भारतीय प्रतिरक्षा मजदूर संघ
Bharatiya Pratiraksha Mazdoor Sangh
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)

REF: BPMS / Fed / DPC / 113 (7/4/R)

Dated: 29.06.2023

To whom it may concern

Subject: Invitation for Views on Rectifying Anomalous Situation in Disciplinary Proceedings and Departmental Promotion Committee.

Dear Sir/Madam,

I am writing to seek your valuable insights and suggestions regarding an anomalous situation that has arisen in the disciplinary proceedings of government employees. The matter pertains to the implementation of Department of Personnel & Training (DoPT) guidelines on the sealed-cover procedure and its implications on promotions, as well as the non-implementation of the time limit for completion of departmental inquiries as per the Central Vigilance Commission (CVC) instructions.

The DoPT has issued various instructions outlining the sealed-cover procedure and its implications on government servants at the time of promotion. As per these guidelines, government servants falling under certain categories, such as those under suspension, facing disciplinary proceedings, or facing criminal charges, are placed in sealed covers during the consideration for promotion. The sealed covers are opened upon the conclusion of the respective cases, and if a government servant is completely exonerated, their due date of promotion is determined based on the findings in the sealed cover.

However, in certain instances, due to delays in the disciplinary proceedings or decision-making process, the period of penalty faced by an employee exceeds the intended penalty duration. This can lead to situations where an employee, despite being recommended for promotion by the Departmental Promotion Committee (DPC), is unable to be promoted and has to endure an extended period of penalty. This discrepancy arises due to the interaction between the DoPT rules on the sealed-cover procedure and the non-implementation of CVC guidelines specifying a time limit for completing departmental inquiries.

Suppose, if an employee is charged under Rule 14 or 16 of the CCS (CCA) Rules, 1965, and after a period of two years or more due to a departmental inquiry/decision, the employee is awarded a minor penalty but not the specific penalty of withholding promotion, the following scenario arises. Let’s assume the employee is awarded the minor penalty of withholding increments of pay for six months, and their next increment is due after 11 months. Meanwhile, a Departmental Promotion Committee (DPC) convenes for the employee’s promotion, and the recommendations of the DPC are kept in a sealed cover. However, the sealed cover remains unopened, and the employee has to wait for his promotion until the next DPC is convened. During the currency of the penalty, the employee cannot be promoted, even if the DPC has recommended him as fit for promotion. As a result, the employee ends up suffering a penalty period of two years of inquiry, plus 11 months until the next increment, plus six months of withholding increments.

In this case, the intention of the Disciplinary Authority is to award a penalty of increment withholding for six months only. However, due to the implementation of DoPT/ GOI Rules on DPC and the non-implementation of CVC /GOI instructions on the time limit for completion of departmental inquiries by the concerned authorities, the actual penalty period extends to two years, 11 months, and six months. This discrepancy creates a tragic paradox, as the penalty duration significantly exceeds the intended duration solely due to procedural issues.

We recognize that this situation presents a significant challenge and a disheartening experience for the affected employees. Hence, it is crucial for us to seek your expertise and insights to rectify this anomalous state and ensure fairness in the disciplinary proceedings. We highly value your knowledge and experience in this domain, and your perspective will greatly contribute to the development of a suitable resolution.

In light of the above, we kindly request your views and suggestions on the following matters:

• How can we harmonize the DoPT guidelines on the sealed-cover procedure with the CVC instructions on the time limit for completion of departmental inquiries, to ensure that penalties are commensurate with the intended duration, to ensure that promotion cannot be denied if minor penalty, except withholding of promotion, is awarded.
• Are there any specific court judgments or legal precedents that support the rectification of the current anomalous situation in disciplinary proceedings?
• What measures can be taken to minimize delays in disciplinary proceedings and decision-making processes, thereby preventing employees from enduring extended periods of penalty?
• Are there any specific reforms or modifications that you would recommend to streamline the disciplinary proceedings and promotion processes, while maintaining fairness and efficiency?

Furthermore, we kindly request you to provide any relevant court judgments or legal precedents that support the rectification of the current anomalous situation. These judgments will help us in understanding the legal perspective and finding a comprehensive solution.

We kindly request you to provide your valuable insights, suggestions, and any relevant court judgments to enable us to analyze and incorporate them into the ongoing discussions and decision-making processes. Your contributions will be treated with utmost confidentiality, and we assure you that your views and the provided court judgments will be given careful consideration.

Thank you in advance for your cooperation and support in addressing this important matter. We look forward to your prompt response.

Sincerely yours

(MUKESH SINGH)
General Secretary /BPMS &
Member, National Council (JCM)

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Bharatiya Pratiraksha Mazdoor Sangh
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)
CENTRAL OFFICE : 2-A, NAVIN MARKET, KANPUR-1

REF: BPMS / DGQA / CGEGIS / 71 (7/3/R)

Dated: 13.05.2023

To,

The Director General,
Dte Gen of Quality Assurance,
Govt of India, Min of Defence,
Defence Office Complex, Africa Avenue Road,
PO – Sarojini Nagar, New Delhi -110023

Subject: Benefit of Central Government Employees Group Insurance Scheme on Re- Classification of posts according to Grade Pay of Master Craftsman.

Sir,

With due regards, it 1s submitted that the Ministry of Finance (Department of Expenditure) vide its Notification G.S.R. 552 (E), Dated 28th July 2009 has amended the Central Civil Service (Revised Pay) Rules, 2008 whereby Master Craftsmen has been granted the Grade Pay of Rs. 4200/- and Highly Skilled Workers are 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).

Accordingly the pay scale of Master craftsman has been 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) has been bifurcated in the ratio of 50 : 50 whereby 50 per cent incumbents have been upgraded as Highly Skilled grade – I in the pay scale of Rs. (4500 – 7000). As per above notification, the artisan staff in MOD 1s restructured w.e.f. 01.01.2006 as under

1. Skilled (5200 – 20200) plus 1900 Grade pay
2. Highly Skilled-II ( — Do–  ) plus 2400 Grade pay
3. Highly skilled-I ( — Do–  ) plus 2800 Grade pay
4. Master Craftsman (9300 – 34800) plus 4200 Grade pay

It is also submitted that Department of Personnel & Training vide their S.O. 946 (E), dated 9th April, 2009, re-classified the posts on the basis of Grade Pay and accordingly the Grade Pay of Rs.4200/- has been classified as Group ‘B’ .

