The National Council Joint Consultative Machinery was formulated in order to present the demands of the central government employees to the Government and successfully negotiate with them to ensure their implementation.

Due to the efforts of the organization’s current Secretary, Mr. Siva Gopal Mishra, an exclusive official website for the employees of the National Council JCM Staff Side was launched. Although the website was launched last year, it has only now started gaining popularity among employees.

Creation of such official websites greatly diminishes the possibilities of rumours. These websites enable the dissemination of information to millions of employees in a very short time. It is also possible now for the employees to give their feedback on the news articles and latest developments, and share them with the rest of the world.

There is no doubt that these initiatives of the National Council JCM, to keep its members updated on its various activities via the internet, would receive tremendous response from one and all.

No.AIRF/405(VII CPC)

Dated: May 28, 2014

The Secretaries,

All Affiliated Unions,

Dear Coms.,

Sub: Feedback of AIRF’s Preliminary Meeting held with the VII CPC 

On the invitation of the Seventh Central Pay Commission for having Preliminary Interaction with All India Railwaymen’s Federation(AIRF), a delegation of the AIRF, comprising of Com. Shiva Gopal Mishra, General Secretary AIRF, Com. Rakhal Das Gupta, Working President AIRF, Com. Ch. Sankara Rao, Asstt. General Secretary AIRF and Com. J.R. Bhosale, Treasurer AIRF, met today, i.e. 28th May, 2014, the Seventh Central Pay Commission(Hon’ble Justice Shri Ashok Kumar Mathur, Chairman, Shri Vivek Rae, Member, Dr. Rathin Roy, Member and Ms Meena Agarwal, Secretary, Seventh Central Pay Commission) in Hotel Janpath(Camp Office of the VII CPC), New Delhi.

It was asserted by the AIRF that the Railwaymen are Industrial Workers and are governed by the Industrial Disputes Act, Factories Act and Hours of Employment Regulations etc.

It was stressed by the AIRF that, out of 7,000 railway stations, over 6,000 are road side stations where staff are bereft of all civic facilities like housing, electricity, drinking water, sanitation, medical facilities etc., and the education of their children suffers.

Indian Railways run 19,000 trains daily and additional train services are being introduced without developing

infrastructure and adding manpower, rather manpower is being reduced day-by-day. In spite of all impediments, there has been tremendous improvement in carrying goods traffic and passenger services.

AIRF further stressed that, the Railwaymen are working round-the-clock in all weathers and arduous conditions, even sacrificing their lives to keep the lifeline of the nation(Indian Railways) in operation. On the one hand it used to be said that we(the Railwaymen), are the second line of defence, on the other, when the issue of Wage Structure and Allowances comes, the Railwaymen always get raw-deal, saying, they are “Common Categories”. Quoting examples of the Running Staff, Technician, Technical Supervisor, Operating & Commercial Staff, AIRF asked, where we are common? The VII CPC agreed that they would definitely look into these aspects while deciding wages and allowances of the Railwaymen.

It was impressed upon to the Seventh Central Pay Commission that AIRF would lead broad categories/ departments’ representation to VII CPC during oral evidence.

It was also stressed that the Seventh Central Pay Commission should consider the matter of granting Interim Relief as well as merger of Dearness Allowance with the Pay.

The Members of the Pay Commission, mainly the Chairman himself, interacted with AIRF’s representatives. The Pay Commission gave patient hearing and assured that they could understand the complexity and gravity of the Railway Industry, devotion and dutifulness of the Railwaymen and would try to administer justice to the Railwaymen by way of their recommendations.

Thereafter, representatives of the Staff Side, National Council (JCM), lead by Com. Shiva Gopal Mishra, Secretary, Staff Side, National Council(JCM), along with Com. Rakhal Das Gupta, Com. Ch. Sankara Rao and Com. J.R. Bhosale, Members, Standing Committee, NC/JCM/AIRF, held discussions with the VII CPC.

The issues of Fixation of Wages, allowances and the matters of Anomalies of VI CPC, Scrapping of New Pension Scheme, Promotional Policy, General Grade Structure along with the demands of Interim Relief and Merger of Dearness Allowance with the Pay were raised by the Staff Side, NC/JCM. Apart from AIRF representatives, in the delegation, Coms. M. Raghavaiah, Guman Singh, S.N. Pathak, S.K. Vyas, Sri Kumar, K.K.N. Kutty and B.C. Sharma were also present on the occasion.

The Chairman, VII CPC, on persistent demand of the Staff Side, NC/JCM, suggested that the Staff Side can submit separate Memorandum on Interim Relief and Merger of Dearness Allowance, so that VII CPC can seek necessary advice from the Government, as to how to deal with these issues since there has been no specific reference in the matter from the Government to VII CPC on these subjects.

