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Saturday, January 21, 2017

Instructions on sealed cover procedure – where Government servant has been acquitted but appeal is contemplated/pending -clarification reg

Instructions on sealed cover procedure – where Government servant has been acquitted but appeal is contemplated/pending -clarification reg

F. No. 11012/6/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk


North Block, New Delhi
Dated: 19th January, 2017

OFFICE MEMORANDUM

Subject: Instructions on sealed cover procedure – where Government servant has been acquitted but appeal is contemplated/pending -clarification regarding.

The undersigned is directed to refer to this Department’s O.M. No.22011/4/91-Estt.A dated 14.09.1992 issued in the light of the Judgement dated 27.08.1991 of the Hon’ble Supreme Court in the case of Union of India v/ s K.V. Jankiraman etc. (AIR 1991 SC 2010). References have been received seeking clarification with regard to the course of action in cases where the Government servant is acquitted by trial court but an appeal against the judgment is either contemplated or has been filed. This issue has been examined in the light of various court judgements including Bank of India and another vs. Degala Suryanarayana, Appeal (Civil) 3053-54 of 1997, (1999) 5 SCC 762 in consultation with Department of Legal Affairs and it is clarified as following:

i.Where the recommendation of DPC has been kept in sealed cover solely on account of pendency of the criminal case, the sealed cover may be opened in case of acquittal of the Government servant  provided it has not been stayed by a superior court.

ii.In the order of promotion a mention may however be made that the promotion is provisional subject  to the outcome of appeal that may be filed against, the acquittal of the Government servant. The promotion thus will be bwithout prejudice to the action that may be taken if the judgement of the trial court acquitting the Government servant is set-aside.

iii.In case on appeal the Government servant stands convicted,following action will be taken:

a.The provisional promotion shall be deemed non est, and the Government servant shall stand reverted;

b.In case of the Government servant being sentenced to imprisonment exceeding 48 hours, he will be deemed to be under suspension in terms of rule 10(2)(b) from the date of conviction;

c.Action under rule 19 (i) of the CCS(CCA) Rules, 1965,read with OM No. 11012/11/85-Estt (A) dated the 11th November, 1985 and 4th April, 1986 shall be taken.

2. All Ministries/ Departments are requested to bring the aforesaid instructions to the notice of all concerned and take action accordingly.

3. Hindi version will follow.

(Mukesh Chaturvedi)
Director (E)
Tele: 2309 3176

Signed Copy

GDS Committee report - Present TRCA as per the relevant arrear tables

GDS Committee report - Present TRCA as per the relevant arrear tables

Payment of Arrears: Since, the fixation of wages and payment as per the revised wage to GDSs in the new wage level and wage scale will be from a prospective date, the GDSs should be paid arrears from 01.01.2016 till the prospective date whichever date is fixed by the Department according to the TRCA slab/workload prior to fixation of wages in the new wage scale as per illustration given below.

Illustration 1: Consider one GDS BPM prior to fixation in new wage scales is working in 3 hours TRCA slab. The GDS BPM will be fixed in 4 hours after fixation in the new wage scale once the recommendation of the Committee is approved. He will be paid wages for 4 hours in the new scale on implementation of the recommendations of report which would be any date prospectively after submission of report. Therefore, for the period between 01.01.2016 and the date of implementation of recommendations of report, the GDS BPM will be paid arrears according 3 hours TRCA.

Illustration 2: Consider one GDS BPM prior to fixation in new wage scales is working in 3hours TRCA slab from 01.01.2016 to 31.05.2016 and then in 3.30 hours TRCA slab from 01.06.2016 to the date of implementation of recommendations of Committee. In this case, he/she will be paid arrears according to 3 hours TRCA slab from 01.01.2016 to 31.05.2016 and then arrears according to 3 hours 30 minutes from 01.06.2016 till the date of implementation of report, before he/she is fixed in new wage slab of 4 hours.

Based on above illustrations, the Committee has prepared 11 arrear tables for each existing slab the details of which are given Table 10.14.

Average increase in wages: The Committee noticed that due to rationalization of working hours and clubbing of 11 TRCA slabs in new wage scales, the average increase in wages of GDSs will be 30.22%.

Reduction in TRCA: In Tamil Nadu Circle a large number of GDSs informed the Committee that their TRCA has been reduced from higher TRCA slab to lower TRCA slab due to decrease in workload. They informed that the decrease in workload is not due to reasons which can be attributed to them. They informed to the Committee that sometime State Government withdraw some services from the post Offices and get it done through other agency. This withdrawal of service impacts GDS workload and it reduces steeply. They further informed that they have no role to play in the withdrawal of service but they are penalized for no fault of theirs. They requested the Committee to abolish the provision of reduction of TRCA from higher slab to lower slab in any circumstances.

