REFRESH POSTAL
RULING - AT
A GLANCE
1. 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
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.
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