1.
Whether the divisional superintendent who is a witness or a
party in the case can issue charge sheet to an employee, to whom he is
disciplinary authority?
No. In such cases an adhoc disciplinary
authority must be appointed.
2.
Whether any punishment can be imposed with retrospective effect?
No. No penalty can be imposed
retrospectively; it can only be prospective, either from the date of issue of
punishment order or from a prospective date
3.
Whether the punishment of reduction of pay awarded under Rule 16 will affect
pension?
No. Any punishment awarded under rule 16
should not affect pension. But if an inquiry as specified under Rule 16(b) is
conducted such a punishment can be imposed.
4.
Whether promotions can be accorded if the punishment order has not become
operative?
Yes. It should be. Promotions cannot be
ordered during the currency of punishment.
5.
Can an official be reduced in rank to a rank lower to which he was originally
appointed?
No. He cannot be reduced to a rank lower
than the rank to which he was originally appointed
6.
Whether an order of stoppage increments with cumulative effect will affect
seniority?
No. But an order of reduction to a lower
rank/post will affect seniority, if ordered as such (Rule 11 Goi 10)
7.
What is the DOPT instructions, in determination of seniority in case of
reduction to a lower rank/post?
Latest Modification is unclear
8
After acquittal from court on criminal charge, whether the dept can take disc
action on the same charge?
NO, if the official is acquitted
honourably. But if the acquittal is for lack of evidence etc… Dept can proceed,
if it has got enough evidence to prove the charge. This is because the
standards of proof required in a deptl inquiry and in criminal proceedings are
different.
9
Whether an officer holding current charges can exercise the disc powers
attached to the post?
NO
10
Whether the lower authority (SP) can award major penalty to an official
appointed by the higher authority (SSP)?
No. No civil servant shall be dismissed
or removed from service, by an authority subordinate to appointing authority.
One official may have many appointing
authorities in every stage of promotion etc… Therefore the highest authority
among these appointing authorities can only impose major penalties.
11
What is the period after which a suspension order will have to be reviewed?
As per sub Rule 10 sub rule 6&7(ccs
(cca)) the 1st suspension order will remain in force only for 90 days. Before
the expiry of 90 days the suspension order will have to be extended based on
the recommendations of the review committee The review committee can also
recommend extension of suspension only up to 180 days at a time.
12
Whether the suspension order can be prolonged with out the issue of charge
sheet?
Yes if the review committee recommends
extension, but it will be difficult to justify such prolonged suspension. CAT
Bangalore in a judgement in case of A.S.Krishnamachari vs UOI 1993(1) LiL
(cat)195 Bangalore
held that non issue of charge sheet even after 180 days is unjustified and
quashed the suspension order.
13
weather the committee is empowered to extend suspension beyond 180 at a time ?
Yes. But not at a time, the committee
has to review suspension before the expiry of 180 days
14
Weather the closed cases can be reopened?
Yes. The reviewing authority after
giving a due notice to the concerned official with in the period prescribed for
such a review can revise the order earlier made by the disciplinary authority.
18
What is the financial power of LSG& HSG POSTMASTERS?
Rs 30/- to LSG and Rs 60/- to HSG,
Subject to availability of funds allotted by DO
19
Can an authority force an official to take VR When he becomes physically or
mentally disabled?
No. As per DOPT orders dated 19-01-2004
no establishment shall dispose with or reduce in rank an employee who acquired
disability during his service. In case if it is not possible to adjust him
against any post, he may be kept on a super numery post until a suitable post
is found or made available or till the date of his retirement on
superannuation. This order is based on the amended provisions of the section 47
of the “ persons with disability act1995”
21
Whether any time limit is prescribed for disposal of representations received
22.
Whether one official already placed under suspension can function as Defence
Assistant in other Case?
Yes: As per the Rule 14 (18) of CCS
(CCA) rules 1965, it is permissible. This has been examined by the Kerala High
Court and opined that there is no rule that a person under suspension is not
entitled to Assist another Govt. Servant in enquiry proceedings.
23.
What are all the circumstances under which, the Dies non can be awarded?
The day can be marked as ‘Dies non’ only
under the following three circumstances.
i) When the official remains absent from
duty without prior information.
ii) When on duty in office, the official
leaves the office without proper permission ; and
iii) The official remains in office, but
refuses to perform duty assigned to him. In any circumstances , dies non should
not be issued without issuing show a cause notice.
