BPMS

Bharatiya Pratiraksha Mazdoor Sangh
(ANALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE,GOVT.OF INDIA)

REF: BPMS / MOD / Coast Guard / SZ 45 (1/4/M)

Dated: 11.06.2020

To,
The Secretary,
Govt of India, Min of Defence,
South Block, New Delhi – 110011

Subject: Restructuring of Cadre of Artisan Staff in Defence Establishments: Implementation in Coast Guard Organization.

Sir,

With due regards, it is submitted that after implementation of recommendations of 5th CPC, Ministry of Finance (Department of Expenditure) vide its Notification G.S.R. 552 (E), Dated 28th July 2009 amended the Central Civil Service (Revised Pay) Rules, 2008 whereby Master Craftsmen were granted the Grade Pay of Rs. 4200/- and Highly skilled Workers were split in a ratio of 50 : 50 and re-designated as Highly Skilled Worker Grade-II (Grade Pay of Rs. 2400 in Pay Band PB – 1) and Highly Skilled Worker Grade-I (Grade Pay of Rs. 2800/- in Pay band PB – 1).

Also check: 7th CPC Service Pension to the Havildar granted Honorary Rank of Naib Subedar retiring on or after 01.01.2016

Accordingly the pay scale of Master craftsman was revised from Rs. (4500 – 7000) to Rs. (5000 – 8000) vide MOD letter F. No. 11(5)/2008/D (Civ-I) Dated 28th Aug , 2009 as per SRO – 11 E and the post of Highly Skilled (4000 – 6000) was bifurcated in the ratio of 50 : 50 whereby 50 per cent incumbents had been upgraded as Highly Skilled grade – I in the pay scale of Rs. (4500 – 7000). As per above notification, the artisan staff in MOD is restructured w.e.f. 01.01.2006 as under :

• Skilled (5200 – 20200) plus 1900 Grade pay
• Highly Skilled – II ( – Do – ) plus 2400 Grade pay
• Highly skilled – I ( – Do – ) plus 2800 Grade pay
• Master Craftsman (9300 – 34800) plus 4200 Grade pay
• According to above, the grade structure of Skilled, Highly Skilled -II, Highly Skilled-I and Master Craftsman has been revised vide MOD letter No. 11 (5)/2009-D(Civ.I), dated 14th June 2010 as under w.e.f . 01.01.2006 : ‘

(i) Skilled 45 %
(ii) Highly Skilled Grade II 20.625 %
(iii) Highly Skilled Grade I 20.625 %
(iv) Master Craftsman 13.75 %

It is worth to mention here that MoD is taking all necessary action to further revise the structure/inter grade ratio of artisan cadre whereas Coast Guard organization under Ministry of Defence has not implemented the existing structure/ inter grade ratio which is effected from 01.01.2006. This is causing very much disappointment in the artisan cadre incumbents.

Also read: Retention in Govt. Service beyond the age of 50 years or on completion of 30 years of service

Hence, you are requested to intervene into the matter so that the orders on restructuring of cadre of Artisan Staff in defence establishment may be implemented in Coast Guard organization without further delay.

Thanking you.

Sincerely yours

(MUKESH SINGH)
General Secretary/BPMS &
Member, JCM-11 Level Council (MOD)

Copy to:
The Director General, HQ Indian Coast Guard, New Delhi.
(through email: pdhrd@indiancoastguard.nic.in)
– With request to take similar action on the subject matter.

Source: BPMS

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The post Restructuring of cadre of artisan staff in Defence Establishments in 6th CPC modification of recommendations of CPC appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Restructuring of Cadre of Artisan Staff in Defence Establishments in Modification of Recommendations of 6th CPC

Grant of 3% increment due to financial upgradation in the same Grade Pay – OFB Orders on 10.7.2015

To
The Sr. General Managers’ / General Managers
All Ordnance & Ordnance Equipment Factories

Ref: (i) OFB Circular No. 01/CR/A1/658 dated 17/02/2014
(ii) PC of A (FYS) Circular No. Pay/Tech-II/04/2014/02 dated 11.02.2014
(iii) PC of A (FYS) Circular No. Pay/Tech-II/04/2013/22 dated 31.07.2013

Source: BPMS

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RE-STRUCTURING OF CADRE ARTISAN STAFF IN DEFENCE RRS FOR THE POST OF MCM AND CM

Ministry of Defence
D(Civ-I)

Subject: Restructuring of cadre artisan staff in Defence Establishments in modification of recommendations of 6th CPC – framing of Recruitment Rules for the posts of Master Craftsman (MCM) and Chargeman both in the same GP of Rs.4200/-
Consequent upon the restructuring of the Artisan Cadre vide MoD letter of even number dated the 14.06.2010 framing of RRs for the posts of Master Craftaman and Chargeman could not be finalized as DOP&T has objection to promotion of MCM as Chargeman in the same GP of Rs.4200/-. Moreover, Ministry of Finance has also not agreed to grant of increment to MCM on their promotion in the same GP of Rs.4200/- to the post of Chargemen.

