REFRESHING POSTAL RULINGS AT A GLANCE
Whether the divisional superintendent who is a witness or a party in
the can case issue charge sheet to an employee, to whom he is disciplinary
authority
No. In such cases an adhoc disciplinary authority must be appointed.
2. Whether any punishment can be imposed with retrospective effect.
No. No penalty can be imposed retrospectively; it can only be
prospective, either from the date of issue of punishment order or from a
prospective date
3. Whether the punishment of reduction of pay awarded under Rule 16
will affect pension?
No. Any punishment awarded under rule 16 should not affect pension. But
if an inquiry as specified under Rule 16(b) is conducted
such a punishment can be imposed.
4. Whether promotions can be accorded if the punishment order has not
become operative?
Yes. It should be. Promotions cannot be ordered
during the currency of punishment.
5. Can an official be reduced in rank to a rank lower to which he was
originally appointed?
No. He
cannot be reduced to a rank lower than the rank to which he was originally
appointed
6. Whether an order of stoppage increments with cumulative effect will
affect seniority?
No. But an order of reduction to a lower
rank/post will affect seniority, if ordered as such (Rule 11 Goi 10)
7. What is the DOPT instructions, in determination of seniority in case
of reduction to a lower rank/post?
8 After acquittal from court on criminal charge, whether the dept can
take disc action on the same charge?
NO, if the official is acquitted honourably. But if
the acquittal is for lack of evidence etc... Dept can proceed, if it has got
enough evidence to prove the charge. This is because the standards of proof
required in a deptl inquiry and in criminal proceedings are different.
9 Whether an officer holding current charges can exercise the disc
powers attached to the post?
NO
10 Whether the lower authority (SP) can award major penalty to an
official appointed by the higher authority (SSP)?
No. No civil servant shall be
dismissed or removed from
service, by an authority
subordinate to appointing authority.
One official may have many appointing authorities in every stage of
promotion etc... Therefore the highest authority among these appointing
authorities can only impose major penalties.
11 What is the period after which a suspension order will have to be reviewed?
As per sub Rule 10 sub rule 6&7(ccs (cca)) the 1st suspension
order will remain in force only for 90 days. Before the expiry of 90 days the
suspension order will have to be extended based on the recommendations of the
review committee The review committee can also recommend extension of
suspension only up to 180 days at a time.
12 Whether the suspension order can be prolonged with out the issue of
charge sheet?
Yes if the review
committee recommends extension, but it will be difficult to justify such
prolonged suspension. CAT Bangalore in a judgement in case of
A.S.Krishnamachari vs UOI 1993(1) LiL (cat)195 Bangalore
13 weather the committee is empowered to extend suspension beyond 180
at a time
Yes. But not at a time, the committee has to review suspension
before the expiry of 180 days
14 Weather the closed cases can be reopened?
Yes. The reviewing
authority after giving a due notice to the concerned official with in the
period prescribed for such a review can revise the order earlier made by the
disciplinary authority.
15,16 &17 Omitted
18 What is the financial power of
LSG&
HSG POSTMASTERS?
Rs 30/- to LSG and Rs 60/- to HSG, Subject to availability of funds
allotted by DO
19 Can an authority force an official to take
VR When he becomes physically or mentally disabled?
No. As per DOPT orders dated 19-01-2004 no establishment shall dispose
with or reduce in rank an employee who acquired disability during his service.
In case if it is not possible to adjust him against any post, he may be kept on
a super numery post until a suitable post is found or made available or till
the date of his retirement on superannuation. This order is based on the
amended provisions of the section 47 of the “ persons with disability act1995”
20 Omitted
21 Whether any time limit is prescribed for disposal of
representations received
22. Whether one official already placed under suspension can function
as Defence Assistant in other Case?
Yes: As per
the Rule 14 (18) of CCS (CCA) rules 1965, it is permissible. This has been examined
by the Kerala High Court and opined that there is no rule that a person under
suspension is not entitled to Assist another Govt. Servant in enquiry
proceedings.
23. What are all the circumstances under which, the Dies non can be
awarded?
The day can
be marked as ‘Dies non’ only under the following three circumstances.
i) When the official remains absent from duty
without prior information.
ii) When on duty in office, the official leaves
the office without proper permission ; and
iii) The official remains in office, but refuses
to perform duty assigned to him
In any circumstances , dies non should not be issued without issuing
show a cause notice.
