DOP&T ISSUED ORDERS ON MACP TO STAFF CAR DRIVERS. COPY OF ORDERS IS PUBLISHED BEOLW:-
Extension of Modified Assured Career Progression Scheme(MACP) to Staff Car Drivers of Central Government

No.35011/03/2008-Estt (D)
Government of India
Ministry of Public Grievances and Pensions

(Department of Personnel & Training)
Establishment (D)North Block,

New Delhi Date: 30th July, 2010

OFFICE MEMORANDUM

Sub: Extension of Modified Assured Career Progression Scheme to the Staff Car Drivers of

Central Government.

The undersigned is directed to refer to this Department's O.M. No.35034/3/2008-Estt. (D) the 19th May,2009 regarding introduction of Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees and to say that para 13 of Annexure-I of the Scheme provides that Existing time-bound promotion scheme, including in-situ promotion scheme. Staff Car Driver Scheme or any other kind of promotion scheme existing for a particular category of employees in a Ministry/Department or its offices, may continue to be operational for the concerned category of employees if it is decided by the concerned administrative authorities to retain such Scheme, after necessary consultations or they may switch over to the MACPS. However, these Schemes shall not run concurrently with the MACPS.

2. In pursuance of the decision taken in the meeting of the Departmental Council (JCM) of Department of Personnel & Training held on 08.05.2010 in respect Agenda Item No. 57.31, it has been decided in consultation with the Department of Expenditure, the benefits of the MACPS shall also be extended to the regular Staff Car Drivers of the Central Government Ministries/Departments/Offices, as a fall back option, if they are unable to get promotion within the percentage based present system.

3. Para 13 of the Annexure-I of the MACPS accordingly stands modified to this effect. In other words, the Staff Car Driver Scheme and the MACPS shall run concurrently.

4. All Ministries/Departments may give wide circulation to this decision for general guidance and appropriate action in the matter.

5. Hindi version will follow.

Regulation of journeys by private airlines while availing Leave Travel Concession to Jammu & Kashmir

No.31011/2/2003-Estt.(A)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training******
Dated the 5thAugust, 2010

OFFICE MEMORANDUM

Subject: Regulation of journeys by private airlines while availing Leave Travel Concession to Jammu & Kashmir.

After issue of DOPT O.M. No.31011/2/2003-estt.(A) dated 18/6/2010 regarding relaxation for travel by air to visit J&K, clarifications have been sought by Government servants/various Ministries/Departments from time to time. The doubts raised by various authorities have now been clarified by Ministry of Finance (Department of Expenditure) as under:-
Point raised
Clarification
1
Whether entitled officers can travel by Private airlines to J&K ?

Yes. Travel by private airlines is available to all the categories of Government employees including those entitled in travel by Air.

2 Whether the restriction of LTC 80 fare of Air India will apply in these cases ?

LTC 80 fare would apply to all cases including those entitled to travel by air irrespective of their airlines.

3. This issues in consultation with Ministry of Finance (Department of Expenditure) vide their I.D. No.821838/SO-E.IV/2010 dated 3rd August, 2010.

s/d

(P.Prabhakaran)

Deputy Secretary to the Government of India

The Department has constituted a Committee for examination of cadre restructuring on 06.08.2010. The Committee will submit its report within three months.
The copy of the order is furnished hereunder

Government of India

Ministry of Communications & IT

Department of Posts(SR Section)
Dak BhawanParliament StreetNew Delhi – 110001

No. 1/4/2010-SR Dated – 6th August, 2010

Subject: - Secretary (P)’s meeting with Postal Joint Council of Action on 12.07.2010 – Item No. 6 – Cadre Restructuring of Group ‘C’ employees, other than Accounts Cadres – Constitution of a Committee

This has reference to minutes of Secretary (P)’s meeting dated 12.07.2010 circulated vide No. 08/02/2010-SR dated 14.07.2010 on the above-mentioned subject.

2. As per decision taken in regard to item No. 6, dealing with cadre restructuring of Group ‘C’ employees, other than Accounts Cadres, a Committee comprising the following is constituted to examine the issue.

DDG (Estt) – Chairperson

Official Side

DDG (P)

Director (SPN)

Staff SideShri. K. V. Sridharan, GS, AIPEUG – ‘C’

Shri. Giri Raj Singh, GS, AIRMS & MMS EU Group ‘C’

Shri. D. Kishan Rao, GS, NAPE Gr. ‘C’
Shri. D. Theagarajan, General Secretary of National Union of RMS & MMS Group ‘C’ will attend the meetings of the Committee as an observer.

