FAQs on grant of NFU FAQs on Grant of Non-Functional Upgradation [NFU] to the Officers of the Central Geological Service, Group

A in Geological Survey of India Q1. What are the basic provisions in DoPT O.M No. AB-14017/64/2008Estt [RR] dated 24.04.2009 and subsequent O.Ms regulating Pay Parity [Non-functional Upgradation] to Organized Services Group A Officers? Grant of NFU to higher scale (i.e. pay band and/or grade -pay) is made under the DoPT O.M No. AB-14017/64/2008- Estt [RR] dated 24.04.2009 and subsequent O.Ms. The main provisions are: i. The up-gradation granted under these orders will be a purely non- functional up-gradation, personal to the officer and it would not bestow any right to the officer to claim promotion or deputation benefits based on non-functional up-gradation in such a manner. All the prescribed eligibility criteria and promotional norms including 'benchmark' for up-gradation to a particular grade pay would have to be met at the time of screening for grant of higher pay-scale under these orders. In case of any delay in the issue of orders, financial benefits under these orders will be given from the due date. Non-functional up-gradation to the next higher grade pay granted under the scheme is a fall back option only, to be applied in cases where officers of a particular Service have not been granted promotion to a particular grade in normal course according to the due procedure. Grant of NFU will be effective from 01.01.2006. DoPT instructions provide that benefit of non-functional upgradation is from due-date. Therefore, even retired officers who are otherwise eligible as on due date would need to be considered. Provisions of CCS (RP) Rules, 2008 will apply for pay fixation. The non-functional up-gradation granted under these orders will be based on empanelment and posting of particular batch of IAS officer in the Centre. Such up-gradation would not be linked to the vacancies in the grade. In case of JTS officers who are facing acute stagnation-the provision for grant of NFU is-In case no IAS Officer is available for comparison in STS grade, grant of NFU to STS grade may

Ans.

ii.

iii. iv.

v. vi.

vii. viii.

ix.

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FAQs on grant of NFU be allowed after 7 years of service as Group-A .This upgradation shall be subject to the terms and conditions specified in DoPT OM dated 24.4.09.{vide OM No.AB.14017/16/2010-Estt.(RR) dated 10.06.10}. Q.2 What are the basic features of an Organized Service?

Ans. In terms of DoPT OM No I-11019/12/2008-CRD dated 20 November 2009 the basic attributes of an Organized Service are: (i) (ii) The highest cadre post in such services is not below the grade of Rs.37400-67000 plus Grade pay of Rs. I0000 (SAG); Such services have all the standard grades namely, Rs.1560039100 plus Grade pay Rs.5400 (JTS), Rs. 15600-39 100 plus Grade pay Rs.6600 (STS), Rs.15600-39100 plus Grade pay Rs.7600, Rs.37400-67000 plus Grade pay of Rs.8700 (JAG/NFSG) and Rs.37400-67000 plus Grade pay of Rs. 10000 (SAG); At least 50% of the vacancies in Junior Time Scale (JTS) in such services are required to be filled by direct recruitment; All the vacancies above JTS and upto SAG grade in such services arc filled up by promotion from the next lower grade; [promotion by selection method]. While a service may comprise one or more distinct cadre (s), all such cadres should be governed by composite Service Rules facilitating horizontal and vertical movement of officers of a particular cadre at least upto SAG grade. The cadre posts of an Organised Service expressly belong to that service. The posts not belonging to any service are classified as General Central Service and, therefore, an Organised Group A Service cannot have posts/grades classified as General Central Service; and Such a service consists of two distinct components, namely Regular Duty Posts and Reserves. The Reserves are generally of four types, viz (i) Probationary Reserves, (ii) Leave Reserve, (iii) Training Reserve and (iv) Deputation Reserve. The various types of reserves are usually created and accounted for the Junior Time Scale.

(iii) (iv)

(v)

(vi)

Q.3

What is the procedure for declaring a Service as an Organized Service?

Ans. In Ans. to Q.2 above certain basic attributes of an Organised Group A Service are described. An Organised Group A Service is one which is constituted consciously as such by the Cadre Controlling Authorities and such a service can be constituted only through the established

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FAQs on grant of NFU procedures. In addition, if a service fulfils the above conditions and, is treated so by the Cadre Controlling authorities as an Organized Service, then that particular service can be accorded Organized Service status. Formal approval of the Cabinet is required, based on recommendation of a Screening Committee headed by the Cabinet Secretary, and comprising Secretary- DoPT; Secretary-Defence; Secretary-Expenditure; Secretary-Administrative Ministry and senior most member of the Service concerned. Q.4 What are the basic features of a Batch in an Organized Service?

