Thought for Today, 12 th June 2018

Be careful what you say. You can say something hurtful in ten seconds, but ten years later, the wounds are still there.

Saturday, December 29, 2012

Extension of the revised orders on encashment of Earned Leave and Half Pay Leave to industrial employees.

No. 12012/3/2009-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi, Dated the 28th December 2012
OFFICE MEMORANDUM
Subject: Extension of the revised orders on encashment of Earned Leave and Half Pay Leave to industrial employees.
The undersigned is directed to state that the matter regarding extension of revised orders on encashment of Earned Leave and Half Pay Leave lo industrial employees at par with the non industrial Central Government employees covered by the CCS (Leave) Rules. 1972 has been under consideration of this Department. It has been decided in consultation with the Ministry of Finance (Department of Expenditure) to extend the provision of this Department’s OM No.14028/3/2008-Estt (L) dated 25th September 2008, mutatis mutandis to industrial employees of Ministries/Department other than Railways.
Accordingly, industrial employees shall be entitled to encash both Earned Leave and Half Pay leave, subject to overall limit of 300. Cash equivalent payable for Learned Leave shall continue unchanged. However, cash equivalent payable for half Pay Leave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefit payable. To make up for the short fall in Earned Leave, no commutation of Half Leave shall be allowed. This Department’s OM No. 14028/25/94-Estt.(L) dated 7th October, 1996, stands amended to this extent.
2.These order shall take effect from the date of 07.11.2006, the date from which accumulation and encashment of 300 days EL were allowed to them and subject to the following conditions :-
(i) The benefit will be admissible in respect of past cases i.e. relating to period w.e.f. 07.11.2006 to till date, on receipt of applications to that effect from the pensioner concerned by the Administrative Ministry concerned.
(ii) In respect of retirees (retired after 07.11.2006), who have already received encashment of earned leave of maximum limit of 300 days together with encashment of HPL, standing at their credit on the date of retirement, such cases need not he reopened. However, such cases of Government servant considered as industrial employees retiring after 07.11.2006, in which there was a shortfall in reaching the maximum limit of 300 days can he reopened.
3. Hindi version will follow.
sd/-
(Vibha G.Mishra)
Director

Monday, December 10, 2012

List of Holidays in 2013 notified by Government of Maharashtra

General Administration of Government of Maharashtra has notified the holidays in 2013 vide their notification date 5 th december 2012. The said notification is available on this blog at S.N.69 in the table underheading " Recently issued G.Rs. & Circulars.Those interested can get it downloaded.

Thursday, December 06, 2012

Important G.Rs and Circulars issued in November 2012

The following important G.Rs and Circulars issued by Governent of Maharashtra are available at serial no 66. 67. and 68  in the table under title " Recently issued GRs. and Circulars.


1) महाराष्ट्र लोकसेवा आयोगांकदून होणा-या भरती/ शिफारशीस न्यायालयाकडून स्थगिती मिळू नये म्हणून करावयच्या उपाययोजनांबाबत दि. 23-11-2012

2) राज्यातील जिल्ह्याच्या ठिकाणी ग्रंथोत्सव आयोजित करण्याबाबत दि. 26 11-2012

3) सहकार क्षेत्रात उत्कॄष्ट काम करणा-या सहकारी संस्थांना पुरस्कार देऊन करण्याबाबत
दि. 29-11-2012

 The above circulars and G.Rs. can be downloaded by those who are interested in them .

Thursday, November 29, 2012

निवृत्ती वेतनधारक व विभागीय कार्यवाही

शासकीय कर्मचारी सेवानिवृत्त झाल्यावर त्याचेविरुध्द चालू असलेली विभागीय चौकशी संपुष्टात येते काय, सेवानिवृत्तीनंतर विभागीय कार्यवाही चालू करता येते काय व त्याचा निवृत्ती वेतनावर काय परिणाम होतो . यासंदर्भात महाराष्ट्र नागरी सेवा नियमात नेमक्या काय तरतुदी आहेत याबाबतची विचारणा अधिकारी, कर्मचारी विशेषत: सेवानिवृत्त होणा-या किंवा सेवानिवृत्त झालेल्या शासकीय कर्मचा-याकडून वारंवार केली जाते. म्हणून यासंदर्भातील सेवानिय्मात नेमक्या तरतुदी व नेहमी त्या अनुषंगाने विचारलेल्या प्रश्नांची उत्तरे देणारा लेख नुकताच यशदातर्फे प्रकाशित केल्या जाणा-या " यशोमंथन " या मासिकात प्रसिध्द करण्यात आला आहे.तो लेख या ब्लॉगवर " Worth Visiting" या शीर्षकाखाली देण्यात आला आहे. संबंधितानी तो जरूर वाचा व जरूर तर तो डाउनलोड करून घ्यावा.

Friday, November 09, 2012

यशदा संस्थेने नुकतेच प्रसिध्द केलेले मराठी पुस्तक महाराष्ट्र नागरी सेवा (शिस्त व अपील) नियम १९७९


                                       
महाराष्ट्र नागरी सेवा (शिस्त व अपील) नियम १९७९(मराठी) हे श्रीधर जोशी, भा.प्र.से.(नि) व माजी उपाध्यक्ष,महाराष्ट्र प्रशासकीय न्यायाधिकरण, यांनी संपादित केलेले पुस्तक यशवंतराव चव्हाण विकास प्रशासन प्रबोधिनी या राज्याच्या अग्रणी प्रशिक्षण संस्थेने नुकतेच प्रसिद्ध केले आहे. या पुस्तकात ३१- ०८- २०१२ पर्यंत सुधारित नियम ,महत्वाच्या टीपा, महत्वाचे शासन निर्णय व परिपत्रके, चौकशी अधिकारी/सादरकर्ता अधिकारी/ बचाव सहाय्यक/ शिस्तभंगविषयक अधिकारी/ अपीलीय अधिकारी इत्यादींसाठी मार्गदर्शक सूचना,न्यायालयीन निर्णय इत्यादी माहिती दिली आहे. सदर पुस्तक चौकशी अधिकारी, विभागीय अधिकारी व कर्मचारी तसेच वकील वर्गास देखील उपयुक्त आहे.

