Tuesday, January 02, 2018

Selected Candidates of PA/SA CHSL Exam 2015- Notice for options in order of preference for allotment to cadre/Divisions in AP Circle

Selected Candidates of PA/SA CHSL Exam 2015- Notice for options in order of preference for allotment to cadre/Divisions in AP Circle



















REFRESH RULINGS

REFRESH RULLING KNOWLEDGE (Re-published )

1. Whether the divisional superintendent who is a witness or a party in the can case issue charge sheet to an employee, to whom he is disciplinary authority
No. In such cases an adhoc disciplinary authority must be appointed.

2. Whether any punishment can be imposed with retrospective effect.
No. No penalty can be imposed retrospectively; it can only be prospective, either from the date of issue of punishment order or from a prospective date 

3. Whether the punishment of reduction of pay awarded under Rule 16 will affect pension?
No. Any punishment awarded under rule 16 should not affect pension. But if an inquiry as specified under Rule 16(b) is conducted such a punishment can be imposed.

4. Whether promotions can be accorded if the punishment order has not become operative?
Yes. It should be. Promotions cannot be ordered during the currency of punishment.
5. Can an official be reduced in rank to a rank lower to which he was originally appointed?
No. He cannot be reduced to a rank lower than the rank to which he was originally appointed

6. Whether an order of stoppage increments with cumulative effect will affect seniority?
No. But an order of reduction to a lower rank/post will affect seniority, if ordered as such (Rule 11 Goi 10)

7. What is the DOPT instructions, in determination of seniority in case of reduction to a lower rank/post?

8 After acquittal from court on criminal charge, whether the dept can take disc action on the same charge?
NO, if the official is acquitted honourably. But if the acquittal is for lack of evidence etc... Dept can proceed, if it has got enough evidence to prove the charge. This is because the standards of proof required in a deptl inquiry and in criminal proceedings are different. 

9 Whether an officer holding current charges can exercise the disc powers attached to the post?
NO

10 Whether the lower authority (SP) can award major penalty to an official appointed by the higher authority (SSP)?
  • No. No civil servant shall be dismissed or removed from service, by an authority subordinate to appointing authority.
  • One official may have many appointing authorities in every stage of promotion etc... Therefore the highest authority among these appointing authorities can only impose major penalties.
11 What is the period after which a suspension order will have to be reviewed?
As per sub Rule 10 sub rule 6&7(ccs (cca)) the 1st suspension order will remain in force only for 90 days. Before the expiry of 90 days the suspension order will have to be extended based on the recommendations of the review committee The review committee can also recommend extension of suspension only up to 180 days at a time.

12 Whether the suspension order can be prolonged with out the issue of charge sheet?
Yes if the review committee recommends extension, but it will be difficult to justify such prolonged suspension. CAT Bangalore in a judgement in case of A.S.Krishnamachari vs UOI 1993(1) LiL (cat)195 Bangalore held that non issue of charge sheet even after 180 days is unjustified and quashed the suspension order.

13 weather the committee is empowered to extend suspension beyond 180 at a time
Yes. But not at a time, the committee has to review suspension before the expiry of 180 days

14 Weather the closed cases can be reopened?
Yes. The reviewing authority after giving a due notice to the concerned official with in the period prescribed for such a review can revise the order earlier made by the disciplinary authority. 

15,16 &17 Omitted

18 What is the financial power of LSG& HSG POSTMASTERS?
Rs 30/- to LSG and Rs 60/- to HSG, Subject to availability of funds allotted by DO

19 Can an authority force an official to take VR When he becomes physically or mentally disabled?
No. As per DOPT orders dated 19-01-2004 no establishment shall dispose with or reduce in rank an employee who acquired disability during his service. In case if it is not possible to adjust him against any post, he may be kept on a super numery post until a suitable post is found or made available or till the date of his retirement on superannuation. This order is based on the amended provisions of the section 47 of the “ persons with disability act1995”

20 Omitted

21 Whether any time limit is prescribed for disposal of representations received

22. Whether one official already placed under suspension can function as Defence Assistant in other Case?
Yes: As per the Rule 14 (18) of CCS (CCA) rules 1965, it is permissible. This has been examined by the Kerala High Court and opined that there is no rule that a person under suspension is not entitled to Assist another Govt. Servant in enquiry proceedings.

23. What are all the circumstances under which, the Dies non can be awarded?
The day can be marked as ‘Dies non’ only under the following three circumstances.

i) When the official remains absent from duty without prior information.
ii) When on duty in office, the official leaves the office without proper permission ; and
iii) The official remains in office, but refuses to perform duty assigned to him
In any circumstances , dies non should not be issued without issuing show a cause notice.

24. Whether late coming to office can be treated as ‘Dies non’?
No. A day on which an official comes late and works throughout the day during office hours will not be marked as dies non. Treating this day as ‘Dies non’ for coming late is not contemplated in the rules. The proper course in such case would be debit the ½ day casual leave account of the official as per instructions. This is confirmed in the DG’s letter dated 26.12.79

Further the Department in its letter dt 22.07.75, has stated that Half day CL should be debited to the CL account of a Government Servant for each late attendance up to one hour on not more than two occasions may be condoned by the competent authority, if he is satisfied.

25. What is the position in case if no casual leave for debiting to late attendance? If the leave sanctioning authority does not want to condone the delay, what action can be taken?
If an official who has no casual leave to his credit comes late without sufficient justification and the administrative authority is not prepared to condone the late coming, he may inform the official that he will be treated as an unauthorised absence for the day on which he come late and leave it to the official himself either to face unauthorised absence or to apply for earned leave or any kind of leave due and admissible for the entire day, the same may be sanctioned. This is order of the Ministry of Home Affairs dt 05.03.82 As such Question of dies non will not arise in such cases.

26. A rule 14 charge sheet was issued to the official and he died when the case was under enquiry stage. What will be the fate of charge sheet? Whether the family will bet pensionary benefits?
As per the DOPT order dated 20.10.99. where a Government Servant dies during the pendency of the inquiry(i.e) without charges being proved against him, imposition of penalty is not justifiable. Therefore the disciplinary proceedings should be closed immediately. Family of the official is fully entitled to avail all the retirement / pensionary benefits as available to the family of the deceased employee.

