Clarification on the admissibility of HRA during the CCL

Clarification on the admissibility of House Rent Allowance (HRA) during the Child Care Leave (CCL)

The Department of Expenditure, Ministry of Finance has clarified that Child Care Leave should also be considered as any other admissible leave for the purpose of allowing House Rent Allowance for first 180 days of leave.

This clarification has been issued by Department of Expenditure, Finance Ministry following many representations from the female employees that House Rent Allowance is being denied to them.

However, as per O.M .No 13018/1/2010-Estt.(Leave) dated 07.09.2010 Child Care Leave (CCL) is to be treated like Earned Leave and sanctioned as such.

Hence, the present Clarification issued by Finance Ministry cleary provides that the ‘total leave of all kinds’ as referred to in Para 6(a) of this Ministry’s OM dated 27.1.65 will include Child Care Leave for regulating grant of HRA during leave. It is also clarified that drawal of HRA during leave (including CCL) in excess of first 180 days, if otherwise admissible, shall be subject to furnishing of the certificate prescribed in Para 8(d).

The full text of this Office Memorandum No: 2(9) 12012-E.II(B) dated 27.08.2012 is as follows.

No. 2(9)12012-E.II(B)

Government of India

Ministry of Finance

Department of Expenditure

New Delhi, 27th August 2012

OFFICE MEMORANDUM

Subject- Clarification on the admissibility of House Rent Allowance (HRA) during the Child Care Leave (CCL) – Reg.

The undersigned is directed to refer to Para 6(a)(i) of this Ministry’s O.M.No.2(37)-E.II(B)/64 dated 27.11.1965, as amended from time to time, on regulation of House Rent Allowance during Leave which stipulates that a Government servant is entitled to draw HRA…..during total leave of all kinds not exceeding 180 days and the first 180 days of the leave if the actual duration of leave exceeds that period, but does not  include terminal leave, ….. It has also been stipulated, thereunder, that drawal of the allowance (HRA) during the period of leave in excess of first 180 day availed of on grounds other than medical grounds mentioned in sub-para (ii), shall be subject to furnishing of the certificate prescribed in Para 8(d) of the O.M. ibid.

2. This Ministry has been receiving representations from the female employees that certain Central Government Ministries / Department / Establishments are not allowing HRA during the Child Care Leave (CCL), especially when taken in continuation of Maternity Leave of 180 days. The reason for their reluctance may be the fact that CCL has been first introduced on the recommendations of the 6th Central Pay Commission, though the Department of Personnel & Training (DoPT), vide their O.M .No 13018/1/2010-Estt.(Leave) dated 07.09.2010 inter-alia, reiterated that the leave (CCL) is to be treated like Earned Leave and sanctioned as such.

3. It is, therefore, clarified that the ‘total leave of all kinds’ as referred to in Para 6(a) of this Ministry’s OM dated 27.1.65 ibid, will include Child Care Leave for regulating grant of HRA during leave, subject to fulfiment of all other conditions stipulated thereunder, from time to time. It is also clarified that drawal of HRA during leave (including CCL) in excess of first 180 days, if otherwise admissible, shall be subject to furnishing of the certificate prescribed in Para 8(d).

4. These orders take effect from 01.09.2008. HRA during CCL, if not paid to women employees who are entitled to it as per this clarification, may be reconsidered, if so requested by the concerned employee.

5. Hindi version is also attached.

sd/-

(Anil Sharma)

Under Secretary to the Government of India

DOPT issued FAQ on MACP Scheme

DOPT published some important instructions and standing orders through an order regarding MACP Scheme as FAQ.

FREQUENTLY ASKED QUESTIONS (FAQs) 

ON MODIFIED ASSURED CAREER PROGRESSION SCHEME

1. What is Modified Assured Career Progression Scheme (MACPS) ?

The MACP Scheme for Central Civilian Government Employees is in supersession of earlier ACP Scheme. Under the MACP Scheme three financial Up-gradations are allowed on completion of 10,20,30 years of regular service, counted from the direct entry grade. The MACPS envisages merely placement in the immediate next higher grade pay as given in Section I, Part-A of the first schedule of the CCS (Revised Pay) Rules 2008, in case no promotion has been earned by the employee during this period.