सदर पुस्तक यशदा संस्थेत १५० रुपयांस उपलब्ध आहे.

पुस्तक खरेदीसाठी ०२०-२५६०८२६६ या दूरध्वनीवर श्रीमती मनीषा कुलकर्णी यांच्याशी संपर्क साधावा.

Tuesday, November 06, 2012

New book " M.C.S.(D.& A.) Rules 1979 "(As amended upto 1-8-2012)

Yashvantrav Chavan Academy of Development Administration Pune  has recently published the book viz. Maharashtra Civil Services (Discipline & Appeal) Rules 1979 (English) edited by me .This book contains the Rules as modified upto 01-08-2012, along with  Short notes, Important Governement Circulars etc. The book will be of great  help to the Inquiry officers, departmental authorities and officers/ employees of the  Government of Maharshtra.

The book is available for Rs. 100/- in Yashada. Any inquiry in this regard may be made with Smt. Maneesha Kulkarni , Publication Cell, Yashada,Pune, whose telephone number is 020-25608266. 

Thursday, October 25, 2012

Advantages of Awareness

There is a freedom that comes with awareness. Rather than thinking that we are stuck in a repetitive cycle where there is no escape, we begin to see that we very much play a hand in creating our lives. Whether we are aware of them or not, our behaviors and choices are always ours to make. Our past and our present no longer have to dictate our future when we choose to be aware. We are then free to move beyond our old limits, make new choices, and take new actions. With awareness, our paths can’t help but wind us forward in our lives while paving the way for new experiences and new ways of being. It is through awareness that we can continue to consciously evolve.

Monday, October 15, 2012

The Blessings Of The Honesty

Most of the times , fear is induced because you are not ready to face a situation . And you are not ready to face a situation because you do not have courage to be honest. The blessing of honesty is that it develops in you the courage to face any situation. The curse of lying is that it develops in you the fear to avoid most situations Have the courage to be honest. Irrespective of the consequences, have the courage to be honest.

Mahatria

Wednesday, October 10, 2012

सप्टेंबर २०१२ मध्ये निर्गमित केलेलं खालील महत्वाचे शासन निर्णय व परिपत्रके

सप्टेंबर २०१२ मध्ये निर्गमित केलेलं खालील महत्वाचे शासन निर्णय व परिपत्रके या ब्लॉगवर " Recently issued G.Rs. and circularsनुकतीच निर्गमित केलेली परिपत्रके व शासन निर्णय " या शीर्षकाखाली अनुक्रमांक ५१ ते ५९ वर उपलब्ध करून देण्यात आली आहेत. ती जरूर तर डाउनलोड करून घ्यावीत .
१) शासकीय इमारतीसाठी राखीव भूखंड- सूची करणे , महसूल व वनविभाग परिपत्रक दि. १० सप्टेंबर २०१२
२) महाराष्ट्र जिल्हा परिषद (जिल्हा सेवा) सेवाप्रवेशोत्तर परीक्षा २०१२ , ग्रामविकास विभाग परिपत्रक दि. १२-०९-२०१२
३) सेवाप्रवेशोत्तर पशिक्षण परीक्षा / विभागीय परीक्षा उत्तीर्ण होण्यापासून सूट, सामान्य प्रशासन विभाग , परिपत्रक दि. १३-०९-२०१२
४) निवासी इमारतीतील वाणिज्य वापरास अकृषिक परवानगीतून सूट देणेबाबत , महसूल विभाग परिपत्रक दि. १३-०९-२०१२
५) पंचायत राज अभियान, उत्कृष्ट जिल्हा परिषद , पं.समिती व ग्रामपंचायत यांना पारितोषिके ,परिपत्रक दि.१५-०९-२०१२
६) राज्य क्रीडा धोरणाची अमलबजावणी ,शिफार्शिव्रील कार्यवाही , तज्ञ समितीची नेमणूक, शासन निर्णय दि. २१-०९-२०१२
७) इ-गव्हर्नन्स प्रकल्प , सल्ला देण्यासाठी शासनाने निवडलेल्या संस्था, सामान्य प्रशासन विभाग , शा. नि. दि. २१-०९-२०१२
८) लोकशाहीदिन अमलबजावणी - एकत्रित आदेश , सामान्य प्रशासन विभाग परिपत्रक दि. २६-०९-२०१२
९) विद्यार्थी , शिक्षक/ शिक्षक यांना जून २०१३ पर्यंत आधार कार्ड देणेबाबत, शालेय शिक्षण विभाग शा. नि. दि.२७-०९-२०१२

Sunday, September 30, 2012

'आनंद' आणि 'समाधान'

माणूस जन्म घेतो त्यावेळी त्याच्या हाताच्या मुठी बंद असतात.
एका हातात 'आनंद' आणि एका हातात 'समाधान' कोंबलेलं असतं.

माणूस मोठा होऊ लागतो. वाढत्या वयाबरोबर 'आनंद' आणि 'समाधान' कुठे कुठे सांडत जातात.
आता 'आनंदी' होण्यासाठीकोणावरतरी, ‘कशावरतरी अवलंबून राहावं लागतं.
कुणाच्या येण्यावर-कुणाच्या जाण्यावर. कुणाच्या असण्यावर-कुणाच्या नसण्यावर.
काहीतरी मिळाल्यावर-कोणीतरी गमावल्यावर. कुणाच्या बोलण्यावर-कुणाच्या न बोलण्यावर.
खरं तर, 'आत' आनंदाचा न आटणारा झरा वाहतोय. कधीही त्यात उडी मारावी आणि मस्त डुंबावं.
इतकं असून...आपण सगळे त्या झऱ्याच्या काठावर उभे आहोत -पाण्याच्या टँकरची वाट बघत !
जोवर हे वाट बघणं आहे तोवर ही तहान भागणं अशक्य !

