Friday, January 28, 2011

Grant of overtime allowance for the period of work on Sundays and other holidays, and after normal working hours.


IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI

SUBJECT :  OVERTIME ALLOWANCES

W.P.(C) 3404/2001

DATE OF DECISION February 6, 2006

RAJINDER SINGH BISHT                              ..... Petitioner
                                                               Through Ms. Maninder Acharya, Advocate

versus

DSLDC.                                                         ..... Respondent
                                                             Through Ms. Anusuya Salwan, Advocate

S. RAVINDRA BHAT, J. (Open Court)

1.               The petitioner here claims a direction to the respondent (hereafter called the “DSIDC”)  for grant of overtime allowance for the period he had to work on Sundays and other holidays, and after normal working hours.

2.               The petitioner, an employee of the  first respondent (hereafter referred to as “DSIDC”) claims that he was asked to work in the liquor vends maintained by his employer.  During such assignments, the  DSIDC requires its employees to often work for beyond duty hours and also report for duty on weekly and certain other holidays.  This based upon the exigencies of the work.

3.               Learned counsel for the petitioner has relied upon Rule 34 of the Delhi State Industrial Development Corporation Limited (Staff Service) Rules, 1978 which provides that the Corporation may grant overtime allowance to its employees in Group-C or Group-D  posts who are required to work on Sundays or holidays or have put in extra hours of work on week days in connection with the Corporation's work at the rates applicable to Central Government employees from time to time. 

4.               Learned counsel submitted that the timings notified by the Commissioner of Excise are such that the liquor vends are kept open for long periods of time, often upto 9-10 p.m.  It is submitted that the petitioner had to work beyond duty hours and also on certain holidays.  A chart has been enclosed as Annexure 'P-3' indicating such attendance for the period August 1998 to April 2001.

5.               Learned counsel for the respondent submitted that as per the conditions of service, employees working in liquor vends beyond duty hours or on Sundays/holidays are entitled to compensatory leave.  She relied upon the circular dated 15.1.1985.  The material portion of that circular reads as under:
“ i)  The staff who are required to perform ovetime duty for the full prescribed hours or work on Sundays (or other weekly off days or second Saturdays) or other holidays/public holidays should as a rule be granted compensatory leave in lieu.  Employees who are required to work on such days beyond a full day may be allowed a days' Compensatory Leave in lieu of the full day work and paid overtime allowance for the excess time put by them minus one hour free duty.  In cases where an employee is required to work for half-day or less, e.g. From the time the office open till lunch time, two such half days should be taken as equivalent to one full day for the purpose of grant of Compensatory Leave.  Where necessary half-a-day's Compensatory Leave may be given.  Cash compensation in the form of 'Overtime Allowance' for duty on Sundays/Weekly off days/second Saturdays/Public Holiday may be granted only in very exceptional circumstances where an officer not below the rank of G.M./C.I.A./F.C. Is satisfied and certifies that it is not possible to grant Compensatory Leave.”

6.               It was submitted that by virtue of a notification dated 22.11.1999, those employees who were to work at liquor shops if one reason or another were unwilling, were to indicate their willingness or unwillingness within 10 days from the date of the issuance of the circular.  It is claimed that the petitioner never chose to opt out of the assignment and never applied for special casual leave admissible by virtue of the circular/order dated 15.1.1985.

7.               Learned counsel for the petitioner submitted that the circulars dated 15.1.1985 and 22.11.1999 were produced after the filing of the counter affidavit, and through an additional affidavit after submissions were made during the course of hearing in these proceedings on 13.3.2003.  Learned counsel for the respondent states upon instructions that at best the petitioner can claim the benefit of casual leave and the Corporation is willing to give benefit for the unavailed leave for the period in question.

8.               Rule 34 enables the  DSIDC  to pay overtime allowance.  It is not in imperative terms and does not cast an obligation to disburse the amounts.  However, as a model employer, it is expected that if extra work is sought form an employee, the  DSIDC being an authority and being a State would give reasonable treatment in that regard. The circular dated 15.1.1985 mandates that in the event of employees-not merely those required to work in liquor vends-having to work overtime or put in extra service by way of work after on duty holidays, would be entitled to compensatory leave.  The formula for working out such benefit had been indicated. Overtime allowance too has been provided for; it can be given in exceptional situations.  It had been contended that these circulars as well as the circular dated 22.11.1999 was not known and that in any event they do not bar the payment of overtime allowance. 

9.               In my opinion, the petitioner was under a duty to discharge the work assigned to him by the  DSIDC.  Nevertheless, the fact remains that he was made to work far beyond what are considered as normal duty hours; on several instances he was also required to report for duties on holidays.  There seems to be some substance in the grievances that the circular dated 22.11.1999 was not known and as result the petitioner could not avail the compensatory casual leave.

