Harmony- Jan-Feb 2013 by arvind khanna

Thamasoma Jyothirgamaya

HARMONY AN E-MAGAZINE ON CSIR/GOI SERVICE & RELATED ISSUES

Ch. Srinivasa Rao Founder-Editor Formerly COA, CSIR-NGRI, Hyderabad

Vol. XX

January & February 2013

No. 215 & 216

Estd: January 1993 Review: Assistance:

B.J. Acharyulu, Head, F&A, CDFD, Hyderabad D.S. Sundar, Assistant (F&A), CLRI, Chennai

Orders of Central Govt. which are reproduced in "HARMONY" whether duly endorsed by the CSIR or not, are applicable to its employees to a large extent unless and otherwise such Orders involve financial implications. Articles on Service issues, Management, Motivation, Material Management, Behavioural aspects and related issues are welcome through E-mail or other means. Material published in “HARMONY” can be used with due acknowledgement purely in academic interest. The opinions expressed or inferences drawn in the material published in “HARMONY” do not necessarily reflect the views of Editor or CSIR, New Delhi/Swamy Publishers (P) Ltd., Chennai. The Editor shall not take any responsibility whatsoever for any inaccuracies or claims. “HARMONY” is transmitted through E-mail. All are welcome to enlist for a copy.

harmonysrinivas@gmail.com Mobile: 91-94904 62583 -- Res: 040-2715 0736



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CSIR/GOI ORDERS HARMONY has entered its 21st year of service to the CSIR Family. This gracious moment could not be marked in a befitting manner due to my indisposition for quite sometime. There were no release of issues since Jan. 2013. Nevertheless, the January and February issues of 2013 are now compiled, combined and presented for the benefit of our esteemed readers. The March and April issues would follow suit. Hoping to be in continuous service of CSIR Family. Ed.

RECRUITMENT OF CONSULTANTS FOR CSIR LABS./INSTTS. The DG, CSIR has constituted a Search-cum-Selection Committee to select Consultants for CSIR under Centrally Coordinated Projects & Activities such as OSDD, CSIR800, etc. in XII Five Year Plan as follows: a)

Dr. T.S. Balganesh, Distinguished Scientist, CSIR for OSDD or Dr. Ehrlich Desa, Distinguished Scientist, CSIR for CSIR-800

…

Chairman

Director of CSIR Laboratory/Nominee in the respective station (Except Delhi and Bangalore)

…

Member

Any Scientist "G" of the local Lab./Instt. involved in OSDD/ … CSIR-800 activity or Project Director OSDD/Head, PME for CSIR-800

Member

[CSIR O.M. No.OSDD/HCP0001/12FYP/2012-13/Gen/1201 dt. 21-11-2012] RECRUITMENT RULES FOR THE POST OF DISTINGUISHED SCIENTIST OF CSIR In continuation of CSIR circular letter No. 5-1(61)/2008-PD dated 25-11-2011, the DG, CSIR has approved replacement of the term "Selection Committee" with "Search-cumSelection Committee" in the Recruitment Rules of 2008 for the post of Distinguished Scientist of CSIR. [CSIR Lr.No.5-1(61)/2008-PD dt. 27-11-2012] SIGNIFICANT ASPECTS TO BE NOTED IN THE CONTEXT OF ―ONE-CSIR ERP SOLUTION IMPLEMENTATION‖ A number of Workshops have been held during November 2012 in which the participants have been demonstrated the nuances and aspects to be taken into consideration while implementing the ERP Solution in their respective CSIR Labs./Instts. They are now required to place their confidence in the ―One-CSIR‖ Solution framework and ensure its successful adoption. Rigorous efforts would be ensured by undertaking and pursuing the following measures:

3 a)

Setting the Rules which will be notified from time to time requiring compliance by the Labs./Instts.

Transparent and public notification of comparative performance across all Labs./Instts. in the Project Management Portal on the basis of evidence of online operations and activities in the ―One CSIR Application‖.

Administrating rewards and penalties on the basis of performance audit and benchmarking results.

An entire mechanism has been put in place to address issues, provide clarifications and attend to any difficulties which may be expressed by the Project Champions and Lab./Instt. teams during the implementation of the Application. The first set of rules for compliance is to ensure that Payroll and Employee self service get transacted online. This would also be concurrently accompanied by commencement of online indenting and procurement for standard and routine items. All policies, notifications from CSIR HQs. would henceforth be published only in the Policy Repository and will not be sent as hard copies by post or as email soft copy attachment. Meantime, the Lab./Instt. Teams may also develop familiarity with business development, budgeting and project related functionalities and capabilities built in the R&D Portal. The Technical Teams are required to plan for implementation of Unified NKNlinked IP Scheme as discussed in the above Workshops. It is also imperative to set up a Lab./Instt. Level training facility where cross functional teams of Scientists, Technical Officers and Administrative Officers on scheduled dates and time periods can participate as a team and execute transactions online. Handholding sessions can also commence in these training facilities on a regular basis. As and when required, Project Assistants from the Central Team at CSIR HQs. will also be deputed for short durations to facilitate efforts in the Labs./Instts. for the implementation of the ERP Application. All the Administrative staff may be informed that performance assessments and promotions will be linked directly to the progress achieved in implementation of ERP application and online transactions carried out in the Portal. It shall be ensured that the Pay bill for the month of December 2012 is completed using ―One CSIR Enterprise Portal‖ prior to sending Officers for DPC scheduled to take place in January 2013. Further, the Officers called for the DPC will need to show evidence of the number of ESS/Procurement Transactions completed online as and when the DPC is held in 2013. [JS (A), CSIR‘s D.O. Lr. No.2/70/2012-JS(Admn.) dt. 3-12-2012] STRUCTURE AND ORGANIZATION OF WORK IN THE CSIR The structure and organization of work in the CSIR HQs. has been deliberated upon with a focus on the goals of accomplishing (i) higher levels of productivity, (ii) optimal employment of resources, (iii) result-oriented focus, (iv) emphasis on performance driven efforts, and (v) transitioning to a professional work culture for exemplary support of R&D Management functions. CSIR HQs. would be restructured as comprising of the following two entities:

4 a)

CSIR Enterprise Operations and Corporate Office which would comprise of the Office of Director-General CSIR, Head PPD, Joint Secretary (Admn.) and Financial Adviser, HRDG, International Division, IPMD, Enterprise ICT Division and Unit for Science Dissemination. Matters relating to Policy Division, Parliamentary Affairs, Human Resource Division, Enterprise ICT Operations, Legal Section, Enterprise Accounting & Financial Management, RTI Cell and Raj Bhasha will be part of Enterprise Operations.

