Wednesday, 5 December 2018

DoPT: The Fundamental Amendment Rules 2018 - Amendment in FR 22(I)(a)(1)


DoPT: The Fundamental Amendment Rules 2018 - Amendment in FR 22(I)(a)(1)
amendment-rules-dopt

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training) 

New Delhi, the 19th November, 2018 

G.S.R.370.- In exercise of the powers conferred by the proviso to article 309 and clause(5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Fundamental Rules. 1922, namely:-
1. (1) These rules maybe called the Fundamental (Amendment) Rules, 2018.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Fundamental Rules. 1922, in rule 22. in sub-rule (1), in clause (a). for sub-clause (I). the following sub-clause shall be substituted, namely:-

"(1) where a Government servant holding a post, other than a tenure post, in a substantive or temporary or officiating capacity is promoted or appointed in a substantive. temporary or officiating capacity, as the case may be, subject to the fulfillment of the eligibility conditions as prescribed in the relevant Recruitment Rules, to another post carrying duties and responsibilities of greater importance than those attaching to the post held by him, his initial pay in the time-scale shall be fixed by giving one increment in the level from which the Government servant is promoted and he or she shall be placed at a cell equal to the figure so arrived at in the level of the post to which promoted or appointed and if no such cell is available in the level to which promoted or appointed, he shall be placed at the next higher cell in that level.

Save in cases of appointment on deputation to an ex cadre post. or to a post on ad hoc basis or on direct recruitment basis, the Government servant shall have the option, to be exercised within one month from the date of promotion or appointment, as the case may be, to have the pay fixed under this rule from the date of such promotion or appointment or to have the pay fixed initially at the next higher cell in the level of the post to which he or she is promoted on regular basis and subsequently, on the date of accrual of next increment in the level of the post from which Government Servant is promoted, his pay shall be re-fixed and two increments (one accrued on account of annual Increment and the second accrued on account of promotion) shall be granted in the level from which the Government Servant is promoted and he or she shall be placed. at a cell equal to the figure so arrived, in the level of the post to which he or she is promoted; and if no such cell is available in the level to which he or she is promoted, he or she shall be placed at the next higher cell in that level.

In cases where an ad hoc promotion is followed by regular appointment without break, the option is admissible from the date of initial appointment or promotion. to he exercised within one month from the date of such regular appointment.

In cases where an officer has retired as ad hoc before being regularised to that post and later on has been assessed during the process of regularisation and found fit by the competent authority along with his or her juniors, who are still in service and are eligible to avail of the option facility from a date on which the retired employee was still in service, the same option facility shall also be extended to the retired employee, to be exercised within three months from the date when his or her junior became eligible to avail of option facility and in cases where such retired employee was
himself the junior most, he or she may exercise the option facility within three months from the date when his or her immediate senior became eligible to avail of option facility:

Provided that where a Government servant is immediately before his promotion or appointment on  regular basis to a higher post, drawing pay at the maximum of the level of the lower post, his initial pay in the level of the higher post shall be fixed at the cell equal to the figure so arrived at in the level of the post to which promoted or appointed by increasing his pay in respect of the lower post held by him on regular basis by an amount equal to the last increment in the level of the lower post and if no such cell is available in the level to which he is promoted or appointed, he shall be placed at the next higher cell in that level."

[F.No. 13/1/20 17-Estt.(Pay-I)]
RAJEEV BAHREE, Under Secy.

Note: The Fundamental Rules came into force from 1st January, 1922 and these rules were amended earlier as per  details below:-
1. Ministry of Finance Notification No.2(9)-E.III/61 dated 01.02.1963;
2. Ministry of Finance Notification No.1(1 )-E.III(A)/65 dated 20.02.1965;
3. Ministry of Finance Notification No. l(25)-E.IlI(a)/64 dated 30.11.1965;
4. Ministry of Finance Notification No. F.1(25)-E.ITT(A)/64 dated 01.10.1966;
5. Ministry of Finance Notification No. I (3)-E.TTI(a)/64-Pt.1I dated 18.07.1967;
6. Ministry of Finance Notification No. I (6)-E.TII(A)/68 dated 26.04.1968;
7. Ministry of Finance Notification No. l(25)-E.IIJ(A)/64 dated 27.05.1970;
8. Ministry of Finance Notification No. 18(13)-E.IV(A)/70 dated 29.01.1971;
9. Ministry of Finance Notification No. l(9)-E.1II(A)/74 dated 30.10.1974;
10. Ministry of Home Affairs Notification No. l(6)-P.U.1179 dated 23.11.1979;
11. Department of Personnel and Administrative Reforms Notification No. F. I (8)-P.U.T/80 dated 29.01.1981;
12. Ministry of Home Affairs Notification No. l/9/79-Estt.(Pay-I) dated 06.10.1983;
13. Ministry of Home Affairs Notification No.1 3/5/84-Estt.(Pay-T) dated I 7.08.1984;
14. Department of Personnel and Training Notification No. I3/5/84-Estt.(Pay-I) dated 24.09.1985;
15. Department of Personnel and Training Notification No. Il/I /85-Estt.(Pay-t) dated 24.04.1986; and
16. Department of Personnel and Training Notification No. I / I 0/89-Estt.(Pay-I) dated 30.08.1989.


