Leave Travel Concession - LTC rules : reference

Eligibility:

Any employee with one year of continuous services on the date of Journey performed by him/his family is eligible. For eg: an official appointed on 31-12-2008 will be eligible for the two year block 2008-09, but those appointed on or after 01-01-2009 will not be eligible for that block.
Government servants whose spouses are working in Indian railways, National Airlines are not eligible for LTC and if an official is under suspension, his family members only can avail LTC.

When both the husband and wife are central government servants then:

1. They can claim LTC for their respective families. eg: while the husband can claim for his parents/minor brothers/sisters, the wife can avail for her parents/ miner brother/sisters.
2. The husband / wife who avails LTC as a member of the family of the spouse, cannot claim independently for self.
3. They can declare separate Home town’s independently.

Salient Points regarding LTC
1. Concession can be availed of for self and family member’s separately on different occasions, even in different calendar years of the same block.
2. Family can travel in one or more groups; but each group should complete its return journey with in six months from the date of its outward journey.
3. Circular tour tickets can be availed of in conjunction with the concession.
4. Can be availed of during any leave including study leave, casual leave and special casual leave.
5. It can be combined with transfer/tour.
6. Cannot avail of during closed holidays only without taking the leave.

LTC in the case of Fresh recruits.

Entitlements for LTC
1. Journey by Air/Rail/Steamer:
Entitled officers and their family members can travel by any air india only.
Details of travel by air india in the case of LTC for central government employees.
2. Journey by Road:
Entitles will be the same as for tour / transfer. Reimbursement admissible only in respect of journeys performed in vehicles operated by the government of any corporation in the public sector run by the central or state government or a local body.
When journey is performed by a longer route (not the cheapest route) in tow different classes of rail accommodation, the entitled class rate will be admissible for the corresponding proportion of the shortest/cheapest route and the lower class rate for the remaining mileage by such route. Where journey is performed by a longer route respect of journey performed by rail and for the remaining shortest distance, as per entitlement by rail or the actual fare paid for the journey by road, whichever is less.

Reimbursement in the case of LTC:
Fares for journeys between duty station and Home town, both ways will be reimbursed by the government in full. If the employee and family reside away from the duty station, fares for journeys between place of residence and home town, both ways, restricted to that from duty station to reimbursable.

LTC Advance:
Up to 90% fares can be taken. Advance admissible for both outward and return journey if the leave taken by the official or the anticipated absence of members of family does not exceed 90 days. Otherwise, advance may be drawn for the outward journey only.
The official should furnish Railway ticket numbers, PNR No, etc to the competent authority within ten days of the drawl of the advance.
When advance is taken claim should be submitted within three months from the date of return journey. If not outstanding amount will be recovered in one lump sum and claim will be treated as one where the advance is sanctioned. When the claim is submitted within stipulated time but unutilized portion of advance not refunded, interest is chargeable on that amount from the date of drawl to the date of recovery.
When no advance is taken, claim should be submitted within six months from the competition of return journey. Otherwise the claim will be forfeited.

LTC to Home Town:
Ltc to home town is admissible to all employees irrespective of distance involved. Home town once declared is treated as final. In exceptional circumstances the Head of the Department may authorize a change, only once during entire service.

Encashment of Earned Leave (EL) during LTC:
It will be admissible subject to the following conditions:-
a. It is limited to 10 days of earned leave on one occasion without linkage to the number of days and nature of leave availed and 60 days in the entire career.
b: Will not be deducted while computing the maximum admissible for encashment at the time of quitting service.
c: The balance at credit should not be less that 30 days after deducting the total of leave, if any availed plus leave for which encashment was availed.
d: Where both husband and wife are government servants, encashment of leave will continue to be available to both subject to maximum limit of 60 days to each of them.

1. LTC Rules is allowed all Government servants irrespective of the distance between headquarters and their home town.
2. LTC Rules is allowed Hometown" means the town, village or any other place declared as such by the servant and accepted by the controlling officer.
3. LTC Rules is allowed only to those who have completed one year of service on the date of journey.
4. LTC Rules is allowed for self and family.
5. LTC Rules is allowed only to the family (in the case of an employee under suspension).
6. LTC Rules is allowed to journey to “Home Town” once in a block of two years.
7. LTC Rules is allowed journey to “Any place in India” once in a block of four years.
8. LTC Rules is allowed to expression "any place in India" will cover any place within the territory of India whether it is on the mainland, or overseas.
9. LTC Rules is allowed journey to “Any place in India” in lieu of one journey to Home Town.
10. LTC Rules is allowed availing during all leave periods
(Earn/Casual/S.Casual/Study/Maternity/Paternity).
11. LTC Rules is allowed all journeys to travel by Rail/Road/Air/Ship.
12. LTC Rules is allowed privilege not availed during a block may be availed before end of the next year.
13. LTC Rules is allowed allow family members independently in any number of batches.
14. LTC Rules is allowed traveling to “Any place in India” the employee and or members of the family may travel either to the same place or different places of their choice.
15. LTC Rules is allowed traveling to visit “Any place in India” or can visit his same Home Town also.
16. LTC Rules is allowed in the same two-year block, some members of family can avail Home Town concession while other “Any place in India”.
17. LTC Rules is allowed reimbursement by the entitled class or actually traveled class, whichever is less.
18. LTC Rules is allowed 90 per cent of the anticipated reimbursement amount may be granted as advance.
19. LTC Rules is allowed Grade Pay holders of Rs.2400,2600 and 2800 can go AC-II Tier class by train.
20. LTC Rules is allowed Grade Pay holders of below Rs.2400 can go AC-III Tier / First Class / AC-Chair Car class by train.
Earned Leave Encashment Facility :-
1. Earned Leave up to a maximum of ten days at a time may be enchased, subject to the condition that at least an equivalent duration of Earned Leave.

