A. Unresolved Items of the Earlier SCM held on 7.3.2019

Item Nos. and Ministry / Deptt.:  Item No. 43/19/SC MoHFW

Subject: Grant of one-time option to CGHS beneficiaries to opt for entitlement as per their revised Pay in Pay Band.

They were given ward facility below their entitlement, determined as per last pay drawn. The request is to give them their proper entitlement based on the notional pay in the pay band, as mentioned m OM No. S.11011/ 2/ 2008-CGHS (P) dated 20.5.2009, which states that pay in the pay band means the corresponding pay m the pay band that pensioners would have drawn, had he/ she continued m service.

The decision in the Meeting of 7.3.2019: Ministry of Health & FW that the demand to grant a one-time option to pre-1.6.2009 pensioners to opt for re-determination of their ward entitlement based on their notional pay in Pay Band is not allowed.

Though the Ministry of Health & FW has informed through their letter dated 20.07.2020 that no further action is required. Staff-Side requested that based on requests/ representation s received by them, an assessment of a number of cases who would be interested m exerc1smg the proposed option has to be considered by the MHFW.

Further, Staff-Side has also asked for a review in this regard and requested the Chair to convene a meeting with the Official Side of the M/ o Health & FW.

Status as of 25.02.2021: M/ o Health vide their letter dated 25.2.2021 informed that the demand to grant a one-time option to pre-1.5.2009 pensioners to opt for re-determination of their ward entitlement ­based on their notional pay is not allowed.

Hence, the matter may be treated as closed.

Discussions/ Decision on 26.02.2021: Staff Side agreed to give data on this for consideration of the matter afresh.

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[GoI, Min P,PG & P, DoPT’s OM No. 3/1/2018-JCA dated 08.07.2019]

Subject: Minutes of the Standing Committee Meeting held on 07.03.2019 under the Chairmanship of Secretary (Personnel) – reg.

(xxii) Item No 10: Restoration of Interest Free Advances, withdrawn by the Government based on 7th CPC Recommendations :

Joint Secretary (Personnel) stated that Seventh Pay Commission in its report had recommended that all interest free advances should be abolished. The recommendations of the Commission relating to the abolition of interest free advances have been accepted by the Government with the exception of interest free Advances for Medical Treatment and Travelling Allowance for the family of the deceased. Travelling Allowance on tour or on transfer and Leave Travel Concessions have also been retained.

Staff Side also raised the demand for the restoring Festival Advance. Joint Secretary (Personnel) agreed to reconsider the issue of restoring the Festival Advance.

Staff Side thanked JS (Pers.) for agreeing to reconsider the issue of restoration of Festival Advance to the Central Govt. Employees.

(xxiii) Item No. 19 : Dispense with the practice of ignoring the fraction while computing Dearness Allowance :

Joint Secretary (Personnel) stated that the present formula for calculation of DA where the whole numbers with fraction carried forward while calculating the percentage increase in DA was/is based on the recommendation of the 4th CPC. This method also saves the Government expenditure.

Secretary Staff raised his objection stating that the employee losses his benefit, when the fraction is ignored and carried forward. Therefore it is requested that Dearness Allowance should be paid on the actual DA raise, since DA is to compensate the inflation/price rise.

Joint Secretary (Personnel) though agreed to re-examine the matter, also informed that this may have financial implications and may increase Government expenditure.

(xxiv) Item No. 21 : Removal of conditions of being at the CHQ for few days in a month to claim the Transport allowance :

Joint Secretary (Personnel) stated that the Transport Allowance is granted for full month, even if an employee attend office for one day in a calendar month. However, when an employee remains away from Headquarters for full calendar month(s) on duty / tour, he does not get any Transport Allowance. Since the employee has no occasion to commute between place of duty/Headquarters and residence during such calendar month(s), grant of Transport Allowance for that calendar month(s) is not admissible and also not justified. Further, for such period when employee is sent away on duty/tour from his Headquarters to any other place, he gets adequately compensated by grant of Daily allowance for that period. As per 6th and 7th CPC recommendations, Daily allowance is being given as reimbursement for hotel accommodation, food bill and local travel charges.

Staff Side demanded that being at the CHQ for one day, as a condition may be removed similar to the removal of one kilometer condition earlier. The Staff Side further stated that if an employee is away from headquarter for training or tour in a whole calendar month he does not get Transport Allowance. This is not justified because CCA has been abolished and it is subsumed in Transport Allowance implying that the Staff losses CCA as well. The Staff Side further stated that employees, who goes on Child Care Leave also does not benefit due to this condition. They demanded that the matter should be re-examined.