Monday, September 24, 2012

Guidelines for Presenting Officer & Defense Assistant

Guidelines for Presenting Officer & Defense Assistant


 The guidelines prepared for Presenting Officer and Defense Assistant are now uploaded on this blog. They are available under Heading "Worth Visiting". Those interested can get them downloaded.

 The guidelines for Inquiring authority, Disciplinary authority and the appellate authority will be uploaded on the blog shortly.

Wednesday, September 05, 2012

The protection of women against sexual harasment at work-place Bill 2010

The Protection of women against sexual harasment at work place bill 2010

Loksabha passed "The protection of women against sexual harament at work place Bill 2010" on

Monday the 4th September 2010.

The said bill is available on this blog in the documents under title " Worth Visiting".

Monday, September 03, 2012

No change in Retirement Age of State Government employees

The demand of various Employees unions for raising retirement age of Maharashtra State Government from 58 to 60 Years was rejected by the State Government.
This was stated by Chief minister Mr. Prithviraj Chavan approved the department’s stand.
While unions had argued that the extension was in line with the Centre’s policy, the state said such a move would hurt job flow in the public sector. The unions had further argued that states like Goa, Jharkhand, West Bengal and Karnataka had already raised the retirement age to 60 but the department reasoned that states like Gujarat and Andhra Pradesh had retained the retirement age of 58.
Increasing the retirement age would also delay fresh postings for promoted employees, the department said. It claimed that it had received applications from employees opposing the demand. A move to enhance the retirement age would have enabled the government to defer payments of lump sum retirement benefits by two years.
Courtesy- G Connect

Monday, August 27, 2012

FREQUENTLY ASKED QUESTIONS (FAQs) ON RTI (AS ON JANURARY 2012)

FREQUENTLY ASKED QUESTIONS (FAQs) ON RTI (AS ON JANURARY 2012)

Q.1. What is Information?
Information is any material in any form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.
Q.2 What is a Public Authority?
A “public authority” is any authority or body or institution of self government established or constituted by or under the Constitution; or by any other law made by the Parliament or a State Legislature; or by notification issued or order made by the Central Government or a State Government. The bodies owned, controlled or substantially financed by the Central Government or a State Government and non-Government organisations substantially financed by the Central Government or a State Government also fall within the definition of public authority. The financing of the body or the NGO by the Government may be direct or indirect.
Q.3 What is a Public Information Officer?
Public authorities have designated some of its officers as Public Information Officer. They are responsible to give information to a person who seeks information under the RTI Act.
Q.4 What is an Assistant Public Information Officer?
These are the officers at sub-divisional level to whom a person can give his RTI application or appeal. These officers send the application or appeal to the Public Information Officer of the public authority or the concerned appellate authority. An Assistant Public Information Officer is not responsible to supply the information. The Assistant Public Information Officers appointed by the Department of Posts in various post offices are working as Assistant Public 2 Information Officers for all the public authorities under the Government of India.
Q.5. What is the Fee for Seeking Information from Central Government Public Authorities?
A person who desires to seek some information from a Central Government Public Authority is required to send, along with the application, a demand draft or a banker’s cheque or an Indian Postal Order of Rs.10/- (Rupees ten), payable to the Accounts Officer of the public authority as fee prescribed for seeking information. The payment of fee can also be made by way of cash to the Accounts Officer of the public authority or to the Assistant Public Information Officer against proper receipt. However, the RTI Fee and the mode of payment may vary as under Section 27 and Section 28, of the RTI Act, 2005 the appropriate Government and the competent authority, respectively, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
Q.6. What is the Fee for the BPL applicant for Seeking Information?
If the applicant belongs to below poverty line (BPL) category, he is not required to pay any fee. However, he should submit a proof in support of his claim to belong to the below poverty line.
Q.7. Is there any specific Format of Application?
There is no prescribed format of application for seeking information. The application can be made on plain paper. The application should, however, have the name and complete postal address of the applicant.
Q.8. Is it required to give any reason for seeking information?
The information seeker is not required to give reasons for seeking information.
Q.9. Is there any provision for exemption from Disclosure of Information?
Sub-section (1) of section 8 and section 9 of the Act enumerate the types of information which is exempt from disclosure. Sub-section (2) of section 8, however, provides that information exempted under sub-section 3 (1) or exempted under the Official Secrets Act, 1923 can be disclosed if public interest in disclosure overweighs the harm to the protected interest.
Q.10. Is there any assistance available to the Applicant for filing RTI application?
If a person is unable to make a request in writing, he may seek the help of the Public Information Officer to write his application and the Public Information Officer should render him reasonable assistance. Where a decision is taken to give access to a sensorily disabled person to any document, the Public Information Officer, shall provide such assistance to the person as may be appropriate for inspection.
Q.11. What is the Time Period for Supply of Information?
In normal course, information to an applicant shall be supplied within 30 days from the receipt of application by the public authority. If information sought concerns the life or liberty of a person, it shall be supplied within 48 hours. In case the application is sent through the Assistant Public Information Officer or it is sent to a wrong public authority, five days shall be added to the period of thirty days or 48 hours, as the case may be.
Q.12. Is there any provision of Appeal under the RTI Act?
If an applicant is not supplied information within the prescribed time of thirty days or 48 hours, as the case may be, or is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority who is an officer senior in rank to the Public Information Officer. Such an appeal, should be filed within a period of thirty days from the date on which the limit of 30 days of supply of information is expired or from the date on which the information or decision of the Public Information Officer is received. The appellate authority of the public authority shall dispose of the appeal within a period of thirty days or in exceptional cases within 45 days of the receipt of the appeal.
Q.13. Is there any scope for second appeal under the RTI Act?
If the first appellate authority fails to pass an order on the appeal within the prescribed period or if the appellant is not satisfied with the order of the first appellate authority, he may prefer a second appeal with the Central Information Commission within ninety days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant.
Q.14. Whether Complaints can be made under this Act? If yes, under what conditions?
If any person is unable to submit a request to a Public Information Officer either by reason that such an officer has not been appointed by the concerned public authority; or the Assistant Public Information Officer has refused to accept his or her application or appeal for forwarding the same to the Public Information Officer or the appellate authority, as the case may be; or he has been refused access to any information requested by him under the RTI Act; or he has not been given a response to a request for information within the time limit specified in the Act; or he has been required to pay an amount of fee which he considers unreasonable; or he believes that he has been given incomplete, misleading or false information, he can make a complaint to the Information Commission.
Q.15. What is Third Party Information?
Third party in relation to the Act means a person other than the citizen who has made request for information. The definition of third party includes a public authority other than the public authority to whom the request has been made.
Q.16. What is the Method of Seeking Information?
A citizen who desires to obtain any information under the Act, should make an application to the Public Information Officer of the concerned public authority in writing in English or Hindi or in the official language of the area in which the application is made. The application should be precise and specific. He should make payment of application fee at the time of submitting the application as prescribed in the Fee Rules.
Q.17. Is there any organization(s) exempt from providing information under RTI Act?
Yes, certain intelligence and security organisations specified in the Second Schedule, are exempted from providing information excepting the information pertaining to the allegations of corruption and human rights violations.
Source : DOPT

