No. 18/2/2004-Estt.

Government of India Directorate of Printing New Delhi, the 20th October, 2004 To The Pay & Accounts Officer (Ptg.), Ministry of Urban Development, Jam Nagar House, New Delhi. Subject: Sir, I am directed to say that Smt. Baljeet Kaur, Assistant, had retired voluntarily w.e.f. 1.7.2004 (F.N.). She had made a request on 1.7.2004 on prescribed form for commutation of 40% of her Pension which was forwarded to the P&AO along with other pension papers and calculation sheet. However, the commutation of Pension was not authorised saying that this will be credited in her account later on. Smt. Baljeet Kaur has now vide her letter dated 18.10.2004, stated that the amount of commutation of pension has not been credited to her account so far and has requested for payment of the same at an early date. From the letter issued by the Central Pension Accounting Office on 18.8.2004, it is clear that the commutation of pension has not been authorised in her favour. A copy of her request dated 1.7.2004 on the prescribed form as also 18.10.2004 along with calculation sheet and other relevant papers/Service Book is again sent herewith with the request that necessary Authority may be issued for payment of commuted value of pension to Smt. Baljeet Kaur at an early date. Yours faithfully, (Darshan Lal) Deputy Director of Printing Copy for information forwarded to Smt. Baljeet Kaur, D-3/88, Sector 16, Rohini, Delhi-85. Payment of commuted value of Pension to Smt. Baljeet Kaur, PPO No. 427090401429.

Calculation of Commutation of Pension in respect of Smt. Baljeet Kaur, Assistant, retired volutarily on 1.7.2004 (F.N.) Amount of Pension fixed Vide PPO No.427090401429 Fraction of Pension to be commuted Amount of Pension to be commuted Rs. 2206/Age next Birthday: 61 years

= = =

Rs. 5517/40% 5517 x 40% =

Commutation value: 9.81 Total commuted value of Pension Residury Pension: 5517-2206 = = = 2206 x 12 x 9.81 Rs. 2,59,691/Rs. 3311/- p.m.

Most Immediate Audit Paras

Notes at pre-page may kindly be perused. We had requested the Ministry of Urban Development to post an Assistant in this Directorate in place of Smt. Baljeet Kaur, Assistant retired voluntarily w.e.f. 1.7.2004. In reply, the Ministry has stated that the sanctioned strength of Assistants in the Directorate of Printing is 27 only against which 29 Assistants are presently working after taking into account 5 UDCs promoted as Assistant on ad hoc basis. In this connection, it is submitted that 4 UDCs working in this Directorate have been promoted to the post of Assistant and not 5 as mentioned by the Ministry of Urban Development. Secondly, even after taking into account these newly promoted Assistants on ad hoc basis, the existing strength of Assistant is 27 only and not 29 as mentioned in the Ministrys note. However, the Ministry of Urban Development have not mentioned about the UDCs whose strength has correspondingly been reduced. As on date, there is a shortage of 8 UDCs in this Directorate. We may, therefore, if approved, request the Ministry of Urban Development to post 8 UDCs as the work of this Directorate is suffering badly. (Darshan Lal DD(Estt.) 20.10.04 DS(P-I)

Vide F.R., the Ministry of Urban Development have transferred Shri V.Ram Kumar, Deputy Director from this Directorate to the Ministry and posted to UD Desk. We may, if approved, relieve Shri V.Ram Kumar w.e.f. Monday, the 25 th October, 2004 (FN). A draft Office Order is also placed below for consideration.

(Darshan Lal) DD(Estt.) 20.10.04 DS(P-I) No.3/1/2002-Estt. Government of India Directorate of Printing B Wing, Nirman Bhawan ***** New Delhi, dated the 20th October, 2004 OFFICE ORDER In pursuance of the Ministry of Urban Developments Office Order No.A-32013/1/2003-Admn.I dated 20.10.2004, Shri V.Ram Kumar, Deputy Director (ad hoc) is relieved of his duties in this Directorate w.e.f. 25.10.2004 (FN) with the direction to report to the Ministry of Urban Development for his further posting in the UD Desk. (S.K.Vyawahare) Deputy Secretary Copy to:1. 2. 3. 4. 5. 6. 7. 8. The Pay & Accounts Officer(Ptg.), Ministry of Urban Development, Jam Nagar House, New Delhi. Shri V.Ram Kumar, Deputy Director. Shri Shaleen Kabra, Deputy Secretary, Ministry of Urban Development, New Delhi. Director (UD), Ministry of Urban Development, New Delhi. PS to JS (UD), Ministry of Urban Development, New Delhi. All Officers & Sections in the Directorate of Printing. Pay Bill Cell/Personal File/Service Book/Office Order File. Hindi Section for Hindi version. (S.K.Vyawahare) Deputy Secretary Spoken to DS (P-I). Since in the revised set up after modernization, the Section Holders working in GIP, Coimbatore will not be rendered surplus and hence, their representationists are not eligible for grant of special