24. Whether late coming to office can be treated as ‘Dies non’?
No. A day
on which an official comes late and works throughout the day during office
hours will not be marked as dies non. Treating this day as ‘Dies non’ for
coming late is not contemplated in the rules. The proper course in such
case would be debit the ½ day casual leave account of the official as per
instructions. This is confirmed in the DG’s letter dated 26.12.79
Further the Department in its letter dt 22.07.75, has stated that Half day CL
should be debited to the CL account of a Government Servant for each late
attendance up to one hour on not more than two occasions may be condoned by the
competent authority, if he is satisfied.
25. What is the position in case if no casual leave for debiting to
late attendance? If the leave sanctioning authority does not want to condone
the delay, what action can be taken?
If
an official who has no casual leave to his credit comes late without sufficient
justification and the administrative authority is not prepared to condone the
late coming, he may inform the official that he will be treated as an
unauthorised absence for the day on which he come late and leave it to the
official himself either to face unauthorised absence or to apply for earned
leave or any kind of leave due and admissible for the entire day, the same may
be sanctioned. This is order of the Ministry of Home Affairs dt 05.03.82
As such Question of dies non will not arise in such cases.
26. A rule 14 charge sheet was issued to the official and he died when
the case was under enquiry stage. What will be the fate of charge sheet?
Whether the family will bet pensionary benefits?
As
per the DOPT order dated 20.10.99. where a Government Servant dies during
the pendency of the inquiry(i.e) without charges being proved against him,
imposition of penalty is not justifiable. Therefore the disciplinary
proceedings should be closed immediately. Family of the official is fully
entitled to avail all the retirement / pensionary benefits as available to the
family of the deceased employee.
27. Whether the adverse entry in the confidential report is operative
in case the representation made against the same is pending with the appellate
authority?
Adverse remarks should not be deemed to be operative, if any representation
filed with in the prescribed limit is pending. Further, the
representation should be decided with in three months by the competent
authority.
28. What is the time limit for making representation against adverse
entry?
As
per the old rules, only one representation against adverse entries should be
allowed within one month of their communication. Even belated
representations may be considered if there is satisfactory explanation for the
delay ( DOPT order dt 31.10.61.). An appeal against rejection of
representation against adverse entries can be made with in six months after
such rejection. Now the CR system has been modified as APAR (Annual
Performance Assessment Report. As per the new schemes 15 days times for
the receipt of communication will be given.
29. An official was placed under suspension on flimsy reasons. He
has been awarded with only minor punishment under Rule 16. What is the
fate of suspension period?
Where the departmental proceedings ended with the imposition of minor
penalty against a suspended employee, the suspension can be said to be wholly
unjustified in terms of FR 54 ( B). There fore the employee
concerned should be paid fully pay and allowances for the period of suspension.
30. Whether any specific orders are required for declaring holiday’s
during General election? If not what are the provisions.
No Separate order is required. It should be declared as closed
holiday on the following circumstances.
i) In the notified areas where General election
to State Legislative assemblies scheduled to be conducted.
ii) In connection with by-elections to Loksabha/
State Assembly, the office shall not be closed. However the employees who are
bonafide Voters in the relevant constituency should be granted special casual
leave on the day of polling.
iii) Special CL may be granted to an employee who
is an ordinary resident of that constituency and registered as a voter but
employed outside the constituency having a general/by election.
31. Whether LDN( Leave Not Due) can be availed in
case one having E.L at his credit and wants to keep it for his retirement
benefits?
Yes. LND may be sanctioned in cases where credit in EL account is
available. However LND can be granted only on medical grounds and not for
private affairs.
32. How may days an official can avail Earned leave at a stretch?
Since 1990, it has been increased to 180 days.
33. Is the Service book of an official is a secret document? Is there
any provision to verify the entries there in by the official?
According the DG’s order Below SR 202, it is incumbent on every Government
servant to see that his service book is properly maintained. He should be
allowed to verify the entries periodically and affix his signature in token of
having accepted the entries made there in..
It
is necessary that one has to verify the service book every year and check
the entries made there in with a special reference to leave account and
service particulars .
