F. No. B-12012/1/2020-EHS
Government of India
Ministry of Health & Family Welfare
Department of Health Family Welfare
(EHS Section)

Nirman bhawan, New Delhi
Dated the 13th July, 2020

OFFICE MEMORANDUM

Subject: Minutes of the meeting with Staff Side, National Council.
The undersigned is directed to circulate herewith the Minutes of the Meeting with Staff Side of National Council (JCM) on the submitted agenda items, held on 09.07.2020 under me chairpersonship of Secretary (HFW). in Committee Room No. 155-A, Nirman Bhawan, New Delhi, for information and necessary action

(BIMAL KUMAR)
Deputy Sary to Government of India

MINUTES OF THE MEETING WITH STAFF SIDE, NATIONAL COUNCIL (JCM) ON THE SUBMITTED AGENDA ITEMS, HELD ON 09.07.2020 UNDER THE CHAIRPERSONSHIP OF SECRETARY (HFW)

A meeting was convened under the chairpersonship of Secretary (HFW) with Staff Side, National Council (JCM) on 09.07.2020 at 11:30 am, in Committee Room No. 155-A, Nirman Bhawan, New Delhi, on the agenda items pertaining to COVID-19 and other related matters of Staff welfare in respect of Central Government Health Scheme (CGHS) and Central Services (Medical Attendance) [CS(MA)] Rules, 1944.

List of participants is enclosed at Annexure – ‘A’.

2. The Chairperson welcomed all the participants. Opening the discussions, Secretary (HFW) thanked all central government employees who have been working tirelessly during the ongoing COVID pandemic to keep moving the work of Government. She also outlined the steps taken by the Ministry of Health & Family Welfare (MoHFW) regarding treatment and care of both Non-COVID and COVID positive patients during the pandemic period. After a brief round of introduction, Joint Secretary (CGHS) briefed about the agenda items raised by Staff Side and these items were taken up one by one for discussion.

At the outset, Shri Shiva Gopal Mishra, Secretary, National Council expressed his gratitude towards Secretary (HEW) for holding this Meeting at a short notice as well as proactively taking decisions for the benefit of central government employees. He also brought out the problems being faced by government employees.

Thereafter, discussion on the agenda began and action taken thereon is as under:

In addition to above, some other issues were also taken up for discussion, which are summarized below:-

(a) Provision of immunity boosting drugs/ medicines

Staff Side requested the Ministry to make arrangement for the supply of immunity boosting drugs/ medicines to the beneficiaries.

JS(CGHS) informed the Staff side that there are number of AYUSH dispensaries under CGHS and the beneficiaries may avail the services of these dispensaries to obtain such immunity boosting Homeopathy / Ayurveda formulations.

Also check: Ex-gratia compensation to the families of Central Government employees who died due to Covid-19 infection in performance of their duties

(b) Extension of Health Insurance facility under COVID-19 to all central government employees.

Staff side requested that the insurance scheme under COVID-19 provided to Health Care workers by the Ministry of Health & Family Welfare be extended to all central government employees.

On this, the chairperson apprised the Staff side that this is beyond the purview/ mandate of this Ministry.

(c) Different food charges levied by Railways empanelled hospitals

Staff side members raised the issue of different food charges being levied by Railways empanelled hospitals.

On this, the chair assured Staff side members that this issue would be forwarded to Ministry of Railways for action as deemed fit.

The meeting concluded with a vote of thanks to the Chair and the Participants.

Source: NCJCM

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Granting of one more option to switch over to 7th CPC from a date subsequent to 25th of July 2016

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
13-C, Ferozshah Road, New Delhi – 110001

Ref.No.NC-JCM-2017/fin

August 29, 2019

To

The Additional Secretary (Pers)
Government of India,
Ministry of finance,
Department of Expenditure,
North Block, New Delhi.

Sub: Granting of one more option to switch over to 7th CPC from a date subsequent to 25th of July 2016.

