Wednesday, 3 July 2019

Compulsory Retirement: FR 56 (j) Pension Rule 48 of CCS (Pension) Rules, 1972

Compulsory Retirement: FR 56 (j) Pension Rule 48 of CCS (Pension) Rules, 1972

Compulsory Retirement Pension

This is admissible to a Government servant who is retired
as a measure of penalty by the competent authority. The
amount of this Pension or Gratuity or both shall not be less than
two-third and not more than full compensation pension that could
be sanctioned to a Government servant on the date of such
retirement. Date of retirement is the date on which penalty
becomes effective. [Rule 40]

CCS FR 56(j) Rule is high sensitive for Central Government employees attained 50 and 55 years of age

HAND BOOK OF COMPULSORY RETIREMENT

The appropriate authority has the absolute right to retire, if it is necessary to do so in public interest, any Government employee as per provisions of Rules as under :-

FR 56 (j) Pension Rule 48 of CCS (Pension) Rules, 1972 


1 Category Group ‘A & B’officers: iii.Entered service before 35 years of age
iv.Attained 50 years of age Other cases:Attained 55 years of age 56
(e) a Govt. Servant in Group ‘C’ of post who is not governed by any Pension Rules, can also be retired after he has completed 30 years service.
All Government servants covered by CCS (Pension) Rules, 1972 who have completed 30 years of qualifying service.
2 Notice Period 3 months or
3 months pay and allowances in     lieu thereof


The cases of Government servant covered by FR 56(j) or Rule 48 of CCS (Pension) Rules, 1972 should be reviewed six months before he attains the age of 50/55 years or completes 30 years service, whichever occurs earlier in cases covered by FR 56(j) and 30 years of qualifying service under Rule 48 of CCS(Pension) Rules, 1972.

Time Schedule for review is as under:-

No. Quarter in which review is to be made  Cases of employees who will be attaining the age of 50/55 years or will be completing 30 years of service or 30 years of service qualifying for pension, as the case may be, in the quarter.
1. January to  March July to September of the same year
2. April to June October to December of the same year
3. July to September January to March of the next year
4. October to December April to June of the next year

A register of employees who are due to attain the age of 50/55 years or complete 30 years of service to be maintained. The register should be scrutinized at the beginning of every quarter by a senior officer in the Ministry / Department and the review undertaken according to the above schedule.

Note : Compulsory Retirement as a penalty under CCS (CCA) Rules, 1965 is distinct from the above provisions.

All India Service: A Member of All India Services can be compulsorily retired in terms of Rule 16(3) of AIS (DCRG) Rules, 1958. On completion of fifteen years or twenty five years of qualifying service or attains the age of fifty years on any date thereafter. Detailed procedure is indicated in the annexed copy of DoPT letter No.25013/02/2005-AIS.II dated 28.6.2012

Introduction of NPS oversight mechanism

Introduction of NPS oversight mechanism

No. 1(24)/EV/2016
Government of India
Ministry of Finance
Department of Expenditure

New Delhi, the 2nd July, 2019

Office Memorandum

Subject: Introduction of NPS oversight mechanism.

The undersigned is directed to say that the Committee, as set-up by Department of Financial Services in terms of their OM No. 1/3/2016-PR dt. 21.10.2016 under the Chairmanship of Secretary (Pension) and comprising Secretary, Department of Financial Services and Secretary (Department of Personnel and Training), had submitted its report on 28.2.2018, containing its recommendations for streamlining implementation of the National Pension System (NPS).

2. One of the recommendations contained in para 8.7.1 of its report relating to grievance redressal is as under:-

“Three-tiered NPS oversight mechanism of the DDO/Head of Office, Joint Secretary (Admin)/Chief Controller of Accounts and the Financial Advisor set up vide Department of Expenditure’s OM No.1(2)/EV/2008, dated 03.02.209 may be strengthened/streamlined to monitor grievances as well as timely registration and credit of contributions to subscribes’ accounts. Fresh instructions to this effect and for strict compliance of instructions may be issued by Department of Expenditure.”