A certified copy of service book
can also be obtained on Quitting service on payment of Rs 5/-
34. Whether the fitness certificate should be obtained from the
same doctor who certified the illness?
Not
necessary. The rules do not envisage that the fitness certificate should
be given by the same doctor who gave the medical certificate.
35. IF an official is directed for Second Medical Opinion to
D.M.O whether he is entitled to claim TA/DA?
AS
per Rules, any employee who has been asked to proceed to some other station for
second medical opinion, he should be granted T.A for the journey period and D.A
for a maximum period of two days calculated as on tour This facility is
allowed only in cases of Second medical opinion for grant of original leave and
not for extension of leave.
36. If the ward of official who is physically handicapped
studying in unrecognized institution is he entitled for tuition fees or not.
Tuition fees shall be reimbursed in case of physically handicapped/ mentally
retorted child irrespective of whether the school/ institution is recognized or
not, provided the institution and its fee structure is approved by
the Central State
37. An employee is having just five years of service for
superannuation. He applied for EL which has been rejected. It is
correct?
As
per DOPT orders dt 29.09.86, Earned leave should not ordinarily be denied to
any employee, especially in the last ten years of his carrier.
38. An employee posted at higher HRA station was
transferred to a lesser HRA station. His family continued to stay at old
station. What is his HRA entitlement?
As
per the MOF order dt 28.03.03, he is entitled to HRA at the rate
admissible at the old Head Quarters, if his family continue to reside there for
six months or till he is allotted or secured family accommodation at the new
headquarters. whichever is earlier.
39. Can an employee having mentally retarded children be posted
to the place of his choice?
As
per the Dopt orders dt 15.02.01, Such a request need to be considered
favourably to facilitate proper treatment of his child. .
40. Whether Special casual leave can be availed during Bunds,
riots strikes etc.?
Heads of the departments may grant special casual leave to employees residing
at places 5 K.M. away from their offices, when they are unable to attend office
due to dislocation of traffic arising out of bundhs, natural calamities …etc.
If the absence is due to picketing or curfew , special casual leave may
be granted to all the employees irrespective of distance
41. Whether casual leave can be combined with other kind of leave?
No. It cannot be combined with any other kind of leave. But CL can
be combined with Special C.L. Similarly Special CL can be combined with
any other kind of leave.
42. What are all the actions termed as sexual harassment on women
employees?
Sexual harassment
includes such unwelcome sexually determined behavior (whether directly or by
Implication) as:
a) physical contact and advances;
b) a demand or request for sexual favors;
c) sexually colored remarks;
d) showing pornography;
e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature
b) a demand or request for sexual favors;
c) sexually colored remarks;
d) showing pornography;
e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature
43.What is the time limit fixed for disposal of representation by the
nodal ministry?
The
Dopt Vide its Om dated
11.01.2002 stipulated that the representations of the officials should be
disposed with in six weeks. Representations requiring inter
departmental consultations should be disposed within three months. Final
reply should be self contained, Covering all points raised by the employee and
if rejected, grounds for rejection should be clearly given.
44. Whether two punishments can be imposed for the same lapse?
As
per the Dte letter dated 30.03.81 in a disciplinary case, two punishments
should not be imposed for the same offence. However recovery from pay can
be ordered for recovery of pecuniary loss caused to the government along with
any other penalty.
45. An official has submitted resignation but before
acceptance, he applied for withdrawal of the same? Whether it should be
considered or not?
If
the employee’s written intimation of withdrawing his letter of resignation
reaches the appointing authority before its acceptance his resignation will be
deemed to have been automatically withdrawn. If the resignation has been
accepted but the employee is not relived before his letter of withdrawal
reaches the appointing authority, he may ordinarily be allowed to withdraw his
resignation. If for some reason, the request for withdrawal is refused,
the grounds for refusal should be recorded and conveyed to the employee.
46. Whether legitimate Trade Union activities will attract CCS
rules?
The
Department has clarified vide its letter dated 06.10.95, that legitimate
union activity that does not violate CCS ( conduct) Rules 1964 & ED
(conduct & service) rules 1964 or other rules or instructions governing the
concerned employee should not lead to disciplinary action against the employee
and this should be strictly ensured.