3. The Committee will submit its report within 3 months of its formation.

Sd/-

(Subhash Chander)

Director (SR & Legal)

Demand of CHQ seeking clarifications on Hostel Subsidy & Reimbursement under Children Education Assistance now issued. This is also one of the demands in JCM Departmental Council

No.33-4/2010-PAP

Government of IndiaMinistry of Communications & IT

Department of Posts(Establishment Division)
Dak Bhawan, Parliament Street

New Delhi – 110001Dated 21.07.2010

All Chief Postmasters General

All Postmasters General

All Directors of Accounts (Postal)

Sub: - Grant of Hostel subsidy and Children Education Assistance

Sir/Madam,

Representations have been received from the staff side that:

(i) In many circles, the Hostel Subsidy has not been sanctioned to the officials as per the OM No 12011/03/2008-Estt (Allowance) dt. 2.9.2008(ii) that the officials are entitled for reimbursement of all fee paid for children like imparting music or any other subject fee for the use of any aid or appliance extra-curricular activities, besides reimbursement of one set of text-books and notebooks, 2 sets of uniform and one set of school shoes, etc. However, the reimbursement has not been made for the above item for want of separate orders from the Directorate about the modalities. He requested the Directorate for issue of clarifications to circles

.2. The issues raised by the staff side have been examined and in consultation with the Department of Personnel and Training. The Department of Personnel and Training vide their U.O. No. 12011/05/2010-Estt (Allowance) dt. 05.07.2010 intimated that, it has been clarified vide OM NO. 12011/03/2008-Estt (Allowance) dt. 11-11-2008 that “hostel subsidy means expenses incurred by the Government servant if he has to keep his children in the hostel of a residential school away from the station at which he is posted or is residing. There are no further conditions attached to it. Further the OM no. 12011/03/2008-Estt (Allowance) dt. 2-9-2008 has been issued in supersession of the earlier orders. Therefore for payment of Hostel subsidy, the condition required to be fulfilled is keeping his children in the hostel of a residential school away from the station at which he is posted or is residing and it is not linked to transfer of Government servant as clarified by the Nodal Ministry. Further, as per OM No. 12011/03/2008-Estt. (Allowance) dated 02.09.2008, both Hostel Subsidy and Children Education Assistance cannot be availed concurrently.

3. In regard to point no. 2 raised by the Staff side, attention of the circles is invited to OM no. 12011/03/2008-Estt (Allowance) dt. 02.09.2008 wherein reimbursement items that can be claimed were detailed as:“Tuition fee, admission fee, laboratory fee, special fee charged for agriculture, Electronics, music or any other subject, fee charged for practical work under programme of work experience, fee paid for the use of any aid or appliance by the child, library fee, games/sports fee and fee for extra-curricular activities This also includes reimbursement for purchase of one set of text books and note books, two sets of uniforms and one set of school shoes can be claimed for a child in a year”.However, all these items are within the Annual Ceiling of Rs.12000 subject to production of cash receipts and other conditions prescribed by the Nodal Ministry in the said OM.

4. It is requested to bring these instructions to the notice of all concerned for scrupulous observance and strict compliance.

Yours faithfully,

Sd/-

(K. Rameshwra Rao)

Assistant Director General (Estt)

Revaluation of Answer Sheets – Department’s recent instructions
Government of India

Ministry of Communications & I Technology

Department of Posts(DE Section)
Dak Bhava, Sansad Marg,New Delhi – 110116

No. A-34018/10/2010-DE Dated – 02.08.2010

To,1. All Heads of Circles

2. Addl. D G APS, West Block III, Wing No. 5, R.K. Puram, New Delhi – 1100673.

3.BD and PLI Directorates

4. Directors, Postal Staff College India, Ghaziabad and PTCs

Sub: - Revaluation of answer papers – judgment pronounced by Hon’ble Supreme Court in the Civil Appeal No. (s) 897 of 2006 and 907 of 2006 between Himachal Pradesh Public Service Commission (Appellant) and Mukesh Thakur & Anr (Respondents).

Sir/Madam,

I am directed to enclose copy of the subject cited judgement of Hon Supreme Court of India.

2. Consequent on introduction of RTI Act 2005 and the directions of the CIC to supply photocopies of answer papers to the candidates, filing of Court cases in the Tribunals has increased enormously. Various CAT Benches are also directing the Department to get the answer papers revaluated on filing writ petitions in the High Courts against the orders of the CAT Benches, the High Courts are also disposing off the cases saying that they don’t want to interfere in the matter. It is stated that Rule 15-Appendix-37 of Postal Manual Volume-IV clearly stipulates “Revaluation of answer script is not permissible in any case or under any circumstances”. Thus it is not permissible to consider requests after declaration of results as it will not only cause great inconvenience to the examination process and also cause hindrance to the administration in the absence of vacancies of particular category viz; OC, SC, ST etc under departmental quota but also be against the spirit of ibid Rule.

