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Modified Assured Career Progression Scheme for the central Government civilian employees – Clarification regarding.



No.35034/3/2010-Estt (D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare
Establishment(D)



North Block, New Delhi
Dated: 3rdAugust, 2010



OFFICE MEMORANDUM



Subject: Modified Assured Career Progression Scheme for the central Government civilian employees – Clarification regarding.

The undersigned is directed to invite reference to the Department of Personnel & Training (DOP&T)’s Office Memorandum of even number dated the 19th May, 2009 on thee subject cited above. Consequent upon introduction of the Modified Assured Career Progression Scheme (MACPS), in view of para 14 of the Annexure-l of the Scheme, a number of proposals/references seeking extension of the Scheme to Central Autonomous / Statutory Bodies under various Ministries/Departments have been received by the Department of Expenditure. The Department of Expenditure has felt that keeping the large number of Central Autonomous/Statutory Bodies in view, it would be appropriate to delegate the power the approving such proposals to the administrative Ministries / Departments concerned. The Department of Expenditure has accordingly approved for extending the benefits of the MACPS to the Central Autonomous/Statutory Bodies under various Ministries/Departments subject to them satisfying the following four conditions:

(i) The earlier ACP Scheme was also implemented/adopted by the said Autonomous/Statutory Body.

(ii) The proposal to adopt MACP Scheme has been approved by the Governing Body/Board of Directors.

(iii) The Administrative Ministry/Financial Adviser of the Ministry has concurred with the proposal.

(iv) The financial implications of adoption of MACP Scheme have been taken into account by the Organisation/Body and the additional financial implications can be met by it within the existing Budget Grants.

2. As per the revised arrangement, the proposal shall be processed by the Financial Advisor concerned in the first instance and subject to it meeting the requirements spelt out at (i)(ii) and (iv) above, he would obtain the orders of the administrative Head/Secretary concerned for approving the extension of MACPS to such a body.

3. Above is brought to the notice of all concerned Ministry/Department in continuation of para 14 of Annexure-1 of MACPS dated 19.05.2009.

4. Hindi version will follow.



(A.K. Srivasatava)
Under Secretary to the Government of lndia



Source: www.persmin.gov.in

Delinking seniority from confirmation



Delinking seniority from confirmation.

The seniority of Government servants is determined in accordance with the general principles of seniority contained in MHA OM No. 9/11/55-RPS dated 22.2.59 (copy enclosed). One of the basic principles enunciated in the said OM is that seniority follows confirmation and consequently permanent officers in each grade shall rank senior to those who are officiating in that grade.

2. This principle has been coming under judicial scrutiny in a number of cases in the past, the last important judgement being the one delivered by the Supreme court on 2.5.90 (JT-1990(2) SO-264) in the case of Class II Direct Recruits Engineering Officers Association VS. State of Maharashtra. In para 47 (A) of the said judgement the Supreme Court has held that once an incumbent is appointed to a post according to rule, his seniority has to the counted from the date of his appointment and not according to the date of his confirmation.

3. The general principle of seniority mentioned above has been examined in the ‘light of the judicial pronouncement referred to above and it has been decided that seniority may be delinked from confirmation as per the directive of the Supreme Court in para 47 (A) of ‘ Is judgement dated 2.5.90. Accordingly in modification of the general principle 3, proviso to general principle 4 and proviso to general principle 5(i) contained in MHA (now DOPT) O.M. No.9/11/55-RPS dated 22.12.59 and para 2.3. of this Department O.M. dt. 3.7.86 (copy enclosed) it has been decided that seniority of a person regularly appointed to a post according to rule would be determined by the order of merit indicated at the time of initial appointment and not according to the date of his confirmation.

4. These orders shall take effect from the date of issue of this office Memorandum. Seniority already determined according to the existing principles on the date of issue of these orders will not be reopened even if in some cases seniority has already been challenged or is in dispute and it will continue to he determined on th basis of the principles already existing prior to the date of issue of these orders.

5. All Ministries/ Departments etc. are requested to bring these instructions to the notice of all concerned for guidance and compliance.

Simplification of confirmation procedure – Deli king of confirmation from the availability of permanent posts



Simplification of confirmation procedure – Deli king of confirmation from the availability of permanent posts.

The undersigned is directed to say that in the existing system. The prerequisite for confirmation is the availability of a permanent post on which no other Government servant holds a lien. With a view to finding a permanent post to confirm a Government employee a periodic exercise is taken up to identify vacant permanent posts along with exact date from which these are available. The availability of a permanent post depends upon th factors such as retirement/resignation of a permanent Government employee, confirmation of a Government servant in a higher post, conversion of temporary posts into permanent ones, etc. Further, according to the present procedure, confirmation is not a one-time event in the career of a Government employee. He has to be successively confirmed in each and every post or grade to which he is promoted subject to the availability of a permanent post in each grade.