27. Whether the adverse entry in the confidential report is operative in case the representation made against the same is pending with the appellate authority?
Adverse remarks should not be deemed to be operative, if any representation filed with in the prescribed limit is pending. Further, the representation should be decided with in three months by the competent authority.

28. What is the time limit for making representation against adverse entry?
As per the old rules, only one representation against adverse entries should be allowed within one month of their communication. Even belated representations may be considered if there is satisfactory explanation for the delay ( DOPT order dt 31.10.61.). An appeal against rejection of representation against adverse entries can be made with in six months after such rejection. Now the CR system has been modified as APAR (Annual Performance Assessment Report. As per the new schemes 15 days times for the receipt of communication will be given.

29. An official was placed under suspension on flimsy reasons. He has been awarded with only minor punishment under Rule 16. What is the fate of suspension period?
Where the departmental proceedings ended with the imposition of minor penalty against a suspended employee, the suspension can be said to be wholly unjustified in terms of FR 54 ( B). There fore the employee concerned should be paid fully pay and allowances for the period of suspension.

30. Whether any specific orders are required for declaring holiday’s during General election? If not what are the provisions.
No Separate order is required. It should be declared as closed holiday on the following circumstances.

i) In the notified areas where General election to State Legislative assemblies scheduled to be conducted.
ii) In connection with by-elections to Loksabha/ State Assembly, the office shall not be closed. However the employees who are bonafide Voters in the relevant constituency should be granted special casual leave on the day of polling.
iii) Special CL may be granted to an employee who is an ordinary resident of that constituency and registered as a voter but employed outside the constituency having a general/by election.

31. Whether LDN( Leave Not Due) can be availed in case one having E.L at his credit and wants to keep it for his retirement benefits?
Yes. LND may be sanctioned in cases where credit in EL account is available. However LND can be granted only on medical grounds and not for private affairs.

32. How may days an official can avail Earned leave at a stretch?
Since 1990, it has been increased to 180 days.

33. Is the Service book of an official is a secret document? Is there any provision to verify the entries there in by the official?
  • According the DG’s order Below SR 202, it is incumbent on every Government servant to see that his service book is properly maintained. He should be allowed to verify the entries periodically and affix his signature in token of having accepted the entries made there in..
  • It is necessary that one has to verify the service book every year and check the entries made there in with a special reference to leave account and service particulars .
  • A certified copy of service book can also be obtained on Quitting service on payment of Rs 5/-
34. Whether the fitness certificate should be obtained from the same doctor who certified the illness?
Not necessary. The rules do not envisage that the fitness certificate should be given by the same doctor who gave the medical certificate.

35. IF an official is directed for Second Medical Opinion to D.M.O whether he is entitled to claim TA/DA?
AS per Rules, any employee who has been asked to proceed to some other station for second medical opinion, he should be granted T.A for the journey period and D.A for a maximum period of two days calculated as on tour This facility is allowed only in cases of Second medical opinion for grant of original leave and not for extension of leave.

36. If the ward of official who is physically handicapped studying in unrecognized institution is he entitled for tuition fees or not.
Tuition fees shall be reimbursed in case of physically handicapped/ mentally retorted child irrespective of whether the school/ institution is recognized or not, provided the institution and its fee structure is approved by the Central State Government.

37. An employee is having just five years of service for superannuation. He applied for EL which has been rejected. It is correct?
As per DOPT orders dt 29.09.86, Earned leave should not ordinarily be denied to any employee, especially in the last ten years of his carrier.

38. An employee posted at higher HRA station was transferred to a lesser HRA station. His family continued to stay at old station. What is his HRA entitlement?
As per the MOF order dt 28.03.03, he is entitled to HRA at the rate admissible at the old Head Quarters, if his family continue to reside there for six months or till he is allotted or secured family accommodation at the new headquarters. whichever is earlier.

39. Can an employee having mentally retarded children be posted to the place of his choice?
As per the Dopt orders dt 15.02.01, Such a request need to be considered favourably to facilitate proper treatment of his child. .

40. Whether Special casual leave can be availed during Bunds, riots strikes etc.?
Heads of the departments may grant special casual leave to employees residing at places 5 K.M. away from their offices, when they are unable to attend office due to dislocation of traffic arising out of bundhs, natural calamities …etc. If the absence is due to picketing or curfew , special casual leave may be granted to all the employees irrespective of distance

41. Whether casual leave can be combined with other kind of leave?
No. It cannot be combined with any other kind of leave. But CL can be combined with Special C.L. Similarly Special CL can be combined with any other kind of leave.

42. What are all the actions termed as sexual harassment on women employees?
Sexual harassment includes such unwelcome sexually determined behavior (whether directly or by Implication) as:
a) physical contact and advances;
b) a demand or request for sexual favors;
c) sexually colored remarks;
d) showing pornography;
e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature

43.What is the time limit fixed for disposal of representation by the nodal ministry?
The Dopt Vide its Om dated 11.01.2002 stipulated that the representations of the officials should be disposed with in six weeks. Representations requiring inter departmental consultations should be disposed within three months. Final reply should be self contained, Covering all points raised by the employee and if rejected, grounds for rejection should be clearly given.

44. Whether two punishments can be imposed for the same lapse?
As per the Dte letter dated 30.03.81 in a disciplinary case, two punishments should not be imposed for the same offence. However recovery from pay can be ordered for recovery of pecuniary loss caused to the government along with any other penalty.

45. An official has submitted resignation but before acceptance, he applied for withdrawal of the same? Whether it should be considered or not?
If the employee’s written intimation of withdrawing his letter of resignation reaches the appointing authority before its acceptance his resignation will be deemed to have been automatically withdrawn. If the resignation has been accepted but the employee is not relived before his letter of withdrawal reaches the appointing authority, he may ordinarily be allowed to withdraw his resignation. If for some reason, the request for withdrawal is refused, the grounds for refusal should be recorded and conveyed to the employee.

46. Whether legitimate Trade Union activities will attract CCS rules?
The Department has clarified vide its letter dated 06.10.95, that legitimate union activity that does not violate CCS ( conduct) Rules 1964 & ED (conduct & service) rules 1964 or other rules or instructions governing the concerned employee should not lead to disciplinary action against the employee and this should be strictly ensured.