CSIR Central Office which would comprise of Director Central Office, Controller of Administration , Finance & Accounts Officer, Controller of Stores & Purchase, IT Unit for Central Office, House-Keeping Section and Units looking after Financial Operations relating to all Centrally Operated Projects. The Head PPD will function in his ex-officio capacity as Director-in-Charge of CSIR Central Office with immediate effect which would function autonomously like a Lab./Instt. of CSIR.

The functions, associated work allocation and performance of various tasks will henceforth and with immediate effect be carried out in accordance with the above restructuring. The structure and internal functioning of IPMD, HRDG, RAB and USD will continue as before. The approvals, sanctions and budgetary allocation already made are to be adhered to for the current financial year or until changes as may be necessary are notified. [CSIR Lr. No.2/10/2010-JS(Admn.) dt. 4-12-2012] PROPOSALS FOR EXTENSION IN SERVICE IN R/O SCIENTISTS G/H BEYOND SUPERANNUATION Proposals for extension in service beyond superannuation up to the age of 62 years in deserving cases of Scientist-G/H superannuating between April 2013 to September 2013 latest by 28th December, 2012 were invited along with the following documents: 1.

15 Sets of bio-data, details of work done, work proposed to be done during the extension period.

One-page brief write-up, as per the format enclosed (along with its soft copy in word DOC file which may be sent by email to: pankaj@csir.res.in .

Justification for extension in service with specific recommendations of the Director.

Vigilance clearance certificate.

Attested copies of up to date APARs/ARPs/PMS of the Scientist for the last five years duly completed in all respects and a separate year wise list of APARs/ARPs/ PMS grading in prescribed format.

A statement in respect of all the officials proposed for extension beyond superannuation in service by the Labs./Instts.

[CSIR Lr. No.4-38/2002-E.II(PD) dt. 6-12-2012]

5 MS. SUSHMA SINGH JOINS CSIR AS CVO In pursuance of DOPT OM No.387/l/2012-AVD.III dated 16-10-2012 and 30-10-2012 and after relinquishing the charge of Commissioner of Income Tax (DR)-VIII, ITAT on 10-122012 (AN), Ms. Sushma Singh, IRS (IT:90) has assumed charge of the post of Chief Vigilance Officer in Council of Scientific & Industrial Research under the Department of Scientific and Industrial Research on 11-12-2012 (FN) in the Pay Band of Rs. 37400-67000/- (PB-4) plus Grade Pay of Rs. 10000/-, for an initial deputation tenure of three years. .. Welcome to CSIR Family.. [CSIR O.M. No. 6-8(2503)/2012-E.III dt. 12-12-2012 SWAMY‘S HANDBOOK: 2013 -- UPDATE Section Page 4

Subject

Compensatory Allowances

3. Special (Duty) Allowance 1. Admissibility Insert the names of following stations between ‗Nagaland‘ and ‗Sikkim‘ in the 3rd line ―Arunachal Pradesh‖ ―Mizoram‖. Add the following as a new Serial No. 10 after Sl. No.9: ―10. Risk Allowance‖ (Swamy‘s – FR & SR, Part-IV) ―1. Admissibility.-–Granted to the following categories of employees: (i) Those engaged in duties involving greater hazards or whose health is liable to be adversely affected progressively over a long period of time because of the particular avocation. (ii) Sweepers/Safaiwalas engaged in cleaning of underground drains and sewer lines. (iii) Those working in trenching grounds and Infectious Diseases Hospitals 2. Rates with effect from 1-9-2008: Sl. No. 1. 2. 3. 4. 5. 6. 7.

Categories of employees

Rate p.m. Rs. 40 Rs. 60 Rs. 80 Rs.100 Glycerin Rs.180

Unskilled workers Semi-Skilled workers Skilled workers Supervisors Non-Gazetted Officers engaged in Nitro preparation Gazetted Officers engaged in Nitro Glycerin preparation Danger Building Officer

Rs.300 Rs.400

3. Not treated as ‗Pay‘.—Risk Allowance is not to be treated as Pay for any purpose Rates of this allowance will be increased automatically by 25% whenever the Dearness Allowance payable on revised pay structure goes up by 50%.

6 O.Ms. dt. 22-8-1988 and 18-10-2012 17

210

Miscellaneous 19. Ex gratia Pension/Family Pension to CPF Retirees Add the following against the respective existing columns at the end: ―1-7-2012 31-12-2012 50% 143% 151%‖ - O.M. dt. 25-10-2012