Ref: 1) Minutes of National anomaly Committee Meeting held on Tuesday 17th of July 2018, circulated Vide DOP&T OM No. 11/2/2016-JCA-I (Pt.), dated 31st Jan. 2019.

2) This office Lt. No.C-JCM-2017/fin., dt: 5th March 2019.

The Staff Side of the National Council (JCM) is repeatedly representing to consider the demand for granting of one more option to switch over to the 7th CPC pay scales on a date which is beneficial to the employees. Vide our letter referred at (2) above, the reference of the Judgment of CAT Bombay Bench in OA No.45/12 pronounced on 29/06/2017 was also referred. In this Judgment the CAT has directed to grant him option to switch over to 6th CPC from a date which is beneficial to the employee, since he has agreed to surrender the arrears already drawn. This Judgment was also implemented by CGDA.

In the meantime, the aggrieved employees of Ordnance Factory Ambajhari under the Department of Defence production, Min. Of Defence approached the CAT Bombay Bench claiming for grant of one more option to switch over to 7th CPC pay scale. After 25/07/2016/ option to switch over to 7 CPC as on date on increment on 01/07/2016. The CAT after hearing the parties have given a direction to the respondents to consider the representation of the applicants keeping in view the aforesaid DOPT OM dated 08/07/2019, through which the minutes of the Standing committee National Council (JCM) was circulated and has directed the DOP&T to take a decision on the subject matter within a period of 6 weeks from the date of receipt of the copy of the Judgement.

Since the matter is getting unduly delayed the affected employees have started approaching to Court of law to get their grievance settled. This defeats the spirit of the JCM scheme. I therefore request you to kindly arrange to issue Govt. orders for revising the option to switch over to 7th CPC pay scale on the following two situations:

1) Option to switch over to 7th CPC to those employees who are promoted/granted MACP after 25/07/2016.

2) Option to switch over to 7th CPC as on date of increment on 01/07/2016.

‘In this regard kindly refer to ‘the illustration given in our letter dated 22nd March 2018. (copy enclosed for ready reference). We request you to kindly arrange to issue necessary instruction in this regard without further delay.

Thanking you,

Yours faithfully,

(Siva Gopal Mishra)
General Secretary

Source: Confederation

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Shiva Gopal Mishra
Secretary

Ph.: 23382286
National Council (Staff Side)
Joint Consultative Machinary
for Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E Mail : nc.jcm.np@gmail.com

No. NC-JCM-2018/Fin. (Aco)

April 23, 2018.

Joint Secretary (Pers)
Department of Expenditure
Ministry of Finance
North Block,
New Delhi – 110 001.

Subject : Fixation of pay in the merged Pay Scale of Rs. 5000-8000 and Rs. 5500-9000 with Rs. 6500-10500 (5th CPC) in 6th CPC Pay Band-2 + Grade Pay Rs. 4200/.

Reference: Item No. 1, 2, 3 and 4 of the Minutes of the National Anomaly Committee held on 17th July, 2012 circulated vide DOP&T OM F.No. 11/2/2008-JCA dated 13th September, 2012.

Sir,
Kindly refer to Para No. 8.1 of the Minutes of the Meeting of the 6 th CPC National Anomaly Committee held on 17th July, 2012. This is with regard to Item No. 1, 2, 3 and 4 i.e. fixation of pay in revised Pay Scale. The Staff Side in the meeting has reiterated their demand that the pay in the incumbents holding the merged Pay Scale of Rs. 5000-8000 and Rs. 5500-9000 should have been fixed by applying the multiplication factor of 1.86 at Rs. 6500 w.e.f. 01.01.2006 implying thereby that the commencement point of the Pay Band-2 should be at Rs. 12090/- based on 6500 x 1.863 = 12090 instead of Rs. 9300/- computed by multiplying Rs. 5000 x 1.86. The Official Side has rejected the demand of the Staff Side and after discussion it was decided that on this issue a disagreement may have to be recorded for referring the same to arbitration. Even though it is more than 5 years after the above decision we are not aware that what action has been taken to implement the decision taken in the National Anomaly Committee Meeting.