In order to facilitate the Central Government Employees, at a low cost and on a wholly contributory and self financing basis, the twin benefits of an insurance cover to help their families in the event of death during service and a lump sum payment to augment their resources on retirement, the CGEGIS 1980 was introduced and Para 5.2 of GOI, Min of Finance O.M. dated 31-01-1989 and 09-08-1989 stipulates that rate of subscription for the scheme shall be Rs. 60/- for Group ‘B’ Employees and the amount of insurance cover will be Rs. 60000/- (Sixty Thousand).

This issue (deduction of subscription of CGEGIS) has been raised by BPMS in the Steering Committee meeting for 89″ Departmental Council (JCM) (MOD) as Agenda Point No. 106 and the minutes forwarded vide MOD ID No. 5(1)/2010/D (JCM), dated 27th Aug, 2010 stipulates that CGDA has issued to all the controllers to deduct the monthly subscription towards CGEGIS as per re-classification of posts in compliance with MOD ID No. 10(1)/2012/ D(Civ.ID), dated 29.06.2012.

It is learnt that the subscription of CGEGIS from MCM in DGQA is still being deducted only Rs. 30/- per month which is applicable for Group ‘C’ employees, whereas the Master Craftsman is to be construed as Group ‘B’ employees and their subscription should have been deducted @ Rs. 60/- per month w.e.f. 01.01.2006. It 1s worth to mention here that other Dtes/HQrs of MOD including erstwhile OFB has implemented the above instruction except DGQA. Copy of the OFB letter 1s enclosed for your ready reference.

Hence, you are requested to issue necessary directives to the concerned authorities so that MCM of DGQA may also be entitled for subscription of CGEGIS @ Rs. 60/- per month.

Thanking you.

Sincerely yours

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

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भारतीय प्रतिरक्षा मजदूर संघ
Bharatiya Pratiraksha Mazdoor Sangh

REF: BPMS/ MoF/ Pay Fixation/ 60(7/3/L)

Dated: 01.03.2023

REMINDER 3

To,

The Secretary
Department of Expenditure
Govt of India, Ministry of Finance
North Block, New Delhi- 110 001

Subject: Date of next increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016.

Reference: 1. Department OM No. 04-21/2017-IC/E.IIIA dated 28 Nov 2019 & subsequent relaxation in rules through letter of even no dated 15 April 2021

2. This federation letter of even no.dated 16.06.2022, 01.08.2022 & 21.12.2022.

Respected Sir,

With due regards, your kind attention is invited to the letters cited under reference 1 whereby instructions/clarifications were issued regarding Pay Fixation (including fixation of DNI) under FR 22(1)(a)(1) on regular promotion or financial up-gradation on or after 01.01.2016. And, employees were allowed to exercise/ re-exercise of option for pay fixation for past cases if they had not availed the same on the occasion of their regular promotion/ financial up-gradation.

Through the OM dated 15 April 2021, a special condonation, on one more occasion, was granted with a three month time-limit to all employees by relaxing the condition in exercising of option.

It is worth to mention here that during the same period (aftermath of 15 April 2021) the sudden outbreak of corona pandemic derailed the life of all. Establishments were being run at least strength. Everyone was struggling to save the lives of his dear ones.

In such a catastrophic situation’ employees could not avail the above relaxation. But, with restoration of normalization, many employees started to approach this federation for a further extension/ relaxation in rules for one more and last time.

As the situation was beyond their control and the OM dated 15 April 2021 could not be availed by the employees, you are again requested to condone the delay for one more time and give one more opportunity to all employees in this regard.

Thanking you.

Sincerely Yours

(MUKESH SINGH)
General Secretary/ BPMS &
Member National Council JCM

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

REF: BPMS/ DoP&PW/ FMA/ 156(8/1/L)

Dated: 01.03.2023

REMINDER 1

To,

The Secretary
Department of Pension & Pensioners’ Welfare
Ministry of Personnel, Public Grievances & Pensions,
Govt of India, Lok Nayak Bhawan, Khan Market,
New Delhi – 110 003

Subject: Enhancement of Fixed Medical Allowance (FMA).

Reference: This federation letter of even no dated 29.08.2022

Respected Sir,

With due regards, it is submitted that Fixed Medical Allowance is granted to the Central Government pensioners/ family pensioners residing in areas not covered under Central Government Health Scheme administered by the Ministry of Health & Family Welfare and corresponding health schemes administered by other Ministries/ Departments for their retired employees for meeting expenditure on their day-to-day medical expenses that do not require hospitalization.

At present, this allowance is being granted @ Rs.1000/- per month to all eligible pensioners/ family pensioners with effect from 01.07.2017. DoP&PW reviews this amount periodically in order to soothe the effect of inflation on Medical Expenditure.

It is worth to mention here that corona pandemic has skyrocketed the expenditure on Medical Treatment. Therefore, the federation had represented the subject matter through its letter cited under reference mentioning that pensioners, erstwhile members/ officer bearers of this federation, are approaching this federation with request to do needful for enhancement of Fixed Medical Allowance from existing Rs.1000/- to Rs.5000 per month. But any action from your end is still awaited.

Therefore, you are again requested to peruse the matter and do the needful in this regard.

Thanking you

Sincerely Yours

(MUKESH SINGH)
General Secretary/ BPMS &
Member National Council JCM

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

REF: BPMS/ MoD/ PLB/ 66 (7/3/M)

Dated: 26.09.2022

To,
The Secretary (DP)
Department of Defence Production
South Block, New Delhi – 110011

Subject: Payment of Productivity Linked Bonus to the employees Ordnance Factories, DGQA & DGAQA for the year 2021-22.

Respected Sir,

With due regards, your kind attention is invited to the assurances made by higher authorities of Ministry of Defence to the recognised federations of Civilian employees of MoD that the service conditions of employees, who are on deemed deputation for a period of two years in newly incorporated DPSUs, will not be changed and they will be given better options of service conditions in new scenario.

But, those assurances are proving daydreaming at this budding stage. The PLB has always been declared and disbursed before Dussehra festival to the employees of Ordnance Factories, DGQA & DGAQA. But at this time, there is no decision taken on the matter for these employees.

It has come to notice of the federation that DOO has made a proposal for approval of the Ministry only for first six months of previous year i.e. pre-corporatisation period. But for later period of the year, no proposal/ decision has been communicated either by Govt or by the Corporations. There is unrest amongst employees over the issue.