47. Whether oral orders and instructions or to be obeyed?
i) Oral instruction should not, as far as
possible be issued by senior officers to their subordinates.
ii) IF the oral instructions are issued by any
senior officer, they should be confirmed by him in writing immediately
thereafter.
iii) if a junior officers seeks confirmation to
the oral instruction given by the senior , the latter should confirm it in
wiring whenever such confirmation is sought.
iv) A junior officer who has received oral
orders from his superior officer should seek confirmation in writing as early
as possible/ practicable.
48. Is there any provision to proceed against an employee on
anonymous complaint?
No
Rule 183 of Vol iii clearly stipulated that no action should be taken an
anonymous and pseudonymous complaint against any Government servants. But if
the complaint discloses very serious matter and contain verifiable facts then
necessary enquiry should be conducted. If such an inquiry reveals serious
irregularity on the part of the employee disc action can be taken
49. Whether the staff Quarters can be forcibly allotted to an employee
even though he has not offered his willingness?
No.
it should not be trusted upon any employee against his will and in the absence
of a written request for allotment of a Quarter from the employee.
However, it is mandatory for the employee to occupy the rent free post attached
Quarters. If he refused to occupy the same, no HRA can be drawn. This is
as per the Dte letter dt 11.07.2000.
50. Is there any
condition that the compassionate appointee should be maintain the family
properly?
Yes.
He should give an undertaking in wiring at the time of appointment that he will
main properly the other family members who were dependent on the Government
Servant and in case it is proved subsequently at any time that the family
members are being neglected or are not being maintained properly by him, his
appointment may be terminated forthwith.
51. Whether the divisional union can pursue the Reservation roster at
Divisional level?
As
per Chapter IV, rule 6 of Swamy’s compilation on Reservation &
Concession for SC/STs, the reservation roster is not a confidential document
and can be shown to individual officials /association and if necessary through
the liaison officer.
As
such, the divisional secretaries on request should be permitted to pursue the
roster once a year.
52. . Whether the departmental vehicles can be used to
admit an official for immediate treatment in case of serious illness?
As
per the DOPT order dt 19.10.82, the departmental vehicles can be provided to
such officials who may need emergent medical attention, while on duty.
If the departmental vehicle is not immediately available, maximum
possible assistance/ aid should be provided and the official moved to hospital
by engaging other transport, if necessary at the cost of the government.
53. Whether one officer from the department should be sent along with
the official who is summoned for interrogation by police?
When
a departmental official is required by the police officers for interrogation,
invariably a senior official like ASP/SDI/PRI(p) should accompany the official
and he should be remain there till the interrogation by the police is over
54. An official is having EL at his credit. He wants to keep it for
encashment on retirement. He has no HPL at credit. Can he be sectioned LND even
if EL is available at his credit?
The availability or other wise of Earned leave has no bearing on
sanction of LND. LND is nothing but advance credit of HPL that will be
earning in the rest of his service. So it may be sanctioned, provided
that there is every prospect of his earning that amount of HPL in his left over
service
55. What is the cut off date for the condition of having not more
than two surviving children for family planning Allowance?
The
order was issued on 06.07.1999 in which it was categorically stated that the
family planning allowances shall be admissible in future only to those C.
G employees, with not more than two surviving children. As such, the
condition is not applicable for those having more than two children prior to
06.07.1999. .
Further as per the rules this allowance is not available for those who under
went family planning operation after 50 years of age in case of male employee
and 45 years in case of female employee.
56. As EX Servicemen drawing pension was appointed as Postal
Asst. After his retirement he was drawing pension for his civil service
also. Whether his family is entitled for Family pension for both services?
No. Family pension can be availed for one service only army or civil
57 Whether an official can opt out of CGHS Scheme in case his spouse is
working in a private organization which provides medical facilities?
The
Government servant can opt out from CGHS in such a circumstances as per the
Government orders dated 04.08.1994. There is no compulsion to remain in
the scheme.
58. Whether there is any provision for stepping of pay in MACP
promotion in the case of junior getting more pay than the senior.
No. The MACP promotion is only personal to the official and the senior
cannot claim stepping up of his pay with junior. No pay protection is
provided at par with junior.
59. In one disciplinary case, the disciplinary authority awarded one
punishment. He desired to modify/ alter the punishment or withdraw the
charge. Is he competent to do that?
No.