Ans. Since different Services have different criteria for defining 'Batch', the term 'Batch' in the DoPT OM with reference to NFU refers to the year of joining in which the exam is conducted. [Vide DoPT O.M.No. AB.14017/64/2008-Estt. (RR) dated 25th Sept.2009 on the subject of NFU]. However, vide DoPT O.M. No.AB-14017/64/2008- Estt [RR] dated 10.06.2010 on the subject of NFU - the Batch has been defined as follows:The Batch for the direct recruit officers in the induction grade shall be the year following the year in which competitive exam was held. In subsequent grades the Batch would remain the same provided the officer is not superseded due to any reason .In case the officer is superseded the officer would be considered along with the Batch with which his seniority is fixed. Q.5 What are the provisions of the Recruitment Rules for Geology Stream from time to time and why was there a problem in acknowledging Geology as an Organised Service?

Ans. The RRs applicable to Geology Stream till 28.09.2010 were notified in 1967. As per these RRs, the posts in Geology Stream were classified as General Central Service (GCS). However, from time to time these original RRs were modified for the grades at SAG and above. In the RRs notified in 1981 for DDG (Geology) and above, these posts were classified in terms of Organized Service but in subsequent RRs these posts were again referred as GCS. Though DoPT states that as per its record, the Geology Stream in Geological Survey of India is an Organised Service of the Government of India and there are many reference apparently reaffirming the Organized Status of Geology Stream including Ministry of Finance, O.M. No.F.12/21/74-IC dated 14.11.1975 on the Pay Fixation on promotion from JTS to STS of Geology Stream and which was applicable only to Organized Services, nonetheless posts in Geology Stream have been classified as GCS in all the RRs notified except one referred below. The earliest available RRs for Geology Stream were notified as G.S.R 840 dated 25th May 1964 and in accordance with these RRs the

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FAQs on grant of NFU promotion from JTS to STS was by Selection method and there was no clause for direct recruitment at STS or above grade, failing promotion. In the RRs notified as G.S.R. 1515 dated 4th June 1969 as an amendment to 1967 RRs, the promotion from JTS to STS was made by non-selection method and provision of direct recruitment failing promotion was introduced at all grades. In the RRs cited above, all the posts were classified as GCS. The consequence of this change is (a) promotion from JTS to STS attracted provision of reservation and (b) that it infringes the provisions of Organized Service, as one of the basic criteria is that no direct recruitment can take place at higher grades except JTS. Q.6 What is NFU and how is it related to pay parity?

Ans. Non-functional Up-gradation [NFU] to the next higher grade pay is a fall back option only, to be applied in cases where officers of a particular Service have not been granted promotion to a particular grade in normal course according to the due procedure. It is a purely non- functional up-gradation, personal to the officer and it would not bestow any right to the officer to claim promotion or deputation benefits based on non-functional up-gradation in such a manner. The Sixth CPC observed that there is a conventional edge of two years between IAS and other AIS/ Central Group A services and stated that though the Fifth CPC had taken the view that the edge need not be disturbed, in practice, however, the gap of two years (for posting to various grades in the Centre in form of empanelment of IAS officers and promotion for other Group A officers), has increased in respect of many organised Group A services. The sixth CPC felt that this is not justified as Organised Group A services have to be given their due which justifiably should mean that the disparity, as far as appointment to various grades in Centre are concerned, should not exceed two years between IAS and organised Central Group A services. It recommended that the Government should, accordingly, consider batch-wise parity while empanelling and/or posting at Centre between respective batches of IAS and other organised Group A services with the gap being restricted to two years. Whenever any IAS officer of a particular batch is posted in the Centre to a particular grade carrying a specific grade pay in pay bands PB-3 or PB-4, grant of higher pay scale on non-functional basis to the officers belonging to batches of organised Group A services that are senior by two years or more should be given by the Government. The higher non-functional grade so given to the officers of organised Group A services will be personal to them and will not depend on the number of vacancies in that grade. These officers will continue in their existing posts and will get substantial posting in the higher grade that they are holding on nonfunctional basis only after vacancies arise in that grade. This will not only ensure some sort of modified parity between IAS and other

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FAQs on grant of NFU Central Group A services but will also alleviate the present grade of disparity existing between promotional avenues available to different organised Group A services. The Government accepted the recommendations of Sixth CPC and the grant of NFU to Organized Service Officers is governed by rules contained in DoPT O.M. No. AB-14017/64/2008- Estt [RR] dated 24.04.2009 and the underlying principle is:Whenever an Indian Administrative Services Officer of the State of Joint Cadre is posted at the Centre to a particular grade carrying a specific grade pay in Pay band 3 or Pay Band 4, the officers belong to batches of Organised Group A Services that are senior by two years or more and have not so far been promoted to that particular grade would be granted the same grade on non-functional basis from the date of posting of the Indian Administrative Service Officers in that particular grade at the Centre and Grant of higher scale would be governed by the terms and conditions given in Annex-I of DoPT O.M. No. AB-14017/64/2008- Estt [RR] dated 24.04.2009. Q.7 Now that the Geology Stream has regained its Organized Service status and the RRs conform to the requirements, what are the implications for the Cadre?