Joint Secretary (Personnel) agreed to re-examine the matter.

(xxv) Item No.24: Transport allowance in case of Physically handicapped person at double rate and deduction of the same if one is on short leave may be dispensed with :

Joint Secretary (Personnel) stated that as per Department of Expenditure’s OM No. 21/5/2017-E.II(B) dated 07.07.2017, Transport Allowance at double the normal rates is admissible to Physically disabled employees, viz. Visually impaired, orthopedically handicapped, deaf and dumb/hearing impaired and also to employees suffering from spinal deformity. Otherwise, the general conditions for drawal of Transport Allowance at normal rates apply equally to all Govt. employees. Hence, Transport Allowance at double the normal rates will not be admissible for the calendar months (s) wholly covered by leave for persons with disabilities. In this regard, the Department of Expenditure has not issued any other instructions. He further stated that there are no instructions with regard to having attendants for handicapped employees and if there is any such instances then that should be brought to the notice of Department of Expenditure. The Staff Side agreed to this suggestions.

(xxvi) Item No. 26 : Extension of benefits of revised pension rules – 2016 in respect of pensioners of Central Government employees in autonomous bodies :

Joint Secretary (Personnel): stated that Department of Expenditure has issued orders only for Central Government Employees and not in respect of employees belonging to autonomous bodies. In case of Dearness Allowance the orders are issued by administrative Ministries/Departments.

Secretary (Staff Side) pointed out that the employees of autonomous bodies were getting pay scales of Central Government; the problem arose when the Department of Expenditure imposed the condition that 25% of the expenditure will be borne by the administrative Ministries/Department. It is imperative that these Central Government employees in autonomous bodies should be kept on equal footing with Central Govt. employees for the purpose of pay scales and pension.

Joint Secretary (Personnel) stated that there are as many as 680 autonomous bodies where Central Government employees are working and if this demand is accepted the repercussion will be huge. Joint Secretary (Personnel) stated that the Staff Side may keep this demand as a separate issue.)

(xxvii) Item No. 27 & Item No. 38 : Parity in pay scale of all stenographers, assistants and Ministerial staffs in subordinate offices and in IA&AD and organized accounts cadre with Central Secretariat staffs by upgrading their pay scales :

Joint Secretary (Personnel) stated that in cases where 7th CPC has recommended downgrading of pay scales of Assistants and Section Officers of CSS, Assistant Nursing Superintendent etc., the Government after considering the recommendations of the Commission decided that those recommendations related to down-grading of posts may not be accepted and normal replacement may have to be allowed in such cases. He further said that a committee has been formed by Department of Personnel & Training to examine the matter.

Staff Side reiterated that considering the nature of the job of Stenographers or Assistants, the Ministerial Staffs of subordinate offices and Central Secretariat are the same. It is justified that pay parity is maintained

while considering the matter related to pay scale. The staff side also demanded that the Committee constituted for this purpose may consult the Staff side also before finalizing its recommendation.

(xxviii) Item No.29: Enhancement of Bonus Ceiling Limit of Casual Labourers, consequent on enhancement of bonus calculation ceiling of Central Govt. Employees :

Joint Secretary (Personnel) informed that the details have been sought from different Ministries/Departments mainly from Ministry of Defence, M/o Labour, M/o Housing & Urban Affairs etc. and the information is awaited. Once the information is received from these Ministries, the rates of bonus will be enhanced, accordingly. The item has been considered closed.

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No. Conf/Re-emp.Ex-Service/2016-19

Dated – 01.01.2018

Shri Ajay Narayan Jha,

Secretary
Department of Expenditure
Ministry of Finance, Government of India
Room No.129-A, North Block
New Delhi – 110001

Sub: Applicability of CCS (RP) Rules, 2016 to persons re-employed Government Service and whose pay is debitable to civil estimates -reg.

Ref : DoPT O.M. No. F.No. 3/3/2016-Estt.(Pay-II) dated 18.10.2017.

