Definition of Government Servant

GOVERNMENT OF INDIA

MINISTRY OF  PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS

RAJYA SABHA

UNSTARRED QUESTION NO-1923

ANSWERED ON-14.03.2013

1923 . SHRIMATI GUNDU SUDHARANI

(a) the definition of Government servant and who are included in it;

(b) whether employees of statutory and constitutional bodies are covered in it;

(c) if so, the details of relevant provisions where the same is clarified and if not, the reasons/justifications for the same;

(d) whether in view of the ambiguity on the issue, employees of the statutory/ constitutional bodies are denied membership of the Central Government Employees Welfare Organisation and such other bodies; and

(e) the corrective steps Government proposes to take to include the said employees in the category of Central Government employees?

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (SHRI V. NARAYANASAMY)

(a): As per Rule 2(h) of CCS (CCA) Rules ‘Government servant’ means a person who-

(i) is a member of a Service or holds a civil post under the Union, and includes any such person on foreign service or whose services are temporarily placed at the disposal of a State Government, or a local or other authority;

(ii) is a member of a Service or holds a civil post under a State Government and whose services are temporarily placed at the disposal of the Central Government;

(iii) is in the service of a local or other authority and whose services are temporarily placed at the disposal of the Central Government.

(b) & (c): The service conditions of the employees of statutory and constitutional bodies are regulated by the statute under which they are created.

(d) & (e): As per the “Compendium of Welfare Programmes/Instructions of facilities”, the Central Government Employees and the employee of Delhi Administration, shall qualify for regular membership of Central Government Employees Welfare Association in receipt of the grant-in-aid from the Department of Personnel & Training. The Membership shall not be open to the employees of the private shops/companies, Bank, Autonomous Bodies, Public Sector Undertakings, New Delhi Municipal Committee, Municipal Corporation of Delhi and Bodies created by or under any specific Act of Parliament.