VRS. We may write to the Manager to inform the applicants accordingly as per draft put up for approval please. (K.S.Parmeswaran) Asstt. Director (A-I) DS(P-I)

No.C-34/Estt.(Vol.II) Government of India Directorate of Printing B Wing, Nirman Bhawan ***** New Delhi, dated the 25th October, 2004 To Shri R.N.Bhardwaj Advocate, Lawyers Chamber No.275, Eastern Wing (Civil Side), Tis Hazari Court, Delhi-110054. Sub:- Recovery of Co-operative dues from the salary of Shri Chander Bhan. ----Dear Sir, Please refer to your letter dated 30.9.2004 on the subject cited above. In this connection, your attention is invited to this Directorates letter of even number dated 17.10.03 addressed to the Manager, Delhi Nagarik Sahkari Bank Ltd., New Delhi, vide which it was clarified that there has been no DDO named Shri Ram Singh in this Directorate at any time and therefore, the Salary Certificate dated 3.9.01 stated to have been issued by this Directorate, was a fake one. A copy of the letter under reference is enclosed. It is reiterated that the take home salary of Shri Chander Bhan is already minimum after deducting government recoveries and therefore, no further recovery can be made to refund the loan taken by him from the Delhi Nakgri Sahkari Bank Limited. However, Shri Chander Bhan has been advised to refund as much amount as possible (Rs. 1500/-) to the Bank every month. Yours faithfully, (Darshan Lal) Deputy Director of Printing Copy for information to : The Manager, Delhi Nagrik Sahkari Bank Ltd., 732-733, Ganpati House, Gali No.23, Faiz Road, Karol Bagh, New Delhi-110005 (Darshan Lal) Deputy Director of Printing

No.35/3/2002-Estt. Government of India Directorate of Printing B Wing, Nirman Bhawan **** New Delhi, dated the 25th October, 2004 To Shri Sudershan S.Balouria, Section Officer, NIC Purchase(Paid) Project, 4th Floor, National Informatics Centre, A-Block, C.G.O.Complex, New Delhi-110003. Sub:- Additional cabling in 10 rooms for Internet Connectivity in the Directorate of Printing. ---Sir, I am directed to refer to the letter dated 6.9.2004 from Shri Ravi Kant, Technical Director, NIC on the subject cited above and to forward herewith a Cheque No. 087171 dated 21.10.2004 for Rs.77,330/- (Rupees Seventy Seven Thousand Three Hundred Thirty only) drawn on the Reserve Bank of India on account of estimated cost of this job. You are requested to please undertake the job immediately. Yours faithfully, Encl: As above. (Darshan Lal) Deputy Director of Printing Copy to:- Shri Ravi Kant, Director(Technical), NIC, Room No.336B, A Wing, Nirman Bhawan, New Delhi. (Darshan Lal) Deputy Director of Printing

No.18/3/2004-Estt. Government of India Directorate of Printing B Wing, Nirman Bhawan **** New Delhi, dated the 26th October, 2004 OFFICE MEMORANDUM Sub:- Verification of qualifying service in respect of Smt. Gita Vaswani, Grade C Stenographer. ----The undersigned is directed to say that Smt. Gita Vaswani, while working as Grade D Stenographer in the erstwhile Ministry of Works & Housing, had taken one days Extraordinary Leave for 24.2.1973. An entry in this regard has been made in her Service Book at page 7, Volume I. However, there is no mention as to whether this E.O.L. was with or without medical certificate as the period of E.O.L. without medical certificate is not counted as qualifying service for the purpose of pensionary benefits. It may, therefore, be clarified after verifying the relevant records as to whether this period of E.O.L. was with medical certificate or without medical certificate. Her Service Book is also enclosed herewith.

(Darshan Lal) Deputy Director of Printing To The Section Officer Admn. IV Section, Ministry of Urban Development, Nirman Bhawan, New Delhi.