Sir,

1. Confederation of Central Government Employees and Workers has received numerous complaints from re-employed ex-servicemen on the matter of their initial pay fixation in the re-employed posts. We have taken up this case in the Standing Committee meeting of JCM National Council as an agenda item. Minutes of the Standing Committee meeting circulated in DOP & T OM No.3/3/2016-JCA dated 08-08-2017 is reproduced below:

“S.No.36 – Removal of ambiguity in fixation of pay of re-employed ex-servicemen and grant of the same benefit extended to commissioned officers to Personal Below Officers Rank (PBOR) also.

Reply: Establishment Division in their comments dated 28-03-2017 had stated that –

(i) The first issue relates to pay fixation on re-employment in Civil Services and Public Sector Banks etc. Department of Financial Services (DoFS) is stated to have clarified that pay fixation of ex-servicemen would be through protection of pay plus DA drawn by them at the time of release from the Armed Forces. DoFS orders provide that in addition to the pay fixed on re-employment, pension and other retirement benefits would also be allowed.

(ii) Establishment Division of DOP&T has clarified to Department of Posts that initial pay on re-employment in case of ex-servicemen who had held posts below Commissioned Officers and Civilians below Group-A, shall be fixed as per the entry pay in the revised pay structure of the re-employed posts applicable to the case of direct recruits appointed on or after 01-01-2006.

(iii) Staff side says there is contradictions in the two clarifications and, as a result of the ambiguity, one section has benefited (Personnel who are covered under the instructions of DoFS) while others are not (Personnel who are covered under the instructions of DoPT). JS(E) stated that they had received a number of grievances and the Department of Welfare of Ex-Servicemen had also raised this issue. Presently there are two formulations for pay fixation of ex-servicemen – one for Group-A Posts and another for others – which is not an ideal situation. It was stated that the same is under active consideration and a decision is likely shortly.”

We understand that it is in this background DOPT has circulated a revised draft proposal seeking opinion from other nodal Ministers. In that context, I would like to draw your kind attention to the succeeding facts and circumstances of the case.

History of Rules/ OMs Governing Pay-fixation on Re-Employment

2. Before delving into the above captioned subject, it would be prudent to retrace the evolution of statutory rules governing the initial fixation of pay of re-employed pensioners. The first comprehensive policy on the subject was issued by Department of Expenditure, MoF vide their O.M. No. 8(34)/Est. III/57 dated 25.11.1958 (Annexure-I) which when read in conjunction with Article 510-526 of Central Services Regulation (Annexure-II), inter-alia states that:-

(a) Re-employed pensioners should be allowed only the prescribed scales of pay, that is, no protected time scales such as those available to pre-1931 entrants should be extended to them.

(b) The initial pay, on re-employment should be fixed at the minimum stage of the scale of pay prescribed for the post in which an individual is re-employed. In cases where it is felt that the fixation of initial pay of the re-employed officer at the minimum of the prescribed pay scale will cause undue hardship, the pay may be fixed at a higher stage by allowing one increment for each year of service which the officer has rendered before retirement in a post not lower than that in which he is re-employed.

(c) In addition to (b) above the Government servant may be permitted to draw separately any pension sanctioned to him and to retain any other form of retirement benefit for which he is eligible e.g. Government’s contribution to a Contributory Provident Fund, gratuity, commuted value of pension, etc.

3. The said policy was in vogue till 30.07.1986, with suitable amendments from time to time in so far as the amount of pension to be ignored while fixing the pay in the re-employed post is as given below :-

4. However, the subject was transferred to DoPT in 1986, therefore, all subsequent instructions were issued under the aegis of DoPT. One such impugned instruction is the CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 issued vide DOPT OM No. 3/1/85-Estt. (Pay-II) dated 31.07.1986 (Annexure-VIII). The subject order has been subsequently amended by DOPT vide their O.M. No. 3/19/2009-Estt (Pay-II) dated 05.04.2010 (Annexure-XI), 08.11.2010 (Annexure-XII)and O.M. No. 3/3/2016-Estt (Pay II) dated 01.05.2017(Annexure-X). However, these orders have failed to incorporate ‘Hardship Clause’ for pay fixation in respect of PBORs which has resulted in lot of heartburn and anomalous situation of pay-fixation post 1986 order viz-a-viz pre-1986 retirees. The situation has worsened post implementation of the 6th CPC and the recent 7th CPC, causing large-scale upheaval among PBOR ex-servicemen and further resulting in unending litigation in various courts of law across the country. Confederation has submitted a representation in September 2015 addressed to Shri. Jithendra Singh, Minister for State, Department of Personnel explaining the above position and requested to review the DOP&T orders. The matter was taken up in JCM also as stated above. Under such circumstances, DoPT has now decided to formulate a new policy, for which they have sought comments of Department of Ex-servicemen Welfare, MoD, Department of Expenditure, MoF and Department of Pension and Pensioners Welfare. I would like to reiterate that unless there is a cogent reason, the policies affecting lives of millions of ex-servicemen should not be arbitrarily amended. This is especially evident from intentional/ unintentional omission of “hardship clause” from pay-fixation orders issued by DoPT which are at variance from the instructions issued by DoE till 1986.

