No.36012/23/2009- Estt(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block
NewDelhi, the 4th May,2009.
OFFICE MEMORANDUM
Subject:- Judgement of the High Court of Delhi in W.P.(C) No.15828/2006 National Federation of Blind Vs. DOl & Ors. - reg.
The Hon'ble High Court of Delhi in W.P. (C) No.15828/2006 in the matter of National Federation of the Blind Vs. DOl & Ors. has held that reservation forpersons with disabilities should be computed on the basis of total strength of cadre i.e. both identified as well as unidentified posts and issued following directions :-
"i. We direct the respondents to constitute a committee consisting of the Chief Commissioner for Disabilities (Chairman), Joint Secretary, Department of Personnel and Training, Joint Secretary, Ministry of Social Justice and Empowerment, Joint Secretary, Department of Public Enterprises, and Secretary, Staff Selection Commission to do the following acts in terms of this order:
(a) To solicit information with regard to recruitments made by departments/public sector undertakings/government companies from the date when the Disabilities Act came into force in 1996 and to work out backlog of vacancies for the disabled on the total cadre strength in different establishments within one month from the date of this order.
(b) To undertake special recruitment drive by organising centralised recruitment against backlog so worked out so as to fill up the vacancies by utilising at least 50% of the vacancies available with the respective establishments for this purpose only.
(c) To organise further special recruitment drive as required so as to fill up the remaining backlog of vacancies by 315t December, 2010.
ii. Respondent No.1 will issue an appropriate order modifying the OM dated 29.12.2005 and the subsequent OMs consistent with this Court's order.
iii. The respondent No. 1 shall issue instructions to all the departments/public sector undertakings/government companies declaring that the non observance of the scheme of reservation for persons with disabilities should be considered as an act of non- obedience and the Nodal Officer in departments/public sector undertakings/government companies responsible for the proper strict implementation of reservation for person with disabilities to be departmentally proceeded against for his default.
iv. The Respondent No. 1 is further directed to issue instructions to all the departments/public sector undertakings/government companies as well as recruiting agencies not to undertake recruitment for any department/public sector undertaking/ government company unless the department/public sector undertaking/government company makes provisions for reservation for persons with disabilities in terms of the order of this Court and a clearance is granted by the Committee headed by the Chief Commissioner for Disabilities.
v. The Committee headed by the Chief Commissioner for Disabilities shall submit a status report on implementation for the above directions of this Court within three months from the date of this order."
2. The Union of India has filed an SLP No.7541/2009 in the Supreme Court inthe matter and has also filed an Interim Application for staying the operation ofthe order of the Hon'ble High Court. Meanwhile the National Federation of theBlind has filed a Contempt Case in the matter. The Hon'ble High Court has desired that since the Hon'ble Supreme Court has not stayed the operation of the order, it should be implemented. Without prejudice to the outcome of the order of the Hon'ble Supreme Court, the undersigned is directed to say that all the establishments may implement the order of the Hon 'ble High Court of Delhi. It may be pointed out that this Department (Respondent No.1), without prejudice to the outcome of the order of the Hon 'ble Supreme Court, has already constituted a Committee on 23.3.2009 to workout the backlog on the basis of the judgment of the Hon'ble High Court and is in the process of modifying the OM No. 36035/3/2004-Estt.(Res.) dated 29.12.2005 regarding reservation for persons with disabilities.
3. All the Ministries/Departments etc. are requested to bring the contents of this OM to the notice of all concerned.
(K.G. Verma)
Director
No.2/23/2008-Estt.(Pay II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training *********
NewDelhi, the 28th May,2009.
OFFICE MEMORANDUM
Subject:- Revision of the rates of Deputation (Duty) Allowance/payfixation on appointment on the personal Staff of Ministers - regarding.
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Consequent upon the implementation of the recommendations of thesixth Central Pay Commission, the President is pleased to decide that in supersessionof all earlier orders on the subject, the pay of employees who are appointed on the personal staff of Ministers will be regulated in the following manner: -
I. OFFICERS OF CENTRAL GOVERNMENT/AUTONOMOUS BODIES APPOINTED ON THE PERSONAL STAFF OF MINISTERS:
(i) When officers of the Central Government/Autonomous Bodies holding posts at lower levels or those who are not cleared for appointments at levels at which the post in the Personal Staff of Minister exists are appointed to higher posts, in addition to their basic pay, they may be allowed Deputation (Duty) Allowance at the rate of 15% of the basic pay subject to a maximum of Rs. 4000 per month.
(ii) As regards officers who go on deputation to equivalent and/or analogous posts on the Personal Staff of the Ministers, in addition to their basic pay, they may be allowed Deputation (Duty) Allowance in accordance with this Department's O.M. No. 2/22 (B)/2008-Estt. (Pay-II) dated 3rd September 2008 on the subject of "Grant of Deputation (Duty) Allowance - Recommendations of the Sixth Central Pay Commission".
(iii) In the case of officers of All-India Services and Organized Group 'A' Services who are appointed on the Personal Staff of Ministers under the Central Staffing Scheme, they may be allowed Central Secretariat (Deputation on Tenure) Allowance in accordance with this Department's O.M. No. 2/22(A)/2008-Estt. (Pay II) dated 3rd September, 2008 on the SUbject of revision of the rates of Central Secretariat (Deputation on Tenure) Allowance and Special Pay applicable etc. in the case of organized Group 'A' officers; and as per the provisions of relevant Pay Rules in the case of All-India Services officers.
II. OFFICERS FROM THE STATE GOVERNMENT/PUBLIC SECTOR UNDERTAKINGS APPOINTED ON THE PERSONAL STAFF OF MINISTERS:
In the case of officers from State Governments/Public Sector Undertakings, their terms of appointment may be governed by the orders contained in this Department's O.M. No. 2/29/91 - Estt. (Pay II) dated 5th January 1994. The rate of Deputation (Duty) Allowance payable in their case will be in accordance with this Department's O.M. No. 2/22(B)/200-Estt. (Pay-II) dated 3rd September 2008 on the subject of "Grant of Deputation (Duty) Allowance - Recommendations of the Sixth pay Commission".
III. OFFICERS FROM PRIVATE SECTOR APPOINTED ON THE PERSONAL STAFF OF MINISTERS:
In the case of officers from Private Sector appointed on the Personal Staff of the Minister, they may be granted the grade pay corresponding to the post in which they are appointed and their pay in the pay band may normally be fixed at the entry level pay prescribed for their grade pay vide Section II, Part A of First Schedule to the CSS (RP) Rules, 2008. However, where it is proposed to fix their pay by granting advance increment(s), the approval of this Department will have to be obtained.
2.Basic pay in the revised pay structure means the pay drawn in the prescribed pay band plus the applicable grade pay but does not include any other type of pay like special pay, etc.
3. These orders shall come into effect w.e.f. 1.9.2008.
4. Insofar as persons serving in the Indian Audit & Account Department are concerned, these orders issue after consultation with the Comptroller & Auditor General of India.
5. Hindi version will follow.
(Rita Mathur)
Director
CABINET APPROVES 8% HIKE IN DEARNESS ALLOWANCE FOR CG EMPLOYEES