47. Whether oral orders and instructions or to be obeyed?
i) Oral instruction should not, as far as possible be issued by senior officers to their subordinates.

ii) IF the oral instructions are issued by any senior officer, they should be confirmed by him in writing immediately thereafter.

iii) if a junior officers seeks confirmation to the oral instruction given by the senior , the latter should confirm it in wiring whenever such confirmation is sought.

iv) A junior officer who has received oral orders from his superior officer should seek confirmation in writing as early as possible/ practicable.

48. Is there any provision to proceed against an employee on anonymous complaint?
No Rule 183 of Vol iii clearly stipulated that no action should be taken an anonymous and pseudonymous complaint against any Government servants. But if the complaint discloses very serious matter and contain verifiable facts then necessary enquiry should be conducted. If such an inquiry reveals serious irregularity on the part of the employee disc action can be taken 

49. Whether the staff Quarters can be forcibly allotted to an employee even though he has not offered his willingness?
No. it should not be trusted upon any employee against his will and in the absence of a written request for allotment of a Quarter from the employee.

However, it is mandatory for the employee to occupy the rent free post attached Quarters. If he refused to occupy the same, no HRA can be drawn. This is as per the Dte letter dt 11.07.2000.

50. Is there any condition that the compassionate appointee should be maintain the family properly?
Yes. He should give an undertaking in wiring at the time of appointment that he will main properly the other family members who were dependent on the Government Servant and in case it is proved subsequently at any time that the family members are being neglected or are not being maintained properly by him, his appointment may be terminated forthwith.

51. Whether the divisional union can pursue the Reservation roster at Divisional level?
As per Chapter IV, rule 6 of Swamy’s compilation on Reservation & Concession for SC/STs, the reservation roster is not a confidential document and can be shown to individual officials /association and if necessary through the liaison officer.
As such, the divisional secretaries on request should be permitted to pursue the roster once a year.

52. . Whether the departmental vehicles can be used to admit an official for immediate treatment in case of serious illness?
As per the DOPT order dt 19.10.82, the departmental vehicles can be provided to such officials who may need emergent medical attention, while on duty.
If the departmental vehicle is not immediately available, maximum possible assistance/ aid should be provided and the official moved to hospital by engaging other transport, if necessary at the cost of the government.

53. Whether one officer from the department should be sent along with the official who is summoned for interrogation by police?
When a departmental official is required by the police officers for interrogation, invariably a senior official like ASP/SDI/PRI(p) should accompany the official and he should be remain there till the interrogation by the police is over

54. An official is having EL at his credit. He wants to keep it for encashment on retirement. He has no HPL at credit. Can he be sectioned LND even if EL is available at his credit?
The availability or other wise of Earned leave has no bearing on sanction of LND. LND is nothing but advance credit of HPL that will be earning in the rest of his service. So it may be sanctioned, provided that there is every prospect of his earning that amount of HPL in his left over service

55. What is the cut off date for the condition of having not more than two surviving children for family planning Allowance?
The order was issued on 06.07.1999 in which it was categorically stated that the family planning allowances shall be admissible in future only to those C. G employees, with not more than two surviving children. As such, the condition is not applicable for those having more than two children prior to 06.07.1999. .

Further as per the rules this allowance is not available for those who under went family planning operation after 50 years of age in case of male employee and 45 years in case of female employee.

56. As EX Servicemen drawing pension was appointed as Postal Asst. After his retirement he was drawing pension for his civil service also. Whether his family is entitled for Family pension for both services?
No. Family pension can be availed for one service only army or civil

57 Whether an official can opt out of CGHS Scheme in case his spouse is working in a private organization which provides medical facilities?
The Government servant can opt out from CGHS in such a circumstances as per the Government orders dated 04.08.1994. There is no compulsion to remain in the scheme.

58. Whether there is any provision for stepping of pay in MACP promotion in the case of junior getting more pay than the senior.
No. The MACP promotion is only personal to the official and the senior cannot claim stepping up of his pay with junior. No pay protection is provided at par with junior.

59. In one disciplinary case, the disciplinary authority awarded one punishment. He desired to modify/ alter the punishment or withdraw the charge. Is he competent to do that?
No. As per Rule 29 of CCS (CCA) Rules 1965 the punishing authority is not competent to revise or cancel his own order. But the appellate authority on an appal or on it’s own accord can review & revise the order of disciplinary authority

60. Whether MACP beneficiary is entitled for pay fixation benefits at the time of regular promotion?
If the official got MACP before regular promotion and availed the fixation benefits, there will be no fixation of pay at the time of promotion. In such cases, the official will continue to draw the same pay, but the next higher grade pay will be granted in case if the same is above the regular promotions.

Further if the employee was offered regular promotion prior to the grant of ACP but declined to accept such promotion, he is not entitled for ACP. Therefore one should not decline regular promotion before exhausting all three ACP Promotions.

61. Whether the official under currency of punishment can be allowed to appear for departmental examination?
As per the DG P& T letter No. 7/31/66 –SPB dt 25.06.65, if the punishment is current, the authority should consider each case on its merits to see whether a person should be promoted in- spite of the penalty imposed on the basis of the results of the examination which he has passed.

Therefore, the officials under currency of punishment are eligible to appear for the departmental examination.

Similarly, the officials against whom the disciplinary proceedings have been initiated or under suspension should also be admitted to write the departmental exam. However he will be promoted only after the disciplinary proceedings is over and he is completely exonerated.

62. If an official who is under suspension is entitled for Family Planning Allowance when his spouse undergoes family planning operation during the suspension period?
It cannot be drawn during the suspension period as per the existing rules. However, on reinstatement after suspension, he is entitled to the allowance and its date of effect depends on how the period of his suspension is treated.

63. Whether any excess payment of pay and allowances can be recovered from the pension?
No. There is no provision to recover the excess pay and allowance from the pensioner vide GID (&) below Rule 73 of CCS (Pension) Rules, 1972. It is most pertinent to note that once the pension is authorized, it should not be revised to the disadvantage of the pensioner as per Rule 70 of the Pension Rules1972.

64. What is the duration to avail 15 days paternity leave from the date of delivery of the child?
As per the rules, it should be availed with in six months from the date of delivery of the child.

65. What is the time limit for claming TA Bill?
As per SR 194-A, it should be preferred within one year. For LTC, it should be preferred within three months form the date of completion of return journey and if advance is drawn, it should be preferred with one month.