10.             The provision of Rule 34 as well as the conditions indicated in the circular dated 15.1.1985 do not oblige the DSIDC to disburse the overtime allowance but enable the corporation to give it.  If the corporation chooses to fairly and uniformly to extend compensatory leave and not grant overtime allowances in the normal circumstances, where employees are made to work beyond normal duty hours or asked to report for work on holidays, that policy cannot be termed arbitrary.  This is, however, not meant to suggest that indicated in the circular itself, overtime is not admissible; in exceptional cases it can be granted. 

11.             Having regard to the facts and circumstances of this case I am of the view that the respondent  DSIDC should grant  the facility of the extra compensatory leave for the period the petitioner had worked between 1999-2001 deducting the special/extra compensatory leave already availed as per the circular governing the issue.  This facility shall be extended during the current year as also for the next year.  An order shall be communicated to the petitioner as to his entitlement for such compensatory leave, for the relevant period within eight weeks from today.  The petitioner shall be granted this facility for the year 2006-2007.  A direction to that effect is issued. 
                  The writ petition is disposed  off in the above terms. No costs.



                                                                                             Sd./-
                                                                                S.RAVINDRA BHAT, J
FEBRUARY 06, 2006

Holidays for Central Government Employees during the year 2011



F.No.12/ 1 /2010-JCA-2

Government of India

Ministry of
 Personnel, Public Grievances and Pensions

(Department of
Personneland Training)

North Block, New Delhi

Dated the 21st June, 2010

Subject:
 Holidays to be observed in Central Government Offices during the year 2011.

It has been decided that the holidays as specified in the Annexure – I to this O.M. will be observed in all the Administrative Offices of the Central Government located at Delhi/New Delhi during the year 2011. In addition, each employee will also be allowed to avail himself/herself of any two
holidays tobe chosen by him/her out of the list of 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 3.1 below:

1.
REPUBLIC DAY

2.INDEPENDENCE DAY

3.MAHATMA GANDHI’S BIRTHDAY

4.BUDHA PURNIMA

5.CHRISTMAS DAY

6.DUSSEHRA (VIJAY DASHMI)

7.DIWALI (DEEPAVALI)

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 withCoordinationCommittees at other places in the State. The final list applicable uniformly to all CentralGovernment officeswithin the concerned State shall be notified after seeking prior approval of this Ministry and no change can be carried out thereafter. It is also clarified that no change is permissible in regard to festivals and dates as indicated.

1.AN ADDITIONAL DAY FOR DUSSEHRA

2.HOLI

3.JANAMASHTAMI (VAISHNAVI)

4.RAM NAVAMI

5.MAHA SHIVRATRI

6.GANESH CHATURTHI / VINAYAK CHATURTHI

7.MAKAR SANKARANTTI

8.RATH YATRA

9.ONAM

10.PONGAL

11.SRI PANCHAMI / BASANTA PANCHAMI

12.VISHU/ VAISAKHI / VAISAKHADI / BRAG BIHU / MASHADI UGADI / CHAITRA SAKLADI / CHETI CHAND / GUDI PADA 1ST NAVRATRA / NAURAJ/CHHATH POOJA

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 CentralGovernment Offices
located in Delhi / New Delhi. TheCoordinationCommittees 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 variableholidays inpara 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 inrespect of Idu’1 Fitr, Idu’1 Zuha, Muharram and Id-e-Milad, if necessary, depending upon sighting of the Moon, would be declared by the Ministry ofPersonnel, Public Grievances and Pensions after ascertaining the position from the Govt. of NCT of Delhi.

5.2 For offices outside Delhi / New Delhi, the Central
Government EmployeesWelfareCoordinationCommittees 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’1 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 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 2011, Diwali (Deepavali) falls on Wednesay, October 26, 2011 (Kartika 04). 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. However, in the year 2011, Diwali (Deepavali) and Narak Chaturdasi Day, both are falling on the same day i.e. October 26, 2011.

7. Central Government Organisations which include industrial, commercial and trading establishments would observe upto 16
holidays ina year including three national holidays viz.RepublicDay, 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 2011, subject to para 3.2 above.

8.Union Territory Administrations shall decide the list of
holidays interms of Ministry of Home Affairs letter No.14046/27/83- GP-I dated 15.2.1984 by which they would observe a total of 16 holidays including the three National Holidays V.RepublicDay, Independence Day & Mahatma Gandhi’s birthday.

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 wi11 have the option to select 12(Twelve) holidays of their own only after including in the list, three National Holidays and Mahavir Jayanti, Christmas Day included in the list of compulsory holidays and falling on days of weekly off.