As per Rule
29 of CCS (CCA) Rules 1965 the punishing authority is not competent to revise
or cancel his own order. But the appellate authority on an appal or on it’s own
accord can review & revise the order of disciplinary authority
60. Whether MACP beneficiary is entitled for pay fixation
benefits at the time of regular promotion?
If
the official got MACP before regular promotion and availed the fixation
benefits, there will be no fixation of pay at the time of promotion. In
such cases, the official will continue to draw the same pay, but the next
higher grade pay will be granted in case if the same is above the regular
promotions.
Further if the employee was offered regular promotion prior to the grant of ACP
but declined to accept such promotion, he is not entitled for ACP. Therefore
one should not decline regular promotion before exhausting all three ACP
Promotions.
61. Whether the official under currency of punishment can be
allowed to appear for departmental examination?
As
per the DG P& T letter No. 7/31/66 –SPB dt 25.06.65, if the
punishment is current, the authority should consider each case on its merits to
see whether a person should be promoted in- spite of the penalty imposed on the
basis of the results of the examination which he has passed.
Therefore, the officials under currency of punishment are eligible to appear
for the departmental examination.
Similarly, the officials against whom the disciplinary proceedings have been
initiated or under suspension should also be admitted to write the departmental
exam. However he will be promoted only after the disciplinary proceedings
is over and he is completely exonerated.
62. If an official who is under suspension is entitled for Family
Planning Allowance when his spouse undergoes family planning operation during
the suspension period?
It
cannot be drawn during the suspension period as per the existing rules.
However, on reinstatement after suspension, he is entitled to the allowance and
its date of effect depends on how the period of his suspension is treated.
63. Whether any excess payment of pay and allowances can be
recovered from the pension?
No. There is no provision to recover the excess pay and allowance from the pensioner vide GID (&) below Rule 73 of CCS (Pension) Rules, 1972. It is most pertinent to note that once the pension is authorized, it should not be revised to the disadvantage of the pensioner as per Rule 70 of the Pension Rules1972.
64. What is the duration to avail 15 days paternity leave from
the date of delivery of the child?
As
per the rules, it should be availed with in six months from the date of
delivery of the child.
65. What is the time limit for claming TA Bill?
As
per SR 194-A, it should be preferred within one year. For LTC, it should
be preferred within three months form the date of completion of return journey
and if advance is drawn, it should be preferred with one month.
66. Whether any Government dues can be recovered from the Group
Insurance (CGEGIS) amount?
No. According to Para 21.2
of the scheme promulgated in 1980, it is not permissible to adjust any
Government dues from the Group Insurance Scheme benefits
67. An official is on leave for one month from
10th of previous month to 9th of next month. Is
he is entitled for Transport allowance during the leave period or
not?
Yes. He is entitled for transport allowance. As per the orders dated
22.02.02 the transport allowance will not be admissible, if a govt servant is
absent from duty for a full calendar month(s)due to leave, training, tour etc.
in this case the leave period is spread over in two calendar months.
68. Whether the officials granted MACP promotion will continue to
hold the original post or entitled to hold any promotional post and entitled to
other privileges available to the higher post?
As
per the MACP Scheme, the employees granted Financial up gradation(i.e) higher
pay grade/ band shall continue to hold the original post on regular basis with
the same designation, classification, duties and responsibilities without
conferring any privileges related to higher status. On up gradation they will
be eligible for LTC, allotment of Quarters etc.
69. Can the Government Servant prefer ROHSC claim for his
dependent son who is above 25 years of age?
As
per the OM dt
17.09.99, the medical facilities will continue to be available to sons who are
dependent on Government servant irrespective of their age. So, the claim
may be preferred.(TO BE CHECKED UP)
70. Whether the widowed daughter is entitled for family pension
without any age restriction?
As
per the existing provisions under Rule 54 of CCS pension Rules 1972, widowed
daughter is eligible for family pension without any age restriction subject to
fulfilment of other conditions.
71. What is the age limit of the wards for claiming Educational
Assistance?
The
ward should not cross the age of 18. ? However in case of physically/
mentally handicapped children, they are entitled for the benefits up to the age
of 22 years as per the OM. Dated 21.03.2006.
72. Is there any provision to apply for conversion of leave at
any time or before the date of retirement as was the earlier practice?
