Er. P.R. Charan Babu Mob. : Er. A.K. Pandey Mob. : Nizam Place 234/4, Acharya J.C. Bose Road Kolkata

Transcription

1 Editor : Er. P.R. Charan Babu Mob. : Associate Editor : Er. A.K. Pandey Mob. : Regional Offices : Eastern : Nizam Place 234/4, Acharya J.C. Bose Road Kolkata Western : 29/983, CGS Colony Sector - VII, S.M. Plot, Antophill Mumbai Southern : Shastri Bhawan 26, Haddows Road, Chennai & Zones, Branches & Unit all over the Country The provisional seniority list of AEs (Elect.) has been updated by the department on 08/11/2012 after withdrawing the earlier seniority lists considering objections raised by many AEs (Elect.). The same may be seen at The promotion of AEs (Civil) based on seniority list of 2002 has been stayed by CAT (PB) on 01/11/2012 for AEs whose seniority is brought down in seniority list of The order may be seen at Association website The Seniority list of 2011 of AEs (Civil) is already under stay by CAT (PB). The next list of grant of grade of ` 7600/- under MACPS for eligible AEs and EE joined before 1978 will be issued in the month of November DPC for grant of 3rd up-gradation in MACPS will be completed by Dec as assured by DG, CPWD for all due cases received by directorate. The proposal for restoration of ACPS with one time relaxation is being returned with queries. Association is bringing out much improved Diary All are requested to contribute for the same through Advts. to make it a success. The updated sanctioned strength of different categories in CPWD has been published by Directorate vide their OM F.No. 9/1/2012-S & D/638 dated 15/10/2012 (printed inside) New RRs for CES and CE&MES Class-I are notified by the Department on 17/10/2012 and same may be seen at cpwd web site. Process for regularization of ad-hoc AEs and EEs is in progress. Edited and Published by Er. P.R. Charan Babu on behalf of CPWD Engineers Association. Published from 'B' Wing (Outside End), Ground Floor, I.P. Bhawan, New Delhi Printed from "Ashok Printing Press", Bawana Industrial Area, Delhi-39

2 No /1/97-Estt. (D) Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training) ****************** North Block, New Delhi Dated: 4th October, 2012 OFFICE MEMORANDUM Subject: Assured Career Progression Scheme (ACPS) for the Central Government Civilian Employees regarding. The undersigned is directed to invite reference to the Department of Personnel & Training (DOP&T)'s Office Memorandum of even number dated with regard to the Assured Career Progression Scheme of the Central Government Civilian Employees. Para 8 of the Annexure-I attached with the Scheme provided as under: 1. The financial upgradation under the ACP Scheme shall be purely personal to the employee and shall have no relevance to his sensiority position. As such, there shall be no additional financial upgradation for the senior employee on the ground that the junior employee in the grade has got higher pay-scale under the ACP Scheme. 2. The ACP Scheme was applicable upto and was replaced by the Modified Career Progression Scheme (MACPS) with effect from As the revised pay scales are applicable w.e.f , those employees who received ACP between to got financial upgradation under ACP Scheme in the revised pay scales. 3. Instances of senior employees who got benefit under ACP Scheme prior to and are drawing less pay than their juniors who got benefits under ACP Scheme after (i.e. between and ) have been brought to the notice of this Department. The issue has been examined in consultantion with the Department of Expenditure and it has been decided to allow stepping up of pay in such cases where the senior, but for the pay revision on account of 6 th CPC, would have confined to draw higher pay, subject to the following conditions: i. Both the junior and the senior Government servants should belong to the same cadre and the posts in which they have been promoted/financially upgraded should be identical in the same cadre. ii. The pre-revised scale of pay and the revised grade pay of the lower and higher posts in which they are entitled to draw pay should be identical. iii. The senior Government servant should have been drawing equal or more pay than the junior before receiving ACP/Promotion. iv. The stipulations as contained in DOPT's O.M. No. 4/7/92-Estt.(Pay-I) dated along with revision of pay scales may be observed while granting such a stepping up of pay. 4. All Ministries/Departments may give wide circulation to the contents of this O.M. for general guidance and appropriate action in the matter. 5. Hindi version would follow. Mukta Goel Director(E-I) Tele:

3 No /3/2008-Estt.(D) (Vol. II) Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training) Establishment (D) North Block, New Delhi Dated: 4th October, 2012 OFFICE MEMORANDUM Subject: Modified Assured Career Progression Scheme for the Central Government Civilian Employees Clarification regarding Reference is invited to the Department of Personnel & Training OM No /3/2008- Estt.(D) with regard to Modified Assured Career Progression Scheme (MACPS). Pursuant to the discussions in the meeting of National Advisory Committee held on and subsequent meeting on held with the Staff Side and in continuation to clarifications issued vide this Department's O.M. No /3/2008- Estt.(D) (Vol. II) dated , it is further clarified as under: 2. (i) Financial upgradation under MACPS in the case of staff who joined another unit/ organisation on request: This Department's OM No /3/2008-Estt.(D) (Vol.II) dated provides that in case of transfer including unilateral transfer on request, regular service rendered in previous organisation/office shall be counted along with the regular service in the new organisation/office for the purpose of getting financial upgradations under the MACPS. However, financial upgradation under the MACPS shall be allowed in the immediate next higher grade pay in the hierarchy of revised pay bands as given in CCS (Revised Pay) Rules, It is now further clarified that wherever an official, in accordance with terms and conditions of transfer on own volition to a lower post, is reverted to the lower Post/Grade from the promoted Post/Grade before being relieved for the new organisation/office, such past promotion in the previous organisation/ office will be ignored for the purpose of MACPS in the new organisation/office. (ii) Benchamark for MACP Scheme: Para 17 of Annexure-I of the MACP Scheme provide that the financial upgradation would be on non-functional basis subject to fitness, in the hierarchy of grade pay within the PB-1. Thereafter for upgradation under the MACPS, the benchmark will be Very Good for financial upgradation to the grade pay of RS and above. This Department's OM No /3/2008-Estt.(D) (Vol. II) dated provides that where the financial upgradation under MACPS also happens to be in the promotional grade and benchmark for promotion is lower than the benchmark for granting the benefit under MACPS as mentioned in para 17 ibid, the benchmark for promotion shall apply to MACP also. It is now further clarified that wherever promotions are given on non-selection basis (i.e. on seniority-cum-fitness basis), the prescribed benchmark as mentioned in para 17 of Annexure-I of MACP Scheme dated shall not apply for the purpose of grant of financial upgradation under MACP Scheme. 3. The MACP Scheme issued by this Department vide OM No /3/2008-Estt.(D) dated 19 th May, 2009 stands modified to the above extent. 4. Hindi version will follow. Mukta Goel Director(E-I) Tele:

4 No /3/2008-Estt.(D) (Vol. II) Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training) Establishment (D) North Block, New Delhi Dated: 1 st November, 2010 OFFICE MEMORANDUM Subject: Modified Assured Career Progression Scheme for the Central Government Civilian Employees Clarification regarding. 1. A Joint Committee is set up to examine the anomalies pertaining to the Modified Assured Career Progression Scheme (MACPS) vide Department of Personnel & Training O.M. No. 11/01/2010-JCA dated During the joint committee meeting it was pointed out by the Staff Side that the word 'new organization' of the last line of para 24 of Annexure-I of MACPS dated was not in consonance with the spirit of the Scheme. The issue has been examined and it is clarified that in case of transfer 'including unilateral transfer on request, regular service rendered in previous organisation/office shall be counted alongwith the regular service in the new organisation/office for the purposes of getting financial upgradations under the MACPS. However, financial upgradation under the MACPS shall be allowed in the immediate next higher grade pay in the hierarchy of revised pay bands as given in CCS (Revised Pay) Rules, Para 24 of MACPS stands amended to this extent. 3. The staff Side also raised an issue on the 'benchmark' for MACP as given in para 17 of Annexure-I of MACPS dated , which provides that the financial upgradation would be on non-functional basis subject to fitness, in the hierarchy of grade pay within the PB-I, Thereafter for upgradation under the MACPS, the benchmark of 'good' would be applicable till the grade pay of ` 6600/- in PB-3. The benehmark will be "Very Good' for financial upgradation to the grade pay of ` 7600 and above, It was pointed out that in some cases the promotion to the next higher grade was made on the basis of 'fitness' as the method of promotion as specified in the relevant recruitment rules, was 'nonselection'. Therefore, in such cases benchmarks should not be insisted upon under the MACPS. The issue has been examined and it is clarified that where the financial upgradation under 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 ibid, the benchmark for promotion shall apply to MACP also. 4. All Ministries/Departments may give wide circulation to the contents of this O.M. for general guidance and appropriate action in the matter. 5. Hindi version will follow. (Smita Kumar) Director(Estt. I) Tele:

5 Hkkjr ljdkj egkfuns'kky;, dsunh; yksd fuekz.k fohkkx,lñ,.mñmhñ vuqhkkx dejk lañ 114,, fuekz.k Hkou] ubz fnyyh Ph. No , , Fax No No. 13/4/2011-S&D/629 Dated: 10 October, 2012 OFFICE MEMORANDUM Subject: Meeting with representatives of Central PWD Engineers Association. A meeting was held under the Chairmanship of Director General, CPWD on at 1600 hrs to discuss the issues related to Central PWD Engineers Association. The following were present in the meeting. CPWD 1. Sh. S.K. Mittal, DG, CPWD-on Chair 2. Sh. V.K. Gupta, Special DG ((HQ) 3. Sh. Sudhir Kumar, Addl. DG (Trg) 4. Sh P.K. Garg, DDG (Pers) 5. Sh. Balraj Chaddha, DDG (HQ) 6. Sh. Anupam Agrawal, Dir (S&D) 7. Sh. K.S. Gaur, EE (S&D) Association 1. Sh. Bhupendra Singh, President 2. Sh. Kamlakar Singh, Vice President 3. Sh. P.R. Charan Babu, General Secretary 4. Sh. Harpal Singh, Joint Secretary 5. Sh. S.N. Moitra, Finance Secretary 6. Sh. V.P. Singh, Chairman Action Committee 7. Sh. T.N. Pandey, Executive Member On the outset, Director General, CPWD welcomed all present in the meeting. Demands of the Association were discussed with the following decisions: 1. Immediate restoration of ACP Scheme and granting minimum 6600/- Grade Pay to all AEs after 24 years along with one time relaxation to opt for MACPS as on 01/09/08 to those AEs and EEs who already got 2 upgradations under ACPS. The Association informed that in the recent national anomaly committee meeting in July 2012, the proposal of staff side to approve individual option between MACPS & ACPS has been rejected by the official side and chances are that the proposal of UD Ministry specific to CPWD may also likely to be turned down by the Government. They requested to depute one senior officer to pursue the matter with the DoPT and department of expenditure. It was agreed that a Senior Officer shall be deputed for the purpose. Association was also informed that a DO letter by Joint Secretary (L&W) to Joint Secretary (E) DoPT has recently been written. The Association also wanted to record their specific demand for continuation of benefits of the erstwhile ACP scheme by any means. (Action: Addl. DG (S&P) 2. Time bound approval of 7600/- Grade Pay to all eligible AEs & EEs as per MACPS. The Association requested for time bound release of 3 rd MACPS to all eligible officers, as only about 400 cases have been cleared till date out of more than 2500 eligible to get it. Association was informed that screening committee meeting is conducted every month and around 300 cases are being covered. Efforts shall be made to clear the back log by Dec'

6 It was further requested by the Association that the officers found unfit in the earlier screening committee meetings, may be informed of their CRs and those eligible but not considered, may be considered in the next screening committee meeting. It was assured that matter shall be looked into. (Action: DDG(HQ) 3. Immediate adhoc promotion of AE to EE against all existing vacancies i/c cadre review posts in civil and electrical streams in both diploma and degree quotas as per CAT(PB)'s orders dated ensuring SC/ST quota. The Association requested for release of the promotions in electrical stream as per interim orders issued by CAT, PB for the year , as has been done in the Civil stream. They also requested for preparing panels in civil and electrical stream as for the year vacancies and for resultant vacancies arising out of promotions at higher posts. Promotions in ST quota for the year may be made in diploma stream as they are eligible without any need for relaxation of eligible service. It was informed that necessary action for promotions is already being taken. (Action: DDG(Pers) 4. Re-designation of post of Assistant Engineer as Deputy Executive Engineer as already approved by UD Minister in line with other posts like Addl. DG (Spl) as Special DG, PCE as Addl. DG, D'Man as Estimator etc. as per DoPT clarification empowering UD Ministry to re-designate any post. The Association demanded to submit the proposal to Ministry as the re-designation has already been approved by the then UD Minister and already recommended to DoPT. The Association was assured that matter shall be looked into. (Action: Director (S&D) 5. Abolition of departmental accounts exams for AEs and EEs by replacing the same with induction training in accounts on promotion for releasing increments. The Association informed that the departmental accounts exam should be done away with by replacing the same with induction training on promotion as many senior Assistant Engineers and Executive Engineers are facing difficulties in clearing the examination due to their pre-occupation in duties or old age etc. The Association was informed that revised Recruitment Rules of Executive Engineers are likely to be notified shortly, in which provision has been taken for mandatory successful training. The demand of the Association shall be considered favorably in the light of the provision of training in the revised RRs, after the same are notified. (Action: Addl. DG (Trg) 6. Removal of anomaly in the initial Pay Scale of AE by correcting the contradiction in para and of 6 th CPC report. The Association was informed that proposals for grant of ` 5400 grade pay in PB3 were sent twice to Ministry of Finance but the same were rejected. It is understood that Ministry at its own has re-submitted the proposal for grant of 5400 Grade Pay to Ministry of Finance in Aug'2012. The Association requested to pursue the matter in the Ministry of Finance by deputing a senior officer. It was assured that matter shall be pursued. (Action: Director (S&D) 7. Immediate amendment of Recruitment Rules of AE to EE as per DoPT's rules with failing which clause while protecting the interest of all incumbent diploma AEs. The Association was informed that in the revised draft RRs, interest of all incumbent regular diploma holder Assistant Engineers has been safe guarded. The Association was apprehensive that the diploma holder Junior Engineers may not get 2 nd ACP of EEs scale after 24 years (in case earlier ACPS in restored) because they shall not fulfill the criteria meant for promotion to the post of the Executive Engineer. 6