Thursday, August 23, 2012

Retirement Age of High Court Judges

                                                       Ministry of Law & Justice

 

Retirement Age of High Court Judges


The Constitution (One Hundred and Fourteenth Amendment ) Bill, 2010 provides to increase the retirement age of Judges of High Courts from 62 to 65 i.e. at par with the retirement age of Judges of the Supreme Court. Giving this information in written reply to a question in the Lok Sabha, Shri Salman Khurshid, Minister of Law & Justice, said that the Bill was taken up for discussion in the Lok Sabha on 28.12.2011. However, the discussion has remained inconclusive due to adjournment of the Winter Session.

Wednesday, August 22, 2012

Low cost Aakash Tablet- Latest Development

The Minister of Human Resource Development Dr.D.Purandeswari replied in present session of Lok Sabha regarding supply of Low Cost Tablet Aakash to students which was proposed Under the National Mission on Education through Information Communication Technology (NMEICT) scheme, a Low Cost-Access-cum-Computing Device (LCAD) named Aakash was launched on 5th October, 2011.
As per information given by the Minister IIT, Rajsathan which handled this project procured 1,00,000 tablets in the first phase for supply to Higher Technical Education Institutions.
After the launch of this project, feedback were received from the users of these tablets. It revealed the machine needed improvement in the following aspects.
  • heating of the device
  • need for longer battery life
  • need for capacitive instead of resistive touch screen
  • need for better processor etc.
The matter was taken up with the vendor and he agreed to make changes including upgrading the processor from 366 MHz Arm 11 based processor to 700 MHz Arm Cortex A8 processor, improving firmware, replacing the battery of 2100 mAH with a battery of 3200 mAH capacity and replacement of resistive touch screen with capacitive one with no enhancement in cost. As no payment was made by IIT Rajasthan to the vendor, hence, no loss has been incurred to the Government.

Courtesy-G connect

Tuesday, August 14, 2012

APPEAL TO COUNTRYMEN

Where the mind is without fear and the head is held high;
Where knowledge is free;
Where the world has not been broken up into fragments by domestic walls;
Where words come out from the depth of truth;
Where tireless striving stretches its arms towards perfection;
Where the clear stream of reason has not lost its way into the dreary desert sand of dead habit;
Where the mind is led forward by thee into ever-widening thought and action--
Into that heaven of freedom, my father, let my country awake.


Rabindranath Tagore
Gitanjali

Monday, August 13, 2012

Important Government Resolutions and Circulars issued in July 2012

जुलै 2012 मध्ये निर्गमित झालेले खालील महत्वाचे शासन निर्णय व परिपत्रके  मराठी  ब्लॉग वर " नव्याने निर्गमित झालेली महत्वाची परिपत्रके व शासन निर्णय" या शिर्षकाखाली उपलब्ध आहेत , संबंधितानी ती जरूर तर डाऊन लोड करून घ्यावीत.
अ.क्र. विषय व दिनांक
1 1 जानेवारी ते 31मार्च च्या महागाई भत्ता थकबाकी
वित्त विभाग शासन निर्णय दि. 10-07-2012
2 माजी सैनिकांची सुधारित वेतनश्रेणीत वेतन निश्चिती
वित्त विभाग शासन निर्णय दि.11-07-2012
3 मंत्रालयातील आग-सेवा अभिलेखांची पुनर्बांधणी
सामान्य प्रशासन विभाग दि. 12-07-2012
4 गोपनीय अहवालांचे प्रतिवेदन व पुनर्विलोकन-कालमर्यादा
सामान्य प्रशासन विभाग शासन निर्णय दि. 17-07-2012
5 गट अ ते गट ड या पदावरील भरती करण्यासंदर्भात मार्गदर्शक सूचना
सामान्य प्रशासन विभाग शासन निर्णय दि. 25-07-2012
6 पोलीस स्टेशन आवारात महिला समुपदेशन केंद्रे स्थपन करण्याबाबत
महिला व बाल विभाग़ शासन निर्णय दि.27-06-2012
7 विधान मंडळ व संसद सदस्याना सौजन्यपूर्ण वागणूक
सामान्य प्रशासन विभाग परिपत्रक दि. 18-07-2012
8 पोलीस महासंचालक यांना दिलेल्या बदल्यांच्या अधिकाराला स्थगिती
गॄह विभाग शासन निर्णय दि. 30-07-2012

Tuesday, August 07, 2012

Extension of probation due to late passing of depart. exam.does not affect seniority.

