Seniority : Frequently Asked Questions And Answers by DOPT

Seniority : Frequently Asked Questions And Answers by DOPT

The Pay commission, Promotion, Increment and Dearness Allowance are the main four core topics, all the central government employees want to talk about whenever they happened to meet with their colleagues. Like dearness allowance and Increment, the position of their seniority also been watched by every central government employee every year. Because seniority is one of the main criteria determines their promotional chances. Many doubts have been raised by our viewers regarding the seniority and the factors which determine their seniority. This FAQ published by the DOPT on Seniority will help all the government servants to clear their doubts.

DOP&T’s File No. 20011/1/2008-Estt.(D) dated 11th November 2010

Department of Personnel & Training

Establishment (D)

SENIORITY : FREQUENTLY ASKED QUESTIONS AND ANSWERS

1. From which date the various provisions of consolidated instructions on seniority applicable?

Unless specifically, otherwise provided against each instruction, the said instructions are effective from the date of the relevant O.M. by which they were issued, prospectively.

2. To whom the instructions on seniority issued vide DOP&T’s O.M.No.20011/1/2008-Estt.(D) dated 10.11.2010 are applicable?

The instructions on seniority issued vide DOP&T’s O.M.No.20011/1/2008-Estt.(D) dated 11.11.2010 are applicable in determination of seniority of the Government servants in Central Civil Services and Civil Posts except such Services and Posts for which separate principles have already been issued or may be issued by the Government.

3. Whether the instructions on seniority issued by DOP&T are applicable to PSUs/Autonomous Bodies/Banks etc.?

No. The seniority of the officers working in PSUs/autonomous bodies/ organisations /banks are governed by regulations/instructions issued by concerned Administrative Department/ PSUs/banks etc.

4. How the seniority of all direct recruits is determined?

The seniority of direct recruit is in the order of merit in which they are selected for appointment on the recommendations of UPSC or other selecting authority. The persons appointed as a result of earlier selection being senior to those appointed on subsequent selection. O.M.No.20011/1/2008-Estt.(D) dated 11.11.2010DoP&T’s File No. 20011/1/2008-Estt.(D) dated 11th November 2010

5. Whether the seniority of direct recruits is determined by the date of confirmation?

No. The relative seniority of direct recruits that used to be determined earlier according to date of confirmation and not original order of merit (in cases where confirmation was in an order different from order of merit indicated at the time of their appointment) has been discontinued with effect from 4.11.1992. O.M. No. 20011/5/90-Estt. (D) dated 04.11.1992

6. How will the inter-se seniority be fixed if a direct recruit officer joins late ?

Seniority in such cases will be determined according to O.M. No. 9/23/71-Estt.(D) dated 06.06.1978 and O.M. No.35015/2/93-Estt.(D) Dated 09.08.1995

7. How seniority of candidates of two different panels is determined, in case both the panels are received on the same date?

The seniority of candidates of two different panels received on the same date is determined by the following procedure: 

(i) Chronology of recommendation letter; 

(ii) Where the date of recommendation letter is same, chronology of Interview Board reports and 

(iii) Where both (i) and (ii) are also same, then the chronology of requisition made by the respective Ministries/Departments. O.M. No. 20011/1/2008-Estt.(D) dated 11.11.2010

8. How seniority of candidates is determined in case two results of recruitment through examination are announced for selection to same grade or post within the same year.

The seniority of the candidates will be determined as per date of publication/announcement of result. The candidate of the result announced earlier shall be senior to the candidate of the result announced later. DoP&T’s File No. 20011/1/2008-Estt.(D) dated 11th November 2010

9. How the seniority of the promotee officer is determined?

The inter-se seniority of a officer promoted on the basis of the recommendation of a DPC either by selection or non-selection method as per due procedure, shall be determined as in the feeder grade from which they are promoted. O.M. No. 20011/1/2008-Estt.(D) dated 11.11.2010

10. How seniority of a promotee officer is determined in cases where more than one feeder grade is prescribed for promotion to the higher grade and specific quotas are given?