7 The Association was assured that in other cadres like Assistant (AD) etc. where 2 nd ACP has been granted equivalent to EEs scale. Therefore apprehension of the Association is unfounded and when the situation so arises, necessary action shall be taken. They were also informed that the provision of failing which clause for transfer of unfilled quota is not possible at this stage as RRs are in final stage of approval. (Action: DDG(HQ) 8. Immediate restoration of approved final seniority lists of AEs and EEs published during the years 2002 & 2004 respectively as per Delhi High Court's orders. The Association was assured that matter shall be looked into after perusal of the judgement of related court cases. (Action: DDG(HQ)/DDG(Pers) 9. Approval & notification of amended transfer and posting guidelines for EES and SEs with rotation between field and planning and declaration of IT Valuation/QA posts etc. sensitive planning posts instead of field posts. The Association was informed that the draft transfer posting policy is under consideration with the Ministry. The Association stated that many months have passed since the submission of proposal to the Ministry therefore matter should be pursued for the early approval. It was assured that matter shall be pursued with the Ministry. The Association also requested for implementation of change of nature of post in valuation cell and quality assurance from field to sensitive planning for the Assistant Engineers at least. It was informed that the same is not possible as proposal is already with the Ministry. (Action: DDG(Pers) 10. Immediate regularization of all ad-hoc AEs by holding regular DPCs from 2007 to The Association was informed that the proposal for regularization of adhoc AEs under the seniority quota is under consideration in the Directorate. The Association requested to complete the process before the notification of amended RRs of CES(Civil) and CE&MES. (Action: DDG(HQ) 11. Grant of ` scales to all eligible AEs as per seniority and release of arrears stopped by various PAOs to those AEs who are already granted the scale. The Association informed that even after issue of orders for grant of pay scale of ` /- to the applicants in the different OAs by the Directorate, Pay & Accounts Office is not accepting the revised pay fixed by the DDOs and has asked for clarification of DOPT whether the above pay scale to be treated as replacement scale or to be treated as promotional scale. It was informed that the matter was taken up with DOP&T for clarification but DoPT advised to get the clarification from Ministry of Finance, Department of Expenditure. Requisite clarifications to the observations of IFD of the MoUD in this regard have already been furnished. The Association requested that efforts may be made to settle the issue within IFD of the Ministry as court Judgements on the matter are very clear. It was assured the matter shall be pursued. (Action: DDG(HQ) 12. Simplification of manual procedures with enhanced delegated powers to field officers along with implementation of cadre restructuring. The Association brought the attention on issues e.g. removal of in-principle approval by technical sanctioning authorities for any deviation in works, making the delegated powers absolute at every level, restoring the powers of SEs as Project Manager by one higher level etc. while finalizaing the change monitoring committee recommendations. It was also proposed that they will submit detailed list of their suggestions for improvement of the functioning of CPWD for changes in manual etc. It was informed that in the post cadre review scenario, Change Management Committee was constituted to examine the functions and delegation of powers to various functionaries, the recommendations of the CMC have been placed on the website for feedback. Feedbacks received shall be analyzed and considered appropriately. (Action: Director (S&D) 7