2. This is limited to a maximum of 60 days during the entire career and the total number of days so enchased will not be included for computing maximum quantum of leave encashable at the time of quitting service.
3. The balance at credit should be but less than 30 days after deducting the total of leave availed plus leave for which encashment was availed.
4. Where both husband and wife are government servants, encashment of leave will continue to be available to both, subject to maximum limit of 60 days.

Block Year :-
1. The LTC to home town is allowed once in a block of two calendar years, such as 2006-2007, 2008-2009 and so on.
2. The LTC to “Any Place in India” is allowed once in a block of four calendar years, such as 2006 - 2009 and so on.
Husband and Wife…
When both the husband and wife are Central Government servants:
1. They can declare separate Home Town independently.
2. They can claim LTC for their respective families, viz,. While the husband can claim for his parents / minor brothers / sisters, the wife can avail for her parents / minor brother / sisters.
3. Either of the parents can claim the concession for the children in a particular block;
4. The husband / wife who avails LTC as a member of the family of the spouse, cannot claim independently for SELF.
Family – definition…
1. The Government servant’s wife or husband and two surviving unmarried children or stepchildren wholly dependent on the Government servant, irrespective of whether they are residing with the Government servant or not.
2. Married daughters divorced, abandoned or separated from their husbands and widowed daughters and are residing with the Government servant and wholly dependent on the Government servant.
3. Parents and / or step-parents (stepfather and stepmother) whole dependent on the Government servant, whether residing with the Government servant or not:
4. Unmarried minor brothers as well as unmarried divorced abandoned, separated from their husbands or widowed sisters residing with and wholly dependent on the Government servant provided their parents are either not alive or are themselves wholly dependent on the Government servant.
Change of Home Town…
“The hometown once declared and accepted by the controlling officer shall be treated as final. In exceptional circumstances, the Head of the Department or if the Government servant himself is the Head of the Department, the Administrative Ministry, may authorise a change in such declaration provided that such a change shall not be made more than once during the service of a Government servant.”

The CCS Rule allow an employee to change the Permanent Address given in their Service Records for once in their service.

The employee can apply for this through their respective Head of Section enclosing the relationship and residential proof of the new address.
Care to be taken before applying for the change of address as this facility will be available only once in their service. After changing the Permanent Address the employee is eligible to apply for Home Town LTC.
Those employees who are residing on the outskirts of their work place, automatically they are ineligible for LTC HomeTown. For the benefit of these employees, a male employee can give the address of his wife’s native place or opposite, after the marriage of son or daughter, their residing place like that…
But the respective Head of Section has the right to turndown the application.

LEAVE RULES FOR CENTRAL GOVT EMPLOYEES

Different Types of Leave available to central government employees and a brief description of each leave

1. Earned Leave:

2. Half Pay Leave:

3. Commuted Leave:

4. Leave Not Due:

5. Maternity Leave:

6. Paternity Leave:

7. Study Leave:

8. Extra Ordinary Leave:

9. Casual Leave:

10. Child Care Leave:

11. Hospital Leave::

12. Vacational Department Staff Leave:

13: Special Disability Leave:

14. Child Adoption Leave:

1. Earned Leave:

The credit for earn leave will awarded at a rate of 15 days on the 1st of January and 1st of July every year. It can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC. Maximum of 180 days at a time can be availed in the case of Earned Leave. Some exceptions are also there.
Earned leave exceeding 180 days but not exceeding 300 days at a time may be granted to Group 'A' and Group 'B' officers, if at least the quantum of leave in excess of 180 days is spent outside India, Srilanka, Bangladesh, Nepal , Pakistan , Bhutan Burma. This leave may be taken at at time upto 300 days as leave preparatory to retirement.

2. Half Pay Leave

Half pay leave is calculated at 20 days for each completed year of service. For eg, if you are in service for 2 years , you will be having a total of 40 days of half pay leave. The service inculdes periods of duty and leave including extraordinary leave with or without MC. Half pay leave can be availed with or without MC(Medical Certificate). From1st January 1986, half pay leave is credited in advance at the rate of 10 days on the 1st of January and 1st of July every year.

3.Commuted Leave:

Commuted leave not exceeding half the amount of half-pay leave due can be taken on medical certificate. Up to a maximum of 90 days can be taken during the entire service without medical certificate where such leave is utilized for an approved course of study certified to be in university interest.
It can be taken up to a maximum of 60 days can be granted to a female employee in continuation of maternity leave without medical certificate and upto a maximum of 60 days can be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. Commuted leave may be granted at the request of the employee even when earned leave is due to him.

4. Leave Not Due

Leave not due is granted when there is no half-pay leave at credit and the employee requests for the grant of Leave Not Due. Temporary officials with one year’s service and suffering from TB, Leprosy, Cancer or Mental illness may also be granted LND if the post from which the official proceeds on leave is likely to last till his return.