24.
Whether late coming to office can be treated as ‘Dies non’?
No. A day on which an official comes
late and works throughout the day during office hours will not be marked as
dies non. Treating this day as ‘Dies non’ for coming late is not contemplated
in the rules. The proper course in such case would be debit the ½ day casual
leave account of the official as per instructions. This is confirmed in the
DG’s letter dated 26.12.79
Further the Department in its letter dt
22.07.75, has stated that Half day CL should be debited to the CL account of a
Government Servant for each late attendance up to one hour on not more than two
occasions may be condoned by the competent authority, if he is satisfied.
25.
What is the position in case if no casual leave for debiting to late
attendance? If the leave sanctioning authority does not want to condone the
delay, what action can be taken?
If an official who has no casual leave
to his credit comes late without sufficient justification and the
administrative authority is not prepared to condone the late coming, he may
inform the official that he will be treated as an unauthorised absence for the
day on which he come late and leave it to the official himself either to face
unauthorised absence or to apply for earned leave or any kind of leave due and
admissible for the entire day, the same may be sanctioned. This is order of the
Ministry of Home Affairs dt 05.03.82 As such Question of dies non will not
arise in such cases.
26.
A rule 14 charge sheet was issued to the official and he died when the case was
under enquiry stage. What will be the fate of charge sheet? Whether the family
will bet pensionary benefits?
As per the DOPT order dated 20.10.99.
where a Government Servant dies during the pendency of the inquiry(i.e) without
charges being proved against him, imposition of penalty is not justifiable.
Therefore the disciplinary proceedings should be closed immediately. Family of
the official is fully entitled to avail all the retirement / pensionary
benefits as available to the family of the deceased employee.
27.
Whether the adverse entry in the confidential report is operative in case the
representation made against the same is pending with the appellate authority?
Adverse remarks should not be deemed to
be operative, if any representation filed with in the prescribed limit is
pending. Further, the representation should be decided with in three months by
the competent authority.
28.
What is the time limit for making representation against adverse entry?
As per the old rules, only one
representation against adverse entries should be allowed within one month of
their communication. Even belated representations may be considered if there is
satisfactory explanation for the delay ( DOPT order dt 31.10.61.). An appeal
against rejection of representation against adverse entries can be made with in
six months after such rejection. Now the CR system has been modified as APAR
(Annual Performance Assessment Report. As per the new schemes 15 days times for
the receipt of communication will be given.
29.
An official was placed under suspension on flimsy reasons. He has been awarded
with only minor punishment under Rule 16. What is the fate of suspension
period?
Where the departmental proceedings ended
with the imposition of minor penalty against a suspended employee, the
suspension can be said to be wholly unjustified in terms of FR 54 ( B). There
fore the employee concerned should be paid fully pay and allowances for the
period of suspension.
30.
Whether any specific orders are required for declaring holiday’s during General
election? If not what are the provisions.
No Separate order is required. It should
be declared as closed holiday on the following circumstances.
i) In the notified areas where General
election to State Legislative assemblies scheduled to be conducted.
ii) In connection with by-elections to
Loksabha/ State Assembly, the office shall not be closed. However the employees
who are bonafide Voters in the relevant constituency should be granted special
casual leave on the day of polling.
iii) Special CL may be granted to an
employee who is an ordinary resident of that constituency and registered as a
voter but employed outside the constituency having a general/by election.
31.
Whether LDN( Leave Not Due) can be availed in case one having E.L at his credit
and wants to keep it for his retirement benefits?
Yes. LND may be sanctioned in cases
where credit in EL account is available. However LND can be granted only on
medical grounds and not for private affairs.
32.
How may days an official can avail Earned leave at a stretch?
Since 1990, it has been increased to 180
days.
33.
Is the Service book of an official is a secret document? Is there any provision
to verify the entries there in by the official?
According the DG’s order Below SR 202,
it is incumbent on every Government servant to see that his service book is
properly maintained. He should be allowed to verify the entries periodically
and affix his signature in token of having accepted the entries made there in..
It is necessary that one has to verify
the service book every year and check the entries made there in with a special
reference to leave account and service particulars .
A certified copy of service book can
also be obtained on Quitting service on payment of Rs 5/-
34.