In such cases, the officer in each grade assess a fit by the Departmental Promotion Committee shall be interpolated in the ratio prescribed in each grade in the Recruitment Rules for the post, for the purpose of determination of seniority(principle of rota quota).

11. Is a SC/ST Government servant promoted by virtue of rule of reservation entitled to consequential seniority?

Yes. A SC/ST Government servant on promotion by virtue of rule of reservation roster will be entitled for consequential seniority. O.M. No. 22011/1/2001-Estt.(D) 21.01.2002

12. Can a General/OBC category Government servant promoted through a later DPC regain his seniority of the feeder grade on promotion to higher grade?

No. A General/OBC category officer promoted through a later DPC will be placed junior to the SC/ST category Government servant promoted through earlier DPC even though by virtue of rule of reservation. O.M. No. 22011/1/2001-Estt.(D) 21.01.2002

13. What is co-relation between seniority in a grade and reservation roster for other grade? OR Whether a candidate is placed in the seniority list of a grade, as per his position in the reservation roster or viceversa?

There is no co-relation between seniority in a grade and the reservation roster for the said grade. Seniority of an officer is determined as per order of merit given by UPSC or selecting authority or panel of promotion given by DPC. A reservation roster/points are meant only for identifying the vacancy that goes to a particular category of officer. DoP&T’s File No. 20011/1/2008-Estt.(D) dated 11th November 2010

14. How the relative seniority of direct recruit and promotee is determined?

The relative seniority of direct recruit and promotee is determined according to rotation of vacancies between available direct recruits and promotees which is based on quota of vacancies reserved for direct recruitment and promotion respectively in the recruitment rules. O.M. No. 35014/2/80-Estt.(D) dated 07.02.1986

15. How year of availability in regard to determination of relative seniority of direct recruits and promotee is determined?

The year of availability, both in case of direct recruit as well as promotee, for the purpose of rotation and fixation of seniority is actual date of appointment after declaration of result/selection and completion of pre-recruitment formalities, as prescribed. The year of availability is a vacancy year in which a candidate of a particular batch of selected direct recruitment or an officer of a particular batch of promotee joins the post/service. O.M. No. 22011/1/2006-Estt.(D) dated 03.03.2008

16. Is a candidate appointed against the carry forward vacancy of earlier recruitment year, allow the seniority of the year in which the vacancy arose?

No. The seniority of direct recruits and promotees is delinked from the vacancy and year of vacancy. O.M. No. 35014/2/80-Estt.(D) Dated 07.02.1986

17. What is the starting point in the recruitment roster for the purpose of inter-se seniority of officers through direct recruitment, promotion, absorption etc.

The starting point in the recruitment roster for the purpose of inter-se seniority of officers through direct recruitment,promotion, absorption etc. will be as per provisions contained DOP&T’s O.M.No.28011/6/76-Estt.(D) dated 24th June, 1978.

18. How the seniority of an Officer absorbed after being on deputation or absorbed directly without being on deputation determined?

The seniority of an Officer absorbed after being on deputation or absorbed directly without being on deputation, If he has been holding already (on the date of absorption) the same or equivalent grade on regular basis in his parent department, is determined from the date he has been holding DoP&T’s File No. 20011/1/2008-Estt.(D) dated 11th November 2010 the post on deputation or the date from which he has been appointed on a regular basis to the same or equivalent grade in his parent department whichever is earlier. 

The fixation of seniority in aforesaid manner, however, will not effect any regular promotion to the next higher grade made prior to the date of such absorption. O.M. No. 22011/1/2000-Estt.(D) Dated 27.03.2001

19. How seniority of two or more surplus employees of a particular grade in an office determined in the event of their simultaneous selection for re-deployment in another office?

In this case, inter-se seniority in particular grade, on re-deployment in the latter office, would be the same as it was in the previous office. O.M. No. 9/22/68-Estt. (D) Dated 06.02.1969

20. How seniority of a reemployed officer determined?

For determination of seniority of re-employed officer is treated as direct recruit. Where Recruitment Rules of the post against which appointment is being made prescribed re-employment as a distinct mode of recruitment .then The inter-se seniority of persons so re-employed shall be determined in accordance with order of selection. 

