Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965 – Dopt Orders

No.6/3/2013-Estt (Pay-I) 

Ministry of Personnel, Public Grievances and Pensions 

Department of Personnel & Training

North Block, New Delhi 

Dated the 6th February, 2014

OFFICE MEMORANDUM

Subject: Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965. 

  

The undersigned is directed to say that the following penalties prescribed in the Rule 11 of CCS (CCA) Rules, 1965, have a bearing on the pay of the officer:

11. Penalties

Minor Penalties – 

(iii a) reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension. 

(iv) withholding of increments of pay;

Major Penalties – 

(v) save as provided for in clause (iii) (a), reduction to a lower stage in the time- scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction Will or will not have the effect of postponing the future increments of his pay

(vi) reduction to lower time-scale of pay, grade, post or Service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time-scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period –

(a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent; and

(b) the Government servant shall regain his original seniority in the higher time scale of pay , grade, post or service;

2. Consequent upon implementation of the recommendations of 6 th CPC under the CCS (RP) Rules, 2008 pay scale of a post/grade for below HAG level means the Pay Band and Grade Pay specified for that post. Under the CCS (RP) Rules, 2008 a Pay Band may cover Government servants in more than one Grade Pay or posts in the hierarchy. As per Rule 9 of the CCS (Revised Pay) Rules, 2008, the rate of increment in the revised pay structure is 3% of the sum of the pay in the Pay Band arid Grade Pay applicable, which is to be rounded off to the next multiple of 10. Further, as per Rule 10 of the CCS (Revised Pay) Rules, 2008, there is now a uniform date of increment, that is, lst July of the year.

3. The mode of implementation of these penalties has been clarified to individual Ministries/Departments wherever references have been received. It is now proposed to issue detailed guidelines on the issue. The regulation of pay on imposition of these penalties is in the subsequent pants:

A. Reduction to a lower stage of pay by one stage (Rule 11( iii a)

On imposition of a penalty under this Rule, the pay would be fixed at the next lower stage in the Pay Band. In other words, in case of reduction by one stage, the revised pay would be the pay drawn in the Pay Band at the stage before the last increment. Grade Pay attached to the post would remain unchanged. The pay will be fixed by reversing the mode of allowing increments given in Rule 9 of the CCS (RP) Rules, 2008. The formula would be:-

Reduced Pay In Pay Band = {(Pay in Pay Band+ Grade Pay) x 100/103} less (Grade Pay) (rounded off to next 10) 

Pay would be Pay in Pay Band as above + Grade Pay

B. Withholding of increment {Rule 11(iv)} 

As the uniform date of increment now is 1st July, on imposition of a penalty of withholding of increment, the increment(s) due on the 1st of July falling after the date of imposition of the penalty would be withheld. In case where penalty of withholding of more than one increment is imposed, increments due on 1st of Juty in the subsequent years would similarly be withheld. The increment would be restored at the end of the period for which the penalty is imposed.

This also applies to cases where the penalty is imposed for part of a year. For instance, if the penalty of withholding of the increment for six months is imposed on a Government servant in April 2013, then the increment falling due on 1.7.2013 will be withheld for a period of six months, that is, till 31.12.2013. The increment would be released w.e.f. 1.1.2014. In this case the next increment falling due on 1.7.2014 will also be allowed.

C. Reduction to a lower stage in the time-scale of pay for a specified periodfRule 11(v)} 

The process of imposition of penalty of reduction by one stage under Rule 11(iii a) explained above shall be repeated for every additional stage of reduction by taking the pay arrived at notionally as pay for the second reduction, and so on. Grade Pay shall remain unchanged.

NOTE 1: It is not permissible to impose a penalty under this rule if the pay after imposition of the penalty would fall below the minimum of the Pay Band attached to the post.

NOTE 2: A Pay Band may cover Government servants in different Grade Pays or holding posts at several levels in the hierarchy. It needs to be kept in mind that reduction to lower pay scale or grade is a distinct penalty, under Rule 11(vi).Therefore, while imposing a penalty of reduction to a lower stage in the time-scale of pay under Rule 11(v) of the CCS (CCA) Rules, 1965, Disciplinary Authorities should weigh all factors before deciding upon the quantum of penalty, i.e., the number of stages by which the pay is to be reduced.

D. Reduction to lower time-scale of pay under Rule 11(vi) 

As a result of imposition of a penalty of reduction to lower time-scale of pay, the pay of the Government servant would be reduced to the stage of pay he /she would have drawn had he/she continued in the lower post for the period of penalty. The mode of fixation of pay in this case is similar to reversing the mode of fixation of pay on promotion. Therefore, both pay in Pay Band and Grade Pay would be reduced.

However, Disciplinary Authority has the power, in terms of FR 28, to indicate the pay which the Government servant on whom a penalty of reduction in rank has been imposed, would draw. The Government servant will be entitled to the Grade Pay of the post to which he has been reduced. Thus, the power of the Disciplinary Authority under FR 28 is limited to indicating the pay in the Pay Band applicable to the lower rank/post.

