Non-settlement of Genuine Demands of the Central Government Employees

Ph.: 23382286

National Council (Staff Side) 

Joint Consultative Machinery

for antral government Employees

13-C, Ferozshah Road, New Delhi — 110001 

E Mail : nc.jcm.np@gmail.com

No.NC/JCM/2016

Dated: June 17, 2016

Respected Sir/Madam,

Sub: Non-settlement of genuine demands of the Central Government Employees

More than 32 lakh Central Government Employees working in various ministries of the Government of India, including Railways, Postal, Defence (Ordnance Factory and other Civilian Employees), Central Secretariat, Income Tax, Audit & Accounts and other employees of the government departments are aggrieved since long on non-settlement of their various demands.

The report of the VII CPC has further made them aggrieved because of the retrograde recommendations, including non-scientific calculation of Minimum Wage and Fitment Formula. The issue of National Pension Scheme(NPS) had been very heart burning for more than 1.1 million young Central Government Employees who have been deprived from the Defined Pension/Family Pension and we are agitating this issue with the Central Government since its inception.

Under the above compelled circumstances, the National Joint Council of Action has taken a decision to go on “Indefinite Strike” from 06:00 a.m. on 11th July, 2016.

The Central Government Employees of this country have always stood for the development and good governance of the country, but do feel de-motivated because of the inaction on their pending demands.

We do have written to Hon’ble Prime Minister of India vide letter No.NC/JCM/2016/CS/PM dated 14.06.2016 (copy enclosed for ready reference) with the request that the government should immediately come forward for negotiated settlement with the NC/JCM on the demands of the Central Government Employees to avoid unnecessary confrontation.

We earnestly hope that, you will kindly lay your hands and support us in our struggle as well as put pressure on the Government of India for resolution of our genuine demands at an earliest.

Yours faithfully,

(Shiva Gopal Mishra)

Secretary, Staff Side

National Council(JCM)

Mob: 9717647594

Source:http://ncjcmstaffside.com/

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National Council Staff Side Secretary writes to Cabinet Secretary on 7th Pay Commission

National Council Staff Side Secretary writes to Cabinet Secretary on 7th Pay Commission

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: May 2, 2016

The Cabinet Secretary,

Cabinet Secretariat,

(Government of India),

Rashtrapathi Bhavan,

New Delhi

Dear Sir,

Sub: Recommendations of the VII CPC

We have submitted a rejoiner on the report of VII CPC, seeking bilateral settlement on the issues related to VII CPC.

You are gracious enough to convene a meeting on 1st March, 2016, wherein members of the Staff Side, National Council(JCM) and Empowered Committee of Secretaries participated. Subsequently, another truncated meeting was held on 30th March, 2016. In both the meetings Official Side heard our views, but no reaction of the Official Side was expressed except general remarks.

I have been directed to draw your kind attention towards minutes of the Standing Committee of National Council(JCM) held on 7th May, 2008 and our rejoiner submitted to government in the matter of report of VI CPC.

You will kindly find that, it was not only a general discussion, but also Official Side explained their views on each and every issue.

I would, therefore, request your goodself to kindly arrange for similar type meeting for bilateral settlement on each of the issues raised by the Staff Side, NC/JCM before Empowered Committee of Secretaries.

Yours faithfully,

Sd/-

(Shiva Gopal Mishra)

Secretary, Staff Side

National Council(JCM)

Authority: Confederation Blog

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Minutes of Meeting of Standing Committee of National Council (JCM) Staff Side held on Friday, the 9th October, 2015

No.3/1/2015-JCA

Government of India

Ministry of Personnel, Public Grievances & Pension

Department of Personnel & Training

Establishment (JCA-I) Section

North Block, New Delhi

Dated the 19 th December. 2015

OFFICE MEMORANDUM

Subject:- Minutes of Meeting of Standing Committee of National Council (JCM) Staff Side held on Friday, the 9th October, 2015 under the Joint Chairmanship of JS(AV), DoP&T — regarding.

The undersigned is directed to forward herewith a copy of the minutes of the Meeting of Standing Committee of National Council (JCM) Staff Side held on Friday, the 9th October, 2015 at 1500 hours in Room No. 190, Conference Room, North Block, New Delhi under the Chairmanship of Joint Secretary(AV) for information and necessary action.

Action taken report on the items pertaining to them may also be furnished to this Department at the earliest.

Sd/-

(G. Srinivasan) 

Deputy Secretary (JCA) 

Minutes of the meeting of the Standing Committee of National Council JCM side under the Chairmanship of Joint Secretary( AV), DOP&T with the Staff side at 1500 hours on 09.10.2015

The list of participants who attended the meeting is at Annexure.

2. Welcoming the participants, Ms Archana Varma, Joint Secretary, DOP&T informed that as authorised by the Competent Authority, this meeting has been convened to take stock of the issues raised by the Staff Side in the Charter of Demands submitted by them in July 2015. The purpose of the meeting is to understand the issues in its proper perspective. This meeting would lay the ground work for holding the meeting of Standing Committee under the Chairmanship of Secretary (Personnel) and thereafter the meeting of the National Council.

3. Initially, the finalisation of meetings of National Anomaly Committee meetings held on 29th May 2015 and 9th June 2015 under the Chairmanship of JS(E) was taken up for discussion. It was noted that the draft minutes of 29th May and 9th June 2015 were drafted by the Official Side and sent to the Staff Side for their perusal and concurrence. The Staff Side had proposed certain suggestions/amendments in the NAC meeting minutes. On those suggestions/amendments, the views of Department of Expenditure, Ministry of Finance had been obtained and the minutes are now ready for finalisation. The Staff Side expressed their concern about delay that had taken place in finalisation of these minutes. They suggested that as per past practice, a meeting may be convened in DOP&T to discuss the draft circulated by the Official side and the suggestions/amendments made by the Staff Side. It was decided that a meeting would be convened by DS (JCA) shortly with the Staff side to finalise the minutes of meeting of NAC held on 29th May and 9th June 2015.

