Verification of qualifying service after 18 years service and 5 years before retirement.-DOPT

No.1/19/2013-P&PW (E)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Pension and Pensioners Welfare

Lok Nayak Bhavan, Khan Market,

New Delhi-110003,

Dated the 16.9.2015

OFFICE MEMORANDUM

Sub : Verification of qualifying service after 18 years service and 5 years before retirement.

It has been observed by this Department that processing of pension cases of the employees retiring from the government service quite often get delayed on account of the issues relating to verification of service from time to time by the concerned authorities during the service of the concerned employee. Although detailed instructions regarding verification of service have been issued by Department of Personnel & Training and by this Department, these instructions are not meticulously adhered to resulting in delay in sanctioning of retirement benefit of the employees.

2. Rule 32 of the CCS (Pension) rules, which existed prior to December, 2012 provided for issuing of a certificate in Form 24 by the Head of Office in consultation with by the Account Officer regarding completion of qualifying service of 25 years. These rules have been amended subsequently and as per the existing provisions, a certificate regarding qualifying service is required to be issued by the HOO after completion of 18 years of service and again S years before the date of retirement of an employee. Rule further provide that verification done under that rule shall be treated as final and shall not be reopened except when necessitated by a subsequent· change in the rules and orders governing the conditions under which the service qualifies for pension.

3. It has been noticed that the certificates regarding qualifying service are not invariably issued to the government servant as required under the rules. All Ministries/ Departments etc. are therefore requested to bring these provisions to the notice of Heads of Offices and PA Os for strict compliance. Non-compliance of this statutory requirement may be viewed seriously.

4. In order to review status regarding compliance of these rules, all Ministries/ Departments are requested that the information may be collected from all establishments / office under them and the same may be compiled and sent to this Department by 15th October, 201 S in the enclosed proforma.

( Sujasha Choudhury)

Deputy Secretary to the Government of India

Te1:24635979

Government to compulsorily retire officers with bad reputation or inefficient

Aman Sharma, ET Bureau | Sep 17, 2015

Times of India

NEW DELHI: Sending a clear message that inefficiency or a bad reputation on account of probity would mean retirement kicking in almost a decade in advance for senior government officials, the Narendra Modi government has now strengthened the review processes to compulsorily retire such officers.

Issuing four-page long guidelines to all ministries last Friday, the PM-led Department of Personnel and Training (DoPT) has said that services of those government officials "which are no longer useful to the general administration" or whose "integrity and reputation" is doubtful, must be compulsorily retired from service.

As per an existing rule FR 56 (J) which has been rarely enforced, the performance of Group A and B officials who have completed 50 years and junior officials who have completed 55 years of service must be reviewed and a decision taken whether to compulsorily retire them before turning 60.

ET reported on September 14 that Cabinet Secretary P.K. Sinha had chaired a meeting on August 10 with senior officers of different ministries asking for strengthening of the review system of screening of officers under the existing rule. The DoPT missive is a fall-out of the same.

Citing SC judgements, DoPT has said that "integrity of an employee, action or decisions taken by the employee which do no appear to be above board, complaints received against him or suspicious property transactions, for which sufficient evidence may not be there to initiate departmental proceedings" should be the factors considered to decide on prematurely retiring an officer.

"Similarly, reports of conduct unbecoming of a government servant may also form basis for compulsorily retirement," the DoPT says, citing a 2002 SC judgement that said government has absolute right to compulsorily retire an official who obstructs the efficiency in public services. "The officer would live by reputation built around him," DoPT says citing another SC order which says conduct and reputation of an officer must not be such that his continuance "would be a menace to public service and injurious to public interest."

"For better administration, it is necessary to chop off dead wood," says another 2001 SC order cited by DoPT in its letter, saying it should be seen if recent promotions of the officer in last five years were on basis of seniority cum fitness and not on the basis of merit.

The government has reconstituted review committees to look into cases of officers turning 50/55 as the case may be - saying Secretary of the concerned department will head a review committee in case of ACC appointees while in case of senior appointees in boards like CBDT and CBEC, the review committee will be headed by the Chairman of such Board. An additional secretary or joint secretary will head review committees in cases of junior officials. The Central Vigilance Officer will be a part of the committee if an integrity issue is involved. All reviews must be done six months before the official turns 50 or 55 as the case may be.

