No.45018/1/2017-Vig.
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 26th March, 2019

Subject: Proposed Protest by Government Employees from March 15, 2019 to March 30, 2019 to protest against National Pension Scheme (NPS) and to demand hike in Minimum pay and fitment factor under 7th Central Pay Commission – Instructions under CCS (Conduct Rules), 1964 – Regarding.

It has been brought to the notice of the Government that a forum by the nomenclature of National Joint Council of Action (NJCA) has decided to organize protest from March 15, 2019 to March 30, 2019 to protest against National Pension Scheme (NPS) and to demand hike in Minimum pay and fitment factor under 7th Central Pay Commission

The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike/protest including mass casual leave, go slow etc. or any action that abet any form of strike/protest in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(I) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike/protest.

There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgements that going on a strike/performing any sort of protest is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with law. Any employee going on strike/protest in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department’s O.M. No.33012/1/(S)/2008 Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed Dharna/demonstration, and ensure that the willing employees are allowed hindrance free entry into the office premises.

In case employees go on protest anytime during the period 15.03.2019 to 30.03.2019, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty during the period of said protest, i.e. from 15.03.2019 to 30.03.2019.

Sd/-
(Juglal Singh)
Deputy Secretary

Source: DoPT

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Comrades,

Today none of the 7th CPC related demands of Central Government Employees are settled. The assurance given by the Group of Ministers to the NJCA leaders regarding increase in Minimum Pay and Fitment formula is in paper even after a lapse of 20 months. Now the Finance Minister has replied in Parliament that “no change in Minimum Pay and Fitment formula is at present under consideration”.

To avert the 11th July CG employees strike the Hon’ble Prime Minster had instructed the group of Hon’ble Ministers including Shri Rajnath Singhji, Hon’ble Home Minister, Shri Suresh Prabhuji , Hon’ble Railway Minister and Shri Arun Jaitelyji , Hon’ble Finance Minister to hold discussions with the Staff Side (JCM) on 30th June 2016 and the Shri Arun Jaitelyji , Hon’ble Finance Minister had published a written assurances in the Government website on 6th July 2016 leading to deferment of the strike .

Pay Commission Objective: It is the endeavour of every pay commission to ensure that the pay and allowances of employees should be ‘fair and reasonable’. The pay structure should also motivate the employees to reasonable levels of performance in the tasks assigned to them, so that the general public derive the benefit of their service as intended.

Our demand of revision of Minimum Pay and Fitment formula is quite justified.

Comparison of earlier wage hike we can observe that the fitment factor of 2.57 times is the lowest comparing to other pay commissions. If we make a study of earlier pay commission.

Comparative picture of pay of Central Government and State Government in regards to minimum wage as on 1.7.2017

Many of the State Governments are following the Central Government pay scales, but a few state Governments have improved upon the Central Government pay scales. The examples are as under:

The financial position of the Central Government is very good. Even the GDP (Gross Domestic Product) has shown increase in last few years which is around 7% , the Indian economy is fastest growing and placed 7th in the world ( which is at 2,250.987 billions of $ ), comparing to wages paid in the world our wages are at lower level. The Government fiscal budget deficit equal to 3.50 percent of the country’s Gross Domestic Product in 2016. Compared to 2008 where the fiscal deficit was at 7.8%, but today the fiscal deficit is contained at 3.5%. This is also a healthy sign of the economic status of the Central Government financial status, the budget fiscal deficit is always below 4%.

Direct tax collections in 2017-18 at Rs 9.95 lakh crore, exceeded the revised budgetary target of Rs 9.8 lakh crore. Also, 6.84 crore income tax returns filed in the year against 5.43 crore in the previous year signalling a rise of 26% . A net of 99.5 lakh new assesses were added to the tax net.

Net collection from corporate tax went up 17.1 per cent while that from personal income tax rose 18.9%.

The revenue collection from Goods and Services Tax (GST) exceeded Rs 1 lakh crore in April 2018, GST revenue collected in April 2018 came at Rs 1,03,458 crore.

With the improved economic climate, introduction of e-way bill and improved GST compliance, GST collections would continue to show a positive trend.

The wage bill of the Central Government on in its employees is less than 10% or 3.4% of the GDP, which is less compared to various countries world wide .

Vacancy of the Central Government is about 15% , more than 4 lakhs vacancies are existing in the Central Government the work load is being carried out by the existing employees. The Government being a model employer should pay for its employees and motivate them to work more for implementation of its policies.