In some cases imposition of a penalty under Rule 11(vi) may also involve a change in Pay Band. For instance a Government servant holding a post in PB-2 with Grade pay of Rs.4200/- may be reduced to a post in PB-1 with Grade Pay of Rs.2800/-

It may also be noted that a Government servant cannot be reduced in rank to a post not held earlier by him in the cadre. For example, an LDC who qualifies as Assistant as a Direct Recruit and is later promoted as Section Officer cannot be reduced to the rank of LDC but only to that of an Assistant.

4. Some illustrations on pay fixation in above types of cases are annexed.

Sd/- 

(Mukesh Chaturvedi) 

Deputy Secretary to the Government of India 

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/6_3_2013-Estt.Pay-I-06022014.pdf

Creation of own departmental pool of residential accommodation for their employees by various Ministries/ Departments of the Central Government-Regarding

No.12034/1/2013-Pol-III

Government of India

Ministry of Urban Development

Directorate of Estates

Nirman Bhavan, New Delhi.

Dated 28th January, 2014.

OFFICE MEMORANDUM

Subject: Creation of own departmental pool of residential accommodation for their employees by various Ministries/ Departments of the Central Government-Regarding

As per the Ministry of Works, Housing and Urban Development, Directorate of Estates OM No.12033(4)7-Pol.II dated 3rd October 1969, Central Government offices who have their own pool of residential accommodation for their staff are not eligible for allotment of General Pool Residential Accommodation (GPRA). Further, as per the Ministry of Urban Development, Directorate of Estates letter No.12034/1/2004-Pol.III dated 7.3.2006, the Ministries/Departments of the Central Government who want to create their own their departmental pool of residential accommodation by construction or augmentation are required to consult the Directorate of Estates to ascertain the availabilty of GPRA and undertake the construction/augmentaion of their pool only after obtaining the No Objection Certificate from the Directorate of Estates.

2. If an office being eligible for allotment of GPRA creates its own departmental pool of accommodation for its employees, it becomes ineligible for allotment of accommodation from the General Pool in the light of the instructions contained in OM dated 3.10.1969. There is an acute shortage of GPRA in Delhi and the eligible officers have to wait up to 20 years depending upon category of accommodation for allotment from the General Pool. Keeping this in view, several Central Government offices want to create their own departmental pool of accommodation for their employees. However, the instructions issued vide OM dated 3.10.1969 are seen as Constraints for creation of departmental pool for fear of losing the eligibility for allotment from the General Pool.

3. In view of the above, the matter has been reviewed and it has been decided with the approval of the competent authority in the Ministry of Urban Development that the Central Government offices may be allowed to create their own departmental pool of residential accommodation and simultaneously be permitted to retain their ehgibdity for allotment of accommodation from the General Pool. The Ministries/Departments of the Central Government shall have to apply to Directorate of Estates for issue of No Objection Certificate for creation of their own pool of residential accommodation as per the instructions contained in Directorate of Estates letter dated 7.3.2006

Sd/-

(S. K. Jain)

Deputy Director of Estates(Policy)

Source:http://estates.nic.in/WriteReadData/dlcirculars/Circulars20307.pdf

Anomalies in the Pay Scale of Pharmacists.

AIRE/101 (27)

 31/1/2014

The Secretary (Estt.)

Railway Board,

Rail Bhvan

New Delhi.

Sub: Anomalies in the Pay Scale of Pharmacists.

Ref: Railway Board’s L.NO. PC-VI/2013/RU/AIRF/22 dt.19/9/2013.

In reference to above, the pay structure, and promotion aspects of Pharmacists have a reasonable anomaly whih is required to be given a serious thought on the issue in its entirety keeping in view the requisite qualification for entry in the service & various other factors as enumerated below:

1. Pharmacists have all along enjoyed higher pay scales as compared to Dental Hygienists. Prior to Gazette Notification of 20th August, 2008, their qualifications were also lower. The pay scales of dental hygienists suddenly got upgraded from Rs. 4000-6000 to Rs. 5000-8000 in November, 2005 vide order NO.A-28011/1/99-ED dt.11/17-11-2005. At that point of time their Qualification for entry was Matric + 2 years certificate course. This qualification is much lower as compared to the qualification prescribed for the entry grade of Pharmacists, which are as under:-

i. 10 ÷ 2 (Science)

ii. Two years Diploma in pharmacy with 3 months practical training of 500 hours. (Approved by All India Council of Technical

Education)

iii. Registration with any of the State Pharmacy Council of India.

The above comparison clearly indicates that the gross injustice has been done by the Govt. of India to this category prior to November, 2005.

