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 held
that non issue of charge sheet even after 180 days is unjustified and
quashed the suspension order.
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 Government.
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.
Source : http://postalinspectors.blogspot.in
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