The relative seniority of persons so re-employed in relation to direct recruits and promotees shall be determined: 

Where the Recruitment Rules prescribes specific quota for each of the categories (direct recruitment, promotion and reemployment) then seniority is determined on the basis of rotation of vacancies based on the said quota. In other cases, on the basis of chronology of selection. O.M. No. 20011/3/80-Estt(D) Dated 16.06.1980DoP&T’s File No. 20011/1/2008-Estt.(D) dated 11th November 2010

21. How the seniority of a meritorious sports person appointed in relaxation of Recruitment Rules determined?

Where sportsmen are recruited through the Employment Exchange or by direct advertisement and are considered along with other general category candidates, they may be assigned seniority in the order in which they are placed in the panel for selection. Where recruitment to a post is through a selection made by the Staff Selection Commission, whether by the competitive examination or otherwise, the sportsmen recruited in the department themselves should be placed en bloc junior to those who have already been recommended by the Staff Selection Commission. 

The inter se-seniority of sportsmen will be in the order of selection. O.M.No.14015/1/76-Estt.(D) dated 4.8.1980

22. How the seniority of a person appointed on compassionate grounds is determined?

A person appointed on compassionate ground in a particular year is placed at the bottom of all the candidates recruited/appointed through direct recruitment, promotion etc. in that year, irrespective of date of joining of candidate on compassionate appointment. O.M. No. 20011/1/2008-Estt.(D) dated 11.11.2010

23. How seniority of persons selected for appointment to different posts in the same grade requiring different qualification determined?

The seniority of persons selected for appointment to different posts in the same grade requiring different qualifications is determined as per provisions of para 4.9 of O.M. No. 20011/1/2008-Estt.(D) dated 11.11.2010

(Smita Kumar)

Director(E.I)

source ; DOPT

http://persmin.nic.in/DOPT/Seniority_Instructions_Guidelines/FAQ_Seniority.pdf

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General entitlement of leave FAQ

DOPT ORDER 2013 : General entitlement of leave FAQ

No. 21011/08 / 2013-Estt(AL) 

Government of India/Bharat Sarkar 

Ministry of Personnel, Public Grievances and Pensions 

Department of Personnel & Training

Establishment (Leave) Section
General entitlement of leave
S.No	Frequently Asked Questions	answer
1	What is the maximum period of leave of any kind which can be allowed to a Government servant? What is the impact if such limit is exceeded?	No. Government servant shall be granted leave of any kind for a continuous period of 5 years {Rule 12(1)) Normally, absence from duty, with or without leave, for a continuous period exceeding 5 years other than on foreign service, implies that such Government servant has deemed to have resigned from Government service. {Rule 12(2))
2.	What are the leave entitlements of Govt. servants serving in a vacation Department?	The rule 28 of the CCS (Leave) Rules, 1972 which came into effect from 1.9.2008 regulates the grant of Earned Leave for persons serving in the Vacation Department. The said rule provides for as follows:- (1) (a) A Government servant(other than a military officer) serving in a Vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation. (b) In respect of any year in which a Government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation: Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service. (c) If, in any year, the Government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under rule 26. • For the purpose of this rule, the term `year’ shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department. • A Government servant entitled to vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation: Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation. • When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty. • As per Rule 29(1) the half pay leave account of every Government servant (other than a military officer shall be credited with half pay leave in advance, in two instalments of ten days each on the first day of January and July of every calendar year. This is subject to conditions laid down in OM No. 13013/2/2008-Estt.(L) dated 11-11-2008.

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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 – authorisation/grant of leave — Rule position

The undersigned is directed to say that various references are being received from Ministries/Departments seeking advice/post facto regularisation of unauthorised 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 unauthorised 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 unauthorised 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 unauthorised 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 unauthorised 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 leave 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.

source-DOPT

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DOPT ORDER 2013 : Children Education Allowance Scheme (CEA)- Consalideted FAQ

DOPT ORDER 2013 : Children Education Allowance Scheme (CEA)- Consalideted FAQ

Children Education Allowance Scheme (CEA)- Consalideted FAQ

Many doubts and questions of central Government employees regarding Children Education Allowance Scheme (CEA) have been left un answered ,since the competent authority to clarify those doubts is DOPT. Now the DOPT itself came forward to clear all the doubts and issues regarding Children Education Allowance Scheme (CEA) by issuing consolidated clarifications and frequently asked questions and answers. It will be very useful for both the government servants and sanctioning authority.