5. It is also brought to the notice of Department of Expenditure that in view of large scale representation/litigation and discontent among re-employed ex-servicemen after issue of DoPT O.M.3/3/2016-Estt (Pay-II) dated 01.05.2017, Department of Ex-servicemen Welfare, MoD vide their O.M. No 28(11)2017/D (Res-I) dated 24.07.2017 (Annexure-XIII)had suggested DoPT to completely revive the provisions contained in DoE, MoF O.M. No. 8(34)/Est. III/57 dated 25.11.1958. But, the proposal of DESW stated in Para 6 of their above cited O. M. would only be beneficial only if status quo existed till 30.06.1986 is fully revived. In other words, any proposal to revive the 1958 Orders would be beneficial to re-employed ex-servicemen (PBOR) only if the entire pension is ignored for fixation of pay in the re-employed post, i.e. the pension is not to be taken into account while fixing the pay as per Ministry of Defence O.M. No. 2 (1)/83/D (Civ.I) dated 08.02.1983 and Ministry of Finance, Dept. of Expenditure No. F. 4 (3)-E. III (B)/82 dated 13.12.1983.

OPINION/ RECOMMENDATION OF THE CONFEDERATION

Computation of Pre-Retirement Pay for the purpose of Pay-Fixation

6. Similarly, the concept of pre-retirement pay (PRP) has undergone changes to the detriment of re-employed pensioners/ex-servicemen. It may be appreciated that Article 510 of Central Service Regulations, DoE O.M. 5(21)-Est. III(B)/64 dated 15.06.1964(Annexure XIV), DoPT O.M. No. 3/1/86-Estt (P.II) dated 31.07.1986 include all components of pay such as rank pay, increments of pay for length of service, Good Service Pay, Classification Pay and X-Group Pay as a part of PRP. However, the proposal sent by DoPT for comments only takes basic pay as PRP like Armed Forces Officers, while ignoring other components which are part of pension. It would be prudent to mention that PRP of Armed Forces Officer and Personnel Below Officer Rank (PBOR) has never been same and treating PRP of Armed Forces Officer as that of PBOR will not only create anomalous situation but also bring financial losses to PBOR.

Treatment of Military Service Pay.

7. It is submitted that as per Part I, Section-3 of Gazette Notification dated 30 August, 2008(Annexure XV), Cabinet Resolution accepted Military Service Pay (Serial 2 of Annexure I-Part A) as part of pay in respect of all defence forces and is to be counted for pay fixation and pension in accordance with Para 2.3.12 of 6th CPC Recommendations(Annexure XVI). However, Defence Ministry arbitrarily overridden the above aspect through their O.M. dated 24.07.2009. Accordingly, DOPT has denied the benefit of MSP to all defence pensioners whereas the said O.M. of MoD was meant only for military officers on their re-employment within Armed Forces. In this context, I humbly refer to enclosed judgment of Hon’ble Supreme Court of India on Civil Appeal No 3744 of 2016 dated 08.12.2017(Annexure XVII) on admissibility of MACP on similar lines. In this judgment, Hon’ble Supreme Court has held that cabinet decisions cannot be overridden/ modified through the means of any executive order. Hence, Department of Expenditure may like to take cognizance of this ruling while forwarding its views to DoPT. It is imperative that the issue of MSP while fixing PRP is handled now in the spirit of above judgment which would go a long way in avoiding future litigation.

