Tuesday, 29 October 2013

Let's Know Some Rulings

1. What are all the conditions for claiming stepping up of Pay with juniors?

(i) Both senior and junior must be in the same cadre in identical pay scales and also in the same recruiting unit.
(ii) Posts to which they are promoted must also be identical and same.
(iii) At the time of promotion, senior must be getting equal or more pay than junior.
(iv) Anomaly should be direct result of application of FR 22 (c) or any pay fixation rules.

2. How option can be made for pay fixation on date of promotion which will be advantageous?

As per the revised pay rules, if the promotion is in between 2nd July to 31st December, his next increment will be from 1st July of the same year. If the promotion is accorded in between 1st Jan to 30th June in a year, his increment will be drawn only in the next year. So, one has to carefully study before making option for pay fixation at the time of promotion.

3. What is the restriction under FR 35 for officiating pay when a Government is ordered to work in higher posts?

As per DOPT OM No. F/1/4/2009 - Estt (pay I) dt. 08.03.2010, for employees receiving pay in the pay band up to Rs.14880 PM (our cases), 15% of the basic pay subject to a maximum of Rs. 2000/- PM (including the difference of grade pay between the feeder and the promotional post). The annual increment @ 3% of the basic pay so fixed shall be granted.

4. What are all the cases which will not construe under the pay anomalies?

(i) Senior getting less pay in lower post due to postponement of date of next increment on account of his proceeding on extraordinary leave.
(ii) Senior refusing promotion leading to early promotion of the junior and later promotion of the senior.
(iii) Junior getting higher pay in lower post due to adhoc arrangements.
(iv) Senior joining higher post later and getting lower pay.
(v) Senior appointed to lower post later than the junior but getting promoted earlier than the junior.
(vi) Senior direct recruits getting less pay than the junior promotees whose pay is fixed with reference to pay last drawn.
(vii)Junior getting more pay due to additional increments earned on acquiring higher qualifications.
(DOP&T OM No. 4/7/92 – Estt (Pay I) dt. 04.1193)

5. Whether stepping up of pay can be allowed second time with another official?

As per DOPT order dated 22.07.1985, the benefit of stepping up of pay can be allowed to senior official second time, provided the anomaly has arisen with reference to the pay of the same junior, with reference to whom the pay of the senior was stepped up first time. As such there is no provision to step up with another person directly


1. Whether Dies non, EXOL without MC etc will cause postponement of increment which was available earlier?

As per the R. P. Rules 2008, the date of increment will be 1st July every year for all employees. If an employee has completed six months or more after his last increment in July, he is entitled for next annual increment. As such there is no effect for Dies non, EXOL without MC etc up to six months in one year starting from July to June next year.

2. Whether the current pay bands remove the stagnation? Or is there any provision of stagnation increments etc?

There will be no stagnation as per the revised rules. If an employee reaches maximum of his pay band, after one year he will be placed in the next pay band providing him one increment. Thus he will move up to pay band 4 and there is no chance of stagnation.

3. Suppose, an official availed EOL (Without MC) for more than six months and he is not having six months qualifying service as on 1st July what will be the fate of his increment?

No. He will not be drawn the increment. If qualifying service is less than six months from 1st July of the previous year till 30th June of the year the date of increment shall be postponed to 1st July of the next year.

4. An official is ordered to officiate in higher Post first for 10 days and subsequently extended for another 10 days. Whether he is entitled for higher officiating pay?

Yes. An official officiating in higher post for less than 14 days, he is not entitled for higher pay. However, even if the first spell is less than 14 days but subsequently extended, the official officiating in the higher post is entitled for higher pay as per the Directorate letter No. 9-25/82-SPG/SPB II dt. 29.05.86.