Whether the fitness certificate should be obtained from the same doctor who
certified the illness?
Not necessary. The rules do not envisage
that the fitness certificate should be given by the same doctor who gave the
medical certificate.
35.
IF an official is directed for Second Medical Opinion to D.M.O whether he is
entitled to claim TA/DA?
AS per Rules, any employee who has been
asked to proceed to some other station for second medical opinion, he should be
granted T.A for the journey period and D.A for a maximum period of two days
calculated as on tour This facility is allowed only in cases of Second medical
opinion for grant of original leave and not for extension of leave.
36.
If the ward of official who is physically handicapped studying in unrecognized
institution is he entitled for tuition fees or not.
Tuition fees shall be reimbursed in case
of physically handicapped/ mentally retorted child irrespective of whether the
school/ institution is recognized or not, provided the institution and its fee
structure is approved by the Central State Government.
37.
An employee is having just five years of service for superannuation. He applied
for EL which has been rejected. It is correct?
As per DOPT orders dt 29.09.86, Earned
leave should not ordinarily be denied to any employee, especially in the last
ten years of his carrier.
38.
An employee posted at higher HRA station was transferred to a lesser HRA
station. His family continued to stay at old station. What is his HRA
entitlement?
As per the MOF order dt 28.03.03, he is
entitled to HRA at the rate admissible at the old Head Quarters, if his family
continue to reside there for six months or till he is allotted or secured
family accommodation at the new headquarters. whichever is earlier.
39.
Can an employee having mentally retarded children be posted to the place of his
choice?
As per the Dopt orders dt 15.02.01, Such
a request need to be considered favourably to facilitate proper treatment of
his child. .
40.
Whether Special casual leave can be availed during Bunds, riots strikes etc.?
Heads of the departments may grant
special casual leave to employees residing at places 5 K.M. away from their
offices, when they are unable to attend office due to dislocation of traffic
arising out of bundhs, natural calamities …etc. If the absence is due to
picketing or curfew , special casual leave may be granted to all the employees
irrespective of distance
41.
Whether casual leave can be combined with other kind of leave?
No. It cannot be combined with any other
kind of leave. But CL can be combined with Special C.L. Similarly Special CL
can be combined with any other kind of leave.
42.
What are all the actions termed as sexual harassment on women employees?
Sexual harassment includes such
unwelcome sexually determined behavior (whether directly or by Implication) as:
a) physical contact and advances;
b) a demand or request for sexual
favors;
c) sexually colored remarks;
d) showing pornography;
e) any other unwelcome physical, verbal
or non-verbal conduct of sexual nature
43.What
is the time limit fixed for disposal of representation by the nodal ministry?
The Dopt Vide its Om
dated 11.01.2002 stipulated that the representations of the officials should be
disposed with in six weeks. Representations requiring inter departmental
consultations should be disposed within three months. Final reply should be
self contained, Covering all points raised by the employee and if rejected,
grounds for rejection should be clearly given.
44.
Whether two punishments can be imposed for the same lapse?
As per the Dte letter dated 30.03.81 in
a disciplinary case, two punishments should not be imposed for the same
offence. However recovery from pay can be ordered for recovery of pecuniary
loss caused to the government along with any other penalty.
45.
An official has submitted resignation but before acceptance, he applied for
withdrawal of the same? Whether it should be considered or not?
If the employee’s written intimation of
withdrawing his letter of resignation reaches the appointing authority before
its acceptance his resignation will be deemed to have been automatically
withdrawn. If the resignation has been accepted but the employee is not relived
before his letter of withdrawal reaches the appointing authority, he may
ordinarily be allowed to withdraw his resignation. If for some reason, the
request for withdrawal is refused, the grounds for refusal should be recorded
and conveyed to the employee.
46.
Whether legitimate Trade Union activities will attract CCS rules?
The Department has clarified vide its
letter dated 06.10.95, that legitimate union activity that does not violate CCS
( conduct) Rules 1964 & ED (conduct & service) rules 1964 or other
rules or instructions governing the concerned employee should not lead to
disciplinary action against the employee and this should be strictly ensured.
47.