A directly recruited Tahasildar in 2002 did not pass the examination during the probationary peroid of two years . Her probation was therefore extended . She passed the examination in 2007 and then she was issued a  certificate of satisfactory completion of probation period. The Tahasildars  of 2002  batch are being considered for promotion as Deputy Collector. The Tahasildar in question approached me to enlighten her as to whether her promotion will be delayed on account of extension of probationary period due to late passing of the departmental examination.

The seniority of State Government employee is fixed as per provisions in Rule 4 of M.C.S.(Fixation of Seniority) 1982. The said Rule 4 provides that the seniority  of directly recruited candidates will be fixed as per serial number in the list of selected candidates prepared by M.P.S.C.Therefore if on the date of meeting of the departmental promotion committee the candidate has satisfactorily completed the probation period (including passing of departmental examination), and fulfills the requirements prescribed for appointment by promotion  as Deputy collector,the case of the said Tahasildar will have to be considered as per her seniority and his suitability for promotion decided by the D.P.C.

In short the extension of probationary period on account  of late passing of the departmental examination does not adversely affect the seniority of a directly recruited candiate.

Sunday, July 22, 2012

Stepping up of pay of the promotee senior with direct recruited junior appointed on or after 01.01.2006

KENDRIYA VIDYALAYA SANGATHAN(HQ),
18, INSTITUTIONAL AREA SHAH EED JEET SINGH MARG,
NEW DELHI-110016


F.110239/58/2008/ KVS (Budget)
Dated: 20.07.2012

The Dy. Commissioner
Kendriya Vidyalaya Sangathan
All Regional Offices


Subject: Stepping up of pay of the promotee senior with direct recruited junior appointed on or after 01.01.2006

Sir,

This is regarding stepping of pay of promotee senior with reference to direct recruited junior appointed after 01.01.2006.

1. The issue was examined in this office and referred to Ministry of HRD for clarification. Ministry of HRD vide letter No.F.3-43/2008/UT.2 dated 20th March 2009 has clarified that the stepping up of pay of the promotee senior with direct recruited junior appointed on or after 01.01.2006 may be agreed to subject to fulfillment of the following conditions:

(a) Stepping up the basic pay of seniors under the above provision can be claimed only in the case of those cadres which have an element of direct recruitment and In cases where a directly recruited junior is actually drawing more basic pay than the seniors. In such cases, the basis pay of the seniors will be stepped up with reference to the basic pay of the junior.

(b) Using the above provision, Government servants cannot claim stepping up their revised basic py with reference to entry pay in the revised pay structure for direct recruits appointed on or after 1.1.2006 as laid down in Section II of Part A of First Schedule to the CCS (RP) Rules, 2008, if their cadre does not have an element of direct recruitment, or in cases were no junior is drawing basic pay higher than them.

(C) Stepping up of pay of the seniors in accordance with the above provision shall not be applicable in cases where direct recruits have been granted advance increments at the time of recruitment.
The issues prevailing in the region may be decided as per above clarifications.


Yours faithfully
sd/-
(M.A
Arumugam)
Joint.Commissioner (Fin

Sunday, July 15, 2012

Broad Parameters for deciding the Caste claim laid down by The Supreme Court


The Supreme Court in the Judgement in case of Anand  V/S  Committee for Scrutiny & Verification of Tribe claims has laid down the parameters for deciding the caste claims by the caste Scrutiny Committee.

The Supreme Court in this case set aside the decisions of The Caste Scrutiny Committee and the High Court Of  Bombay, Nagpur cancelling the caste certificate issued to the appellant by the Sub Divisional officer, Yavatmal, certifying that he belongs the “Halbi” Scheduled Tribe, notified in terms of the Constitution (Scheduled Tribes) Order, 1950, and remitting the case back to the Caste Scrutiny Committee for fresh consideration in accordance with rules and the parameters laid down and allowed the appeal filed by the appellant.

The above said judgement is available on this blog in the judgements (S.N. 10 ) under title Disciplinary Proceedings “Important Judgements. Those interested can get the said judgement downloaded for their use.


Tuesday, July 03, 2012

No limitation for filing writ under Artticle 226 but Courts to interfere in cases where they are approached expeditiously



The Supreme Court in its judgement delivered on 25 th May 2012, while deciding the civil Appeal  filed by one Vijay Kaul & others has reiterated that though there is no period of limitation for filing a writ under Article 226 of the Consttitution, the Courts should not interfere after the  passage of certain length of time. The Supreme Court has reproduced the following extract of it's earlier land mark judgement in case of  
P.S. Sadashivswami V/S State of Tamilnadu, A.I.R.1974 SC 2271:

" It is not that there is any period of limitation for the Courts to exercise their powers under Article 226 nor is it that there can never be a case where the Courts canno interfere in a matter after the passage of certain length of time, But it would be a sound and wise exercise their powers under Article 226 in case of persons who do not approach it expeditiously for relief and who stand by and allow things to happen and then approach the courts to put forward stale claims and try to unsettle matters."

The judgment in Civil appeal No. 4986-4989 of 2007 filed by Vijay Kaul and Others is available on this blog.












5

Sunday, June 24, 2012

'No consideration for state's lethargic approach'

New Delhi: No special consideration can be given to the government or its instrumentalities if they are lethargic in pursuing a legal case after the limitation period as provided under the statute, the Supreme Court has held.

A bench of Justices GS Singhvi and SJ Mukhopadhaya upheld an appeal filed by a land owner challenging a Bombay High Court permitting Municipal Corporation of Brihan Mumbai to file an appeal more than seven years after a civil suit was decreed against it.