Therefore, you are requested to look into the matter and do the needful to ensure timely payment of PLB, as per existing formula, to the employees of Ordnance Factories, DGQA, DGAQA for the year 2021-22.

Thanking you

Sincerely Yours

(MUKESH SINGH)
General Secretary/ BPMS &
Member JCM II Level Council (MoD)

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(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)

REF: BPMS/ PMO/ Memorandum/117(7/4/R)

Dated: 06.05.2022

To,

The Prime Minister,
Govt of India,
South Block, Raisina Hills
New Delhi – 110011

Subject:- Submission of Memorandum.

Hon’ble Sir,

Through this memorandum, your kind attention is invited to the discontentment, resentment, displeasure and woe of employees left to their ill fate on depriving of guaranteed minimum pension under NPS or any other pension scheme equal to half of their last Pay and delinking of the same from Inflation.

It has always been expected from a Govt to play a role of ideal employer for its employees and protector for the citizens of India who are contributing continuously for the progress of the country and assure social security to its employees as well as citizens.

Every employee whether he belongs to Govt Industry of any Private Industry dedicates his skill, power and energy to his employer till superannuation or until he lost his capacity to do so and gets remuneration to fulfil his requirements. After superannuation or being incapacitated by whatsoever reasons he becomes unable to serve to get remuneration but his requirement does not end.

Then the onus is on the employer to mitigate the hardships faced by the employee. This social security cannot be measured by solely market related factors. Under Central Govt Sectors, this responsibility was borne by the Govt. as it compiled the CCS (Pension) Rules-1972. Later, Govt. introduced Employees’ Pension Scheme- 1995 for change over from contributory provident fund to pension scheme.

Now market related factors have compelled the Govt. to deviate to bear its responsibility of social security as an employer. Govt. succumbed to this pressure and introduced New Pension Scheme (Defined Contributory Pension Scheme) applicable to Central Govt Servants who join on or after 01.01.2004.

As per this New Pension Scheme 10% of Basic Pay+ DA is being recovered from the employees as a compulsory deduction and government is also contributing 14% of Basic Pay + DA of the employees. A government servant can exit at or after the age of 60 years and it would be mandatory for him to invest 40 per cent of pension wealth to purchase an annuity which will provide for pension for life time of the employee and his dependent parents/ spouse.

But the abovementioned method lacks of the following benefits required to the employees for their livelihood-

1. This new system has no minimum guaranteed Pension.
2. There is no safeguard from price hike in absence of dearness allowance on pension.
3. No benefit of additional pension on attaining age of 80 years, 85 years, 90 years, 95 years, 100 years.
4. No safeguard, in case of missing employees.
5. Compulsory retirement pension.
6. Compensation Pension

From above it is established that the new entrants will not be eligible for Superannuation Pension, Compensation Pension, Compulsory Retirement pension, Compassionate Allowance etc. Any scheme not containing the above benefits is not accepted to the employees.

Introduction of New Pension Scheme/ National Pension Scheme (NPS) for Central Government Employees w.e.f 01.01.2004 has adversely affected the concept of social security provided by the Government and it has put the future as well as retirement security (social security) of the employees at stake in lack of guarantee of minimum pension under the scheme. In place of adopting progressive and dynamic approach for the assets of the society viz retired employees, Govt adopted a retrograde policy with no guaranteed pension, no safeguard from erosion caused by inflation etc. Likewise, other pension schemes also have the many anomalies.

Sir, on the occasion of the election of five states, many political parties has assured the employees in their manifesto that if they come into power, they will implement the old pension scheme. These announcements have also aroused the feeling among the central government employees that the central government should also bring its employees under the old pension scheme.

This agitation programme from 3rd May to 6th May has been conducted by the employees to draw your attention towards the deprived employees for assurance of safe old age.

Therefore, you are requested to look into the following demand and do the needful for earliest redressal of them-

Scraping of NPS and restoring of CCS (Pension) rules, 1972.

or

Guaranteed Minimum Pension equal to half of last drawn salary in NPS and Linked with Dearness / inflation.

Thanking You

Sincerely Yours
sd/-
(MUKESH SINGH)
General Secretary/ BPMS &
Member JCM II Level Council (MoD)

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REF: BPMS/ MOD/ NDA/ 51 B(7/2/R)

Dated: 07.09.2021

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

Subject: Payment of Night Duty Allowance on actual pay of 7th CPC, without any ceiling.

Sir,
With due regards, it is submitted that this federation has been demanding the removal of the artificial ceiling of Rs. 43600/- for eligibility for Night Duty Allowance in Defence Installations which has been imposed vide DoPT OM dated 13.07.2020. This issue has been raised in the Additional Mechanism meeting of MoD as well as various JCM-III Level Councils.

This issue was discussed in the National Council (JCM) meeting held under the Chairmanship of Cabinet Secretary on 26.06.2021 as Agenda Point No. 5.22 Item No. NC48/19/21 and after prolonged discussion the Chairman asked the Secretary (P) and Secretary (Exp.) to resolve the issue expeditiously.

Later, it was also discussed in National Council (JCM) meeting held under the Chairmanship of Secretary (P) on 30.07.2021 as Agenda No. 4.2 Item No. NC-47/31/19 -Litigation cases on service matter wherein AS (E), DoPT stated that the guidelines issued by DoPT on the subject matter are not for the industrial employees working under the MoD. Hence, MoD has to take a conscious decision in the matter.

Therefore, you are requested to issue necessary instructions/clarifications to remove this artificial ceiling of Rs. 43600/- for defence civilians for eligibility of Night Duty Allowance so that all the eligible employees may get their legitimate monetary benefits without further delay.

Thanking you.

Sincerely yours,

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

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BPMS

Bharatiya Pratiraksha Mazdoor Sangh
All India Federation Of Defence Workers

No.: NCC/Aenda (4/1/L)

Date: 31/01/2021

To,

Shri Shiva Gopal Mishra
Secretary Naional Council Staff Side
13-C Feroz Shah Road
New Delhi 11001

Subject: Submission of Agenda Points for NC (JCM) and Standing Committee.

Reference: Your letter No. NC-JCM-2019, dated 11th January 2020

 Respected Sir

With due regards the enclosed agenda points are submitted for the meeting of the National Council – JCM and Standing Committee of NC – JCM.

Thanking you .