Hence due to the improved revenue earning of the Central Government, as assured to the staff side JCM by the Group of Ministers in respect of increase of Minimum Pay and Fitment formula, the Central Government should increase the Minimum Pay and Fitment formula.

Source: COC Karnataka

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7th Pay Commission Employees unions to meet today on minimum pay hike

Central government employees unions leaders will meet today to discuss their demand of minimum pay hike.It will be the meeting of the Standing Committee Members of Staff Side, National Council JCM over the demand of hiking minimum pay beyond the 7th Pay Commission recommendation.

National Council (staff Side) Joint Consultative Machinery (JCM) is an umbrella organisation of various Central Government employees’ unions, including Railways, post and telegraph and Income Tax.

In wake of DoPT letter letter, Shiva Gopal Mishra, Secretary National council (staff Side), Joint Consultative Machinery has called for the meeting to give proper reply to the Department of Personnel and Training (DoPT).

DoPT letter dated October 30, addressed to Shiv Gopal Mishra, Secretary, Staff Side, National Council JCM stating that the demand for increase in minimum Pay and fitment formula do not appear to be treated as an anomaly, therefore, these do not come under the purview of National Anomaly Committee (NAC).

However, National Anomaly Committee (NAC) has been formed in September, 2016 to look into pay anomalies arising out of the implementation of the 7th Pay Commission’s recommendations and the government had said the NAC would discuss any pay hike agenda.

Earlier, Finance Minister Arun Jaitley had promised with central government employees unions’ leaders in Home Minister Rajnath Singh’s house on June 30, 2016 for hiking Pay and fitment formula through the appoint of a High Level Committee, when the unions had threatened to carry out an indefinite strike on July 11, 2016.

The High Level Committee has not yet been constituted, while the Cabinet cleared the 7th Pay Commission recommendations on June 29, 2016.

Shiva Gopal Mishra Secretary National council (staff Side) JCM is also planning to meet PM Modi to raise the minimum pay hike issue before him.

Accordingly, he said, “We have faith in Prime Minister’s office, we have faith in PM Modi. We are sure that in order to maintain good industrial relations in the country, PM Modi will find an alternate solution.”

Media reports already stated that minimum pay and fitment factor beyond 7th Pay Commission recommendation was under consideration of the Central government and NAC was likely to recommend minimum pay hike to Rs 21,000 from existing Rs 18,000 and fitment factor to 3.00 times from existing 2.57 times, but DoPT letter now says minimum pay and fitment factor doesn’t come under the purview of the NAC.

The Unions have been demanding minimum pay Rs. 26,000 instead of Rs 18,000 with 3.68 fitment factor.

TST

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“There is no scope for them anymore to continue this story and decided to end this up with the note of ‘there is no scope for change in Minimum Pay‘.

There is a strong reason to come up with the title for this article as ‘Minimum Pay and Fitment Factor Stories suddenly ended in anticlimax‘. Because many websites kept writing that Minimum Pay will be increased to Rs.21000 in January 2018. As we didn’t find any truth in that stories we haven’t said anything about this as it may lead the people to have false hope. Instead, we published 4 articles which claimed firmly that there was no such proposal under consideration of Government.

Finally those who cooked up a story entitled ‘Govt to Announce Minimum Pay Increase to Rs.21000‘ and writing about it on day to day basis, have come forward to end this story with a note of No Scope for change in Minimum Pay. Because they clearly know it was a fake news. But some news websites who believed that this cooked up story might be true, started writing numerous article about increasing of minimum pay from Rs.18000 to Rs. 21000 and said “Good news would come after January 2018”

As January 2018 is nearing, people started asking the Leaders of Unions and Associations the following questions. is it true? Is there any proposal as such under consideration of Central government? The NC JCM Staff Side Leaders hesitated to answer this question because they were afraid of that any negative reply will backfire them.

But there was no sign of announcing Minimum Pay increase. The rumour mongers smelled the frustration of Government servants on Minimum Pay increase as it is not going to happen in January 2018 . So they started writing again that Minimum Pay will be increased after April 2018 as Anomaly Committee is going to submit its report to the Government on Minimum Pay issue after January 2018.