It was decided that detailed memorandum on behalf of Staff Side, National Council(JCM) should be submitted by 30th June 2014, and all the departments, like Railways and others should submit their memorandum by 15th July, 2014.

This is for your information and giving wide circulation amongst all sections of the Railwaymen.

Comradely yours,

sd/-

(Shiva Gopal Mishra)

Source: AIRF

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

Dated: 05.05.2014

To,

Shri Shiva Gopal Mishra,

Secretary, Staff Side,

National Council JCM,

New Delhi.

Subject: Agenda for next meeting of the Standing Committee of the National Council JCM: Grant of MACP benefit to the eligible employees in the Hierarchy of promotional grade.  

Dear Sir,

I have come to know that a meeting of the Standing Committee of the National Council JCM is scheduled to be held on 07.05.2014 under the Chairmanship of Secretary (P). Being a constituent of National Council (JCM) but not of Standing Committee, I would like to submit one of the issues regarding grant of MACP benefit in the hierarchy of promotional grade instead of hierarchy of grade pay.

An affected employee had challenged the Government’s decision on the subject vide his O.A. No. 1038/CH/2010 in CAT Chandigarh and that the Hon’ble CAT Chandigarh vide its order dated 31.05.2011 granted the prayer of the petitioner and directed the authorities to grant MACP benefit in the hierarchy of promotional grade. Thereafter, the Union of India represented by the Secretary, DoP&T appealed to the Hon’ble High Court of Punjab and Haryana vide CWP No. 19387 of 2011. This appeal of the DoP&T was subsequently dismissed vide order dated 19.10.2011. The Government thereafter approached the Hon’ble Supreme Court vide SLP No. 7467/2013, the Hon’ble Supreme Court dismissed the said SLP. In view of the above, the issue now stands settled that eligible employee needs to be given MACP benefits in the promotional hierarchy only.

Recently, CAT Principal Bench has issued direction on 12.03.2014 in OA No. 864/2014 that once an order has been passed by this tribunal and it has also been upheld at the level of the Supreme Court, there is no question of waiting for an approval from any Govt. department for implementation of the same.

 Further, your attention is invited to Para 126.5 of 5th Central Pay Commission which reads as under:

Extending judicial decisions in matters of a general nature to all similarly placed employees. – We have observed that frequently, in cases of service litigation involving many similarly placed employees, the benefit of judgement is only extended to those employees who had agitated the matter before the Tribunal/Court. This generates a lot of needless litigation. It also runs contrary to the judgment given by the Full Bench of Central Administrative Tribunal, Bangalore in the case of C.S. Elias Ahmed and others v. UOI & others (O.A. Nos. 451 and 541 of 1991), wherein it was held that the entire class of employees who are similarly situated are required to be given the benefit of the decision whether or not they were parties to the original writ. Incidentally, this principle has been upheld by the Supreme Court in this case as well as in numerous other judgments like G.C. Ghosh v. UOI, [ (1992) 19 ATC 94 (SC) ], dated 20-7-1998; K.I. Shepherd etc. Accordingly, we recommend that decisions taken in one specific case either by the judiciary or the Govt. should be applied to all other identical cases without forcing the other employees to approach the court of law for an identical remedy or relief. We clarify that this decision will apply only in cases where a principle or common issue of general nature applicable to a group or category of Government employees is concerned and not to matters relating to a specific grievance or anomaly of an individual employee.

Contrary to above, DoP&T has replied (letter No. No. P-26012/5/2011-AT, 19.08.2013 & No. P-13025/11/2014-AT, dated 04.04.2014) under RTI Act that the SLP was dismissed on technical grounds and not on merit, hence, the Department had decided to implement the order dated 31.05.2011 of CAT Chandigarh Bench for grant of financial upgradation in the promotional hierarchy under MACP to Shri Rajpal on personal basis not to be treated as a precedent

The stand taken by DoP&T is a matter of great concern for the trade unions as whether Govt of India wants to add 35 Lakh more court cases filed by each and every Central Government Civilian employees where the courts are already overloaded and several lakhs of litigants are waiting for judgment for decades.

You may be agree that the JCM Forum has been evolved for promoting harmonious relations and securing the greatest measure of cooperation between the Government, in its capacity as employer, and the general body of its employees in matters of common concern and increasing the efficiency of the public service. Hence, it is our moral and legal responsibility to protect the rights of our fellow members through JCM forum also.

Therefore, you are requested to add the above agenda point in the meeting and try your level best to prove the worthy of existence of this National Council (JCM) by resolving the issue without further delay and litigations in the interest of employees.

Thanking you.

 Yours Sincerely

 SADHU SINGH 

 Member, National Council (JCM) &

 Organizing Secretary/BPMS

Source: www.bpms.org.in

[http://bpms.org.in/documents/macp-3-3r71.pdf]