Transfer policy to regulate transfer of Group A / Group B / GrOUP C Officers/officials - Clarification

Transfer policy to regulate transfer of Group A / Group B / GrOUP C Officers/officials - Clarification

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GREETINGS ON THE EVE OF 68th INDEPENDENCE DAY

Thousands laid down their lives,

So that our country is breathing this day

Never forget their sacrifice

Freedom in Mind, Faith in Words
Pride in our Heart,
Memories in our Souls.
Let’s Salute the Nation on
Happy Independence Day.

.......I Love My India

Important Cat Judgement regarding MACP

IMPORTANT CAT JUDGEMENT

DECLINING REGULAR PROMOTION BEFORE THE DATE OF IMPLEMENTATION OF ACP OR MACP SCHEME SHOULD NOT BE A BAR FOR GRANTING ACP/MACP

Refusal to accept promotion, earlier to 09.08.1999 when the ACP scheme was promulgated, does not make an employee ineligible for grant of first financial benefits under ACP scheme when the scheme came into force only on 09.08.1999

Facts: The Applicant (who was appointed on 08.03.1980), while working as Radio Mechanic in India Meteorological Department refused his promotion due to family circumstances, when his promotion order was issued on 30.07.1998.

The Assured career Progression Scheme came into force on 09.08.1999. The Applicant having completed 12 years of service and stagnating in the same post of Radio Mechanic was rejected for the financial benefit of ACP on the ground that he refused his promotion when offered on 30.07.1998 earlier to the introduction of ACP scheme on 09.08.1999.

Modified Assured Career Progression Scheme (MACP) was introduced for financial upgradation on 19.05.2009. As per this scheme, an employee will be entitled for three financial upgradation after completion of 10, 20 and 30 years of continuance of service. The Applicant became eligible for 1st ACP in 2000 and 2nd MACP in 2010. The grievance of the Applicant is that, he was denied 1st ACP and 2nd MACP. Hence he filed this OA challenging the Office Orders 10/11-12-2008 and 20-9-2010 whereby he was denied the financial upgradation.

The Respondents state that he refused promotion issued by Order dated 30.07.1998. In terms of DoP&T O. M. No. 35034/1/1997 Establishment (D) (Vol. IV), dated 18.07.2001, the Applicant cannot be said to stagnate in the same post. Hence the 1st ACP benefits was refused. The Applicant annexed the judgement of Bombay Bench of the Tribunal as appeared in Swamynews of July, 2008.

The Bombay Bench of the CAT held that “If an employee has refused the promotion before the enforcement of ACP Scheme, the facts would remain that he has actually not been given any financial upgradation which he could have been before regular promotion. He remains on the scale of pay still stagnated”. In view of this clarification, the clarification of Respondents cannot be accepted. Ernakulam Bench of CAT in OA No. 768 of 2005 considered condition No. 10 makes it amply clear that if an employee is accepting ACP benefit, he is deemed to have given unqualified acceptance for regular promotion on occurrence of vacancy subsequently”. That precludes factoring of past refusal while given ACP benefit.

In view of the above, refusals of promotion earlier to 9-8-1999, has no effect on the grant of financial benefit under ACP scheme. Hence, the clarification given no Doubt No. 38 by DoP&T cannot be accepted in this case as the Applicant herein refused promotion earlier to the coming of ACP Scheme. In that view, refusal of grant of 2nd financial upgradation under MACP scheme amount to punishing him for the second time. Hence, the eligibility of benefits under ACP scheme has to be recknoned on the actual date namely 9-8-1999. Hence declaining promotion earlier to 9-8-1999 is no reason to deny the first ACP introduced on 9-8-1999. Hence, a direction was given to Respondents to grant the Applicants benefits under the ACP scheme irrespective of the fact of their refusal of promotion earlier to 9-8-1999. Time given for implementation was 6 weeks.

In view of the above, same relief given by Bombay Bench is to be followed in this case also.