The maximum permissible period for filing the appeal is normally 90 days.

"In cases involving the state and its agencies/ instrumentalities, the court can take note of the act that sufficient time is taken in the decision making process.

"But no premium can be given for total lethargy or utter negligence on the part of the officers of the state and/or its agencies/instrumentalities and the applications filed by them for condonation of delay cannot be allowed as a matter of course by accepting the plea that dismissal of the matter on the ground of bar of limitation will cause injury to the public interest," Justice Singhvi writing the judgement said.

In this case on May 2, 2003, a trial court in Mumbai passed a decree in favour of Maniben Devraj who had challenged the corporation's notice under Section 314 of the Mumbai Municipal Corporation Act, 1888 for demolition of her immovable properties in the city.


The Corporation did not challenge the trial court decree within the prescribed period of limitation and filed an appeal sometime in September, 2010 along with the applications for condonation of seven years and 108 days delay.

A single judge of the Bombay High Court condoned the delay and ruled in favour of the corporation upon which she appealed in the apex court.

The Supreme Court in its judgement noted that there was no justifiable reason for the corporation to file such a belated appeal and its explanation that certain missing papers delayed its efforts to pursue the case after seven years.

The bench said a liberal and justice oriented approach is required to be adopted in the exercise of power under Section 5 of the Limitation Act and other similar statutes.
The courts can neither become oblivious of the fact that the successful litigant has acquired certain rights on the basis of the judgement and a lot of time is consumed at various stages of litigation apart from the cost, it said.

"What colour the expression 'sufficient cause' would get in the factual matrix of a given case would largely depend on bona fide nature of the explanation.

"If the court finds that there has been no negligence on the part of the applicant and the cause shown for the delay does not lack bona fides, then it may condone the delay.

"If, on the other hand, the explanation given by the applicant is found to be concocted or he is thoroughly negligent in prosecuting his cause, then it would be a legitimate exercise of discretion not to condone the delay," the bench said.

PTI/Zee news

.

Thursday, June 07, 2012

Trust our Generals, they are patriots

General V. K. Singh's letter to Prime Minister Manmohan Singh revealing the critical condition of the military apparatus has created a scare about the nation's security. Its leakage is unacceptable. But satellite technology has made secrecy outmoded. Should not people know about the naivety of politicians in dealing with defence? The Army Chief, as is known now, alerted the Defence Minister about the obsolete military hardware. The Minister perhaps already knew about it but could not appreciate the significance of the message and ignored it. The focus, at least initially, was on tracing the culprit who leaked the letter rather than taking action on its contents. Some demanded the General's removal.

This mindset of ignoring the advice of patriotic generals is not new. The first Commander-in-Chief of the Indian Army, Field Marshal K. M. Cariappa's biography by his son Air Marshal K. C. Cariappa gives such instances of the past.

Gen. Cariappa led the Indian Army in Kashmir during the first war with Pakistan in 1947. The author recalls his father often being asked why the army did not evict the frontier tribesmen who, supported by the Pakistan Army, attacked India. The General used to reiterate that the government dictated policy. The Army was quite confident of clearing Kashmir. But the orders were to “cease fire midnight 31st December/1st January 1948-49.”

Later, Gen. Cariappa asked Nehru the reasons for the ceasefire. “You see, U.N. Security Council felt that if we go any further it may precipitate a war. So, in response to their request we agreed to a ceasefire,” Nehru said. But he sportily added, “Quite frankly, looking back, we should have given you ten-fifteen days more. Things would have been different then.”

In 1951, Chinese troops were caught with maps showing parts of the North-East Frontier Agency as part of China. Gen. Cariappa cautioned Nehru of the likely attack by China. Nehru ridiculed him: “It is not for the Army to decide who the nation's enemies would be.” Later in 1959, Gen. K.S. Thimmayya also warned of the threat from China. How sad that Nehru, under the spell of his friend and then Defence Minister Krishna Menon, ignored the warnings and faced a humiliating defeat by China in 1962.

There can be no doubt about the patriotism of the two Generals. It must be mentioned that Gen. Cariappa's only son was shot down while carrying out air attacks during the 1965 war with Pakistan and was taken prisoner. President Ayub Khan, former colleague of Gen. Cariappa, offered to release his son. The General's terse reply was: “They [POWs] are all my sons, look after them well.”
In 1986, the Rajiv Gandhi government struck a deal with A.B. Bofors of Sweden. Gen. K. Sunderji had recommended the gun as he honestly considered it better than the French Sofma. Later in 1996 when the Bofors payoffs scandal surfaced, the CBI asked Gen Sunderji to testify on his role in the deal.

This is what he said in an interview at that point:

•Question: Didn't you tell the Rajiv Gandhi government to scrap the deal when the scandal broke out?

•Gen. Sundarji: Soon after the corruption charges began pouring in the foreign and Indian media, I immediately rushed to the office of the then Defence Minister Arun Singh and told him: “Let us scrap the deal.”... I insisted that the government should terminate the deal with the Swedish firm as by then only six Bofors gun had arrived in India.

•Q: What did Singh tell you?

•S: He told me to write my request on a piece of paper and submit it to the Defence Secretary, S. K. Bhatnagar, so that he can take up the matter with the Prime Minister's Office. I did that and waited for days to get an answer from Singh. But one day Bhatnagar came to my office and told me to redraft the note and change my stand.

•Q: What did you do then?

•S: I told Bhatnagar that I could not agree to the suggestion. I then called on Arun Singh and asked why the government was insisting that the deal should go through. He told me that the PMO feels that the cancellation of the Bofors contract would jeopardise India's security. By 1987 April, only six Bofors guns had arrived in India. I tried to convince Singh that the Bofors gun would not affect the country's security and defence preparedness.

•Q: Did Arun Singh agree with you?