2. Thus, the exercise of identification of permanent vacant posts as well as convening of meetings of DPCs to consider the confirmation of employees against them ha become a time-consuming and complicated procedure which has to be gone through under the existing rules before permanent status is conferred upon a Government employee. The delays and complexities involved in complying with the procedural requirements of confirmation often result in a situation where an employee continues to officiate in successive higher grades for years together while he is confirmed only in the grade the entered the service.

3. A Task Force (set up in 1976 vide Ministry of Finance Order No. F. 1(5)/75-Spl. Cell dated 5.1.1976) went into the entire question of confirmation with a view to bring about some simplifications. Their main recommendations were:-

Confirmation of Government employees should be delinked from the availability of permanent vacant posts; and There should be only one confirmation in the career of a Government servant instead of multiple confirmations against successive posts/grades. These recommendations were then considered in consultation with UPSC etc. but the case was not pursued as in the meantime orders were issued allowing pension to temporary employees superananuating after 20 years of service. In the context of the drive for simplification of rules and procedures, undertaken sometime back, the proposal was revived. It has now been decided to delink confirmation from the availability of a permanent vacant post and to have confirmation as one-time event in the career of a Government servant.

4. Pursuant to the above decision, a review of all the existing rules and instructions has been made and the revised procedure to be followed in respect of various matters such as probation, confirmation, seniority, lien, temporary service rules, etc. is indicated below:

4.1 CONFIRMATION:

(A) General
(i) Confirmation will be made only once in the service of an official which will be in the entry grade.
(ii) Confirmation is delinked from the availability of permanent vacancy in the grade. In other words an officer who has successfully completed the probation may be considered for confirmation.


(B) Confirmation in the grade to which initially recruited: (i) As at present, the appointee should satisfactorily complete the probation. (ii) The case will be placed before the DPC (for confirmation). (iii) A specific Order of confirmation will be issued which the case is cleared from all angles.

(C ) On Promotion:

(i) If the recruitment rules do not prescribe any probation an officer promoted on regular basis after following the prescribed DPC etc, procedure) will have all the benefits that a person confirmed in that grade would have. (ii) Where probation is prescribed, the apponting authority will on completion of the prescribed period of probation assess the work and conduct of the officer himself and in case the conculsion is that the officer is fit to higher grade, he will pass an order declaring that the person concerned has successfully completed the probation. If, the appointing authority consider that the work of the officer has not been satisfactory or needs to be watched for some more time, he may revert him to the post or grade from which he was promoted, or extend the period of probation as the case may be.
Since there will be no confirmation on promotion before an official is declared to have completed the probation satisfactorily, a rigorous screening of his performance should be made and there should be no hesitation to revert a person to the post or grade from which he was promoted if the work of the officer during probation has not been satisfactory.

4.2 CCS (TEMPORARY SERVICE) RULES:

(i) As no officer otherwise eligible will have to wait for confirmation pending availability of a permanent vacancy, the need for following the existing procedure for declaring a person quasi-permanent ceases to exist. Accordingly, the provisions relating to the quasi-permanency in the CCS (Temporary Service) Rules will be deleted.
(ii) As there will still be situations where appointments are made against posts/establishments which are created for definite and purely temporary periods e.g. Committees/Commissions of Enquiry, organizations created for meeting a particular emergency which is not expected to last for more than a few years, posts created for projects for specified periods, the remaining provisions of the Temporary Service Rules will continue to be in force.

4.3 LIEN

The concept of lien as the title of a Govt. servant to hold substantively a permanent post will undergo a change; Lien will now represent only the right/title of a Govt. servant to hold a regular post, whether permanent or temporary, either immediately or on the termination of the periods of absence. The benefits of having a lien in a grade will thus be enjoyed by all officers who are confirmed in the grade of entry or who have been promoted to a higher post declared as having completed the probation where it is prescribed, or those who have been promoted on regular basis to a higher post where no probation is prescribed under the Rules, as the case may be.

The above right/title will, however , be subject to the condition that the junior most person in the grade will be liable to be reverted to the lower grade if at any time the number of persons so entitled is more than the posts available in that grade. For example, if a person who is confirmed or whose probation in a higher post has been declared as having been completed or one who is holding a higher post for which there is no probation on a regular basis, reverts from deputation or foreign service and if there is no vacancy in that grade to accommodate him, the junior most person will be reverted. If, however, this officer himself is the junior most, he will be reverted to the next lower grade from which he was earlier promoted.

4.4 PENSION

Since all the persons who complete probation in the first appointment will be declared as permanent, the present distinction between permanent and temporary employees for grant of pension and other pensionary benefits will cease to exist.