Whether oral orders and instructions or to be obeyed?
i) Oral instruction should not, as far
as possible be issued by senior officers to their subordinates.
ii) IF the oral instructions are issued
by any senior officer, they should be confirmed by him in writing immediately
thereafter.
iii) if a junior officers seeks confirmation
to the oral instruction given by the senior , the latter should confirm it in
wiring whenever such confirmation is sought.
iv) A junior officer who has received
oral orders from his superior officer should seek confirmation in writing as
early as possible/ practicable.
48.
Is there any provision to proceed against an employee on anonymous complaint?
No Rule 183 of Vol iii clearly
stipulated that no action should be taken an anonymous and pseudonymous
complaint against any Government servants. But if the complaint discloses very
serious matter and contain verifiable facts then necessary enquiry should be
conducted. If such an inquiry reveals serious irregularity on the part of the
employee disc action can be taken
49.
Whether the staff Quarters can be forcibly allotted to an employee even though
he has not offered his willingness?
No. it should not be trusted upon any
employee against his will and in the absence of a written request for allotment
of a Quarter from the employee.
However, it is mandatory for the
employee to occupy the rent free post attached Quarters. If he refused to
occupy the same, no HRA can be drawn. This is as per the Dte letter dt
11.07.2000.
50.
Is there any condition that the compassionate appointee should be maintain the
family properly?
Yes. He should give an undertaking in
wiring at the time of appointment that he will main properly the other family
members who were dependent on the Government Servant and in case it is proved
subsequently at any time that the family members are being neglected or are not
being maintained properly by him, his appointment may be terminated forthwith.
51.
Whether the divisional union can pursue the Reservation roster at Divisional
level?
As per Chapter IV, rule 6 of Swamy’s
compilation on Reservation & Concession for SC/STs, the reservation roster
is not a confidential document and can be shown to individual officials
/association and if necessary through the liaison officer.
As such, the divisional secretaries on
request should be permitted to pursue the roster once a year.
52.Whether
the departmental vehicles can be used to admit an official for immediate
treatment in case of serious illness?
As per the DOPT order dt 19.10.82, the
departmental vehicles can be provided to such officials who may need emergent
medical attention, while on duty.
If the departmental vehicle is not
immediately available, maximum possible assistance/ aid should be provided and
the official moved to hospital by engaging other transport, if necessary at the
cost of the government.
53.
Whether one officer from the department should be sent along with the official
who is summoned for interrogation by police?
When a departmental official is required
by the police officers for interrogation, invariably a senior official like
ASP/SDI/PRI(p) should accompany the official and he should be remain there till
the interrogation by the police is over
54.
An official is having EL at his credit. He wants to keep it for encashment on
retirement. He has no HPL at credit. Can he be sectioned LND even if EL is
available at his credit?
The availability or other wise of Earned
leave has no bearing on sanction of LND. LND is nothing but advance credit of
HPL that will be earning in the rest of his service. So it may be sanctioned,
provided that there is every prospect of his earning that amount of HPL in his
left over service
55.
What is the cut off date for the condition of having not more than two
surviving children for family planning Allowance?
The order was issued on 06.07.1999 in
which it was categorically stated that the family planning allowances shall be
admissible in future only to those C. G employees, with not more than two
surviving children. As such, the condition is not applicable for those having
more than two children prior to 06.07.1999. .
Further as per the rules this allowance
is not available for those who under went family planning operation after 50
years of age in case of male employee and 45 years in case of female employee.
56.
As EX Servicemen drawing pension was appointed as Postal Asst. After his
retirement he was drawing pension for his civil service also. Whether his
family is entitled for Family pension for both services?
No. Family pension can be availed for
one service only army or civil
57
Whether an official can opt out of CGHS Scheme in case his spouse is working in
a private organization which provides medical facilities?
The Government servant can opt out from
CGHS in such a circumstances as per the Government orders dated 04.08.1994.
There is no compulsion to remain in the scheme.
58.
Whether there is any provision for stepping of pay in MACP promotion in the
case of junior getting more pay than the senior.
No. The MACP promotion is only personal
to the official and the senior cannot claim stepping up of his pay with junior.
No pay protection is provided at par with junior.
59.
In one disciplinary case, the disciplinary authority awarded one punishment. He
desired to modify/ alter the punishment or withdraw the charge. Is he competent
to do that?