Sincerely Yours

(SADHU SINGH)
Member National Council

Agenda Points for National Council JCM meeting

1. Availability of option to switch over to 7th CPC pay scales after the date of Gazette Notification of CCS (PR) Rules 2016. If an employee gets Promotion/ Financial up-gradation after notification date i.e. 25th July 2016.
2. Night Duty Allowance should be paid to authorised category worker in Railway & Defence without ceiling according to 7th CPC Pay Scales.
3. Trade union activities should be allowed in Hospitals/ Training Esttd./ Station HQ under Ministry of Defence.
4. Important Office Bearers of Registered Trade Unions should be granted the status of “Protected Workman” under the provision of the Industrial Dispute Act 1947 and Industrial dispute (Central) rules, 1957.
5. “Head of Departments” should be empowered to decide the “ Hazardous Operations” for the purpose of Payment of “Risk allowance” in Min of Defence.
6. All the vacant posts in Group ‘B’, ‘C’ and erstwhile Group ‘D’ should be filled up without further delay.
7. CGEGIS benefits should be enhanced so that minimum insurance be enhanced to Rs 15 Lakh.
8. Medical Cashless facility should be extended to all the serving employees.
9. DOP&T should clarify that promotion/up gradation granted under the ACP scheme in the post to those grades which now carry the same grade pay/ level due to merger of pay scale/ up-gradation of posts recommended by the 7th CPC shall be ignored for the purpose of granting up-gradation under MACP.
10. Grant of One Increment on the notional basis regarding the calculation of all pensionary benefits to the employees retiring on 30th June and whose DNI is 1st July.
11. Cadre review of MTS employees under Min of defence for providing the opportunity of promotional avenues.
12. Govt has decided to Benchmark ‘Very Good’ for the purpose of MACP on the recommendation of 7th CPC. The decision has led to the exploitation of employees. Therefore the decision should be considered for MACP.
13. Employees should be given the option to Opt MACP whether from 01-01-2006 or 01-09-2008 whichever is more benefits to them.
14. All the employees should be granted the benefits of the old pension scheme viz CCS (pension) rules 1972 if their appointments are based on the vacancies notified prior to 01-01-2004 viz the date of implementations of National Pension System (Earlier Known as New Pension System). It is worth to mention here that various Hon’ble CATs/High Court have delivered Judgements in favour of likewise employees.
15. Govt is the largest litigant in this country. To reduce the litigation the benefits under Judgement pronounced in a matter should be extended to all similarly placed employees.
16. Correlation of hourly rate of industrial workers (Piece Worker) of OFB based on 7th CPC Pay Scale with the effect of 01/01/2016.
17. Scrap New Pension Scheme (NPS) and reintroduce the Old Pension Scheme CCS Pension Rule 1972.
18. 5% recruitment quota should be enhanced for all dependents of deceased employees of Central Govt. and with the giving, one-time relaxation to all awaited dependents should be provided Job.
19. On the matter of Corporatisation of OFB under the working ministry of Defence should be reviewed and after restructuring these ordnance factories kept in the govt. entity.
20. The order of Corporatization to railway workshop returned back. The private sector should be kept out from the railway and the operation of the railway should be kept as a government entity so that the interest of economically weak citizens of India could be protected.
21. The decision of GOCO model of EME Base Workshop under MOD should be stopped and provide the workload to EME base workshop. Issue necessary orders to provide spare parts timely.
22. In various departments under MOD so many workers have been replaced and reverted on the behalf of restructuring, transferred employees are facing troubles in other places. Some institutions have been closed or merged. Therefore necessary action should be taken to stop these activities in DGQA, DRDO, and EME.
23. Policy formation for direct recruitment of trained trade Apprentice of Railway & Defence as per the amended provision of section-22 of apprentice act 1961.
24. MACP should be provided in a promotional hierarchy instead of the next pay level.
25. The Government employee should be permitted to change their Hometown / Permanent Address on two occasions instead of one.

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BPMS

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

CENTRAL OFFICE : 2·A, NAVIN MARKET, KANPUR-1
PH. &. FAX : (0512) 2332222

REF: BPMS/MoF/ TA/ 49(7/2/R)

Dated: 05.12.2020

To,
The Secretary (Expenditure) Government of India Ministry of Finance
North Block, New Delhi – 110 011

Subject: Clarification regarding admissibility of Transport Allowance during Nation- wide Lockdown due to Covid-19 Pandemic.

Sir,

We have for reference the letter cited under reference and submit the following:

An unprecedented situation arose due to Covid-19 due to which the Government took a very thoughtful decision to impose a Nation-wide lockdown w.e.f. 23/03/2020. Guidelines were thereafter issued from time to time on the matter.

As part of the Government decisions/guidelines, Government employees were directed to remain at home and continue rendering their services through the Work-From-Home mode.

In view of the above, the subject clarification is not only distasteful, contrary to existing rules, and contrary to Supreme Court Orders, but is a glaring example of non application of mind and therefore needs to be quashed.

We submit that extant orders on non admissibility are restricted to the following situation only in case of “Employees during absence from duty for a full calendar month due to Leave under any leave rules/Training/Tour etc…” implying due to personal reasons only.

In the instant case the employees were not absent but were “directed by the authorities” to work from home.

Without prejudice to the above, we draw your attention to the Judgement of the Hon’ble Supreme Court in CA No.11527 of 2014 (arising out of SLP (C) No.11684 of 2012 in State of Punjab and Others etc vs Rafiq Masih (White Washer) etc., and DOP&T Letter No.18/03/2015 Estt. (Pay-I) dated 02/03/2016 on the subject issue.

It may be pertinent to note that the Para 5 of the above cited DOP&T Instructions clearly mentions that the decision about recoveries has been taken after “express approval of the Department of Expenditure” on their OM dt. 06/02/2014.

In view of the above, it is requested that the subject letter may be withdrawn immediately.

Thanking yours,

(SADHU SINGH)
Vice-President/ BPMS
& Member National Council

Source: BPMS

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Joint Circular No. : 50/2020

Date : 01.09.2020

To,

All the affiliated Unions of
AIDEF, INDWF, BPMS

Demands for the one day strike and one week action programme by the Unions of MES, DRDO, DGQA, DGAQA, EME, NAVY, DRDO, AOC and IAF

Even though there are many issues agitating the minds of the Defence Civilian employees of the above Directorates, we have identified the following important demands of each of the Directorates to be placed as Charter of Demand for the one day strike on 19/10/2020 and for the one week protest programme from 07/09/2020 to 11/09/2020. The demands are to be enclosed with the Strike Notice.