No. 21011/08/2013-Estt.(AL)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

Establishment (Allowances) Section

Children Education Allowance Scheme (CEA)

Frequently asked Questions and Answer

1.Whether Reimbursement of Children Education Allowance (CEA) for 3rd child is permissible if CEA has not been claimed for 1st and or 2nd child?

As per OM dated 2.9.2008 CEA is admissible for two school going children does it mean any two school going children?

No. Reimbursement of CEA is not permissible for third child even if reimbursement has not been claimed in respect of first and/or second child. However, as per OM No.12011/03/2008- Estt.(AL) dated 11.11.2008, the Children Education Allowance would be admissible for more than two children where as a result of the second child birth results in birth of twins or multiple children. Further, reimbursement of CEA for the 3′ child is also admissible in case of failure of sterilization operation. Such reimbursement• is admissible only for the first child birth after failure of sterilization operation.

This point was further clarified vide O.M. No.12011/16/2009-Allowance) dated 13.11.2009.

TO SEE ALL THE ABOVE SAID OFFICE MEMORANDUM CLICK THIS

2. What types of fee are reimbursable?

Whether Annual Charges and Transportation fees are reimbursable?

Whether reimbursement towards purchase of school bag, water bottle, uniform, shoes and stationery is admissible?

As per OM No.12011/03/2008-Estt.(AL) dated 2.9.2008, tuition fee, admission fee, laboratory fee, special fee charged for agriculture,electronics, music or any other subject, fee charged for practical work under the programme of work experience, fee paid for the use of any aid or appliances by the child, library fee, games/sports fee and fee for extra-curricular activities are reimbursable subject to the condition that the aforementioned fee are charged by the school directly from the student.

No reimbursement is permissible for Annual Charges and Transportation fees. Besides,reimbursement for purchase of one set of text books and notebooks, two sets of uniforms prescribed by the school in which the child is studying, one pair of shoes, in an academic year are reimbursable. Uniform include all items of clothing prescribed for a day, as uniform by the school, irrespective of colours/winter/summer/PT uniforms. Reimbursement of school bags, pens/pencils, water bottle, stationery etc., may not be allowed. O.M. No.12011/08/2010-Estt.(AL) dated 30.12.2010and O.M. No.12011/07(i)/2011-Estt.(AL) dated 21.02.2012 refers

3.Whether CEA has been increased by 25% as a result of This Department’s OM No.12011/03 2008-Estt.(AL) dated 2.9.2008 clearly indicates that th enhancemt of Dearness Allowances beyond 50%?

limits “would be automatically raised by 25% every time the Dearness Allowance on the revised pay structure goes up by 50%”. There is no need for any separate order from this Department to effect enhancement of CEA as a result of increase in DA by 50%. However, O.M. No.12011/01/2011-Estt.(Allowance) dated 4th May, 2011,

4. Whether CEA can be claimed for the child for the same class twice?

The reimbursement of CEA is not linked to the performance of the child in his class. Even if achild fails in a particular class, the reimbursement is permissible. However, if the child is admitted in the same class in another school, although the child has passed out of the same class in previous school or in the mid-session, CEA shall not be reimbursable.

5.Whether CEA/Hostel Subsidy is allowed for initial two years of Diploma Courses?

Children Education Allowance/Hostel Subsidy is allowed for the initial two years of a diploma/ certificate course from Polytechnic/ITI/Engineering College, if the child pursues the course after passing 10th standard and the Government servant has not been granted CEA/Hostel Subsidy in respect of the child for studies in 11th and 12th standards. This is further subject to fulfillment of other conditions laid down in the O.M. No.12011/03/2008-Estt.(AL) dated 2.9.2008 and subsequent instructions issued from time to time.

