Administrative Law: Govt of India Application

Modern drafting technique uses the words ‘adequate’, ‘advisable’, ‘appropriate’, ‘beneficial’, ‘reputable’, ‘safe’, ‘sufficient’, ‘wholesome’, ‘deem fit’, ‘prejudicial to safety and security’, ‘satisfaction’, belief’, ‘efficient’, ‘public purpose’, etc. or their opposites. It is true that with the exercise of discretion on a case-to-case basis, these vague generalizations are reduced into more specific molds, yet the margin of oscillation is never eliminated.

advtanmoy 14/01/2020 6 minutes read

Ministerial Control

कार्मिक, लोक शिकायत और पेंशन मंत्रालय
Ministry of Personnel, Public Grievances & Pensions Govt of India

Minister in Charge: Shri Narendra Modi, Prime Minister27.05.2014 Till Date

Department of Personnel & Training (DOPT)

The role of the Department of Personnel & Training can be conceptually divided into two parts, In its large nodal role, it acts as the formulator of policy and the watch-dog of the Government ensuring that certain accepted standards and norms, as laid down by it, are followed by all Ministries/Departments, in the recruitment, regulation of service conditions, posting/transfers, deputation of personnel as well as other related issues. Towards this end, guidelines are issued by it for the benefit of all Ministries/Departments and it monitors the implementation of these guidelines. It also advises all organizations of the Central Government on issues of personnel Management. At a more immediate level, the Department has the direct responsibility of being the cadre controlling authority for the IAS and the three Secretariat Services in the Central Secretariat. The Department also operates the Central Staffing Scheme under which suitable officers from All India Services and Group ‘A’ Central Services are selected and then placed in posts at the level of Deputy Secretary/Director and Joint Secretary, on the basis of tenure deputation.

Recruitment Agencies

The two organizations through which the Department ensures recruitment of personnel for the Government are the Union Public Service Commission (UPSC) and the Staff Selection Commission (SSC). The former is constituted under a provision of the Constitution and is responsible for conducting examinations for appointment to the higher civil services and civil posts under the Union Government; including recruitment to the All India Services.

Department of Pension & Pensioners’ Welfare

The Department of Pension & Pensioners’ Welfare is the nodal department for formulation of policies relating to pension and other retirement benefits of Central Govt. employees covered under CCS (Pension) Rules, 1972 Apart from formulation of pension policy for the Central Govt.

Brief and Orders regarding Revision of Pre-2016 pensioners/family pensioners

1. The Union Cabinet in its meeting held on 29.6.2016 accepted the recommendations of the 7thCPC with some modifications. The following are the major decisions taken by the Government on the recommendation of the 7thCPC for which orders were issued on 04.08.2016.

i. There is no change in the formula for fixation of pension of Government servants retired/retiring on or after 1.1.2016.ii.The amount of minimum pension has been increased from Rs. 3,500/-per month to Rs. 9,000/-per month.iii.The ceiling of gratuity has been increased from the existing Rs.10 lakh to Rs.20 lakh w.e.f. 1.1.2016. iv. A new slab of death gratuity has been added –the family of a Government servant dying while in service with a qualifying service of 11 years or more but less than 20 years would be entitled to death gratuity @ 20 times of monthly emoluments as against the existing entitlement of 12 times of emoluments. v.The rates of ex-gratia lump-sum compensation being paid to the families of employees who die in performance of duty has been increased from existing Rs.10-15 lakhs to Rs.25-35 lakh, depending upon the circumstances in where the death occurs.

2. As regards the past pensioners, the pension has been revised w.e.f. 1.1.2016 by multiplying the pension as had been fixed at the time of implementation of the 6thCPC recommendations by 2.57. The revised pension in this manner has already been disbursed by the pension paying banks etc.

3. Further, the 7thCPC also recommended another formulation for revision of pension of past pensioners by notionally fixing the pay by giving the benefit of increments earned by the pensioners in the scale from which he/she retired. The Cabinet decided that this option may be made applicable if its implementation is found feasible after examination by a Committee comprising Secretary (Pension) as Chairman and Member & Staff of Railway Board, Member (Staff), Department of Posts and AS &FA, Ministry of Home Affairs and CGA as Member.4.The above Committee submitted its report on 14thDecember, 2016. The Committee recommended the following alternate method for revision of pension w.e.f. 1.1.2016 :
“Notional pay of all civilian personnel, including CAPF, who retired prior to 1.1.2016 shall first be fixed in the pay matrix recommended by the Seventh CPC in the level corresponding to the pay in the pay scale/ pay band and grade pay at which they retired. This will be done by notional pay fixation under each intervening Pay Commission, based on the formula for revision of pay. Fifty percent of the notional pay as on 1.1.2016 so arrived at shall be the revised pension as per Formulation 1. Pension has already been revised in terms of the Formulation 2 recommended by the Seventh CPC. Higher of the two formulations may be granted as the revised pension with effect from 1.1. 2016.” In the case of military pensioners, Military Service Pay shall be added to the amount which is arrived at after notionally fitting them in the Seventh CPC matrix.

5. The above recommendation was approved by the Government and accordingly, orders for revision of pension by notional pay fixation method have been issued vide Department of Pension & Pensioners’ Welfare O.M No. 38/37/2016-P&PW(A) dated 12.05.2017.

6. In order to expedite pension revision cases of pre-2016 pensioners, concordance tables were drawn and circulated to all Ministries/ Departments vide O.M No. 38/37/2016-P&PW(A) dated 6.7.2017.

7. The Department has also fed the concordance tables into the ‘Bhavishya’ software and has also developed a tool for revision of pension of Pre-2016 pensioners. This software/ tool has been made available to all the Heads of Departments to enable them to process individual revision cases instantaneously vide this Department’s O.M. No.55/13/2017-P&PW(C) dated 21.08.2017. The revision of pension by various Ministries/ Departments is being closely monitored in the Department of Pension & Pensioners’ Welfare.

Department of Administrative Reforms & Public Grievances (DARPG)

WORK ALLOCATED

All establishment matters of Group A, B, C & D officers and staff of the Department.
Work relating to FR &SR
Budget, Cash & Accounts.
Coordination
Parliamentary Standing Committee – including all Parliamentary matters.
Implementation of RTI Act in the Department.
Implementation of Official Language Policy.
Swachhta Action Plan.
Procurement, maintenance of office equipments and stationeries
General Administration, Office maintenance etc.
Any other subject allocated by the Secretary (AR&PG).