Methods of Pay Fixation

8. Since, DoPT has proposed to consolidate, rationalise and simplify existing orders on pay fixation of re-employed ex-servicemen (including reservists and ex-combatant clerks) in a single policy framework, we as representatives of employees including re-employed ex-servicemen, being a major stake holder in the matter would like to suggest that pay fixation policy envisaged from 25.11.1958 to 30.06.1986 may be revived. Accordingly, all re-employed ex-servicemen may be given two options to exercise, whichever may be beneficial to them and the subject option shall have a retrospective effect since 31.07.1986 at the discretion of affected ex-servicemen, as under :-

(a) Option I – The initial pay, on re-employment shall be fixed at the minimum of the scale of pay prescribed for the post in which the individual is re-employed. After fixing the pay as above, in case the initial pay is lesser than the last pay drawn (pre-retirement pay), such cases are to be treated as causing undue hardship, the pay is to be fixed at a higher stage by granting one increment for each year of service rendered by him, so as to bring the initial pay at par with the pre-retirement pay. The pay so fixed is to be treated as “minimum of the pay scale”. In addition to the above, the government servant is permitted to draw pension and all other forms of retirement benefits including Dearness Relief on pension which he is eligible.

(b) Option II – The initial pay of a re-employed pensioner shall be fixed in the time scale of the re-employed post at a stage equivalent to the stage that would have been reached by putting in the Civil Posts, the number of completed years of service rendered in the posts in the Armed Forces. The pay so fixed will not be restricted to the ‘pre-retirement pay’. The pension (including pension equivalent retirement benefit) may be reduced from the pay so fixed after ignoring an amount of Rs.15000/- as proposed by DOPT. In addition to the above, the government servant is permitted to draw pension and all other forms of retirement benefits including Dearness Relief on pension which he is eligible. (The amount of ignorable part of pension and PEG for pensioners re-employed prior to 01.01.2016 will remain at Rs.4000/-).

9. It is requested that the proposals of this Confederation may kindly be considered on merit while formulating DoE views for onward submission to DoPT. I am hopeful that appropriate policy would be formulated in consonance with the spirit of government orders in vogue till 1986.

Thanking You

Encl: As stated.

Yours faithfully,

(M. Krishnan,)
Member, Standing Committee,
National Council JCM &
Secretary General,
Confederation of Central Government Employees & Workers.
Mob: 09447068125, Email: mkrishnan6854@gmail.com

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

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

No.NC/JCM/2017

Dated: May 5, 2017

All Constituents of NC/JCM(Staff Side)

Dear Comrades!

Sub: Proceedings of the meeting of the Standing Committee meeting of the National Council(JCM held on 03.05.2017 under the Chairmanship of Secretary (DoP&T)

Immediately after Introductory Remark of the Secretary(DoP&T), the Staff Side raised the following issues:-

For more than 7 years now the National Council(JCM) has not met. Functioning of the JCM is completely diluted by the Government Departments are also not holding meeting. The grievances on service matter of the employees are getting accumulated. The JCM Machinery needs to be strengthened and meeting with the Staff Side should take place regularly.

2.It is now more than 10 months after proposed “Indefinite Strike” was deferred by the Central Government Employees; based on the assurance given by the Group of Ministers. None of the demands is settled. “The Staff Side is in dark about the recommendations of the Allowance Committee”. “While Pay Commission’s report is put on the Public Domain after its submission to the government, why these reports are kept secret”, the Staff Side asked.Since Allowances Committee report is considerably delayed the date of effect of the revised allowances should be w.e.f. 01.01.2016. The Staff Side has demanded that, Minimum Wage should be raised, Pay Matrix should also be revised, to recommend at least Minimum Guaranteed Pension of 50% of the last pay drawn, Family Pension, and Disability Pension and GPF to all the Central Government Employees. It is unfortunate that, Option No.1, recommended by the 7th CPC for pre-01.01.2016 Pensioners, is also rejected. The Central Government Employees are very much agitated and there is going to be an uncontrollable unrest, hence the Chairman is requested to convey our feelings to the government to avoid a confrontation

(Chairman intervened and assured that he would convey the feelings of the Staff Side to the government).

In spite of the Government orders many autonomous bodies have not revised the pay scale of the employees as per 7th CPC and no order is yet issued for revising the pension of the pensioners who retired from these autonomous bodies. These issues needs to be settled by the government.

4.Staff Side demanded to fill-up all the vacant posts and also to sanction additional posts to man additional assets and additional workload without insisting on Matching Saving.

Thereafter, Action Taken Report on the progress/decisions taken on the Agenda Points discussed during last Standing Committee Meeting was taken for discussion. Details are given below-

DISCUSSION ON ACTION TAKEN REPORT

1.No privatization PPP or FDI in Railways and Defence Establishment

The issue will be separately discussed by the Railways and Defence Ministry with the Recognized Federations.