6. What is hostel subsidy?

The term Hostel Subsidy would mean expenses incurred by the Government servant if he/she keeps his/her children in a hostel of a residential school/institution located beyond a distance of 50 kilometers from his/her residence.

7.Whether Hostel subsidy is reimbursable irrespective of transfer liability?

Hostel Subsidy is reimbursable to all Central Government Employees covered by the scheme,for keeping their ward in the Hostel of a residential school away from the station in which the employee is posted or residing irrespective of any transfer liability.

8. Whether Hostel subsidy can be reimbursed if the child is ‘ staying in a Hostel which is not part of residential schoolwhere he is studying?

No. Hostel subsidy is reimbursable only in case of child studying in a residential school and staying in hostel of the said residential school.

9. What are the components of hostel subsidy?

Hostel subsidy includes fee charged for boarding, lodging in addition to fee as mentioned in para 1(e) of OM No. 12011/03/ 2008-Estt.(AL) dated 2.9.2008.

10. Whether a Government servant is allowed to get 50% of the total amount subject to the overall annual ceiling in the first quarter and the remaining amount in third and/or fourth quarter?

Reimbursement of 50% of the entitled amount for the academic year can be allowed in the first and/or second quarter and the remaining amount can be reimbursed in the third and/or fourth quarter. The entire entitled amount can also be reimbursed in the last quarter. However, frontloading of the entire admissible amount is not permissible. O.M. No.12011/07(0/2011- Estt.(AL) dated 21.02.2012 refers

11. Whether any age limit has been prescribed for reimbursement of CEA in respect of children studying innursery classes?

There is no minimum age prescribed for reimbursement of CEA in respect of children admitted in nursery classes. However, with regard to physically challenged children the minimum age of 5 (five) years was prescribed for disabled children undergoing non formal/vocational education. With effect from 21st February, 2012, the minimum age stipulated as 5 years for disabled children stand removed. Hence, there is no minimum age of child for whom reimbursement is claimed irrespective of the fact whether the child is disabled or not.

The maximum age for normal child is 20 years and for physically challenged children the maximum age is 22 years. O.M. No.12011/07(ii)/2011-Estt.(AL) dated 21.02.2012 refers.

12. Whether the school/institution should be recognized?

The school/institution has to be recognized by the Central or State Government or UT administration or by University or a recognized educational authority having jurisdiction over the area where the institution is situated. This also applies in respect of children studying in two classes prior to Class-I, i.e., nursery/LKG/UKG, etc. OM No. 12011/03/ 2008-Estt.(AL) dated 23.11.2009.

13. Whether CEA is payable for The children of Central Government employees and studying abroad, including children of citizens of Nepal/Bhutan but working in Government of India, and their children are studying in the schools in their native place?

The CEA is payable for the children of all Central Government employees including citizens of Nepal and Bhutan, who are employees of Government of India, and whose children are studying in the native place. However, a certificate may be obtained from the concerned Indian Mission that the school is recognized by the educational authority having jurisdiction over the area where the institution is situated.

14. What constitutes “Fee” as per para 1(e) of the O.M. dated 2/9/2008 and whether fee paid for extra-curricular activities to some other institute and reimbursement of, school bags, pens/pencils, etc., can be allowed? Is there any item- wise ceiling?

“Fee” shall mean fee paid to the school in which the child is studying, directly by the parents/guardian for the items mentioned in para 1(e) of the O.M. dated 2/9/2008. Reimbursement of school bags, pens/pencils, etc., may not be allowed. There is no item-wise ceiling. O.M. No.12011/07(i)/2011-Estt.(AL) dated 21.02.2012 refers.

15. Whether reimbursement can be allowed in case the original receipts are misplaced and duplicate receipts are produced by the Government servant?

Are the original receipts required to be attested/ countersigned/ rubber stamped by the school authorities? In case of misplacement of receipts given by the school/institution towards charges received from the parents/guardian, reimbursement may be allowed if the Government servant produces a duplicate receipt, duly authenticated by the school authorities. Receipts from private parties, other than the school, if misplaced shall not be entertained, even if a duplicate receipt is produced. Original receipts from school authorities need not be attested/ countersigned/rubber stamped by the school authorities.O.M. No.12011/07(i)/2011-Estt.(AL)dated 21.02.2012 refers.