Ans. On acquiring Organized Service Status, the following are the implications for Geology Stream in GSI: (i) There is increase in the number of Director [NFSG] posts which is equivalent to 30 percent of Senior Duty posts (SDP) restricted to sanctioned strength at JAG grade (earlier it was 15 percent of SDP) (ii) promotions for all grades are by selection method except for non-functional posts at Director (Geology) (which is nothing but placement in higher grade) (iii) Group A officers eligible to get Non-Functional Upgradation.

Q.8

What was the methodology for application of NFU to Geology and what advice was taken for the purpose?

Ans. The grant of NFU to Organized Service Officers is governed by rules contained in DoPT O.M. No. AB-14017/64/2008- Estt [RR] dated 24.04.2009 as stated in Ans to Q.1 & 6 above. i. As per the clarification provided by the DoPT vide Dy .No. 98467/US/RR/10 dated 26.11.2010, grant of NFU to the eligible officers of Geology stream in GSI, in terms of DoPT O.M. No. AB14017/64/2008- Estt [RR] dated 24.04.2009 and subsequent orders on subject, are applicable w.e.f 01.01.2006.

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ii. Grant of higher scale (i.e. pay band and/or grade -pay) under these instructions made effective 01.01.2006, wherever due and admissible. Grant of NFU to Grade Pay of Rs.8700/- from Grade pay of Rs.7600/- was regulated as per the clarification provided by DoPT vide Id.No. 16267/US (RR) /2011 dated 23.02.2011. iii. In case of JTS officers who are facing acute stagnation-the provision for grant of NFU is-In case no IAS Officer is available for comparison in STS grade, grant of NFU to STS grade may be allowed after 7 years of service as Group-A. [Vide OM No.AB.14017/16/2010-Estt. (RR) dated 10.06.10]. This upgradation shall be subject to the terms and conditions specified in DoPT OM dated 24.4.09. iv. While granting non-functional upgradation the eligibility criteria applicable for regular promotion was taken into consideration and applied to the regular grade at which officer was situated as on 01.01.2006 or subsequently. v. The matter was referred to DoPT on 09.11.2010 for advice on granting of NFU for the period from 01.01.2006 to 28.09.2010 when the new RRs reaffirming the Organized Service status were notified .DoPT advised vide Id Note 98467/US/RR/10 dt. 26.11.2010 that a. The instructions for grant of NFU benefits as per 6th CPC recommendations have been issued in OM dated 24.04.2009. As per the terms and conditions prescribed in the Annexure to the OM all, the eligibility criteria for promotion to a particular grade would have to be met for grant of higher pay scale under these orders. b. In view of above, Officers Geology Stream of GSI can be considered for grant of NFU as per DoPT instructions issued from time to time. c. Grant of benefits w.e.f 01.01.2006 shall be on meeting the eligibility requirements prescribed in the RRs existing at that time. d. The revised Rules have been notified on 29.09.2010, the eligibility conditions included in the same shall apply w.e.f 29.09.2010. e. In this department (DoPT) OM dated 15.12.2009, the eligibility requirement for promotion to the grades of SAG and HAG have been revised. DoPT have been agreeing to grant of NFU benefits in some of the Services based on the instructions of 15.12.2009 pending amendment of Rules. Therefore, GSI may grant NFU as per eligibility conditions for SAG and HAG w.e.f. 15.12.2009. Accordingly, GSI was requested to finalise DPC proposal and arrange to hold the DPC for granting of NFU to the officer of Geology as per DoPTs aforesaid advice.

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FAQs on grant of NFU From 01.01.2006 to 28.09.2010 the eligibility for Upgradation should be based on the then prevailing RRs and from 29.09.2010 the upgradation was based on new RRs. Q.9 Did Ministry seek any clarification from DoPT specifically whether the NFU to be granted to next hierarchical grade only?