2.. From the report of 6th CPC, Para 3.6.23 it was seen that the Commission had erroneously observed that the qualifications for Dental Hygienists and pharmacists are identical; actually, it is not so. Qualifications for Pharmacists are 10+2 followed by 2 years’ diploma. Diploma in Pharmacy which is recognized by AICTE. As compared to this, qualification for dental hygienists hitherto were below the level of Pharmacists and it was only in the year 2009 that their qualifications was slightly improved to make it 10+2 followed by diploma of two years. Moreover, their diploma is not recognized by AICTE. Ironically, 6th Pay Commission made totally unjustified discrimination while proposing pay scales for pharmacists and dental hygienists. While Dental hygienists were placed in pay scale of Rs. 9300-34800 plus GP of Rs. 4200, pharmacists were given entry grade of Rs.5200-20200 with GP of Rs. 2800/- only. Aggrieved with this, pharmacists have been struggling since then to get fair treatment from the Central Government. Ultimately, the Fast Track Committee constituted on the issue has appreciated the short-coming and have categorically, recommended that minimum educational qualification and experience prescribed for Direct Recruitment as pharmacists can not be ignored and accordingly they suggested that a time bound up-gradation of Pharmacists recruited in grade pay of Rs. 2800/- may be placed in the higher grade in PB II with GP Rs.4200/- on completion of two years service. This placement of Pharmacists in PB II with grade pay Rs. 4200/-, is totally delinked from vacancies is non-functional one. In this regard, we are of the view that the justice has not been imparted to the category by not granting parity with Dental Hygienists.

3. Ministry of Health & Family Welfare, vide their OM NO. A-28011/01/2008-PMS dt. 11/13 June, 2008, forwarded a representation received from various associations agitating grievances of the Pharmacists for consideration of the Committee of Secretaries, It was brought out in great details that duties performed by pharmacists were more onerous in nature and they observed to be placed in higher pay scales at the entry grade level itself.

It is pertinent to mention that Dental hygienists all along were in lower pay scales as compared to Pharmacists. In terms of Gazette notification NO. 28 dt. 14th July, 1990, dental hygienists were in pay scales of Rs.1200-2040 at a time when pharmacists were in pay scales of Rs.1350-2200. At that time, the required qualifications for dental hygienists was matriculation or equivalent and were required to be registered as dental hygienists. Consequent to implementation of 5th CPC scales, dental hygienists were given pay scale of Rs.4000-6000 whereas pharmacists were placed in pay scale of Rs. 4500-7000. For reasons difficult to comprehend, the pay scales of dental hygienists were revised upwards from Rs.4000-6000 to Rs.5000-8000 w.e.f. 4/10/2005, by Ministry of Health & Family Welfare vide order NO. A-28011/l/99-DE dated : 11/17th November, 2005. It is significant to point out that even at that stage, qualification of dental hygienists were lower than those of pharmacists.

Mot unfortunately, despite repeated representations , the pharmacists did not get a fair deal and their higher qualifications as compared to dental hygienists were ignored. Under these circumstances and on representation from JCM, a fast Track Committee was constituted to go into the grievance of pharmacists. The fast track committee gave its report on 6th November, 2009. This committee also did not provide much relief to the pharmacists on the specious plea that they did not want to disturb the relativities , not only among medical categories , but also between para medical categories and other categories like ASMs, Goods Guards, etc.

We are of the opinion that comparison/relativity of the Pharmacists is in fact, required to be examined with in the Medical Department only i.e. Dental Hygienists. The fast track committee also took into account that 6th CPC had not agreed to Pharmacist’s demand of pay scales at par with Dental Hygienists. Apparentiy, the fast track committee failed to appropriate that this was the very ground on which the pharmacists had based their grievance that they were better qualified than the dental hygienists, and that their duties were more onerous and they deserved to be placed at least the same entry grade as that of dental hygienists, if not higher , but the 6th CPC totally ignored their claim. The fast track committee only gave a token relief in as much as they only suggested that after completion of two years in pay scale of Rs. 5200-20200 plus GP of Rs.2800/-, the pharmacists would be placed in the next higher grade of Rs.9300-34800 with GP of Rs.4200 and not par with Dental Hygienists This has created a serious anomaly in as much as the injustice meted out to the pharmacists in placing them in scales lower than dental hygienists, ( who are lesser qualified ), has perpetuated their agony and secondly placement from Gr. Rs. 5200-20200 with GP of Rs. 2800/- to the grade of Rs. 9300-34800 with GP of Rs. 4200/- has been considered as one benefit under ACP. ACP II benefit is given after another 10 years by giving grade pay of Rs. 4600/-. After that, there is full stop and there is no further promotion or financial upgradation. The Government of India has completely omitted to notice that they have created a situation that pharmacists, after completing 12 years of service would stagnate for the next 30 years, thereby defeating the very purpose of Assured Career Progression. The qualification of dental hygienists has been raised to the level of those of pharmacists only w.e.f. 20th August, 2009.

The anomaly , as has been brought out above, can be rectified if the Pharmacists are assigned entry pay scale of Rs.9300-34800 with GP of Rs. 4200/- & further promotions/ ACP benefits may be extended accordingly.

Hence in view of the above, facts and circumstances of the case, we, therefore, request to take up the matter at appropriate level so that the gross injustice as existing is resolved once for all to meet of end of justice.

Yours sincerely

Sd/-

(S.G. Mishra)

General Secretary

Source: AIRF