  

2. From which date the MACPS is effective?

The MACPS is effective w.e.f. 01.09.2008 or on completion of 10, 20 & 30 years of continuous regular service, whichever is later. Financial upgradation will also be admissible whenever a person has spent 10 years continuously in the same grade pay. (Para 9 of OM dated 19/5/2009)

3. Who are entitled for financial under the MACPS?

The MACPS is applicable to all Central Government Civilian Employees.

  

4. What norms are required to be fulfilled while granting the benefits under MACPS?

The financial upgradation would be on non-functional basis subject to fitness in the hierarchy of pay band and grade pay within PB- 1. Thereafter, only the benchmark of ‘Good’ would be applicable till the grade pay of Rs.6600 In PB-3. The benchmark will be ‘Very Good’ for Financial upgradation to the grade pay of Rs.7600 and above. However, where the Financial upgradation under the MACPS also happen to be in the promotional grade and benchmark for promotion is lower than the benchmark for granting the benefits under MACPS as mentioned in para 17 of the Scheme, the benchmark for promotion shall apply to MACP also.

O.M.N0.5034/3/2008-Estt(D) dated 01/11/2010

  

5. Whether Pay Band would be changed at the time of grant of financial upgradation under MACPS?

Yes.

OM.N0.35034/3/2008-Estt.(D) dated 09/09/2010

  

6. Whether the promotions in same grade would be counted for the purpose of MACPS?

The financial up-gradation under the MACPS is in the immediate next higher grade pay in the hierarchy of recommended revised pay bands and grade pay as given in CCS (Revised Pay) Rules, 2008. However if the promotional hierarchy as per recruitment rules is such that promotions are earned in the same grade pay, then the same shall be counted for the purpose of MACPS.

  

7. How will the benefits of ACP be granted if due between 01 .01.2006 and 31.08.2008?

The revised pay structure has been changed w.e.f. 01.01.2006 and the benefits of ACPS have been allowed till 31.08.2008. Hence, the benefits of revised pay structure would be allowed for the purpose of ACPS.

(OM No.35034/3/2008-Estt. dated 9.9.2010)

8. Whether adhoc appointment would be counted towards qualifying service for MACPS?

No. Only continuous regular service is counted towards qualifying service for the purpose of MACPS. The regular service shall commence from the date of joining of a post in direct entry grade on a regular basis. (Para 9 of the MACPS)

  

9. Whether State Government service shall be reckoned for the purpose of MACPS?

No. Only regular service rendered in the Central Government’s Department/Office is to be counted for the purpose of MACPS, as the Scheme is applicable to the Central Government Civilian Employees only. ( MACPS , Para 10)

  

10. What are the periods included in the regular service?

All period spent on deputation/foreign service, study leave and all other kind of leave, duly sanctioned by the competent authority shall be included in the regular service. (Para 11. MACPS)

  

11. How is the MACPS to be extended to the employees of Autonomous and Statutory Bodies?

Procedure prescribed in OM No.35034/3/2010- Estt(D),Dated 03/08/2010 would be followed by the administrative Ministries/Departments concerned for extension of the MACPS to the employees of Autonomous and Statutory Bodies under their control.

  

12. Whether the cases of grant of financial upgradation allowed under the ACPS between 01.09.2008 and 19.05.2009, the date of issue of the Scheme are be reviewed?

Yes. Since the benefits of ACPS have been discontinued w.e.f. 01.09.2008, the cases settled between 01.09.2008 and 19.05.2009, in terms of previous ACP Scheme shall be reviewed.

  

13. Whether the past continuous regular service in another Govt.Deptt. in a post carrying same grade pay prior to regular appointment in a new Deptt. without a break shall be counted towards qualifying regular service for the purpose of MACPS?

Yes. ( Para 9, MACPS)

  

14. Upto what grade pay the benefits under the / MACPS is allowed?

The benefits of MACPS are being up-to HAG scale of Rs. 67000 – 79000/- (DOPT’s O.M.No.35034/3/2008-Estt.(D) dated 24.12.2010)

  

15. How the cases of pre-revised pay scales (Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 & Rs.7450-11500) merged w.e.f. 01.01.2006 are to be decided under MACPS?

The cases would be regulated in accordance with para 5 of Annexure-I of MACPS. The Ministries/Departments are expected to re-organise cadres and frame common RRs for the post in merged scales.

  

16. Whether ‘Non-functional Scale’ of Rs.8000-13500 (revised to grade pay of Rs.5400 in PB-3) would be viewed as one financial upgradation for the purpose of MACPS?