5. What is the maximum amount of salary that can be attached?

(i) In case of decree for maintenance: (Gross emoluments – allowances exempted) X 2/3
(ii) In case of other decrees: (Gross emoluments – allowances exempted – Rs.1000/-) X 1/3
(Rules 74 of CGA (R & P) Rules 1983) 

1. What are the allowances exempted from attachment of salary?

(i) All kinds of travelling allowances.
(ii) All kinds of conveyance allowances.
(iii) All allowances to meet the cost of uniform/rations.
(iv) Compensatory Allowances for higher cost of living in expensive localities/hill stations.
(v) All house rent allowances.
(vi) Dearness allowance or other allowances to provide relief from increased cost of living
(vii) Children Education Allowance described in any manner.
(viii) All reimbursement of medical expenses.
(ix) Dearness pay if any.
The above allowances are exempted from court attachment. (Rule 74 of CGA (R&P) Rules 1983)

2. Where more than one penalties of withholding increments are imposed against an official at the same time, how it can be given effect to?

In such cases, one after the other, the first penalty order is given effect for the period specified in the order. Thereafter, the increment due to the employee will be allowed and then next penalty order will be implemented from the date of next increment due to him; and so on for third and subsequent penalties.
(DG P&T No. 230/308/75-Disc II dt. 03.05.76)

1. Allowances & Quarters

3. As per the Sixth CPC, whenever DA goes up to 50%, the special allowances shall be increased by 25%. Whether HRA, Transport Allowance etc will cover under these orders w.e.f 01.01.2011 since the DA is expected to reach 51% 

No. In respect HRA, Transport Allowance etc, there will be no revision.
In respect of the following allowances, there will be increase by 25%.
(i) Daily allowance on Tour, mileage Allowance, transportation of Personal effects etc.
(ii) Special compensatory (Remote Locality) Allowance.
(iii) Special compensatory (Hill Area) Allowance.
(iv) Split Duty Allowances to Central Secretariat & allied offices.
(v) Bad climate Allowance.
(vi) Project Allowance.
(vii) Scheduled/Tribal Area Allowance.
(viii) Cycle Maintenance Allowance
(ix) Conveyance Allowance.
(x) Washing Allowance.
(xi) Special Allowance for disabled women employees.
(xii) Cash handling allowance to cashiers/Treasurers.
(xiii) Children Education Assistance & RTF.
(xiv) Advance for purchase of Bicycle, warm clothing, Festival & Natural Calamity Advance.

4. Whether an official who is on long leave is entitled for drawal of HRA? If so up to what extent?

On medical leave, HRA is allowed for 8 months. Beyond that, it can be allowed by the controlling authorities.
For other kinds of leave, HRA is allowed up to 180 days without any certificate. On furnishing required certificate, it may be drawn for remaining periods.
(MOF OM No. 11020/19/90-EII (B) dt. 05.02.1991)

5. Whether the official placed under suspension is entitled for drawal of HRA?

Yes. As per MOF OM NO. F 2(37) EII (B)/by dt. 27.01.1965, HRA shall be drawn to the officials placed under suspension at the rate it was drawn before suspension. 


16. An official provided with staff quarters is transferred in the middle of academic year to another station. What is his HRA entitlement?

1. In such cases, if he detains the Govt. accommodation at the old station, HRA will be allowed for 8 months at the new station.
2. If not in occupation of Govt. accommodation in old station and not allotted accommodation in new station and leaves family at old station, HRA is allowed as under: 
(i) For first 2 months of assuming charge At the rate drawn at the old station.
at the new station.
(ii) For the next 4 months or till the end of At the rate drawn at the old station or 
academic year, whichever is later the maximum rate allowed at the new
station for residence taken on rent, 
whichever is less.
3. As per MOF No. 19055/1/E-IV/2002 dt. 28.03.2003, employees transferred due to shifting of head quarters, shall be entitled to HRA at the rate admissible to them at the old head quarters, if their families continue to reside there, for six months or till the employee is allotted or secures family accommodation at new head quarters whichever is earlier.

17. Both husband and wife are posted in one station and one is provided with Government accommodation. They are claiming HRA for both saying that they are residing separately. Whether it is permissible?

No. HRA will be allowed irrespective of the fact whether they live together or separately except in pursuance of a court order of judicial separation, in case of any one is allotted with Government accommodation and working in the same station.

18. What is the rate of compensation in lieu of rent free accommodation?

The lowest amount charged as licence fee for the entitled type of accommodation will be the compensation to those not provided with quarters as service condition in lieu of rent free accommodation.