In this situation the affected Central Government Employees working in different Ministries have approached Court of Law for getting justice. Recently the CAT Ernakulum Bench in its Order OA No. 180/00569/2014 delivered on 03rd of April, 2018 has upheld the demand of the Staff Side and has given the following direction to the Government of India. The relevant portion of the Judgment is given below for your kind information.

14. It has to be borne in mind that CCS (RP) Rules, 2008 is a Rule notified under the proviso to Article 309 of the Constitution of India made by the President and hence it has a statutory status in the eye of law. Therefore, any interpretation of the provisions in the said Rules has to be in terms of the Rules itself. Any O.M. issued by way of clarification, explanation or prescribing the modalities for fixation of initial pay of the Government Employees as per the revised pay structure can be only in terms of what is stated in the Rules.

15. As observed above, going by the definitions of the terms ‘existing basic pay‘ and ‘existing scale’ in the CDS (RP) Rules, 2008, Rule 7 fixation can be only in accordance with the afore-mentioned definitions of ‘existing basic pay‘ and ‘existing scale‘ only and not by way of administrative O.Ms and instructions contained in Annexure A-1 and Annexure A-2 communications. Therefore, we are inclined to quash and set aside Annexure A-1 and Annexure A-2 communications. We do so. We hold that the applicants are entitled to the declaration as prayed for and that the respondents should be directed to fix the initial pay of the applicants including all the members of Applicant No. 1 association in the revised pay structure by fixing their salary in the revised pay scale of Rs. 6500-10500 treating Rs. 6500/- as the existing basic pay as on 01.01.2006 with all consequential benefits. We order accordingly. This order shall be complied within 3 months from the date of receipt of copy of this order.”

In view of the above Judgement it is requested that without further prolonging the matter the above Judgment may be implemented by issuing a general instructions extending the benefit to all the similarly place Employees.

Awaiting for your favourable response please.

Thanking you,

Yours Faithfully,
(Shiva Gopal Mishra)
Secretary

Source: Confederation

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No.NC/JCM/2017

Dated: September 5, 2017

The Cabinet Secretary,
(Government of India),
Cabinet Secretariat,

Rashtrapati Bhawan,
New Delhi

Dear Sir,

Sub:- Long pending issues of the Central Government Employees

Ref.: My earlier letter dated 30.06.2017

I have discussed the issues creating mental agony in the minds of the Central Government Employees many a times and once again want to draw your kind attention for resolution of many long pending demands of the Central Government Employees.

National Pension System (NPS) has been raised by the Staff Side (JCM) many a times, the committee set up by the Government of India for reviewing NPS has also submitted its report, but we are not aware about the outcome of the same. Staff Side(JCM) has been of the firm view that there must be “Guaranteed Pension” for the employees recruited on or after 01.01.2004, and in case of their death/permanent disablement, their families should get Pension as per Old Pension Scheme.

All the Central Government Employees are anxiously waiting for recommendations of the Government of India for increasing Minimum Wage and improving Fitment Formula and inordinate delay in this regard is creating lot of frustration amongst them.

It is, therefore, requested that, you may please intervene in the above-mentioned issues and the same should be resolved in an amicable manner to avoid mental agony of the Central Government Employees.

With Kind Regards!

Sincerely yours

S/d,
(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)

Source : NCJCM

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No.NC/JCM/2017

Dated: September 6, 2017

All Constituents of National Council(JCM)

Dear Comrades!

 Sub: Brief of the meeting held today with the Cabinet Secretary, Government of India

Today I met the Cabinet Secretary (Government of India) and raised the issues pertaining to National Pension System (NPS), Minimum Wage and Fitment Formula, “Very Good” benchmark for MACPS and non-holding of meetings of the National Council (JCM).

The Cabinet Secretary said that, he is aware of the problems of the Staff Side (JCM) from time to time and particularly to this issue and will definitely try to resolve them.