It is granted only medical certificate if the leave sanctioning authority is satisfied that there is a reasonable prospect of the employee returning to duty on its expiry. It may be granted without medical certificate in continuation of maternity leave. and may be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. The amount of leave should be limited to the half-pay leave that the employee is likely to earn subsequently.

Leave not due during the entire service is limited to a maximum of 360 days and due will be debited against the half-pay leave that the employee may earn subsequently.

5. Maternity Leave

Maternity leave is granted to women government employees.
1) Pregnancy: 180 days – Admissible only to employees with less than two surviving children.
2) Miscarriage/abortion (induced or otherwise): Total of 45 days in the entire service. However, any such leave taken prior to 16.6.1994 will not be taken into account for this limitation. Admissible irrespective of number of surviving children. Application to be supported by a certificate from a registered medical practitioner for NGOs and from AMA for GOs.
The materntiy leave is not debited to leave account and full pay is granted. It cannot be combined with any other leaves and counts as service for increments and pension.

6. Paternity Leave

A male employee with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife. During the period of such leave he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. Paternity Leave shall not be debited against the leave account and may be combined with other kind of leave as in the case of Maternity Leave.

7. Study Leave

Study leave may be granted to all government employees with not less than five years’ service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties as a civil servant.
The course for which the study leave is taken should be certified to be of definite advantage to govt from the point of view of public interest and that particular study should be approved by the authority competent to grant leave.
The official should submit a full report on the work done during study leave. Maximum of 24 months of leave is sanctioned. In the case of CHS officers 36 months of leave can be granted at a stretch or in different spells.
Study leave will not be debited to the leave account and may be combined with other leave due.
Study leave is not granted for studies outside India if facilities are available in India and to an official due to retire within 3 years of return from the study leave.

8. Extra Ordinary Leave

Extraordinary leave is granted to a Government servant when no other leave is admissible or when other leave is admissible, but the Government servant applies in writing for extraordinary leave.

Extraordinary leave cannot be availed concurrently during the notice period, when going on voluntary retirement and EOL may also be granted to regularize periods of absence without leave retrospectively.

9. Casual Leave

In a calendar year eight days of casual leave is permissible.
Casual leave is not a recognized form of leave and is not subject to any rules made by the Government of India. An official on Casual Leave is not treated as absent from duty and pay is not intermitted.

(i) Casual Leave can be combined with Special Casual Leave/vacation but not with any other kind of leave.
(ii) It cannot be combined with joining time.
(iii) Sundays and Holidays falling during a period of Casual Leave are not counted as part of Casual Leave.
(iv) Sundays/public holidays/restricted holidays/weekly offs can be prefixed/suffixed to Casual Leave.
(v) Casual Leave can be taken while on tour, but no daily allowance will be admissible for the period.
(vi) Casual Leave can be taken for half day also.
(vii) Essentially intended for short periods. It should not normally be granted for more than 5 days at any one time,
except under special circumstances.
(viii) LTC can be availed du ring Casual Leave.
(ix) Individuals appointed and joining duty during the middle of a year may avail of Casual Leave proportionately or to the full extent at the discretion of the Competent Authority.

10. Child Care Leave

Woman employees having minor children may be granted Child Care Leave by an authority competent to grant leave for a maximum period of 730 days (2 years) during their entire service for taking care of up to two children., whether for rearing or to look after any of their needs like examination, sickness, etc.
Conditions for Child Care Leave
1. Child care leave shall not be admissible if the child is eighteen years of age or older equal to the pay drawn immediately before proceeding on leave.
2. It can be availed in more than one spell.
3. It can not be debited against the leave account.
4. It may be combined with leave of the kind due and admissible.

11. Hospital Leave:

Hospital leave is admissible to Group 'C' employees whose duteis involve handling of dangerous machinary, explosive materials, poisonous drugs and perfomance of hazardous taks and to Group 'D' Employees.
Medical certificate from an authorized medical attendant is necessary for grant of this leave. This hospital leave may be combined with any other kind of leave due and admissible, provided total period of leave does not exceed 28 months.

12. Vacation Department Staff leave Entitlement

The leave entitlements of employees of Vacation Departments (ie departments where regular vacations are allowed during which those serving in them are permitted to be absent from duty) are the same as those serving in non-vacation Departments except in respect of 'earned leave'.
No earned leave will be admissible to a govt servant of a vacation Department in any year in which he avails of the full vacation. The vacation can be combined with casual leave.

13. Special Disability Leave

Special disability leave admissible to all employees when disabled by injury intentionally or accidentally inflicted or caused in or in consequence of the due performance of official duties or in consequences of official position. The disability above should have manifested within three months of the occurrence to which it is attributed and the person disabled had acted with due promptitude in bringing it to notice. The leave sanctioning authority, if satisfied as to the cause of the disability, may relax the condition and grant leave in cases where disability has manifested more than three months after the occurrence of its cause.

Special disability leave is also admissible when disabled by illness incurred in the performance of any particular duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attaching to the civil post held, under the same condition.This disability should be certified by an Authorised Medical Attendant to be directly due to the performance of the particular duty.

Maximum of 24 months of leave may be granted.
May be combined with any other leave.
Will count as service for pension.
Will not be debited to the leave account.