10.In respect of Banks, the holidays are restricted to 15 days in a year in terms of the instructions issued by the Department of Economic Affairs (Banking Division).

11. Hindi version will follow

(DINESH KAPILA)

DEPUTY SECRETAR

F.No.12/ 1 /2010-JCA-2Government of IndiaMinistry of
Personnel, Public Grievances and Pensions(Department ofPersonneland Training)
North Block, New DelhiDated the 21st June, 2010
Subject:
Holidays tobe observed in CentralGovernment Officesduring the year 2011.
It has been decided that the holidays as specified in the Annexure – I to this O.M. will be observed in all the Administrative Offices of the Central Government located at Delhi/New Delhi during the year 2011. In addition, each employee will also be allowed to avail himself/herself of any two
holidays tobe chosen by him/her out of the list of RestrictedHolidays inAnnexure – 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 3.1 below:
1.REPUBLIC
DAY2.INDEPENDENCE DAY3.MAHATMA GANDHI’S BIRTHDAY4.BUDHA PURNIMA5.CHRISTMAS DAY6.DUSSEHRA (VIJAY DASHMI)7.DIWALI (DEEPAVALI)8.GOOD FRIDAY9.GURU NANAK’S BIRTHDAY10.IDU’L FITR11.IDU’L ZUHA12.MAHAVIR JAYANTI13.MUHARRAM14.PROPHETMOHAMMAD’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 EmployeesWelfareCoordinationCommittee in the State Capitals, if necessary, in consultation withCoordinationCommittees at other places in the State. The final list applicable uniformly to all CentralGovernment officeswithin the concerned State shall be notified after seeking prior approval of this Ministry and no change can be carried out thereafter. It is also clarified that no change is permissible in regard to festivals and dates as indicated.
1.AN ADDITIONAL DAY FOR DUSSEHRA2.HOLI3.JANAMASHTAMI (VAISHNAVI)4.RAM NAVAMI5.MAHA SHIVRATRI6.GANESH CHATURTHI / VINAYAK CHATURTHI7.MAKAR SANKARANTTI8.RATH YATRA9.ONAM10.PONGAL11.SRI PANCHAMI / BASANTA PANCHAMI12.VISHU/ VAISAKHI / VAISAKHADI / BRAG BIHU / MASHADI UGADI / CHAITRA SAKLADI / CHETI CHAND / GUDI PADA 1ST NAVRATRA / NAURAJ/CHHATH POOJA
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’1 Fitr, Idu’1 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.
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’1 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 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 2011, Diwali (Deepavali) falls on Wednesay, October 26, 2011 (Kartika 04). 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. However, in the year 2011, Diwali (Deepavali) and Narak Chaturdasi Day, both are falling on the same day i.e. October 26, 2011.
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 2011, subject to para 3.2 above.
8.Union Territory Administrations shall decide the list of holidays in terms of Ministry of Home Affairs letter No.14046/27/83- GP-I dated 15.2.1984 by which they would observe a total of 16 holidays including the three National Holidays V. Republic Day, Independence Day & Mahatma Gandhi’s birthday.
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 wi11 have the option to select 12(Twelve) holidays of their own only after including in the list, three National Holidays and Mahavir Jayanti, Christmas Day included in the list of compulsory holidays and falling on days of weekly off.
10.In respect of Banks, the holidays are restricted to 15 days in a year in terms of the instructions issued by the Department of Economic Affairs (Banking Division).

(DINESH KAPILA)

DEPUTY SECRETARY



Wednesday, January 26, 2011

How to Search Book Details by Classification No In Schoolib?


1.       Go to the Search option in the main page
2.       From the ‘select table’ dropdown list select “Books”
3.       Select “Classification” from the ‘Select the field ‘dropdown list
4.       Select any one of the options below (that is Exact,Starting or containing)
5.       Then enter the Class No in the text column below
6.       Then press the Search button in the right side
7.       Press the Search result tab at the top to view the result.
8.       Press the Export button to export the search result to excel sheet. 