Yes, in terms of para 8.1 of Annexure-I 01 MACPS dated 19.05.2009.

  

17. Whether time bound promotion’ scheme including ‘in-situ promotion’ scheme can run concurrently with MACPS?

No. ( Para 13 of MACPS)

  

18. Whether Staff Car Drive Scheme can run concurrently with MACPS?

DOPT vide O.M.No.35011/03/2008-Estt.(D),30/07/2010 has extended the benefits of MACPS to Staff Car Drivers as a fall back option

19. Whether the placement of erstwhile Gr. D employees as Staff Car Driver, ordinary grade would count as a promotion?

No. The model RRs for Staff Car Drivers provide deputation/absorption as a method of appointment for erstwhile Gr. D employees . The placement as staff Car Driver is not in the hierarchy hence the same would not be counted as promotion under MACPS. The regular service for the MACPS would be from the date of appointment as Staff Car Driver.

  

20. Whether designation classification or higher status would change on account of financial upgradation under MACPS?

There shall be no change in the designation classification or higher status on grant of financial upgradation under MACPS, as the upgradation under the Scheme is purely personal and merely placement in the nexl higher grade pay. (Para 16 of Annexure-l of MACPS refers)

21. If a financial upgradation under the MACPS is deferred due to the reason of the employees being ‘unfit’ or due to departmental proceedings, etc, whether this would have consequential effect on the subsequent financial upgradation?

Yes, this would have consequential effect on the subsequent financial upgradation, which would also get deferred to the extent of delay in grant of financial upgradation. ( MACPS, Para 15)

  

22. Whether the stepping up of pay would be admissible if a junior is getting more pay than the senior on account of grant of financial upgradation under MACPS?

No stepping up of pay in the band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACPS.

Para 10 of OM dated 19/5/2009

  

23. Whether the regular service rendered by an employee if declared surplus in his/her organisation and appointed in the same grade pay or lower grade pay shall be counted towards the regular service in a new organization for the purpose of MACPS?

Yes. (refer para 23 of Annexure-l of MACPS)

  

24. In case of transfer including unilateral transfer own request, whether regular service rendered in previous organisation/office shall be counted alongwith the regular service in the new organization for the purpose of MACPS?

Yes. OM No.35034/3/2008-Estt(D) dated 01/11/2010

25. If a regular promotion has been offered but was refused by the employees before becoming entitled to a financial upgradation under the MACPS, whether financial upgradation shall be allowed to such a Government servant?

If a regular promotion has been offered but was refused by the Government employee before becoming entitled to a financial upgradation, no financial upgradation shall be allowed and as such an employee has not been stagnated due to lack of opportunities. If, however, financial upgradation has been allowed due to stagnation and the employees subsequently refuse the promotion, it shall not be a ground to withdraw the financial upgradation. He shall, however, not be eligible to be considered for further financial upgradation till he agrees to be considered for promotion again and the next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal.( Para 25 of MACPS).

FREQUENTLY ASKED QUESTIONS (FAQs) ON RTI

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

Dopt issued on Frequetnly Asked Questions on Non-Functional Upgradation.

Department of Personnel and Training has issued an another clarification as Frequently Asked Questions regarding Non-Functional Upgradation to for Officers of Group A Services working in Central Government. We have reproduced the content of the dopt orders and placed hereunder for your ready reference...

DEPARTMENT OF PERSONNEL AND TRAINING ESTT. (RR) 

DIVISION FREQUENTLY ASKED QUESTIONS ON NON-FUNCTIONAL UPGRADATION (NFU)

