1st July. The person concerned may even be entitled to the next increment on the 1st July following the expiry of the currency of the penalty, (notwithstanding the fact that the penalty imposed on him was having postponing effect on his future increments), if he has net qualifying service of six months prior to the relevant 1st July.

3. Likewise, where tne penalty of reduction to lower stage was imposed, the pay will be restored immediately on expiry of the currency of the penalty. In so far as release of next increment is concerned, the same may also be allowed immediately on restoration if the person concerned has rendered net qualifying service of six months on the 1st July preceding the date of the expiry of the currency of the penalty.

4. Please acknowledge receipt.

Sd/-

(Harish Chander)

Dy. Director Estt. (D&A)

Railway Board

Source: NFIR

Comprehensive review of instructions pertaining to vigilance clearance for promotion - clarifications - regarding

No.22034/4/2012-Estt (D-II) 

Government of India 

Ministry of Personnel, Public Grievances and Pensions 

(Department of Personnel and Training) 

North Block, New Delhi 

Dated the 23rd January, 2014 

OFFICE MEMORANDUM 

Subject : Comprehensive review of instructions pertaining to vigilance clearance for promotion - clarifications - regarding 

The undersigned is directed to refer to the Department of Personnel & Training O.M. of even number dated 2.11.2012 on 'Comprehensive review of instructions pertaining to vigilance clearance for promotion', wherein, inter alia, it has been laid down in Para 9, as under: 

 "For the purpose of vigilance clearance for Review DPC, instructions exist in O.M. No.22011/2/99-Estt(A) dated 21.11.2002 that review DPC will take into consideration the circumstances obtaining at the time of original DPC and any subsequent situation arising thereafter will not stand in the way of vigilance clearance for review DPC. However, before the officer is actually promoted it needs to be ensured that he/she is clear from vigilance angle and the provision of para 7 of O.M. No.22011/4/91- Estt.(A) dated 14.09.1992 are not attracted". 

2. This Department has been receiving references seeking clarification on grant of promotion in case of review DPC with regard to the official who is clear from vigilance angle on the date of promotion of the junior in the original DPC but subsequently attracts the provisions contained in para 2 of DoPT OM dated 14.09.92. 

3. The matter has been examined in consultation with the Department of Legal Affairs and it is further clarified that, in the case of a review DPC, where a junior has been promoted on the recommendations of the original DPC, the official would be considered for promotion if he/she is clear from vigilance angle on the date of promotion of the junior, even if the provisions of para 2 of DoPT OM dated 14.9.92 get attracted on the date the actual promotion is considered, as provided in DoPT O.M. No.22011/2/99-Estt (A) dated 21.11.2002. 

4. In cases, where the junior is not promoted, it is to be ensured that the provisions of para 7 of OM dated 14.9.1992 are not attracted on the date the official is being actually promoted. 

Sd/-

(Arunoday Goswami) 

Under Secretary to the Govt. of India 

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/22034_4_2012-Estt.D-II-23012014.pdf

Indentification of Scientific and Technical posts in terms of DoPT’s O.M. No. 9/2/73-Estt (Res), dated 23.6.1975.

No.36012/35/2013-Estt. (Res.)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

New Delhi, North Block,

Dated the 21st January, 2014

OFFICE MEMORANDUM

Subject: - Indentification of Scientific and Technical posts in terms of DoPT’s O.M. No. 9/2/73-Estt (Res), dated 23.6.1975.

The undersigned is directed to invite a reference to this Department’s O.M No. 9/2/73-Estt(SCT), dated 23rd June, 1975 wherein it has been stated that scientific and technical posts required for conducting research or for organizing, guiding and directing research which satisfy the conditions laid down therein, can be exempted from the purview of the orders relating to reservations for Scheduled Castes and Scheduled Tribes.

2. The Hon’ble Supreme Court in its judgment date 18.7.2013 in Civil Appeal No. 4500/2002[Faculty Association of AIIMS Vs UOI & Ors] impressed upon the Central and State Governments to take appropriate steps in accordance with the views expressed in Indra Sawhney’s case wherein it was observed that there were certain services and posts where either on account of the nature of duties attached to them or the level in the hierarchy at which they stood, mental one counts and in such situations, it cannot be advised to provide for reservation.

3. In this connection, attention is invited to para 2 of this Department’s O.M No. 9/2/73-Estt(SCT), dated 23.6.1975 (copy enclosed) in which Ministries/Departments were asked to review the list of scientific and technical posts under their control which are at present exempt from the purview of the orders relating to reservations for Scheduled Castes & Scheduled Tribes. Keeping in view of the aforesaid judgment of the Hon’ble Supreme Court, it has been decided to identify all such Scientific & Technical posts in each Ministry/Department.

4. All the Ministries/Departments are requested to identify scientific and technical posts under them and intimate this Department about such posts which have been exempted from the purview of reservation. The information may be furnished to this Department by 15th February 2014.

Sd/-

(Sandeep Mukherjee)

Under Secretary to the Government of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36012_35_2013-Estt.Res.-21012014.pdf