66. Whether any Government dues can be recovered from the Group Insurance (CGEGIS) amount?
No. According to Para 21.2 of the scheme promulgated in 1980, it is not permissible to adjust any Government dues from the Group Insurance Scheme benefits

67. An official is on leave for one month from 10th of previous month to 9th of next month. Is he is entitled for Transport allowance during the leave period or not? 
Yes. He is entitled for transport allowance. As per the orders dated 22.02.02 the transport allowance will not be admissible, if a govt servant is absent from duty for a full calendar month(s)due to leave, training, tour etc. in this case the leave period is spread over in two calendar months. 

68. Whether the officials granted MACP promotion will continue to hold the original post or entitled to hold any promotional post and entitled to other privileges available to the higher post? 
As per the MACP Scheme, the employees granted Financial up gradation(i.e) higher pay grade/ band shall continue to hold the original post on regular basis with the same designation, classification, duties and responsibilities without conferring any privileges related to higher status. On up gradation they will be eligible for LTC, allotment of Quarters etc.

69. Can the Government Servant prefer ROHSC claim for his dependent son who is above 25 years of age?
As per the OM dt 17.09.99, the medical facilities will continue to be available to sons who are dependent on Government servant irrespective of their age. So, the claim may be preferred.(TO BE CHECKED UP)

70. Whether the widowed daughter is entitled for family pension without any age restriction?
As per the existing provisions under Rule 54 of CCS pension Rules 1972, widowed daughter is eligible for family pension without any age restriction subject to fulfilment of other conditions.

71. What is the age limit of the wards for claiming Educational Assistance?
The ward should not cross the age of 18. ? However in case of physically/ mentally handicapped children, they are entitled for the benefits up to the age of 22 years as per the OM. Dated 21.03.2006.

72. Is there any provision to apply for conversion of leave at any time or before the date of retirement as was the earlier practice?
As per the Rule10 (1) of CCS (leave) Rules 1972 , the request for conversion of one kind of leave into another should be submitted within a period of 30 days after joining the duty on expiry of relevant spell of leave. The earlier practice of applying conversion of leave at any time has been withdrawn.

73. In continuation of maternity leave, an official is availing EOL. Whether the EOL period will be treated as Qualifying Service?
The maternity leave, as per rules, will be treated as qualifying service. However EOL in continuation of ML without medical certificate will not count as qualifying service for increment/ pension.

74. What is the minimum contribution towards GPF subscription? Whether the amount can be altered by the DDO’s?
As per Rule 8(b), the subscription towards GPF should not be less than 6% of emoluments and not more than total emoluments. (Pay+ Grade pay) The DDO’s do not have any right to alter the subscription fixed by the Government Servant.

75. An official is deputed to an office and he is Drawing Daily Allowance for 180 days. Thereafter he has not been paid with any TA/DA. Is it correct?
As per SR 116, the transfer grant is admissible only if change of residence is involved. After 180 days, he can claim T.A bill by changing his residence to the newly posted station. But daily allowance will be entitled only up to 180 days.

76. If an employee dies during suspension period, family of the employee will be entitled to the family pension or not?
According to FR 54 (B) (2), where a Government servant under suspension dies before the disciplinary proceedings instituted against him are concluded, the period between the date of suspension and the date of death shall be treated as duty for all purposes. His family should be paid fully pay and allowances for that period he would have been entitled had he not been suspended. Naturally his family will be entitled for family pension and death gratuity. 

77. If one postmen is having the qualifying service of 9 years 10 months. Is he entitled to pension?
Yes. Certainly he is entitled. As per Rule 49 of CCS (pension) Rule 1972 , the period of three months and above but less than six months is to be treated as qualifying service of six months for determining pension. Hence all who are having the qualifying service of 9 years 9 months and above should be treated as ten years of qualifying service and they are entitled to pension.

78. An employee, after the end of Disciplinary proceedings under Rule 14 was dismissed/ removed .In such case, whether he can avail the benefit of leave encashment for the leave at credit in his account?
No. The official is not entitled. As per the Rule 9, the leave at credit is treated as lapsed on the date of removal/ dismissal . There is no question of any leave encashment.

79. Whether change of option for availing either CGHS medical facility or Medical Allowance is allowed to the pensioners? If so, how many times he can change the option?
As per DOP & PW OM dt 30.12.98, one change in option in the life time of a pensioner shall be allowed. As such he can change the option once.

80. When the period of suspension is treated as duty for all purposes, whether the concerned official is entitled for increments during that period?
Yes. When the suspension period is treated as duty for all purposes, his pay and increments etc are to be regulated as if he was on duty.

81. An official who is under suspension is convicted by a court of law. Whether he can continue in service after compilation of punishment awarded to him?
A notice should be served on the official asking him to state as to why he should not be dismissed/removed from service on account of his conviction in a court of law. On receipt of the reply, the disciplinary authority should carefully examine as to whether the offence committed by him is serious enough to dismiss him from service. Then take appropriate action as per Rule……… (see reply to question No 8 also) 

82. An employee committed suicide while in service, whetherl the family is entitled for family pension and other retirement benefits?
Yes. Family is entitled to family pension and death gratuity 

83 How an order of reduction of pay/ grade is to be worded?
The order of penalty of reduction to a lower grade should specify the following:-

i) The date from which it will take effect and the period for which the penalty shall be operative.
ii) The stage in the lower time scale in which the pay is to be be fixed.
iii) Whether the period of punishment will postpone future increments or not.

All the above should be specifically furnished in the punishment order.

84. Whether the wife living separately is entitled for family pension?
Unless the marriage is terminated with divorce decree by the court of law, the wife is eligible for family pension, irrespective of the fact whether she was living with him or not.

85. A pensioner who commuted his pension expired before completion of 15 years; will the commuted pension for the remaining years, recovered form the family pensioner?
No. The portion of pension should not be recovered from the family pension. The family pension is payable in full to the beneficiary.

86. Recovery of CGHS contribution is with reference to the place of residence or to the place of posting?
Recovery of CGHS contribution is with reference to the palace of residence of the official and not with reference to the place of posting.

87. Whether it is compulsory to nominate the suppose for GPF?
According to GPF (CS) Rules any member of the family can be nominated. Similarly for Group Insurance scheme, the Government Servant can nominate any one of his family member.

88. Whether commuted leave can be granted without production of medical certificate?
No. Production of medical certificate is mandatory to avail commuted leave even for one day.