4.5 RESERVATION FOR SC/ST

As a result of introduction of confirmation only at the entry stage and the delinking of confirmation from the availability of permanent posts, the need for reservation at the time of confirmation in posts and services filled by Direct Recruitment as per the existing instructions will cease to exist as everyone who is eligible for confirmation will be confirmed.

4.6 SENIORITY

According to para 2.3 of the consolidated orders of seniority issued vide this Department’s OM No. 22011/7/86-Estt (D) dated 3.7.86 where persons are confirmed in an order different from the order of merit indicated at the time of their recruitment or promotion, seniority shall follow the order of confirmation and not the original order of merit. Since there is confirmation in the entry grade, seniority will continue to be determined on the basis of confirmation in that grade.

5. The existing instructions/Rules in respect of the aspects intentioned above stand modified to the extent indicated in the preceding paragraphs. As regards rules relating to pension. Temproary Service, Lion, etc. suitable amendments will be notified separately.

6.1 The revised procedures relating to confirmation outlined above will not apply to the cases of appointments made on adhoc basis, i.e., it is only the appointments made on regular basis which will come within the purview of these instructions.

6.2 Sometimes Establishments are created for a specific objective for a limited period, as in the case of Committees or Commissions to study or investigate a specific problem. Normally, posts in such Establishments are filled by deputation or contract basis, which would not result in regular incumbency. Even in a few cases, where regular appointments are made by framing the recruitment rules, appointments are made according to those rules, these instructions about confirmation would not apply. In other words, persons appointed against the posts in purely temporary organisations are outside the purview of the revised procedure outlined in this office Memorandum.

7. These instructions will come into force with effect from 1st April 1988.

8. When the new procedure detailed in this OM comes into effect the administrative work involved in confirmation of officials in all Government offices every year will be eliminated. This would result in reduction of work load of various Ministries and Departments. All the Ministries and Departments are requested to review the position and intimate by 31st October, 1988 details of reduction of staff effected as a result of the rationalization for reporting the matter to the Cabinet.

9. All the Ministries/Departments are requested to bring the above position to the notice of all concerned, including those in the Attached and Subordinate Offices for guidance.

Subject: Probation in the case of direct recruits appointed to posts where upper age limit is 35 years and above.

The undersigned in directed to say that para 3(ii) of this Department’s O.M.N. 21011/2/BO-Estt(C) dated 19th May, 1983 provides, inter alia that direct recruits to posts for which the age of entry is 35 years or above-and where no training is involved, shall be on probation for a period of one year only. A question has been raised whether this provision which will be applicable to direct recruits to paste for / the maximum age limit for recruitment is 35 years or above. It is hereby clarified that the period of probation in the case of direct recruits to posts for which the maximum age limit for recruitment is 35 years or above will be one year only, if no training is involved. If, however, the probation includes “on the job” or “institutional training” the period of probation shall be two years. This position has already been brought out in para 3.11.2 of the guidelines on framing/amendment/relaxation of Recruitment Rules issued under this Department’s OM No.AB 14017/12/87-Estt (RR) dated 18.3.88. In visa of this, the expression “age of entry” occurring in para 3(ii) of this Department’s OM dated 19th May, 1983 referred to above, may be substituted by the expression “maximum age limit for recruitment”.

2. The Ministry of Finance etc. are requested that the above clarification may be brought to the notice of all concerned.

DNA profiling of Army personnel to begin soon



DNA profiling of Army personnel to begin soon

The Indian Army will start DNA profiling of its soldiers this year for their identification in case of mutilation of bodies during an operation, attack or mishap.

"We will begin DNA profiling of soldiers from this year as the profiling centre and data bank are almost ready," Lieutenant General Naresh Kumar, Commandant of Army Hospital Research and Referral, a news agency.

Being set up at the Department of Forensic Medicine in Armed Forces Medical College, Pune, the centre will collect the blood samples of the troops who are involved in hazardous tasks including fighting militancy and store them in a DNA data bank.

The DNA profiling centre is being established to help in identification of bodies mutilated beyond recognition.

"Now that this centre and DNA data bank are almost ready to take off, we will be able to easily recognise the mutilated dead bodies that we get during war time, from an episode of avalanches or from blast sites.”

"In such situations, we sometimes end up getting just a body part making it difficult for us to identify the jawan we lost and even to conclude the number of casualties that have occurred in such episodes," Major General Mandeep Singh, ADG, Medical Research, Armed Forces Medical Services, said.

"We are contemplating introducing the DNA profiling for our fresh recruits. But first we will try its efficacy with a sample population in Pune," Major General Singh said.

