PROMOTION OF GOVERNMENT SERVANTS FOUND FIT BY REVIEW DPC AFTER RETIREMENT – PROCEDURE AND GUIDELINES TO BE FOLLOWED.
No 22011/3/2013-Estt (D), dated 15th November 2018 Ministry of Personnel, Public Grievances and Pension Department of Personnel & Training.
The undersigned is directed to invite reference to this Department’s OM of even number dated 25.1.2016 which deals with the grant of notional promotion to a Government servant exonerated in a disciplinary proceedings after retirement. However, the cases of Government servants who are found fit by review DPC after their retirement on account of revision of seniority list of the feeder cadre, upgradation of below benchmark APARs etc. are not covered under the said OM. These cases have now been examined and it has been decided to lay down procedure as narrated in subsequent paragraphs for dealing with such cases.
2. A Government servant who is not recommended in the panel by the original / supplementary DPC but later on is recommended in the panel by a review DPC but has since retired may be given the benefit of notional promotion w.e. f. the date of promotion of his immediate junior in the reviewed panel and fixation of notional pay subject to the fulfillment of the following conditions:
(i) That the officer who is immediate junior to the retired Government servant assumed charge of the higher post on or before the date of superannuation of the retired Government servant.
(ii) That the said retired Government servant was clear from vigilance angle on the date of promotion of his immediate junior.
(iii) A retired Government servant who is considered for notional promotion from the date of promotion of his immediate junior on the recommendation of a review DPC would also be entitled to fixation of pension on the basis of such notional pay.
(iv) The notional promotion, notional pay fixation and revision of pension shall be further subject to extant rules on promotion, pay fixation and CCS (Pension) Rules, 1972, Actual increase in pension shall be given only from the date of approval of reviewed panel by the competent authority. No arrears shall be paid.
3. The provisions contained in this Office Memorandum shall become operational from the date of issue of this Office Memorandum. Past cases settled in accordance with the earlier provision shall not be reopened.
4. In so far as persons serving in the Indian Audit & Accounts Department are concerned, these orders issue after consultation with the Comptroller & Auditor General of India.
(G.Jayanthi)
Joint Secretary (E.I)
Daily Wagers Entitled To Minimum
Wages Applicable To Regular Employees Holding The Same Post, Reiterates SC
[Read Judgment]
The Appellants are entitled to be paid the minimum of
the pay scales applicable to regular employees working on the same posts.’
The Supreme Court on Wednesday reiterated that
temporary employees are entitled to draw wages at the minimum of the pay scales
which are applicable to the regular employees holding the same post.
The bench allowed appeals filed by daily rated
workers employed in Group ‘D’ posts in the Forest Department in Uttar Pradesh
against Allahabad High Court judgment that had dismissed their pleas.
The high court had relied on Supreme Court judgments
in State of Haryana v. Tilak Raj and State of Punjab v. Surjit Singh to hold
that the daily wagers are not entitled to the minimum of the pay scales.
Before the bench, the appellants placed reliance on
an earlier decision by a three-judge bench of the apex court in State of U.P.
& Ors. v. Putti Lal, in which the apex court had affirmed a high court
judgment that held that the daily-rated wage workers shall be paid at the
minimum of the pay scales was affirmed by this court on the principle of equal
pay for equal work.
The bench also noticed a judgment in State of Punjab
vs. Jagjit Singh which had relied on Putti Lal (supra) and held that temporary
employees are entitled to draw wages at the minimum of the pay scales which are
applicable to the regular employees holding the same post.
Allowing the appeals and holding that these daily
wagers are entitled to be paid the minimum of the pay scales applicable to
regular employees working on the same posts, the bench said: “In view of the
judgment in Jagjit Singh (supra), we are unable to uphold the view of the High
Court that the Appellants-herein are not entitled to be paid the minimum of the
pay sales. We are not called upon to adjudicate on the rights of the Appellants
relating to the regularization of their services. We are concerned only with
the principle laid down by this Court initially in Putti Lal (supra) relating
to persons who are similarly situated to the Appellants and later affirmed in
Jagjit Singh (supra) that temporary employees are entitled to minimum of of the
pay scales as long as they continue in service.”
The bench then directed the state to make payment of
the minimum of pay scales to these daily wagers with effect from this December
1.
Read the Supreme Court Judgement dated 14.11.2018.