3. In the OM of this Department No. 1(2)/EV/2008 dated 3.2.2009, it was provided, inter-alia, that Ministries/Departments may constitute a Committee headed by J5 (Admin) and Principal CCA/CCA to monitor registration/regular upload of data and transfer of NPS contributions in respect of Central Government employees to ensure that no delay therein occurs. Subsequently, in terms of instructions of this Department vide OM No. 1(5)/EV/2011 dated 10.7.2011 the Committee was broad-based to include the concerned Financial Advisors and the said instructions dt. 10.7.011 also provided, inter-alia, that the implementation of NPS, with its various attendant parameters, in each Central Ministry/Department, shall be a “key performance area” of the Financial Advisors.

4. The Department of Pension and Pensioners’ Welfare, which is the nodal Department in respect of pension related matters of Central Government employees, is separately in the process of framing statutory rules to regulate the matters of National Pension System in case of Central Government employees. These Rules would also cover the issue relating to timely credit of contributions of Central Government employees and the Central Government, as deducted from the salaries of the concerned Government employee, to NPS architecture.

5. However, since timely credit of deduction made from the salary of Central Government employees towards their contribution to NP5, as also the applicable contribution of the Central Government, to the NP5 financial architecture is of paramount importance for availability of due and timely returns thereon towards generation of pension corpus, it has been decided that a Committee in each Ministry/Department shall be constituted as under to ensure oversight over the NPS contributions crediting:-

(i) Financial Advisor – Head of the Committee
(ii) Joint Secretary (Administration)
(iii) Principal CCA/CCA
(iv) The concerned Head of the office
(v) The concerned DDO

6. The Committee shall be responsible for the following actions:-

(i) Ensuring that the contribution of employees and the Government are credited without delay to the NPS financial architecture both in case of existing employees and employees newly recruited from time to time and the existing system and procedure being followed for the purpose shall be monitored effectively to ensure that no delay in credit of the contributions takes place.

(ii) Ensuring that in case any grievance by any employee is received in regard to delay in credit of contribution, either directly from the employee or through PFIZDA, the same has been looked into and disposed of in a manner to the satisfaction of the concerned employee.

(iii) Any other matter as having a bearing on the issue of crediting/remittance
of NPS contributions.

(iv) The Committee shall devise its own mechanism as also appropriate checks & balances to ensure that NP5 contributions are credited on time in respect of all employees under NPS system.

(v) The Committee shall meet at least once in 3 months to review the progress and in case any slippages are noticed, it shall take immediate corrective action. However, the concerned Principal CCAI CCA shall keep a watch over the progress on a regular basis.

7. While the above Committee shall be set-up in each Ministry/Department, appropriate mechanism for keeping a watch in respect of attached and subordinate offices under that Ministry/Department shall be put in place by the concerned Financial Advisor, so that the overall oversight in respect of the entire Ministry/Department as a whole is exercised by the Committee as mentioned in para 5 above.

8. The concerned Financial Advisor shall send a status report every six month to the Department of Pension and Pensioners’ Welfare about the result of the monitoring carried out through the above oversight mechanism with concluding remarks whether the NPS contributions are being credited on time and in case of any slippages, the details of the action taken.

(Amor Nath Singh)
Director

Department of Posts: Implementing the recommendations of Social Security Benefits for Gramin Dak Sevas

Department of Posts: Implementing the recommendations of Social Security Benefits for Gramin Dak Sevas

No. 17-31/2016-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)

Dak Bhawan, Sansad Marg,
New Delhi – 110001
Dated: 01.07.2019

Office Memorandum

Subject : Implementation of recommendations of GDS Committee on Social Security Benefits for Gramin Dak Sevaks (GDS).

The undersigned is directed to refer to this Directorate 0.M of even number dated 27.06.2018, wherein approval of Competent Authority on the above noted subject was conveyed.