[Swamysnews, Dec. 2012, 1-2] EXPENDITURE MANAGEMENT – ECONOMY MEASURES In continuation of GOI MOF O.M.No.7(1)E.Co-Ord./2012 dated 1-11-2012 dated 31-5-2012 on the subject cited, it is further stated that posts that have remained vacant for more than a year shall not be revived except under very rare and unavoidable circumstances and only after seeking clearance of the Department of Expenditure. [GOI MOF OM No.7(1)E.Co-Ord./2012 dt. 1-11-2012; Swamysnews, Dec. 2012, 4] INCOME TAX DEDUCTION FROM SALARIES DURING THE FINANCIAL YEAR 2012-13 The rates of deduction of Income Tax from the payment of income chargeable under the head ―Salaries‖ during the Financial Year 2012-13 have been notified which explains certain related provisions of the Income Tax Act, 1961 and Income Tax Rules, 1962. The relevant Acts, Rules, Forms and Notifications are available at the Website of the Income Tax Department www.incometaxindia.gov.in Some illustrations regarding calculation of Income Tax in various cases during the assessment year 2012-13 have also been given therein. [GOI (CBDT) Cir. No.8/2012, F.No.275/192/2012-IT(B) dt. 5-10-2012; Swamysnews, Dec. 2012, 4-62] TRANSFER TO LOWER POST UNDER FR 15 (a) It was clarified vide GOI DOPT O.M.No.13/9/2009-Estt.(Pay-I) dated 21-10-2009 that consequent upon implementation of the revised pay structure comprising Grade Pays and running Pay Bands w.e.f. 1-1-2006 in cases of appointment of Govt. servants on transfer on his own request to posts carrying lower Grade Pay under FR 15 (a) on their own request, the pay in the Pay Band of the Govt. servant will be fixed at a stage equal to the pay in the Pay Band drawn by him prior to his appointment against the lower post. However, he will be granted Grade Pay of lower post. Further in all cases, he will continue to draw his increments based on the pay in the Pay Band plus Grade Pay (lower). In case the transfer to a lower post was made subject to certain terms and conditions, then the pay may be fixed according to such terms and conditions. [GOI DOPT O.M.No.16/4/2012-Pay-I dt. 5-11-2012; Swamysnews, Dec. 2012, 66-67]

7 COMPREHENSIVE REVIEW OF INSTRUCTIONS PERTAINING TO VIGILANCE CLEARANCE FOR PROMOTION Instructions issued by the GoI on the basis of procedure laid down by Supreme Court in K.V. Jankiraman case [AIR 1991 SC 2010] makes it clear that vigilance clearance for promotion may be denied only in the following three circumstances: i) ii) iii)

Govt. servants under suspension; Govt. servants in respect of whom a charge-sheet has been issued and the disciplinary proceedings are pending; and Govt. servants in respect of whom prosecution for a criminal charge is pending

withholding of vigilance clearance to a Govt. servant who is not under suspension or who has been issued a charge sheet and the disciplinary proceedings are pending or against whom prosecution for criminal charge is not pending may not be legally tenable to view of the procedure laid down in the aforesaid OMs. The Hon‘ble Supreme Court UoI v. K.V.Jankiraman, etc. has held:

its

judgement

dated

27-8-1991

Existing instructions provide for processing the cases of disciplinary proceedings in a time-bound manner. A number of cases have however, come to the notice where initiation of disciplinary proceedings/issue of charge sheet/processing of the case is considerably delayed by the administrative Ministries/Departments. Such delays allow an Officer whose conduct is under cloud, to be considered for promotion. It becomes essential in respect of Officer(s) in whose case disciplinary proceedings are contemplated or pending and are included in the consideration zone for promotion, necessary action be taken for placing the proposal before the DPC so that vigilance clearance is not allowed as per conditions mentioned above. ―5. An employee has no right to promotion. He has only a right to be considered for promotion. The promotion to a post and more so, to a selection post, depends upon several circumstances. To qualify for promotion, the least that is expected of an employee is to have an unblemished record. That is the minimum expected to ensure a clean and efficient administration and to protect the public interests. An employee found guilty of misconduct cannot be placed on par with the other employees and his case has to be treated differently. There is, therefore, no discrimination when in the matter of promotion, he is treated differently‖. The issue of promotion of an Officer who may be technically cleared from vigilance angle but in whose case it may not be appropriate to promote him/her in view of doubtful integrity where a charge sheet is under consideration, etc. was being examined. The O.M.No.22012/1/99-Estt.(D) dated 25-10-2004 further provides that a DPC shall assess the suitability of the Govt. servant coming within the purview of the circumstances mentioned in para 2 the O.M.No.22011/4/91-Estt.(A) dated 14-9-1992, along with other eligible candidates without taking into consideration the disciplinary case/criminal prosecution pending. No promotion can be withheld merely on the basis of suspicion or doubt or where the matter is under preliminary investigation and has not reached the stage of issue of charge sheet, etc. If in the matter of corruption/dereliction of duty, etc., there is a serious complaint and the matter is still under investigation, the Govt. is within its right to suspend the official. In that case, the Officer‘s case for promotion would automatically be required to be placed in the sealed cover.

When a Govt. servant comes under a cloud, he may pass through three stages, namely, investigation, issue of charge sheet in Departmental Proceedings and/or prosecution for a criminal charge followed by either penalty/conviction or exoneration/ acquittal. During the stage of investigation prior to issue of charge sheet in disciplinary proceedings or prosecution, if the Govt. is of the view that the charges are serious and the Officer should not be promoted, it is open to the Govt. to suspend the Officer which will lead to the DPC recommendation to be kept in sealed cover. The sealed cover procedure is to be resorted to only after the charge-memo/charge-sheet is issued or the Officer is placed under suspension. The pendency of preliminary investigation prior to that stage is not sufficient to adopt the sealed cover procedure. The law on sealed cover based on the judgement of the Apex Court in UoI v. K.V. Jankiraman, etc. [AIR 1991 SC 2010] is by now well settled. The O.M dated 14-9-1992 confined the circumstances for adopting sealed cover to the three situations mentioned above. Even after recommendation of the DPC but before appointment of the Officer, if any of the three situations arise, the case is deemed to have been kept in sealed cover by virtue of para 7 of the O.M. dated 14-9-2992. As regards the stage when prosecution for a criminal charge can be stated to be pending, the said O.M. dated 14-0-1992 does not specify the same and hence the definition of pendency of judicial proceedings in criminal cases given in Rule 9 (6) (b) (i) of CCS (Pension) Rules, 1972 is adopted for the purpose which provides as under: (â&#x20AC;&#x2022;b)

judicial proceedings shall be deemed to be instituted â&#x20AC;&#x201C;-

(i)

In the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes cognizance, is madeâ&#x20AC;&#x2013;.