Ans. The Ministry of Mines forwarded to DoPT on 12.01.2011, the representation from the GSI Scientific officers Association vide letter dated 09.12.2010 seeking clarification whether the NFU to be granted is to the next hierarchical grade. In addition, Association wanted to know whether total length of service in Group A is considered as residency for grant of NFU. In response, to this representation, DoPT vide Id. note 3351/CR/II dated 08.02.2011have clarified that the terms and conditions for grant of NFU to the officers of Organized Group A Service stipulate that all the prescribed eligibility criteria and promotional norms would have to be met. Accordingly, NFU is to the next hierarchical grade. Q.10 Why was it not possible to grant pay parity purely on the basis of Batch concept or length of service in Group A? Ans. The DoPT O.M. No. AB-14017/64/2008- Estt [RR] dated 24.04.2009 stipulates conditions for grant of NFU and the important provision is : All the prescribed eligibility criteria and promotional norms including 'benchmark' for up-gradation to a particular grade pay would have to be met at the time of screening for grant of higher pay-scale under these orders. In view of the requirement of applying the provisions of eligibility criteria prescribed for grant of NFU, it was not feasible to strictly apply Batch concept or length of service as a criterion to grant NFU to the Officers of Geology Stream. If Batch parity is resorted then it is not possible to adhere to eligibility criteria. This is because that Geology Stream was regulated prior to 29.9.10 by the provisions of GCS and the sanctity of Batch was distorted as follows: (i) As the promotion was vacancy based, it is not necessary that the entire Batch gets promoted at one go, some large Batches for e.g., batches of 1977, 1978, 1980 etc were cleared in two or three batches in the promotion from JTS to STS and also in subsequent promotions, thus creating real disparity amongst the officer of same batch. (ii) prior to the notification of new RRs in 2010 conferring Organized Service to Geology Stream, the promotion from JTS to STS grade was by non-selection method attracting provision of extended consideration zone to accommodate officers of reserved category resulting in accelerated promotion of such officers leading to change in inter-se-seniority within the same batch from which they

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FAQs on grant of NFU have been promoted as well as in Batches with whom they are attached on promotion. Thus, the sanctity of Batch got compromised as stated in (I),& (ii), and it become impossible to use the Batch together with eligibility. Since eligibility criteria flowed from the RRs while Batch concept flowed only from the DoPT guidelines for purposes of NFU, and Rules take precedence, it was not possible to ignore eligibility and give preference to Batch. Q.11 What are the implications in so far as future batches are concerned? Ans. The new batches will not face problem on account of the disparity arising for reasons stated in Ans. to Q.10 above for the fact that they in the new RRs, promotion is by selection & retaining the inter-se seniority subject to rejection of those who do not meet the bench mark, Accordingly, officers will get parity on completion of stipulated residency period as provided in RR notified on 29.09.2010 for Geology Stream and those at JTS level will get upgradation to STS on completion of seven years Group-A service. Q.12 Was any Legal Advice/opinion sought for grant of NFU. Ans. Once the Cadre Review Division of DoPT clarified that Geology Stream of Geological Survey of India is an Organized Service of the Government of India, the RR division of DoPT on 09.03.2010 cleared the RRs for Geology Stream and classified it Central Geological Service, Geological Survey of India. This had all the provision of an Organized Service including provision of Non-Functional up gradation. These RRs were also cleared by UPSC on 09.07.2010, as this is mandatory and subsequently vetted by Law Ministry on 27.09.2010 before Notification on 29.09.2010. The matter went to Law Ministry only for vetting of the notification (all Statutory Notifications require Law Ministry concurrence). Since vetting looks at the language and legislative competence, in this case, Law Ministry vetted the draft without any remarks/ comments and the Rules were accordingly notified. Q.13 Which Other Organized Service has granted NFU to its Officers? Ans. As per the information available, the following services have introduced NFU for its Group A Officers: a. CPWD (NFU granted on 29.09.2010 to Director Grade and subsequently to other grades) b. CBEC (NFU granted on 23.02.2011 to HAG) c. Indian Revenue Service [Income Tax](NFU granted on 29.12.1009 to HAG) d. Indian Ordinance Factories Services [NFU granted on 25.01.2010 to HAG]

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FAQs on grant of NFU Q.14 Do any of these Services have non-selection method of Promotion? Ans. None of the Services mentioned in Ans to Q.13 have non-selection method of promotion (except placement in Non Functional Selection Grade). Q.15 What is the status of the proposal from GSI for one time relaxation of Rules to address the issue of non-operationability of batch concept in the context of application of principle of NFU for Pay parity? Ans. As stated in Ans to Q.09 above, the GSI Scientific Officers Association vide their representation dated 09.12.2010 sought clarification whether the NFU to be granted is to the next hierarchical grade. In addition, the Association wanted to know whether total length of service in Group A is considered as residency for grant of NFU. The Matter was referred to DoPT on 12.01.2011 by MoM. In response, DoPT vide Id. note 3351/CR/II dated 08.02.2011have clearly stated that the terms and conditions for grant of NFU to the Officers of Organized Group A Service stipulate that all the prescribed eligibility criteria and promotional norms would have to be met. Accordingly, NFU is to the next hierarchical grade. 16 A chronological table, giving the progress of the proposal through various Deptt/advisories:Date Oct./Nov. 2008 16.01.2009 Activity Representations from the officers of GSI for grant of 30% NFSG and pay parity with Organised Group A Service as per 6th CPC vide DOPT OM dated 06.06.2000. Ministry clarified that Geology Stream in GSI is an Organised Group A Service and requested GSI to prepare draft recruitment rules of Geology Organised Group A Service and at the same time prepare separate proposal for other S&T Stream for grant of Organised Group A Service status. Ministry writes to DOPT to ascertain: (a) Whether detailed guidelines/ instructions on the subject of NFU has been issued, and (b) Whether pay parity with IAS Officer will be applicable to Group A Geology Stream of GSI. DOPT informed vide Dy. No.1489/CR/09 dated 13.04.09 that matter for grant of NFU under consideration. DDG(P)/GSI/P/F dated 18.05.2009 submitted to the Ministry draft RRs for a Central Geological Service, Group A for approval. MoM ltr No.1/23/2008-M.II dated 23.06.2009. The Rectt. Rules for Group A Geology Stream on Organized Service pattern containing provision for grant of NFU submitted to DoPT for approval. GSI was asked to submit proposal for grant of NFU to eligible officers of Geology Stream vide MoM ltr.No.27/118M.II (Vol.I) dated 08.07.2009. DDG(P) letter no.5205/p/A-19011/MACP/Pay