DEMANDS OF MES EMPLOYEES

1) Withdrawal of unwarranted and arbitrary decisions of abolition of 9304 posts of MES.
2) Withdrawal of arbitrary application of APARs for Industrial Employees of MES.
3) Scrap NPS and reintroduce Pension Scheme under CCS(Pension) Rules 1972.
4) Grant of skilled pay scale to Valveman.
5) Merger of isolated posts of Lift Operator of MES with FGM.
6) Grant of Cadre structure to Meter Reader of MES on par with Workshop staff.
7) Grant of 4 grade structure to MTS of MES.
8) Review of posting/transfer policy of MES as per the suggestions put forth by the Federations.
9) Arbitrary framing of Recruitment Rules and Cadre Restructuring proposals etc. should be discontinued and all these major policy matters should be discussed with the Recognised Federations before finalisation.
10) All DPCs/Screening committee should be conducted timely, so as to ensure that Promotions/MACP are granted to the employees on due date.
11) Recruitment qualification for MTS should be either Matriculation or ITI and not both.
12) To ensure effective and periodical functioning of Army HQ JCM III Level council and the Additional Meeting Mechanism chaired by the JS(Works).
13) To provide Medical treatment to the Civilian Employees and the Dependents in the Military/ Command Hospitals.
14) To extend support and solidarity to the striking workers of Ordnance Factories against Corporatisation of OFB.

DEMANDS OF NAVY

1) Withdrawal of unwarranted and arbitrary decisions of abolition of 7485 posts of Navy.
2) Stop outsourcing of permanent and perennial nature of jobs.
3) Fill up all the vacant Civilian posts in the Navy immediately.
4) Scrap NPS and reintroduce Pension Scheme under CCS(Pension) Rules 1972.
5) Settle all the pending Cadre Restructuring proposals.
6) Grant of Compassionate appointments in a time bound manner without further delay.
7) All DPCs/ Screening committee should be conducted timely, so as to ensure Promotions/ MACP are granted to the employees on due date.
8) Immediate absorption of Ex-Apprentices of Navy under 60 : 40 Ratio.
9) Recruitment qualification for MTS should be either Matriculation or TI and not both.
10) Implementation of cadre restructuring of Ammunition Mechanic at the earliest with One Time Relaxation.
11) Arbitrary framing of Recruitment Rules, Cadre Restructuring, Transfer policy etc. should be dispensed with and all major policy matters should be finalised only in consultation with the Recognised Federations.
12) CGHS facilities to be extended to Defence Civilian employees of left out Units of Navy Mumbai.
13) Immediate allotment of GPRA Accommodation to the employees of Naval Dockyard Mumbai.
14) To ensure effective and periodical functioning of Navy HQ JCM III Level council and the Additional Meeting Mechanism chaired by the JS( Navy).
15) To provide Medical treatment to the Civilian Employees and the Dependants in the Navy/ Command Hospitals.
16) To extend support and solidarity to the striking workers of Ordnance Factories against Corporatisation of OFB.

DEMANDS OF DGQA

1) No restructuring of DGQA which affects the Organisation and its employees.
2) Convening of DPC for Promotion to the post of OS to AO, AO to SAO-II, SAO-II to SAO-I, SSS to SO and Senior Draughtsman to JTO(D).
3) Framing of SRO in respect of IEs and JEs as proposed by the JCM Sub-committee of DGQA.
4) Implementation of the Homogenous working hours and Overtime as approved by the DGQA.
5) Filling up of all the Civilian Posts which are lying vacant in DGQA Establishments.
6) Compassionate Transfer applications may be considered sympathetically by giving due consideration to their difficulties, such as Medical problems etc.
7) To ensure effective functioning of JCMIV level Council.
8) Scrap NPS and reintroduce Pension Scheme under CCS(Pension) Rules 1972
9) Payment of HRA to the employees without insisting on NAC at par with Ordnance Factory Employees.
10) To ensure effective and periodical functioning of DGQA HQ JCM III Level council and the Additional Meeting Mechanism chaired by the JS(LS)
11) To constitute a unified QA Agency under the Ministry of Defence.
12) To provide Medical treatment to the Civilian Employees and the Dependants in the Military/Command Hospitals.
13) To extend support and solidarity to the striking workers of Ordnance Factories against Corporatisation of OFB.

DEMANDS OF DRDO

1) Stop Revamping of DRDO labs and against the move of the Government to Corportaise PXE, Balasore and closure of many DRDO labs.
2) Stop FDI and 100% privatisation and stop entrusting 108 design and development project works of DRDO to private Industries.
3) Immediately comprehensive review of DRDO DRTC rules as per agreement reached with Federations on 13/02/2016.
4) Immediately finalise and implement Cadre Review of Admin, Stores, Steno, Accounts, Security, fire/FED, Vehicle Operator, Hindi Staff, paramedical, Canteen Staff and MTS categories.
5) Scrap NPS and reintroduce Pension Scheme under CCS(Pension) Rules 1972
6) Immediately hold review DPCs in respect of Admin and Allied categories to fill up all the existing vacancies.
7) Immediately conduct LDCE to fill up entry level vacancies of Admin & Allied categories among MTS cadre.
8) Immediately pay 20% PRIS to DRDO employees at par with DAE/DOS(ISRO) by ending discrimination.
9) Stop amendments Labour Laws and stop removal of DRDO from the definition of ‘Industry” from the IR Code 2019 Bill introduced in the Parliament
10) Restore ID Act to SBC and extend DRDO DRTC Rules to DRDO-ATVP SBC Cadre, Visakhapatnam.
11) To ensure effective and periodical functioning of DRDO HQ JCM III Level council and the Additional Meeting Mechanism chaired by the DG(HR)
12) Fill up all the existing vacancies and regularise the services of very large number of Casual/Contract/ Consolidate workers working in DRDO for years together.
13) Immediately settle LTC-80 (2013-14) package availed by the DRDO Employees as one time measure as per DOP&T Orders and remove physical, mental and financial tensions of effected staff.
14) To provide Medical treatment to the Civilian Employees and the Dependants in the Military/ Command Hospitals.
15) To extend support and solidarity to the striking workers of Ordnance Factories against Corporatisation of OFB.