8 13. Regularization of adhoc EEs as per UPSC's approved panel in the year 2004 and holding regular DPCs for balance vacancies as there is no stay by any court. The Association demanded immediate regularization of 1 st batch of adhoc EEs promoted during April-2006 based on UPSC panels received in the year 2004 as per Delhi High Court's interim order. They stated that CWP 840/2003 along with 858/2003 are dismissed by the DHC without pronouncing the judgment and hence the interim orders became absolute. The Association was informed that all pros and cons are being studies and the process for regularization will be taken up. (Action: DDG(Pers) 14. Restoration of Home Affairs Identity Card to Assistant Engineers. The Association was informed that Secretary (UD) has not agreed to the request for issue of open passes to Assistant Engineers. 15. Increase in tender Powers of AEs to at least ` 10 lacs in view of e-tendering. The Association was informed that Change Management Committee has considered the issue related to delegation of powers to various functionaries, the recommendations of the CMC have been placed on the website for feedback. Association however stated that in view of e-tendering there is little scope of any complaints at lower level tenders and the powers should be raised substantially at AE level for stream lining the system and for better deliverance. (Action: CE(CSQ). 16. Grant of Design and Planning basic pay to AEs & EEs. The Association was informed that a proposal for grant of Design 25% of Basic Pay and planning allowance at the rate of 10% of the basic to the SEs/EEs/AEs/ JEs posted in Planning and Design units of the Department was submitted to the Ministry in Nov 11, the same has been forwarded to Ministry of Finance by the MoUD and the same is under consideration with them. The Association requested to pursue the matter with Ministry of Finance. (Action: Director (S&D) 17. Improvement in working conditions of AEs and EEs. The Association demanded for mobile connections as well as inspection vehicle to all field officers in the interest of work. The Association was informed about an audit objection in this regard in some projects where such provision was made in the contract. It was however assured that matter shall be looked into. (Action: DDG(HQ) New points: 18. Abnormal delay in entry of higher qualification for AEs & EEs: The Association informed that in many cases, the higher qualification entry in the seniority list and grant of one time incentive are being delayed abnormally leading to the supersession of some officers in degree quota in promotions. They stated that even in cases where the one time incentive was already granted, entry of qualification in the seniority list is not being done. They urged that service book entry by the concerned controlling officers as well as their certificate that the degree has been verified for its genuineness should be enough for making the necessary entries. It was assured to devise a system in which such delays are avoided in future. (Action: DDG(HQ) 19. Shifting of date of effect of 2 nd ACP upgradation by 37 days due to strike period-audit note against the same: The Association informed that in Chennai during an internal audit, a para has been made questioning the postponement od date of effect of 2 nd ACP. It was stated that CCA has also found the contents of audit para as correct and accordingly action for refixing of pay by restoration of the original date should be taken by the CPWD. The Association was assured that matter will be looked into. (Action: DDG(HQ) 8

9 20. Special allowances for projects at Chungtang: The Association demanded extra allowances like high altitude allowance, risk allowance, project allowance, hard area allowance, medical insurance and life insurance etc. for officers working in Chungtang Project and similar other projects. It was stated that in principle approval by HLEC is already there. The Association was assured that matter shall be taken up with concerned authorities. (Action: ADG(Border) 21. Cancellation of Inter-Regional Transfers of AEs who attained more than 50 years of age without their relieving and other related issues: The Association requested to cancel unimplemented inter-regional transfers of AEs who attained 50 years of age as on date as has been done in a few similar cases. The Association also stated that in view of huge number of expected promotions from JE to AE, the shortage of AEs in ER & WR will be met with to a large extent and there is no need to transfer AEs from NR to these regions. The Association also raised the issue of relaxation of tenure in specific cases for posting them back in view of a circular issued by the directorate in this regard and stated that such a concession with be misused in most of the cases while the genuine cases will be denied. It would be better if the circular is withdrawn and the earlier practice is followed. The Association was assured that issues shal be look into. (Action: DDG(HQ) 22. Transfer of AEs under NR: The Association requested that the transfer of AEs under the NR should be entrusted to only one special DG either DR or NR for Delhi and NR. They were assured that only one Special DG will be in charge of transfers of AEs as per present practice. (Action: DDG(HQ) The meeting ended with thanks to the chair. This issues with the approval of Director General, CPWD. (Anupam Agarwal) Director (S&D) F. No /4/2012-Estt.(D) Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training) **** North Block, New Delhi Dated: 2nd November, 2012 OFFICE MEMORANDUM Subject: Comprehensive review of instructions pertaining to vigilance clearance for promotion-regarding. 1. Instructions issued vide O.M. No /1/99-Estt. (D) dated based on the O.M. No /4/1991-Estt. (A) dated (issued on the basis of procedure laid down by Supreme Court in K.V. Jankiraman case AIR 1991 SC 2010) makes it clear that vigilance clearance for promotion may be denied only in the following three circumstances: (i) Government servants under suspension; (ii) Government servants in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending; and 9