No. As per Rule 29 of CCS (CCA) Rules
1965 the punishing authority is not competent to revise or cancel his own
order. But the appellate authority on an appal or on it’s own accord can review
& revise the order of disciplinary authority
60.
Whether MACP beneficiary is entitled for pay fixation benefits at the time of
regular promotion?
If the official got MACP before regular
promotion and availed the fixation benefits, there will be no fixation of pay
at the time of promotion. In such cases, the official will continue to draw the
same pay, but the next higher grade pay will be granted in case if the same is
above the regular promotions.
Further if the employee was offered
regular promotion prior to the grant of ACP but declined to accept such
promotion, he is not entitled for ACP. Therefore one should not decline regular
promotion before exhausting all three ACP Promotions.
61.
Whether the official under currency of punishment can be allowed to appear for
departmental examination?
As per the DG P& T letter No. 7/31/66
–SPB dt 25.06.65, if the punishment is current, the authority should consider
each case on its merits to see whether a
person should be promoted in- spite of
the penalty imposed on the basis of the results of the examination which he has
passed.
Therefore, the officials under currency
of punishment are eligible to appear for the departmental examination.
Similarly, the officials against whom
the disciplinary proceedings have been initiated or under suspension should
also be admitted to write the departmental exam. However he will be promoted
only after the disciplinary proceedings is over and he is completely
exonerated.
62.
If an official who is under suspension is entitled for Family Planning
Allowance when his spouse undergoes family planning operation during the
suspension period?
It cannot be drawn during the suspension
period as per the existing rules. However, on reinstatement after suspension,
he is entitled to the allowance and its date of effect depends on how the
period of his suspension is treated.
63.
Whether any excess payment of pay and allowances can be recovered from the
pension?
No. There is no provision to recover the
excess pay and allowance from the pensioner vide GID (&) below Rule 73 of
CCS (Pension) Rules, 1972. It is most pertinent to note that once the pension
is authorized, it should not be revised to the disadvantage of the pensioner as
per Rule 70 of the Pension Rules1972.
64.
What is the duration to avail 15 days paternity leave from the date of delivery
of the child?
As per the rules, it should be availed
with in six months from the date of delivery of the child.
65.
What is the time limit for claming TA Bill?
As per SR 194-A, it should be preferred
within one year. For LTC, it should be preferred within three months form the
date of completion of return journey and if advance is drawn, it should be
preferred with one month.
66.
Whether any Government dues can be recovered from the Group Insurance (CGEGIS)
amount?
No. According to Para
21.2 of the scheme promulgated in 1980, it is not permissible to adjust any
Government dues from the Group Insurance Scheme benefits
67.
An official is on leave for one month from 10th of previous month to 9th of
next month. Is he is entitled for Transport allowance during the leave period
or not?
Yes. He is entitled for transport
allowance. As per the orders dated 22.02.02 the transport allowance will not be
admissible, if a govt servant is absent from duty for a full calendar
month(s)due to leave, training, tour etc. in this case the leave period is
spread over in two calendar months.
68.
Whether the officials granted MACP promotion will continue to hold the original
post or entitled to hold any promotional post and entitled to other privileges
available to the higher post?
As per the MACP Scheme, the employees
granted Financial up gradation(i.e) higher pay grade/ band shall continue to
hold the original post on regular basis with the same designation,
classification, duties and responsibilities without conferring any privileges
related to higher status. On up gradation they will be eligible for LTC,
allotment of Quarters etc.
69.
Can the Government Servant prefer ROHSC claim for his dependent son who is
above 25 years of age?
As per the OM
dt 17.09.99, the medical facilities will continue to be available to sons who
are dependent on Government servant irrespective of their age. So, the claim
may be preferred.(TO BE CHECKED UP)
70.
Whether the widowed daughter is entitled for family pension without any age
restriction?
As per the existing provisions under
Rule 54 of CCS pension Rules 1972, widowed daughter is eligible for family
pension without any age restriction subject to fulfilment of other conditions.
71.
What is the age limit of the wards for claiming Educational Assistance?
The ward should not cross the age of 18.
? However in case of physically/ mentally handicapped children, they are
entitled for the benefits up to the age of 22 years as per the OM. Dated
21.03.2006.
72.
Is there any provision to apply for conversion of leave at any time or before
the date of retirement as was the earlier practice?