DEMANDS OF EME

1) No GOCO Model in Army Base Workshops.
2) No Privatisation of spares/ Assemblies in EME Workshops.
3) Fill up all the vacant Civilian Posts.
4) Framing of Recruitment Rules and Cadre Restructuring of all category of employees in consultation with Recognised Federations.
5) Arbitrary decisions such as framing of RR, conversion of the Cadres into Centrally controlled etc., should be dispensed with and the issues on policy matters should be discussed with the Federations before finalising such policies.
6) Filling up of vacancies in MCM which is pending from 2005 onwards.
7) Scrap NPS and reintroduce Pension Scheme under CCS(Pension) Rules 1972.
8) To ensure effective and periodical functioning of Army HQ JCM III Level council and the Additional Meeting Mechanism chaired by the JS(O).
9) No displacement / transfer of employees from the existing workshops, no reversion in their grade and pay should be ensured as assured by the JS (Army) in the meeting held with the Federations on 9-3-2018.
10) To extend support and solidarity to the striking workers of Ordnance Factories against Corporatisation of OFB.

DEMANDS OF AOC

1. No closure of any Depots under AOC.
2. No GOCO model in COD Kanpur and other Depots.
3. Arbitrary decisions such as framing of RR, conversion of the Cadres into Centrally controlled etc., should be dispensed with and the issues on policy matter should be discussed with the Federations before finalising such policies.
4. Recruitment Rules after 7th CPC should be finalised in consultation with the Federations.
5. All the civilian posts lying vacant should be filled up immediately.
6. Scrap NPS and reintroduce Pension Scheme under CCS(Pension) Rules 1972.
7. Finalise and implement all cadre restructuring proposals of Industrial and Non Industrial Personnel.
8. To ensure effective and periodical functioning of Army HQ JCM III level Council and the Additional Meeting Mechanism chaired by the JS(O).
9. To provide Medical treatment to the Civilian Employees and the Dependants in the Military /Command Hospitals.
10. To extend support and solidarity to the striking workers of Ordnance Factories against Corporatisation of OFB.

DEMANDS OF AIR FORCE

1. Filling up of all Civilian posts lying vacant in the Air Force units.
2. Immediate approval of all the pending cadre restructuring proposals.
3. Scrap NPS and reintroduce Pension Scheme under CCS(Pension) Rules 1972.
4. To ensure effective and periodical functioning of Air HQ JCM III level council and the Additional Meeting Mechanism chaired by the JS(Air).
5. To provide Medical treatment to the Civilian Employees and the Dependants in the Airforce/Command Hospitals.
6. To extend support and solidarity to the striking workers of Ordnance Factories against Corporatisation of OFB.

DEMANDS OF DGAQA

1. Fill up all the civilian posts lying vacant.
2. Implement all the pending cadre restructuring proposals.
3. Scrap NPS and reintroduce Pension Scheme under CCS(Pension) Rules 1972.
4. To ensure effective and periodical functioning of DGAQA HQ JCM III level council and the Additional Meeting Mechanism chaired by the JS.
5. To provide Medical treatment to the Civilian Employees and the Dependants in the Military/Command Hospitals.
6. To extend support and solidarity to the striking workers of Ordnance Factories against Corporatisation of OFB.

One Week protest programme to be observed by the Unions of MES, DRDO, DGQA, DGAQA, EME, NAVY, DRDO, AOC and IAF.

1) 7/9/2020 Issue of Strike Notice after holding demonstration.
2) 8/9/2020 Publication of posters inside the units on the strike demands.
3) 9/9/2020 Publication of pamphlets and Gate Meetings.
4) 10/9/2020 Wearing of demand badges.
5) 11/9/2020 Wearing of demand badges and lunch boycott.

All the above programmes may be observed successfully by all the Affiliated Unions and reports may be submitted to the respective Federations.

FORWARDING OF THE RECORD OF DISCUSSIONS OF THE MEETING HELD IN THE OFFICE OF ADDITIONAL SECRETARY (DP) ON 28-08-2020 AT 16.30 HRS THROUGH VC TO INTERACT WITH FEDERATIONS OF OFB REGARDING THE STRIKE NOTICE.

The DDP have now issued the record of discussion of the meeting held under the Chairmanship of Additional Secretary (DP) on 28-8-2020 to discuss about our strike demands. A copy of the record of discussions of the meeting is enclosed as Annexure-1 of this joint circular. A copy of the Gist of Cabinet Secretariat letter dated 7-8-2020 about the constitution of Empowered Group of Ministers to oversee and guide the entire process of conversion of OFB into a PSU along with its terms of reference received from DDP is enclosed as Annexure-II of this joint circular.

(C. SRIKUMAR)
GENERAL SECRETARY
AIDEF 09444080885 defempfed@gmail.com

(R. SRINIVASAN)
GENERAL SECRETARY INDWF
09444125799 indwfrsrinivasan@gmail.com

(MUKESH SINGH)
GENERAL SECRETARY BPMS
09335621629 gensecbpms@yahoo.co.in

Record of Discussions of the meeting held in the office of Additional Secretary (DP) on 28.08.2020 at 16:30 hrs (through VC) to interact with the Federations of OFB regarding the strike notice

The list of participants is annexed.

2. At the outset, Additional Secretary (DP) welcomed the representatives of the three recognised Federations (AIDEF, INDWF & BPMS.). He stated that the three Federations have given a strike notice,to commence an indefinite strike from 12.10.2020 by the Defence Civilian employees of the OFs and DGQA units functioning inside OFs for various reasons/ demands. He mentioned that DDP has written a letter to the Federations dated 14.08.2020 to support the Government in the process of corporatisation and hot to go on strike. He added that the OFB has also communicated with the Federations at various levels to not go on strike but it is understood that the strike nofice has not been withdrawn. In this context, the present meeting has been convened. He informed about the decision taken by the Cabinet to corporatize OFB and about the order to constitute an Empowered Group of Ministers (EGoM) under the Chairmanship of Raksha Mantri to oversee and guide the entire process of corporatisation. He requested that to complete the entire exercise smoothly, the Federations should co-operate with the Government. Thereafter , he invited the Federations for their views, especially with regard to protection of their service benefits like pension.