Sl.No 1.

2.

3.

04.03.2009

4. 5.

13.04.2009 18.05.2009

6.

23.06.2009

7.

08.07.2009

8.

08.07.2009

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Sl.No Date Activity Parity/2010/19A dt.08.06.2010 gave recommendation of GSI : gist is as follows:(a) the pay parity can be given with Notification of RRs in pattern with Organised Service (b) MOM may permit GSI to extend the benefit of MACP to the S&T stream Group A officers who would be opting for MACPs, before they are inducted into organised Group A service. AS (M) to DG, GSI to send DPC proposal in accordance with guidelines contained in DOPT OM no. AB/14017/64/2008-Estt (RR) dated 24.04.2009 along with all the relevant documents following DPC procedure. DO from AS Mines No. 1/23/2008.M-II to Joint Secretary, DoPT that the new RRs on Organized Service pattern forwarded to DoPT and approval may be accorded at the earliest. GSI vide DDG [P] letter no. NM/DD/GSI/NFSG-Pay parity dated 22.08.009 informed Ministry that the benefits of pay parity with IAS may not be feasible under the existing RRs stating whereas as some ambiguity has been crept in, for implementation of the scheme of pay parity with IAS in view of the terms and conditions stipulated at Para 3 & 11 in annexure to DoPT OM No. AB.14017/64/2008-Estt.(RR) dated 24.04.2009. these stipulations for the eligibility for grant of NFU in the particular grade pay in PB-3 & PB-4 ,is whether with respect to the total length of service after induction to group A post or with respect to residency period in feeder grade as specified in RRs ,has not been clarified. If the residency period of the feeder grade as specified in RR is considered, in GSI the scheme benefit would be negligible and would not address the pay parity with IAS batches. It is further worsened by linking it with crucial date of eligibility i.e., 1st January preceding to particular financial year. If the same is linked with, total length of service in Group A or compared with UPSC, batches then only Scheme will benefit few officers of Geology Stream. It was suggested that in new RRs provision for considering total length of service for promotions to various grades may be incorporated. AS (M) DO to DG, GSI that GSI has not submitted any proposal for grant of NFU as requested vide Ministry letters dated 8.7.09, 17.07.09 and 7.8.09. DG, GSI was asked to immediately submit proposal for grant of NFU. Reply filed by GSI in CAT ,OA No. 149/02009: The main submission is as follows:( given in para 9 of reply filed) It is respectfully submitted that the comparison with IAS in terms of time scale etc. and its parity in respect of other services of Central Civil Group-A needs following conditions: A. Single Recruitment Rules of appointment to all the stream of GSI.

9.

17.07.2009

10.

03.08.2009

11.

22.08.2009

12.

24.08.2009

13.

23.09.2009

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Sl.No Date Activity B. Uniform functional responsibility for all Government servants as per RRs which is applicable to all IAS candidates C. Formalities of Recruitment under the category of Organized Service which is yet to be prepared by GSI. D. Notification of Organized Service which is till date not done, E. As per para 6.4.4 of Promotion Chapter in the Swamys Establishment and Administration Manual, promotion is always prospective. It is further submitted that the concept is a new concept and as per DoPT OM No. AB. 14017/64/2008-Estt.(RR) dated 24.04.2009 ,the procedure of Screening Committee is followed as in case NFSG grade needs to be followed after amendment of RRs. The amendment of RRs are in process and RRs on Organized Service pattern in respect of Geology, Chemistry ,Geophysics and Engineering (Merged Stream of Mechanical Engineering and Drilling) have been sent to the DoPT for approval ,further action will be taken as earliest as possible. Ministry DO to DG, GSI to offer explanation on points raised by DoPT for conferring Organised Service status to the Geology Stream. Litigation: In OA No. 149/2009 filed by Shri G.K.Pancholi & Ors ., CAT, Jaipur has directed as under: We have heard the learned counsel for the parties and have gone through the material placed on record. In view of the stand taken by the respondents, as reproduced above, we are of the view that it will not be useful to keep this matter pending and the same can be disposed of by giving time bound directions to the applicants and the persons similarly situated can get the benefit of recommendations as made by the 6th Pay Commission. Accordingly, the respondents are directed to ensure completion of aforesaid steps including steps for amending the rules expediously and it any case within a period of six months from the date of passing of this order. With these observations OA as well as MA are disposed of with no order as to costs. GSI reply to ltr. Dated 19.01.2010-offering explanation on points raised by DoPT for conferring Organised Service status to the Geology Stream. Secretary (M)s DO to Secretary (DOPT) requesting for early action on approval of draft RR of Geology. Information from DoPT regarding approval of draft RR of Geology stream on Organized Service pattern with advice that further action to be taken by MoM in consultation with UPSC and Law. Ministry sent draft RR to UPSC as approved by DoPT for consultation and amendment of RRs for Central Geological Service, Group-A. UPSC sought clarification for amendment of RRs approved by DOPT.