4. Various members of the Staff Side explained the background relating to constitution of the Joint Consultative Machinery (JCM). It was informed that JCM is the negotiating machinery to look into the grievances of the Central Government employees. They informed that the continuous dialogue in the form of JCM helps in avoiding confrontation between employees and the Government through resolution of various disputes that can be settled between them. It was noted that the meeting of National Council of JCM had not been convened for more than five years and therefore there is urgent need for convening the meeting of the National Council. Noting that the last meeting of the Standing Committee was held in February 2015 at the level of Secretary (Personnel), the Staff Side suggested that a meeting of the Standing Committee, at the level of Secretary (Personnel), should be convened at the earliest.

5. Thereafter, the agenda items which were listed in the Charter of Demands submitted by the Staff Side were taken up for discussion. The Agenda items discussed and the discussions held on those items are summarised in succeeding paragraphs:-

(a) Effect wage revision of Central Government employees from 1.1.2014

(b) Ensure 5 year wage revision in future

(c) Grant interim relief and merger of 100% D.A.

(d) Ensure submission of 7th CPC report within the stipulated time frame of 18 months

All these agenda items are linked to the recommendations of the 7th Central Pay Commission and were taken up together. The Staff Side noted that in the case of banks and public sector undertakings, the Government has been considering 5 year wage revision and similar facility should also be considered for the central government employees. It was informed by them that the 5th Pay Commission had fixed the tenure of pay revision as 10 years. However, as the dearness compensation crosses the 50% mark normally over a period of five years, the Government should consider pay revision over a periodicity of 5 years. The Staff Side further demanded that the effect of wage revision of central government employees be from 1.1.2014. It was further demanded that as the 7th CPC has been given extension of time to submit its report, the Government should consider granting interim relief and merger of 100% Dearness Allowance.

The Official Side informed that pay revision of Central Government employees based on the recommendations of Pay Commission has generally been made after a gap of 10 years. The last such revision is effective from 1.1.2006 based on the recommendations of the 6th Pay Commission. The Government set up the 7th Pay Commission in February 2014, ahead of the general 10 year interregnum. Therefore, as regards implementation of pay revision from 1.1.12014, the same seeks a much shorter interregnum and is not in keeping with the practice so far followed. The TOR of the 7th Pay Commission also require to it recommend the date of effect of its recommendations and, hence, the decision on the date of effect thereof would be taken after the recommendations of the Commission are received.

As regards the payment of interim relief, as the Government set up the Commission well in advance of the 10-year duration from the date of effect of the 6th pay Commission, the question of Interim relief does not arise.

As regards merger of DA with pay, the existing emoluments’ stctrure is based on the recommendations of the 6th Pay Commission which made a specific recommendations against merger of DA. The Official Side, therefore, clarified that at this stage it will not be possible to examine any of the four demands listed in (a) to (d) above.

(e) Include Grameen Dak Sewaks within the ambit of 7th CPC

The Staff Side informed that the Grameen Dak Sewaks are the single largest source of postal services in the country and therefore there is need for including this category within the ambit of 7th CPC.

The representative of Department of Posts informed that there are about 1.75 lakh work force working as Grameen Dak Sewaks. Department of Posts had reportedly recommended bringing them under the ambit of 7th CPC. However, as these employees are not full time government employees, based on the advice of Department of Expenditure, Ministry of Finance, it has recently been by decided to constitute a Single Member Expert Committee to suggest pay revision for these employees.

The Staff Side suggested that if a decision had already been taken to constitute a single member expert committee, instead of setting up a departmental head as the expert committee chief, the Government may consider roping in the services of the 7th CPC Chairman for rendering this service, as the 7th CPC is already aware of the working conditions and other relevant factors of central government employees and would be in a better position to decide the pay revision of Grameen Dak Sewaks. Department of Posts would be requested to examine this suggestion of the Staff Side.

(f) Settle all anomalies of the 6th CPC

The Staff Side informed that as a result of implementation of 6th Pay Commission recommendations, various anomalies have come to the notice of the Staff Side which are conveyed to the Government. Meetings of the joint committee to look into the anomalies have been held but the progress of resolution of anomalies is not satisfactory, as felt by the Staff Side. It was informed that there were more than 58 items of 6th CPC which were discussed by the Anomalies Committee and yet remain unresolved. The Staff Side suggested that the Government should take a view on settlement of all anomalies of 6th CPC expeditiously.

(g) No privatisation, PPP or FDI in Railways and Defence Establishments

The representative of Railways informed that discussions are held regularly with the Staff Side on the issue of PPP or FDI in Railways. Since no meetings with Staff Side are being held by Ministry of Defence, the Staff Side suggested that Ministry of Defence may be requested to hold dialogue with the Staff Side on such issues. DOP&T would accordingly take up the matter with Ministry of Defence.

(h) No corporatisation of postal services

The representative of Department of Posts informed that at present there is no proposal on corporatisation of postal services.

(i) No Ban on recruitment/creation of posts

The Staff Side informed that Department of Expenditure insist on the concept of matching savings for recruitment /creation of posts. In departments like Railways where new posts are to be created or employees are to be recruited for performing new functions like running new trains, maintaining newly created assets etc., this condition is not able to be met and therefore should not be insisted upon. The representative of Department of Expenditure clarified that in case of operational posts which are required for unavoidable operational and functional considerations, the need for not insisting on matching savings is considered on a case-to-case basis. However, as regards the suggestion of the Staff Side to issue a general circular on this issue, he clarified that this issue needs to be examined by the Department of Expenditure.