89. Whether the leave sanctioning authority can alter the nature of leave applied for by the official?
The leave sanctioning authority shuld not alter the nature of leave applied by the official.

90. Whether Pension amount can be attached by the court?
As per the Pension Act 1971, Pension is not attachable by any court of law, even if the decree is for maintenance.

91. Now the annual increment for every 1st July. If any Dies non for a single day is awarded during one year from July to June next year, will it not postpone the increment for another one year?
No. As per the Rule 10 of CCS (RP) Rules 2008, an official who has completed six months qualifying service will be entitled for next increment. As such Diesnon, EOL without MC up to 6 months will have no effect in postponing the increment.

92. An official , after completing full tenure is transferred to another station at request. Whether he is entitled to claim TA/DA for his transfer?
The Department vide its letter dt 18.12.95 clarified that the officials transferred after the completion of full tenure are entitled for TA and transit. This is effective from 18.12. 95.

93. Whether a transfer order issued by an authority, competent to issue such orders can cancel that order?
As per Directorate orders dt 06.01.82, the transfer orders once issued may be cancelled by the same authority in the interest of service. However he will inform the same to next higher authority with reasons for his intention to cancel the orders. If no reply is received with in 7 days, he can cancel the transfer orders.

94. Whether an official completes tenure in one office seeking for postings as Treasurer in the same office, will it be considered?
If an official who has completed full tensure may be allowed to work as treasurer even tough he has done a full tenure in the same office in aother post.

95. An eligible official has been ordered to officiate in higher post for 10 days first and subsequently officiating arrangement is extended for another ten days. Whether he is entitled to draw higher pay for the officiating period?
Eligibility to draw officiating pay is dependent on the number of days for which the post was available for officiating arrangement, either due to leave of permanent incumbent or due to some other reasons. If the arrangement is for 14 days or more than all those who have worked in that post will have to be paid the pay and allowances attached to the post irrespective number of days they worked in that post. 

96 Whether the Circle or Divisional head is empowered to convert a post attached quarters for other purpose?
As per the Directorate orders dt. 06.05.03, the Head of Circle is competent, to convert a post attached quarters for other purpose?
Similarly, the suspension of quarters beyond 90 days enabling the SPM to draw HRA due to inhabitant quarters shall be exercised by the circle head only. There is no need to forward such cases to Directorate now.

97. Whether the Divisional head who is having five months service left for his superannuation can issue rotational transfers?
The Divisional Superintendents retiring with in a period of six months must obtain prior written approval of their DPS/PMG before issuing any transfer/ posting orders and appointment of ED agents as per the Dte. Orders dt -07.1992. This order is again reiterated on 12-06-1996. As such no transfer order can be issued by him without the approval of DPS.

98. Whether preference can be given to physically handicapped employees in transfers?
Yes. As per 26.07.90 orders, the requests from physically handicapped employees for transfer to their place of choice or to their native place will have to be considered . This was again reiterated by the DOPT on 13-03-2202.

99. Whether recovery of pay is a bar to promotion?
As per Dte. Letter No. 22-.12-87 , there is no bar to one being prompted While the recovery is in progress because such promotion will not affect the enforcement of the penalty.

100. One Sub Pm provided with post attached quarter’s retired form service. Whether he should vacate the quarters on the date of retirement or keep it for sometime?
As per the directorate orders dt 18-04-81,he may be allowed to retain the post attached quarters for a period of two months on payment of normal rent

101. Is there any preference in allotment of P&T community halls for postal employees
As per the Dte. Orders dt 02.06.84, the P & T employees should get preference in allotment of the community halls for their own use, before the requests of the outsiders, sponsored by another P & T employee.

Thanks to
Sri. Sri kantakr, senior postmaster
sri. shivu rt nagar


About Rule 38 Transfers


Rule 38 transfers may be permitted on the basis of declared vacancy i.e. direct recruit may be transferred against direct recruitment vacancy and promotee against a promotion vacancy. Further OC candidate should be transferred against OC vacancy, SC candidate against SC vacancy and ST candidate against ST vacancy.

(vi) Under Rule 38, inter-Circle and intra-Circle transfer from one distinct cadre to another viz. Post Oflices to Circle Office, Regional Office, SBCO, Postal Assistant to Sorting Assistant etc, or vice versa is not allowed. 

(vii) Only such officials who have put in minimum service of five years in the case of direct recruits in the cadre in question and three years in the case of surplus qualified officials wherever applicable would be eligible for transfer under Rule 38. Any relaxation in this regard should be matter of rarest exception. Transfer of officials who have not yet cleared the probation period should be permitted in deserving cases only.

(viii) Under the existing instructions, Heads of Circles i.e. CPMGs are fully empowered to permit such transfers with the approval of CPMG of the other Circle, where the transfer is sought. ln such cases where the prescribed conditions are met the approval of the Direciorate's would not be necessary.

(ix) As and when the applications are received for such transfers, it should be recorded in the register, which will serve as pr,iority list to be operated as and when vacancy (ies) arise.

(x) L-fnden R.ule 38, an official will be allowed to seek tnansfer ontrv twiceduning-his entire service.

CONFEDERATION CHAMPIONING THE CAUSE OF RE-EMPLOYED EX-SERVICEMEN – WE TOOK UP THE CASE FIRST WITH MINISTER AND THEN IN JCM STANDING COMMITTEE. NOW CONFEDERATION SUBMITS COMPREHENSIVE PROPOSAL TO GOVT.