19. Whether Transport Allowance is admissible to the employees under suspension?

No. In case if the suspension period covers a calendar month partially, Transport Allowance for that month shall be proportionately reduced.

20. What is the rate of Transport Allowance to physically handicapped employees?

The blind or orthopedically handicapped employees shall continue to draw this allowance of double the normal rates, which shall no case, be less than Rs. 1000/- per month plus the
applicable rate of dearness allowance.

Thursday, 17 October 2013

Encashment of earned leave on Leave Travel Concession – DOPT Clarification

2nd September,2013
ALL GM (PAr)/DAs (P),
Sub: Clarification on Encashment of Earned Leave in connection with  Leave Travel Concession – Payment of difference regarding
I am directed to forward herewith a copy of the extracts on FAQ in respect of Leave Encashment with Leave Travel Concession issued under DOP&Ts No.21011/08/2013-Estt{AL) dated ‘Nil’ downloaded from the official website of Department of Personnel & Training for kind information and further necessary action in this regard.
Yours faithfully,

(Shankar Prasad)
Assistant Director General (Estt)

General entitlement of leave FAQ
No. 21011/08 / 2013-Estt(AL)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (Leave) Section
General entitlement of leave
Frequently Asked Questions
What is the maximum periodof leave of any kind which can
be allowed to a Government
What is the impact if such
limit is exceeded?
No. Government servant shall be granted leave of any kind for a continuous period of 5 years {Rule 12(1))
Normally, absence from duty, with or
without leave, for a continuous period
exceeding 5 years other than on foreign
service, implies that such Government
servant has deemed to have resigned from
Government service. {Rule 12(2))
What are the leaveentitlements of Govt. servants
serving in a vacation
The rule 28 of the CCS (Leave) Rules, 1972which came into effect from 1.9.2008
regulates the grant of Earned Leave for
persons serving in the Vacation
Department. The said rule provides for as
(1) (a) A Government servant(other than a
military officer) serving in a Vacation
Department shall not be entitled to any
earned leave in respect of duty performed in
any year in which he avails himself of the
full vacation.
(b) In respect of any year in which a
Government servant avails himself of a
portion of the vacation, he shall be entitled
to earned leave in such proportion of 30
days, as the number of days of vacation not
taken bears to the full vacation:
Provided that no such leave shall be
admissible to a Government servant not in
permanent employ or quasi-permanent
employ in respect of the first year of his
(c) If, in any year, the Government servant
does not avail himself of any vacation,
earned leave shall be admissible to him in
respect of that year under rule 26.
• For the purpose of this rule, the term
`year’ shall be construed not as meaning a calendar year in which
duty is performed but as meaning
twelve months of actual duty in a
Vacation Department.
• A Government servant entitled to
vacation shall be considered to have
availed himself of a vacation or a
portion of a vacation unless he has
been required by general or special
order of a higher authority to forgo
such vacation or portion of a
Provided that if he has been
prevented by such order from
enjoying more than fifteen days of
the vacation, he shall be considered
to have availed himself of no
portion of the vacation.
• When a Government servant serving
in a Vacation Department proceeds
on leave before completing a full
year of duty, the earned leave
admissible to him shall be calculated
not with reference to the vacations
which fall during the period of actual
duty rendered before proceeding on
leave but with reference to the
vacation that falls during the year
commencing from the date on which
he completed the previous year of
• As per Rule 29(1) the half pay leave
account of every Government
servant (other than a military officer
shall be credited with half pay leave
in advance, in two instalments of ten
days each on the first day of January
and July of every calendar year. This
is subject to conditions laid down in
OM No. 13013/2/2008-Estt.(L)
dated 11-11-2008.

Payment of TA/DA to retired government servants appearing as witnesses in proceedings before the CDI in CVC

372/3/2007-AVD-III (Vol. 10)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
Dated: 14th October, 2013
Office Memorandum
Subject: Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (Hota Committee) – Para 38 of the Committee’s Report regarding payment of TA/DA to retired government servants appearing as witnesses in proceedings before the CDI in CVC – Government’s decision thereon – reg .
The undersigned is directed to say that the Govenunent had appointed a Committee of Experts to review the procedure for DisciplinaryNigilance Inquiries and recommend measures for their expeditious disposal.
The Committee comprised the following:
(i) Shri P.C. Hota, Former Chairman, UPSC – Chairman
(ii) Shri Arvind Varma, Former Secretary, DoPT – Member
(iii) Shri P. Shankar, former CVC – Member.