File No.35/6/2004-Estt. Directorate of Printing (Estt. Section) **** The C.R. Section has been requesting for some time past, for purchase and supply of an Electronic Weighing Scale for weighing the envelopes to be sent out by post for the purpose of affixing postage stamps of appropriate denomination. The Weighing Scale now being used is very old and manual which does not give accurate weight. As a result, sometimes the postage stamps affixed on a particular envelope become short because of wrong weighing and at some other times it becomes surplus when weighed by the Post Office staff. Random quotations have been obtained from the following 4(four) firms for the purchase of an Electronic Weighing Scale:1. 2. 3. 4. M/s Atlas Weighing Equipments, Delhi. M/s Triputi Traders, Faridabad. M/s Advance Trading Company, Faridabad. M/s Ashoka Scales Pvt. Ltd., Faridabad.

A comparative statement of rates and terms & conditions offered by these firms may be seen at flag A. As may be seen, the rates offered by M/s Alas Weighing Equipments, Delhi are the lowest. Further, during a telephonic conversation, the firm has also agreed to accept the full payment after supply of the machine and producing the Bill and therefore, we will not be required to make any advance payment. If approved, we may purchase an Electronic Weighing Scale (Make TOYO, Model TT 15) from M/s Atlas Weighing Equipments, Delhi at a cost of Rs. 7200/- + Sales Tax. Approval of Addl. Director (Admn.), in his capacity as Head of Department, is solicited in this case. (Darshan Lal) DD(Estt.) 29.10.04 DS(P-I)

A comparative statement of the Rates and other Terms & Conditions regarding purchase of an Electronic Weighing Scale Sl. Name of the Firm No. 1 M/s Atlas Weighing Equipments, Delhi Price of Scale Rs.7000/Stamping charges Rs.200/Sales Warrantee Payment Tax Period Terms 10% 1 Year 50% advance with P.O. & balance against delivery. 100% advance along with P.O. 50% advance alongwith P.O. & balance against delivery. 80% advance alongwith order balance against delivery.

M/s Triputi Rs.13600/ Rs.500/Traders, Faridabad

As 1 Year appli cable As 1 Year appli cable

M/s Advance Trading Co., Faridabad

Rs.9400/-

Rs.500/-

M/s Ashoka Scales Rs.7500/Pvt. Ltd., Faridabad

As actual

10%

1 Year

Most Immediate By Speed Post/Fax No.8/4/2003-A-III Government of India Directorate of Printing B Wing, Nirman Bhawan ******* New Delhi, dated the 1st November, 2004 To Shri M.M.Naskar, Manager, Govt. of India Press, Santragachi, Howrah. Sub:- C.P.C. No.103/2004 (Arising out of OA No.833 of 2002) filed by Surjomani Devi versus UOI & others in CAT, Kolkata Bench. ----Sir, I am directed to refer to the telephonic conversation held by the Addl. Director (Admn.), Directorate of Printing, with you today morning i.e. 1.11.2004 advising you to release the family pension of Smt. Surjomani Devi and to request you to please take immediate action to release the family pension to Smt. Surjomani Devi by 2nd November, 2004 positively, in pursuance of the Order of the CAT dated 20.1.2004, Directorate of Printings O.M. dated 3.3.2004 and other communications ending with O.M. dated 20.10.2004 and to report compliance to this Directorate immediately on phone and in writing. Adjustment of government dues, if any, on account of licence fee/damages of government quarter or otherwise, can be made from the DCRG. Simultaneously, action be also taken to defend the case in the Court and reply be filed before the due date in the Court on behalf of all the respondents, indicating action taken to settle the pensionary benefits and how outstanding dues are proposed to be realized as per Rules. Yours faithfully,

(Darshan Lal) Deputy Director of Printing

-36

This case relates to compassionate appointment of Shri Vivek Srivastava consequent upon the death of his father Shri A.S.Srivastava, Foreman, on 17.3.1991. The Central Administrative Tribunal, Principal Bench, New Delhi, in its Judgement dated 28.9.2004 have ordered to consider the applicants claim for appointment on compassionate ground in any next available post of LDC/Copy Holder/Key Board Operator/Photo Type- setter in the quota for compassionate appointment. While giving these orders, the Court has observed that it has not been denied on behalf of the respondent that the criterion for allocating seniority in the eligibility list of candidates for appointment on compassionate ground is the date of death of the deceased employee. It has also not been disputed on behalf of the respondent that while applicants father died on 13.7.1091, that of Shri Suresh Kumar died on 16.5.1991 and husband of Smt. Santosh died much later on 30.9.1999. The records produced by the respondent do not reveal the reason for exclusion of applicants name in the list prepared in 1993. These records also do not reveal why applicants seniority on the basis of the date of death of his father was not considered for allocating a seniority to him in the eligibility list. It is also not revealed why applicant was listed in the category of LDC/Copy Holder only and not in the category of Photo Typesetter/Key Board Operator. The applicant has certainly been discriminated against in the sense that his juniors i.e. Shri Suresh Kumar and Smt. Santosh were appointed on compassionate grounds and applicants case has been rejected as not deserving despite Tribunals earlier directions dated 27.8.1993. In this connection, it is submitted that in a bunch of applicants, Murari Lal & Others versus Union of India & Others ( OA No. 2753/90), the Central Administrative Tribunal had directed on 4.2.1992 that a viable scheme should be prepared by the respondent on all India basis to give relief in such cases to the deserving persons. It was also ordered that while preparing the scheme, the respondent should provide for giving priority to more deserving cases than the others having regard to the size of the family, the circumstances in which the government servant died, the level of the post which he had held and similar other relevant factors. Accordingly, a list of deserving cases was prepared in January, 1993. Subsequently, in October, 1993, the Directorate of Printing prepared a list category-wise by rearranging the applications already enlisted in consolidated list filed in the CAT in January, 1993. This rearrangement was done on the basis of financial status of the applicant, number of dependents of the deceased government servant, liability of the family etc.

