Amendment to CCS (Pension) Rules, 1972 – Notification Regarding

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Pension and Pensioners’ Welfare)

NOTIFICATION

New Delhi, the 3rd March, 2014

G.S.R. 138 (E).—In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and, after consultation with the Comptroller and Auditor General of India in relation to conditions of service of persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Pension) Rules, 1972, namely’-

1.(1) These rules may be called the Central Civil Services (Pension) Second Amendment Rules, 2014.

(2) They shall be deemed to have come into force with effect from the 1st October, 2000.

2. In the Central Civil Services (Pension) Rules, 1972, in rule 37A,-

(a) in sub-rule (22) and sub-rule (23), after the words “Bharat Sanchar Nigam Limited” in both the places where they occur, the words-rand Mahanagar Telephone Nigam Limited” shall be inserted; .

(b) for sub-rule (24), the following sub-rule shall be substituted, namely:-

“(24) The arrangements under sub-rule (23) shall be applicable to the existing pensioners and to the employees who are deemed to have retired from the Government service for absorption in Bharat Sanchar Nigam Limited and Mahanagar Telephone Nigam Limited and shall not apply to the employees directly recruited by the Bharat Sanchar Nigam Limited and Mahanagar Telephone Nigam Limited for whom they shall devise their own pension schemes and make arrangements for funding and disbursing the pensionary benefits.”

[F. No. 4/23/2013-P&PW(D)]

VANDANA SHARMA, Jt. Secy

EXPLANATORY MEMORANDUM

Payment ofpensionary benefits to all categories of the erstwhile employees of the Government (Group A, B, C and D) absorbed in Mahanagar Telephone Nigam Limited who have opted for pension on combined service will be made by the Government in the same manner as in Bharat Sanchar Nigam Limited with effect from 1st October, 2000.Such erstwhile Government employees including those absorbed in Mahanagar Telephone Nigam Limited with effect from 1st November, 1998 andgovemed vide DOP&PW’s O.M.No. 4/18/87-P&PW(D) dated 5.7.1989 shall be brought within the purview of these rules with effect from 1st October, 2000. This is certified by the Department of Telecommunication that no one shall be adversely affected by giving retrospective effect to this notification.

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/notification_040314_E.pdf

Consolidated instructions relating to action warranted against Government servants remaining away from duty without - authorisation/grant of leave — Rule position.

No. 13026/3/2012-Estt (Leave)
Government of India
Ministry of Personnel, P.G. & Pensions
(Department of Personnel & Training)

New Delhi, the 28th March, 2013.

OFFICE MEMORANDUM

Subject:- Consolidated instructions relating to action warranted against Government servants remaining away from duty without - authorization/grant of leave — Rule position

   The undersigned is directed to say that various references are being received from Ministries/Departments seeking advice/post facto regularization of unauthorized absence. It has been observed that due seriousness is not being accorded by the administrative authorities to the various rule provisions, inter alia under the CCS(Leave) Rules, 1972, for taking immediate and appropriate action against Government servants staying away from duty without prior sanction of leave or overstaying the periods of sanctioned leave. It is reiterated that such absence is unauthorized and warrants prompt and stringent action as per rules. It has been observed that concerned administrative authorities do not follow the prescribed procedure for dealing with such unauthorized absence.

   2. In view of this, attention of all Ministries/Departments is invited to the various provisions of the relevant rules, as indicated in the following paragraphs for strict adherence in situations of unauthorized absence of Government servants. It is also suggested that these provisions may be brought to the notice of all the employees so as to highlight the consequences which may visit if a Government servant is on unauthorized absence. The present OM intends to provide ready reference points in respect of the relevant provisions, hence it is advised that the relevant rules, as are being cited below, are referred to by the competent authorities for appropriate and judicious application. The relevant provisions which may be kept in mind while considering such cases are indicated as follows:

(a) Proviso to FR 17(1)

   The said provision stipulates that an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence.

(b) FR 17-A

   The said provision inter alia provides that where an individual employee remains absent unauthorisedly or deserts the post, the period of such absence shall be deemed to cause an interruption or break in service of the employee, unless otherwise decided by the competent authority for the purpose of leave travel concession and eligibility for appearing in departmental examinations, for which a minimum period of service is required.

(c) Rule 25 of the CCS Leave Rules 1972

   The said provision addresses the situation where an employee overstays beyond the sanctioned leave of the kind due and admissible, and the competent authority has not approved such extension. The consequences that flow from such refusal of extension of leave include that:

   i. The Government servant shall not be entitled to any leave salary for such absence;

   ii. The period shall be debited against his leave account as though it were half pay leave to the extent such leave is due, the period in excess of such leave due being treated as extraordinary leave.

   iii. Wilful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action.

   With respect to (iii) above, it may be stated that all Ministries/ Departments are requested to ensure that in all cases of unauthorised absence by a Government servant, he should be informed of the consequences of such absence and be directed to rejoin duty immediately/ within a specified period, say within three days, failing which he would be liable for disciplinary action under CCS (CCA) Rules, 1965. It may be stressed that a Government servant who remains absent without any authority should be proceeded against immediately and this should not be put off till the absence exceeds the limit prescribed under the various provisions of CCS (Leave) Rules, 1972 and the disciplinary case should be conducted and concluded as quickly as possible.

(d) Rule 32 (6) of the CCS (Leave) Rules, 1972
 
   This provision allows the authority competent to grant leave, to commute retrospectively periods of absence without leave into extraordinary leave under Rule 32(6) of CCS (Leave) Rules, 1972. A similar provision also exists under rule 27(2) of the CCS (Pension) Rules, 1972. It may please be ensured that discretion allowed under these provisions is exercised judiciously, keeping in view the circumstances and merits of each individual case. The period of absence so regularised by grant of extra ordinary shall normally not count for the purpose of increments and for the said purpose it shall be regulated by provisions of FR 26(b) (ii).

   3. All Ministries/ Departments should initiate appropriate action against delinquent Government servants as per rules.
 
   4. Hindi version will follow.

Sd/-
[Mukesh Chaturvedi]
Deputy Secretary to the Govt. of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/13026_3_2012-Estt-Leave.pdf