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Central government employees holiday leave days 2017-dopt orders

Holidays for Central Government Employees during year 2017 – Dopt Orders

Holidays to be observed in Central Government offices during year 2017

12/8/2016-JCA-2
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training
JCA-2 section

North Block, New Delhi
Dated the 24th June. 2016

Subject: Holidays to be observed in Central Government offices during year 2017- reg.

It has been decided that the holidays as specified in the Annexure —I to this O.M. will be observed in the Administrative Offices of the Central Government located at Delhi/New Delhi during the year 2017. In addition, each employee will also be allowed to avail himself / herself of any two holidays to be chosen by him/her out of the list or Restricted Holidays in Annexure — II.

2.Central Government Administrative Offices located outside Delhi / New Delhi shall observe the following holidays compulsorily in addition to three holidays as per para 3. below:

1. REPUBLIC DAY
2. INDEPENDENCE DAY
3. MAHATMA GANDHI’S BIRTHDAY
4. BUDDHA PURNIMA
5. CHRISTMAS DAY
6. DUSSEHRA (VIJAY DASHMI)
7. DIWALI IDEEPAVALI)
8. GOOD FRIDAY
9. GURU NANAK’S BIRTHDAY
10. IDU’L FITR
11. IDU’L ZUHA
12. MAHAVIR JAYANTI
13. MUHARRAM
14. PROPHET MOHAMMAD’S BIRTHDAY (ID-E-MILAD)

3.1. In addition to the above 14 Compulsory holidays mentioned in para 2 , three holidays shall be decided from the list indicated below by the Central Government Employees Welfare Coordination Committee in the State Capitals, if necessary, in consultation with Coordination Committees at other places in the State. The final list applicable uniformly to Central Government offices within the concerned State shan be notified accordingly and no change can be carried out thereafter. It is also clarified that no change is permissible in regard to festivals and dates as indicate.

1. AN ADDITIONAL DAY FOR DUSSEHRA
2. HOLI
3. JANAMASHTAMI IVAISHNAVI)
4. RAM NAVAMI
5. MAHA SHIVRATRI
6. GANESH CHATURTHI VINAYAK CHATURTEA
7. MAKAR SAKARANTI
8. RATH YATRA
9. ONAN
10. PONGAL
11. SRI PANCHAML / BASANT PANCH.AMI
12. VISHU/ VAISAKHI / VAISAKHADI / BHAG BKHU / MASHADI UGADI / CENTRA SUKLADI / CHETI CHAND / GUDL PADAVA 1st NAVRATRA /NAURAJ/CHHATH POOJA/KARVA CHAVTH.

3.2 No substitute holiday should be allowed if any of the festival holidays initially declared subsequently happens to fall on a weekly off or any other non-working day or in the event of more than one festivals falling on the same day.

4. The list of Restricted Holidays appended to this O.M. is meant for Central Government Offices located in Delhi / New Delhi. The Coordination Committees at the State Capitals may draw up separate list of Restricted Holidays keeping in view the occasions of local importance but the 9 occasions left over, after choosing the 3 variable holidays in para 3.1 above, are to be included in the list of restricted holidays.

5.1 For offices in Delhi / New Delhi, any change in the date of holidays in respect of Idu’l Fitr, Idu’l Zuha, Muharram and Id-e-Milad, if necessary, depending upon sighting of the Moon, would be declared by the Ministry of Personnel, Public Grievances and Pensions after ascertaining the position from the Govt. of NCT of Delhi (DCP, Special Branch, Delhi Police).

5.2 For offices outside Delhi / New Delhi, the Central Government Employees Welfare Coordination Committees at the State Capitals are authorised to change the date of holiday, if necessary, based on the decision of the concerned State Governments / Union Territories, in respect of Idu’l Fitr, Idu’l Zuha, Muharram and Id-e-Milad.

5.3 It may happen that the change of date of the above occasions has to be declared at a very short notice. In such a situation, announcement could be made through P.I .B /T.V. /A.I.R. / Newspapers and the Heads of Department / Offices of the Central Government may take action according to such an announcement without waiting for a formal order, about the change of date.

6. During 2017, Diwali (Deepavali) falls on Thursday , October 19, 2017 (Ashvina 28). In certain States, the practice is to celebrate the occasion a day in advance, i.e., on “Narakachaturdasi Day”. In view of this, there is no objection if holiday on account of Deepavali is observed on- “Naraka Chaturdasi Day (in place of Deepavali Day) for the Central Government Offices in a State if in that State that day alone is declared as a compulsory holiday for Diwali for the offices of the State Government.

7. Central Government Organisations which include industrial, commercial and trading establishments would observe upto 16 holidays in a year including three national holidays viz. Republic Day, Independence Day and Mahatma Gandhi’s birthday, as compulsory holidays. The remaining holidays / occasions may be determined by such establishments / organisations themselves for the year 2017, subject to para 3.2 above.