10 (iii) Government servants in respect of whom prosecution for a criminal charge is pending. Withholding of vigilance clearance to a Government servant who is not under suspension or who has not been issued a charge sheet and the disciplinary proceedings are pending or against whom prosecution for criminal charge is not pending may not be legally tenable in view of the procedure laid down in the aforesaid O.Ms. 2. Existing instructions provide for processing the cases of disciplinary proceedings in a time bound manner. A number of cases have however, come to notice where initiation of disciplinary proceedings/issue of chargesheet/processing of the case is considerably delayed by the administrative Ministries/Departments. Such delays allow an officer whose conduct is under cloud, to be considered for promotion. It becomes essential in respect of officer(s) in whose case disciplinary proceedings are contemplated or pending and are included in consideration zone for promotion, necessary action be taken for placing the proposal before the DPC so that vigilance clearance is not allowed as per conditions mentioned in para 1 above. 3. The Hon'ble Supreme Court in its judgment dated in Union of India Vs. K.V. Jankiraman etc. (AIR 1991 SC 2010) has held: A. An employee has no right to promotion. He has only a right to be considered for promotion. The promotion to a post and more so, to a selection post, depends upon several circumstances. To qualify for promotion, the least that is expected of an employee is to have an unblemished record. That is the minimum expected to ensure a clean and efficient administration and to protect the public interests. An employee found guilty of misconduct cannot be placed on par with the other employees and his case has to be treated differently. There is therefore, no discrimination when in the matter of promotion, he is treated differently". 4. The issue of promotion of an officer who may technically cleared from vigilance angle but in whose case it may not be appropriate to promote him/her in view of doubtful integrity or where a charge-sheet is under consideration etc. has been under examination in this Department. 5. The O.M. No /1/99-Estt. (D) dated 25th October, 2004 further provides that a DPC shall assess the suitability of the Government servant coming within the purview of the circumstances mentioned in para 2 of the Office Memorandum No /4/91-Estt.(A) dated , alongwith other eligible candidates, without taking into consideration the disciplinary case/criminal prosecution pending. No promotion can be withheld merely on the basis of suspicion or doubt or where the matter is under preliminary investigation and has not reached the stage of issue of charge sheet etc. If in the matter of corruption/ dereliction of duty etc., there is a serious complaint and the matter is still under investigation, the Government is within its right to suspend the official. In that case, the officer's case for promotion would automatically be required to be placed in the sealed cover. 6. When a Government servant comes under a cloud, he may pass through three stages, namely, investigation, issue of charge sheet in Departmental Proceedings and/or prosecution for a criminal charge followed by either penalty/conviction or exoneration/ acquittal. During the state of investigation prior to issue of charge sheet in disciplinary proceedings or prosecution, if the Government is of the view that the charges are serious and the officer should not promoted, it is open to the Government to suspend the officer which will lead to the DPC recommendation to be kept in sealed cover. The sealed cover procedure is to be resorted to only after the charge memo/charge sheet is issued or the officer is placed under suspension. The pendency of preliminary investigations prior to that stage is not sufficient to adopt the seales cover procedure. 7. The law on sealed cover based on the judgement of the Apex Court in Union of India vs. K.V. Janakiraman etc. (AIR 1991 SC 2010), is by now well settled. The O.M. dated

11 confined the circumstances for adopting sealed cover to the three situations mentioned in para 2 of the said O.M. Eve after recommendation of the DPC, but before appointment of the officer if any of the three situations arise, the case is deemed to have been kept in sealed cover by virtue of para 7 of the O.M dated As regards the stage when prosecution for a criminal charge can be stated to be pending, the said O.M. dated does not specify the same and hence the definition of pendency of judicial proceedings in criminal cases given in Rule 9 (6)(b)(i) of CCS (Pension) Rules, 1972 is adopted for the purpose. The Rule 9 (6)(b)(i) of CCS (Pension) Rules, 1972 provides as under: "(b) judicial proceedings shall be deemed to be instituted (i) in the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes cognizance, is made". 9. For the purpose of vigilance clearance for review DPC, instructions exist in O.M. No /2/99-Estt.(A) dated that review DPC will take into consideration the circumstances obtaining at the time of original DPC and any subsequent situation arising thereafter will not stand in the way of vigilance clearance for review DPC. However, before the officer is actually promoted it needs to be ensured that he/she is clear from vigilance angle and the provision of para 7 of O.M. No /4/91-Estt.(A) dated are not attracted. 10. Opening of sealed cover on conclusion of proceedings, is covered in the instructions in para 3 of the O.M. dated In cases where by the time the Departmental Proceedings are concluded and the officer is fully exonerated but another charge sheet has been issued, the second charge sheet will not come in the way of opening of sealed cover and granting promotion notionally from the date of promotion of the junior and para 7 of O.M. dated will not apply as clarified in the O.M. No /2/2002-Estt.(A) dated After the disciplinary proceedings are concluded and penalty is imposed, vigilance clearance will not be denied. The details of the penalty imposed are to be conveyed to the DPC. 11. This Department has issued separate instructions for accordance of vigilance clearance to a member of Central Civil Services/holder of Central Civil post with respect to (a) empanelment (b) deputation (c) appointments to sensitive posts and assignments to training programmes (except mandatory training) vide O.M. No /11/2007-(Estt. A) dated It has been further clarified in the O.M. No /6/2008-Estt. (A) dated that these instructions do not apply to promotions, While consideration for promotion is a right of an employee but empanelment, deputation, posting and assignment for training (except mandatory training) is not a right of an employee and is decided keeping in view the suitability of the officer and administrative exigencies. 12. It may thus be noted that vigilance clearance cannot be denied on the grounds of pending disciplinary/criminal/court case against a Government servant, if the three conditions mentioned in para 2 of this Department's O.M. dated are not satisfied. The legally tenable and objective procedure in such cases would be to strengthen the administrative vigilance in each Department and to provide for processing the disciplinary cases in a time bound manner. If the charges against a Government servant are grave enough and whom Government does not wish to promote, it is open to the Government to suspend such an officer and expendite the disciplinary proceedings. 13. All Ministries/Departments are, therefore, requested to keep in view the above guidelines while dealing with cases of vigilance clearance for promotion of the Government servants. (Virender Singh) Under Secretary to the Government of India Tel. No