For the purpose of vigilance clearance for review DPC instructions exist in O.M No.22011/2/99-Estt.(A) dated 21-11-2002 that review DPC will take into consideration the circumstances obtaining at the time of original DPC and any subsequent situation arising thereafter will not stand in the way of vigilance clearance for review DPC. However, before the Officer is actually promoted, it needs to be ensured that he/she is clear from vigilance angle and the provision of para 7 of O.M. No.22011/4/91-Estt.(A) dated 14-9-1992 are not attracted. Opening of sealed cover on conclusion of proceedings, is covered in the instructions in para 3 of the O.M. dated 14-9-1992. In cases where by the time of the Departmental Proceedings are concluded and the Officer is fully exonerated but another charge sheet has been issued, the second charge sheet will not come in the way of opening of sealed cover and granting promotion notionally from the date of promotion of the junior and para 7 of O.M. dated 14-9-1992 will not apply as clarified in the O.M No.22011/2/2002-Estt.(A) dated 24-2-2003. After the disciplinary proceedings are concluded and penalty is imposed, vigilance clearance will not be denied. The details of the penalty imposed are to be conveyed to the DPC. The DOPT has issued separate instructions for accordance of vigilance clearance to a member of CCSs/holder of Central Civil post with respect to (a) empanelment (b) deputation (c) appointment to sensitive posts and assignments to training programs (except mandatory training) vide O.M. No.11012/11/2008-Estt.(A) dated 14-12-2007. It has been further clarified in the O.M.No.11012/6/2008-Estt.(A) dated 7-7-2008 that these instructions do not apply to promotions. While consideration for promotion is a right of an

9 employee but empanelment, deputation, posting and assignment for training is not a right of an employee and is decided keeping in view the suitability of the Officer and administrative exigencies. It may thus be noted that vigilance clearance cannot be denied on the grounds of pending disciplinary/criminal/court case against a Govt. servant, if three conditions mentioned in para 2 of O.M. dated 14-9-1992 are not satisfied. The legally tenable and objective procedure in such case would be to strengthen the administrative vigilance in each Department and to provide for processing the disciplinary cases in a time-bound manner. If the charges against a Govt. servant are grave enough and whom Govt. does not wish to promote, it is open to the Govt. to suspend such an Officer and expedite the disciplinary proceedings. [GOI DOPT O.M.No.F.No.22034/4/2012-Eswtt.(D) dt. 2-11-2012; Swamysnews, Dec. 2012, 74-77] RISK ALLOWANCE TO CG EMPLOYEES In partial modification of the O.M. No.21012/4/88-Estt. (Allowances) dated 22-8-1988, the President is pleased to revise the rates of Risk Allowance in respect of the existing categories of CG employees w.e.f. 1-9-2008 as under: Sl. No. 1. 2. 3. 4. 5. 6. 7.

Categories of employees Unskilled workers Semi-Skilled workers Skilled workers Supervisors Non-Gazetted Officers engaged in Nitro Glycerin preparation Gazetted Officers engaged in Nitro Glycerin preparation Danger Building Officers

Rate p.m. Rs. 40 Rs. 60 Rs. 80 Rs.100 Rs.180 Rs.300 Rs.400

The amount of Risk Allowance would be automatically raised by 25% every time the DA on the revised pay structure goes up by 50%. [GOI DOPT O.M.No.21012/01/2010-Estt.(AL) dt. 18-10-2012; Swamysnews, Dec. 77-78] PROJECT VIGEYE PAMPHLET A pamphlet on "Project VigEYE" of the Central Vigilance Commission (CVC) about the procedure for registration and lodging complaints through mobile phone and internet by the citizens on the VigEYE portal has been issued. Project VIGEYE (Vigilance Eye) is a citizen-centric initiative, wherein citizens join hands with the CVC in fighting corruption. It is a platform through which vigilance information flows freely from common public to the Commission, making it possible to provide easy access for sending sensitive information in complaints quickly. Registration and submission of complaints through mobile and internet has been explained. For operational details, it is desirable to visit the CVC Website. [CSIR Lr. No.15-6-(83)/98-O&M-IV dt. 14-1-2013]

10 DENIAL OF VIGILANCE CLEARANCE ON NON-SUBMISSION OF ANNUAL PROPERTY RETURN It has been decided by the Govt. that Officers who have not submitted the Annual Immovable Property Returns by the prescribed time would be denied Vigilance Clearance and will not be considered for empanelment for senior level posts in Govt. of India. Accordingly, in the guidelines issued under DOPTâ&#x20AC;&#x2DC;s OM No. 11012/11/2007-Estt.A dated 14-12-2007 regarding grant of vigilance clearance to members of Central Civil Services/Posts, in para 2, a new sub-para (f) will be inserted as under: (f) Vigilance clearance shall be denied to an Officer, if he fails to submit his Annual Immovable Property Return of the previous year by 31st January of the following year, as required under GoI Decisions under Rule 18 of the Central Civil Services (Conduct) Rules, 1964. [CSIR Lr. No.15-6(82)/98-O&M-III dt. 15-1-2013; GOI DOPT O.M. No.11012/11/2007-Estt.A dt. 27-9-2012] GUIDELINES ON GRANT OF VIGILANCE CLEARANCE The Chief Vigilance Officer (CVO), CSIR forwarded a pro forma to be used while seeking Vigilance Clearance in respect of Common Cadre and other senior Officers. Such proposals for clearance from vigilance angle must be sent at least 10 days in advance of the crucial date. Proposals sent in any other form will not be considered beyond 1-2-2013. [CSIR Lr. No.15-6(83)/98-O&M-III dt. 16-1-2013] SUBMISSION OF ANNUAL PROPERTY RETURNS FOR THE YEAR 2012 BY GROUP A & B OFFICERS In accordance with Rule 18(1) (ii) of the CCS (Conduct) Rules, 1964 as made applicable to the Council employees, Officers holding Group 'A' & 'B' posts are required to submit an annual report giving full particulars regarding his/her immovable property. It is required to be intimated as to whether Annual Property Returns have been received from the concerned employees for the year ending 31st December, 2012 and scrutinized by the Sr. COA/COA.AO, looking after the vigilance work of the Lab/Instt. A certificate that this exercise has been undertaken, along with copies of immovable property returns of the Sr. COA/COA or the AO, where COA is not in position and of the Director may be sent to this Office for scrutiny by the first week of March, 2013. However, if any prima facie case of Officers(s) in possession of disproportionate assets comes to notice during scrutiny, the returns(s) in question, along with the explanation obtained from the concerned Officer(s), along with specific comments may be sent to the CVO for further action. [CSIR Lr. No.15-4/33/85-O&M(Vol.IV) dt. 22-1-2013]