14.

19.01.2010

15.

29.01.2010

16.

12.02.2010

17. 18.

26.02.2010 09.03.2010

19.

19.03.2010

20.

05.04.2010

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Sl.No 21. 22. Date 13.04.2010 15.04.2010 Activity Ministry sent clarifications to UPSC on the points raised by the later (as in letter dated 05.04.2010). MoM vide letter No, 27/118-M.II dated 15.04.2010 forwarded a copy of Draft Rectt. Rules of Central Geological Service and GSI was requested to do an advance exercise on the basis of the draft RRs in accordance with DoPT instructions for grant of NFU contained in O.M. dated 24.04.2009 and subsequent orders on the subject. GSI was also requested to list out difficulties likely to affect implementation of NFU at the earliest so that timely clarification may be obtained from DoPT before new RRs are notified. Through this letter, GSI was also requested to undertake mock exercise to determine how many officers at each grade will be benefited by grant of NFU. MoM vide ltr No, 27/118-M.II dated 15.04.2010 to the Director General, GSI, stated that though Ministry of Mines have clarified that Geology Group A is an Organised Service; since the existing Rules do not explicitly state this, the benefits are to accrue prospectively only after the RRs are amended to fulfil all the attributes of Organised Service as prescribed by DoPT and notified accordingly. MoM vide Id Note No.10/34/2009 dated 21.4.2010sought advice from DoPT: to give clear advice as to whether to implement the decision of the Honble CAT, Jaipur or to challenge the same. SS (Mines) wrote DO to Secretary (UPSC) requesting UPSCs approval of draft RRs of Geology Stream Group-A at the earliest. UPSC raised further queries and sought explanation for amending Recruitment Rules of Geology Stream. Ministry furnished point wise replies to the queries raised by UPSC vide its ltr. Dated 04.05.2010. Ministry sought appointment with JS (RR), UPSC for discussion on the matter of amendment of draft RRs for Geology Stream. UPSC raised additional queries seeking clarification of the Ministry of Mines; also asked MOM to request Honble CAT, Jaipur to grant extension of time for implementation of its order regarding NFU. Ministry furnished para wise comments /explanations to the queries raised by UPSC vide ltr.dated 31.5.10 for amending RRs. DDG(P) letter no.5205/p/A-19011/MACP/Pay Parity/ 2010/19A dt.08.06.2010 to MoM providing recommendation of GSI : gist is as follows [para 3&6]:(a) the pay parity can be given with Notification of RRs in pattern with Organised Service (b) MOM may permit GSI to Extend the benefit of MACP to the S&T stream Group A officers who would be opting for MACPs, before they are inducted into organised Group A service. Discussion held with UPSC regarding amendments to RRs

23.

15.04.2010

24.

21.04.2010

25.

21.04.2010

26. 27. 28.

04.05.2010 12.05.2010 13.05.2010

29.

31.05.2010

30.

02.06.2010

31.

08.06.2010

32.