Table 10.14
SN
Category
TRCA Slab
Number Of Table
1

MC/MP/MM
3 Hours
1
2
3 Hours 45 minutes
2
3
5 Hours
3
4

MD/SV
3 Hours
4
5
3 Hours 45 minutes
5
6
5 Hours
6
7


BPM
3 Hours
7
8
3 Hours 30 Minutes
8
9
4 Hours
9
10
4 Hours 30 minutes
10
11
5 Hours
11

The Committee analyzed this issue and discussed with several stakeholders and recommends that the wages of GDS should not be reduced from level 2 to level 1 in the new wage scale.

Date of implementation: The Committee recommends that date of implementation of increase of wages should be effective from 01.01.2016 as in the case of recommendation of 7th CPC for regular Central Government employees. The Committee however, recommends that placement of GDSs, other than BPMs with 3 hours and 3 hrs 45 minutes of workload in the wage scale of 10000-24470 (4 hours); BPMs with workload of 3 hours and 3hrs 30 minutes in the wage scale of 12000-29380 and BPMs with 4 hours 30 mts of workload in the wage scale of 14500 – 35480 will be done only prospectively after revision of their working hours. They will be placed at the corresponding stages with reference to the present TRCA as per the relevant arrear tables among the 11 tables given below.

GDS Employees TRCA Arrear Tables 1 

GDS Employees TRCA Arrear Tables 2 

GDS Employees TRCA Arrear Tables 3 

GDS Employees TRCA Arrear Tables 4 

GDS Employees TRCA Arrear Tables 5 

GDS Employees TRCA Arrear Tables 6 

GDS Employees TRCA Arrear Tables 7 

GDS Employees TRCA Arrear Tables 8 

GDS Employees TRCA Arrear Tables 9 

GDS Employees TRCA Arrear Tables 10 

GDS Employees TRCA Arrear Tables 11

Source: GDS Committee Report

Friday, January 20, 2017

GDS Employees New Matrix of Wage Scales

GDS Employees New Matrix of Wage Scales

Matrix of new wage scales: Based on the recommended minimum wage for each category, the committee recommends 3 wage Scales which will progress from minimum to maximum as shown in following matrix at Table 10.13

Table – 10.13
New Wage Matrix
Wage Scale – 1

Assistant Branch Postmaster/Dak Sevak
LEVEL-1
10000 - 24470

Wage Scale – 2

(a)Assistant Branch Postmaster/Dak Sevak
LEVEL -2 &
(b)Branch Postmaster
LEVEL – 1
12000 - 29380
Wage Scale – 3

Branch Postmaster
LEVEL-2
14500 - 35480
Stage
Wage
Stage
Wage
Stage
Wage
1
10000
1
12000
1
14500
2
10300
2
12360
2
14940
3
10610
3
12740
3
15390
4
10930
4
13130
4
15860
5
11260
5
13530
5
16340
6
11600
6
13940
6
16840
7
11950
7
14360
7
17350
8
12310
8
14800
8
17880
9
12680
9
15250
9
18420
10
13070
10
15710
10
18980
11
13470
11
16190
11
19550
12
13880
12
16680
12
20140
13
14300
13
17190
13
20750
14
14730
14
17710
14
21380
15
15180
15
18250
15
22030
16
15640
16
18800
16
22700
17
16110
17
19370
17
23390
18
16600
18
19960
18
24100
19
17100
19
20560
19
24830
20
17620
20
21180
20
25580
21
18150
21
21820
21
26350
22
18700
22
22480
22
27150
23
19270
23
23160
23
27970
24
19850
24
23860
24
28810
25
20450
25
24580
25
29680
26
21070
26
25320
26
30580
27
21710
27
26080
27
31500
28
22370
28
26870
28
32450
29
23050
29
27680
29
33430
30
23750
30
28520
30
34440
31
24470
31
29380
31
35480

Fitment Factor : The Committee recommends that the same fitment factor of 2.57 as applied by the 7th CPC for Central Government Employees be adopted in the cases of both categories of GDSs. The committee noted that those GDSs working at lower TRCA slabs will get the maximum benefit due to increase in the minimum wages, working hours and clubbing of TRCA slabs.


Gramin Dak Sevak Committee Report Major Recommendations are Summarised


Fixation of Wages: With regard to fixation of wages of the Gramin Dak Sevaks in the New Wage Matrix, the existing Time Related Continuity Allowance (TRCA) in the pre-revised structure as on 31st day of December, 2015 shall be multiplied by a factor of 2.57. The figure so arrived at is to be located in the Level corresponding to GDS’s wages in the new Wage Matrix at 10.13. If a Cell identical with the figure so arrived at is available in the appropriate Level, that Cell shall be the revised wage; otherwise the next higher cell in that Level shall be the revised wage of the GDS. The committee further recommends that the payment to GDSs as per revised wages in the new wage scale should be done prospectively.