-37From pre-page:With a view to adopting a uniform policy in respect of all the cases of compassionate appointments, it was subsequently decided with the approval of Honble Minister of Urban Development that the priority of the dependent family members for compassionate appointment may be counted from the date of death of government servant as it was felt that maintaining of list on the basis of financial status of the family, number of dependents, liabilities etc. was discriminatory and open to criticism. Accordingly, the waiting list was again revised in 1997 according to the seniority given from the date of death of government servant. Shri A.S.Srivastava, the father of Shri Vivek Srivastava, Foreman died on 17.3.1991. The name of Shri Vivek Srivastava was initially considered for the post of LDC and accordingly, his name was included in the waiting list prepared for that category. However, subsequently, his name was also considered for the post of Copy Holder and included in this list in 1996, with the interpolation of name of Shri Vivek Srivastava in the list of Copy Holder, the name of Shri Suresh Kumar, whose father had died later than the father of Shri Vivek Srivastava, came down in the waiting list. Aggrieved with this action of the Directorate of Printing, Shri Suresh Kumar filed an application in the CAT in 1998 ( OA No. 2476/98). The CAT in its Judgement dated 21.7.2000 held that interpolation of certain names in the list prepared in 1993 was contrary to the Tribunals orders and observations dated 26.2.1993 and 16.4.1993. Accordingly, the application filed by Shri Suresh Kumar was allowed by the Court and this Directorate was directed to make the appointments on compassionate ground strictly in accordance with the waiting list prepared by them in 1993, in pursuance of the aforesaid orders of the Tribunal. This order of the CAT was also upheld by the High Court in its Judgement dated 5.7.2001. Accordingly, Shri Suresh Kumar was appointed to the post of Copy Holder on occurring of a vacancy in that grade ignoring the claim of Shri Vivek Srivastava as his name did not figure in the list of 1993 and was interpolated in that list only in 1996. From the position explained above, it will be seen that there are the following lacunae in the orders passed by the CAT, Principal Bench, New Delhi in the case of Shri Vivek Srivastava on 28.9.2004:(i) (ii) This Order of the CAT dated 28.9.2004 is violative of its own earlier Order dated 21.7.2000 given in the case of Shri Suresh Kumar. A person can be considered for the compassionate appointment for the trade for which his name is included in the waiting list. The name of Shri Vivek Srivastava was initially

included in the waiting list of LDC and subsequently for Copy Holder also. His name cannot be considered for appointment to any other post such -38From pre-page:as Key Board Operator, Photo Typesetter etc. as has been ordered by the CAT. The name of Smt. Santosh was included in the waiting list prepared for the post of Key Board Operator and as nobody was waiting for this post, she was given appointment as soon as a post of Key Board Operator under the compassionate appointment quota became available. This post could not be offered to Shri Vivek Srivastava as his candidature was not considered for that post. There are 3 other persons senior to Shri Vivek Srivastava waiting for the compassionate appointment to the post of Copy Holder, and if Shri Vivek Srivastava is appointed on the basis of this Judgement of the CAT, those 3 persons senior to him, may also file petition in the Court.