(j) Scrap PFRDA Act and re-introduce the defined benefit statutory pension scheme.

The Staff Side informed that the implementation of New Pension Scheme and its effect on employees appointed on and after 1.1.2004 is a serious issue which is agitating the minds of central government employees. He informed that they had discussions with Department of Financial Services in the past. However, there has been no progress in solving the issues raised by the Staff Side, especially on the issues relating to social security clauses for employees covered under New Pension Schemes. Reportedly, there is no guarantee of minimum pension or gratuity under the new pension scheme. It was informed that this issue would unite all the central government employees and the Staff Side may consider serious action, including Strike, on this issue.

The Staff Side insisted that the New Pension Scheme should be withdrawn and all those employees who are recruited after 01/01/2004 should be brought under the statutory Pension Scheme. Since the official representatives from the Department of Financial Services under whose purview the NPS falls were not present in the meeting, it was decided that the issue would be further discussed with Department of Financial Services.

(k) No outsourcing; contractorisation; privatisation of governmental functions; withdraw the proposed move to close down the Printing Presses, the publication, form store and stationery departments and medical stores depots. The Staff Side informed that Ministry of Urban Development has fixed a meeting on the issues raised by them concerning that Ministry. The Staff Side was requested to discuss the issues concerning Ministry of Health & Family Welfare with them separately.

(m) Regularise the existing daily rated/casual and contract workers and absorption of trained apprentices; no labour reforms which are not in the interest of the workers

The representative of Ministry of Labour informed that they have been in constant touch with trade unions and other stakeholders on issues concerning the welfare of workers. However, the Staff Side pointed out that in addition to consultation with trade unions, the Government should involve the concerned Staff Side representatives before deciding labour reforms as there are a large number of industrial workers in various departments like Railways, Defence, CPWD etc. The Chairperson requested the officials from the Labour Ministry to examine the request of the Staff Side.

(n) Revive JCM functioning at all levels as an effective negotiating forum for settlement of demands of the Central Government employees The Staff Side submitted that due to non holding of regular meetings at the Departmental Council levels, even smaller issues which can be sorted out through negotiations, are being taken up in various Courts, thereby resulting in a number of court cases to be defended by the departments/Ministries. They suggested that the institutional mechanism of Departmental Council meetings, Standing Committee meetings and National Council meeting may be revived so that there is continuous interaction between the Staff side and the government.

(o) Remove the arbitrary ceiling on compassionate appointments

The Staff Side gave detailed justification for removing the ceiling of 5% on compassionate appointments. After discussions, it was agreed by the Official Side that this issue would be examined by Establishment Division of DOP&T.

(p) Removing the bonus ceiling

The representative of Ministry of Labour informed that the issue of increase in the bonus ceiling is under consideration of the Government. However, the representative of Department of Expenditure clarified that payment of ad-hoc bonus and Productivity Linked Bonus (PLB) applicable to central government employees is not governed by the Payment of Bonus Act, on which certain changes are under consideration of the Government. The Staff Side however felt that any change in Bonus Act would be an indicator while deciding the payment of bonus to the central government employees. The representative of the Department of Expenditure stated that the issue of PLB and adhoc bonus to central Government employees is covered under the TOR of the 7th Pay Commission and, hence, a view in the mater may be taken based on the recommendations of the Commission.

The Staff Side stated that bonus for Central Government Employees was based on an agreement with the staffside and not based on the recommendations of any pay commission. Moreover, every time when the Bonus Act is amended raising the payment ceiling limit, it is extended to Central Government employees also Therefore the Staff Side suggested that as and when the Bonus Act is amended, the same benefit may be considered for extension to the Central Government employees also.

(p) Ensuring five promotions in the Service career

The Official Side noted that this issue is linked to the recommendations of the 7th Central Pay Commission. Therefore, this issue would be examined after receipt of the 7th CPC report.

The Staff Side from Defence Ministry stated that inspite of various instructions issued by DOP&T cadre restructuring of the various categories of Defence Civilian Employees are not taking place for more than 2 decades. They insisted that the cadre restructuring exercise may be completed before submission of the 7th CPC report.

The meeting ended with thanks to the Chair.

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/3_1_2015-JCA-18122015.pdf

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Demand of staff side to increase the subscription and the Insurance coverage – NC JCM

Feedback of NC JCM meeting with 7th Pay Commission

Shiva Gopal Mishra

Secretary

Ph: 23382286

National Council (Staff Side)

Joint Consultative Machinery

13-C, Ferozshah Road, New Delhi – 110001

E-Mail: nc.jcm.ni@gmail.com

No.NC/JCM/2015

Dated: June 15, 2015

All Constituent Organisations of

National Council(JCM)

Dear Comrades,

As indicated in our last circular letter, the final meeting with the 7th CPC was hled on 9.6.2015. Earlier on 8th afternoon, the Staff side had met separately to chalk out the course of negotiations. The National JCA also met on the same day. The National Anomaly Committee met on 9th June, 2015 at 3.00 pm under the Chairmanship of Joint Secretary (E) Department of Personnel at Room No. 72 North Block, New Delhi. We give hereunder a brief synopsis of the discussions at all the meetings.

1. Meeting with 7thCPC

The following Staff Side members were present at the Meeting:- Com. M. Raghavaiah(Leader Staff Side – NFIR), Com. Shiva Gopal Mishra(Secretary, Staff Side-AIRF), Com. Guman Singh, Com. R.P. Bhatnagar and Com. B.C. Sharma(all from NFIR), Com. Rakhal Dasgupta, Com. J.R. Bhosale (AIRF), Com. KKN Kutty, Com. M.S. Raja and Com. M. Krishnan (from Confederation and NFPE), Com. Srikumar and Com. R.N. Pathak(from AIDEF) Com. Srinivasan and Com. Surjeet Singh( From INDWF).