8. Union Territory Administrations shall decide the list of holidays in terms of Instructions issued in this regard by the Ministry of Home Affairs.

9. In respect of Indian Missions abroad, the number of holidays may be notified in accordance with the instructions contained in this Department’s O.M. No.12/5/2002-JCA dated 17th December, 2002. In other words, they will have the option to select 11(Eleven) holidays of their own only after including in the list, three National Holidays and Mahavir Jayanti, Id-ulZuha (Bakrid), Vijay Dashmi, Muharram, Guru Nanak Birthday and Miladun-Nabi(Id-e-Milad (Birthday of Prophet Mohammad) included in the list of compulsory holidays and falling on day of weekly off.

10. In respect of Banks, the holidays shall be regulated in terms of the extant instructions issued by the Department of Financial Services, Ministry of Finance.

11. Hindi version will follow.

sd/-
(K.Salil Kumar)
Under Secretary (JCA)

Encl.: Lists of holidays

Authority: www.persmin.gov.in

Latest dop&toreders 26 Feb 2016 Casual Labourers with temporary status-clarification regarding contribution to GPF and Pension under the old pension scheme

Casual Labourers with temporary status-clarification regarding contribution to GPF and Pension under the old pension scheme

No.49014/2/2014-Estt (C)
Government of India
Ministry of Personnel, Public Grievances and PG
Department of Personnel and Training
Establishment Division

New Delhi, North Block,
February 26th , 2016

OFFICE MEMORANDUM

Subject: Casual Labourers with temporary status-clarification regarding contribution to GPF and Pension under the old pension scheme

Undersigned is directed to refer to this Department’s OM No. 51016/2/90-Estt (C) dated the 10th September, 1993 vide which a scheme for grant of temporary status to the casual employees was framed. The scheme applied to those casual labourers who were in employment on the date of the issue of the OM and had rendered one year of continued service in Central Government offices, which meant that they must have been engaged for a period of at least 240 days (206 days in the case of offices observing 5 days week). The scheme did not apply to Departments of Telecom & Posts and Ministry of Railways.

2. As per the scheme, after rendering three years’ continuous service after conferment of temporary status, the casual labourers were to be treated at par with temporary Group ‘D’ employees for the purpose of contribution to the General Provident Fund. Further, after their regularisation, 50% of the service rendered under temporary status would be counted for the purpose of retirement benefits.

3. As per para 8 of the scheme, two out of every three vacancies in Group ‘D’ cadres in respective offices where the casual labourers have been working would be filled up as per extant recruitment rules and in accordance with the instructions issued by Department of Personnel and Training from amongst casual workers with temporary status. However, regular Group ‘D’ staff rendered surplus for any reason will have prior claim for absorption against existing/future vacancies. In case of illiterate casual labourers or those who fail to fulfill the minimum qualification prescribed for post, regularisation will be considered only against those posts in respect of which literacy or lack of minimum qualification will not be a requisite qualification. They would be allowed age relaxation equivalent to the period for which they have worked continuously as casual labourer.

4. Vide the O.M. No.49014/1/2004 -Estt (C) dated the 26 thApril, 2004, the above scheme was reviewed in the light of introduction of New Pension Scheme in respect of persons appointed to the Central • Government service on or after 1.1.2004 as under:

(i) As the new pension scheme is based on defined contributions, the length of qualifying service for the purpose of retirement benefits has lost its relevance, no credit of casual service, as specified in para 5 (v), shall be available to the casual labourers on their regularisation against Group ‘D’ posts on or after 1.1.2004.

(ii) As there is no provision of General Provident Fund in the new pension scheme, it will not serve any useful purpose to continue deductions towards GPF from the existing casual employees, in terms of para 5 (vi) of the scheme for grant of temporary status. It is, therefore, requested that no further deduction towards General Provident Fund shall be effected from the casual labourers w. e. f. 1.1.2004 onwards and the amount lying in their General Provident Fund accounts, including deductions made after 1.1.2004, shall be paid to them.

2. The existing guidelines contained in this Department’s OM No. 49014/2/86-Estt.(C) dated 7.6.88 may continue to be followed in the matter of engagement of casual workers in the Central Government Offices.

5. The OM dated 26th April, 2004 has been quashed by various benches of CAT/High Courts who have decided that the scheme could not be modified retrospectively. The SLPs filed in the Hon’ble Supreme Court have been dismissed by the Apex Court in UOI & Ors v Rameshwar Singh, CC 1829/2014, UOI & Ors v Ramsaran & Ors, SLP (C) No. 25360-25362 of 2008, SLP 17358/2008, SLP 25360-62/09, Union of India etc v Ajay Kumar & Ors, SLP No.19673-19678/2009.