•S: It seemed to me that Singh agreed with my views. But he told me that “the order from above and obedience from below theory” is the order of the government. Singh soon left the Rajiv Gandhi government in disgust.

There is one instance, however, of an astute political leader listening to a military General. In 1969, thousands of Hindu refugees from the erstwhile East Pakistan started crossing over to India as a result of East Pakistan's conflict with West Pakistan. India decided to go to war as the large-scale movement of refugees imposed a great economic burden and necessitated intervention on grounds of human rights.

At the end of April 1971, Indira Gandhi asked Gen. Sam Manekshaw if he was ready to go to war with East Pakistan. Manekshaw refused, citing the dispersal of his formations, the state of armour, the pending harvest which would vie for rail carriage, the open Himalayan passes and the coming monsoon. She asked the Cabinet to leave the room and the Chief to stay back. Gen. Manekshaw offered to resign on the grounds she chose. When she declined but asked for his advice, he sought permission to prepare for the conflict and set the date and said he would guarantee victory. She agreed and permitted the General to prepare in his own way. The rest is history.

Some veterans recall Field Marshal Manekshaw saying shortly after he turned 90 that flush with the victory of the war, Indira Gandhi asked him: “So when are you going to take over the country, Sam? He replied: “You run the country, I run the army.”

The recent reported movement of some units of the Army towards New Delhi and the immediate hysterical denial from the powers that be have raised serious apprehensions in the minds of the people. Truth may never be known. Mistrust of the army is not new. Even during the times of Nehru, it was rumoured that Nehru did not like the popularity of Field Marshal Cariappa and, fearing a “coup,” sent him to Australia as High Commissioner in 1953, claims his son in the biography.
Vital military decisions get entangled in outmoded bureaucratic procedures. Over time, a wide gap is created between the political and army leadership, so much so that in the present crisis the Prime Minister refused to meet the Army Chief. The credibility of the political class is at its all-time low. Such dichotomy did not exist earlier and the differences were amicably resolved at the highest echelons of government and the army. Should our masters not mend their fences before it is too late?
(The writer is a former Pro Vice-Chancellor, M.S. University of Baroda, Vadodara. kcmehta_75@yahoo.co.in)

Keywords: Indian Army, defence acquisition, Bofors scam, K. M. Cariappa biography,
 COURTESY- HINDU NEWPAPER

Tuesday, June 05, 2012

Doubts and queries about Departmental Inquiry

APPEAL


I am thankful to all those who regularly view my blogs on Departmental Inquiry and also the posts published on these blogs.

I am happy to note that many of you are benefitted from various information given on the blogs. I was specially glad to learn that many of the viewers have also downloaded the information on the blog for their day to day reference.
.

It has come to my notice that some of the viewers are making queries on the posts published in the past. It becomes difficult for me to follow those queries and give the replies to them. I will therefore request the viewers to send their queries on my email i.d. viz. shridhar1941@gmail.com. This will enable me to send the replies to the queries promptly.

I will be happy to hear from you the feedback and suggestions if any.

Wednesday, May 30, 2012

Comassionate appointment, not a right

'Compassionate appointments not a matter of right'

: Appointments in government offices on compassionate grounds cannot be claimed as a right and they are permissible only in genuine cases as per rules, else it would violate the Constitution, the Supreme Court has ruled.
"Appointment on compassionate grounds cannot be claimed as a matter of right. As a rule, public service appointments should be made strictly on the basis of open invitation of applications and merit.
"The appointment on compassionate ground is not another source of recruitment but merely an exception to the aforesaid requirement taking into consideration the fact of the death of the employee while in service leaving his family without any means of livelihood," the apex court said.
A bench of justices B S Chauhan and Dipak Misra gave the ruling while upholding the Union government's appeal against an Allahabad High Court order to appoint Shashank Goswami on compassionate grounds
The apex court said it is a settled legal proposition that the claim for appointment on compassionate ground is based on the premises that the applicant was dependent on the deceased employee.
"Strictly, such a claim cannot be upheld on the touchstone of Article 14 or 16 of the Constitution of India.
"However, such claim is considered as reasonable and permissible on the basis of sudden crisis occurring in the family of such employee who has served the State and dies while in service
"In such cases the object is to enable the family to get over sudden financial crisis and not to confer a status on the family," said Justice Chauhan writing the judgement for the bench.
Article 14 guarantees equality before law, while 16 refers to the equality of opportunity in matters of public employment.

Sunday, May 20, 2012

DO YOU KNOW THE USEFUL WEBSITE OF ACCOUNTANT GENERAL MUMABI / NAGPUR ?

The M.C.S. (pension) Rules 1982 are applicable to emplyees recruited in Government service prior to    1-11-2005.. Similarly they are applicable to 100% aided primary/ secondary/ higher secondary/ junior colleges, teachres training colleges, z.p.emplyees etc., The pension cases of these emplyees after their retirement  are required to be sent to Office of Accountant General Mumbai / Ngpur for final approval. Infact the final pension payment order is issued by the office of Accountantant general.

The Accountant General Mumbai and Nagpur have their website which enables the concerned person to know the status of the case which is sent to A.G.'s office for santion. The links of these website is provided  on this blog under heading ' Important Blogs and links". The conerned persond can visit these websites through the links provided on the blog which will enable them to know the status of any case ( After entering the required details) sent to A.G's office.

The emplyees may take advantage of these sites of Accountant General Mumbai / Nagpur.