(iii)

(iv)

In view of the above, this seems to be a fit case where we should file an appeal in the High Court. Shri R.N.Singh, the Central Govt. Counsel in his letter dated 14.10.2004 has also stated that he is of the considered view that the order/judgement under reference is fit to be challenged before the Honble High Court of Delhi under Article 226 of the Constitution of India. If approved, we may refer this file to the Ministry of Law through Ministry of Urban Development for their advice in this matter. (Darshan Lal) Deputy Director 02.11.04 DS(P-II)

-18Reference DS(P-I)s remarks at pre-page. I tried to contact M/s Shah Refrigeration over telephone printed on their letter head. However, this telephone was found functioning in some residence in East of Kailash and there was no office bearer of M/s Shah Refrigeration available on that number. Thereafter, a letter was sent through special messenger at the given address at 159, Kailash Hills, New Delhi, requesting the Company to intimate by 1st November, 2004 as to whether they were willing to reduce the maintenance rates of Heater to Rs.40/- per Heater and that of Oil Radiator to Rs.200/- each. The letter was sent through the dealing hand of this seat, who informed on Monday morning that this address given on the letter head was of a private Kothi and the letter was received by one lady named Smt. Amita Chadha. While putting her signature, she also indicated her telephone number. In a telephonic conversation held with her, she informed that the firm named M/s Shah Refrigeration was not operating from this address or from this telephone number. She, however, informed that their letters are received at this address which are subsequently collected by the Company. She also informed that a bundle of envelopes including the one delivered by this Directorate, was lying there and nobody has come to collect this envelope from the Company for the last many days. She also did not know where this Company was operating from or what was their telephone number. It will be seen from the above that this Company has no standing and it may not be advisable to award Maintenance Contract of Electric Appliances to this Company. In this connection, it is reiterated that M/s Lakshay Refrigeration & Air-Conditioning Engineers, New Delhi has already given in writing vide their letter dated 7.10.2004 that they were willing to undertake this work on the same rates, terms & conditions as of last year. Their request was, however, not agreed to and fresh quotations were called to which they have now given higher rates. However, the rates at which the Company was maintaining the electric appliances of this Directorate last year, are still the lowest of all the quotations now received. If approved, we may inquire from M/s Lakshay Refrigeration & Air-Conditioning Engineers as to whether they are still willing to undertake the job at the rates of last year in respect of Heaters, Hot Case and Heat Convector and at Rs.200/- for the Oil Heat Radiator which they have quoted in the present quotation.

(Darshan Lal) DD(Estt.) 02.11.2004 DS(P-I) -5Reference PS(P) Divisions remarks at pre-page. The position regarding vacant posts in the Directorate of Printing (Headquarters) as well as in the Govt. of India Presses is reproduced below:Headquarters Office: Group Name of Post Cadre (CSS, No. of Non vacant CSS/Central post Staffing Non CSS 1 Date from which vacant 1.7.2003 Action taken to fill up the post

Director of Printing Joint Director Assistant Director

Action to fill up these posts is already being taken.

Non CSS CSS

1 5 1

1.7.2004 25.3.2004 The cadre controlling 11.9.2004 authority is the Ministry of Urban Development who has been informed from time to time. One post of AD has since been filled up and one more is under posting. 5.4.2004 A proposal to fill up this post was sent to Ministry of Finance, who have not agreed for filling up of the same. Ministry of UD is the Controlling Authority who has been informed of the position from time to

Junior Analyst

Ex-Cadre

UDC

CSS

1 1 1 4 1

1.2.2003 1.7.2003 22.10.200 25.3.2004 1.9.2004

time LDC D Peon CSS Non CSS 1 1 Before 2002 -do-

29.1.2004 A proposal to fill up this post has been separately submitted to the Ministry of UD for consideration by the Screening Committee.

The filling up of the above posts is absolutely essential for efficient functioning of the Directorate of Printing, who is the Controlling Authority for a number of Govt. of India Presses with more than 6000 employees. In the absence of the incumbents of these posts, the work of this Directorate is suffering badly. As regards the Govt. of India Presses, 1777 posts of Groups A,B,C&D Cadres are lying vacant as on 1.9.2004. The Cabinet in its meeting held on 16.8.2002 had decided to modernize the Govt. of India Presses and to close certain Presses while certain other Presses were ordered to be merged or transferred to other State Governments. It was also agreed in principle to retain a total number of 6335 posts in all the Govt. of India Presses. This figure was also subsequently agreed to by the Ministry of Finance. However, the Government has decided to review the decision dated 16.8.2002 regarding closure of certain Presses and a revised Cabinet Note is accordingly under consideration. Therefore, the present vacancies in the Presses may not be required to be brought under the present review unless a final decision on the Cabinet Note stated above is taken. (Darshan Lal) DD(Estt.) 03.11.2004 DS(P-I)

F.

