AIPEU P3 CHQ

NON DRAWAL OF HRA DURING OFFICIATING PERIOD – CLARIFICATORY ORDERS ISSUED BY THE DEPARTMENT

THIS IS ONE OF THE DEMANDS PLACED IN THE JCM DEPARTMENTAL COUNCIL MEETING

No.24-3/2010-PAP
Government of India
Ministry of Communications & IT
Department of Posts
(Establishment Division)

Dak Bhawan, Parliament Street
New Delhi – 110001
Dated – 30.07.2010

Al Chief Postmaster General,
All Postmasters General

Sub: - Non-drawal of HRA to the officiating Sub-Postmaster working in office having attached quarters

Sir/Madam,

I am directed to intimate that the staff side has taken up the above item in the Departmental Council (JCM) for discussion as agenda. The staff side has alleged that HRA has not been paid to the officials who are working against such vacancies resulting loss in emoluments and requested for issuing instructions to the Circles.

2. The attention of the Circle is drawn to Directorate letter no. 24-3/76-PAP dated 22.09.77 wherein it was decided for payment of compensation in lieu of rent free accommodation to Government servants for a maximum period of 3 months when he is posted of officiate in a post to which rent free accommodation is attached but which is not provided to him.

3. Further, attention is drawn Directorate letter no. 24-3/76-PAP dated 20.08.79 wherein instructions were issued for payment of House Rent Allowance as admissible to all Government servants not entitled to rent free accommodation for a maximum period of 90 days provided the vacancies are short term ones involving local arrangements. These instructions have not undergone any change and continue to apply.

4. It is, therefore, requested to reiterate these instructions of Directorate letter no. 24-3/76 dated 20.08.79 (copy enclosed) to all the subordinate units for grant of HRA to the Government servants who are officiating as Sub-Postmasters where rent free accommodation is attached and not provided to him and to avoid any grievances from the staffing the regard.

5. This issues with the approval of DDG (Establishment)

Yours faithfully,

Sd/-
(K. Rameshwara Rao)
Assistant Director General (Estt)

NO FEE TO WRITE EXAM – FACILITIES PROVIDED TO WOMEN EMPLOYEES

No. 39020/03/2009-Estt (B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi, 03rd August, 2010

OFFICE MEMORANDUM

Sub: - Need for concerted efforts to increase the representation of Women in employment under Central Government/Central Autonomous Bodies – regarding

The undersigned is directed to say that instruction had been issued by this Department vide letter of even number dated 15th July, 2009 addressed to Union Public Service Commission (UPSC) and Staff Selection Commission (SSC) to exempt the Women candidates from payment of fees for competitive examinations by direct recruitment/Department competitive examinations/direct recruitment by interview conducted by Union Public Service Commission and Staff Selection Commission. Subsequently, by this Department’s O.M. of even number dated 28th October, 2009, all Ministries/Departments were also advised to take similar action in respect of recruitment tests conducted by them.

2. It has now been decided that the facility of exempting Women candidates from the payment of fees would also be extended to any Examination/Test/Interview conducted by the Central Autonomous Bodies.

3. All Ministries/Departments are requested to issue suitable instructions to the Autonomous Bodies administered by them accordingly.

Sd/-
(Rakesh Moza)
Under Secretary to the Government of India
Tel. No. (011) 23093175

Demand of CHQ seeking clarifications on Hostel Subsidy & Reimbursement under Children Education Assistance now issued. This is also one of the demands in JCM Departmental Council

33-4/2010-PAP
Government of India
Ministry of Communications & IT
Department of Posts
(Establishment Division)

Dak Bhawan, Parliament Street
New Delhi – 110001
Dated 21.07.2010

All Chief Postmasters General
All Postmasters General
All Directors of Accounts (Postal)

Sub: - Grant of Hostel subsidy and Children Education Assistance

Sir/Madam

Representations have been received from the staff side that:

(i) In many circles, the Hostel Subsidy has not been sanctioned to the officials as per the OM No 12011/03/2008-Estt (Allowance) dt. 2.9.2008

(ii) that the officials are entitled for reimbursement of all fee paid for children like imparting music or any other subject fee for the use of any aid or appliance extra-curricular activities, besides reimbursement of one set of text-books and notebooks, 2 sets of uniform and one set of school shoes, etc. However, the reimbursement has not been made for the above item for want of separate orders from the Directorate about the modalities. He requested the Directorate for issue of clarifications to circles.

2. The issues raised by the staff side have been examined and in consultation with the Department of Personnel and Training. The Department of Personnel and Training vide their U.O. No. 12011/05/2010-Estt (Allowance) dt. 05.07.2010 intimated that, it has been clarified vide OM NO. 12011/03/2008-Estt (Allowance) dt. 11-11-2008 that “hostel subsidy means expenses incurred by the Government servant if he has to keep his children in the hostel of a residential school away from the station at which he is posted or is residing. There are no further conditions attached to it. Further the OM no. 12011/03/2008-Estt (Allowance) dt. 2-9-2008 has been issued in supersession of the earlier orders. Therefore for payment of Hostel subsidy, the condition required to be fulfilled is keeping his children in the hostel of a residential school away from the station at which he is posted or is residing and it is not linked to transfer of Government servant as clarified by the Nodal Ministry. Further, as per OM No. 12011/03/2008-Estt. (Allowance) dated 02.09.2008, both Hostel Subsidy and Children Education Assistance cannot be availed concurrently.