Particularly on the issue of National Pension System (NPS) he said that, the issue is under active consideration of the Government of India and we are trying to find out some solution to the problems arisen because of the NPS.

The above is for your information.

 With Fraternal Greetings!

Sincerely yours

S/d,
(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)

Source : NCJCM

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Shiva Gopal Mishra
Secretary
National Council (Staff)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001

No.NC/JCM/2017

Dated: May 23, 2017

All Constituents of Staff Side(JCM)

Dear Comrades!

Sub: Brief of the meeting held today with the Cabinet Secretary (Government of India)

Today I met the Cabinet Secretary (Government of India) and handed him over a copy of our letter regarding inordinate delay in implementation of the report of the Ashok Lavasa Committee on Allowances.

Also shown him our anguish regarding other demands, pending with different committees, such as Minimum Wage, Fitment Formula and NPS, etc. etc.

The Cabinet Secretary said that, he has fixed date of 1st June, 2017 for perusal of the report of the Allowances Committee by the Empowered Committee, and soon after that, he will send a memorandum to the Cabinet for their consideration.

This is for your information.

Comradely yours,

sd/-
(Shiva Gopal Mishra)
Secretary (Staff Side)

Source: NCJCM Staff Side

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Shiva Gopal Mishra
Secretary
National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001

No.NC/JCM/2017

Dated: May 23, 2017

The Cabinet Secretary,
(Government of India),
Cabinet Secretariat,
Rashtrapati Bhawan,
New Delhi

Dear Sir,

Sub: Inordinate delay in implementation of the report of the Committee on Allowances

It is a matter of regret that, in spite of all the persuasions made by the Staff Side(JCM) there is inordinate delay in finalization of recommendations of the Ashok Lavasa Committee on Allowances. More than one year and three months have passed after implementation of the report of the VII CPC, but the employees are still getting allowances at the old rates as had been recommended by the VI CPC.

The Committee on Allowances took longer time while finalizing its recommendations, but it is a matter of deep regret that, even after submission of the report by the said committee, the same has not been made available to the Staff Side(JCM), therefore, we do not know what recommendations have been made by the said committee.

Staff Side(JCM), therefore, requests that the recommendations of the Allowances Committee should be made available to the Staff Side(JCM).

Moreover, it would be highly appreciated that, the Allowances should be implemented without any further delay, and the date of the implementation should be w.e.f. 01.01.2016.

With Kind Regards!

Sincerely yours,

(Shiva Gopal Mishra)
Secretary (Staff Side)

Source: NCJCM Staff Side

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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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GOVERNMET OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

Rail Bhawan,New Delhi-110 001,
dated:27.03.2017

No.2008/E(LR)I/JCM 1-1

The General Secretary,
NFIR.
3. Chelmsford Road.
New Delhi – 110 055.

Dear Sir,

Sub: National Council (JCM)-Nomination/ re-nomination of the Staff Side on behalf of National Federation of Indian Railwaymen.

Ref: NFIR’s letter No.IV/NC/JCM/Part IV dated 19.01.2017.

Ministry of Personnel, Public &Grievances and Pensions (Department of Personnel & Training) vide their O.M.No.1/3/2008-JCA-1 dated 27.02.2017has since conveyed the approval of the Competent Authority to the nominations/re-nominations of the following representatives of National Federation of Indian. Railwaymen as Staff Side members of National Council(JCM) on behalf of NFIR for a period of three(3) years with effect from 27.2.2017:

S/Shri
1. Guman Singh
2. M. Raghavaiah
3. R.P. Bhatnagar
4. K.S. Murty
5. J.C. Mahurkar
6. T.K. Chatterjee
7. B. C, Sharma
8. R.P. Singh
9. P.S.Suriyaprakasam
10. Ashok Sharma
11. Munindra Saikia

yours faithfully
(D.Mallik)27/3/2017
Director, Esst(IR)

Signed copy

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