14) Child Adoption Leave:
Child adoption leave is granted to Female employees, with fewer than two surviving children on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption.

Post Office Saving Accounts to be Taxed from Current Fiscal

The government has decided to levy tax on the interest obtained on Post Office savings schemes from the current financial year.

The Central Board of Direct Taxes ( CBDT )) has brought out a notification in this regard recently, which stipulates that any interest earned beyond Rs 3,500 (in case of individual accounts) and Rs 7,000 (in case of joint accounts) will be taxable from the running fiscal.

The CBDT-- which is the administrative authority of the Income Tax Department-- has issued the notification to all the tax collection ranges across the country for implementation.

Taxpayers will have to reflect this investment on their income tax returns.

"Taxpayers who now invest in the post office saving accounts schemes will now have to show the interest earned on this scheme while filing their income tax returns. Interest upto Rs 3,500, in case of single accounts and and Rs 7,000 in case of joint accounts, is exempted," a senior I-T official said.

The Assessing Officer (AO) will compute the tax on the interest earned, beyond the exemption limit, accordingly, he said.

The current interest rates for Post Office savings deposits is 3.5 per cent per annum.

The minimum investment limit in this scheme is Rs 50 while the maximum limit is Rs one lakh for an individual account and Rs 2 lakh in case of a joint account.

Once the process is considered to be under the 'Promotion' method, reservation for OBCs/Ex-servicemen are not to be followed

CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH
Original Application No. 436 of 2010
Monday , this the 14th day of February, 2011.
CORAM:
HON'BLE Mr. JUSTICE P.R. RAMAN, JUDICIAL MEMBER
HON'BLE Mr. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER
1 Smt. Soumya S.D W/o. Remeshkumar GDS BPM P.O.
Vedarplavu (P.O.), Mavelikkara Residing at Kottarathil House
Keerikad South, Kayamkulam.

2 Smt. Sunithakumari K.S W/o. B Harikumar GDS MD, Kota (P.O)
Harihara Vilasom Ullannoor (P.O) Kulanada ..... Applicants
(By Advocate Mr. P.C. Sebastian)
Versus
1 The Postmaster General Central Region, Kochi - 682 018

2 The Superintendent of Post Offices Mavelikkara Division, Mavelikkara

3 The Union of India Represented by Secretary to Government of India
Ministry of Communications Department of Posts, New Delhi

4 Najithamol Y GDS MD, Thrikkunnapuzha (P.O) PIN - 690 515

5 P.O. Rajesh GDS MD Kodukulanji - 689 508

6 D. Vijayan GDS MD Vedarplave (P.O), Mavelikkara

7 V. Anilkumar GDS MD Olakettiambalam (P.O) - 690 510 ... Respondents

(By Advocate Mr. M.K. Aboobacker, ACGSC R1-3) (By Advocate Mr. R. Sreeraj R4-7)

The application having been heard on 18.1.2011, the Tribunal on 14.02.11 delivered the following:
O R D E R

HON'BLE Mr. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER

The applicants in this O.A. challenge the appointment of private respondents as Postmen under OBC reservation which is not permissible in promotion.
2. The 11 vacancies of Postman/Mail Guard to be filled up in the year 2009 by the Postmaster General, Central Region, Kochi, were split up as under :
Departmental Quota GDS Quota
SC ST PH UR Total Seniority Merit Total
1 1 - 4 6 03 02 05