16. Whether Development Fee/Parents’ Contribution charged by the school/institution is reimbursable?

Reimbursement of Development Fee/Parents’ Contribution is allowed w.e.f. 21st February,2012, vide O.M. No.12011/07(ii)/2011-Estt.(AL) dated 21.02.2012, on pro-rata basis, subject to the condition that the Government servant will have to certify that the school does not charge tuition fee. However, in respect of children studying in Kendriya Vidyalaya, the Vidyalaya Vikas Nidhi is reimburseable as it forms part of para 1(e) of O.M. No.12011/3/2008-Estt.(Allowance) dated 2.9.2008. O.M. No.12011/16/2009- Estt.(Allowances) dated 13.11.2009 refers.

17. Whether reimbursement of fee charged directly by the school for catering to the special needs of the child with disabilities duly certified by the concerned school authorities, in addition to items mentioned in para 1(e) of O.M. dated 2.9.2008, is permissible?

Reimbursement of fee charged directly by the school for catering to the special needs of the child with disabilities duly certified by the concerned school authorities, in addition to items mentioned in para 1(e) of O.M. dated 2.9.2008, is allowed w.e.f. 21st February, 2012.

source : DOPT

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Allowance-25032013.pdf

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COMMUTED LEAVE - DOPT CLARIFICATION

COMMUTED LEAVE : Frequently asked Question  Answer

1.Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?

Leave on medical grounds may be allowed on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in such cases.

source-persmin

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf

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Leave Encashment with LTC – FAQ by DOPT

Leave Encashment with LTC – FAQ by DOPT

DOPT issued Frequently Asked Questions and Answers on Leave Entitlement in various title . Every body know that there are many types of leave for central government employees so as, many types of doubts also are being raised on Leave and allowance  . The DOPT is issuing necessary clarification time to time to remove any hitches for sanctioning leave for central government employees, so that the problems like not sanctioning leave, due to the  reason of  rule position is not clear, can be avoided

FAQ regarding the Leave Encashment alognwith LTC.

Leave Encashment with LTC

 Frequently asked Questions /Answer

1. Whether encashment of leave is allowed after LTC is availed?

Sanction of leave encashment should, as a practice, be done in advance, at the time of sanctioning the LTC. However, ex-postfacto sanction of leave encashment on LTC may be considered by the sanctioning authority as an exception in deserving cases within the time limit prescribed for submission of claims for LTC.

2. Whether encashment of leave with LTC can be availed at the time when the LTC is availed by the Government servant only or can leave be encashed at the time when LTC is availed by family members?

Yes. A Govt. servant can be permitted to encash earned leave upto 10 days either at the time of availing LTC for himself or when his family avails it provided other conditions are satisfied.

3. Whether leave encashment should be revised on retrospective revision of pay/D.A?

In terms of 38-A of CCS(Leave) Rules, encashment of EL alongwith LTC is to be calculated on pay admissible on the date of availing LTC and DA admissible on that date. If pay or DA admissible has been revised with retrospective effect, going by the rule the Govt. servant would be entitled to encashment of Leave on the revised rates.

4. Whether encashment of Earned Leave and Half Pay Leave is admissible to industrial employees?

The Industrial employees, other than those under the cadre control of the Ministry of Railways, are entitled to encash both Earned Leave and Half Pay Leave, subject to overall limit of 300. The cash equivalent of Half Pay Leave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefits payable. But no commutation of Half Pay Leave shall be allowed to make up for the shortfall in Earned Leave and these orders are effective from 07-11-2006. {OM No. 12012/3/2009- Estt.(L) dated 28-12-2012}.

Source: www.persmin.nic.in

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf

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Consolidated Instructions on compassionate appointment : DOPT

Compassionate  Appointment – Consolidated Instructions by DOPT

F.No.14014/02/2012–Estt. (D)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel & Training)

North Block,

New Delhi

Dated the 16th January, 2013

OFFICE MEMORANDUM

Subject:- Consolidated Instructions on compassionate appointment — regarding.