The contention of the applicant in Para 4.14 and Para 5.1 of the M.A. with Para 4 & 5 of the letter of the Directorate of Printing dated.10.7.2003 were contradictory and that the appointment has been rejected on the false ground of non availability of vacancies, whereas in Para 4 of the said Order, it has been stated that there are 39 posts of Offset Machine Attendant, is not correct. In fact, it was clearly mentioned in the Directorate of Printings order dated 10.7.2003 that 39 posts of Offset Machine Attendant allocated to GIP, Faridabad in a modernized set up was only provisional and subject to approval of the competent authority. The approval of the competent authority has not yet been received in this regard. At present, there are only 24 posts of Offset Machine Attendant at Faridabad and Shri Pankaj Sharma, son of Smt. Sushma Rani, will be appointed against the Compassionate Appointment Quota fallen vacant out of these 24 posts. It was also made clear in the above order that as per Recruitment Rules, the post of Offset Machine Attendant can be filled up (a) 100% by absorption failing which, - (b) 50% by promotion failing which by deputation, - (c) 50% by direct recruitment failing which by promotion.

Vide F.R., the Manager, Govt. of India Press, Faridabad has forwarded a copy of Counter Reply to be filed in M.A.No.1709/2004 filed by Smt. Sushma Rani for appointment of her son Shri Pankaj Sharma on compassionate ground, for approval of the competent authority before filing in the CAT. In Para 4.14 of the M.A., Smt. Sushma Rani has stated that in the Order dated 10.7.2003, the respondents have taken contradictory stand as in Para 4, they have stated that there is requirement of more than 39 posts of Offset Machine Attendant, whereas in subsequent Para 5, it has been stated that the applicant No. 2 would be given appointment on Compassionate Ground quota. In this connection, the Manager, GIP, Faridabad was advised vide O.M. dated 14.9.2004 to file a counter reply stating, interalia, that the strength of 39 posts of Offset Machine Attendant was only provisional subject to approval of the competent authority and that these posts have not yet been sanctioned/created. At present, there are only 24 posts of Offset Machine Attendant at Faridabad and Shri Pankaj Sharma can be appointed against the Compassionate Appointment quota falling vacant out of 24 posts. However, this was not incorporated in the Counter Reply sent by the Manager. This has now been added as Sub-Para F to Para 6 of the Counter Reply, which may be seen at page 157/c. With this addition, the Counter Reply is in order and may kindly be approved. (Darshan Lal) Deputy Director 04.11.2004 DS(P-II)

-45Reference note at pre-page. Vide Order dated 24.11.2004, Shri L.K. Roy Chowdhury, Accountant was transferred from GIP, Santragachi to GIP, Temple Street, Kolkata and Shri P.K.Ghatak from GIP, Temple Street, Kolkata to Department of Publication, New Delhi. The Manager, GIP, Temple Street, Kolkata has now, vide F.R., forwarded a representation of Shri P.K.Ghatak against his transfer from Kolkata to New Delhi. In his representation, Shri Ghatak has stated that he has been living in Kolkata with his parentsfather of 85 years and mother of 72 years old. His father having a serious Cerebral attack, becomes confined to bad and his mother is afflicted with several ailments including Gall Bladder stone and she was hospitalized a few months back. It often happens that when his father is in hospital, the mother is on bad at home. He has further stated that he is a bachelor one and the only member to look after his ailing parents who are absolutely helpless and without his presence at Kolkata, their span of life may even come to an end. In view of this, he has requested to allow him to continue at TS, Kolkata by cancelling his transfer order. He has also enclosed medical documents of his parents in support of his representation. Keeping in view the difficulties explained by Shri Ghatak, the file is submitted for further orders. A list of Accountants posted in Govt. of India Presses and GISO at Kolkata, alongwith the period of their stay at that Station, is placed at flag A and a list of showing sanctioned strength of Accountants in various Govt. of India Presses throughout India at flag B. (Darshan Lal) Deputy Director 10.12.2004 DS(P-II)