As there was no candidate for the 50% quota earmarked for promotion from Group-D, as per the Recruitment Rules, the same was added to the 50% GDS merit quota. The respondents selected 4 top scorers from the OBC quota to fill up 4 posts of Postman. Aggrieved by the promotions of the private respondents 4 to 7, who are OBC candidates appointed to the cadre of Postman overlooking the applicants' merit, they have filed this O.A for the following reliefs:
"i) To call for the records leading to the issue of Annexure A-3 and to quash the selection and appointment of respondents 4 to 7 as postmen.
ii) To declare that respondent 1 to 3 are not legally competent or empowered under the Recruitment Rules to fill up the unfilled vacancies in the departmental quota which are to be transferred to the GDS merit quota by way of reservation to the OBC and that the said vacancies are to be filled up by candidates on their merit in the examination.
iii) To issue appropriate direction or order directing the respondents to adhere to the order of merit of the candidate based on the marks obtained by them in the postman examination held on 20.12.2009 in the GDS merit quota and to appoint the applicants as postmen with effect from the dates of their entitlement with all consequential benefits including arrears of pay and allowances.
iv) To grant such other relief which may be prayed for and which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
v) To award costs in favour of the applicant."
2. The applicants submitted that the selection and appointment of respondents No. 4 to 7 as Postman under GDS merit quota overlooking the higher marks obtained by the applicants on the basis of the examination held on 20.12.2009 are illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India. The party respondents have been selected solely for the reason that they belong to the OBC category and have been extended the benefit of reservation. The settled position of law is that the OBC category has the benefit of reservation in direct recruitment only and not in promotion. The method of recruitment of GDS as Postman by departmental examination is by way of promotion only as held by this Tribunal in its order at Annexure A-6 dated 18.07.2007 in O.A. No. 858/2006. There is no justification in transferring the unreserved vacancy to the OBC category.
3. The respondents opposed the O.A. In their reply statement, they submitted that 6 vacancies of the departmental quota were transferred to the GDS merit quota treating the recruitment from GDS to Postman as direct recruitment as held by the Full Bench of this Tribunal in its order dated 21.03.2000 in O.A. No. 807/1999 and O.A.No. 1286/1997. The normal reservation rule would apply to the GDS merit quota. As there was shortfall in the OBC quota, 4 OBC candidates were selected and included in the Annexure A-3 select list. The last selected candidates from the UR and the OBC quota obtained 146.5 and 133 marks respectively. The applicants have scored only 146 marks each and they ranked below the candidate selected from the UR quota. The party respondents 4 to 7 were included in Annexure A-3 list for selection against the OBC vacancies as they were meritorious and thus more qualified, under the OBC category. The applicants cannot claim a post reserved for the OBC category. The selection and appointments of the party respondents 4 to 7 were done strictly in accordance with the Recruitment Rules. The Gramin Dak Sevaks are not regular departmental employees. The order of this Tribunal in O.A. No. 858/2006 at Annexure A-6 has been challenged by the Department in W.P.(C) No. 36443/2007, which is still pending before the Hon'ble High Court of Kerala. The reservation was given to the party respondents 4 to 7 on the basis of the existing rules as the unfilled vacancies in the departmental quota were transferred to the GDS quota. It is settled position of law that the OBC category has the benefit of reservation only in direct recruitment and not in promotion. The method of recruitment of GDS to Postman is by way of direct recruitment as per Annexure R-2 order.
4. We have heard Mr. P.C. Sebastian, learned counsel for the applicant and Mr. M.K. Aboobacker, learned ACGSC for official respondents 1 to 3 and Mr. R. Sreeraj, learned counsel appearing for the private respondents and perused the materials on record.
5. The point for adjudication in this O.A. is whether the method of recruitment of GDS to the cadre of Postman through departmental examination is merit based selection on promotion or not. This issue was dealt with at length by this Tribunal in its order dated 18.07.2007 in O.A. No. 858/2006. The relevant part of the said order is reproduced as under :
"14 The second point of law that has been taken is relating to the Full Bench decision of this Tribunal in O.A. 807/99 and 1286/97. In this Full Bench decision the Bench has considered the following points:
(i) Whether the appointment of extra Departmental Agents as Postman in the 25% seniority quota is by way of direct recruitment or promotion?
(ii) Whether the qualification prescribed for direct recruitment to the post of Postman is applicable to the appointment of Extra Departmental Agents on the cost of Postman in the 25% seniority quota?
(iii) Whether the letter dated 17.5.95 of the Director General (Posts) prescribing a minimum educational qualification of 8th standard pass for Extra Departmental Agents for appointment as Postman in the 25% seniority quota a is valid and enforceable?
15 Though there was dissent by one Member, as per the majority view, the points were settled as follows:
Point No. 1:- Appointment of ED Agents as Postmen in 25% seniority quota is by way of direct recruitment only
Point No. 2: The qualification prescribed for direct recruitment to the post of Postman is applicable to
the appointment of ED Agents on the post of Postmen in 25% seniority quota
Point No. 3: the letter dated 17.5.95 of the Director General of Posts prescribing a minimum educational qualification of 8th Standard pass for ED Agents for appointment as Postmen in 25% seniority quota is valid and enforceable.
16 With reference to the applicability of the decision the rule position extracted below has to be seen: Col. 11:- Method of recruitment-
(1) 50% by promotion failing which by ED Agents on the basis of their merit in the Departmental Examination
(2) 50% of ED Agents of the recruiting Division or unit in the following manner, namely:-
(i) 25% from among ED Agents on the basis of their seniority in service and subject to their passing
the Departmental examination, failing which by ED Agents on the basis of merit in the Departmental
examination. (ii) 25% from amongst ED Agents on the basis of their merit in the departmental examination.
(3) If the vacancies remained unfilled by EDAs of the recruiting Division, such vacancies may be filled by the EDAs of the Postal Division falling in the zone of Regional Directors.
(4) If the vacancies unfilled by EDAs remain unfilled by the EDAs of the recruiting units such vacancies may be filled by EDAs of the Postal Divisions located at the same station. Vacancies remaining unfilled will be thrown open to EDAs in the Region.
(5) Any vacancy remaining unfilled may be filled up by direct recruitment through the nominees of the
Employment Exchange. Col. 12:- In cases of promotion- (1) Promotion from Group-D officials who have put in three years of regular and satisfactory service on the closing date for receipt of applications through a Departmental Examination (2) EDAs through a departmental examination (3) Direct recruitment through a departmental examination.
7 It is evident that point No. 1 under consideration of the Full Bench related to appointment of ED Agents as Postman against 25% seniority quota. The question in this OA is regarding the remaining 25% of the GDS quota which is operated on the basis of merit in the departmental examination i.e. Col. 11(2)(ii) of the Rules and the decision of the Full Bench relates to the quota in Col. 11(2)(i). Therefore the Full Bench order cannot be said to have omnibus application to all the provisions of the Rules since it has decided only the question of filling up of the 25% seniority quota. It is a moot point that when the filling up of the seniority quota itself is held to be direct recruitment whether the filling up the balance 25% on merit can be viewed
as promotion. We are not going in to that aspect. For deciding the applicability of the Full Bench decision to this case, this distinction can certainly be drawn that the point now under challenge in this O.A. has not been covered by the Full Bench decision and hence is distinguishable.
18 The learned Senior Counsel drew our attention to the order of this Tribunal in O.A. 704/06 in which again the claim of the applicants was to the 25% seniority quota of GDS and the main question was whether the approval of the Screening Committee is required for filling up the vacancies and it was held that Screening Committee procedure was not applicable to the promotion quota. Hence, this order has also no relevance here.
19 Having dealt with the legal propositions advanced by the learned Senior counsel which are not directly applicable to the present case, we proceed to examine the Columns 11 and 12 of the Recruitment Rules for promotion to the Postman/Mail Guards as it stands now. The rules have been extracted above. A reading of Columns 11 and 12 put together is required to understand the proper spirit of the rule. To our mind Col. 11 which prescribes the method of recruitment sub clause (1) to (4) being the manner of filling up the vacancies by promotion and also by means of a selection on the basis of seniority and merit in a departmental examination. Sub clause (5) which provides for filling up of any vacancy remaining unfilled after going through all other processes mentioned above, would be by direct recruitment which has to be done purely by inviting applications from the Employment Exchange. Therefore in our view, it has to be construed that all selections made from within the department either from Group-D personnel or from the ED Agents who are also a class of servants under the Postal Department covered by sub clauses (1) to (4), would have to be construed as promotion and filling up of vacancies purely by outsiders through employment exchange can only be construed as direct recruitment. This view is further confirmed by the wordings in column 12 where the cases of promotion have been further categorized in three categories which include promotion from Group-D failing which from ED Agents through departmental examination by seniority as well as merit. Here the second category is relatable to sub clause 2(ii) of Col. 11 and the third category is relatable to sub clause 2(ii) of Col. 11 all of which are clubbed under the heading "promotion" only. We are also informed that the departmental examination referred to in the Col. 11 and 12 of the Rules is a common one. This is also supported by a reading of Rule 7 prescribing the age limit where again a higher age limit has been prescribed for ED Agents considering them as departmental personnel. In the light of such a reading of the Recruitment Rules keeping the entire scheme of promotion in view, we are inclined to hold that the method of recruitment of ED Agents through the departmental examination has to be construed as merit based selection on promotion only.
20 Having arrived at the above finding that the selection of ED Agents under merit quota is not by way of direct recruitment we come to the further interpretation of the 'Note' prescribed in Annexure A-4 viz. that the unfilled vacancies will be added to GDS merit quota and that quota will be increased to that extent and the implications thereof. The respondents had notified more than 6 vacancies under the departmental quota and 1 UR vacancy by Annexure A-5. Out of the 6 vacancies 1 was reserved for PH. When the unfilled vacancies are added to the GDS merit quota, the nature/category of the vacancies should not undergo a change if the method of recruitment remained the same. It is the contention of the respondents that when the recruitment to the post is from GDSs in the event of failure to fill up the vacancies by departmental candidates by promotion, the recruitment changes its nature and becomes direct recruitment, the decision in the Full Bench order and thereby fresh reservation points in the direct recruitment roster would become applicable for such recruitment. Therefore, they had added the 6 vacancies to the 1 vacancy already notified and the total quota of Direct Recruit vacancies were taken as 7, out of which 1 vacancy was for PH and another 1 for Ex-serviceman and the post under merit quota was filled up by unreserved candidate and out of the remaining 4, 2 were filled up by UR and 1 by OBC as there were backlog of OBC candidates in the direct recruitment quota.
21 If the method of recruitment is determined as not by direct recruitment there can be no reservation for OBCs as contended by the applicants. There is no reservation for Ex- servicemen also under promotion quota. We find that apart from stating that OBC candidates were appointed under the backlog quota, the respondents have not come out clearly on the issue of roster points and how they have distinguished the 7th Roster point which position should be available to them if they are maintaining separate rosters for the merit
quota of GDS under direct recruitment. According to their own instruction in Annexure A-5, if the vacancy reserved for PH in the Departmental quota remains unfilled, it should be transferred to GDS quota to be filled up by PH candidate only. By the same rationale the vacancies identified as unreserved when they are filled up by adding the GDS quota cannot be converted to any other category and the nature of the vacancies should remain the same as unreserved. Even if the respondents genuinely construed the filling up of the
unfilled vacancies as belonging to direct recruitment quota, this exercise could not have been done without notifying the revised vacancy position as per the points in the roster and Annexure A-5 should have been modified to that extent as otherwise it results in an imbalance in the rosters and all those who participated in the examination should have been made aware of the same.
22 Therefore considering the provisions of the Rules above position and the legal position as discussed earlier, we are of the view that the filling up of the unfilled vacancies the departmental quota cannot be termed to be direct recruitment and it should have been done against under the same categories as notified in Annexure A-5 and in accordance with the position in the rank list at Annexure A-9. Once the process is considered to be under the 'Promotion' method, reservation for OBCs/Ex-servicemen are not to be followed. Setting apart 1 vacancy for Ex-servicemen, we find is not in accordance with the rules. It is also not logical and practicable to implement the quota for the Ex-servicemen in the GDS quota unless it had been strictly implemented in the first instance at the time of recruitment as GDS. We do not find any provision in the GDS Rules prescribing any quota for Ex-servicemen at the time of recruitment except a general guideline that it if it is possible ex-servicemen may be preferred if other things are equal. When there is no reservation in the lower posts where direct recruitment take place, the probability of finding suitable of the ex-servicemen in the higher post is very unlikely. Therefore any direction as averred by the respondents that the vacancies should be reserved for ex-servicemen and further interpretation being given by the respondents that they should be kept unfilled is not in order. In fact we have already held that no reservation for ex-servicemen was provided for in promotion in the Recruitment Rules. Therefore, the respondents will have to release the 1 vacancy set apart for ex-servicemen quota also when finalising the selection. The respondents shall undertake a revised exercise on the above lines and notify the selection to the 6 unfilled vacancies carried over from the Departmental quota by modifying Annexure A-6 suitably. Unless this exercise is done we cannot come to any conclusion whether respondents 4 & 5 would come within the ambit of selection. Respondents shall complete this exercise within three weeks of date of receipt of this order. Till the selection process is completed and the modified order is issued all the appointments made in Annexure A-6 shall be continued.
23 The OA is disposed of as above. No costs." (emphasis supplied)

