7th CPC Report on Drivers in Central Govt Services

7th Pay Commission Report on Drivers in Central Govt Services

Drivers: Demands of Staff Car Drivers include:

• i. pay enhancement,
• ii. time-bound promotion after completion of the residency period,
• iii. creation of a Gazetted post in the cadre, such as Motor Transport Officer, Transport Supervisor etc.,
• iv. creation of an additional higher grade in PB-3,
• v. enhancement of the entry grade pay from the present GP 1900, and
• vi. abolition of prescribed placement ratio for promotion to next higher grade.

Drivers in the Defence (Civilian) sector have voiced the demand that they drive specialized heavy vehicles, and the minimum age requirement for acquiring a driving license for these vehicles is 22 years, as opposed to 18 years for a general license. They also contend that they perform physically more strenuous and technically more complicated functions, and therefore they should be compensated better.

Analysis and Recommendations: The general hierarchy in the cadre of drivers is as given in the table below

The Commission observes that career progression is adequate. In any case, since MACP is also allowed to drivers, the operation of such percentages is really of not much significance as pay upgradation through MACP ensures that no one stagnates beyond a stipulated period. The Commission therefore recommends replacement pay levels for them.

As regards creation of posts such as Motor Transport Officer, Transport Supervisor in the gazetted rank, the Commission is not making any recommendation to this effect, as creation of supervisory post depends on the cadre strength and functional justification in each ministry/department.

Regarding Drivers in the Defence (Civilian) sector, the Commission is of the view that the government may consider placing such drivers in a distinct category with differentiating features which would include more stringent qualifying criteria and clear job description that bring out the higher responsibility and skills. The government should decide which of the drivers fall in this category and accordingly modify their recruitment rules, harmonise their entry requirements and designate them on similar lines.

Staff Car Drivers Recruitment Rules, 2020, Salary and other Terms and Conditions of Service of NCLAT under MoCA

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 21st September 2020

G.S.R. 570(E).—In exercise of the powers conferred by section XMR2013), the Central Government hereby makes the following rules, namely:-

1. Short title and commencement:- (1) These rules may be called the National Company Law Appellate Tribunal (Recruitment, Salary and other Terms and Conditions of Service of Staff Car Drivers) Rules, 2020.

(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions:–(1) In these rules, unless the context otherwise requires, –

(a) “Act” means the Companies Act, 2013 (18 of 2013);

(b) ―Appointing Authority‖ means the Central Government or the Authority to whom the powers are delegated by the Central Government for making appointments of officers and employees in the Appellate Tribunal by a notification;

(c) “Appellate Tribunal” means the National Company Law Appellate Tribunal constituted under section 410;

(d) ―Schedule‖ means a Schedule annexed to these rules.

(2) All other words and expressions used and not defined in these rules, but defined in the Act shall have the same meanings respectively assigned to them in the Act.

3. Application.- These rules shall apply to the post specified in column (1) of Schedule-I.

4. Initial Constitution.– The incumbent of the post shown in the column 1 of the said Schedule-I, who is holding such post on regular basis by becoming employee of the Appellate Tribunal on and from the dissolution of the Company Law Board or the Competition Appellate Tribunal shall be deemed to have been duly appointed under the provisions of these rules and the service rendered by him in the said post before the said dissolution shall be taken into account for the purpose of rights and privileges as to pension, gratuity and other like benefits.

5. Number of post, classification and level in pay matrix.- The number of said post, its classification and level in pay matrix attached thereto shall be as specified in columns (2) to (4) of Schedule-I.

6. Method of recruitment, age-limit, qualifications, etc.- The method of recruitment, age limit, qualifications and other matters relating thereto shall be as specified in columns (5) to (13) the said Schedule-I.
7. Appointment.- Appointment to the said post shall be made by the Appointing Authority.

8. Procedure for appointment by direct recruitment.- The Appellate Tribunal shall invite applications by advertisement on all India basis, for the said post and shall process for making appointment by the Appointing Authority, through a recognized professional agency having adequate experience in making recruitment in Central Government, Public Sector Undertakings or Tribunals.

9. Procedure for appointment on deputation basis.- The Appellate Tribunal shall invite applications for the said post through wide advertisement including publishing invariably in Employment News and selection shall be made on the basis of recommendation of the Selection Committee prescribed in Schedule-I for the respective post.

10. Absorption of employees on appointment on deputation.- (1) Notwithstanding anything contained in the provisions of these rules, the persons appointed on deputation basis, who fulfill the qualifications and experience laid down in these rules and who are considered suitable by Departmental Promotion Committee, shall be eligible for absorption, in respective grade subject to the condition that such persons exercise their option for the absorption.

(2) Such absorption shall also be subject to the condition that their parent departments or cadre controlling authorities do not have any objection to their being absorbed in the Appellate Tribunal.

(3) Seniority status of appointed under sub rule (1) shall be determined with reference to the date of their absorption to the post concerned.

11. Conditions of service.- (1) The conditions of service to the said post in matters of pay, allowances, leave and other conditions of service shall be regulated in accordance with such rules and regulations as are for the time being applicable to employees of the corresponding scale of pay of the Central Government from time to time.

(2) In matters relating to Provident Fund Scheme, Group Insurance or any other Insurance Scheme, age of superannuation, pension and retirement benefits of the Staff Car Driver working on deputation basis shall continue to be governed by the relevant rules as applicable to them in their parent Ministry or department or organisation.

(3) The Appellate Tribunal shall recover contributions toward such schemes from their salary and remit the amount immediately to the lending Ministry or Department or Organisation and any loss of interest on account of late remittance shall be borne by the Appellate Tribunal.

(4) The Staff Car Driver of the Tribunal shall have the option to avail medical facilities as per their entitlement in the parent organisation or as specified in Schedule-II.

12. Accommodation.- The Staff Car Driver of the Appellate Tribunal shall have the option of claiming House Rent Allowance in accordance with the rate prescribed by the Central Government as applicable to the employees of the corresponding scales of pay of the Central Government. Provided that they shall not be eligible for House Rent Allowance in case they are declared eligible for general pool residential accommodation and occupies such a Government accommodation allotted to them.

13. Disciplinary Proceedings.- The Staff Car Driver of the Appellate Tribunal shall be subject to disciplinary proceedings as per rules and regulations applicable to the employees of the corresponding level in pay matrix of the Central Government.

14. Disqualification.- No person,-

(i) who has entered into or contracted a marriage with a person, having a spouse living; or

(ii) who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to any post in the Appellate Tribunal:

Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.

15. Other conditions of service.- Other conditions of service to the said post for which no specific provision or insufficient provision has been provided in these rules, shall be regulated in accordance with such rules and orders, as are, from time to time, applicable to officers and employees of the corresponding level in pay matrix of pay of the Central Government stationed at those places.

16. Power to relax.- Where the Central Government is of the opinion that it is necessary or expedient so to do, it may, in consultation with the Chairperson of the Appellate Tribunal by order and for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.

17. Saving.- Nothing in these rules shall affect reservation, relaxation of age-limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, economically weaker section, ex-Servicemen and other special categories of persons in accordance with the rules and orders issued by the Central Government from time to time in this regard.