11 AMENDMENT TO RULE 8.3 OF CSIR SERVICE RULES, 1994 FOR RECRUITMENT OF TECHNICAL & SUPPORT STAFF The Governing Body of CSIR in its 181st meeting held on 4-9-2012 has approved the following amendment to ―CSIR Service Rules, 1994 for Recruitment of Technical & Support Staff‖: Existing Rule 8.3 – Relaxation

Amended Rule 8.3 - Relaxation

―Relaxation in age limit, qualification and/or experience in case of exceptionally meritorious candidates (both departmental and outsiders) would be allowed with the prior approval of DG, CSIR. In addition, relaxation for SC/ST candidates as provided by the Govt. of India will continue. However, age would be:

Relaxation in age limit up to 5 years may be allowed to Council/Govt./Autonomous Bodies/ Public Sector Undertaking employees in accordance with the instructions and orders issued by the Govt. of India from time to time in this regard. In addition, relaxations for SCs/STs/OBCs and other categories as provided by the Govt. of India will continue.

1. Relaxable for SCs/STs/OBCs and Relaxation in age limit, qualification and/or certain other categories as notified by experience in cases of exceptional meritorious the Govt. of India from time to time. candidates would be allowed with the prior approval of the Director-General, CSIR. 2. Relaxable cumulatively with any other age relaxation for SCs/STs/OBCs The aforesaid amendment to Rules shall come into force with immediate effect. [CSIR O.M. No. 4(01)/2013-HR-II dt. 22-1-2013] AMENDMENT TO CSIR SCIENTISTS RECRUITMENT & ASSESSMENT PROMOTION RULES, 2001 The DG, CSIR, in exercise of the powers vested with him under Rule 9 of CSRAP Rules 2001, had approved amendment in CSRAP Rule 7.6.3 (v) as under: Rule No.

Existing provision

Amended provision

7.6.3 (v)

Director of the concerned CSIR Lab. (none in the case of HQs.)

Director of the concerned CSIR Lab. or equivalent/higher. In CSIR HQs., the DG, CSIR /Distinguished Scientist/Director/ Scientist-H.

The above amendment has been ratified by the Governing Body, CSIR in its 181st meeting held on 4th September, 2012. [CSIR Lr. No.1-5(1)/2008-RAB dt. 23-1-2013] DR. AMITAVA BANDOPADHYAY JOINS CSIR HQS. AS HEAD, ISTAD In compliance of the CSIR O.M. No.7-4(2)/2012-E.III dated 4-12-2012, Dr. Amitava Bandopadhyay, Chief Scientist, National Metallurgical Laboratory, Jamshedpur, has joined as Head, ISTAD, CSIR HQs. on the forenoon of 28-1-2013. [CSIR O.M. No.6-8(2505)/13/E.III dt. 31-1-2013]

SWAMY‘S HANDBOOK: 2013 -- UPDATE Section Page 9

Subject Deputation and Foreign Service 4. Deputation (Duty) Allowance General.—Para 3 (a): Substitute the existing para with the following:

115

―If the Grade Pay of the Officer in the parent cadre becomes higher than that of the deputation post after getting pro forma promotion, he may be allowed the pay in the Pay Band plus Grade Pay of the post to which he is promoted, if he so opts. In such cases, extensions in deputation after an employee has received the pro forma promotion may be considered as per the instructions contained in Paras 8.1 to 8.3.2 of O.M. dated 17-6-2010‖. - O.M. dated 30-11-2012 Govt. Quarters 11. Subletting Quarters Charging of damage from unauthorized occupants of General Pool Accommodation.— Substitute the existing table with the following table: Sl. Metropolitan Type of No. City Accommodation (i)

(ii)

(a)

(b)

Present Rate

Revised Central NonCentral Type-I to Type Rs.175 55 times 45 times IV per sq. of normal of normal All meter Licence Licence Metropolitan per Fee Fee cities month except Mumbai Type-IV (Spl.) Rs.235 65 times 55 times and above per sq. of normal of normal including meter Licence Licence Hostel per Fee Fee accommodation month Mumbai Type-V and Rs.750 120 times of normal (Hyderabad Type VI and per sq. Licence Fee Estate, Hostel meter Belvedere per and Pedder month Road) Rest of Type-I to Type- Rs.230 65 times 55 times Mumbai V including per sq. of normal of normal Hostel meter Licence Licence per Fee Fee month

These rates will be effective from 1-1-2013‖.