6. The decision of the Full Bench in O.A. Nos. 807/1999 and 1286/1997 has also been considered by this Tribunal in O.A. No.858/2006. In our considered view, the decision of this Tribunal in O.A. No.858/2006 squarely covers the instant O.A. The decision of the Full Bench is clearly distinguishable and the method of recruitment of GDS to the cadre of Postman on the basis of merit which is the crucial point in the instant O.A has not been covered by the Full Bench decision as was held in O.A. No. 858/2006. If the Recruitment Rules for Postman/Mail Guard are read keeping the entire scheme of promotion in view then the method of recruitment of GDS to the cadre of Postman through departmental examination is to be treated as merit based selection on promotion only. Admittedly, the reservation for the OBC category does not apply to promotion. Therefore, reservation for the OBC category will not apply to the recruitment of GDS to the cadre of Postman in the instant O.A. Consequently, the nature of the unfilled unreserved vacancies in the departmental quota when added to the merit quota of GDS will remain the same as unreserved. Therefore, there is no justification for transferring the unreserved vacancies to the OBC category. That being so, the appointment of the party respondents 4 to 7 is against unreserved vacancies. This appointment is legally untenable because the claim of the applicants for appointment against unreserved vacancies, on account of their having higher merit than the party respondents cannot be ignored.
7. Though the order of this Tribunal in O.A. No. 858/2006 is challenged before the Hon'ble High Court of Kerala that by itself is not a reason not to follow the same. As held by the Hon'ble Punjab and Haryana High Court in Roshan Jagdish Lal Duggal and Others vs. The Punjab State Electricity Board, Patiala and Others, 1984 (2) SLR 731, the admission of an appeal against the order of the High Court and the suspension of its operation during the pendency of the appeal does not have the effect of rendering it non est till the disposal of the appeal.
8. In the result, the O.A. is allowed. Annexure A-3 order dated 15.02.2010 issued by the 2nd respondent relating to selection and appointment of the party respondents 4 to 7 as Postmen is quashed and set aside. The respondents are directed to adhere to the order of merit of the candidates based on the marks obtained by them in the Postman examination held on 20.12.2009 in the GDS merit quota and to appoint them as Postmen with effect from the date of their entitlement with all consequential benefits including arrears of pay and allowances within a period of 3 months from the date of receipt of a copy of this order.
8. No order as to costs.
(K. GEORGE JOSEPH) (JUSTICE P.R. RAMAN)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER

Retirement benefit can not be denied to employee

even if charges against him are pending

The Madurai bench of the Madras High Court has ruled that Government cannot deny retirement benefits to an employee who was asked to go on conditional retirement because charges against him were pending. A Division Bench of Justice R.Banumathi and Justice S.Nagamuthu rejected the contention of the government that Sankaran, an Assistant Tahsildhar had been allowed to retire on certain conditions as charges were pending against him,and hence he could not be given retirement benefits.

A single judge had already revoked the order of the collector suspending payment of retirement benefits.

Similarly Raja,a retired Sub-Registrar of cooperatives was allowed conditional retirement on April 30, 2010. But his retirement benefits were suspended as charges were pending against him. His writ petition was dismissed by a single judge, and he had come on appeal.
The Judges said when the Government employees are allowed to retire on condition, disciplinary action could be taken against them or inquiry conducted afresh. But government had no power to suspend payment of retirement benefits to them, the court said.

In a common order passed for both of them, the bench said when they are allowed to retire they should be given their retirement benefits.
Only government had power to take decision on disciplinary action against them, the bench observed and directed that all retirement benefits be paid to them.

Pension Can''t be Withheld Due to Pending Criminal Case : CAT

Pension can''t be withheld due to pending criminal case: CAT

New Delhi, Jun 7 (PTI) Pension and increments of a public servant cannot be withheld only on the basis a pending criminal case against him unless he is convicted, the apex administrative tribunal has held.

"It is amply clear that only on the basis of the case pending against the applicant (Primary School Head Master Lakhi Ram), pension cannot be withheld under Central Civil Services (CCS Pension) Rules, 1972," a two-member bench of Central Administrative Tribunal headed by Justice Meera Chhibber said.

