COMMISSIONING MOTHER ENTITLED TO MATERNITY
Ministry of Personnel, Public Grievances & Pensions
Maternity Leave and Pension
Hon’ble Delhi High Court vide its judgement dated 17.07.2015 in the Writ Petition (C) No. 844/2014 – Rama Pandey vs. Union of India &Ors., has laid down that a female employee, who is the commissioning mother, would be entitled to apply for maternity leave. Department of Personnel and Training, after examination of the judgement, has circulated it to all Ministries/Departments for wide publicity vide Office Memorandum dated 29.01.2018.
In accordance with the Office Memorandum No. 1/13/09- P&PW (E) dated 19th July, 2017, family pension would also be granted to a divorced daughter from the date of divorce in cases where the divorce proceedings had been filed in a competent court during the life-time of the employee/pensioner or his/her spouse but divorce took place after their death, subject to fulfilment of all other conditions for grant of family pension.
No centralized data regarding grant of pension/family pension by the various Pension Disbursing authorities is maintained.
This was stated by the Minister of State for Personnel, Public Grievances & Pensions and Prime Minister’s Office, Dr. Jitendra Singhin a written reply to question in the Lok Sabha today.
Source: PIB (23.03.2018)
Ref: Confdn/Genl/2016-19 Dated – 20.03.2018
Shri Narendra Modi Ji
Hon’ble Prime Minister of India
New Delhi – 110001
Sub: - Abolition of Posts lying vacant for more than five years – reg.
Ref: - (1) Govt. of India, Ministry of Finance, Department of Expenditure OM No. 7 (1)/E. Cord-1/2017 dated 16th January 2018.
(2) Govt. of India, Ministry of Home Affairs OM No. 19011/01/2015-Fin.II (Pt.) dated 19th January 2018.
This representation is submitted with the most fervent hope that the Hon’ble Prime Minister will be condescend to intercede on behalf of the 32 lakhs of Central Govt. Employees who are very much aggrieved by the above mentioned orders of the Finance Ministry and Home Ministry.
Sir, It is with much shock and dismay the Central Govt. Employees came to know about the above mentioned orders of the Finance Ministry, Department of Expenditure to abolish all posts lying vacant for more than five years in all departments of Govt. of India. In this regard we would like to submit the following facts for your benign consideration and favourable orders.
(i) Post are lying vacant for more than five years, not because that there is no work load justified for retention of such posts. It is because of the dismal failure of the authorities to take timely and prompt action to complete the recruitment process to fill up those posts in a time bound manner. Due to this inordinate delay in filling up of those vacant posts, the remaining staff are compelled to do the work of those posts also. The abnormal delay in completing the recruitment process by staff Selection Commission is also a main reason for posts remaining unfilled for years together. In some cases, outsourced contract and casual employees are working for years together against those vacant posts. Thus it can be seen that a blanket order to abolish all posts lying vacant for more than five years is unrealistic and not rational.
(ii) Posts are created after assessing the workload based on time-tested parameters and time tests. Abolishing such posts, in a most mechanical manner, even without re-assessing whether present workload justified retention of such posts by carrying out establishment review, will lead to imposing of heavy workload on the existing staff on a permanent measure which may create a chaotic situation in Govt. offices as the efficiency of offices may be adversely affected due to unbearable workload.
(iii) It may be pointed out that it is during the last NDA Govt’s time in May 2001 executive orders were issued to abolish 2/3rd (two-third) of all direct recruitment vacancies based on annual Direct Recruitment Plan in all departments without assessing whether the posts are justified or not. Lakhs of posts are abolished during the period from 2001 to 2008. Finally Sixth Central pay Commissions severely criticized the Govt’s policy of abolishing direct recruitment vacancies and opined that this has led to an “ageing bureaucracy” and strongly recommended to withdraw the abolition orders. Accordingly Govt. has withdrawn that orders and DOP&T has issued orders for filling up of all vacant posts.
(iv) It is most unfortunate that again the present NDA Govt. has issued another orders in 2018 to abolish all posts lying vacant for more than five years without giving any consideration to the facts as to what is the reason for posts remaining vacant for such a long period, whether there is justification for retention of those posts as per establishment review etc.
In view of the above facts, I, on behalf of the Central Govt. employees, most humbly request the Hon’ble Prime Minister to intervene immediately so that the orders issued by Finance Ministry will be reviewed in an objective, dispassionate and rational manner and be either withdrawn or kept in abeyance.
& Member, Standing Committee
National Council, JCM