2. No Corporatization of Postal Services

Department of Post informed that there is no proposal of Corporatization / privatization at this juncture.

3.Scrap PFRDA Act and reintroduce the Defined Benefit Statutory Pension Scheme

The Chairman stated that, we have to wait for the report of the NPS Committee. However, the Staff Side insisted that, there should be at least Guaranteed Minimum Pension of 50% of the last pay drawn, Family Pension, and Disability Pension.

4.Regularize the existing daily rated/casual and contract workers, and absorb trained apprentices. No labour reforms should be carried out which are not in the interest of workers.

After discussion it was decided that, specific cases, if referred to the DoP&T by the Department/ Staff Side, may be considered. The issue of Gun and Shell Factory Casual Employees would be considered in consultation with the MoD.

5.Revive JCM functioning at all levels as an effective negotiating forum for settlement of demands of the central government employees.

It was assured that JCM Machinery would be activated.

6.Remove the arbitrary ceiling on compassionate appointments.

The Staff Side demanded the following:-

• The arbitrary and artificial 5% ceiling may be removed.
• Pending the same the 5% vacancies should be calculated on the overall vacancies and not in the vacancies of the particular year.
• For calculation of vacancies Group B posts also should be taken into account.
• In the Defence Ministry wards of service personnel are given Compassionate Appointment in the 5% of Civilian Vacancies. However while calculating 5% vacancies, the vacancies of service personnel are not taken in to account. This anomaly may be rectified.
• Defence Ministry has proposed a onetime relaxation of 5% ceiling considering the large number of pending applications. TheDoP&T has rejected the same. The issue may be reconsidered by the DoP&T

After discussion on the above issues SecretaryDoP&T assured that he would reconsider the whole matter.

7.Ensuring Five Promotions in the Service Career

The Staff Side insisted that MACP should be in the promotional hierarchy and the condition of “Very Good” grading should be removed for granting of MACP.

8.Non-implementation of the decision taken in the 46th National Council (JCM) Meeting held on 15th May 2010 with regard to Item No. 20.

The Staff Side stated that in spite of the DoP&T’s direction not to recognize Associations of “Workers”, the Defence Ministry is not implementing the same. After discussion Secretary DoP&T assured that he would discuss the matter with the Defence Secretary and settle the same.

9.Reduction of one day Productivity Linked Bonus (PLB) to the employees of OFB & DGQA under Department of Defence Production against Cabinet decision and Government orders.

Staff Side protested against the arbitrary recovery of PLB days in the case of employees of Ordnance Factories, DGQA, DGAQA and EME. After discussion Secretary DoP&T directed the Department of Expenditure to reconsider the matter and if necessary to put up the case to the Finance Minister for his consideration.

10.Grant of one time relaxation to the Central Government employees who have availed LTC-80 and travelled by air by purchasing Ticket from other than authorized agent.

The Staff Side insisted that the employees who are otherwise not eligible for entitlement of air traveling, have purchased flight tickets from other than authorized agents due to their ignorance of rule position should not be punished by imposing recovery of the entire LTC amount etc. Therefore to settle the matter once for all a onetime relaxation may be given to such employees. After discussion it was decided that DoP&T may reconsider the whole matter.

11.Grant of House Rent Allowance to the employees who have vacated government quarters.

The Staff Side insisted that NAC should not be a pre condition for grant of HRA to those employees who vacate the government quarters. After discussion it was decided that the Directorate of Estate and Department of Expenditure would consider the matter.

12.Restoration of interest-free advances withdrawn by the Government based on 7th CPC recommendations.

The Official Side assured that, the demand of the Staff Side would be conveyed to the government.

13.Grant of entry pay recommended by 6th CPC to the promotees under the provisions of CCS(RP) Rules- 2008.

The Staff Side stated that the decision taken in the National Anomaly Committee meeting in this regard was not accepted by the finance ministry and at present the Principle Bench CAT New Delhi and the CAT Madras Bench has given judgment in favour of the employees and hence the Department of Expenditure may reconsider the matter. After discussion it was decided that the Department of Expenditure would reconsider the matter.

14.Grant of 3rd MACP in GP Rs.4600 to the Master Craftsmen (MCM) of Defence Ministry who were holding the post of MCM in the pre-revised pay scale of Rs.4500- 7000 as on 31/12/2005.