The undersigned is directed to invite attention to this Department’s O.M. No.14014/6/94-Estt(D) dated 09.10.1998 vide which Scheme for “Compassionate Appointment under Central Government” was issued. Subsequently a number of instructions on compassionate appointments under the Central Government have been issued. The content of important/relevant O.Ms and orders on the subject have been further consolidated for the facility of reference and guidance and are being made available on this Department’s website www.persmin.nic.in in the dynamic form

(OMs & Orders>Establishment>(A) Administration (III) Concessions in appointment (a) compassionate appointment).

This may be brought to the notice of all concerned  for information, guidance and necessary action.

2. Hindi version will follow.

( Virendar Singh)

Under Secretary to the Government of India

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DOPT order: Eligibility for two family pensions clarification

No.1/33/2012-P&PW(E)

Government of India

Ministry of Personnel, P.G. & Pensions

Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,

Khan Market, New Delhi

Dated: 16th January, 2013

Office Memorandum

Sub: (i) Eligibility of disabled children for family pension after marriage and

         (ii) Eligibility for two family pensions clarification regarding.

The undersigned is directed to state that the Government has decided to allow continuance of family pension to mentally / physically disabled children who drew, are drawing or may draw family pension even after their marriage. Further, the Government has also decided to allow two family pensions where the pensioner drew, is drawing or may draw two pensions for military and / or civil employments.

2. In order to implement these decisions, Explanations 1 and 3 after sub-rule 6 of Rule 54 of the Central Civil Services (Pension) Rules, 1972 have been suitably amended and sub-rules 13-A and 13-B have been omitted. A copy of Gazette notification, G.S.R. No. 938 (E), dated 27th December, 2012, giving effect to these amendments is enclosed.

3. For the sake of clarity, the old and new explanations 1 and 3 are reproduced as under highlighting the changes made therein:

Old : EXPLANATION 1 – An unmarried son or an unmarried or widowed or divorced daughter shall become ineligible for family pension under this sub-rule from the date he or she gets married or remarried.

EXPLANATION 3 – It shall be the duty of son or daughter or siblings or the guardian to furnish a certificate to the Treasury or Bank, as the case may be, once in a year that (i) he or she has not started earning his or her livelihood and (ii) he or she has not yet married or remarried. A similar certificate shall be furnished by a childless widow after her re-marriage or parents to the Treasury or Bank, as the case may be, once in a year that she or he or they have not started earning her or his or their livelihood.

New : EXPLANATION 1 – An unmarried son or an unmarried or widowed or divorced daughter except a disabled son or daughter, shall become ineligible for family pension under this sub-rule from the date he or she gets married or remarried.

EXPLANATION 3 – It shall be the duty of son or daughter or siblings or the guardian to furnish a certificate to the Treasury or Bank, as the case may be, once in a year that (i) he or she has not started earning his or her livelihood and (ii) he or she has not yet married or remarried. A similar certificate shall he furnished by a childless widow after her re-marriage or b the disabled son or daughter or parents to the Treasury or Bank, as the case may be, once in a year that she or he or they have not started earning her or his or their livelihood.

4. Sub rule 13-A regulates the grant of family pension to a military pensioner after his re-employment in a civil service or a civil post. Grant of two family pensions had been prohibited under this sub rule. Similarly, sub rule 13-B prohibits grant of two family pensions to a person who is already in receipt of Family Pension or is eligible there for under any other rules of the Central Government or a State Government and/or Public Sector Undertaking/Autonomous Body/Local Fund under the Central or a State Government. The sub-rules 13-A and 13-B have since been omitted vide the above mentioned Gazette notification.

5. It is clarified that financial benefits in past cases will accrue with effect from 24th September, 2012.

6. As regards pensioners/family pensioners belonging to the Indian Audit and Accounts Departments, these Orders issue after consultation with the Comptroller and Auditor General of India.

sd/-

(Sujasha Choudhury)

Deputy Secretary to the Govt. of India

Source: www.pensionersportal.gov.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/FP_160113.pdf]

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