(a) Date of Effect – The Chairman has made it clear that the Commission would recommend 1.1.2016 as the date of effect of their recommendations. The Commission would finalise its report by end of August and would submit the same to the Government thereafter. They would adopt Dr. Aykroyd formula for the computation of the Minmum wage. To the specific query made by the Staff Side, the Commission said that they would factor the probable increase In the rate of retail prices of the commodities and would arrive at the minimum wage as on 1.1.2016. There had been no reply to the loss of wages to the employees due to the erosion of the real value of wages as there was no interim relief or benefit accrued from the merger of DA. These demands, therefore, stand rejected.

(b) Increase in the insurance coverage in cases of death in harness – The Staff Side recalled the assurance held out by the Commission earlier to have the actuarial assessed by an expert agency to accede to the demand of the staff side to increase the subscription and the insurance coverage. The Staff Side was of the opinion that their suggestion to share the subscription in the ratio of 3:7 was reasonable but in the absence of an expert study, the Government might not accept the same. The commission said that they would explore the possibility of such an assessment by the LIC before finalization of the report.

(c) Fitment Formula – The Commission might accept the suggestion made by the Staff Side in respect of fitment formula with requisite change in the ratio on the basis of the quantum of minimum wage determined.

(d) In the matters of rate of increment, quantum of allowances etc. – The Commission did not come out clearly of their thinking in the matter.

(e) Parity in Pension entitlement of the past and present pensioners – The Commission is yet to make up its mind on the suggestion made by the staff side in the matter. They however said that almost all the Pensioners organizations which met the Commission had pleaded for this and the same is linked with the one rank one pension demand of the Armed forces personnel.

(f) MACP Scheme – The difficulties and anomalies pointed out by the Staff Side and various other organizations have been taken note of by the Commission. The Commission assured to evolve a methodology to resolve the problem.

(g) Opposition to the induction of casual/daily rated workers and contractorisation – The Commission said that they were opposed to the unfair practice of exploitation of labour. For jobs which are of perennial and permanent character, regular workers must be recruited, the Commission added and that would obviate the need for outsourcing and contractorisation. Since most of the outsourced jobs do not require any academic qualification, the Commission was of the opinion that the revival of Group D cadre would help to address the issue. However, the Commission stated that if only the staff side sends in a communication in writing, the Commission would be able to make any recommendation in the matter. The Staff Side reiterated that they are totally opposed to outsourcing, induction of casual workers and contractorisation and the same has been made explicit in their memorandum.

(h) Parity in the pay scales between the personnel in the Central Sectt and those in the subordinate establishments – The Commission stated that they have appreciated the stand taken by the Staff Side in the matter. The Commission was non committal on other issues raised by the Staff Side members.

2. National Anomaly Committee meeting

The meeting was held at Room No. 72 North Block, under the Chairmanship of J.S(E) Department of Personnel and Training. In the initial remarks, the Staff side raised the following issues.

(a) Though the official side had promised to provide an action taken statement on all issues in the National Council, the same has not been supplied;

(b) No date for the National Council is indicated.

(c) No indication of the steps taken to convene the Departmental Councils. The official side had assured of the convening of the Departmental Council of the Ministry of Finance in the last meeting. However, the staff side has not been apprised of any date so far.

(d) Abnormal delay in replying to the references made to the Ministry of Finance, Department of Personnel from the Railways and other Ministries.

(e) The necessity to increase the ceiling limit of the rebate in Incometax for the allowances given to the Loco Pilots.

(f) Non-adherence to the GOI instructions by the Defence Ministry in certain matters.

The Official Side stated that the Action taken Statement was almost ready but for certain comments from Certain departments. The same would be sent to the staff Side and another meeting held to discuss the course of action required on items where no agreement could be reached. The JS (per) stated that some of the references received from the Railways had been sent back to them for clarification before a final decision is taken. Regarding increase in the rebate ceiling under the Income tax Act, the matter would be referred to the revenue department and requested the staff side to appreciate that the same has to be

considered in a wider perspective. Thereafter the agenda items, which had not been discussed even once were taken up.

(i) Anomaly in the Pay Band and Grade Pay assigned to the Group B Officers of the Audit, Income Tax, Accounts, Central Excise and Customs and Postal Departments. (Agenda Item No. 1 and 8 taken together.) Despite agreeing that there existed an anomaly in the matter, the official side expressed their inability to proceed further in the matter as the Group B Officers were beyond the ambit of the JCM scheme. However, they agreed that the Govt. would submit take up the issue specifically with the 7th CPC. Com. Shiva Gopal Mishra said that the Govt. must consider a JCM set up for the promote officers as their cases are not heard or discussed at any other forum. Com. Kutty said that the items were introduced as early as in 2009 and it was not correct on the part of the official side to state that the same would be referred to the 7th CPC. Normally the Pay Commission would not entertain to consider the anomalies of the earlier Commissions. However, after some discussions, it was concluded that the Govt. must take up the issue with the 7th CPC, in spite of the fact that the Commission has almost reached its concluding stage.

(ii) Anomaly in the pay and Grade Pay of Data Processing Assistants Grade A.. The official side did not agree with the contention that the assigning of higher grade pay to certain categories of officers (7450-11500 and Grade Pay4600) was arbitrary. The Government, they added, had acted upon the recommendation of the 6th CPC. They also said that only in those cases where the pre-revised pay scales were in 6500-10500 such up-gradation had been made. In the case of DPA Grade A, they were in the pre revised scale of pay of Rs. 5500-9000.

(iii) Item No.3. Grant of Grade pay of Rs. 4200 to Lab Technicians. The official side said that the orders have been issued in the matter.

(iv) Item No.4. Up-gradation of Pay Band and Grade pay of LDCs and UDCs.

