http://www.persmin.nic.in/WriteReadData/Estt/18016_3_2010-Estt-L.pdf
Child Care Leave to Central Government employees– regarding
No. l3018/I./2010-Estt. (Leave)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)
New Delhi. the 30th December, 2010
Office Memorandum
Sub: Child Care Leave to Central Government employees – regarding
The undersigned is directed to say that subsequent to issue of this Department OM of even number dated 07/09/2010, this Department has been receiving references from various Departments. seeking clarifications. The doubts raised are clarified as under
1. Whether Earned Leave availed for any purpose can be converted into Child Care Leave? How should applications where the purpose of availing leave has been indicated as ‘Urgent Work’ but the applicant claims to have utilized the leave for taking care of the needs of the child. be treated?
Child Care Leave is sanctioned to women employees having minor children, for rearing or for looking after their needs like examination, sickness etc. Hence Earned Leave availed specifically for this purpose only should be converted.
2. Whether all Earned Leave availed irrespective of number of days i.e. less than 15 days, and number of spells can he converted? In cases where the CCL spills over to the next ear ‘(for example 30 days CCL from 27thDecember), whether the Leave should be treated as one spell or two spells?
No. As the instructions contained in the OM dated 7.9.2010 has been given retrospective effect all the conditions specified in the OM would have to be for fulfilled conversion of the Earned Leave into Child Care Leave. In cases where the leave spills over to the next ear, it may be treated as one spell against the year in which the leave commences.
3. Whether those who have availed Child Care Leave for more than 3 spells with less than 15 days can avail further Child care leave for the remaining period of the current year?
No. As per the OM of even number dated 7.9.2010, Child Care Leave may not be granted in more than 3 spells. Hence CCL may not be allowed more than 3 times irrespective of the number of days or times Child Care Leave has been availed earlier. Past cases may not be reopened.
4. Whether LTC can be availed during Child Care leave?
LTC cannot be availed during. Child Care leave as Child Care Leave is granted for the specific purpose of taking care of a minor child for rearing or for looking after any other needs of the child during examination, sickness etc.
(Simmi R.Nakra)
Director
Original pdf- www. persmin.nic.in
Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties
No. 11012(4)/2008-Estt. (A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block,
New Delhi,
Dated the 20th March, 2008
OFFICE MEMORANDUM
Subject: Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties.
Sir,
The undersigned is directed to refer to the Department of Personnel and Training’s O.M. No. 11012/7/98-Estt. (A) dated 07.11.2000 (copy enclosed) on the above mentioned subject and to say that the Election Commission have observed that the Governments in many cases do not initiate proceedings promptly against Government servants on the Commission’s recommendations.
2. As per the aforementioned O.M. dated 07.11.2000, disciplinary action against officers, staff and police personnel deputed on election duties shall be governed by the principles and decisions agreed to between the Union Government and the Election Commission and as recorded by the Hon’ble Supreme Court of India in its Order dated 21.09.2000 in Writ Petition (C) No 606 of 1993 (Election Commission of India vs. Union of India and Ors.). The terms of settlement were as follows :-
“The disciplinary functions of the Election Commission over officers, staff and police deputed to perform election duties shall extend to —
(a) Suspending any officer/official/police personnel for insubordination or dereliction of duty;
(b) Substituting any officer/official/police personnel by another such person, and returning the substituted individual to the cadre to which he belongs, with appropriate report on his conduct;(C) making recommendation to the competent authority, for taking disciplinary action, for any act of insubordination or dereliction of duty, while on election duty. Such recommendation shall be promptly acted upon by the disciplinary authority, and action taken will be communicated to the Election Commission; within a period of 6 months from the date of the Election Commission’s recommendations;
(d) the Government of India will advise the State Governments that they too should follow the above principles and decisions, since a large number of election officials are under their administrative control.”
It has been brought to the notice of this Department by the Election Commission of India that in many cases the Governments concerned do not initiate promptly disciplinary action against the delinquent officials as recommended by the Commission as envisaged in the aforesaid agreement.
3. The instructions issued in terms of the DOPT’s CM. dated 07.11.2000 are, therefore, reiterated and it is emphasized that the terms of settlement have to be complied with while adhering to the provisions of the relevant disciplinary rules. The recommendations of the Election Commission made to the Competent Authority for taking disciplinary action for any act of insubordination or dereliction of duty while on duty shall be promptly acted upon by the disciplinary authority and action taken should be communicated to the Election Commission within a period of six months from the date of the Election Commission’s recommendations.
4. All Ministries/Departments are requested to bring the aforementioned Terms of Settlement and the contents of para 3 above to the notice of all concerned for information and compliance.
Yours faithfully,
(P. PRABHAKARAN)
Deputy Secretary to the Government of India
Original pdf-http://persmin.nic.in/WriteReadData/Estt/11012_4_2008-Estt.(A).pdf
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