-4-

Notes from page 1/ante may kindly be perused. This case relates to grant of In-situ promotion to Shri Hirendra Nath Purkait, Ex-Stereo Typer of Govt. of India Press, Temple Street, Kolkata. The facts of the case are given in the following paragraphs:Shri Hirendra Nath Purkait was appointed as Stereo Typer w.e.f.19.2.1957 against Direct Recruit Quota and his pay was fixed at the minimum of the scale i.e. Rs.50/- only. However, as per the revised Recruitment Rules, 1974, he was adjusted against the Promotion Quota. Shri Purkait reached the maximum of the scale of the post of Stereo Typer i.e. Rs.1500/- in the scale of Rs.950 1500 w.e.f. 1.1.1991. He was also allowed stagnation increment w.e.f. 1.1.1993 and 1.1.1995. He retired as Stereo Typer w.e.f. 30.11.1996 after attaining the age of superannuation of 60 years. Shri Purkait had requested for In-situ promotion vide his letter dated 4.2.1994 followed by various reminders addressed to Govt. of India Press, Kolkata as well as to Directorate of Printing. However, his request was rejected by GIP, Kolkata vide their letter dated 26.4.1994 and by Dte. of Printing vide letter dated 10.10.1995 on the ground that he was adjusted against Promotion Quota and thus, he was not eligible for In-situ promotion. Shri Hirendra Nath Purkait has now filed an application in the Central Administrative Tribunal, Kolkata Bench praying for grant of In-situ promotion to him from the date his junior Shri Brojender Nath Haldar was allowed In-situ promotion. To defend this case, the Govt. Counsel has requested for a copy of Govt. orders under which an employee appointed against Direct Recruit Quota and subsequently adjusted against Promotion Quota is not eligible for Insitu Promotion. From the perusal of the record, it is seen that Shri Hirendra Nath Purkait was initially appointed as Stereo Typer against Direct Recruit Quota w.e.f. 19.2.1957. However, in the revised Recruitment Rules, 1974, there was a provision for 50% post of Stereo Typer to be filled up by Promotion and 50% by Direct Recruitment. As there were only 2 Stereo Typers in position at that time - one Shri Hirendra Nath Purkait and the other Shri Brojinder Nath Haldar, one of them i.e. Shri Brojinder Nath Haldar was adjusted against Direct Recruit Quota and the other Shri Hirendra Nath Purkait against Promotion Quota. This action of GIP, Kolkata was not in order, as, with the revision of the Recruitment Rules, the status of existing employees does not change. Even otherwise the fact remains that Shri Purkait was initially appointed as Stereo Typer w.e.f.19.2.1957 and retired from this post on 30.11.1996 without getting even a single promotion during his service career. On the other hand, Shri Brojender Nath Haldar, who was appointed as Stereo Typer w.e.f. 21.5.1957 and was junior to Shri Hirendra Nath Purkait, got In-situ promotion w.e.f.1.4.1991 simply on the ground that he was adjusted against Direct Recruitment Quota after revision of Recruitment Rules in 1974.

-5The Deptt. of Expenditures orders on the subject provide that:(i) Employees (including industrial workers but excluding re-employed pensioners ) directly recruited to Groups C & D posts at the minimum of the scale and not promoted even after one year of their reaching the maximum of the pay scale, will be considered for Insitu promotion on seniority-cum-fitness basis to the next higher scale available in the normal line/hierarchy upto Group C level; A promotee can also be considered for In-situ promotion from the date his junior, a direct recruitee, is eligible though he would have got the benefit of promotion once; and A person directly recruited to a post at the minimum of the scale and appointed/transferred to another post in the same scale of pay, will be considered after one year of his reaching the maximum provided all his seniors have been promoted.

(ii)

(iii)

When we examine the case of Shri Hirendra Nath Purkait in the light of the above orders, we will find that even if he was adjusted against promotion quota (which was not in order), he was eligible for In-situ promotion w.e.f.1.1.1992 i.e. after stagnating for one year at the maximum of the scale or from the date his junior was allowed In-situ promotion, whichever was later. Under the present circumstances, we will not be able to defend this case in the CAT as we cannot provide a copy of the order demanded by the Government Counsel. It is also submitted that in his comments dated 6.10.2000, the Manager, GIP, Temple Street, Kolkata has categorically admitted that Shri Hirendra Nath Purkait, Ex-Stereo Typer fulfilled the eligibility criteria for getting In-situ promotion in terms of the Ministry of Finance O.M. dated 13.9.1991. However, these comments were not taken cognizence in this Directorate and a regret reply was sent vide O.M. dated 18.6.2002 on the ground that this case had already been rejected vide O.M. dated 10.10.1995 and that there was no fresh ground for re-consideration of the same. In view of the position explained above, it is submitted for orders as to whether we may advise GIP, Temple Street, Kolkata to allow In-situ promotion to Shri Hirendra Nath Purkait w.e.f. 1.1.1992 with all consequential benefits and to inform the Court accordingly.