2. The Expert Committee has, in para 38 of its Report, inter alia, recommended that “In case the witness is a retired Government Servant and is appearing before the CDI in a Departmental Inquiry, the expenses would be borne, in the first instance, by the CVC and subsequently be adjusted with the Department/Organisation concerned.”.
3. The aforesaid recommendation of the Hota Committee has been considered by a Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary and the CoS has recommended acceptance of this recommendation. Government has accepted the recommendation of the Hota Committee as endorsed by the CoS.
4. Accordingly, it has been decided that in cases where any of the witnesses in a departmental inquiry is a retired Government Servant and is appearing before the CDI in the Central Vigilance Commission in the Departmental Inquiry, the expenses on payment of admissible TA/DA to such witness would be borne, in the first instance, by the Central Vigilance Commission and subsequently be adjusted with the Department/Organisation concerned.
5. The above decision of the Government is brought to the notice of all Ministries/Departments for information and compliance.
(V.M. Rathnam)
Deputy Secretary to the Govt. of India
Tel: 23094637

‘Facilitation Fee’ to be levied by authorised travel agents on air tickets booked on Government account- Regarding.

Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
Dated the 10th October, 2013


Subject:- ‘Facilitation Fee’ to be levied by authorised travel agents on air tickets booked on Government account- Regarding.

Attention is invited to this Department’s OM. of even number dated 28th May 2013 wherein all Ministries/Departments were advised not to pay Agency Commission/Charges etc. charged by M/s Balmer Lawrie & Company Limited (BLCL) in their Bills, raised for air tickets booked on Government account, till a final decision is taken in the matter.

2. The matter has been considered and it has now been decided that, in heu of withdrawal of ‘Transaction Fee’ by Air India/Airlines, the authorised travel agents namely M/s Balmer Lawrie & Company Limited (BLCL), M/s Ashok Travels & Tours (ATT) and Indian Railways Catering and Tourism Corporation Ltd (IRCTC), are allowed to levy ‘Facilitation Fee’ of 100/- per ticket for domestic sector and 300/- per ticket for international sector for air travel, wherein Government of India bears the cost of air passage. Further, these rates are to be applied prospectively i.e. Bills raised by the authorised travel agents for journeys undertaken should not include this fee.

3. All Ministries/Departments are again advised that, as far as possible, air tickets on Government account may be obtained directly from Air India/Airlines (bookingcounters/offices/website). Only when obtaining tickets directly from Air India/Airlines is not possible, should the services of authorised travel agents be availed of. These instructions should be brought to the notice of all concerned for strict compliance.

(Subhash Chand)
Deputy Secretary to the Government of India


Fine can't be more than twice the amount in bounced cheque: Supreme Court

NEW DELHI: Courts cannot impose a fine of more than twice the amount in bounced cheques, the Supreme Court has held, stressing that the limit is inviolable and should be respected. 

"First and foremost is the fact that the power to levy fine is circumscribed under the statute to twice the cheque amount. 

"Even in a case where the court may be taking a lenient view in favour of the accused by not sending him to prison, it cannot impose a fine more than twice the cheque amount. That statutory limit is inviolable and must be respected," a bench of justices T S Thakur and Vikramajit Sen said.

It set aside the Calcutta High Court order which had directed a person to pay Rs 1,49,500 as against the cheque amount of Rs 69,500. 

In this case a trial court had sentenced a person to six months imprisonment and directed him to pay compensation amounting to Rs 80,000 in a cheque bounce case. 

The accused, Somnath Sarkar, then approached the High Court which directed him to pay an additional Rs 69,500 to the complainant and his jail term was waived. 

Sarkar then moved a mercy plea before the Supreme Court saying that he was not capable of paying the amount. 

The court after hearing his plea set aside the High Court order and reduced the amount of Rs 69,500 to Rs 20,000. 

"The High Court has, in the case at hand, obviously overlooked the statutory limitation on its power to levy a fine," the bench said.