 No. Conf/Re-emp.Ex-Sercice/2016-19                                                          Dated - 01.01.2018
Shri Ajay Narayan Jha,
Secretary
Department of Expenditure
Ministry of Finance, Government of India
Room No.129-A, North Block
New Delhi – 110001
Sub:    Applicability of CCS (RP) Rules, 2016 to persons re-employed Government Service and whose pay is debitable to civil estimates  -reg.
Ref :  DoPT O.M. No. F.No. 3/3/2016-Estt.(Pay-II) dated 18.10.2017.     
Sir,
1.         Confederation of Central Government Employees and Workers has received numerous complaints from re-employed ex-servicemen on the matter of their initial pay fixation in the re-employed posts.  We have taken up this case in the Standing Committee meeting of JCM National Council as an agenda item.  Minutes of the Standing Committee meeting circulated in DOP & T OM No.3/3/2016-JCA dated 08-08-2017 is reproduced below:
“S.No.36 - Removal of ambiguity in fixation of pay of re-employed ex-servicemen and grant of the same benefit extended to commissioned officers to Personal Below Officers Rank (PBOR) also.
Reply: Establishment Division in their comments dated 28-03-2017 had stated that -
(i)        The first issue relates to pay fixation on re-employment in Civil Services and Public Sector Banks etc.  Department of Financial Services (DoFS) is stated to have clarified that pay fixation of ex-servicemen would be through protection of pay plus DA drawn by them at the time of release from the Armed Forces.  DoFS orders provide that in addition to the pay fixed on re-employment, pension and other retirement benefits would also be allowed.
(ii)       Establishment Division of DOP&T has clarified to Department of Posts that initial pay on re-employment in case of ex-servicemen who had held posts below Commissioned Officers and Civilians below Group-A, shall be fixed as per the entry pay in the revised pay structure of the re-employed posts applicable to the case of direct recruits appointed on or after 01-01-2006.
(iii)     Staff side says there is contradictions in the two clarifications and, as a result of the ambiguity, one section has benefited (Personnel who are covered under the instructions of DoFS) while others are not (Personnel who are covered under the instructions of DoPT).  JS(E) stated that they had received a number of grievances and the Department of Welfare of Ex-Servicemen had also raised this issue. Presently there are two formulations for pay fixation of ex-servicemen - one for Group-A Posts and another for others - which is not an ideal situation.  It was stated that the same is under active consideration and a decision is likely shortly.”
            We understand that it is in this background DOPT has circulated a revised draft proposal seeking opinion from other nodal Ministers.  In that context, I would like to draw your kind attention to the succeeding facts and circumstances of the case. 
History of Rules/ OMs Governing Pay-fixation on Re-Employment
2.         Before delving into the above captioned subject, it would be prudent to retrace the evolution of statutory rules governing the initial fixation of pay of re-employed pensioners. The first comprehensive policy on the subject was issued by Department of Expenditure, MoF vide their O.M. No. 8(34)/Est. III/57 dated 25.11.1958 (Annexure-I) which when read in conjunction with Article 510-526 of Central Services Regulation (Annexure-II), inter-alia states that:-
(a)    Re-employed pensioners should be allowed only the prescribed scales of pay, that is, no protected time scales such as those available to pre-1931 entrants should be extended to them.
(b)    The initial pay, on re-employment should be fixed at the minimum stage of the scale of pay prescribed for the post in which an individual is re-employed. In cases where it is felt that the fixation of initial pay of the re-employed officer at the minimum of the prescribed pay scale will cause undue hardship, the pay may be fixed at a higher stage by allowing one increment for each year of service which the officer has rendered before retirement in a post not lower than that in which he is re-employed.
(c)    In addition to (b) above the Government servant may be permitted to draw separately any pension sanctioned to him and to retain any other form of retirement benefit for which he is eligible e.g. Government’s contribution to a Contributory Provident Fund, gratuity, commuted value of pension, etc.
3.         The said policy was in vogue till 30.07.1986, with suitable amendments from time to time in so far as the amount of pension to be ignored while fixing the pay in the re-employed post is as given below :-
OM No.                                                                             Amount of Pension to be 
                                                                                              ignored in the case of
                                                                                                    ex-servicemen
Ministry of Finance, Dept. of Expenditure
No. 7(17)-Est. III/62 dated 24.05.1962
(Annexure-III)                                                                  Rs.15/-
Ministry of Finance, Dept. of
Expenditure No. 7(34)-E. III/62 dated 16.01.1964
(Annexure-IV)                                                                  Rs.50/-
Ministry of Finance, Dept. of Expenditure
No. 5 (14)-E. III (B)/77 dated 19.07.1978
(Annexure-V)                                                                    Rs.125/-
Ministry of Defence O.M. No. 2 (1)/83/D (Civ.I)
dated 08.02.1983 and Ministry of Finance, Dept. of
Expenditure No. F. 4 (3)-E. III (B)/82 dated                  For Officers - Rs.250/-
13.12.1983 (Annexure-VI)                                             For PBOR – Entire pension.
Ministry of Personnel, Public Grievances and
Pensions, DOPT O.M. No. 3/1/85-Estt (P-II)                 For Officers – Rs 500/-For            
dated 04.04.1986(A-VII)                                                 PBOR – Entire Pension
DOPT O.M. No 3/1/86-Estt-(P-II) dated
31.07.1986(A-VIII)                                                          For PBOR  - Entire Pension
DOPT O.M. No. 3/13/2008-Estt (Pay-II)
dated 11.11.2008(Annexure-IX)                                    For Offiicers – Rs. 4,000/-
DOPT O.M. No 3/3/2016-Estt (Pay-II)                           For PBOR – Entire Pension
dated 01.05.2017(Annexure-X)                                      For Officers – Rs 15,000/-