The Staff Side made the following points in support of the item:-

(a) The Grade pay of Rs. 1900 assigned to LDCs by the 6th CPC was without any logic and without appreciating the existing vertical relativity between Group D and LDCs and LDCs and UDCs.

(b) While creating the non functional grade in the grade pay of Rs. 4200 in the Central Secretariat, the Department of Personnel, which is the nodal department for all matters concerning the common categories, did not extend the benefit to the UDCs in the Subordinate offices.

(c) The Staff side also pointed out the Department while restructuring the cadre of stenographers in the Central Sectt. earlier, had extended the benefit to all Stenographers in the subordinate offices.

The official side stated that it was not possible for them to address the issue, whatever may be its justification in the background of the setting up of the 7th CPC. They however, assured to make a reference specifically to the Commission.

(v) Item No.5. Senior Clerks in DMS to be assigned grade pay of Rs. 4200. The matter was stated to be sub-judice. Staff Side, however, stated that, with the change in Recruitment Rules, they should brought at par with the Railways.

(vi) Item No. 6 and 12. The two agenda items being identical were take up together. The Staff side pointed out the glaring discrimination in the matter. They also stated that the number of employees involved is very small. On behalf of the Postal Department it was stated that the recruitment qualification in the

Postal Department was VIII Standard and ITI whereas in other establishment, the academic qualification stipulated was X Standard. The Staff side contested the same pointing out that no person is entitled to be admitted to ITI without having X standard qualification. They pointed out that the merger of Artisan Grade I and Charge hand was the root cause of the problem. The official side took the stand that in any case the anomaly cannot be removed at this stage and have to wait till the 7th CPC recommendations are made.

(vii) Item No. 7. Parity in pay scales between the Central Sectt. and subordinate offices. The official side said that the up-gradation of the pay scale of Central Sectt. Assistants were on well found grounds. The Government had considered the repercussion of the said decision and therefore, the decision is not possible to be either reversed or extended to any other category of employees. They added that perhaps the 7th CPC before whom the matter is already agitated by the employees organizations of the subordinate offices might take a decision in the matter.

(viii) Item No. 9 and 10. Higher grade pay for Medical Assistants and Store keepers. The Defence Ministry was asked to submit a detailed note to the Ministry of Finance indicating the duties and responsibilities assigned as also the recruitment qualifications stipulated in the RR to enable them to reconsider the issue.

(ix) Children Educational Allowance for any two children. The official side stated that the deviation made in identifying the eldest two children was consciously done taking into account the National Population policy and various other factors and is not likely to be changed. Regarding the claim for reimbursement of expenses incurred in the nursery class, as such institutions or classes are not linked to any Educational Boards, the official side said that they would look into the matter with a view to find a solution thereof.

Comradely yours,

Sd/-

(Shiva Gopal Mishra)

Secretary (Staff Side) NC/JCM & Convener

Source: NC JCM Staff Side

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Brief of the meeting held on 09.06.2015 between NC/JCM(Staff Side) and 7th CPC

Brief of the meeting held on 09.06.2015 between NC/JCM(Staff Side) and 7th CPC

No.NC/JCM/7th CPC/2015

Dated: June 9, 2015

All Constituents of

NC/JCM(Staff Side),

Dear Comrades,

Sub: Brief of the meeting held on 09.06.2015 between NC/JCM(Staff Side) and 7th CPC

A meeting of National Council JCM Staff Side with 7th Pay Commission was held on 09.06.2015 at New Delhi. It was last meeting of 7th Pay Commission with JCM. JCM had already submitted memorandum regarding common issues of Central Government Employees to 7th CPC on 30th June, 2015. JCM submitted memorandum in two parts. Part one deals with Pay, allowances, advances, facilities, benefits et., Part II is concerning retirement benefits, viz Gratuity, Pension, Medical facilities etc.

Today delegation of NC JCM Staff side went for final deliberations regarding issues of central government employees and pensioners with 7th CPC.

Detailed discussion was held on the following points:-

1. Principles of Wage Determination: Staff Side insisted that 7th CPC should adopt the need based minimum wage formula at the minimum level;the intrinsic value of the assigned job at the intermediary level; the necessity to keep the relativity both at horizontal and vertical level and the need to provide a reasonable salary for the top bureaucrats, taking into account the perks, privileges, benefits, allowances and concessions that go with the posts. 7th Pay Commission gave positive response on this.

2. Minimum Wage & Ratio of Minimum and Maximum Pay:- JCM urged that the Need-Based Minimum Wage concept to compute pay at the minimum level may be adopted. Pay Commission should take into account the outside rates to determine the pay package at senior levels of bureaucracy but maintain the ratio between the minimum and maximum at 1 : 8 (MTS to Secretary to Govt. of India). Staff Side insisted that minimum pay at lowest level of Group C staff should be Rs. 26000. 7th Pay Commission gave positive assurance on this.

3. Proposed Pay Structure and Rate of Increment:- Staff side demanded open- ended pay scales to ensure that no employee stagnates without increment. We have suggested only 14 Pay scales. Minimum of which is Rs. 26000 and Maximum Rs. 78000 for Group C employees. We suggested that the multiplication factor (26000/7000 = 3.7) may be applied uniformly in all the cases to arrive at the revised pay in the new scales of pay.We also suggested that the benefit on promotion, therefore, should be: two increments in the feeder cadre. 7th CPC agreed to act positively on this.

4. Career Progression: Grant five promotions in the service career:- The three time bound scheme of MACP instead of improving the situation has been found less beneficial and has therefore not gone to address the inherent problem of demotivation that has crept in due to the high level of stagnation.The discontent amongst the employees in the matter is of high magnitude today. The VII CPC therefore, should recommend that the cadre reviews are undertaken wherever not done to ensure five hierarchical promotions to all employees in their career on the pattern obtaining for Group A Officers. 7th Pay Commission assured to act positively on this.