2. To overcome the situation as explained in paragraph I above, one of the model proposed for promotions of artisan staff cadre is indicated below :

3. As per the above model the following is proposed :

(i) HS-II (GP Rs.2400/-) shall be able to move as HS-I (GP Rs.2800/-) under normal promotion norms. One completion of 7 years of service HS-II shall be eligible for the post of Chargeman on the basis of Limited Departmental Competitive Examination (LDCE).

(ii) HS-I (GP Rs.2800/-) shall be able to move as Master Craftsman (GP Rs.4200/-) under normal promotion norms. One completion of 4 years of service HS-I shall be eligible for the post of Chargeman on the basis of Limited Departmental Competitive Examination (LDCE).

(iii) Both Master Craftsman and Chargeman shall be able to move as Foreman / JWM (PB-2, Rs.4600/-) as the case may be on eligibility basis.

4. All concerned are requested to furnish their comments on the above proposed model of RRs for the posts of Master Craftsman and Chargeman with the approval of competent authority by 7th February 2014 positively.

sd/-
(M.S.Sharma)
Under Secretary (Civ-I & II)

Source: INDWF

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Granting of 3rd MACP in GP 4600/- after Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of 6th  CPC – Clarification regarding.

BHARTIYA PRATIRAKSHA MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)

REF: BPMS / MACPS / 64 (7/3/M)

Dated: 16.01.2014

To,
The Secretary,
Govt of India, Min of Defence,
South Block, DHQ PO,
New Delhi – 110011

Subject: Granting of 3rd  MACP in GP 4600/- after Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of 6th  CPC – Clarification regarding.

Reference: 1. MOD I.D. No. 11(5)/2009-D (Civ-I), Dated 28.12.2013

Respected Sir,
With due regards, your attention is invited to S.R.O. 13(E) Dated 04.05.1989 / S.R.O.-191 dated 28.11.1994 / S.R.O.-66 dated 27.05.2003 “Indian Ordnance Factories Group C Supervisory and Non-Gazetted Cadre (Recruitment and Conditions of Service) Rules” which stipulates that the post of Chargeman (Tech) will be filled up by-

(a) 25% by direct recruitment after adjustment of surplus and transfer,
(b) 25% by Limited Departmental Examination and
(c) 50% by promotion from panel prepared by relevant DPC for each category
and on failure of recruitment by promotion, by transfer failing which by direct recruitment {as mentioned in Point No. 2 of Annexure to OFB Letter No. 01/CR/A/I/Vol.II/658, dated 21.02.2011}.

It further stipulates that the post of Chargeman will be filled up by Promotion from Draughtsman or equivalent in scale of Rs.1200-2040 with 3 years service and by promotion from Highly Skilled Grade-I with 3 years of regular service failing which from Highly Skilled Grade-II with 6 years regular service in respectively category.

The above Recruitment Rule (SRO) nowhere says that the post of Chargeman will be filled by promotion from Master Craftsman.

It is to be noted that the post of Master Craftsman was created in pursuance of the recommendations of the 3rd Central Pay Commission made in Chapter 19 of Volume I of its Report, vide MOD letter No. 1(2)/80/D(Civ-I), dated 21.09.1982 in the pay scale of Rs. (425 – 640) at par with the Chargeman. Para 2(iv) of the letter stipulates that the incumbents selected for the post of Master Craftsman will forego their normal promotion to the supervisory grade; i.e., Chargeman.

The pay scale of Master Craftsman & Chargeman was revised to Rs. (1400 – 2300) as per 4th CPC but the 5th  CPC revised the pay scale of Master Craftsman to Rs. (4500 – 7000) whereas Chargeman was revised & upgraded to Rs. (5000 – 8000) w.e.f. 01.01.1996.