3. The Federation representatives spoke one by one. Their views are summarised in the following paragraphs.

4. President, AIDEF thanked DDP for calling the meeting. He asked as to why the Government is corporatizing the Ordnance Factories . AS (DP) replied that it is a Government decesion. President, AIDEF states that the Federations have already written a number of times to Hon’ble PM and MoD about their decision to not accept corporatisation of OFB, giving detailed reasons and justification. However, the Government did not consider their representations at all and not even bothered to reply. Hence, the Federations have taken the decision to commence the indefinite strike, for which the workers have given the mandate through the strike ballot, as per the provisions of the ID Act. OFB and all its factories are under the direct control of the Ministry/DDP . All postings, right from Chairman to GM are being done by the Ministry only. All the policy decisions a.re also taken by the Ministry. In all these decision making processes, there is no role of either the workers or their trade unions. Therefore, if anything is Wrong with OFB, then Ministry is only responsible for the same. Hence, if at all Corporatisation has to take place, first it is the MoD/DDP which should be corporatised and not the Ordnance Factories. He mentioned that the Honble PM, during a defence industry outreach webinar on 27.08.2020, has said that OFs had been run like a “government department” for decades. He mentioned that OFs are responsible for their proouctioh activities at every stage and that the PM has not been briefed properly. He mentioned that Department has not provided any written confirmation of the assumed benefits of corporatisation, nor given any credible proof in support. He said that in case of corporatisation , the OFs will not be viable and will definitely be liquidated, sooner or later. He requested for a Expert Committee to be formed, with all stakeholders.

5. AS (DP) responded that relationship between the DDP and the OFB alongwith the workers/Unions/ Federations is a relation of equals. The Terms of Reference (ToRs) of the EGoM will be shared with the Federations (copy enclosed). One of the ToRs is regarding the financial support required by the OFB for sustenance. The employees will remain employees of a government entity. The only change is that the proposed entity will be a 100% government owned entity instead of a Government department.

6. General Secretary AIDEF stated that Secretary (DP) has given assurance during meeting with Federations on 28.07.2020 that their concerns against corporatisation would be urgently communicated to the RM. However, it is regretted that they have not received any feedback in this regard. Instead, the RM has announced during the above webinar that the corporatisation of OFB will be completed in a year. He stated that the Federations strongly protest against this. He reiterated the contention that all postings, right from Chairman to GM are being done by the Ministry only, so the concerned officials of the Ministry should be corporatized. He stated that the PM is not being correctly briefed by senior government officials. The government should not be a party to a decision of ruining an old and landmark institution. He mentioned that the Prime Minister in his speech on 27.08.2020 in a seminar on defence manufacturing has appreciated the workforce of the Ordnance Factories . Though, he has also made a statement that Ordnance Factories are in the process of becoming a corporation, which will strengthen the workforce of OFB and also the Army. However, the Prime Minister has hot given any details about how corporatisation is going to strengthen the workforce. In our view, corporatisation will rather damage the future of the workforce. Therefore , the senior officers who have written the speech of the Prime Minister should inform how the workers are going to be benefited by Corporatisation .of OFB, when the Government’s policy is to privatise PSUs, as told by Finance Minister during her announcement on 17.05′.2020. He also mentioned that DDP has never been kind and considerate towards OFB. No benefits and no relaxations , in official or HR domain, have been given to the organisation and the workforce over a long period of time . No cadre restructuring proposal has been approved in the last 20 years. 275 products of OFB were declared non-core and OFB was asked to compete with the private sector. The piecework correlation proposal of the 7th CPC is still pending with DDP. The demand for allotment of salary budget separately and not to link the same With the cost of the product, was accepted by the previous Secretary (DP) in a meeting with the Federations , and also in the presence of the Cabinet Secretary, in the National Council JCM meeting. However, the same has not been implemented. There will be no quorum for OF Board after 31.08.2020 , as Members posts are ‘lying vacant. The Government is not coming forward to understand the difficulties of the employees. Instead the government is planning to crush the strike through ESMA etc., which shows their intent. However, we will continue our fight democratically, as permissible under law. OFB is being attacked from all the corners by the vested interests. Even DRDO is being told not to handover new technology to OFB. How can it then be expected that the service conditions will be discussed, or given favorable consideratjon by the DDP now? The decision to convert OFB into a PSU i$ a clear violation of Article 14 and 21 of the Constitution. The Government is going ahead with its decision in violation of the written assurance given by the previous Defence Ministers, assurance given before the Parliament, and the DDP’s own statement before the Parliamentary Standing Committee. He stated that Armed Forces will now have to depend on crony capitalists to meet their requirements . We all know the fate of BSNL and SPMCIL. The government has decided to disinvest its share in HAL. Another DPSU namely BEML is being privatised. Therefore , knowing all these facts, the Federations cannot accept the decision of the government to corporatize Ordnance Factories. He claimed that if given a clear target well in advance, with 2 years roll on indent to start with, OFB will definitely reach Rs 30,000 crore target in 5 years.

7. President, INDWF stated that we expect DDP to act as a bridge to reach the Hon’ble PM and RM. He stated that if the PM can speak to FICCI, and .other industry associations, he should also speak to the workers. He said that the government is hurting the interests of the workers, and their emotions . He said that the RM too speaks highly of the OF workers . There is every reason that the PM and RM interact with the workers and the DDP should facilitate this interaction. He said that they would tell the PM and RM that the OFB is not viable a$ a corporate structure. OFs need to be saved in the interests of the nation.

8. In response AS (DP) suggested that since the government has already taken the decision to corporatize the OFs, and EGoM’ has been formed, the EGoM provides an opportunity to the Federations to interact with a group of ministers including the De.fence Minister, the Home Minister, Finance Minister, etc to put forth their suggestions to safeguard their interests.

9. General Secretary, INDWF stated that the Federations will never support the Government in the process of corporatisation. He said that there are 3 main demands of the Federations – a,) withdraw the decision to corporatise OFB, b) set-up an expert committee to study all the supposed drawbacks and help increase efficiency and output from OFB, and c) service matters of all the employees be protected and considered favourably, within the existing structure of OFB. He said that the government is promoting the private sector in those very areas of defence production where the OFB has a stronghold. However, there are several other areas of defence production Which can be tapped, and the government should encourage the private sector in those fields. He said that in the present structure, OFB is a Government department, which in no way means that the OFB is not an accountable/ responsible body. He pointed out that even MoD takes considerable time to decide on the proposals, and after examination at length, sometimes rejects it. If that does. not make MoD liable for corporatisation, the performance of OFB certainly does not call for corporatisation. There is no guarantee that the interests of the OFB will be safeguarded. In fact, the decisions like the labelling of OFB products as hon core give the opposite impressio , and make the workforce apprehensive about the intentions of the Government. India is a welfare state, however, this intent will be severely compromised, as the private sector is not interested in the welfare of its workforce , and gives far more importance to profits.