5. Bonus:-Presently the PLB and adhoc bonus are calculated on the deemed provision that one’s total emoluments is only Rs. 3500/-. This is an absolutely irrational stipulation and must be removed. We request that the Commission to recommend to the Government to remove the said stipulation and grant the bonus on the basis of the actual emolument of the employee. 7th pay commission agreed to recommend our demand with positive note.

6. New Pension Scheme:-We requested VII CPC to review and recommend the scarping of NPS in the light of the observations made by Hon’ble supreme court that pension is a fundamental right. We also insisted that compulsory imposition of NPS on employees has made it discriminatory and recommendation for scrapping NPS and the PFRDA Act may be made. 7th Pay Commission was very much sympathetic.

7. Pension and other Retirement Benefits:-Staff side demanded that the amount of pension must be enough to enable a pensioner to live free from want with decency, independence, and self-respect and at a standard equivalent at the pre-retirement level. We also urged pay commission to examine the principles which should govern the structure of Pension and other retirement benefits, including revision of pension and granting parity between past and future pensioners. 7th CPC assured positive approach towards pensioners.

8. Parity in pay scales – We demanded that, where recruitment rules, training etc. are same, they should be brought into one singular grade/pay scale. Giving example of parity to Stenographers with the Ministry and Subordinate Offices. Similarly, in other common categories like Rajbhasha, Paramedical Staff etc.

9. Insurance Scheme was discussed(earlier also) in detail. It was told by the Pay Commission that something substantial should be done in this regard; and also to consider the issue of enhanced gratuity, for which 7th CPC was seen willing to consider the same.

10. Educational Assistance – we have demanded for Educational Assistance for two children, instead of two eldest children, and also to pay the same for Post Graduate and Professional Courses. Pay Commission has agreed to consider it up to Graduation level.

Source:http://ncjcmstaffside.com/2015/brief-of-the-meeting-held-on-09-06-2015-between-ncjcmstaff-side-and-7th-cpc/

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RECORD NOTE OF THE MEETING HELD ON 25TH FEBRUARY, 2015

RECORD NOTE OF THE MEETING HELD ON 25TH FEBRUARY, 2015

A meeting was held on 25th February, 2015 in Conference Room No.190, North Block, New Delhi with the representatives of the Staff Side under the Chairmanship of Secretary (Personnel). A list of participants who attended the meeting is annexed.

2.At the outset, the Chairman welcomed the representatives of the Staff Side and Official Side and expressed his firm belief and conviction that all the issues/demands can be resolved through the consultative process. He also indicated that the next (47th) meeting of the National Council (JCM) is likely to be scheduled soon under the Chairmanship of Cabinet Secretary. Thereafter, the Chairman invited the Leader and Secretary of Staff Side for their opening remarks.

3. Shri M. Raghaviah, Leader of the Staff Side welcomed the new Chairman. He thanked the Chairman and conveyed the appreciation of the Staff Side for convening the meeting. He mentioned that presently JCM is almost defunct which has caused much anguish and frustration. He observed that the basic framework for which Joint Consultative Machinery (JCM) has been set up is defeated if meetings are not held and no result oriented interaction takes place. He complained that even issues agreed upon do not result in appropriate orders being issued by the Government and cogent replies are not given in case of rejection of proposal.

4.While thanking the Chairman, the Secretary Staff side, Shri Shiva Gopal Mishra, stated the anguish of the Central Government Employees about communication deadlock. He also mentioned that no dialogue policy of the Official Side has left the Staff Side with no option except to agitate the issue. He further mentioned that no date has been fixed for National Anomaly Committee and that no meeting of the National Council has been fixed till date.

All the above shows that the government does not want to resolve the problems of the Central Government Employees in a peaceful manner and this is the reason that all the constituents of National Council JCM had decided for sustained struggle with massive demonstration before the Parliament on 28th April. He further hoped that, the Government will take a note and will resolve the issues raised in their Declaration.

5.It was also pointed out by other Members from Staff Side that many anomalies of 6th CPC have not been resolved and since 7th CPC has been constituted, this has become an excuse to keep the anomalies pending as they stand referred to the 7th CPC. I confrontation is to be avoided, the legitimate demands should be settled and action taken on agreed area like stepping up of pay in the matter of pay fixation anomaly. They pointed out that since meetings of the JCM are not held regularly, it gives the impression that the government is not interested to settle the issues positively and the JCM is being treated casually. This is a painful situation as even Departmental Council meetings are not taking place which leads to plethora of litigations. It was also brought out that a Memorandum was submitted earlier by Staff Side for merger of DA and interim relief in view of the erosion of the value of rupees and cost hike. Thereafter, the issues as per the Charter of Demands were taken up for discussion.

1.Effect wage revision of Central Government employees from 1.1.2014 accepting the memorandum of the staff side JCM; ensure 5-year wage revision in future; grant interim relief and merger of 100% of DA. Ensure submission of the 7th CPC report with the stipulated time frame of 18 months; include Grameen Dak Sewaks with the ambit of the 7th CPC. Settle all anomalies of the 6th CPC.

The Staff side stated that a memorandum was submitted to 7th CPC for merger of DA and Interim Relief, and the Commission has forwarded the same to the government. Now, the government must take a decision on the memorandum itself or amend the terms of reference to enable the CPC to make their recommendations on the twin issues. Staff Side also pointed out that there was no laid down periodicity rule setting up of Pay Commissions but by convention it has been done after every ten years. The Staff Side stated that the wage revision must be made every five years as is the case in the Banking and Insurance Sector and other Public Sector Undertakings. With regard to the 7th CPC recommendations, the staff side wanted these to be given effect from 01.01.2014.