3. It may be seen that representations requesting for revaluation of answer papers are being received in this office specifically pointing out the following grievances:

(i) Particular answer (s) were not evaluated

(ii) Excess attempted answer (s) were not evaluated

(iii) For the same answer (s), the examiner awarded marks to one candidate and to another candidate no marks were assigned or the answer struck off as wrong

(iv) All the answers were evaluated but justified marks were not awarded by the examiner

4. The issues indicated at (i) to (iii) above are justified and need to be examined by the competent authority to find out the facts and if the claim of the candidate appears to be genuine, revaluation may be got done by an independent examiner in such cases and further necessary action may be taken. In so far as the issues indicated at (iv) above, there is no need to consider such requests and merits rejection at the initial stage itself.

5. In the similar situation in the Civil Appeal No. (s) 897 of 2006 and 907 of 2006 between Himachal Pradesh Public Service Commission (Appellant) and Mukesh Thakur & Anr (Respondents), Hon. Supreme Court of India has upheld the plea of the Himachal Pradesh Public service Commission rejecting the request of a candidate for revaluation. In the light of the judgment of Hon. Supreme Court, it is requested to review all pending court cases filed in various CAT Benches/High Courts by the candidates of various departmental examinations seeking directions for revaluation and declaring them as successful on the pretext that the evaluation was not done properly by the examiners and file suitable interim replies in the courts producing the copy of the Supreme Court judgement seeking dismissal of the cases. All pending representations received from the applicants seeking revaluation of answer papers covered under item (iv) of para 3 above may also be disposed off at the Divisional/Regional/Circle level as the case may be without forwarding the same to the office.

6. This issues with the approval of Member (P)

7. The receipt of the letter may please be acknowledged

Yours faithfully,

Sd/-

(L. Mohan Rao)

Assistant Director General (DE)

Calender of Departmental Examinations for the year 2010

Exam for LGOs for PA/SA cadres & PAs cadre in COs & ROs - 10th October 2010
LDCs to Junior Accounts in PAO - 12th to 14th November 2010
Confirmation Exam for Dr. Jr Accounts in PAO- 10th to 12th December 2010
Inspector of Posts Exam 2010 - Details of papers. Subjects, time table Date of
the Examinations will be intimated
later
A.E. ( C & E ) Exam --------do------
J.E. (C & E ) Exam --------do------
PS Group 'B' Examination, 2010 ---------do-------

SUPREME COURT JUDGMENT ON RRR
Supreme Court Judgment-RRR Candidates

(Tamil Nadu circle)
ITEM NO.53(PH) COURT NO.9 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL NO(s). 7773 OF 2009
Civil Appeal NO. 7779 of 2009
(With appln.(s) for C/delay in filing SLP)
Civil Appeal NO. 5131 of 2005

Date: 30/07/2010

These Appeals were called on for hearing today.
UPON being mentioned, the Court made the following

O R D E R

Civil Appeal No.5131 of 2005 arising out of SLP(C) No.19587 of 2003 is delinked from other matters.The remaining appeals are disposed of in terms of the signed order.

(Sukhbir Paul Kaur) (J.P. Sharma)Court Master Court Master
(Signed Order is placed on the file)

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7773 OF 2009
UNION OF INDIA & ANR. ...APPELLANTS
VERSUS
M. NALLAVAN ... RESPONDENT

O R D E R

We have heard learned counsel for the parties.

During the course of hearing of this batch of appeals, the appellants represented by the Director(Staff), Ministry of Communication & I.T., Department of Posts filed an additional affidavit which may put an end tothe controversy between the parties. In fact, the said additional affidavit has been filed pursuant to certain observations made by this Court while hearing the appeals.

It is evident from the affidavit that the entire matter was reconsidered by the Department and upon such reexamination based on humanitarian considerations, found that out of 204 respondents in all 202 respondents working in the Department against short term/leave vacancies can be accommodated against compassionate appointment vacancies for the years 2000-01 to 2009 as per the departmental guidelines. However, in the case of Postal Assistants (PA)and Sorting Assistants (SA) cadre, according to the Ministry, the number of vacancies is not enough to accommodate all of them in the cadre. It is stated that the number of vacancies earmarked for this period is only 113 whereas the number of respondents claiming the relief is 152. However, it is stated that as a one time measure, the Department is willing to accommodate them against residual vacancies of the Department. The statement made in the affidavit is made part of the record directing the respondents to act upon the same

In the circumstances, the appellants are directed to regularize the services of all the 202 respondents who are working in the Department against short term/leave vacancies with effect from their date of appointment

However, the respondents shall not be entitled for payment of any arrears on account of such regularization. But their pay and pensionary benefits are protected.
In view of this order, it is made clear that the findings recorded by the Tribunal and as well as the High Court with regard to the interpretation of office memorandums and circulars of the Department are set aside and those findings and observations shall not be treated as precedent for the purpose of any other case or cases that may be pending.

The questions of law, if any, are left open.

The appeals are accordingly disposed of without any order as to costs. The interlocutory applications are accordingly allowed.

(B. SUDERSHAN REDDY) (SURINDER SINGH NIJJAR)NEW DELHI, July 30, 2010