As per the Rule10 (1) of CCS (leave)
Rules 1972 , the request for conversion of one kind of leave into another
should be submitted within a period of 30 days after joining the duty on expiry
of relevant spell of leave. The earlier practice of applying conversion of
leave at any time has been withdrawn.
73.
In continuation of maternity leave, an official is availing EOL. Whether the
EOL period will be treated as Qualifying Service?
The maternity leave, as per rules, will
be treated as qualifying service. However EOL in continuation of ML without
medical certificate will not count as qualifying service for increment/
pension.
74.
What is the minimum contribution towards GPF subscription? Whether the amount
can be altered by the DDO’s?
As per Rule 8(b), the subscription
towards GPF should not be less than 6% of emoluments and not more than total
emoluments. (Pay+ Grade pay) The DDO’s do not have any right to alter the
subscription fixed by the Government Servant.
75.
An official is deputed to an office and he is Drawing Daily Allowance for 180
days. Thereafter he has not been paid with any TA/DA. Is it correct?
As per SR 116, the transfer grant is
admissible only if change of residence is involved. After 180 days, he can
claim T.A bill by changing his residence to the newly posted station. But daily
allowance will be entitled only up to 180 days.
76.
If an employee dies during suspension period, family of the employee will be
entitled to the family pension or not?
According to FR 54 (B) (2), where a
Government servant under suspension dies before the disciplinary proceedings
instituted against him are concluded, the period between the date of suspension
and the date of death shall be treated as duty for all purposes. His family
should be paid fully pay and allowances for that period he would have been
entitled had he not been suspended. Naturally his family will be entitled for
family pension and death gratuity.
77.
If one postmen is having the qualifying service of 9 years 10 months. Is he
entitled to pension?
Yes. Certainly he is entitled. As per
Rule 49 of CCS (pension) Rule 1972 , the period of three months and above but
less than six months is to be treated as qualifying service of six months for
determining pension. Hence all who are having the qualifying service of 9 years
9 months and above should be treated as ten years of qualifying service and
they are entitled to pension.
78.
An employee, after the end of Disciplinary proceedings under Rule 14 was
dismissed/ removed .In such case, whether he can avail the benefit of leave
encashment for the leave at credit in his account?
No. The official is not entitled. As per
the Rule 9, the leave at credit is treated as lapsed on the date of removal/
dismissal . There is no question of any leave encashment.
79.
Whether change of option for availing either CGHS medical facility or Medical
Allowance is allowed to the pensioners? If so, how many times he can change the
option?
As per DOP & PW OM dt 30.12.98, one
change in option in the life time of a pensioner shall be allowed. As such he
can change the option once.
80.
When the period of suspension is treated as duty for all purposes, whether the
concerned official is entitled for increments during that period?
Yes. When the suspension period is
treated as duty for all purposes, his pay and increments etc are to be
regulated as if he was on duty.
81.
An official who is under suspension is convicted by a court of law. Whether he
can continue in service after compilation of punishment awarded to him?
A notice should be served on the
official asking him to state as to why he should not be dismissed/removed from
service on account of his conviction in a court of law. On receipt of the
reply, the disciplinary authority should carefully examine as to whether the
offence committed by him is serious enough to dismiss him from service. Then
take appropriate action as per Rule……… (see reply to question No 8 also)
82.
An employee committed suicide while in service, whetherl the family is entitled
for family pension and other retirement benefits?
Yes. Family is entitled to family
pension and death gratuity
83
How an order of reduction of pay/ grade is to be worded?
The order of penalty of reduction to a
lower grade should specify the following:-
i) The date from which it will take
effect and the period for which the penalty shall be operative.
ii) The stage in the lower time scale in
which the pay is to be be fixed.
iii) Whether the period of punishment
will postpone future increments or not.
All the above should be specifically
furnished in the punishment order.
84.
Whether the wife living separately is entitled for family pension?
Unless the marriage is terminated with
divorce decree by the court of law, the wife is eligible for family pension,
irrespective of the fact whether she was living with him or not.
85.
A pensioner who commuted his pension expired before completion of 15 years;
will the commuted pension for the remaining years, recovered form the family
pensioner?
No. The portion of pension should not be
recovered from the family pension. The family pension is payable in full to the
beneficiary.
86.
Recovery of CGHS contribution is with reference to the place of residence or to
the place of posting?