14.06.2010

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Sl.No Date Activity of Geology Stream. UPSC raised few queries seeking clarification from the Ministry. Ministry furnished point wise clarifications to the issues raised by UPSC in 14.06.2010 meeting. DoPT vides Id Note No. AB.14017/28/2009-Estt.(RR) advised:.As far as Estt(RR) Division is concerned, the draft Rules have been approved and Ministry of Mines have been advised to take further action in consultation with UPSC and Ministry of Law. However, the status of Geology Stream in GSI as an Organized Group A Service needs to be confirmed by the Cadre Review Division of this Department> It may also be mentioned that we have been agreeing to extending the benefits of Non-Functional Upgradation to Organized Group A Services pending amendment of Rules. Ministry of Mines may take necessary action in consultation with Ministry of Law after obtaining confirmation of Organized Group A status from CRD of DoPT. UPSC vide ltr. No. F.3/40(1)/2010-RR conveyed approval of the Commission to the Central Geological Service, Group A Rules. RRs as approved by UPSC sent to the Ministry of Law & Justice, Legislative department for vetting, as per the stipulation of DoPT that vetting of RRs by Ministry of Law is necessary before gazette Notification. Ministry DO 27/118/2008-M.II dated 20.07.2010 to DG, GSI suggesting GSI to go ahead with grant of MACP to the officers of Geology and other S&T streams. Ministry DO to DG, GSI to provide notified copies of existing RRs of all the grades in Group A Geology Stream as per the requirement of amending RRs of Geology Stream on Organized pattern. DoPT vide its Note dated 09.08.2010 conveyed following to the Ministry of Mines: In the CAT case filed by Shri G.K.Pancholi & Ors. The MoM has made submissions on formulating single RRs to all the streams of GSI, notification of Organized Status, etc. For the Geology Stream, this department has No objection of extension of pay parity benefits under the scheme of NFU pending notification of revised Rules. In respect of other streams, we have in principle approved the RRs subject to confirmation of Organized Status by CRD. Therefore, on the direction of CAT, MoM is required to take action in consultation with Ministry of Law Ministry of Law ,diary No. 2741/10A dated 13.08.2010 has opined following : In view of the stand taken by the administrative Ministry in its reply to M.A., order was passed by CAT and directions were given.(see sl.no.12 above).Therefore, administrative Ministry has no option except to implement the order. The DoPT has also given its approval. Since time limit of six

33. 34.

16.06.2010 25.06.2010

35.

09.07.2010

36.

15.07.2010

37.

20.07.2010

38.

23.07.2010

39.

09.08.2010

40.

13.08.2010

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Sl.No Date Activity months given by the CAT has already been expired and orders of the CAT as directed has not been implemented within the time, it will be appropriate to seek extension of time immediately from the CAT to avoid any contempt. Vetted RRs [including Hindi Version] received from the Legislative Department, Ministry of Law & Justice. Ministry Notified RRs of Geology Organised Service Group A in GSI and published in Part II, Section 3 (ii) of Gazette of India. Contempt Petition 36/2010 dated 27/10/2010 : The Honble CAT, Jaipur passed the following directions in CP No. 36/2010 filed by Applicants: with following direction: We have given due consideration to the submission made by the learned counsel for the respondents. Since the recruitment rules are being notified shortly, it is expected that follow up action shall be taken within a period of two months from today. Compliance report to that effect shall be made by the respondents by filling an additional affidavit in the pending Contempt Petition No.36/2010 in which case, we have deferred issuance of notice for the time being. Contempt Petition No.36/2010 may be listed on 07.01.2011. MOM letter No.47/1/1/8/2008-MM.II dated 2/12/2010 to DG, GSI to finalize DPC proposal in accordance with new RRs and arrange to hold the DPC granting of NFU w.e.f. 1.1.2006 at the earliest. DG GSI letter No.A-19011/MACP/PayParity/ 2010/ 19A/ 16090 SP dated 16/12/2010 submitted proposal for grant of NFU to various grades in Central Geological Service. MA 348/2010 (OA no.149/2009) in Honble CAT, Jaipur:Orders of the Bench: This MA has been moved by the Respondents for further extension of time to comply with the order dated 29.01.2010 passed in OA No.149/2009. In view of the averments made in para no.04 of the MA, the respondents are granted further period of three months to comply with the order dated 29.01.2010 passed in OA No.149/2009 The MA shall stand disposed off accordingly. DO from AS No.1/10/2010-M.II dated 28.1.2011 to DG,GSI to furnish a detailed proposal along with a copy of last promotion order of each officer to verify the date from which they are eligible for grant of NFU. A vigilance clearance certificate of all officers including grading of last five years should be proper and furnished with the proposal. MOM.ltr.No1/10/2010-M-II dated 28.1.2011, DS (G) returned proposal to GSI because they were not in conformity to DOPT guidelines. DDG(P) vide letter No.A-19011/MACP/Pay parity/2010/19A dated 31.1.2011 informed Ministry that DG GSI has constituted a committee for preparation of ACR grading of eligible officers for last 5 years.

41. 42.

27.09.2010 29.09.2010

43.

27.10.2010

44.

02.12.2010

45.

16.12.2010

46.

05.01.2011

47.

28.1.2011

48.

28.1.2011

49.