In the result, the impugned Order, dated 10/11-12-2008 and 20-9-2010 are set aside. The Respondents are directed to grant financial benefits under the ACP scheme to the Applicant in 12 weeks from the date of receipt of this order.

This the OA stands allowed.

(Shri. Ganesh Bhavrao Shrote v. Secretary, Ministry of Earth Sciences Mausam Bhavan, New Delhi, New Delhi, 8/2014, SwamynewS 98, (Bombay), date of judgement 5-8-2013)

NB: Reproduced from Swamy’s News August 2014-Tribunal Judgements

Source: http://confederationhq.blogspot.in/ [http://confederationhq.blogspot.in/2014/08/important-cat-judgement-declining.html]

How to Add Borders to Word 2010 Tables

Once you have created a table in your document, you may want to spiff it up a bit by changing the borders.

Luckily, it is not all that difficult to do in Word and there are several methods you can choose from to accomplish this, which are listed below:

• When you select your table or place your cursor in your table, you will notice that the Conditional Table Tools menu becomes available, where you will see both the Design and Layout tabs. In the Design tab, look in the Table Styles group where you will find the Borders tool.

• Under the Layout tab, in the Table group, click on the Properties command and Word will display the Table Properties dialog box, where you will find a Borders and Shading button.

• The Borders control on the Home tab of your ribbon, in the Paragraph group also works on tables.

• There is a Borders and Shading option on the context menu when you right-click in your table.
• The Draw table and Eraser controls found in the Tool’s Design tab, in the Draw Borders group will allow you to add and remove table lines one cell at a time.

If you click on the arrow of any of the various Borders tools, a drop-down list of ways to apply border lines to your whole table and individual cells will appear.

If borders have been applied to to the table cell where your cursor is, as in gridlines, the Borders control will be highlighted.

Interestingly enough, if your current cell does not have a border applied, but there are borders applied to any cell in your table then, at least one of the lines in the table in the borders control icon in your ribbon will be solid. It does not really stand out, so you will have to look closely to see it.

At the very bottom of the Borders drop-down list there are options to display the Borders and Shading dialog box and to toggle View Gridlines.

The Draw Table and Eraser tools are great for adding and removing one or two lines at specific locations in your table. The Draw Borders group can be found on the Design tab and it is the last one. It contains controls to set line thickness, color and style.

Clicking the Draw Table tool will convert your cursor to a pencil. Thereafter, clicking on any line in your table makes the line the color, style and thickness selected in the tool.

Clicking and dragging between any two lines in your table cell will split the cells along those line.

Clicking on the Eraser tool changes your cursor into an eraser that will delete any cell lines that it touches. The Esc key will cancel the eraser mode.

Regardless of which method you select to create your borders, there are myriad ways in which you can accomplish this task. Try them all and then make your decision on what best suits your particular needs

Benefit of reservation to Ex-servicemen, who applies for various examinations/vacancies before joining civil posts / services

Benefit of reservation to Ex-servicemen, who applies for various examinations/vacancies before joining civil posts/services in the Government job on civil side.

No.36034/1/2014-Estt.(Res.)

Government of India

Ministry of Personnel, Pubic Grievances and Pensions

Department of Personnel and Training

North Block, New Delhi

Dated the 14th August, 2014

OFFICE MEMORANDUM

Sub: Benefit of reservation to Ex-servicemen, who applies for various examinations / vacancies before joining civil posts/ services in the Government job on civil side.

In terms of this Department’s Notification No.39016/10/79-Estt(C) dated 15th December, 1979 as amended from time to time and which was last amended vide Notification No. 36034/1/2006-Estt (Res) dated 4th October, 2012, the benefit of reservation to ex-servicemen is available at ten per cent of the vacancies in Group C posts and twenty per cent of the vacancies in Group D posts in all the Central Civil Services and posts. Benefit of reservation is also extended at ten per cent of the vacancies in the posts upto of the level of Assistant Commandant in all para-military forces to be filled by direct recruitment.