Source: DoPT

Disciplinary Authority for 'B' and 'C' Group - INDWF

Disciplinary Authority for 'B' and 'C' Group - INDWF

Disciplinary authority in respect of Group 'B' and 'C' post in Ordnance Factories

INTUC
INDIAN NATINOAL DEFENCE WORKERS FEDERATION
R.Srinivasan
General Secretary
INDWF/Circular/028/2018 Date:04.12.2018
To
ALL Affiliated unions of INDWF
Ordnance and Ordnance Equipment factories

Sub: Amendment in Part-V of schedule to CCS (CCA) Rules 1965-Appointing Authority Disciplinary Authority in respect of Group B and C post in the Ordnance Factories and Other units under OFB-reg

Ref:1. MoD(D-Estt) (NG)Id No.50(23)/2013D(EStt)NG Dated 29.11.2018
2.OFB letter No.3977/BM/Per/DISC Dated 03.11.2018

Dear Colleagues,
After 6th CPC,the employees who are granted Rs.4200/- Grade Pay have been classified as Group 'B' Industrial and Non-Gazetted by DOP&T. Though these categories of employees have been appointed by the Sr. General Managers/General Managers of Heads of the establishments but disciplinary powers in respect of Group 'B' and 'C' Civil posts have been authorised to Chairman OFB.

The issue of delegation of powers to Sr.GM/GM of the respective factoris was discussed in JCM III and the same was taken up by OFB to MoD and DOP&T. Now it has been approved by amending the Part V schedule to CCS(CCA) Rules 1995 delegating the powers to the appointing authority in respect of dealing the disciplinary cases of Group 'B' Non-gazetted and Non-Industrial and Industrial employees drawing the Grade pay of Rs.4200/- and below. In respect of Group 'B' Gazetted officials will be concerned by ADCOF.

This is submitted for information of all the unions.
Yours Sincerely,
sd/-
(R.SRINIVASAN)
General Secretary
Source: INDWF

7th CPC Central Government has rejected the main demand for higher Military Service Pay for Junior Commissioned Officers


7th CPC Central Government has rejected the main demand for higher Military Service Pay for Junior Commissioned Officers.

7th CPC Military Service Pay (MSP)

Govt Rejects Main Demand

7th CPC Military Service Pay (MSP) - Govt Rejects Main Demand

Central Government has rejected the main demand for higher Military Service Pay for Junior Commissioned Officers.

As per the media news today, the Army Headquarters was very upset over the decision of the Finace Ministry. Around 1.12 lakh military personnel including 87,646 Junior Commissioned Officers and 25,434 personnel of equivalent rank from the Navy and the India Air Force will be impacted by the decision.

The Defence Force Personnel, particularly the JCOs in Army, demanded to increase the MSP from Rs.5500 to Rs.10000. Earlier the 7th Central Pay Commission has recommended MSP Rs.5200 to JCOs.(Table shown the rates of MSP recommended by 7th CPC)

7th Central Pay Commission has applied a common multiplication factor of 2.57 on MSP of JCOs and ORs. As per methodology, the MSP has been raised to Rs.5200 pm from Rs.2000 pm.
The long pending demand on MSP that the commission forgot to consider that both JOCs and Equivalents are also Group 'B' Officers.

Whereas, the Group 'B' officers in Military Nursing Service, MSP had been fixed Rs.10800 pm. All JCOs and ORs (Combatants) demanded to raise the MSP to Rs.10000 pm at par with MNS Officers.
The 7th CPC recommended the rates of MSP was as follows:

DesignationExisting Rate of MSPRecommended by 7th CPC
Service Officers600015500
Nursing Officers420010800
JCO / ORs20005200
Non Combatants (Enrolled) in the Air Force10003600

MSP will continue to be reckoned as Basic Pay for purposes of Dearness Allowance, as also in the computation of pension. Military Service Pay will however not be counted for purposes of House Rent Allowance, Composite Transfer Grant and Annual Increment.

The Military Service Pay, which is a compensation for the various aspects e.g., intangibles linked to special conditions of service, conducting full spectrum operation including force projection outside India's boundaries, superannuation at a younger age and for the edge historically enjoyed by the Defence Forces over the civilian scales, will be admissible to the Defence forces personnel only.