The bench also favoured releasing gratuity during the pendency of criminal case but with an earlier judgement of the CAT ruling against it, the bench referred the question on the gratuity issue to a larger bench.

"Gratuity cannot be withheld under rules of CCS Pension Rules. Otherwise also as per the provision (of) Payment of Gratuity Act, 1972, gratuity cannot be withheld," it said.

"Since we have taken a different view about release of gratuity during the pendency of criminal case than what had been held by the coordinate bench in another case in 2009, the matter may be placed before the chairman on administrative side for constitution of a larger bench to determine the clear position of law on the subject," the bench said.

The judgement came on a petition filed by Lakhi Ram, a Municipal Corporation of Delhi-run primary school headmaster, who retired in August 2007.
He had been suspended on August 13, 2001 after his arrest in criminal case relating to a property dispute.
Though he was reinstated in May 2005 and retired in 2007, his annual increments were stopped from 2001 and were not restored even after his reinstatement in service.

The court directed Education Department of Municipal Corporation of Delhi to grant increments to him from the date of his reinstatement to his superannuation and to fix his pay as per the sixth pay revision and determine his provisional pension.

లేవండి ! మేల్కొనండి ! గమ్యాన్ని చేరేవరకు విశ్రమించకండి.

W

1. ప్రేమ.. డబ్బు.. జ్ఞానం.. చదువు.. దేనికోసమైనా తపనపడుతూ పిచ్చివాడై పోయేవాడికి అది తప్పకుండా దొరుకుతుంది. అందుకోసం మనం కనబరచాల్సిందల్లా ఉడుంపట్టులాంటి పట్టుదల, సంకల్పబలం, శ్రమించేతత్వం.

2. గొప్ప అవకాశాలే వస్తే ఏమీ చేతకానివారు కూడా ఏదో గొప్ప సాధించవచ్చు. ఏ అవకాశాలూ లేనప్పుడు కూడా ఏదైనా సాధించినవాడే గొప్పవాడు.

3. ఆత్మవిశ్వాసం లేకపోవడం అనేది క్షమించరాని నేరం. మన చరిత్రలో ఏదైనా సాధించిన గొప్ప వ్యక్తుల జీవితాలను నిశితంగా పరిశీలించండి. వారినినడిపించింది ఆత్మవిశ్వాసమేనని తెలుస్తుంది. భగవంతుడి పట్ల నమ్మకం లేనివాడు నాస్తికుడనేది ఒకప్పటి మాట. ఆత్మవిశ్వాసం లేనివాడు నాస్తికుడన్నది ఆధునిక మతం.

4. ఎవరికో బానిసలా కాకుండా నువ్వే యజమానిలా పనిచెయ్యి. నిర్విరామంగా పనిచెయ్యి. బాధ్యత తీసుకో. అది నిజంగా నిన్ను యజమానిని చేస్తుంది.

5. పనికీ విశ్రాంతికీ మధ్య సరైన సమతౌల్యం ఉండాలి.

6. పిరికితనానికి మించిన మహాపాపం ఇంకోటి లేదు. ఒక దెబ్బతింటే రెట్టింపు ఆవేశంతో పది దెబ్బలు కొట్టాలి. అప్పుడే మనిషివని అనిపించుకొంటావు. పోరాడుతూ చనిపోయినా పర్లేదు. కానీ పోరాటం అవసరం.

7. అనంత శక్తి, అపారమైన ఉత్సాహం, అమేయ సాహసం, అఖండ సహనం.. ఇవే మనకు కావాలి. వీటితోనే ఘనతను సొంతం చేసుకోగలం. వెనక్కి చూడకండి. ముందంజ వేయండి.

8. మనలో ఉన్న పెద్ద లోపమేమిటంటే ముగ్గురం కలిసి పొందికగాఐదునిమిషాలు పని చేయలేం. ప్రతివ్యక్తీ పెత్తనం కోసం పాకులాడుతుంటాడు. అందువల్లే మొత్తం పని, వ్యవస్ధ చెడిపోతున్నాయి.

9. మనస్సు, శరీరం రెండూ దృఢంగా ఉండాలి. ఉక్కు నరాలూ ఇనుపకండలూ కావాలి మనకి. మేధస్సుకు చదువులాగా శరీరానికి వ్యాయామం అవసరం. నిజానికి ఓ గంటసేపు పూజ చేసే కన్నా పుట్ బాల్ ఆడటం మంచిది. బలమే జీవితం... బలహీనతే మరణమని గుర్తించండి.

10. వెళ్లండి. ఎక్కడెక్కడ క్షామం, ఉత్పాతాలు చెలరేగుతున్నాయో అలాంటి ప్రతి ప్రదేశానికీ వెళ్లండి. మీ సేవలతో బాధితులకు ఉపశమనాన్నివ్వండి. వ్యధను తుడిచే ప్రయత్నం చెయ్యండి. ఆ ప్రయత్నంలో మహా అయితే మనం చనిపోవచ్చు. కానీ ఆ మరణం కూడా మహోత్కృష్టమైనది. కూడగట్టాల్సింది సహాయం.. కలహం కాదు. కోరుకోవల్సింది సృజన.. విధ్వంసం కాదు.కావలిసింది శాంతి, సమన్వయం.. సంఘర్షణ కాదు.