6. The position has been reviewed in the light of the Court judgements in consultation with the Department of Expenditure. It has now been decided that the casual labourers who had been granted temporary status under the scheme, and have completed 3 years of continuous service after that, are entitled to contribute to the General Provident Fund.

7. 50% of the service rendered under temporary status would be counted for the purpose of retirement benefits in respect of those casual labourers who have been regularised in terms of para 8 of the OM dated 10.09. 1993.

8. It is emphasised that the benefit of temporary status is available only to those casual labourers who were in employment on the date of the issue of the OM dated 10th September, 1993 and were otherwise eligible for it. No grant of temporary status is permissible after that date. The employees erroneously granted temporary status between 10.09.1993 and the date of Hon’ble Supreme Court judgement in Union Of India And Anr vs Mohan Pal, 2002 (3) SCR 613, delivered on 29 April, 2002, will however be deemed to have been covered under the scheme of 10.09.93.

9. Ministries/Departments are also requested to identify cases where temporary status has been granted wrongly to those not covered under the OM dated 10.09.1993 and fix responsibility for the same.

sd-
(Mukesh Chaturvedi)
Director (E)

Authority: www.persmin.gov.in

DOP&T latest orders opened

Delegation of powers to Ministries / Departments/Borrowing Organisations to extend deputation tenure upto 7 years in cases of Deputations covered by DoP&T’s OM No. 6/8/2009-Estt.(Pay-lI) dated 17th June 2010

F. No. 216/2016-Estt. (Pay-II) 
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi
dated 17thFebruary, 2016

OFFICE MEMORANDUM

Subject: Delegation of powers to Ministries / Departments/Borrowing Organisations to extend deputation tenure upto 7 years in cases of Deputations covered by DoP&T’sOM No. 6/8/2009-Estt.(Pay-lI) dated 17th June 2010 – regarding.

This Department’s OM No. 6/8/2009-Estt.(Pay-lI) dated 17th June 2010 regulates Pay, Deputation (Duty) Allowance, Tenure of Deputation / Foreign Service and other terms and conditions on the subject of deputation / foreign service of Central Government employees to ex-cadre posts under the Central Government, State Governments, Public Sector Undertakings, Autonomous Bodies, Universities/ Union Territories Administration, Local Bodies etc. and vice- versa (copy enclosed). Subject to its applicability as provided in para 2 of the OM, these instructions cover cases of deputation/ foreign service where Central Government is either lending authority or borrowing authority or both. It provides for duration of maximum Deputation Tenure as 5 years at a stretch. As per para 8.3.1 (iii) of this OM, no further extension beyond the fifth year shall be considered.

2. Various administrative Ministries/ Departments/ Borrowing Organisations have been approaching this Department for relaxation of the 5 year deputation tenure condition, on case to case basis, citing exigencies, quoting provisions of para 10 of the OM dated 17.6.2010 ibid.

3. It has been decided that if the administrative Ministries / Departments and other borrowing organizations wish to retain an officer beyond 5 years, they ma~ extend tenure of deputation covered by OM No. 6/8/2009-Estt.(Pay-lI) dated 17 June 2010, where absolutely necessary in public interest, upto a period not exceeding 7 years at a stretch. This shall be done with the approval of the Minister of the borrowing Ministry / Department concerned and in respect of other organizations with the approval of the Minister of the borrowing Ministry/Department with which they are administratively concerned, keeping in view the exigencies and subject to fulfillment of all other requirements such as willingness and vigilance clearance of the Officer concerned, NOC of the lending authority, UPSC / ACC approval wherever applicable. Thus, no case of extension shall be referred to Department of Personnel & Training, New Delhi.

4. All other terms and conditions issued vide OM No. 6/8/2009-Estt.(Pay-lI) dated 7th June 2010 will remain unchanged.

5. In cases where the necessity to have deputation tenures longer than seven years is felt, the concerned administrative Ministries! Departments! borrowing organisations may amend the relevant Recruitment Rules of such deputation post accordingly, after following the requisite procedure. No extension of deputation beyond 7 years is to be allowed unless provided in the relevant Recruitment Rules of such deputation post. It is reiterated that no case for extension beyond five years shall be referred to DoPT.

6. It is also clarified that cases which are not covered by the OM dated 17.6.2010 including those where Central Government is neither lending authority nor borrowing authority, will continue to be decided in terms of the relevant provisions Rules/ instructions etc. governing them.

7. These orders shall come into effect from the date of issue of this OM.

sd/-
(Ashok Kumar Jain)
Deputy Secretary (Pay)
Tel. No.: 011-23094542

Click to view Original Order