4.         However, the subject was transferred to DoPT in 1986, therefore, all subsequent instructions were issued under the aegis of DoPT. One such impugned instruction is the CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 issued vide DOPT OM No. 3/1/85-Estt. (Pay-II) dated 31.07.1986 (Annexure-VIII). The subject order has been subsequently amended by DOPT vide their  O.M. No. 3/19/2009-Estt (Pay-II) dated 05.04.2010 (Annexure-XI), 08.11.2010 (Annexure-XII)and O.M. No. 3/3/2016-Estt (Pay II) dated 01.05.2017(Annexure-X).  However, these orders have failed to incorporate ‘Hardship Clause’ for pay fixation in respect of PBORs which has resulted in lot of heartburn and anomalous situation of pay-fixation post 1986 order viz-a-viz pre-1986 retirees. The situation has worsened post implementation of the 6th CPC and the recent 7th CPC, causing large-scale upheaval among PBOR ex-servicemen and further resulting in unending litigation in various courts of law across the country. Confederation has submitted a representation in September 2015 addressed to Shri. Jithendra Singh, Minister for State, Department of Personnel explaining the above position and requested to review the DOP&T orders.  The matter was taken up in JCM also as stated above.    Under such circumstances, DoPT has now decided to formulate a new policy, for which they have sought comments of Department of Ex-servicemen Welfare, MoD, Department of Expenditure, MoF and Department of Pension and Pensioners Welfare. I would like to reiterate that unless there is a cogent reason, the policies affecting lives of millions of ex-servicemen should not be arbitrarily amended. This is especially evident from intentional/ unintentional omission of “hardship clause” from pay-fixation orders issued by DoPT which are at variance from the instructions issued by DoE till 1986.
5.         It is also brought to the notice of Department of Expenditure that in view of large scale representation/litigation and discontent among re-employed ex-servicemen after issue of DoPT O.M.3/3/2016-Estt (Pay-II) dated 01.05.2017, Department of Ex-servicemen Welfare, MoD  vide their O.M. No 28(11)2017/D (Res-I) dated 24.07.2017 (Annexure-XIII)had suggested DoPT to completely revive the provisions contained in DoE, MoF O.M. No. 8(34)/Est. III/57 dated 25.11.1958.  But, the proposal of DESW stated in Para 6 of their above cited O. M. would only be beneficial only if status quo existed till 30.06.1986 is fully revived.  In other words, any proposal to revive the 1958 Orders would be beneficial to re-employed ex-servicemen (PBOR) only if the entire pension is ignored for fixation of pay in the re-employed post, i.e. the pension is not to be taken into account while fixing the pay as per Ministry of Defence O.M. No. 2 (1)/83/D (Civ.I) dated 08.02.1983 and Ministry of Finance, Dept. of Expenditure No. F. 4 (3)-E. III (B)/82 dated 13.12.1983.
OPINION/ RECOMMENDATION OF THE CONFEDERATION
Computation of Pre-Retirement Pay for the purpose of Pay-Fixation
6.         Similarly, the concept of pre-retirement pay (PRP) has undergone changes to the detriment of re-employed pensioners/ex-servicemen. It may be appreciated that Article 510 of Central Service Regulations, DoE O.M. 5(21)-Est. III(B)/64 dated 15.06.1964(Annexure XIV), DoPT O.M. No. 3/1/86-Estt (P.II) dated 31.07.1986 include all components  of pay such as rank pay, increments of pay for length of service, Good Service Pay, Classification Pay and X-Group Pay as a part of PRP. However, the proposal sent by DoPT for comments only takes basic pay as PRP like Armed Forces Officers, while ignoring other components which are part of pension.  It would be prudent to mention that PRP of Armed Forces Officer and Personnel Below Officer Rank (PBOR) has never been same and treating PRP of Armed Forces Officer as that of PBOR will not only create anomalous situation but also bring financial losses to PBOR.
Treatment of Military Service Pay.
7.         It is submitted that as per Part I, Section-3 of Gazette Notification dated 30 August, 2008(Annexure XV), Cabinet Resolution accepted Military Service Pay (Serial 2 of Annexure I-Part A) as part of pay in respect of all defence forces and is to be counted for pay fixation and pension in accordance with Para 2.3.12 of 6th CPC Recommendations(Annexure XVI).  However, Defence Ministry arbitrarily overridden the above aspect through their O.M. dated 24.07.2009. Accordingly, DOPT has denied the benefit of MSP to all defence pensioners whereas the said O.M. of MoD was meant only for military officers on their re-employment within Armed Forces. In this context, I humbly refer to enclosed judgment of Hon’ble Supreme Court of India on Civil Appeal No 3744 of 2016 dated 08.12.2017(Annexure XVII) on admissibility of MACP on similar lines. In this judgment, Hon’ble Supreme Court has held that cabinet decisions cannot be overridden/ modified through the means of any executive order.  Hence, Department of Expenditure may like to take cognizance of this ruling while forwarding its views to DoPT. It is imperative that the issue of MSP while fixing PRP is handled now in the spirit of above judgment which would go a long way in avoiding future litigation.
Methods of Pay Fixation
8.         Since, DoPT has proposed to consolidate, rationalise and simplify existing orders on pay fixation of re-employed ex-servicemen (including reservists and ex-combatant clerks) in a single policy framework, we as representatives of employees including re-employed ex-servicemen, being a major stake holder in the matter would like to suggest that pay fixation policy envisaged from 25.11.1958 to 30.06.1986 may be revived.  Accordingly, all re-employed ex-servicemen may be given two options to exercise, whichever may be beneficial to themand the subject option shall have a retrospective effect since 31.07.1986 at the discretion of affected ex-servicemen, as under :-
(a) Option I -   The initial pay, on re-employment shall be fixed at the minimum of the scale of pay prescribed for the post in which the individual is re-employed. After fixing the pay as above, in case the initial pay is lesser than the last pay drawn (pre-retirement pay), such cases are to be treated as causing undue hardship, the pay is to be fixed at a higher stage by granting one increment for each year of service rendered by him, so as to bring the initial pay at par with the pre-retirement pay. The pay so fixed is to be treated as “minimum of the pay scale”.  In addition to the above, the government servant is permitted to draw pension and all other forms of retirement benefits including Dearness Relief on pension which he is eligible.
(b) Option-II.  The initial pay of a re-employed pensioner shall be fixed in the time scale of the re-employed post at a stage equivalent to the stage that would have been reached by putting in the Civil Posts, the number of completed years of service rendered in the posts in the Armed Forces.  The pay so fixed will not be restricted to the ‘pre-retirement pay’. The pension (including pension equivalent retirement benefit) may be reduced from the pay so fixed after ignoring an amount of Rs.15000/- as proposed by DOPT. In addition to the above, the government servant is permitted to draw pension and all other forms of retirement benefits including Dearness Relief on pension which he is eligible. (The amount of ignorable part of pension and PEG for pensioners re-employed prior to 01.01.2016 will remain at Rs.4000/-). 
9.         It is requested that the proposals of this Confederation may kindly be considered on merit while formulating DoE views for onward submission to DoPT. I am hopeful that appropriate policy would be formulated in consonance with the spirit of government orders in vogue till 1986. 
Thanking You
Encl:  As stated.                                                                      
Yours faithfully,
(M. Krishnan,)
Member, Standing Committee,
National Council JCM &
Secretary General,
Confederation of Central Government Employees & Workers.
Mob: 09447068125, Email: mkrishnan6854@gmail.com

