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Court orders against Government of India instructions on service matters

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Court orders against Government of India instructions on service matters

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi — 110001
Dated: December 9, 2016


Subject: Court orders against Government of India instructions on service matters — consultation with Ministry of Law and Department of Personnel and Training on question of filing appeals.

The undersigned is directed to refer to this Department’s O.M. of even number dated 16.03.2016 (copy enclosed) on the above mentioned subject and to say that the Department of Personnel and Training is the nodal Department that formulates policies on service matters and issues instructions in this regard from time to time. Vide para 4 of the O.M. dated 16.03.2016, it was explained how action on different decisions/orders of the Courts/CAT has to be taken after consulting Department of Legal Affairs and DOP&T.

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2. In this regard, it is pertinent to point out here that the Parliament committee on the Welfare of SCs and STs in its report has observed that the above instructions are not being followed stringently by the Ministries/ Departments. The Ministries/Departments are independently fighting out service related cases to the detriment of employees particularly those belonging to the reserved categories. The Committee, therefore, desired that this Department reiterate the standing instructions.

3. In view of the above, all the Ministries/ Departments are once again requested to scrupulously follow the instructions contained in this Department’s OM dated 16.03.2016 while taking action on the decisions/orders of the Courts/CAT.

4. Hindi version will follow.

(Mukesh Chaturvedi)
Director (E)

Original Copy

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  1. Sir,
    It is to submit that on the basis of my social origin being as the Scheduled Caste Category employee, the Director General, All India Radio, New Delhi, reduced my last pay drawn from the Grade Pay Rs. 5400, PB-3, Scale Rs. 15600-39100 to the lower Grade Pay to Rs. 4800, PB-2, scale Rs. 9300-34800 along with statement that matter of up- gradation of pay granted through dated 25/2/1999, is under consideration of DOPT. Ms Manjula Prasher, who is the Honourable Information Commissioner, Central Information Commission, August Kranti Marg, New Delhi, replied to undersigned as per order No. CIC/MP/A/2016/901234, Dated 9/1/2017,which based on document submitted by the Ministry of Information and Broadcasting, New Delhi,stating therewith the admissibility of MACPs in respect of undersigned” or otherwise and intimated to me that the case is referred to DOPT and Ministry of Finance, New Delhi for the decision and response is being awaited from DOPT and Ministry of Finance, New Delhi.
    As I am in need of clarification, as to whether the DOP&T O.M. issued under File No. 18/3/2015-Estt.(Pay-I), Dated, 2/3/2016 by the Ministry of Personnel, P.G. and Pensions, DOPT, in concurrence of the honourable Supreme Court’s judgement, is applicable to me or not being as the retired employee, as the said O.M. as the said DOPT O.M. implies no recovery from retiring/ retired employee,who got benefit of excess amount granted wrongful decision of the employer or due to other reason. Since, said decision has not been implemented in respect of undersigned and intimated to undersigned through Central Information Commissioner that decision is pending under the DOPT and Ministry of Finance, New Delhi. Since, it is a discriminatory decision in my case ,because Ms. Kamlesh Kumar Sharma Assistant Engineer, who retired from my same office on dated 31/3/2015 and similarly placed to undersigned in cadre , post , pay scale, benefits of MACPs, has got all pensionary benefits without reduction of last pay drawn on retirement, while I retired on 30.4.2015 but my last pay drawn ,is reduced after retirement while both of us retired from same department under the Ministry of I & B, New Delhi. I therefore request you to kindly intimate me at the earliest. Thanking you,
    Yours faithfully
    Ram Gopal
    Assistant Engineer-Retired
    from O/o Research Department,
    Akashvani and Doordarshan,
    Ring Road,New Delhi
    C/o K-293, Sarita Vihar,
    New Delhi-110076


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