Brief of the meeting held today with the Member Staff, Railway Board, to discuss the important issues raised by AIRF with the Railway Board


Trackmen structure, Running Allowance, LARSGESS, Bonus, Post upgradation etc.: Issues discussed in the meeting held on 4th Dec 18 with Member Staff/Railway Board.

A meeting was held today with the Member Staff, Railway Board, to discuss the vital issues raised by AIRF with the Railway Board, wherein the following deliberations took place.

A.I.R.F.
All India Railwaymen's Federation
No.AIRF/24(C)
Dated: December 4, 2018
The General Secretaries,
All Affiliated Unions,

Dear Comrades,
Sub: Brief of the meeting held today with the Member Staff, Railway Board, to discuss the important issues raised by AIRF with the Railway Board

A meeting was held today with the Member Staff, Railway Board, to discuss the vital issues raised by AIRF with the Railway Board, wherein the following deliberations took place:-

Implementation of four grade structure, in the ratio of 10:20:20:50, in the case of Trackmen/ Track Maintainers - Member Staff informed that, four grade structure, in the ratio of 10:20:20:50, is approved by the Full Board, and the file was put-up to Hon'ble MR for his approval. Hon'ble MR wanted certain clarifications from the Engineering Directorate, and the same was submitted by the said Directorate. This will be finalized after arrival of Hon'ble MR who is busy in the state elections.
Revision of the rates of Running Allowance and other Allowances related to Running Staff - After lengthy discussions; the Member Staff informed that, the file is put-up to Hon'ble MR for his approval, and after his approval, the file would be sent to the MoF. The Member Staff further informed that, the matter is vigorously pursued by him with the MoF.

Continuance of the LARSGESS - The Official Side informed that, after consultation with the Solicitor General, original scheme would be implemented after submitting it to the court. The court has given time for submitting the final result.

Advancement of prospects of the staff working in erstwhile GP Rs.1800 and GP Rs.4600 - After prolonged discussion, the Member Staff agreed that, there is stagnation of the staff working in erstwhile GP Rs.1800. Federation (AIRF) pointed out that, due to various surrenders in Grade III Technicians as well as other cadres, the present incumbents working in erstwhile GP Rs.1800 are not getting promotions. Due to direct recruitment in GP Rs.4600, people are not having any promotional prospects as there are no grades in GP Rs.4800 and GP Rs.5400. Federation(AIRF) wanted that, as was done on previous occasion, 50% of Direct Recruitment vacancies should be thrown open for promotion for the staff working in erstwhile GP Rs.1800, and also GP Rs.4800 and GP Rs.5400 SSEs and Sr. Supervisors should be made Gazetted.

Non-revision of rates of Incentive Bonus/Bonus Factor and PCO Allowance paid to Technical Staff and Supervisors of the PUs and Maintenance Workshops - The Committee appointed by the Railway Board is expected to submit its report within a month's time, and then only; the item will be finalized.
Upgradation of the Apex level of Group 'C' to Group 'B' - AIRF insisted that, powers are vested with the Railway Board to grant upgradation for the apex grade Supervisors to Group 'B'. This was also confirmed by the Finance Secretary(Exp.) on the previous occasion, and the minutes of the said meeting given to the Railway Board. In spite of that, the matter is dragged by the Railway Board by sending proposal to the MoF. The Federation(AIRF) insisted that, decision should be taken at the Railway Board level itself. Member Staff directed the AM(S) to put-up all the particulars, including minutes of the Cabinet Secretary, for taking a decision. The Federation(AIRF) insisted that, as per the Act and Codal Provisions as well as Business Rules, the powers are vested in the Railway Ministry and they should not run to the DoP&T and MoF.

Regularization of the Act Apprentices in Railways - AIRF demanded that, all the Act Apprentices imparted training in the Railways should be absorbed in the Railways. It was explained to the Member Staff that the orders were available previously, but unfortunately, Board have issued orders and implemented the orders with back date, depriving the Act Apprentices from the absorption in the Railways. The Federation demanded that, new Apprentices Act, passed by the Parliament, has given full powers to decide procedure for absorption of these Act Apprentices. Federation demanded that, Screening Type system should be adopted for absorption of the Act Apprentices. Member Staff agreed to study the problem after finalization of the present RRC examination.

It is worth-mentioning here that, there will also be another round of discussions with the Member Staff, Railway Board, tomorrow, i.e. on 5th December, 2018, and the outcome of the said meeting shall also be communicated to all of you.
With Fraternal Greetings,
Yours faithfully,
(Shiva Gopal Mishra)
General Secretary
Source: www.airfindia.org

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