Regarding Grameen Dak Sewaks, the staff side wanted the Government to amend the terms of reference of 7th CPC to include Gramen Dak Sewaks as a category of employees as the Supreme Court has declared them as holders of civil post.

It was also submitted by the Staff Side that Interim relief is not part of the TOR of CPC. However, it can be made as part of the TOR even now by the government. Staff Side was of the view that the Interim Relief should not be linked to the delay in the submission of the report by the CPC but should be construed as necessary in view of the erosion of the real value of wages on account of inflation. This was noted by the Chairman.

2.No privatization, PPP or FDI in Railways and Defence Establishments and no corporatization of postal services;

The Staff Side shown its concern on silence of the Government of India on their demand for trans discussion on FDI and PPP. Staff Side vehemently opposed 100% FDI in the Railways and 49% FDI in Defense Establishment. The Staff was advised to meet and discuss the issue with the concerned departments.

3. Non-resolving of the issues as referred by the Ministry of Railways to MoF(Exp.)

With regard to the demand for setting the anomalies of 6th CPC, the staff side submitted that the Ministry of Railways had sent certain proposals to the Department of Expenditure on which no action has been taken till date. The Grade pay based MACP has created administrative and other problems in Railways and they added that there was no cadre with the grade pay of Rs.2000 in Railways. The staff side also pointed out that the decision to hold the meeting of the NAC has not been honoured so far. The Official Side stated that the proposals of the Ministry of Railways will be sorted out between Railway Board and Department of Expenditure. The Staff Side further stated that there are several items in the NAC pending settlement. Some agenda items have not been subjected to discussion even once. The Chairman agreed to convene the meeting of NAC shortly.

4.No Ban on recruitment/creation of post.

Regarding ban on recruitment, the Official side stated that there is no ban on recruitment. They further stated that with regard to ban on creation of posts, exceptions are made for operational needs.

5.Scrap PFRDA Act and re-introduce the defined benefit statutory pension scheme.

The Staff Side submitted that the Supreme Court had declared pension as one of the fundamental rights. The Government should, therefore, retrace from its avowed position, which is detrimental to the interest of the employees and ensure that the employees recruited after 1.1.2004 is covered by the existing statutory defined benefit scheme and rescind the PFRDA Act.The recent decision of the Cabinet to allow FDI in pension fund operations has made the real intent of the PFRDA Act unambiguously clear. The FDI will facilitate the mutual fund operators to invest the funds outside India. It is clear that the decision behind the contributory pension scheme was the pressure imposed on Government and taken without consulting Staff Side and therefore it is to be opposed at all cost and with vehemence. The Govt. should not go ahead with its intention of induction of FDI in pension fund companies. The Staff Side demanded to (i) restore the old pension scheme. (ii) abolish PFRDA and amend the New Pension Scheme. The proposal from the Ministry of Railways regarding replacement of National Pension scheme (NPS) with Old Pension Scheme was sent to Ministry of Finance on 29.0.2014, which needs to be agreed to. The Department of Financial Services gave details on the scheme, asserting the comparative benefits of the contributory pension scheme, Reacting the presentation, the staff side requested that official side to make the contributory pension scheme optional and the employees might opt for the same if the new scheme is beneficial as presented by the official side. It was decided that the staff side will discuss the issue with the Department of Financial Services further.

6.No outsourcing; contractorisation, privatization of governmental functions; withdraw the proposed move to close down the Printing Presses; the publication, form store and stationery departments and Medical Stores Depots; regularize the existing daily rated/casual and contract workers and absorption of trained apprentices;

Staff Side demanded that due to the ban on creation of posts and recruitment of personnel continuing for a very long period, there was consequent strain on the existing workers and many Departmental heads had to recruit personnel on daily rated basis or as casual workers. Thus, almost 25% of the present work force in Governmental organizations are casual workers deployed to do the permanent and perennial nature of jobs, contrary to the prohibition of such unfair labour practices by the law of the land. In fifties and sixties, even the casual workers who had been employed to do the casual and non perennial jobs used to get priority for regular employment as and when vacancy for such permanent recruitment arises. Thousands of persons are now recruited as casual workers and kept as such for years together. As per information now made available on the floor of the Parliament, the number of contract workers engaged by various public sector undertakings and Governmental organizations is very large. They are paid pittance of a salary with no benefits like provident fund, DA and other compensatory allowances etc. In order to ensure that they do not get the benefit of regularization, these workers are technically discharged for a few days to be employed afresh again. The modus operandi differs from one department to another.

Staff Side demanded that privatization and corporatization must not be allowed. It was informed by official side that the meeting in the Departments of (Railways & Postal) have taken place in this matter and dialogue is continuing.

Regarding Printing Press, representative of Ministry of Urban Development stated that it was looking into it in a holistic manner and no final decision has yet been taken on privatization of printing presses.

The Ministry of Health representative said that there was no plans to close the Medical Stores Depots. A Society was being floated for better supplies of medicines. It was decided that Staff Side will have a meeting with Ministry of Health & Family Welfare/Ministry of Urban Development separately.

7.Revive the JCM functioning at all levels as an effective negotiating forum for settlement of the demands of the Central Government Employees (CGEs).

This issues was not discussed.

8.Remove the arbitrary ceiling on compassionate appointments.