12 F. No. 9/1/2012-S&D/638 Hkkjr ljdkj egkfuns'kky;] dsunh; yksd fuekz.k fohkkx,lñ,.mñ Mhñ vuqhkkx dejk lañ 114,] fuekz.k Hkou] ubz fnyyh Ph. No , , Fax No New Delhi Dated : dk;kzy; Kkiu Subject: Updated sanctioned strength of different categories in CPWD. The undersigned is directed to refer OM of even No. 518 dated on above mentioned subject and to state that the sanctioned strength of certain categories of posts have been updated/revised consequent to cadre review of these posts/revision/re-distribution in the sanctioned strength by competent authority, accordingly in partial modification to above referred OM dated , the updated sanctioned strength is an under: A. Sanctioned strength of Group A posts of CPWD Core Encadred posts Total Grade Posts in Income PWD Total strength E&F IB DONER MHA L&DO CPWD Tax Delhi Encadred Post Director General, CPWD 1 1 CES (Civil) Special Director General 4 1* 1 5 Addl. DG Chief Engineer Suptd. Engineer ** Executive Engineer AEE Total CE&MES Special Dirctor General 1 1 Addl. DG 3 3 Chief Engineer Suptd. Engineer 45 6** 6 51 Executive Engineer AEE Total

13 CAS Special Director General 1 1 Addl. DG 2 2 Chief Architect Senior Architect Architect Deputy Architect Total Dte. of Horticulture DDG(H) 1 1 Dir(H) 3 3 Dy. Dir(H) Total Raj Bhasha Cadre Assistant Director (OL) Grand Total (*) Post of E-in-C upgraded from HAG to HAG+ vide reference No. F. 10(129)/2002/PWD 1/ dated (**) One post of SE(Civil) converted in to SE(E) vide reference No. E-in-C/Dir(P)/27(3)/4077 dated B. Sanctioned strength of Group B & C posts of CPWD Grade Core Encadred posts Total Posts in Income PWD E&F L&DO Total strength CPWD Tax Delhi Encadred Group B Posts Post Civil Assistant Engineer Junior Engineer Elect. Assistant Engineer Junior Engineer Architecture Asstt. Architect Technical Officer Asstt. A.D Dte. Of Horticulture Asstt. Director # Section Officer # Ministerial Staff Officer Superintendent-I Officer Superintendent Raj Bhasha Cadre SHT JHT

14 Drawing Staff Cadre(##) Chief Estimator (Civil) Sr. Draughtsman (Civil) Chief Estimator (Elect) Sr. Draughtsman (Elect) Grand Total (#) Due to over sight, strength of AD(H) and So(H) was mentioned as 71 and 87 in OM of even No. 518 dated , now correct strength as 69 and 81 as issued vide OM of even No dated has been taken. Group C Posts Ministerial Staff UDC LDC Drawing Staff Cadre(##) Draughtsman (Civil) Draughtsman (Elect) Total (##) Revised strength as per cadre review approved vide No. 1194/US(F)/IFD/2 dated of the IFD of Ministry of Urban Development and ID No. 2(15)/E.III Desk/2012 dated of Department of Expenditure, Ministry of Finance. C. Region wise distribution of the sanctioned strength of following categories is as under: S.No. Post Distribution of revised strength Total NR ER SR WR 1. Assistant Engineer (C) Assistant Engineer (E) Junior Engineer (C) Junior Engineer (E) Assistant Director (OL) Senior Hindi Translator Junior Hindi Translator Office Superintendent-I @ 9. Office Superintendent @ 10. Upper Division Clerk @ 11. Lower Division Clerk @ 12. Chief Estimator (Civil) Sr. Draughtsman (Civil) Draughtsman (Civil) Chief Estimator (Elect) Sr. Draughtsman (Elect) Draughtsman (Elect) Worked charge category 12. Work Assistant Masson Plumber Carpenter