Now all the bridges to Minimum wage issue are burnt for them after DoPT has clearly said in its Letter to NCJCM Staff Side that the issue of Minimum Pay Increase and Revising Fitment Factor and Allowances effect date are not anomalies. According to the DOPT Letter No. F.No.11/2/2016-JCA-1(Pt.) dated 30th October, 2017, it is stated that these three important issues are not in accord with the three postulates which, as described in DoPT’s 0M. No. 11/2/2016-JCA dated 16th August, 2016 and 20th February, 2017 for treating them as Anomaly.

So Minimum pay and Fitment Factor issue will not be treated as a case of anomaly and it will not be taken up in national Anomaly Committee for discussion.

So there is no scope for them anymore to continue this story and decided to end this up with the note of ‘there is no scope for change in Minimum Pay‘.

But the Committee which is constituted to Examine the Demand of revising Minimum Pay has not held any meeting to discuss this important issue. And also, it was stated in the DoPT’s Letter that Effect date of Allowances should be decided by the Central Government and hence the NC JCM Staff Side should take up this issue to the Government.

So the ways and means for settling these issues are not ruled out yet. Now it is up to the Federations, to what extent they are serious to pursue this issue to get this done either through negotiated settlement or protest.

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The pay rise, the finance ministry says, should take place in January, and would mean a pay rise for 4.8 million central government employees and 5.5 million pensioners. If the government decides to implement the rise, which it may do after the completion of Gujarat and Himachal Pradesh assemblies poll process, it would be the second successive pay hike, and would bring the real value of the minimum pay back in line.

A top Finance Ministry official, who did not wish to be named, indicated the government will be taking the proposal seriously, but cannot implement the pay rise now, it will be decided after the Gujarat and Himachal Pradesh assemblies elections.

This would represent minimum pay rise of Rs 21,000 for central government employees. If this recommendation were accepted, the value of the minimum pay would be higher than the recommendations of the 7th Pay Commission of Rs 18,000 and the government is now making good progress towards restoring the value it lost during the previous period of its cabinet nod, he said.

The National Anomaly Committee (NAC), which has been formed to look into pay anomalies arising out of the implementation of the 7th Pay Commission’s recommendations, has to strike a delicate balance between what is fair for employees and what is affordable for the government, without costing jobs. It does so impartially and without political interference. It is important that it is able to complete to do its work before Gujarat and Himachal Pradesh elections, he added.

A rise in the minimum pay would be a good political move for the BJP, as it would bolster their argument on the cost of living debate for benefit poor and middle class, where Congress said that Modi government gave India achhe din with a broken GST and failed note ban.

Prime Minister Narendra Modi has killed the country’s economy by firing “double tap” shots of note ban and GST into it, Congress vice president Rahul Gandhi said.

The economic experts are also worried about the GST and note ban’s effect on exchequer. If such a situation is not chaos, then how is government going to implement minimum pay Rs 21,000?

But the official has said that it is possible for the minimum pay to jump up to Rs 21,000 with fitment factor 3.00 to reap political gains for BJP in future, but such a rise is less likely now the the central government employees unions’ demanding for hiking minimum to Rs 26,000 with fitment factor 3.68. If fitment formula is tinkered with 3.00, the salary and pension in general for all segments of employees will go up.

Earlier, the government had given nod minimum pay from Rs 7,000 to Rs 18,000 per month with fitment factor 2.57 on the recommendations of the 7th pay commission. Finance Minister Arun Jaitley had also promised to raise minimum pay in a meeting with the central government employees’ unions leaders on June 30, 2016, the day after the cabinet approval of the 7th Pay Commission’s recommendations.

TST

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Revise allowances including HRA with effect from 01.01.2016 – Mass Dharna 23rd MAY 2017

MASS DHARNA IN FRONT OF FINANCE MINISTER’S OFFICE, NEW DELHI
EMPLOYEES & PENSIONERS COME IN LARGE NUMBERS
AND MAKE IT A GRAND SUCCESS

HONOUR THE ASSURANCE GIVEN BY GROUP OF MINISTERS ON 30.06.2016

• Increase minimum pay and fitment formula.
• Revise allowances including HRA with effect from 01.01.2016.
• Grant option-I pension parity recommended by 7th CPC.
• Revise pension and grant dearness relief to autonomous body pensioners
• Implement positive recommendations of Kamlesh Chandra Committee on Gramin Dak Sevaks. Grant Civil Servant Status.
• Regularise all Casual, Part-Time, Contingent and Contract Workers and grant equal pay for equal work.
• Remove stringent conditions imposed for grant of MACP etc.