31.1.2011

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FAQs on grant of NFU

Sl.No 50. Date 2.2.2011 Activity DDG (P) informed that In supersession of letter dated 31.1.2011 a revised committee constituted by DG, GSI for ACR grading as required for the grant of NFU. MOM lr.No 1/10/2010-M-II /dated 2.2.2011, DS (G) requested DG, GSI to forward a complete proposal including 5 years ACR (keeping in mind contempt petition of CAT Jaipur) with reference to AS (M) DO letter dated 28.1.2011. MOM ltr.No 1/10/2010-M-II dated 11.2.2011 to DG, GSI informing the Screening Committee Schedule for the grant of NFU to the officers of Central Geological Service, Group A. DG, GSI vides ltr.No. A-19011/MACP/Pay parity/ 2010/ 19A dated 11.2.2011 submitted NFU proposal in respect of Senior Geologist. MOM vide ltr.No 1/10/2010-M-II dated 14.2.2011, DS(G) informed DG,GSI informed about discrepancies in the proposal sent by GSI in respect of Senior Geologist and requested DG,GSI to provide requisite documents urgently( this was as per telephonic discussion of AS(M) with DG,GSI. Director (P), GSI, vide ltr.no. A-19011/MACP/Pay parity/2010/19A dated 14.2.2011resubmitted proposal for NFU in respect of Senior Geologist, and for Superintending Geologist, Director (Geology) and DDG (Geology). Reference-Screening Committee Meeting held on 17.2.2011, it was concluded that in the magnitude of discrepancies observed by the Committee in the proposal submitted by GSI the Committee decided that it was not appropriate to act on the granting of NFU. GSI was asked to provide all the relevant information/certification and ACRs so that Screening Committee meets on 25.02.2011. DDG (P) vides ltr.no. A 32013/MACP/payparity/2010/19A Vol.I sought clarification for grant of NFU to the officers in the pay band 3 with GP 7600/-. MoM forwarded it to DoPT on 23.02.2011 and DoPT clarified the position immediately which was communicated to GSI on 23.2.11 and accordingly the proposal to be considered. No. - 832013 /MACP/Pay parity/2010/19A Vol. II dated 22.2.2011, Director (P) submitted proposal for NFU with reference to Minutes of Screening Committee Meeting dated 17.2.2011. MOM ltr.No 1/10/2010-M-II dated 23.2.2011 informing DG GSI about next dates for holding of Screening Committee Meetings for grant of NFU to different grades. Screening Committee Meeting held on 28.2.2011 & on subsequent dates for grant of NFU to following Grade Pay (Screening Committee meeting Minutes dated 3.3.2011):i. 6600 to 7600 ii. 7800 to 8700 iii. 8700 to 10000 iv. 10000 to 67000-79000 + 3% Lr.No.1629/C-13011/ 103/Vigilance Clearance( Admn.

51.

2.2.2011

52.

11.2.2011

53.

11.2.2011

54.

14.2.2011

55.

14.2.2011

56.

17.2.2011

57.

18.02.2011

58.

22.2.2011

59.

23.2.201

60.

28.2.2011

61.

7.3.2011

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FAQs on grant of NFU

Sl.No Date 9.3.2011 Activity Vigilance)/2009- Vol.III dated 7.3.2011 and Lr.No.1622/C13011/ 103/Vigilance Clearance( Admn. Vigilance)/2009Vol.III dated 9.3.2011, GSI sent Vigilance clearance to the Ministry MOM No.1/10/2010-M.II dated 10/3/2011, DS (G) informed DG, GSI that Vigilance Clearance furnished vide letter dated 9/3/2011 was not proper (vigilance clearance issued wrongly provided by GSI), also informed Ministrys decision to issue Show Cause Notice to concerned officers. Recommendation of Screening Committee for grant of NFU sent to DG,GSI vide letter MOM Ltr. No. 1/10/2010-M-II dated 21.3.2011 for following Grade Pay (Rs.) i. 6600 to 7600 ii. 7800 to 8700 iii. 8700 to 10000 iv. 10000 to 67000-79000 + 3% GSI notified implementations of NFU vide office order dated 22.03.2011 in the following Grade Pay 6600 to 7600 7800 to 8700 8700 to 10000 10000 to 67000-79000 + 3% GSI proposal to grant NFU to the officers in the Grade Pay of Rs.5400/- to Grade Pay of Rs.6600/- dated 01.04.2011. Meeting of the Screening Committee to grant NFU to the officers in the Grade Pay of Rs.5400/- to Grade Pay of Rs.6600/- held on 11.04.2011. MoM vides ltr.No. 1/10/2010-M.II dated 15.04.2011 fixed date of 25.04.2011 for holding the Screening Committee meeting for grant of NFU to officers whose cases were deferred for reasons. GSI was requested to forward all relevant papers including ACRs. DG, GSI vide ltr No. A19011/MACP/PayParity/2010/ !(A requested Ministry to postpone the Screening Committee meeting scheduled to be held on 25.04.2011 at least by three weeks ,as most of the ACRs for the officers whose cases were deferred ,are still not received.

62.

10/3/2011

63.

21.3.2011

64.

22.03.2011

65. 66.

01.04.2011 11.04.2011

67.

15.04.2011

68.

20.04.2011

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