As
per the Rule10 (1) of CCS (leave) Rules 1972 , the request for conversion of
one kind of leave into another should be submitted within a period of 30 days
after joining the duty on expiry of relevant spell of leave. The earlier
practice of applying conversion of leave at any time has been withdrawn.
73. In continuation of maternity leave, an official is availing
EOL. Whether the EOL period will be treated as Qualifying Service?
The
maternity leave, as per rules, will be treated as qualifying service.
However EOL in continuation of ML without medical certificate will not count as
qualifying service for increment/ pension.
74. What is the minimum contribution towards GPF subscription? Whether
the amount can be altered by the DDO’s?
As
per Rule 8(b), the subscription towards GPF should not be less than 6% of
emoluments and not more than total emoluments. (Pay+ Grade pay) The DDO’s
do not have any right to alter the subscription fixed by the Government Servant.
75. An official is deputed to an office and he is Drawing Daily
Allowance for 180 days. Thereafter he has not been paid with any TA/DA.
Is it correct?
As per SR 116, the transfer grant is admissible only if change of residence is
involved. After 180 days, he can claim T.A bill by changing his residence to
the newly posted station. But daily allowance will be entitled only up to
180 days.
76. If an employee dies during suspension period, family of the
employee will be entitled to the family pension or not?
According to FR 54 (B) (2), where a Government servant under suspension dies
before the disciplinary proceedings instituted against him are concluded, the
period between the date of suspension and the date of death shall be treated as
duty for all purposes. His family should be paid fully pay and allowances for
that period he would have been entitled had he not been suspended. Naturally
his family will be entitled for family pension and death gratuity.
77. If one postmen is having the qualifying service of 9 years 10
months. Is he entitled to pension?
Yes. Certainly he is entitled. As per Rule 49 of CCS (pension) Rule 1972 , the
period of three months and above but less than six months is to be treated as
qualifying service of six months for determining pension. Hence all who
are having the qualifying service of 9 years 9 months and above should be
treated as ten years of qualifying service and they are entitled to pension.
78. An employee, after the end of Disciplinary proceedings under
Rule 14 was dismissed/ removed .In such case, whether he can avail the benefit
of leave encashment for the leave at credit in his account?
No. The official is not entitled. As per the Rule 9, the leave at credit
is treated as lapsed on the date of removal/ dismissal . There is no
question of any leave encashment.
79. Whether change of option for availing either CGHS medical
facility or Medical Allowance is allowed to the pensioners? If so, how
many times he can change the option?
As per DOP & PW OM dt
30.12.98, one change in option in the life time of a pensioner shall be
allowed. As such he can change the option once.
80. When the period of suspension is treated as duty for all purposes,
whether the concerned official is entitled for increments during that
period?
Yes. When the suspension period is treated as duty for all purposes, his
pay and increments etc are to be regulated as if he was on duty.
81. An official who is under suspension is convicted by a court
of law. Whether he can continue in service after compilation of
punishment awarded to him?
A notice should be served on the official asking him to state as to why he
should not be dismissed/removed from service on account of his conviction in a
court of law. On receipt of the reply, the disciplinary authority should
carefully examine as to whether the offence committed by him is serious enough
to dismiss him from service. Then take appropriate action as per Rule……… (see reply
to question No 8 also)
82. An employee committed suicide while in service, whetherl the family
is entitled for family pension and other retirement benefits?
Yes. Family is entitled to family pension and death gratuity
83 How an order of reduction of pay/ grade is to be worded?
The order of penalty of reduction to a lower grade should specify the
following:-
i) The date from which it will take effect and
the period for which the penalty shall be operative.
ii) The stage in the lower time scale in which
the pay is to be be fixed.
iii) Whether the period of punishment will
postpone future increments or not.
All the above should be specifically furnished in the punishment order.
84. Whether the wife living separately is entitled for family pension?
Unless the marriage is terminated with divorce decree by the
court of law, the wife is eligible for family pension, irrespective of the fact
whether she was living with him or not.
85. A pensioner who commuted his pension expired before
completion of 15 years; will the commuted pension for the remaining years,
recovered form the family pensioner?
No.
The portion of pension should not be recovered from the family pension.
The family pension is payable in full to the beneficiary.
86. Recovery of CGHS contribution is with reference to the place
of residence or to the place of posting?
Recovery of CGHS contribution is with reference to the palace of residence of
the official and not with reference to the place of posting.