13 24

317

Retirement on Superannuation 16. Family Pension Para 8.—Children of Void/Voidable marriage.— Substitute the existing para with the following:

319

―Family Pension is admissible also to children of deceased Govt. servant/Pensioner from void/voidable marriage along with the legally wedded wife.‖ - Rule 54 (8) and O.M. dated 27-11-2012 19. Pension through Public Sector Banks/Post Office Savings Bank Para 1.— Substitute the words ―except those‖ appearing in lines 2 and 3 with the following words: ―including pensioners/family pensioners.‖ Para 3.— Delete the following words appearing in first line ―(other than those of Postal Department).‖ - O.M. dated 19-10-2012

[Swamysnews, Jan. 2013, 1-3] PENSIONARY BENEFITS TO THE EMPLOYEES OF NON-STATUTORY DEPARTMENTAL CANTEENS It has been decided that the entire past service rendered on regular basis by the Non-Statutory Canteen employees will be reckoned as ―Qualifying Service‖ for the purpose of calculation of pension in accordance with the relevant provisions contained in CCS (Pension) Rules, 1972 and related orders. This admissibility will be subject to the refund of the entire amount received as employers‘ contribution to the EPF, if any, including interest received by them along with interest at the rate applicable to GPF accumulation from time to time as prescribed in GOI DOP&PW O.M. No.38/34/2001-P&PW(F) dated 29-4-2002. The interest will be calculated for the period from the date of receipt of employers‘ share of EPF contribution by the employee to the date of refund to the Govt. In view of the above, the provisions contained in DOPT O.M. No.12/3/92-Dir.(C) dated 16-11-1992, 16-12-1993 and 8-11-2000 shall stand modified to the extent of the provisions specified hereinabove. [GOI DOPT O.M.No.12/4/97-Dir.(C)(Vol.II) dt. 26-11-2012; Swamysnews, Jan. 2013, 6-7] PROVISIONS RELATING TO PRO FORMA PROMOTION It has been decided to provide the following clarifications/relaxations in respect of provisions which pertain to pro forma promotion as under: (i)

Pro forma promotion in the case of candidates promoted on passing a Limited Departmental Competitive Examination (LDCE)

14 In the case of candidates who have passed the LDCE and their names have been recommended for promotion, pro forma promotion may be allowed from the date of their juniors in the cadre in the order of merit in the LDCE have been so promoted. This may also be allowed in case there is no junior on account of such candidate being the last in the order of ranks/merit, from the date of he would have received such promotion, if he had been in his cadre. Provided it will be ensured that the conditions laid down in the DOPT O.M. No.8/4/82-Estt.(Pay-I) dated 15-7-1985 are strictly fulfilled and the principle of NBR based on over all seniority list of cadres is followed. (ii)

Extension after the employee receives a pro forma promotion:

The Para 8.6 of the O.M. No.6/8/2009-Estt.(Pay-II) dated 17-6-2010 relating to regulation of pay after an Officer has got pro forma promotion and extension of deputation thereafter is modified as follows: 8.6 (a) If the Grade Pay of the Officer in the parent cadre becomes higher than that of the deputation post after getting pro forma promotion, he may be allowed the pay in the Pay Band plus Grade Pay of the post to which he is promoted, if he so opts. In such cases, extensions in deputation after an employee has received the pro forma promotion may be considered as per instructions contained in Paras 8.1 to 8.3.2. [GOI DOPT O.M. No.6/5/2012-Estt.(Pay-II) dt. 30-11-2012; Swamysnews, Jan. 2013, 7-8] GUIDELINES FOR MONITORING AND EXPEDITIOUS DISPOSAL OF THE DISCIPLINARY PROCEEDING CASES It has been observed that disciplinary proceedings are generally taking a long time which defeats the very purpose of initiating the said proceedings. Therefore, the following guidelines for monitoring and expeditious disposal of proceedings are issued: i)

There are a number of instances where the Courts have set aside the Order of penalty due to inordinate delay in initiating action. Hence, it has to be ensured that disciplinary proceedings are initiated without undue delay.

ii)

The Administrative Department should study the allegations more carefully and resort to minor or major penalty proceedings depending upon the circumstances involved.

iii)

There is undue delay due to repeated requests of the Charged Officer (CO) for time to give his written statement in reply to the Charge Sheet (CS). The CO may be allowed 3-4 days absence instead of 10 days to submit his written statement.

iv)

If vigilance angle is involved in a complaint, the case should be referred to the CVC for their 1st stage advice within one month from the date of receipt of Investigation Report. If vigilance angle is not involved, case should be put up to the disciplinary authority for taking decision to initiate disciplinary action.

After receipt of first stage advice of the CVC, the case should be put up to the disciplinary authority for taking decision to initiate disciplinary action for major or minor penalty against the CO under CCS (CCA) Rules, 1965 within one month from the date of receipt of 1st stage advice of the CVC.

15 vi)

The CS should be issued to the CO within a week from the date of receipt of the decision of the Disciplinary Authority to initiate major or minor penalty proceedings against him.

vii)

Simultaneously, the names of suitable Officer to be appointed as Inquiry Officer (IO) and Presenting Officer (PO) may be selected tentatively. If the CO denies the charges, the orders regarding appointment of IO and PO should be issued immediately. Subsequently, pursuant action should be initiated.

viii)

The CS should be drafted with utmost accuracy and precision based on the facts revealed during the investigation or otherwise and the misconduct involved.

ix)

As far as possible copies of all the documents relied upon and the statements of witnesses cited on behalf of the disciplinary authority should be supplied to the CO along with the CS.

The IO should submit his report within six months from the date of receipt of order of his appointment.

xi)

A copy of the Inquiry Report (IR) and also disagreement of the disciplinary authority, if any, on it should be provided to the CO within 15 days from the date of receipt of IR.

xii)

After receipt of the representation of the CO on the IR, the case may be sent to the CVC wherever required for their second stage advice or to UPSC for their advice.

xiii)

Penalty order should be issued within a month from the date of advice of UPSC.

xiv)

The time limits indicated above should be strictly adhered to. The CVO concerned would be directly responsible to adhere to these time limits.

xv)

Each Ministry/Department may keep ready a panel of the IO/PO from among their retired Govt. Officers, if no serving Govt. servant is available for appointment of the IO/PO.

xvi)

In order to expedite completion of inquiries within a specified time limit, some Officers on a full time basis may be earmarked by the concerned Department to act as the IO/PO.

xvii)

Since the second stage consultation with the CVC has been dispensed with except in those cases where consultation with the UPSC is not required, it is expected that the new procedure would substantially reduce the time taken in finalization of cases.

xviii)

Wherever a Departmental Officer is appointed as the IO, the Officer concerned may be relieved from his normal duties for a period up to 20 days on full time basis in two spells during which he should complete the inquiry and submit the report.

