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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10.3.12 The Commission has examined these concerns raised by the stakeholders. The Commission also interacted with Chairman, PFRDA, and representatives of the Department of Pensions and Pensioners Welfare (DPPW), Department of Personnel and Training (DoPT), Department of Expenditure (DoE) and the Department of Financial Services (DFS).

10.3.13 In so far as the future value of pension under NPS is concerned, the Commission notes that this would depend upon a combination of factors:

(i) performance of the invested fund, which in turn would depend on the asset mix of the investment and general economic situation of the country,
(ii) cost of financial intermediation,
(iii) contribution rates,
(iv) period of contribution,
(v) performance of the fund manager and
(vi) development of the annuity market.

Grievances against the NPS

The NPS has now been in effect for over 10 years. During this period, there has been perceptible progress in putting together the architecture and providing information to subscribers. Major concerns, however, remain. Broadly, these are as under:

i. The larger federations and staff associations advocated scrapping the NPS on the ground that it discriminates between two sets of government employees.

ii. Individuals covered under NPS have pleaded for reverting to the OPS on the grounds of uncertainty regarding the actual value of their future pension in the face of market related risks.

iii. Individuals have pointed out that under NPS, the effective salary becomes less since the employee has to mandatorily contribute 10 percent of pay towards the pension fund.
iv. Individuals have stated that grievance redressal facility is not effective and consultation with stakeholders has been non-existent. This communication gap has generated insecurity in the minds of stakeholders including staff and Group ‘A’ officers of Central Government as well as All India Service Officers.

v. Associations have complained that Family Pension after the death of the employee is not ensured in the NPS. Moreover, if an employee dies at an early age, the family would suffer since annuity from the contribution would be grossly inadequate.

vi. Individuals have complained that NPS subscribers have no recourse to GPF for their savings. Their personal savings (10% of salary) are considered part of a larger corpus. It has been pointed out that the justify approach would be to consider only government’s contribution and the returns earned on it as the effective amount available for purchase of annuities.

vii. Associations have pointed out that unlike the facility under GPF, it is not possible to take refundable advances under NPS, even to meet obligatory social expenditure. This forces employees towards increased indebtedness as they have to borrow from elsewhere.

viii. Grievances also relate to tax treatment under NPS. While contributions and accumulations in NPS are exempt, lump sum withdrawals from NPS at any time are
taxable at par with any other income. In addition, there is a service tax liability on any amount utilised for purchase of annuity.

ix. It has been pointed out that though NPS became effective from 2004, detailed instructions were issued only in late 2009 and in many cases the credit of contributions began from 2012. In the case of AIS officers in some States, contributions by the concerned State Government are yet to be fully made and deployed. The net result of this has been that contributions for the period 2004-2012 have not been made in full or have earned simple interest and did not get any market linked returns. Because of the prevailing confusion, contributions made by some AIS officer have been returned to them without interest. This will have a huge impact on the eventual corpus as the benefits of compounding were not available for the first 8 -9 years.

x. Individuals, in their presentation before the Commission, stated that annuities under NPS have no compensation for inflation unlike dearness relief under OPS. Further, in the case of OPS there is a revision in basic pension itself after every Pay Commission. This too is not available in respect of annuity of NPS subscribers.

xi. It has been pointed out that government employees are not given freedom of choice in choosing their fund manager based on performance and track record as the contributions are divided in a pre-specified ratio among selected Pension Fund Managers. It has been stated that government employees have no say in asset allocation
of their money.

xii. Concerns were raised that the contribution of 10% + 10% will not be sufficient to create a corpus which provides reasonable assurance that pension will be 50 percent of the last pay drawn.

Authority : http://7cpc.india.gov.in/

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BPMS Resolutions adopted in CEC Meeting held in Hyderabad

BHARATIYA PRATIRAKSHA MAZDOOR SANGH
(An All India Federation of Defence Workers)
(An Industrial Unit of B.M.S.)
(Recognized by Govt of India, Min of Defence)
Central Office: 2A, NaVin Market, Kanpur – 208001

REF: BPMS/ RESOLUTION/ 10(7/1/M)

Dated: 21.09.2015

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

Subject: Resolutions adopted in the Central Executive Committee meeting of BPMS.
Respected Sir,

With due regards, it is submitted for your kind information that the Central Executive Committee meeting of this federation has held on 08th & 09”” Sep. 2015 at Dr APJ Abdul Kalam Complex, DRDO Township, Kanchanbagh, Hyderabad and 03 Resolutions have been unanimously adopted by the CEO of the federation & the same are enclosed herewith for your kind consideration and further necessary action please.