15 16. Beldar Chowkidar Electrician Foreman (AC & R) Foreman (Elect) Foreman (Mech) Khaiasi (@) Distribution of posts revised vide OM of even No. 573 dated Rest of the provision contained in above referred OM dated shall remain unchanged. This issues with the approval of Additional Director General (S&P), CPWD. Sd/- (vuqie vxzoky) funs'kd (,lñ,.mñmhñ) No /4/2010-Estt.(D) Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training) **** North Block, New Delhi Dated: 13 September, 2012 OFFICE MEMORANDUM Subject: Seniority of officers holding posts/grades in grades merged in pursuance of recommendations of Sixth Central Pay Commission. 1. The undersigned is directed to invite reference to para 2(i) of this Departments' O.M. No. AB-14017/66/2008-Estt. (RR) dated 9 th March, 2009, which provides that where all the posts in one or more pre-revised scales are merged with a higher pre-revised scale and given a common replacement scale/ grade pay/ pay scale, the suitability of the incumbents need not be assessed for granting them the higher replacement scale/grade pay/pay scale, there is also no need for the incumbents to complete any minimum eligibility seniority of the incumbents in the merged scale which shall be decided based on the general instructions on the subject. 2. The 6 th CPC in its recommendation contained in sub para (vi) of Para has stated that the seniority of government servant will depend on the grade pay drawn. This will invariably be more for a higher level post. References have been received from Ministry of Railways/Ministry of Defence etc. regarding fixation of seniority of officers after merger of pay scales in pursuance to recommendation of Sixth Central Pay Commission. The recommendation of 6th CPC has been accepted on and the marger of pay scale(s) of the post has been made effective w.e.f The issue of seniority has been further examined and it has been decided in consultation with UPSC and Department of Legal Affair that seniority of officers holding post in grades which have been merged in pursuance to recommendation of Sixth Central Pay Commission will be determined as follows: 15

16 REGD. No. DL(C)-01/1198/12-14 R N I NO.:- DELENG/2002/9035 (TO BE POSTED ON 8TH / 9TH OF THE FOLLOWING MONTH) Date of Publication - 30, 31 October 2012 Volume II/Issue No. 95 October 2012 I. The status of a government servant as on including those who have earned promotion between to will be protected as appointment/promotions are made as per the provisions of statutory recruitment rules applicable to the post/grade. The merger of the pay scale(s) of the post(s) as recommended by 6 th CPC have been made effective w.e.f ; the seniority of government servant which existed on (date of acceptance of recommendation of 6 th CPC) will be maintained i.e. the holder of post having higher pay scale or post which constituted promotion post for the posts in the feeder grade, will rank enbloc senior to those holding post having lower pay scale or the posts in feeder grade. II. Where posts having different pay scales prior to 6 th CPC recommendation and now after merger have come to lie in the same pay Band with same Grade Pay, the interse seniority of all employees will be fully maintained with employee in a higher prerevised pay scale being placed higher vis-a-vis an employee in a lower pay scale. Within the same pre-revised pay scale, seniority which existed prior to revision would continue. III. Where recruitment for the posts in different pre-revised pay scale(s) was initiated separately for each posts, prior to acceptance of recommendation of 6th CPC i.e. prior to but selected individual joined duty on or after in the revised pay scale(s) against the posts which have been granted same Grade pay, such officers will be assigned seniority enbloc below those officers who were in position as on IV. The availability of officers nominated on the basis of panel of promotion given by DPC or selection list given by selecting Authority will be decided as on In case a officer from the panel given by DPC or selection list given by selecting Authority has joined on or prior to , then status of all the officers included in panel given by DPC or selection list will be protected and all officer will be considered available and their seniority determined by following the basic principle of seniority i.e. order of panel given by DPC or merit list given by selecting Authority. In case all the officers included in the panel given by DPC or selction list given by selecting Authority joins after , then the seniority of such officers within a grade, will be determined by placing them below all available officers as on but maintaing their interse seniority in order of panel of DPC or merit list given by selecting authority. 3. All the cases of determination of seniority except merged MTS posts will be decided accordingly. The issue of determination of seniority of merged MTS (erstwhile Group D) posts would be taken up separately. 4. Hindi version will follow. Virender Singh Under Secretary to the Government of India Tel. No