2. Vide this Department’s O.M. No. 36034/27/84-Estt.(SCT) dated 02.05.1985, it was decided that once an ex-serviceman has joined the Government job on civil side after availing of the benefits given to him as an ex-serviceman for his re-employment, his ex-serviceman status for the purpose of re-employment in Government would cease. It was also decided that on his joining the civil employment, he would be deemed to be a civil employee and would accordingly be entitled to only such of the benefits like relaxation of age etc. as admissible to civil employees in the normal course. Vide this Department’s O.M. No. 36034/21/87-Estt.(SCT) dated 07.11.1989, it was clarified that the instructions of 02.05.1985 shall not apply to those ex-servicemen who have been re-employed or are re-employed by private companies/autonomous bodies/ public sector undertakings/ government offices on casual/contract/temporary ad-hoc basis and who can be removed from such service at any time by their employer concerned.

3. An ex-serviceman at the time of his release or discharge from the armed forces normally applies for more than one vacancy, but in case he/she joins any civil employment due to early declaration of results/selection, he/she is ,not entitled for the benefit of reservation for ex-servicemen for subsequent employment. It has been brought to the notice of this Department that the aforesaid instructions are affecting the chances of ex-servicemen in the case of direct recruitment for subsequent suitable employment.

4. The matter has, therefore, been considered in consultation with Department of Ex-servicemen, Ministry of Defence. It has now been decided that if an ex-serviceman applies for various vacancies before joining any civil employment, he/she can avail of the benefit of reservation as ex-serviceman for any subsequent employment. However, to avail of this benefit, an ex-serviceman as soon as he/she joins any civil employment, should give self-declaration/undertaking to the concerned employer about the date-wise details of application for various vacancies for which he/she had applied for before joining the initial civil employment. Further, this benefit wou’d be available only in respect of vacancies which are filled on direct recruitment and wherever reservation is applicable to the ex-servicemen.

5.The above Orders shall take effect from the date of issue of this Office Memorandum.

6.All the Ministries/Departments are requested to bring the above instructions to the notice of all appointing authorities under their control, for information and compliance.

sd/-

(G. Srinivasan)

Deputy Secretary to the Government of India

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36034_1_2014-Estt.Res-14082014.pdf]

State Government employees are not covered within the terms of reference of the 7th central Pay Commission

State Government employees are not covered within the terms of reference of the 7th central Pay Commission

State Government employees are not covered within the terms of reference of the 7th central Pay Commission

While answering to a question in Parliament on 12th August 2014 regarding the employees working in State Government, Ministry of State for Finance Smt.Nirmala Sitharaman said that the State Government employees are not covered within the terms of reference of the 7th central Pay Commission.

She replied in written form to a question asked by a member that service conditions of State Government employees fall within the exclusive domain of respective State Governments. Therefore, State Government employees are not covered within the terms of reference of the 7th central Pay Commission.

Thus, the recommendations of Commission will not directly apply to State Government employees. Accordingly, it is not possible for the Central Government to indicate the financial burden on State Governments, if they decide to adopt the recommendation of the 7th Central Pay Commission in respect of their employees with or without modification.

She also added, the Central Government had sought the views of the State Governments and till the date of the constitution of the 7th Central Pay Commission on 28.2.2014, only 14 States had responded. These State Governments generally mentioned, inter-alia, that adoption of the recommendations of a Central Pay Commission by them in case of State Government employees adds to substantial financial burden

Since the decision to adopt the recommendations of the 7th Central Pay Commission in case of the State Government employees will exclusively concern respective State Government, the question of any assistance by the Central Government will not arise. However, the Terms of Reference of the 7th Central Pay Commission provide, inter-alia, that while making its recommendations, the Commission will also keep in view the likely impact of the recommendations on the finances of the State Governments, which usually adopt the recommendations with some modifications.

Source: www.cgstaffnews.in