All affiliated organisations and COCs are once again requested to mobilise large number of employee and pensioners as per quota fixed in the last circular and make the programme a grand success.

S/d,
(M. Krishnan)
Secretary General
Confederation
Mob& WhatsApp – 09447068125
Email: mkrishnan6854@gmail.com

Source – http://confederationhq.blogspot.in

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UPDATE ON STANDING COMMITTEE MEETING OF NATIONAL COUNCIL JCM HELD ON 03.05.2017.

Meeting of the Standing Committee of National Council (JCM) held on 03.05.2017. Only Action Taken Report (progress report) on old items discussed in the Standing Committee meeting held on 25.10.2016 was discussed from 3 to 7 PM.

The protest of the staffside regarding abnormal delay in implementation of revised allowances from 01.01.2016 , increase in minimum pay and fitment formula , Option -1 parity of Pensioners , revision of pension and grant of dearness relief to autonomous body penioners etc was conveyed to Secretary , Department of Personnel who chaired the meeting. The proposed move to close down DGS&D was also raised.

To discuss the new items another meeting will be held shortly.

On behalf of Confederation Coms: K.K.N.Kutty , M.Krishnan and M.S.Raja attended. Cabinet has approved the parity in pension recommended by the Pension Committee constituted by Govt w.e.f.01.01.2016. (whether it is 5th CPC recommended parity can be confirmed only after seeing the orders).

It is confirmed that Option-1 recommended by 7th CPC is rejected.

M.KRISHNAN
Secretary General
Confederation.

Source: Confederation

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The undersigned is directed to refer this Directorate OM No.2-53/2011-PCC dated 22.01.2015 vide which rate of remuneration payable to Full Time Casual Labour (Other than Temporary Status) Part time Casual Labour/Workers engaged on contingency basis w.e.f 01.01.2006 was issued. The para No.s 1 (i) & (ii) of ibid OM have been exmined for revision of remuneration payable to these casual labourers w.e.f 01.01.2016 in consultation with DoP&T and the DoP&T has clarified that:

Minimum pay for Calculation of pay of Casual Labourers ( without temporary status) may be considered as the minimum Pay of Level 1 of the Pay Matrix as per the recommendations of 7th Pay Commission i.e.Rs.18000/-

2. It may be ensured that the concerned casual Labourers are engaged in strict adherence to the DoP&T OM No.49019/1/95-Estt-(C) dated 14.06.2016 (Copy attached).

This may be brought to the notice of all concerned.

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The central government is well aware of the fiscal trap pay hike largesse portends.

The 33 lakh-strong central government employees are peeved with what they perceive to be a niggardly increase granted by the 7th Pay Commission vis-à-vis the earlier pay commissions and accepted with alacrity by the central government.

The government though has averred that it is “not appropriate” to compare the increase in minimum pay suggested by the 7th Central Pay Commission with that of the previous commissions. According to the 7th Pay Commission, the real increase given in 1996 and 2006 in minimum pay was 31 per cent and 51 per cent.

As compared to that, the commission recommended an increase of 14.29 per cent. In concrete terms, the minimum salary has been hiked from Rs 7,000 per month to Rs 18,000 per month. The central government employees want it to be fixed at Rs 26,000 per month (Source: India.com).

The central government is well aware of the fiscal trap pay hike largesse portends, given the real and grim possibility of state government employees making a clamour for parity with central government salaries.

A Hindu report, however, takes a more charitable view of things when it says that data compiled from multiple sources, including a 2008 official survey, Right to Information applications, media reports and the 2011 Census shows that India has 1,622.8 government servants for every 1,00,000 residents. In stark contrast, the US has 7,681. The central government, with 3.1 million employees, thus has 257 serving every 1,00,000 population, against the US federal government’s 840.

But then comparisons are proverbially odious. The US outdoes India in most government norms including judge-to-population ratio. While it is desirable to emulate the US, practical considerations including the size of the Indian population and the absolute number of employees make it veer towards caution.

Any egregious hike by the central government would have a precipitous impact not only on its finances but also on states, many of which are BJP ruled.

The central government is only following the template it laid down for itself when it boldly addressed the festering problem of the armed forces. While agreeing to one-rank-one-pension (OROP) norm in principle, it stood its ground and remained firm on ensuring this parity only every five years as against the unreasonable demand of every year.