10. Vice President BPMS stated that our demand is that the Government should reconsider its decision and start dialogue with Federations on improvement of the performance of OFB, including achieving Rs. 30,000 crore production target within the present set-up. He stated that the OFs have not been provided with adeq1,1ate s1,1pport over a long period of time. He stated that in his khowledge, the PM has never visited an Ordinance Factory. From the PM’s views, it is evident that all the facts were not brought to the notice of the PM and RM by the MoD officials, before taking decision of corporatisation. The Government has taken the decision for corporatisation without discussion with the Federations. The country cannot depend upon the private sector and foreign companies alone for its defence. On the one hand DDP talks about autonomy to OFB, on the other hand there are deliberate attempts to destroy OFB. He pointed out that late Shri Jaitley, former Defence Minister had declined the proposal to increase the privatisation in defence. He said that the reports of the Committees were examined ‘in the Ministry, and it was deciqed not to go ahead with corporatisation . Late Sh Parrikar, former Defence Minister, stated in Parliament that there is no proposal to corporatize OFs-: He said that workload given to OFs is erratic and does not support regular supplies. Efforts by OFs to provide indigenous products have not been unjustifiably scuttled, for e.g. Parachutes by OPF, Kanpur. He stated that Corporatisation is against self-reliance. He reiterated the view that the Government may withdraw its decision on corporattsation of OFB’, give 5 years’ time to them to reach the production target of Rs. 30,000 crores, with timely workload. For this and other reforms within the present set-up, an expert committee may be constituted, with representatives from Federations also.

11. General Secretary, BPMS stated that responsive co-operation is our motto. He said that the proposed strike is not for bread-butter , but an action in the spirit of responsive co-operation. Several stakeholders and supporters had asked to go on strike, but in view of the national exigency notably Chinese threat, the strike was delayed. He stated that in future too, if the nation is under threat form the borders the Federations will give priority to the safety and security of the nation and will withdraw strike immediately. At present, all the unions have joined hands for saving the government sector in defence, namely the Ordnance Factories, DRDO, DGQA, Navy workers etc. He noted that the country is a socialist republic, and without a constitutional amendment, how is it possible to change the structure of a strategic organisation which adversely affects the spirit of the socialist republic. He congratulated and appreciated the PM for his speech during the webinar on 27.08.2020, however, he wondered whether the PM implied that the of family members were good, but the OF family was bad, which seemed contradictory. He concluded that the PM was given a misleading picture by senior government officials. He said that this is supported by the fact that the senior government officials/ policy makers have erred in policy making in the past. As an illustration , he pointed out that the FDI policy in the past has produced lukewarm results, providing just approx. Rs 41 crore from 2001-2018, and merely Rs 1 crore from Apr 2014- Mar 2018, in defence Sector. He stated that Defence Finance is also a challenge, as budget funds envisaged by MoD get stuck in Defence Finance. He said that nevertheless, the strike notice from the Federations stands, as corporatisation is net the solution to any woes.

12. AS (DP) reiterated that the Federations can put their issues before the EGoM. In reply, the Federation representatives pointed out that EGoM is a post-corporatisation exercise and they do not support this interaction. They mentioned that talking to EGoM would be like accepting the corporatisation. Hence, there is no point talking to EGoM.

13. There being no other point, the meeting ended with than.ks to the Chair.

List of Participants

DDP

1. Sh V L Kantha Rao,- AS (.DP) – in Chair
2. Sh Puneet Agarwal- JS (LS)
3. Sh C S Vishwakarma, Addi. DGOF & Mmber, OFB (through VC)
4 . Sh Sandep Jain- Director (P&C)

Representatives from Federations (through VC)

1. Sh S. N. Pathak, President/ AIDEF
2. Sh C.Srikumar , General Secretary/AlDEF
3. Sh Ashok Singh, President/ INDWF
4. Sh R.Srinivasan, General Secretary/ INDWF
5. Sh Sadhu Singh, Vice President/ BPMS
6. Sh Mukesh Srngh, General Secretary/ BPMS

GIST OF THE CABINET SECRETARlAT LETTER N0.143/1/3/2019-TS DATED 07.08.2020

Subject: Constitution of the Empowered Group of Ministers to oversee and guide the entire process of conversion of Ordnance Factory Hoard, a subordinate office of Ministry of Defence into one or more than one 100 % Government owned corporate entities.

The Cabinet Committee on Security (CCS) in its meeting held on 29.07.2020 considered the note dated 14-07-2020 from the Department of Defence Production regarding Approval to convert Ordnance Factory Board (OFB) a subordinate office of Ministry of Defence into one or more than one 100% Government owned corporate entities’ and inter alia approved the proposal for constitution of an Empowered Group of Ministers (EGoM) to oversee and guide the entire process including transition support and redeployment plan of employees while safeguarding their wages and retirement benefits .

2. The composition of the EGoM will be as under :

Minister of Defence – Chairperson.
Minister of Home Affairs.
Minister of Finance.
Minister of Law and Justice.
Minister of State (Independent Charge) of the -Ministry of Labour and Employment. Minister of State in the Ministry of Personnel, Public Grievance and Pensions.

3. The Terms of Reference of the EGoM will be as under :

1. Conversion of Ordnance Factory Board into, a single Defene Public Sector undertaking (DPSU) or as multiple DPSUs.
ii Transfer of non-production entities like Training Institutes, or Controllerates of Safety to the proposed entity/entities.
iii Matters related to various categories of employees (Group A, B and C) including protection of their salary and pension of existing employees, number of employees to be transferred to the proposed entity/entities terms of their transfer /absorption; responsibility of pension liability of pre-2004 employees, etc.
iv Grandfathering of orders already being executed by OFB and for which facilities have been created in OFB to ensure continuity in supply of strategic arms and ammunitions.
v. Financial support that may be provided to the entity/entities t0 make them economically Viable and self-reliant for purpose like working capital, modernization of equipment, settlement of employee dues etc.
vi. Treatment for land assets of OFB.
vii. Future of Indian Ordnance Factories Health Service.
viii. Any other related matter, as required.

4. The EGoM will be serviced by Department of Defence Production

Source: BPMS

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