87. Whether it is compulsory to nominate the suppose for GPF?
According to GPF (CS) Rules any member of the family can be nominated.
Similarly for Group Insurance scheme, the Government Servant can nominate
any one of his family member.
88. Whether commuted leave can be granted without production of medical
certificate?
No. Production of medical certificate is mandatory to avail commuted
leave even for one day.
89. Whether the leave sanctioning authority can alter the nature
of leave applied for by the official?
The
leave sanctioning authority shuld not alter the nature of leave applied by the
official.
90. Whether Pension amount can be attached by the court?
As
per the Pension Act 1971, Pension is not attachable by any court of law, even
if the decree is for maintenance.
91. Now the annual increment for every 1st July.
If any Dies non for a single day is awarded during one year from July to June
next year, will it not postpone the increment for another one year?
No. As per the Rule 10 of CCS (RP) Rules 2008, an official who has
completed six months qualifying service will be entitled for next
increment. As such Diesnon, EOL without MC up to 6 months will have no
effect in postponing the increment.
92. An official , after completing full tenure is transferred to
another station at request. Whether he is entitled to claim TA/DA for his
transfer?
The
Department vide its letter dt 18.12.95 clarified that the officials transferred
after the completion of full tenure are entitled for TA and transit. This
is effective from 18.12. 95.
93. Whether a transfer order issued by an authority, competent to
issue such orders can cancel that order?
As
per Directorate orders dt 06.01.82, the transfer orders once issued may be
cancelled by the same authority in the interest of service. However he
will inform the same to next higher authority with reasons for his intention to
cancel the orders. If no reply is received with in 7 days, he can cancel
the transfer orders.
94. Whether an official completes tenure in one office seeking for
postings as Treasurer in the same office, will it be considered?
If
an official who has completed full tensure may be allowed to work as treasurer
even tough he has done a full tenure in the same office in aother post.
95. An eligible official has been ordered to officiate in higher post
for 10 days first and subsequently officiating arrangement is extended for
another ten days. Whether he is entitled to draw higher pay for the
officiating period?
Eligibility to
draw officiating pay is dependent on the number of days for which the post was
available for officiating arrangement, either due to leave of permanent
incumbent or due to some other reasons. If the arrangement is for 14 days or
more than all those who have worked in that post will have to be paid the pay
and allowances attached to the post irrespective number of days they worked in
that post.
96 Whether the Circle or Divisional head is empowered to convert
a post attached quarters for other purpose?
As
per the Directorate orders dt. 06.05.03, the Head of Circle is competent, to
convert a post attached quarters for other purpose?
Similarly, the suspension of quarters beyond 90 days enabling the SPM to draw
HRA due to inhabitant quarters shall be exercised by the circle head
only. There is no need to forward such cases to Directorate now.
97. Whether the Divisional head who is having five months service
left for his superannuation can issue rotational transfers?
The
Divisional Superintendents retiring with in a period of six months must obtain
prior written approval of their DPS/PMG before issuing any transfer/ posting
orders and appointment of ED agents as per the Dte. Orders dt -07.1992.
This order is again reiterated on 12-06-1996. As such no transfer order can be
issued by him without the approval of DPS.
98. Whether preference can be given to physically handicapped
employees in transfers?
Yes.
As per 26.07.90 orders, the requests from physically handicapped employees for
transfer to their place of choice or to their native place will have to
be considered . This was again reiterated by the DOPT on 13-03-2202.
99. Whether recovery of pay is a bar to promotion?
As
per Dte. Letter No. 22-.12-87 , there is no bar to one being prompted
While the recovery is in progress because such promotion will not affect the
enforcement of the penalty.
100. One Sub Pm provided with post attached
quarter’s retired form service. Whether he should vacate the quarters on
the date of retirement or keep it for sometime?
As per the directorate orders dt 18-04-81,he may be allowed to retain
the post attached quarters for a period of two months on payment of normal rent
101. Is there any preference in allotment of
P&T community halls for postal employees
As per the Dte.
Orders dt 02.06.84, the P & T employees should get preference in allotment
of the community halls for their own use, before the requests of the outsiders,
sponsored by another P & T employee.
Thanks to
Sri. Sri kantakr, senior
postmaster
sri. shivu
rt nagar
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