S.No.	Point of doubt	Clarification
1	What are the recommendations of 6th CPC for grant of Non-Functional Upgradation to for Officers of Organized Group A’ Services?	The Government should, consider batch-wise parity while empanelling and /or posting at Centre between respective batches of IAS and other organized Group A services with the gap being restricted to two years. Whenever any IAS officer of a particular batch is posted in the Centre to a particular grade carrying a specific grade pay in pay bands PB-3 or PB-4. grant of higher pay scale on non-functional basis to the officers beloAnging to batches of organized Group A services that are senior by two years or more should be given by the Government.
2	Whether the recommendations of 6th CPC have been accepted by the Government?	Yes. This will also be applicable to the Indian Police Service and the Indian Forest Service in their respective State Cadres for which the relevant cadre controlling authorities will issue the orders, (Ministry of Finance, Department of Expenditure Notification dated 29rd August, 2008 refers)
3	When were the guidelines on NFU issued by DOPT?	DOPT have issued instructions on grant of officers of Organized Services in OM No. 14017/64/2008-Estt.(RR) dated 24th April, 2009.
4	To whom the instructions are applicable?	NFU is applicable to the officers of Organized Group A services in PB-3, PB-4 and in HAG scale also where there is such a Grade in the Service
5	From which date the grant of NFU to officers of Organized group A services is to be made?	The benefit is based on the recommendations of 6th CPC and will be available w.e.f the date of posting of IAS officers in various grades on/after 01.01. 2006.
6	What are the eligibility conditions to be met for grant of NFU?	The terms and conditions for grant of NFU are prescribed in the Annexure to the OM dated 24.4.2009. As per the same all the eligibility criteria and promotional norms including ‘benchmark’ for upgradation to a particular grade pay would have to be met at the time of screening for grant of higher pay scale under these orders.
7	What is the definition of the term 'Batch’?	For the purpose of grant of NFU the 'Batch' for direct recruit officers in the induction grade shall be the year following the year in which competitive exam was held. In subsequent grades the ‘Batch’ would remain the same provided the officer is not superseded due to any reason. In case an officer is superseded the officer would be considered along with the ‘Batch’ with which his seniority is fixed.
8	Where the entry of officers in Organized Group A Service by DR is at STS, JAG level, how the ‘Batch’ shall be reckoned?	In respect of officers entering Organized Group A service by DR at STS, JAG level, they shall be assigned the benefit of ‘Batch’ corresponding to the ‘Batch’ of the officers with whom the seniority is clubbed.
9	Whether the benefit is available to Group B officers inducted into the Organized Group A service?	Yes. Such officers shall b assigned the benefit of ‘Batch’ corresponding to the batch of the ‘direct recruit’ officers with whom their seniority is clubbed.
10	Whether the officers can exercise option regarding date of fixation in the higher scale as provided in CCS(RP) Rules?	Provisions of CCS(RP) Rules, 2008 will apply.
11	Whether retired employees are eligible for the benefit of NFU?	Retired officers who are other wise eligible as on due date shall be considered for the benefit of pay upgradation.
12	Whether the scheme is applicable to Scientists, Doctors, etc. who are covered by their own in-situ promotion schemes?	Non-Functional Upgradation and other in situ promotion schemes are separate schemes and it would not be desirable to mix one with the other. The benefit of NFU to Organized Group A Services shall not be applicable to the officers in those Organized Services where FCS and DACP Schemes are already operating and where officers are already separately covered by their own in-situ Career Progression Schemes.
13	Whether DOPT OM dated 13.4.2010 on communication of ACR prior to 2008-09 is applicable while considering cases for NFU?	The instructions issued in this Department’s OM dated 13.4.2010 on communication of ACRs prior to 2008- 09 shall be applicable for considering cases of NFU also.
14	What is the due date of upgradation if found unfit on the date assigned to a batch?	If an officer is not found eligible during a vacancy year and is found fit in the next vacancy year, NFU may be granted from the 1st April. i.e. the 1st day of the next vacancy year.
15	How to consider cases where the officers do not meet the qualifying service in the vacancy year in which the batch is covered for non functional up gradation?	If an officer does not meet the eligibility requirement as on the 1st January of the corresponding vacancy year then such officer is to be considered for grant of NFU in subsequent vacancy year on completion of qualifying service w.e,f. 1st April, i.e. 1st day of the next vacancy year .
16	How the NFU shall be given in respect of officers given penalty?	The NFU becoming due after the expiry of the penalty period may be granted w.e.f. the due date as per DOPT instructions. In respect of officers for whom NFU becomes due before the expiry of the penalty period, the same may be granted from the day next to the date on which penalty gets over.
17	Whether the instructions regarding counting of past Group A service at the time of lalteral entry on DR basis to higher grades as per DOPT OM dated 1.9.98 shall be applicable for grant of NFU also?	In view of the provisions on meeting the prescribed eligibility criteria and promotional norms in DOPT OM dated 24.4.09. these instructions shall be applicable for the purpose of grant of NFU also.

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(Mukta Goel)

Director

Source: DoPT