(Darshan Lal) Deputy Director 13.12.04 DS(P-I)

-8Notes at pre-page. In this case, the Delhi High Court has ordered to the Directorate of Printing to re-consider the case of Shri Jaswant Singh Negi for compassionate appointment after the death of his father late Shri Chander Singh Negi. As desired by DS(P-I) during discussion, the observations of the High Court leading to the above orders are as follows:(i) The grant or denial of compassionate appointment in the present case is governed by respondents O.M. dated 30.6.1987. Under this, a son or a daughter or a near relative of a Government servant who dies in harness and leaves his family in immediate need of assistance becomes entitled to compassionate appointment when thee is no other earning member in the family. In exceptional cases, this benefit can also be extended to a son or a daughter or a near relative of a Government servant who has retired on medical grounds before attaining the age of superannuation where the department is satisfied that the condition of the family is indigent and in great distress. Clause 6 of this OM also provides for relaxation of recruitment procedure in respect of age limit, educational qualification, etc. and also permits even belated requests for compassionate appointment to be made in certain circumstances. Sub clause (d) of Clause 9 also provides that while assessing the financial position of the family, the benefits received by it under various schemes introduced by the Government from time to time may also be kept in view. These include Central Government Employees Insurance Scheme, benefit of encashment of leave to the credit of the deceased at the time of his death, improved family pension and assistance from Compassionate Fund. It must be pointed out at the very outset that Respondents OM laying down principles for compassionate appointment nowhere provides that a claimant must be a

dependent of the deceased employee. All it says is that the claimant must be a son, a daughter, or a near relative of the deceased Government servant for being eligible to seek the appointment. It is not disputed that petitioner was the son of the deceased and, therefore could not have been held ineligible for being 27 years old and not a dependent because of his age. Even assuming that claimant had to be a dependent, even so his status could not be determined on the basis of his age. One could be of 27 years of age and married and yet dependent. There is also no age bar prescribed under the OM in this regard. It only provides for relaxation of the age limit which is otherwise applicable for recruitment in the Government service. -9From pre-page:(ii) It would be instructive to note that respondents OM does not create a bar to the appointment where the family of claimant had received terminal benefits of the deceased employee which he would have otherwise received. It only provides for keeping the benefits under various schemes in view while considering the case of compassionate appointment which does not necessarily entail its rejection. There may be cases which may involve a one time lump sum payment to the family and yet expose it to hardship after this amount is exhausted. There can be cases where some benefits due to the deceased are received on his death but yet the family would remain in bad financial condition to deserve a compassionate appointment. The rationale behind compassionate appointment is to be kept in view and if it is to replace the deceased bread earner, the terminal benefits received by the family should not operate as a bar. In the present case, there are several representations by petitioner and his mother on record claiming that the amount received by the family was spent on the marriage of the deceased employees daughter. It is not known whether this aspect was considered by the Compassionate Committee of respondents and whether it was given any due consideration while assessing the familys financial position. The case is resubmitted for review by the Compassionate Appointment Committee(CAC).

(iii)

(Darshan Lal) Deputy Director 15.12.04 DS(P-I)

-2-

Diary No. 2116/Estt./2007 Government of India Directorate of Printing New Delhi, the 13th June, 2007 OFFICE MEMORANDUM Subject:- Independence Day Flag Hoisting ceremony at Red Fort on 15th August, 2007issue of invitations. The undersigned is directed to refer to Ministry of Urban Development O.M. No. A-46020/133/2007-Coord dated 29-5-2007 on the subject mentioned above and to forward herewith requisite information as per enclosed proforma in both Hindi and English(5 copies each and floppy of the same) in respect of Directorate of Printing for compiling and onward transmission to Ministry of Defence. Encl. As above (ROOP LAL) Asstt. Director(Estt.)

To The Section Officer, Coord Section, Ministry of Urban Development, Nirman Bhawan, New Delhi.

Subject: Sir,

Payment of commuted value of Pension to Smt. Baljeet Kaur, PPO No. 427090401429.

I am directed to say that Smt. Baljeet Kaur, Assistant, had retired voluntarily w.e.f. 1.7.2004 (F.N.). She had made a request on 1.7.2004 on prescribed form for commutation of 40% of her Pension which was forwarded to the P&AO along with other pension papers and calculation sheet. However, the commutation of Pension was not authorised saying that this will be credited in her account later on. Smt. Baljeet Kaur has now vide her letter dated 18.10.2004, stated that the amount of commutation of pension has not been credited to her account so far and has requested for payment of the same at an early date. From the letter issued by the Central Pension Accounting Office on 18.8.2004, it is clear that the commutation of pension has not been authorised in her favour. A copy of her request dated 1.7.2004 on the prescribed form as also 18.10.2004 along with calculation sheet and other relevant papers/Service Book is again sent herewith with the request that necessary Authority may be issued for payment of commuted value of pension to Smt. Baljeet Kaur at an early date. Yours faithfully, (Darshan Lal) Deputy Director of Printing Copy for information forwarded to Smt. Baljeet Kaur, D-3/88, Sector 16, Rohini, Delhi-85.