[GOI DOPT O.M. No.425/04/2012-AVD-IV(A) dt. 29-11-2012; Swamysnews, Jan. 2013, 9-12]

16 ADVANCE INCREMENTS TO STENOGRAPHERS ON QUALIFYING SPEED TEST IN SHORTHAND AT 100/120 WORDS PER MINUTE Consequent upon implementation of CCS (RP) Rules, 2008, the concept of Pay Band and Grade Pay has been introduced. Since there are no fixed rates of increments now, the manner in which the advance increments on qualifying the speed test in shorthand at 100/120 w.p.m. after 1-1-2006 are to be computed and regulated as under: a)

In terms of DOPT O.M. No.18/44/89-Estt.(Pay-I) dated 7-12-2009, the advance increments were to be treated as pay for all purposes and past cases are also to be regulated accordingly. These advance increments are to be taken into account for fixation in the Revised Pay for those Officials who were in receipt of such increments in the pre-revised pay. In such cases, the advance increments will no longer continue as a separate element.

In respect of persons who become eligible for grant of advance increments consequent upon implementation of CCS (RP) Rules, 2008, the advance increments may be calculated by granting increment @ 3% of the Basic Pay on the date of passing of the test. Two advance increments may be calculated by granting two increments @ 3% of the Basic Pay on the date of passing the test. The amount of this increment may be treated as a separate element in addition to the Basic Pay (Pay in the Pay Band plus Grade Pay) till such advance increments are taken into account as per (c).

Once the advance increments are taken into account for the purpose of pay fixation on promotion or being placed in a higher scale on grant of ACP/MACP or fixation of pay due to revision of pay scale, etc., as per (a) above, the advance increments will no longer be continued as a separate element as it will be merged with the basic pay.

[GOI DOPT O.M. No.1/1/2010-Estt.(Pay-I) dt. 6-12-2012; Swamysnews, Jan. 2013, 35-36] ELIGIBILITY OF CHILDREN FROM A VOID OR VOIDABLE MARRIAGE FOR FAMILY PENSION In continuation of GOI DOP&PW O.M.No.1/16/96-P&PW(E) dated 2-12-1996, it was clarified that pensionary benefits will be granted to children of a deceased Govt. servant/pensioner from void or voidable marriages when their turn comes in accordance with Rule 54 (8). In supersession of para 4 of the O.M. cited, it has been decided that the share of children from illegally wedded wife in the family pension shall be payable to them in the manner given under sub-rule 7 (c) of Rule 54 of CCS (Pension) Rules, 1972, along with the legally wedded wife. It has also been decided that in past cases, no recovery from the previous beneficiary should be made. [GOI DOPT O.M. No.1/16/1996-P&PW(E)(Vol.II) dt. 27-11-2012; Swamysnews, Jan. 2013, 36-37] FILLING UP OF VACANCIES RESERVED FOR PERSONS WITH DISABILITIES In order to ensure that Persons with Disabilities (PwD) get a fair opportunity in consideration for appointment to an identified post, the following points are required to be kept in view while sending the requisition notice to the Employment Exchange, the SSC, the UPSC, etc. and while advertising the vacancies:

Number of vacancies reserved for SCs/STs/OBCs/Ex-Servicemen persons suffering from Blindness or Low Vision/Persons suffering from Hearing Impairment/Persons suffering from Locomotor Disability or Cerebral Palsy should be indicated clearly.

ii)

In cases of vacancies in posts identified suitable to be held by persons with disability, it shall be indicated that the post is identified for persons with disabilities suffering from blindness or low vision hearing impairment; and/or locomotor disability or cerebral palsy, as the case may be, and that the persons with disabilities belonging to the category/categories for which the post is identified shall be allowed to apply even if no vacancies are reserved for them. Such candidates will be considered for selection for appointment to the post by general standards of merit.

iii)

In case of vacancies in posts identified suitable for persons with disabilities, irrespective of whether any vacancies are reserved or not, the categories of disabilities, viz. blindness or low vision, hearing impairment and locomotor disability or cerebral palsy for which the post is identified suitable along with functional classification and physical requirements for performing the duties attached to the post shall be indicated clearly.

iv)

It shall also be indicated that persons suffering from not less than 40% of the relevant disability shall alone be eligible for the benefit of reservation.

[GOI DOPT O.M. No. 36035/6/2012-Estt.(Res.) dt. 26-11-2012; 37-38]

Swamysnews, Jan. 2013,

REVISION OF RATES OF DAMAGES FOR UNAUTHORIZED OCCUPATION OF GENERAL POOL RESIDENTIAL ACCOMMODATION It has been decided to make revision of the rates of damages recovered from unauthorized occupants of General Pool accommodation, a regular exercise as a multiple of normal rate of licence fee as given hereunder. Henceforth, the rate of damages/market rent will automatically get revised as and when the rate of normal licence fee under FR 45-A is revised. In addition to this, garden charges as applicable will also be recovered. Sl. No.