2. The Competent Authority has now approved the following modification in payment of Severance Amount and GDS Gratuity with effect from 01.01.2016 instead of 01.07.2018 as mentioned below:-

(I)      GDS Gratuity ( erstwhile Ex-gratia Gratuity):

Existing Benefits: The nomenclature of Ex- gratia Gratuity is changed as ‘GDS  Gratuity’ Continuance of the existing formula for grant of Ex-gratia Gratuity subject to a maximum of Rupees One lakh fifty thousand ( Rs 1,50,000/-) .

Revised Benefits: No change in nomenclature and other conditions mentioned in Department of Posts OM of even number dated 27.06.2018.Revised rate of GDS Gratuity (i.e. Maximum ceilingRs 150000* shall be paid w.e.f01.01.2016 instead of01.07.2018.

(II) Severance Amount

Existing Benefits: The Severance Amount shall be paid at the rate of24,000/- for every completed year from01.01.2016.Maximum ceiling on Severance Amount shall be Rupees One lakh fifty thousand ( Rs 1,50,000/ -) .

Severance Amount would be applicable only in case of those GDS who have opted to remain with Severance Amount andhave not shifted to Service Discharge Benefit Scheme(SDBS), and has completed 10 years of continuous service ..

Revised Benefits: No change in nomenclature and other conditions mentioned in Department of Posts OM of even number dated 27.06.2018.The Severance Amount shall be paid at the rate of Rs. 4000/- for every completed year of engagement w.e.f01.01.2016.**

Revised rate of Severance Amount (i.e. Maximum Ceiling of  Rs 150000/-) shall be paid w.e.f  01.01.2016 instead of 01.07.2018.

* Difference Amount of GDS Gratuity (i.e Z.150000/ – Z.60000/-)= @ Z 90,000/-shall be paid to those GDS who were discharged between 01.01.2016 to 30.06.2018, as they have been paid old. rate of GDS Ex-Gratia Gratuity i.e @ Z 60,000/-.

** Difference Amount. of Severance Amount (i.e Z 4000 – Z15000= @ 2500/- for every completed year of engagement we.f. 01.01.2016 shall be paid to those GDS who were discharged between 01.01.2016 to 30.06.2018, as they have been paid old rate of Severance Amount i.e @ Z. 1500/- for every completed year of engagement we.f. 01.01.2016 subject to a maximum Ceiling of Z 1,50,000l

3. All other existing eligibility conditions for the aforesaid schemes have undergone no change and will be applicable to all GDSs

4. This issues in consultation with Ministry of Finance, Department of Expenditure vide their ID Note No. 3(1)/E-V/2018 dated 05.04.2018 and AS &FA Diary No 37/2019-FA-CS Dated 01.07.2019.

5. Hindi version will follow.

( SB Vyavahare )
Assistant Director General ( GDS/PCC )
Tele No . 011-23096629
Email-adggds@indiapost gov.in

Department of Posts Recruitment Rules for Postman & Mail Guard (Group ‘C’), 2018

Department of Posts Recruitment Rules for Postman & Mail Guard (Group ‘C’), 2018

F.No. 03-03/2019-SPN-I
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi – 110001
June 19, 2019

To,
1) All Chief Postmasters General/ Postmasters General
2) Chief General Manager, BD Directorate/ Parcel Directorate/ PLI Directorate
3) Director, RAKNPA I GM, CEPT I Directors of all PTCs
4) Addl. Director General, Army Postal Service, New Delhi

Subject: – Clarification on Department of Posts Postman and Mail Guard (Group ‘C’) Recruitment Rules, 2018.