At Rs 93,231 (Economic Survey report) for 2015-16, India’s per capita income for a month translates into an abysmal Rs 7,769 as opposed to what the central government employees have been offered – Rs 18,000. Mind you, the national average hides an inherent skew – the unorganised sector workers intuitively must be getting only half of the national average.

The point is the central government cannot be gung-ho about pay increases for employees coming under its jurisdiction given its ripple effect, in so far as similar demands from state government employees as well as the justified heart-burn it would cause among other employees especially in the unorganised sector.

Time was when public sector bank (PSB) employees got considerably more than central government employees. But successive pay commissions appointed by the central government have upset the PSB employees’ applecart. The sad truth is the central government pays out of the seemingly bottomless coffers of the consolidated fund of India whereas banks have to pay from their revenue and are answerable to their shareholders.

In any case, when the base is already large, further increases necessarily will have to taper down and be incremental. The 2006 increase of 51 per cent was indeed egregious. An encore of it in 2016 was just not possible.

As an aside, it must be pointed out that the central government job is no longer a cushy one, what with a demanding Prime Minister snapping at their heels. They are for the first time feeling the heat of the private sector motto – work hard, party hard.

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CONFEDERATION NATIONAL SECRETARIAT CALLS UPON ALL CENTRAL GOVERNMENT EMPLOYEES
Observe 6th March 2017
as
BLACK DAY

• Against the betrayal of Central Government employees and pensioners by Group of Ministers of NDA Government.
• Demanding increase in minimum pay and fitment formula.

Dear comrades

We know that all of you are in the midst of hectic preparation and campaign for making the 16thMarch Strike action a great success.  As has been explained in the article, which we have placed on our website, the NDA Government, led by BJP has exhibited the worst anti-employee attitude in the post independent  era of our country.  This Government has treated its own employees as its worst enemy. The decision taken by the Union Cabinet on 29th June, 2016 rejecting even the recommendations made by the high level committee chaired by the Cabinet Secretary was unprecedented. Even the setting up of various committees was nothing but an eye wash. Nothing will come out of that.  Even the NPS Committee on which the young comrades had pinned some hope of at least  getting a minimum guaranteed pension will produce nothing.  The discussions at the JCM fora has been converted into mostly monologues i.e. the official side simply listening and not reacting.  The Government, it appears, has made the Pension department to reject the one and only recommendation of the 7th CPC which was considered to be positive i.e. Option No.1 for pensioners on the specious ground that the same is not feasible to be implemented. The allowances committee has dilly dallied its deliberation and would now submit its report after the extended period of 6 months expires on 22.02.2017. Even if they make any positive recommendation, which is seldom expected, the NDA Government would not act upon it.  They have very successfully postponed the payment of the revised allowance for 15 months.

In the face of such terrible onslaught, betrayal and chicanery, which no Government in the past has every indulged in,  it is surprising that some of our friends who has a predominant role in the movement of the Central Government employees has unfortunately chosen to wait and watch.  It appears that they have chosen to wait endlessly hurting the cause of the workers.

We have no hesitation to affirmatively state the obvious that we have chosen the right path, the path of struggles, which can only the choice of the working class against tyrannical attitude of the employer, howsoever, powerful they may be. We must realize that those who are  in the saddle of power today are not permanently posted there. We were witness to the abysmal downfall of persons who were arrogant personified.  It appears that the reasonableness, righteousness and patience we had exhibited have been taken as signs of cowardice. The undeniable fact is that those who fight, only can win. We, therefore, appeal to you to carry on with conviction and courage.

Eight months will be over on 6th March, 2017, when the Group of Ministers held out the assurance of revisiting the minimum wage and multiplication factor.  It is now crystal clear that that was an act of chicanery.  No committee was set up and no discussions were held to seriously consider the issue.  We, therefore, appeal to all of you to ensure that the day, i.e. 6thMarch, 2017 is observed as a day of betrayal and all our members are requested to wear a Black badge with the following words inscribed on it in bold letters and conduct demonstrations in front of all Central Government offices.

HONOUR THE COMMITMENT MADE ON
30th June & 6th JULY, 2016
REVISE THE MINIMUM WAGE AND
MULTIPLICATION FACTOR

6TH March 2017 must be yet another occasion to mobilize our members to ensure their participation in the 16th March, 2017 strike action and ultimately win all the demands in the charter.

We fight to win and we shall win.

With greetings,
Yours fraternally,
(M Krishnan S/G Confd.)

Source: http://confederationhq.blogspot.in/

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