Sunday, May 13, 2012

Punishment not provided in service Rules cannot be imposed


      Punishment not provided in service Rules cannot be imposed

The supreme Court  in the recent  case of Vijay Singh v/s State of UP. and others decided on 13 th April 2012 considered  the  question as to whether the disciplinary authority can impose punishment not prescribed under statutory rules after holding disciplinary proceedings.
The appellant when posted as Sub-Inspector of Police at Police Station, Moth, District Jhansi in the year 2010, had arrested Sahab Singh Yadav for offence punishable under Section 60 of the U.P. Excise Act and after concluding the investigation, filed a chargesheet before the competent court against the said accused.
 During the pendency of the said case in court, a show cause notice was served upon him by the Senior Superintendent of Police, Jhansi dated 18.6.2010 to show cause as to why his integrity certificate for the year 2010 be not withheld, as a preliminary enquiry had been held wherein it had come on record that the appellant while conducting investigation of the said offence did not record the past criminal history of the accused.
 The appellant filed reply to the said show cause notice on 4.7.2010 pointing out that the said offence was bailable. The purpose of finding out the past criminal history of an accused is relevant in non-bailable cases as it may be a relevant issue for considering his bail application. More so, withholding the integrity could not be the punishment and as the criminal case was sub judice before the competent court against the said accused on the chargesheet submitted by him, no action could be taken against the appellant unless the court comes to the conclusion that investigation was defective.
The disciplinary authority, i.e. Senior Superintendent of Police without disclosing as under what circumstances not recording the past criminal history of the accused involved in the case had prejudiced the cause of the prosecution in a bailable offence and without taking into consideration the reply to the said show cause, found that the charge framed against the appellant stood proved, reply submitted by the appellant was held to be not satisfactory. Therefore, the integrity certificate for the year 2010 was directed to be withheld vide impugned order dated 8.7.2010
The Supreme Court held that the  integrity certificate  on the basis of disciplinary proceedings cannot be withheld since no such punishment is provided in the respective serivice Rules. The Court also observed as under :
The instant case is an eye opener as it reveals as to what extent the superior statutory authorities decide the fate of their subordinates in a casual and cavalier manner without application of mind and then expect them to maintain complete discipline merely being members of the disciplined forces.
Note: The entire judgemnt is available on this blog under the heading “Important Judgements”

Tuesday, May 08, 2012

Important G.Rs,. Circulars issued by Governemnt Of Maharashtra from 1st January 2012 to 30 th April 2012

Important G.Rs. and Circulars issued by various departments from 1st January to 30 th April 2012 are available on this blog under heading of "Recent G.Rs. and Circulars". those intersted can get them downloaded.

Monday, March 26, 2012

Government increases interest rates on PPF and small savings

The Finance Ministry (Budget Division) has issued an Office Memorandum O.M.No: 6-1/2011-NS.II (Pt) dated 26.03.2012 for revision of Interest Rates for various small saving schemes operated mainly through post offices and PPF.
Based on the recommendations of Shyamala Gopinath Committee for comprehensive review of National Small Savings Fund (NSSF), Government had earlier taken the decision that interest rates of various small savings shall be reviewed every financial year and revsions in the same to be notified before 1st of April of that year.
Accordingly the present revision in the interest rates of various small saving scheme has been made. The following table provides the revision made:
SchemeInterest Rate w.e.f 1.12.2011Interest Rate w.e.f 1.4.2012
Savings Deposit4.04.0
1 year Time Deposit7.78.2
2 year Time Deposit7.88.3
3 year Time Deposit8.08.4
5 year Time Deposit8.38.5
5 year recurring deposit8.08.4
5 year SCSS9.09.3
5 year MIS8.28.5
5 year NSC8.48.6
10 year NSC8.78.9
PPF8.68.8

Wednesday, January 18, 2012

Bogus Caste Certificate holder can be sacked- CAT

A person who obtains a job by submitting a false caste certificate neither has the right to continue in service, nor he deserves sympathy even if he has put in long years in the work, the Central Administrative Tribunal has held.

"If a person gets appointment on a false caste certificate which is already cancelled by the authorities, then such a person has no right to continue in service. Such a person needs no sympathy or equity from the court on the ground that he has worked for long years," CAT Members S Pandey and M Chibber said.

The tribunal passed the order on a petition filed by Shiv Kumar, a teacher of Kendriya Vidyalaya, Aligarh challenging his termination from service by the disciplinary authority without affording him an opportunity to defend himself and overlooking 14 years of service rendered by him.
-pti-

Bogus Caste Certificate holder can be sacked- CAT

A person who obtains a job by submitting a false caste certificate neither has the right to continue in service, nor he deserves sympathy even if he has put in long years in the work, the Central Administrative Tribunal has held.

"If a person gets appointment on a false caste certificate which is already cancelled by the authorities, then such a person has no right to continue in service. Such a person needs no sympathy or equity from the court on the ground that he has worked for long years," CAT Members S Pandey and M Chibber said.

The tribunal passed the order on a petition filed by Shiv Kumar, a teacher of Kendriya Vidyalaya, Aligarh challenging his termination from service by the disciplinary authority without affording him an opportunity to defend himself and overlooking 14 years of service rendered by him.
-pti-

Wednesday, January 04, 2012

Imporatant G.Rs. and circulars issued bt GAD &FD in December 2011

Generally the GRs issued by GAD and FD are coman to all state Governemnt employees.I have therefore  decided( as aresolve of new year) to upload the important GRs. and circulars issued by these both departments every month by the 5th of next month.I hope that the viewrs of the blog will welcome this.
 
     The following important GRs.were issued by Gad and FD ijn the month of December 2011.

1)  Lokshahidin- Appointment of Palak Sachiv----(GAD GR.. dated 8-12-2011)

2) Appointment or promotion to Backward class employees without caste validity certificate
      ( GAD. G.R. dated 12-12-2011)

3) Annual increement to employees on leave without medical certificate (F.D. G.R. dated 26-12-2011)

4) Revision of T.A. and D.A. rates ( F.D. G.R. dated 27-12-2011

5) Revison of  Additional /special pay for holding additiona charge (F.D.G.R. dated 27-12-2011)

    The above mentioned G.Rs. are available on the blog under the heading

" Recent G.Rs and   circulars " Those interested can download & keep them for record.

   
   SHRIDHAR JOSHI