After discussion it was decided that DoP&T will refer the matter to Department of Expenditure recommending to reconsider their earlier decision of rejection since the demand is in conformity with the rules on ACP/MACP.

15.Carrying forward of Earned Leave by Defence Industrial Employees on transfer/ appointment from non Industrial to Industrial Establishment.

DOPT has agreed with the demand and their decision would be conveyed to MOD after receipt of the proposal from Defence Ministry in this regard.

16.Reimbursement of actual medical expenditure incurred by the employees in recognized hospitals.

CGHS rates are under revision and the same would be issued soon.

17.Dental Treatment in private hospitals recognized under CGHS / CS(MA) Rules, 1944 for CS(MA) beneficiaries.

CGHS vide their OM dated 5th April 2017 has informed that the requirement of no objection certificate has been dispensed with vide OM No. S.14025/41/2015-MS dated 7.12.2016.

18.Removal of ambiguity in fixation of pay of re-employed Ex-Servicemen and grant of the same benefit extended to Commissioned officers to personnel below officers rank also

The demand is under consideration ofDoP&T in consultation with the Department of Expenditure.

19.Permission to opt for pay fixation in the revised pay structure on a date after the date of issue of CCS(RP) rules 2016 notification (25.7.2016) in case of employees whose promotion becomes due after 25.7.2006.

The issue is under consideration of Department of Expenditure and a decision would be taken soon.

20.Fill up all vacant posts including promotional posts in a time bound manner.

DOPT is framing a fresh calendar for holding DPC and effecting promotions which will enable to fill up the promotional Posts in a time bound manner. Instructions will be issued very soon.

21.Abolish and upgrade all posts of Lower Division Clerks (LDCs) to Upper Division Clerks(UDCs)

The Staff Side demanded that the LDC post may be merged with UDC and MTS may be promoted directly to UDC. DoP&T agreed to consider the demand.

Due to paucity of time, new agenda points, given by the Staff Side, was not taken up for discussion. It was decided that the Action Taken on the New Agenda Points would be communicated to the Staff Side and a meeting would be thereafter convened to discuss these items.

Cabinet approves revision of pension to pre 2016 pensioners

The Cabinet approved modifications in the recommendations of the 7th CPC relating to method of revision of pension of pre-2016 Pensioners and Family Pensioners based on the suggestions made by the Committee, chaired by Secretary(Pensions), constituted with the approval of the Cabinet. While approving implementation of the 7th CPC recommendations on 29th June, 2016, the Cabinet had approved the changed method of pension revision recommended by the 7th CPC for pre-2016 pensioners, comprising of two alternative formulations, subject to the feasibility of the first formulation which was to be examined by the Committee. In terms of the Cabinet decision, pensions of pre-2016 pensioners were revised as per the second formulation multiplying existing pension by a fitment factor of 2.57, though the pensioners were to be given the option of choosing the more beneficial of the two formulations as per the 7th CPC recommendations. In order to provide more beneficial option to the pensioners, Cabinet has accepted the recommendations of the Committee, which has suggested revision of pension based on the information contained in the Pension Payment Order (PPO) issued to every pensioner. The modified formulation will be beneficial to more pensioners than the first formulation recommended by the 7th CPC, which was not found to be feasible to implement on account of non-availability of records in a large number of cases and was also found to be prone to several anomalies.

Sincerely Yours
Sd/-
(Shiv Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)

Source : NCJCM Staffside

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National Federation of Indian Railwaymen
3, Chelmsford Road, New Delhi – 110055

No. IV/NFIR/SCM/Part VII

Dated: 04/05/2017

The General Secretaries of
Affiliated Unions of NFIR

Brother,

Sub: Issues discussed in the Standing Committee Meeting of NC/JCM held at Room No. 119, North Block, New Delhi on 3rd May 2017-reg.

The Standing Committee Meeting of the NC/JCM held at Room No. 119, North Block, New Delhi on 3rd May 2017 under the chairmanship Secretary (Personnel), Government of India. S/Shri M. Raghavaiah , Leader JCM (Staff Side) and NFIR General Secretary, President NFIR Guman Singh, Working President R.P. Bhatnagar and Vice President K.S. Murty have participated in the meeting while representatives of other Federations/Associations have also taken part in the meeting.