Metropolitan City

All Metropolitan cities except Mumbai

Revised Central NonCentral Rs.175 per 55 times of 45 times of sq. meter normal normal per month Licence Licence Fee Fee

Type-IV (Spl.) and above including Hostel accommodation Mumbai (Hyderabad Type-V and Type VI Estate, Belvedere and Hostel and Pedder Road) Rest of Mumbai Type-I to Type-V including Hostel

Rs.235 per 65 times of sq. meter normal per month Licence Fee Rs.750 per 120 times sq. meter Licence Fee per month Rs.230 per 65 times of sq. meter normal

(i)

(ii)

(a) (b)

Type of Accommodation Type-I to Type IV

Present Rate

55 times of normal Licence Fee of normal 55 times of normal

18 per month

Licence Fee

In stations, where there are no General Pool Residential Accommodation, the Ministry or Department have to get suitable unit rates worked out by the CPWD local PWD. The above rates will be effective from 1-1-2013 and will also be in force till next revision of rate of normal licence fee. [GOI Dir. of Estates O.M.No.18011/2/2006-Pol.III dt. 6-12-2012; Swamysnews, Jan. 2013, 38-39] SPECIAL CONCESSIONS/FACILITIES TO CG EMPLOYEES WORKING IN KASHMIR VALLEY The following clarifications regarding special concession/facilities to CG employees working in Kashmir Valley in Attached/Subordinate Offices or PSUs falling under the control of the CG for the period with effect from 1-1-2012 to 31-12-2012: 1.

As regards to quantum of additional HRA, it is clarified that applicability of above referred O.M. is not linked to previous place of posting where the Officer posted to Kashmir Valley chooses to retain his family nor it is linked to any other place where he chooses to move his family. It is uniformly admissible at the rate of HRA applicable for Class â&#x20AC;&#x2014;Yâ&#x20AC;&#x2DC; city only for employees who exercise the option to move their family to a selected place of their choice in India.

The package of special concession for CG employees working in Kashmir Valley confirms its uniform applicability to all CG employees without making any distinction as regards their mode of appointment, i.e. whether it is on zonal basis or whether such appointment entails all India posting liability or whether such duty posts are in non-family stations. As such, special concession is available to all CG employees/PSU under GoI posted in Kashmir Valley.

[GOI DOPT O.M.No.18016/4/2012-Estt.(L) dt. 14-12-2012; Swamysnews, Jan. 2013, 42-43]

.o.

ORDERS OF YESTER-YEARS REVISED SCREENING CRITERIA UNDER CSIR SCIENTISTS ASSESSMENT PROMOTION RULES, 2001 The Recruitment & Assessment Board, CSIR requested all the CSIR Labs./Instts. to have the assessment cases processed on the basis of the following revised screening criteria in terms of Rule 9 of CSIR Scientists Recruitment & Assessment Promotion Rules, 2001. “Rule 7.4 All Scientists will be first screened for eligibility on the basis of grading in the reports of ARP/PMS and only those Scientists who satisfy the minimum residency period linked to their performance threshold scores as indicated in the Table below shall be considered for further assessment: Grading

Range of Marks

Need improvement Satisfactory Good Very Good Excellent Outstanding

40-49 50-59 60-69 70-84 85-89  90

The bench marks for being eligible to be considered for assessment is ―Satisfactory‖ for ―Junior Scientist‖ (existing Group IV (1)‖ and ―Good‖ for levels of ―Scientist‖ and above [CSIR Lr. No.P.F.No.1-5(1)/174/AAsPr)/2009-RAB dt. 14-2-2012]

.o.

NEWS & VIEWS New Bill widens definition of Disability -- Speech, Language and Learning Disability, Blood Disorders to get Legal Recognition PWD Act, 1995 recognizes disability to mean blindness, low vision, leprosy (cured), hearing impairment, locomotor disability mental retardation and mental illness. New draft includes chronic neurological conditions such as epilepsy, learning disability, speech and language disability, blood disorders

20 (haemophilia, thalassaemia) and multiple sclerosis, besides conditions covered by the National Trust Act such as autism, cerebral palsy and mental disabilities In a progressive leap for the disability movement in India, a draft bill prepared by the Ministry of Social Justice & Empowerment has widened its definition of disability to give legal recognition to many conditions which were previously ignored. Moving ahead from the standard seven disabilities recognized under the existing Persons with Disabilities (PWD) Act, 1995, the bill widens its ambit to cover those living with blood disorders (haemophilia and the thalassemia), speed and language disability and specific disability and specific learning disabilities such as dyslexia among others. Once passed, a person living with thalassaemia for instance would be entitled to legal rights and limited benefits similar to those living with blindness or loco-motor disabilities. The Draft Rights of Persons with Disabilities Bill, 2012 was unveiled by the Ministry in September and the definitional change is in keeping with India‘s ratification of the United Nations‘ Convention on the Rights of Persons with Disabilities which seeks to recognise disability as an evolving concept that is not narrowly limited to standalone medical conditions. ―Recognition of these new conditions as disabilities is the first step. Once the act is passed, there will be a procedure for assessment of those disabilities and certification‖, said T.D. Dhariyal, Dy. Chief Commissioner for PWDs under the Union Ministry. The bill offers the most comprehensive and inclusive legal definition of disability till date by also including categories from another legislation, the National Trust Act which caters specifically to autism, cerebral palsy and mental disabilities. It seeks to protect disabled persons against discrimination, provide affirmative action and penalize and punish offences committed against them. Javed Abidi, founder of the Disability Rights Group perceives the proposed changes as very progressive. ―It is in our interests that the bill becomes a law at the earliest,‖ he said. Many grey areas are however, yet to be clarified. For instance, the bill entitles PWDs with a benchmark disability‖ of 40% or more to reservation in jobs and higher educational institutions; the cut off is to ensure that Govt. benefits don‘t go to those with minor disabilities at the cost of others. But it is yet to be ascertained as to how these benchmarks will be applied for new categories such as thalassaemia or learning disabilities. ―The 40% standard seems to be a hangover from the earlier versions of the Act which covered physical disabilities. How this would apply to thalassaemia, haemophilia or mental illness, for that matter, is inexplicable,‖ said Rahul Cherian of Inclusive Planet Centre for Disability Law and Policy, Chennai adding that the formulation seemed to be random and needed to be re-examined. India had 22 million persons with disabilities according to the Census 2001 which roughly constituted two per cent of its population, though the World Health Organisation pegs the figures at 10% of the population. -

Times of India, Hyderabad Oct. 21, 2012,