3. In regard to point no. 2 raised by the Staff side, attention of the circles is invited to OM no. 12011/03/2008-Estt (Allowance) dt. 02.09.2008 wherein reimbursement items that can be claimed were detailed as:

“Tuition fee, admission fee, laboratory fee, special fee charged for agriculture, Electronics, music or any other subject, fee charged for practical work under programme of work experience, fee paid for the use of any aid or appliance by the child, library fee, games/sports fee and fee for extra-curricular activities This also includes reimbursement for purchase of one set of text books and note books, two sets of uniforms and one set of school shoes can be claimed for a child in a year”.

However, all these items are within the Annual Ceiling of Rs.12000 subject to production of cash receipts and other conditions prescribed by the Nodal Ministry in the said OM.

4. It is requested to bring these instructions to the notice of all concerned for scrupulous observance and strict compliance.

Yours faithfully,
Sd/-
(K. Rameshwra Rao)
Assistant Director General (Estt)

Copy to: -
1. Director (SR & Legal)
2. General Secretary, AIPEU Group ‘C’, Dada Ghosh Bhawan, 2151/1, New Patel Road, New Delhi – 110008 for information w.r.t. his letter no.P/4-1/Staff dated 03-02-2010 and 12-03-2010

Sd/-
(K. Rameshwara Rao)
Assistant Director General (Estt)

Revaluation of Answer Sheets – Department’s recent instructions

Government of India
Ministry of Communications & I Technology
Department of Posts
(DE Section)

Dak Bhava, Sansad Marg,
New Delhi – 110116

No. A-34018/10/2010-DE Dated – 02.08.2010

To,

1. All Heads of Circles
2. Addl. D G APS, West Block III, Wing No. 5, R.K. Puram, New Delhi – 110067
3. BD and PLI Directorates
4. Directors, Postal Staff College India, Ghaziabad and PTCs

Sub: - Revaluation of answer papers – judgment pronounced by Hon’ble Supreme Court in the Civil Appeal No. (s) 897 of 2006 and 907 of 2006 between Himachal Pradesh Public Service Commission (Appellant) and Mukesh Thakur & Anr (Respondents).

Sir/Madam,

I am directed to enclose copy of the subject cited judgement of Hon Supreme Court of India.

2. Consequent on introduction of RTI Act 2005 and the directions of the CIC to supply photocopies of answer papers to the candidates, filing of Court cases in the Tribunals has increased enormously. Various CAT Benches are also directing the Department to get the answer papers revaluated on filing writ petitions in the High Courts against the orders of the CAT Benches, the High Courts are also disposing off the cases saying that they don’t want to interfere in the matter. It is stated that Rule 15-Appendix-37 of Postal Manual Volume-IV clearly stipulates “Revaluation of answer script is not permissible in any case or under any circumstances”. Thus it is not permissible to consider requests after declaration of results as it will not only cause great inconvenience to the examination process and also cause hindrance to the administration in the absence of vacancies of particular category viz; OC, SC, ST etc under departmental quota but also be against the spirit of ibid Rule.

3. It may be seen that representations requesting for revaluation of answer papers are being received in this office specifically pointing out the following grievances:
(i) Particular answer (s) were not evaluated
(ii) Excess attempted answer (s) were not evaluated
(iii) For the same answer (s), the examiner awarded marks to one candidate and to another candidate no marks were assigned or the answer struck off as wrong
(iv) All the answers were evaluated but justified marks were not awarded by the examiner

4. The issues indicated at (i) to (iii) above are justified and need to be examined by the competent authority to find out the facts and if the claim of the candidate appears to be genuine, revaluation may be got done by an independent examiner in such cases and further necessary action may be taken. In so far as the issues indicated at (iv) above, there is no need to consider such requests and merits rejection at the initial stage itself.

5. In the similar situation in the Civil Appeal No. (s) 897 of 2006 and 907 of 2006 between Himachal Pradesh Public Service Commission (Appellant) and Mukesh Thakur & Anr (Respondents), Hon. Supreme Court of India has upheld the plea of the Himachal Pradesh Public service Commission rejecting the request of a candidate for revaluation. In the light of the judgment of Hon. Supreme Court, it is requested to review all pending court cases filed in various CAT Benches/High Courts by the candidates of various departmental examinations seeking directions for revaluation and declaring them as successful on the pretext that the evaluation was not done properly by the examiners and file suitable interim replies in the courts producing the copy of the Supreme Court judgement seeking dismissal of the cases. All pending representations received from the applicants seeking revaluation of answer papers covered under item (iv) of para 3 above may also be disposed off at the Divisional/Regional/Circle level as the case may be without forwarding the same to the office.

6. This issues with the approval of Member (P)

7. The receipt of the letter may please be acknowledged

Yours faithfully,
Sd/-
(L. Mohan Rao)
Assistant Director General (DE)