GAZETTE NOTIFICATION ON EXTENSION OF 

TENURE OF 7TH CENTRAL PAY COMMISSION

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 235] NEW DELHI, WEDNESDAY,

SEPTEMBER 9, 2015/BHADRA 18, 1937

MINISTRY OF FINANCE

(Department of Expenditure)

RESOLUTION

New Delhi, the 8th September, 2015

No. 1/1/2013-E. III(A).—The Government of India have decided that the Para 5 of this Ministry’s Resolution

No. 1/1/2013-E.III(A) dated 28.2.2014 shall be modified as under

“The Commission will make its recommendations by 31st December, 2015. It may consider, if necessary, sending reports on any of the matters as and when the recommendations are finalized.”

RATAN P. naWATAL, Fin Sec

National Federation of Atomic Energy Employees NFAEE DEPARTMENT OF ATOMIC ENERGY Regn.No.17/9615 Recognised by DAE vide DAE OM No. 8/1/2007 – IR&W/95 dated 13th June 2007 NFAEE Office, Opp. NIYAMAK BHAVAN, Anusaktinagar, Mumbai 400 094 Web site: www.nfaeehq.blogspot.com ; Email address: nfaee@yahoo.com

Ref.No: nfaee/sg/15/177                                                                16.09.2015

To

All Affiliates

NFAEE

Dear Comrades,

MACP Case on Promotional Hierarchy in Supreme Court:

SLP NO. 21803/2014-

UNION OF INDIA & ORS Vs

M V MOHANAN NAIR, BABU RAM, REETA DEVI & DHIRENDER SINGH

The SLP came for hearing on 14.09.2015 in the Supreme Court bench of Hon’ble Justice Jagdish Singh Khehar and Hon’ble Justice Mrs. R Banumathi.

As two applicants has not completed the formalities, the Court directed to issue notice to the unserved respondents and the case has been postponed for 4 weeks.

Our Advocate Shri G. Prakash was present in the Court.

MACP case filed by NFC (DAE) employees in the 

CAT, Hyderabad:

OA No. 412 of 2014

UNION OD INDIA & ORS Vs

G.V.S.S Anand and 12 others

Hyderabad bench of CAT, while delivering the verdict in the above mentioned OA on 04.09.2015, directed the Government of India and NFC to fix the pay Grade Pay of the applicants in the promotional hierarchy of Rs 4200 with effect from the respective due date of their 2^nd MACP.

With fraternal Greetings

Comradely yours,

Jayaraj KV

Secretary General

Address for Correspondence: Jayaraj. KV, Secretary General, NFAEE

PESS/UED; BARC, Trombay, Mumbai 400 085

Tel. No: (O): 022 – 25596519; (Res): 022 – 25554179; (Mobile): 9869501189

Email Address: nfaee@yahoo.com, jrajkv@yahoo.com      

Shiva Gopal Mishra

Secretary

National Council (Staff Side)

Joint Consultative Machinery

13-C, Ferozshah Road, New Delhi – 110001

E-Mail: nc.jcm.ni@gmail.com

Ph: 23382286

                                                                                                          Dated 11.09.2015

Justice Shri Ashok Kumar Mathur,

Chairman,

Seventh Central Pay Commission,

New Delhi.

Dear Sir,

Sub: Parity between Past and Future Pensioners

While urging for parity in Pension; for past and future pensioners before the Seventh Central Pay Commission, Staff Side, National Council/JCM vide Chapter-IV, Para 4.1 submitted as follow:-

“The Government have recently announced that “One Pension’ shall be implemented in respect of Armed Forces so that the glaring disparity between the persons of equivalent rank and status do not draw vastly unequal pensions if they retire at different point of time is undone. Already there is a complete parity in pension among the Judges of Supreme Court, High Court and the Comptroller and Auditor General of India, irrespective of the date of their retirement”. Now the Government of India has accepted the demand for ‘One Rank One Pension’ in respect of Armed forces.

The detailed justification for the same has already been submitted in our aforesaid Memorandum, as well as during our Oral Evidence before the Central Pay Commission.

The Civilian employees of Central Government have been waiting anxiously for implementation of the same equally for them and hope that the Seventh Central Pay Commission would administer Justice by recommending “One Rank One Pension’ to all other past and future pensioners irrespective of their date of retirement and remove the injustice done to them so long.

Yours faithfully,

(Shiva Gopal Mishra)