Subsequently, Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of the 5th CPC has been introduced vide MOD letter No.11(1)/2002/D(Civ-I), dated 20.05.2003 which states that the post of Master Craftsman shall not be part of the hierarchy and the placement in this grade will not be treated as promotion for Highly Skilled Grade either under normal promotion rules or under ACP Scheme. Para 4(iv) of the letter states that the post of Master Craftsman (Rs. 4500 – 7000) shall continue to be considered as Highly Skilled grade for the purpose of promotion to the grade of Chargeman-II (Rs. 5000 – 8000).

It is worth to mention here that Hon’ble Supreme Court of India has already decided that the administrative instructions cannot be issued in contravention of the statutory rules {C&AG of India vs. Mohan Lal Mehrotra, 1991 Lab IC (SC) 2328, para 22} and that there can be no dispute with the proposition that a rule framed under the Proviso to Art. 309 of the Constitution cannot be modified by an executive order {State of Maharashtra & Anr vs Chandrakant Anant Kulkarni & Ors: 1981 AIR 1990, 1982 SCR (1) 665}

The Supreme Court has held in the case of “Sant Ram Sharma vs State Of Rajasthan & Anr : 1967 AIR 1910, 1968 SCR (1) 111” as under:-

    “It is true that Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point Government can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed.”

Contrary to above, vide letter cited under reference MOD has communicated that the idea of exclusion of the post of Master Craftsman (MCM) from further promotions in the hierarchy (Chargeman in the same Grade Pay) has not found favour with the Defence Finance.

We are surprised to construe from above that Defence Finance may promote any person on any post which may be against the provisions of relevant Recruitment Rules (SRO) made under the proviso of Article 309 of the Constitution of India.

Here, we would like to draw your attention to Para 3.1 of Govt. of India, DoP&T O.M. No. 22011/5/86-Estt.(D), dated 10th April, 1989 issued as consolidated instructions on Departmental Promotion Committee, which stipulates as under:-

   “ ….. A vacancy shall be filled in accordance with the recruitment rules in force on the date of vacancy, unless rules made subsequently have been expressly given retrospective effect. Since amendments to the recruitment rules normally have only prospective application, the existing vacancies should be filled as per the recruitment rules in force. Holding of DPC meetings need not be delayed or postponed on the ground that recruitment rules for a post are being reviewed/amended.”

It is worth to mention here that Para 2 of Annexure – I of DOP&T O.M. No. 35034/3/2008-Estt. (D), dated 19.05.2009 of MACPS provides that the MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section I, Part – A of the first schedule of the CCS (RP) Rules, 2008 and which is as under;

Grade Pay Rs. 1800/- Grade Pay Rs. 4200/-
Grade Pay Rs. 1900/- Grade Pay Rs. 4600/-
Grade Pay Rs. 2000/- Grade Pay Rs. 4800/-
Grade Pay Rs. 2400/- Grade Pay Rs. 5400/-
Grade Pay Rs. 2800/- Grade Pay and so on

Hence, a person who is drawing grade pay of Rs. 4200 due to 02 promotions/ACPs and completes 30 years regular service on or after 01.09.2008 will be granted financial upgradation under 03rd MACPS in grade pay of Rs. 4600/-.

Therefore, you are requested to review the referred clarifications and withdraw the same without further delay and clarify that since the post of MCM was not in hierarchy of artisan staff cadre upto 31.12.2005, the Highly Skilled worker/MCM who were already drawing the pay scale of Rs. (5000 – 8000) under ACP Scheme may be considered for further financial upgradations in the next Grade Pay (Rs. 4600) in the hierarchy of Grade Pays.

Thanking you.

Yours Sincerely
sd/-
(MUKESH SINGH)
Secretary/BPMS &
Member JCM-II (MOD)

Source: http://bpms.org.in/documents/macp-mcm-4tdp.pdf
via: Karnmk.blogspot.in

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 CIRCULAR
FAX/Speed Post

OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS (FYS)
10-A, S.K.Bose Road, Kolkata – 700001

No.Pay/Tech-II/04/2013/22

Date : 31/07/2013

To
The CFAs(Fys)
The Accounts Officer (Fys)

Sub: Restructuring of cadre of Artisan Staff in Defence Establishment in modification of recommendation of 6th CPC – Clarification regarding

In continuation to this office earlier circular bearing No. Pay/Tech-II/04/2013/17/Cir dated 03.6.2013, it is intimated that the matter regarding grant of 3rd MACP benefit in the same grade pay of Rs.4200/- to the MCMs in the light of MoD ID No. 11(5)/2009-D(Civ-I) dated 23.7.2012 has been examined by this office. Accordingly it  has been decided that the said beenefit may be extended to all eligible MCMs (either in service or going to retiree) along with 3% increment benefit on Band Pay and Gr. Pay of Rs.4200/-.

