Non compliance of dopt office memorandum
subhash chandra
(Querist) 30 March 2014
This query is : Resolved
Sir
I have requested for posting at Jaipur
accordingly DOPT O.M. but my department has refused to implement it. Application & O.M.
attached. Please guide me what wold me next step so Department follow it.
To,
The Director General of Meteorology
India Meteorological Department
Mausam Bhawan Loadi Road
New Delhi -11003
Subject:- Request for Posting at Jaipur as AM-II
(Reference: - O.M. F.NO. 28034/9/2009-Estt. (A) Govt. of India Ministry of personnel, Public Grievances & pensions ( DOP &T ) North Block, New Delhi. Dated 30th Sept. 2009. Subject: - Posting of husband & wife at the same station.)
Sir,
With reference to the office order cited above subject, I have been promoted to the post of AM-II and posted at DGM'S office, New Delhi.
In this connection I am to state that my wife is working in Rajasthan Govt. in Education Department as a teacher and posted near Sanganer Jaipur (Govt.Upper Primary School,Thala.) Posting certificate enclosed as Annexure -I.
My teenaged children are studying at Jaipur and needs my patronage; therefore my posting at Jaipur may kindly be considered sympathetically.
Furthermore, DOPT O.M. F.NO.28034/9/2009 Esst. (A)dated 30th Sept. 2009. Para 4 section(vii) which envisage that-
4(vii) Where one spouse is employed under Central Govt. and other spouse is enployed under the state Govt.:-
"The spouse employed under the Central Govt. may apply to the competent authority and the competent authority may post the said officer to the station OR if there is no post in the station to the state where the other spouse is posted." Enclosed as Annexure- II.
Under the above provision your requested kindly consider my case of posting at Jaipur.
Thanking you.
Yours Faithfully.
Date:-
(Subhash Chandra)
(SA)
MC Jaipur (Rajasthan)
Annexure: As Stated
Annexure- II
Posting of husband and wife – Same station – DOPT Order
F.NO.28034/9/2009-Estt.(A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi, Dated the 30th Sept2009.
OFFICE MEMORANDUM
Subject: Posting of husband and wife at the same station
In view of the utmost importance attached to the enhancement of women’s status in all walks of life and to enable them to lead a normal family life as also to ensure the education and welfare of the children, guidelines were issued by DOP&T in O.M No. 28034/7/86-Estt.(A) dated 3.4.86 and No.28034/2/97-Estt.(A) dated 12.6.97 for posting of husband and wife who are in Government service, at the same station. Department had on 23.8.2004 issued instructions to all Mins. / Deptts. to follow the above guidelines in letter and spirit.
2. In the context of the need to make concerted efforts to increase representation of women in Central Government jobs, these guidelines have been reviewed to see whether the instructions could be made mandatory. It has been decided that when both spouses are in same Central Service or working in same Deptt. and if posts are available, they may mandatorily be posted at the same station. It is also necessary to make the provisions at Paras 3(iv) and (vi) of the O.M. dated 3.4.86 stronger as it is not always necessary that the service to which the spouse with longer service belongs has adequate number of posts and posting to the nearest station by either of the Department may become necessary.
3. On the basis of the 6th CPC Report, Govt. servants have already been allowed the facility of Child Care Leave which is admissible till the children attain 18 years of age. On similar lines, provisions of O.M. dated 12.6.97 have been amended.
4. The consolidated guidelines will now be as follows:
(i) Where the spouses belong to the same All India Service or two of the All India Services, namely lAS, IPS and Indian Forest Service (Group ‘A’);
The spouse may be transferred to the same cadre by providing for a cadre transfer of one spouse to the Cadre of the other spouse, on the request of the member of service subject to the member of service not being posted under this process to his/her home cadre. Postings within the Cadre will, of course, fall within the purview of the State Govt.
(ii) Where one spouse belongs to one of the All India Services and the other spouse belongs’ to one of the Central Services:-
The cadre controlling authority of the Central Service may post the officer to the station or if there is no post in that station, to the State where the other spouse belonging to the All India service is posted.
(iii) Where the spouses belong to the same Central Service:
The Cadre controlling authority may post the spouses to the same station.
(iv) Where the spouse belongs to one Central Service and the other spouse belongs to another Central Service:-
The spouse with the longer service at a station may apply to his/her appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station to the nearest station where the post exists. In case that authority, after consideration of the request, is not in a position to accede to the request, on the basis of non-availability of vacant post, the spouse with lesser service may apply to the appropriate cadre authority accordingly, and that authority will consider such requests for posting the said officer to the station or if there is no post in that station to the nearest station where the post exists.
(v) Where one spouse belongs to an All India Service and the other spouse belongs to a Public Sector Undertaking:
The spouse employed under the Public Sector Undertaking may apply to the competent authority and said authority may post the said officer to the station, or if there is no post under the PSU in that station, to the State where the other spouse is posted.
(vi) Where one spouse belongs to a Central Service and the other spouse belongs to a PSU:-
The spouse employed under the PSU ‘may apply to the competent authority and the said authority may post the officer to the station or if there is no post under the PSU in that station, to the station nearest to the station where the other spouse is posted. If, however, the request cannot be granted because the PSU has no post in the said station, then the spouse belonging to the Central Service may apply to the appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station, to the station nearest to the station where the spouse employed under PSU is posted.
(vii) Where one spouse is employed under the Central Govt. and the other spouse is employed under the state Govt.:-
The spouse employed under the Central Govt. may apply to the competent authority and the competent authority may post the said officer to the station or if there is no post in that station to the State where the other spouse is posted.
(viii) ”The husband & wife, if working in the same Department and if the required level of post is available, should invariably be posted together in order to enable them to lead a normal family life and look after the welfare of their children especially till the children attain 18 years of age. This will not apply on appointment under the central Staffing Scheme. Where only wife is a Govt. servant, the above concessions would be applicable to the Govt. servant.
5. Complaints are sometimes received that even if posts are available in the station of posting of the spouse, the administrative authorities do not accommodate the employees citing administrative reasons. In all such cases, the cadre controlling authority should strive to post the employee at the station of the spouse and in case of inability to do so, specific reasons, therefor, may be communicated to the employee.
6. Although, normal channels of representations/complaints redressal mechanism exist in the Min. / Deptts., added safeguards to prevent noncompliance may be provided by ensuring that the complaints against nonadherence to the instructions are be decided by the authorities at least one level above the authorities which took the original decision when they are below the level of secretary to the Govt. of India/Head of the PSU concerned and all such representations are considered and disposed off in time bound manner.
7. Hindi version will follow.
(C.B.Paliwal)
Joint Secretary to the Govt. of India
ajay sethi
(Expert) 30 March 2014
it is at the discretion of Government to acede to your request or not .
Rajendra K Goyal
(Expert) 31 March 2014
Exigencies of services and on the name of other factors such OMs are sidelined in many cases.
T. Kalaiselvan, Advocate
(Expert) 31 March 2014
as rightly observed by expert Mr. Rajendra K Goyal, it depends on the exigencies of the service, or if the authorities do not want to favor the applicant, they may take this stand, it is long struggle, keep trying persistently.