Copy to :
1.     Sri. Ajay Mittal,
         Secretary
         Department of Personnel and Training
         Ministry of Personnel, Public Grievances & Pension, Government of India
         North Block,  Room No.112, New Delhi-110 001.
2.     Mr. Sanjay Mitra, IAS,
         Secretary,
         Ministry of Defence, Room No.101-A, South Block,
         New Delhi-110 011.
3.     Smt. Sanjeevanee Kutty, IAS
         Secretary,
         Department of Ex-Servicemen Welfare, Room No.5-A, South Block,
         New Delhi-110 011.
4.     Sri. K.V.Eapen,
         Secretary, Department of Pension and Pensioner’s Welfare,
         Lok Nayak Bhavan, Khan Market, New Delhi-110 003.


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IMPORTANT - DELHI HIGH COURT JUDGEMENT ON MACP




























List of Head Post Offices under Tamilnadu Circle



Tamilnadu Circle- List of Head Post offices
Sl. NoDivisionHead Office NamePINCodeSTDPhone NoRegion
1Anna RoadAnna Road H.O60000204428520926CCR
2ArakkonamArakkonam H.O63100104177230520CCR
3ArakkonamRanipet H.O63240104172272244CCR
4ChengalpattuChengalpattu H.O60300104427431438CCR
5Chennai CentralMylapore H.O60000404424642805CCR
6Chennai CentralThygaraya Nagar H.O60001704424346691CCR
7Chennai GPOChennai G.P.O.60000104425216766CCR
8Chennai NorthPark Town H.O60000304425340651CCR
9Chennai SouthSt.Thomas Mount H.O60001604422320694CCR
10CoimbatoreCoimbatore H.O64100104222395637WR
11CoimbatoreRathinasabapathy Puram H.O64100204222553801WR
12CuddaloreCuddalore H.O60700104142231144CR
13CuddaloreChidambaram H.O60800104144230400CR
14DharmapuriDharmapuri H.O63670104342260143WR
15DindigulDindigul H.O62400104512427503SR
16DindigulNilakottai H.O62420804543233638SR
17DindigulPalani H.O62460104545242304SR
18ErodeErode H.O63800104242251408WR
19ErodeBhavani H.O63830104256233035WR
20ErodeGobichettipalayam H.O63845204285241028WR
21KanchipuramTiruvallur H.O60200104427660233CCR
22KanchipuramKanchipuram H.O63150104427222080CCR
23KanyakumariNagercoil H.O62900104652232066SR
24KanyakumariThuckalay H.O62917504651250740SR
25KarurKarur H.O63900104324260029CR
26KarurKulittalai H.O63910404323222068CR
27KovilpattiSankarankovil H.O62775604636222313SR
28KovilpattiTenkasi H.O62781104633222329SR
29KovilpattiKovilpatti H.O62850104632220368SR
30KrishnagiriKrishnagiri H.O63500104343236808WR
31KumbakonamKumbakonam H.O61200104352420411CR
32KumbakonamMelakaveri H.O61200204352481188CR
33MaduraiMadurai H.O62500104522343930SR
34MaduraiTallakulam H.O62500204522530146SR
35MaduraiArasaradi H.O62501604522601982SR
36MayiladuthuraiMayiladuthurai H.O60900104364222022CR
37MayiladuthuraiSirkali H.O60911004364270580CR
38NagapatinamTiruvarur H.O61000104366222022CR
39NagapatinamNagapattinam H.O61100104365242022CR
40NamakkalNamakkal H.O63700104286221251WR
41NamakkalTiruchengodu H.O63721104288252224WR
42NiligrisUdagamandalam H.O64300104232443796WR
43NiligrisCoonoor H.O64310104232232448WR
44PattukotaiPattukottai H.O61460104373252078CR
45PattukotaiTiruturaipundi H.O61471304369222460CR
46PollachiPollachi H.O64200104259229316WR
47PollachiUdamalpet H.O64212604252223697WR
48PondicherryTindivanam H.O60400104147222191CCR
49PondicherryPondicherry H.O60500104132336532CCR
50PondicherryVillupuram H.O60560204146223717CCR
51PudukottaiPudukkottai H.O62200104322220722CR
52RamanathapuramRamanathapuram H.O62350104567220338SR
53RamanathapuramParamakudi H.O62370704564226330SR
54Salem EastSalem H.O63600104272264844WR
55Salem EastAtur H.O63610204282240770WR
56Salem WestSuramangalam H.O63600504272448677WR
57SivagangaKaraikudi H.O63000104565238812SR
58SivagangaDevakottai H.O63030204561272308SR
59SivagangaSivaganga H.O63056104575240289SR
60SivagangaManamadurai H.O63060604574268554SR
61Sri RangamSrirangam H.O62000604312432389CR
62Sri RangamTuraiyur H.O62101004327222790CR
63Sri RangamPerambalur H.O62121204328276367CR
64TambaramTambaram H.O60004504422266203CCR
65TambaramAmbattur H.O60005304426245533CCR
66TambaramAvadi Camp H.O60005404426553130CCR
67ThanjavurThanjavur H.O61300104362231022CR
68ThanjavurMannargudi H.O61400104367250829CR
69ThanjavurPapanasam H.O61420504374222421CR
70TheniBodinayakanur H.O62551304546280294SR
71TheniPeriyakulam H.O62560104546231346SR
72TirunelveliTirunelveli H.O62700104622322816SR
73TirunelveliPalayankottai H.O62700204622568064SR
74TirunelveliAmbasamudram H.O62740104634250394SR
75TirupathurGudiyattam H.O63260204171220990WR
76TirupathurTirupattur H.O63560104179220578WR
77TirupurDharapuram H.O63865604258220278WR
78TirupurMettupalayam H.O64130104254222115WR
79TirupurTirupur H.O64160104212201550WR
80TrichyTiruchirappalli H.O62000104312466255CR
81TrichyLalgudi H.O62160104312541380CR
82TutucorinTuticorin H.O62800104612320309SR
83TutucorinTiruchendur H.O62821504639242239SR
84TutucorinSrivaikuntam H.O62860104630255240SR
85TV MalaiArni H.O63230104173226909CR
86TV MalaiTiruvannamalai H.O60660104175253041CR
87VelloreVellore H.O63200104162223908CCR
88VirdhunagarRajapalayam H.O62611704563222240SR
89VirdhunagarSivakasi H.O62612304562220150SR
90VirudhunagarVirudhunagar H.O62600104562243232SR
91VirudhunagarAruppukottai H.O62610104566220503SR
92VriddhachalamTirukkoyilur H.O60575704153252328CR
93VriddhachalamVriddhachalam H.O60600104143260293CR
94VriddhachalamKallakurichi H.O60620204151222441CR
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