2 Important points deliberated in the meeting:-

• In the opening address, the Leader JCM (Staff Side) has conveyed to the Secretary (Personnel), the serious disappointment and unhappiness among Central Government employees over breach of commitment on the part of Government on major issues. He cited the assurance given by the Senior Ministers on 30th June 2016 on the demand for revision of minimum wage, multiplying factor and official statement issued by the Ministry of Finance on 06th July 2016 for constituting High Level Committee to examine these issues for placing before the Cabinet. Unfortunately, only one meeting was held by the Additional Secretary (Expenditure) and thereafter nothing is known on these vital demands even after lapse of about 10 months. The Leader JCM (Staff Side) also expressed unhappiness over lack of transparency on several issues discussed, consequently the JCM (Staff Side) is kept in dark. He pointed out that the 7th CPC recommendation for revision of pension to the retired employees and said that although the JCM (Staff Side) is the major stake holder and held discussions, the contents of the report of the Committee are not made available to us. This reveals that the Government does not bother to share the information with JCM (Staff Side), he pointed out.
• On Allowances, he said that though discussions with the Staff Side JCM, the views of the Committee headed by Finance Secretary are not shared with the JCM (Staff Side). Apart from this, the decision on Allowances has been procrastinated for several months leading staff He further said that it is not known whether the Government will be modifying the recommendations of 7th CPC on Allowances on the basis of justification given by the JCM (Staff Side) as the report of the Committee though finally submitted, the proposals are not known to JCM (Staff Side). He urged upon the Chairman of the meeting to convey JCM (Staff Side) demand that Allowances should be given effect from Olst January 2016.

3.On other issues, the Leader JCM (Staff Side) pointed out were as follows:-

• 29% hike in the wages of Running Staff in Railways has not been ensured inspite of Resolution of Finance Ministry, Government of India. He said that the Railway Ministry’s proposal is pending with Ministry of Finance.
• The references made by different ministries to the DoP&T/MoF as a result of discussions by the JCM constituents are pending with the Government without finality.

4. Conclusion:

• The Leader JCM (Staff Side) requested the Chairman of the meeting to convey unhappiness of the JCM (Staff Side) to the Government and also take initiatives on the points highlighted above, mainly minimum wage, multiplying factor, pension parity etc.
• The action taken statement on pending items have be reviewed in the meeting. The draft minutes are expected to be received soon from DoPT finalization of the minutes, same will be circulated.
• The Railway related demands mainly counting of temporary status service of casual labour in full for the purpose of retirement benefits was discussed in the meeting. It was assured to consider after further consultations with the Ministry of Railways.
• MACPS issues were discussed but however there is no finality.
• Re-fixation of pay of re-employed Defence Forces Personnel in the Central Government (POBRs) – under examination [ATS – S No. 26/Item No. 6(XIV)].

  So far as Standing Committee agenda items are concerned, special meeting will be convened by DoP&T for discussion.

The above is for information of the affiliates.

Yours fraternally,

Sd/-
(Dr. M. Raghavaiah)
General Secretary

Source : NFIR

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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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Brief of the meeting of the Standing Committee(JCM) and also meeting of the Committee on Allowances held today

Shiva Gopal Mishra
Secretary

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

No.NC/JCM/2016

Dated: October 25, 2016

All Constituents of NC/JCM

Dear Comrades!
Sub: Brief of the meeting of the Standing Committee(JCM) and also meeting of the Committee on Allowances held today

A meeting of the Standing Committee of the National Council (JCM) was held today under the Chairmanship of Secretary (DoP&T), wherein Staff Side (JCM) shown anguish against total collapse of the JCM Machinery.

The Secretary (DoP&T), who is also Chairman of the NC/JCM Standing Committee, assured that, he would try to improve functioning of the JCM Machinery as a whole.

In the said meeting, the agenda sent to the DoP&T for the meeting of the NC/JCM Standing Committee was discussed in detail, and on most of the items reply of the DoP&T was “the issue will be examined”.

Subsequently, in the meeting of the Committee on Allowances, held today, the allowances pertaining to the DoP&T, particularly Children Education Allowance, Night Duty Allowance, Overtime Allowance, Unreported Allowance, Small Family Allowance, Risk Allowance, Cash Handling Allowance, Uniform(Dress) Allowance, were discussed in detail.

It was assured by the Secretary(DoP&T) that, the issues raised by the Staff Side(JCM) would be taken up in the Allowance Committee meeting.

Comradely yours,
sd/-
(Shiva Gopal Mishra)

Source: http://ncjcmstaffside.com/

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