He said, "We lost many of our people in the Kashmir ammunition depot blast in 2007. Recognition of the bodies was a difficult task because the blast tore them apart. We got body pieces. If we had a data bank, recognising the dead would have been easier."

The need for DNA profiling was felt in the United States after the 9/11 attacks. With regard to the US military, all enlisted and commissioned military personnel must provide blood samples which are preserved on special blood spot cards that are then stored, as the modern 'dog tags', for use in the event of an individual being killed, injured or missing in action, according to a Harvard Medical College paper.

The blood spot cards provide a source of a reference DNA sample to be used in identification of "the unknown soldier", or as in the case of the 9/11 Pentagon attack, to return the remains of the victims to their families.

Source: DDI News

Retirement age fixation is Govt's sole discretion: SC



Retirement age fixation is Govt's sole discretion: SC

Age of superannuation can be reduced or increased unilaterally at the discretion of the Government and courts cannot interfere with such decisions, the Supreme Court has ruled.

A three judge bench of Justices - J M Panchal, Deepak Verma and B Chauhan in a judgement quashed the interim orders of the Allahabad High Court which had directed the Mayawati Government to restore 62 years as the age of superannuation for Government pleaders (advocates).

The apex court agreed with the Government's view that fixing the age falls within the exclusive competence of the State authorities,and thus,the court should not interfere in such policy decisions,unless it was patently unconstitutional.

Citing the Constitutional Bench judgements in the Bishun Narain Misra vs the State of Uttar Pradesh (1965) case, the apex court said reducing the age of retirement could neither be invalid nor could be held to be retrospective as the said rule was a method adopted to tide over the difficult situation which could arise in public services.

"It is evident that even in government services where the terms and conditions of service are governed by the statutory provisions, the Legislature is competent to enhance or reduce the age of superannuation".

"In view of the above, it is beyond our imaginations as why such a course is not permissible for the appellant - State while fixing the age of working of the District Government Advocates," the bench observed.

In the instant case the High Court had stayed the operation of amended provisions of the U.P. Legal Remembrancer Manual (L R Manual) which sought to reduce the retirement age from 62 to 60 years.

It had further directed the State Government to consider the applications for renewal of the all District Government Counsel whose term had already expired, resorting to the unamended provisions of the L.R. Manual and they be allowed to serve till they attain the age upto 62 years.

The High Court under no circumstance could direct the State authorities to consider the cases for renewal/extension under the provisions of the unamended L.R. i.e. non-existing provisions.

Such interim order tantamounts to legislation by judicial orders,"Justice Chauhan writing the judgement observed. The apex court also recalled its earlier ruling in the Roshan Lal Tandon v. Union of India & Ors(1967)that emoluments of Government servants and terms of service".

"could be altered by the employer unilaterally for the reason that conditions of service are governed by statutory rules which can be unilaterally altered by the Government without the consent of the employee."

Source : DDI News

Early PF withdrawal won't be easy



Early PF withdrawal won't be easy

NEW DELHI: Withdrawing the provident fund balance each time you switch jobs could soon become a thing of the past if the country's apex retirement fund has its way.

The Employees' Provident Fund Organisation (EPFO) has urged the government to bar workers from pulling out their PF balances on changing jobs.

"Every six months to a year you change your job and withdraw your PF. That makes us more like a bank," said Central PF Commissioner Samirendra Chatterjee.

"The PF account should serve its purpose of social security — having a Rs 15,000 balance at retirement is ridiculous," Chatterjee said. "It's in the larger interest of workers to bar withdrawals," he said.

EPFO's call for change has been spurred by an alarming internal study of this year's PF settlements at PF office in Karnal, Haryana . As many as 89% of the cases settled at the office, which

covers a blend of old and new economy industries, were those of workers withdrawing PF balance after resigning from a job. Just 0.8% workers opted to transfer their PF account to their new job.

The settlement amount for 82% of the workers pulling out their PF was less than Rs 30,000. Nearly 65% workers withdraw their retirement savings before the age of 35. Just 3% EPF members had continuous service of 10 years – a prerequisite to be eligible for pension benefits from EPFO.

The study inferred that 50% of claims are from people withdrawing their PF at the age of 31.33, after working for 2.7 years. They typically take home Rs 10,000, it said. "Sure, people need money, but they shouldn't consume all their savings at every opportunity," said Chatterjee.

Existing PF rules specify that an employee can withdraw his/her entire EPF contributions two months after leaving a job. However, there is a condition that the employee shouldn't start

working elsewhere in that period. If another job is taken up within two months, the EPF balance must be transferred to the worker's new PF account at his/her new workplace.

But these rules are impossible to implement as EPFO has no systems in place to prevent workers from getting new PF accounts with every job switch. Its accounting systems are archaic and operations are still being computerised incrementally.

Source: Economictimes

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