Recovery of CGHS contribution is with
reference to the palace of residence of the official and not with reference to
the place of posting.
87.
Whether it is compulsory to nominate the spouse for GPF?
According to GPF (CS) Rules any member
of the family can be nominated. Similarly for Group Insurance scheme, the
Government Servant can nominate any one of his family member.
88.
Whether commuted leave can be granted without production of medical
certificate?
No. Production of medical certificate is
mandatory to avail commuted leave even for one day.
89.
Whether the leave sanctioning authority can alter the nature of leave applied
for by the official?
The leave sanctioning authority shuld
not alter the nature of leave applied by the official.
90.
Whether Pension amount can be attached by the court?
As per the Pension Act 1971, Pension is
not attachable by any court of law, even if the decree is for maintenance.
91.
Now the annual increment for every 1st July. If any Dies non for a single day
is awarded during one year from July to June next year, will it not postpone
the increment for another one year?
No. As per the Rule 10 of CCS (RP) Rules
2008, an official who has completed six months qualifying service will be
entitled for next increment. As such Diesnon, EOL without MC up to 6 months
will have no effect in postponing the increment.
92.
An official , after completing full tenure is transferred to another station at
request. Whether he is entitled to claim TA/DA for his transfer?
The Department vide its letter dt
18.12.95 clarified that the officials transferred after the completion of full
tenure are entitled for TA and transit. This is effective from 18.12. 95.
93.
Whether a transfer order issued by an authority, competent to issue such orders
can cancel that order?
As per Directorate orders dt 06.01.82,
the transfer orders once issued may be cancelled by the same authority in the
interest of service. However he will inform the same to next higher authority
with reasons for his intention to cancel the orders. If no reply is received
with in 7 days, he can cancel the transfer orders.
94.
Whether an official completes tenure in one office seeking for postings as
Treasurer in the same office, will it be considered?
If an official who has completed full
tensure may be allowed to work as treasurer even tough he has done a full
tenure in the same office in aother post.
95.
An eligible official has been ordered to officiate in higher post for 10 days
first and subsequently officiating arrangement is extended for another ten
days. Whether he is entitled to draw higher pay for the officiating period?
Eligibility to draw officiating pay is
dependent on the number of days for which the post was available for
officiating arrangement, either due to leave of permanent incumbent or due to
some other reasons. If the arrangement is for 14 days or more than all those
who have worked in that post will have to be paid the pay and allowances
attached to the post irrespective number of days they worked in that post.
96
Whether the Circle or Divisional head is empowered to convert a post attached
quarters for other purpose?
As per the Directorate orders dt.
06.05.03, the Head of Circle is competent, to convert a post attached quarters
for other purpose?
Similarly, the suspension of quarters
beyond 90 days enabling the SPM to draw HRA due to inhabitant quarters shall be
exercised by the circle head only. There is no need to forward such cases to
Directorate now.
97. Whether the Divisional head who is
having five months service left for his superannuation can issue rotational
transfers?
The Divisional Superintendents retiring
with in a period of six months must obtain prior written approval of their
DPS/PMG before issuing any transfer/ posting orders and appointment of ED
agents as per the Dte. Orders dt -07.1992. This order is again reiterated on
12-06-1996. As such no transfer order can be issued by him without the approval
of DPS.
98.
Whether preference can be given to physically handicapped employees in
transfers?
Yes. As per 26.07.90 orders, the
requests from physically handicapped employees for transfer to their place of
choice or to their native place will have to be considered . This was again
reiterated by the DOPT on 13-03-2002.
99.
Whether recovery of pay is a bar to promotion?
As per Dte. Letter No. 22-.12-87 , there
is no bar to one being prompted While the recovery is in progress because such
promotion will not affect the enforcement of the penalty.
100.
One Sub Postmaster provided with post attached quarter’s retired form service.
Whether he should vacate the quarters on the date of retirement or keep it for
sometime?
As per the directorate orders dt
18-04-81,he may be allowed to retain the post attached quarters for a period of
two months on payment of normal rent
101.Is
there any preference in allotment of P&T community halls for postal
employees
As per the Dte. Orders dt 02.06.84, the
P & T employees should get preference in allotment of the community halls
for their own use, before the requests of the outsiders, sponsored by another P
& T employee.