Wednesday, January 19, 2011

Rae Bareilly among 7 training centres of NVS

Jawahar Navodaya Vidyalayas (JNVs), which impart modern education to talented children of rural and remote areas, are now set to train their teachers.
The Union Human Resource Development Ministry has sanctioned seven Leadership Training Institutes for the faculty of the over-500-strong chain of schools. The institutes will come up on the Navodaya school campuses itself — in Chandigarh, Hyderabad, Goa, Udaipur, Rae Bareilly, Puri and Shillong.
Significantly, Rae Bareilly, which is Sonia Gandhi's constituency, will also get a National Sports Academy. Sonia is expected to lay the foundation stone of the academy next month.
“The idea is to train our teaching staff in modern pedagogy, upgrade their teaching skills and expose them to different teaching experiences with the aim of bettering the overall teaching environment at Navodaya schools. The institutes will offer a range of courses to teachers, right from their induction stage up to refresher training and so on,” said an official from the Navodaya Vidyalaya Samiti.
The Rs 40-crore initiative will also see teachers, eminent educationists and experts as visiting faculty to the institutes.
The NVS already operates small training centres out of its Navodaya schools in Chandigarh, Goa and Rangareddy. These centres will now be moved to permanent set-ups at the seven identified sites.
The training institutes for teachers apart, the Navodaya schools are also headed for a technology upgrade. All 583 Navodaya schools will reportedly get broadband connectivity soon with HRD Minister Kapil Sibal — who also holds the Telecom portfolio now — approving internet connection for the schools.
HRD to clarify on RTE at Navodayas
The HRD Ministry will soon issue a “clarification” over the applicability of the Right to Education Act to Navodaya Vidyalayas. After a final meeting with the Law Ministry on the issue, the government has decided that the Navodaya schools will be exempt from both the neighbourhood as well as the screening clauses under the RTE. It was also decided that there was no need for an amendment to the RTE Act for the same, as a provision for issuing 'clarifications' exists in the Act.

Monday, January 17, 2011

Govt moots proposal to enhance educational standards

New Delhi, Jan 17 (PTI) Government today mooted a proposal for an "institutional framework" to strengthen Centre-state collaboration in raising educational standards under the RTE regime with the involvement of key education regulators. 

Such a framework would include educational bodies like NCERT, State Councils of Educational Research and Trainings (SCERT), CBSE, Council of Boards of School Education in India (COBSE) and National Council for Teacher Education (NCTE). 

The proposal was mooted by HRD Minister Kapil Sibal at the meeting of central and state education regulatory bodies with an aim to ensure "constant coordination, continuous flow of information and dialogues between them", said an HRD Ministry official. 

Sibal also said that the institutional mechanism between NCERT and SCERTs should also work towards developing question banks which could be used by states for their Teacher Eligibility Test. 

Source: PTI 

Same Subject but Different Views!!!!!!!!!!!

Tuesday, January 11, 2011

Two Navodaya schools in each district of the country: Rahul

Lucknow, Dec 23 : Congress youth icon and party's general secretary Rahul Gandhi is set to fulfil his late father Rajiv Gandhi's dream of seeing students from rural background excel in the field of their interest by providing them free education under the ambitious Navodaya Vidyalaya project.
With over a hundred students of Navodaya Vidyalayas already working as doctors and engineers, the plan is now to open at least two schools in every district of the country to impart quality education.

The idea of opening Navodaya Vidyalaya to provide free education from class six to intermediate level was mooted by the then Prime Minister Rajiv Gandhi, and after his death, his wife and Congress president Sonia Gandhi pursued the project.

For this purpose, the country had been divided into eight regions and 593 Navodaya Vidyalayas were opened, including 83 in Uttar Pradesh and Uttarakhand.

Now Rahul Gandhi with his passion to work for the uplift of rural India, has decided to open at least two more schools in every district so that talented rural children, who fail to rise due to lack of money and educational facilities, get a chance to pursue quality education, with the government bearing their entire expenses.

According to Navodaya Vidyalaya's newly-appointed vice-chairman Virendra Madan, they were taking up the matter with the state government to seek land for opening the new premises under the expansion plan.

He said with students of Navodaya Vidyalaya already excelling in different fields, the United Progressive Alliance(UPA) government had decided to open more colleges so that every district had two such institutions.

Mr Madan, who is also the UP Congress spokesperson, said they planned to bring students of all regions and different languages and cultures under one roof at Navodaya Vidyalaya so that they could inherit the diversified culture and promote unity and integrity in society.

Recently, he had held a meeting with All-India Navodaya Vidyalaya Staff Association leaders in Lucknow to hear their problems. The employees are demanding that CCS (Pension) Rules, 1972 be made applicable for them and prescribed working hours and special allowance.
--UNI

Child Care leave More Clarifications

Now following clarifications based on doubts raised from various quarters have been issued by DOPT.
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?
Ans: 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 be converted? In cases where the CCL spills over to the next year (for example 30 days CCL from 27thDecember), whether the Leave should be treated as one spell or two spells'?
Ans: 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 fulfilled for conversion of the Earned Leave into Child CareLeave. In cases where the leave spills over to the next year, it may be treated as one spell against the year in which the leave commences.
3. Whether those who have availcd 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?
Ans: No. As per the OM of even number dated 7.9.2010, Child Care Leave can not be granted in more than 3 spells. Hence CCL may not be allowed for more than 3 times irrespective of the number of day 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?
Ans: LTC cannot be availed during Child Care Lcave 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.