In this connection ti is also mentioned that in cases where such benefit has already been given in the Gr. Pay of Rs.4600/-, only the grade pay may be restricted/reduced to Rs.4200/-.

Jt.C. of A. (Fys) has seen.

sd/-
Asst. Controller of Accounts (Fys)

Source : www.pcafys.nic.in
[http://pcafys.nic.in/files/Artisan%20Staff%20Modification.pdf]

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INDWF writes to OF Board regarding restructuring of Ordnance employees (Artisan staff)

INDWF General Secretary Shri.R.Srinivasan writes a letter to DGOF and Chairman of Ordnance Factory Board on 5th July, 2013 regarding the implementation of four grade structure in Ordnance factories to the employees of Industrial cadre. The General Secretary insists to give clear clarification and instructions on exemption for promotions while implementation of 4 Grade structure to all factories immediately.

The letter is reproduced and given below for your ready reference…

RESTRUCTURING OF ARTISAN STAFF EXEMPTION REQUEST

INTUC
INDIAN NATIONAL DEFENCE WORKERS FEDERATION

NIDWF/Artisan Staff/2013
Dated 5th July, 2013

To
DGOF and Chairman
Ordnance Factory Board,
Ayudh Bhavan,
10A, S.K.Bose Road,
Kolkatta 700 001.

Sub : Restructuring of Artisan Staff.
Ref : OFB Letter No.01/CR/Vol II/A/1/658(Pt.) dt. 14.6.2013

Sir,
OF Board vide their letter quoted under reference addressed to all Sr.GMs/GMs of Ordnance and Ordnance Equipment group of Factories intimated that while implementing the 4 Grade structure in Industrial Cadre as per M of D instruction dt 14.06.2010 only one exemption for one promotion was to be given to the cadre of Industrial Employees, next promotion was to be given after duly conducting Trade Test, after the date of issue of M of D instructions and the promotions may be effected from a prospective date.

In this regard, we would like to convey that the promotions were granted based on the instructions of M of D letter dated 14.6.2010 granting one time exemption but in some Factories, based on the Trade Test conducted where vacancies exists, have been granted promotions by many Factories.

At this belated stage giving clarification and instructing the factories to dispense with the promotions and any action taken to reverse will lead to unrest and it would be better to regularise the promotions as they were already placed.
Kindly review your letter dated 14.6.2013.

Yours Sincerely,
sd/-
(R.Srinivasan)
General Secretary

Source: http://centralgovernmentemployeesnews.in

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FAX / Speed Post

OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS (FYS)
10-A, S.K.Bose Road, Kolkata – 700001

No. Pay/Tech-II/04

Date : 21/02/2013

To
The Accounts Officer (Fys)
AO.OF.Chanda

Sub : Restructuring of Cadre of Artisan Staff in Defence Establishment in modification of recommendations of 6th CPC – Clarification regarding.
OFB, Kolkata vide letter No.01/CR/A/I/Vol.IV/658 dated 28/01/2013 intimated that your office has returned the pay fixation proposal of the IEs who have got promotions on 01.01.2006 (Sunday), due to implementation of MoD letter No.11(5)/2009-D (Civ-I) dtd 14-06-2010 issued on cadre restructuring of Artisan Staff in Defence Establishment, with audit remarks that granting of promotion on Sunday/holiday is not in order.

The matter has been examined at this end it is pointed that ibid MoD order dated 14.06.2010 extended financial benefit w.e.f.01.01.2006 i.e. the cut-off date from which the financial benefit for promotion, due to cadre restructuring, on a non-functional manner should be admitted. Hence, in the instant case the financial benefit needs to be given from 01.01.2006 if the individual is on duty on 02.01.2006 and his next increment is to be provided w.e.f.1.7.2006. However, if the incumbent is on regular leave on 02.01.2006, the benefit of promotion cannot be given w.e.f. 1.1.2006 but benefit of promotion may be allowed from the date of actual resumption of duty on or after 3.1.2006. In such cases, next increment cannot be provided to them w.e.f.1.7.2006, if not opted for final fixation from the date of drawl of increment in the lower pay.

sd/-
Asst. Controller of Accounts (Fys)

Source: INDWF
[http://indwf.blogspot.in/]

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