This federation is in full hope to get favourable consideration in this regard.

Thanking you in anticipation.

Sincerely yours

(M P SINGH)
General Secretary

RESOLUTION No. 1: Payment of Gratuity to NPS Beneficiaries

In spite of our strong opposition, the Government has made the New Pension Scheme applicable to all recruits after 01-01-2004. While continuing our opposition to the scheme, BPMS have given several inputs from time to time to ensure that maximum benefit be given to the employees.
As a part of this, the entire bye-laws and other issues pertaining to the formulation of the New Defined Contribution Pension System (popularly known as the NPS) was studies and it was found that as per clarification issued by the Ministry of Finance (Department of Economic Affairs) the NPS is a replacement for only Pension, and thus, other benefits provided to employees like Gratuity remains constant i.e. the employees enrolled under NPS are also eligible for Gratuity as per provision of extant law.

After vigorously pursuing the issue, the Department of Pension & Pensioners Welfare had issued O.M. No. 38/41/06/P&PW (A) DT. 05-05-2009, with the approval of Cabinet to provide for Invalid Pension, Family Pension, Disability Pension, Extra-Ordinary Family Pension, Retirement Gratuity and Death Gratuity in respect of NPS subscribers on provisional basis.

Consequent thereof, BPMS has been consistently demanding that this “Provisional” basis be converted into a PERMANENT BASIS feature of the NPS. The Government has, now vide DC. No. 1(4)/E-2006 DT. 17-08-2015 of JS (Pers) of the Ministry of Finance (Department of Expenditure) circulated a note proposing that the budget for the payment of gratuity be projected from the office of the Controller General of Accounts.

Subsequently, the issue has been earmarked to various Ministries, who in turn have further asked comments from various channels.

The federation having taken stock of the present situation feels that asking comments etc. is not required on a Policy decision and demands that the feature of payment of Gratuity to all NPS subscribers upon Retirement or Death, be made a Permanent feature, without further loss of time.

This resolution is therefore, unanimously adopted at the Central Executive Committee Meeting of the Federation on September 08th, 2015.

RESOLUTION No. 2: Minimum Guaranteed Benefits under NPS

In spite of our strong opposition, the Government has made the New Pension Scheme applicable to all recruits after 01-01-2004. While continuing our opposition to the scheme, BPMS have given several inputs from time to time to ensure that maximum benefit be given to the employees.

Even after a lapse of more than 10 years since the arbitrary implementation of the scheme, the Government has failed to formulate a policy ensuring “Guaranteed Minimum Pension” to the subscribers of the NPS.

Having examine the issue in detailed, BPMS now demands that without any further waste of time, the Government should frame a policy to ensure that irrespective of the financial/market conditions at the time of Retirement and/or Death of the NPS subscriber, he should get a minimum guaranteed pension equivalent to FIFTY PERCENT of his last drawn Basic Pay plus dearness relief for neutralization of price rise.

This Central Executive Committee Meeting of the Federation held at Hyderabad, on September 08th, 2015, hereby RESOLVES, to call upon the Government to frame a policy to ensure that the NPS subscribers receive a minimum guaranteed pension equivalent to FIFTY PERCENT of his last drawn Basic Pay plus dearness relief thereupon at par with Central Government Employees/Pensioners.

RESOLUTION No. 3: One time relaxation & removal of ceiling for Compassionate Appointment

The Government has imposed an arbitrary limit of 5% only for filling up of vacancies on compassionate grounds, subject to several conditions. As a result of this decision, many families are living in distress and the very concept of helping the families of those employees who die in harness, stands defeated due to imposition of this ceiling.

The Federation has been taking up the issue at all levels to relax the ceiling to enable the deserving candidate get employment and thereby provide help to the families of the deceased. Having examine the issue in detailed, BPMS now demands that without any further waste of time, the Government should frame a policy to ensure that as a onetime measure, all existing cases of compassionate appoints are provided suitable employment assistance immediately.

This Central Executive Committee Meeting of the Federation held at Hyderabad, on September 08th , 2015, hereby RESOLVES, to call upon the Government to frame a policy to ensure that one time measure, all existing cases of compassionate appoints are provided suitable employment assistance immediately and to further scrap the artificial ceiling of 5% with immediate effect.

(M P SINGH)

Source: BPMS

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