Madam / Sir,

I am directed to refer to Department of Posts Postman and Mail Guard (Group ‘C’) Recruitment Rules (RRs), 2018 notified on 20.09.2018 which superseded Department of Posts (Postman and Mail Guard) Recruitment Rules, 2010. In this regard, a few Circles have sought clarification on certain points, which are clarified as under:-

(I) Circle/ Issue: Andhra Pradesh, Haryana, Karnataka: Whether the educational and other qualifications (Knowledge of computer Language and possessing valid driving license of two-wheeler) required for direct recruits detailed in column 7 of RRs of Postman/Mail Guard is applicable for GDS candidates (direct recruitment).
Andhra Pradesh: Whether the candidates having two wheeler license only should be allowed for examination/ selection OR can license be obtained afterwards.

Clarification: Provisions of Column 7 of Postman/ Mail Guard RRs have been relaxed for existing GDS (who have been engaged prior to notification of new RRs) as per letter no. 03-02/2019-SPN-I dated 26.03.2019. Following relaxations have been provided to the GDS candidates:

a) GDS with 10th standard pass shall be allowed to appear in the competitive examination, if otherwise found fit;

b) GDS without license to drive two wheeler or light motor vehicle shall also be allowed to appear in the competitive examination. However, a candidate not having valid driving license at the time of appointment shall not earn periodical increment in pay till production of such license or for a period of five years from the date of appointment whichever is earlier and after production of such license or expiry of such five years period, pay shall be restored prospectively to the level pay would have reached had the periodical increment in pay was not withheld and no arrears of pay shall be paid for the intervening period.

(II) Andhra Pradesh: Procedure to be followed for testing the knowledge of computer.

Clarification: Syllabus and pattern of LDCE examination has been revised as per Directorate’s letter no. 17-08/2018- SPB-I dated 10.05.2019.

(III) Andhra Pradesh: Keeping m view, work involved and time sensitivity for conducting separate examinations for filling the vacancies of Postman / Mailguard among both MTS and GDS, whether a common examination may be conducted for filling the postman / mailguard vacancies by both MTS and GDS.

Clarification: A common examination may be held across the Circle for filling up of vacancies of Postman/ Mailguard from both MTS and GDS.

Seeking Option from Candidate at the time of inviting application for appearing in examination, candidates may be asked to exercise order of preference for Recruiting Units (All Divisions).

The candidates belonging to postal divisions shall indicate order of preference for postal divisions excluding parent division (s) followed by RMS divisions.

The candidates belonging to RMS divisions shall indicate order of preference for RMS divisions excluding parent division (s) followed by postal divisions.

It should be clarified that candidates should exercise preference for all Recruiting Units for consideration.

In case preference is exercised for a limited number of units and could not be allocated to one of those units as per merit vis a vis vacancy in the category he/ she belongs to, he/ she will not be considered for other recruiting units not preferred even though a candidate lower m rank to him/ her is considered who has opted for that unit.
Order of preference once exercised shall not be changed.

Preparation of Merit List and allocation of Division

At first, two merit lists for each division/recruiting unit shall be prepared for Qualified candidates

(i) One of MTS candidates, and
(ii) One of GDS candidates.

Qualified candidates shall be allocated to their respective parent recruiting unit in the order of merit vis a vis category in which selected vis a vis availability of vacancy in the respective category (for the purpose of vertical I horizontal reservation).

After allocation of candidates to their respective Parent Unit (Postal Divisions I RMS Divisions), four separate merit lists for the entire Circle shall be prepared for all such candidates who could not be adjusted/ allocated against their Parent Unit (s), viz.

(i) MTS of all Postal divisions
(ii) MTS of all RMS divisions
(iii) GDS of all Postal divisions
(iv) GDS of all RMS divisions

A reserve category candidate selected against an unreserved vacancy on •own merit shall have choice to migrate to reserve category if by doing so he/she can be allocated to a Unit, which is higher in the order of preference exercised by him/her. Therefore, an undertaking to this effect shall be included m the application for appearing examination.

Publication of Results

The Circle shall publish separate results for both Postman and Mailguard.

a) Postman: Division wise lists of candidates in order of merit who have been allocated to parent unit followed by list of surplus qualified candidates, who were not allocated to Parent Unit/ Division and allocated to other Recruiting Units/Divisions based on merit, shall be published for each division.

b) Mailguard: Division wise lists of candidates in order of merit who have been allocated to parent unit followed by list of surplus qualified candidates, who were not allocated to Parent Unit I Division and allocated to other Recruiting Units/Divisions based on merit, shall be published for each division.

(IV) Andhra Pradesh and Karnataka: The revised syllabi and pattern for LDCE for the cadre of Postman I Mailguard as per the educational qualification I.e. 12th standard, prescribed m the Revised Recruitment Rules of Postman I Mail Guard, 2018.

Clarification: Syllabus and pattern of LDCE examination has been revised as per Directorate’s letter no. 17-08/2018- SPB-I dated 10.05.2019.

(V) Andhra Pradesh: Whether the DR vacancies of the year 2017-18 can be offered to GDS surplus qualified candidates as per the provisions of New RRs under Rules 10(iii)(b) & (c) OR these vacancies can be included in the vacancy position of 2018 to fill up as per new Recruitment Rules.

North East: Whether vacancy of Postman to be calculated from 01.04.2018 to date of publication of above said Gazette as per old RRs or as per new RRs.

Telangana : Whether the DR vacancies of the year 2017-18 can be offered to GDS surplus qualified candidates as per the prov1s10ns of New RRs under Rules 10(iii)(b) & (c) OR these vacancies can be filled up by issuing open notification as per old Recruitment Rules.

Clarification: O.M No. AB.14017/13/2013-Estt.(RR)(1349) of Department of Personnel & Training (DOPT) states as under:-

“The legal position is that the posts are to be filled up as per – the eligibility conditions prescribed in the Recruitment Rules in force at the time of occurrence of vacancies unless the Recruitment Rules are amended retrospectively. The practice has however been to give effect to the Recruitment Rules prospectively.”

Further, clarification has already been issued vide letter number 37-10/2002-SPB-I dt. 14.11.2002 which states as follows-
“According to cannons of law, the recruitment rules in force at the time of occurrence of vacancies whatsoever be the date of notification, should be followed. “

Accordingly , vacancies upto the vacancy year 2017 (April 2017 . March 2018) are required to be filled up as per the Postman and Mailguard, Recruitment Rules, 2010, and vacancies occurring in 2018 vacancy year (April – December 2018) and thereafter are required to be filled up as per Recruitment Rules of 2018 notified on 20.09.2018.

(VI) Haryana: As per old RRs of Postman/Mail Guard, 2010 service conditions for GDS is five years of regular service m the grade as on 1st April of the year. But in new RRs of PMJM:G, 2018, nothing has been mentioned about the service condition for GDS to apply for the post of PMJM:G.

Clarification: Point No. (iii) under column 10 of the Schedule of Department of Posts (Postman and Mailguard) Recruitment Rules, 2018 may be referred to in this regard. Only those GDS who have worked regularly for five years in that capacity as on the 1st day of January of the year to which the vacancy (ies) belongs are eligible.

(VII) Rajasthan Circle: In the RRs of Postman and Mail Guard, it is mentioned that age and educational qualifications prescribed for direct recruits will not apply in the case of promotees. However, there is no mention about the other qualifications in the column no. 8 of RRs as mentioned in column no. 7.

Clarification: Observations of the Circle have been noted. Amendment of Department of Posts Postman and Mail Guard (Group ‘C’) Recruitment Rules (RRs), 2018 to this extent is under consideration.

Till further revision of RRs, other qualifications may not be made applicable for considering promotion.

(VIII) Karnataka Circle: To provide SOP for departmental examination.

Clarification: SOP for Departmental Examinations is under process.

2. The above clarifications may be brought to the notice of all concerned and action taken to conduct DPC/Examination for promotion/appointment to the cadre of Postman/ Mail Guard at the earliest.

Yours faithfully,

(Muthuraman C)
Assistant Director General (SPN)

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