The Staff Side has submitted that on the plea of a Supreme Court directive, Government introduced a 5% ceiling on the compassionate appointments. When the matter was taken up by the Staff side in the National Council the Govt. was not able to produce any such direction of the Supreme Court. Despite that, the official side refused to withdraw the said instructions limiting the appointments to 5% of the available vacancies. In one of the National Council meetings, presided over by the Cabinet Secretary solemn assurance was given to the Staff Side that the issue will be revisited in the light of the discussion, but nothing happened thereafter.It is pertinent to mention in this connection that the compassionate appointments in the Railways continue to be operated without any such ceiling. In the Department of Posts hundreds of candidates selected by Selection Committee were denied jobs. Some candidates approached the Court and obtained favorable order. But the Court detective was made applicable to only those who approached the Court. Such an assurance is being breached by the provisions of limiting such appointments to 5% of vacancies therefore must be done away with.

It was agreed that DoPT will revisit the issue.

9.Other issues were deferred for next meeting.

10.It was agreed that the pending issues on the National Anomaly Committee would also be discussed further. In the case of MACP issues, Ministry of Railways would be requested to respond to the same in consultation with DoPT and Department of Expenditure. As regards, the issue relating to stepping up of pay Department of Expenditure would be requested to respond to the issue.

11.Staff Side Members from the Ministry of Defence flagged the following issues for reconsideration by DoPT:-

(i) As per provisions of CCS(RP) Rules, 2008, merger of unskilled and Semi-skilled in the Workshop Staff has taken effect from 01.01.2006. Accordingly, as per DoPT guidelines, ACP granted to the labourers (Unskilled and Semi-skilled) of Ministry of Defence may be reviewed, for which an exemption of trade test is required. The MoD recommended the case of DoPT for their approval, however, DoPT has rejected the case on the plea that the ACP, already granted, need not be reviewed since merger of the Unskilled and Semi-skilled has taken place from 01.09.2008.

(ii) Defence Civilian Employees are always paid a higher rate of Risk Allowance when compared to other Central Government Employees since they are working in highly hazardous and risky jobs. Risk Allowance rate of Defence Civilian Employees may be revised to 6th CPC pay scales.

(iii)CAT, Principal Bench and also Supreme Court have ruled that Night Duty Allowance of Defence Civilian Employees may be revised in 6th CPC pay scales. However, judgments are not implemented.

ANNEXURE

List of Participants in the Meeting held on 25.02.2015 at 2.30 P.M. in Room No.190, North Block

CHAIRPERSON

Shri Sanjay Kothari

Secretary (Personnel)

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JCM Staff Side Meeting with 7th Pay Commission – Discussion about DA Merger and Interim Relief

The JCM Staff Side delegation met the Chairman, Seventh Central Pay Commission, 25/02/2015 at 11:00 hrs. The detailed report as follows…

NFIR

National Federation of Indian Railwaymen

3, CHELMSFORD ROAD, NEW DELHI . 110055

No.IV/NFIR/7th CPC/Corres/Pt.V

Dated 25/02/2015

Sub: JCM Staff Side Meeting with the Chairman, 7th CPC.

The JCM Staff Side delegation met the Chairman, Seventh Central Pay Commission, 25/02/2015 at 11:00 hrs. The following issues were raised :-

i. Merger of DA with Pay and grant of Interim Relief :-

The JCM Staff Side insisted that the Pay Commission should consider Staff Side memorandum submitted in the month of June 2014 and recommend DA merger. The Chairman, 7th CPC replied that there is no communication from the Government of India to give interim report on DA merger demand. After discussion, the Chairman 7th CPC has decided to send D.O. letter to the Government today conveying the strong protest of Staff Side/JCM.

With regard to grant of Interim Relief, the Chairman heard the point of view of the Staff Side JCM that it is only “provisional payment in view of market situation and urged upon the Commission to send suo-moto recommendation to the Government.

ii. Allotment of time slots for explaining the case of Central Government Employees as well ‘ Departments like Railways, Postal, Defence (Civil side) etc.,

The Chairman suggested that small committees may be constituted by the Staff Side for meeting the Pay Commission for deliberations and enough time will be given. He also said that the Memorandums given by JCM, Federations/Unions/Associations have been gone into by the Pay Commission fully. He further said that VII CPC will meet the teams from each department and hear their proposals.

Responding to this, the JCM Staff Side has agreed to make out the proposal for the purpose of facilitating the Pay Commission to hear the views/submissions of the Federations/Unior/Associations. The deliberations may commence somewhere after 15th March, 2015. Staff Side JCM will prepare time schedule proposal and send to Pay Commission accordingly.

iii. Gramin Dak Sewaks – The case was explained. The Pay Commission was suggested that the copy of Supreme Court Judgment may be made available for examination.

On behalf of NFIR S/Shri M.Raghavaiah (JCM Staff Side/Leader), Guman Singh, R.P.Bhatnagar and B.C. Sharma have participated in the meeting.

Sd/-

(Dr M.Raghavaiah)

General Secretary

Source: NFIR

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Meeting between JCM Staff Side & 7th Pay Commission – Discussion on DA Merger & Interim Relief – NFIR

Meeting with the 7th Central Pay Commission – reg

NFIR

National Federation of Indian Railwaymen

3, Chelmsford road, New Delhi – 110 005

No.IV/NFIR/7th CPC/Corres/Pt.V

Dated: 18/02/2015

The General Secretaries of

Affiliated Unions of NFIR

Dear Brother,

Sub: Meeting with the 7th Central Pay Commission – reg.

A meeting will take place between the JCM Staff Side and the 7th Central Pay Commission on 25th February 2015. Following issues are expected to be discussed in the meeting.

Minimum Wage

Interim Relief &

Merger of DA with Pay

It may also be noted that the Oral evidence on the Memorandum submitted by the Federation will commence from 15th March 2015, but however, the dated will be confirmed later on.

Yours fraternally,

Sd/-

(Dr.M.Raghavaiah)

General Secretary

Source: NFIR

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JCM STAFF SIDE UNITY SHOULD BE FOR STRUGGLE

EDITORIAL POSTAL CRUSADER NOVEMBER-2014

JCM STAFF SIDE UNITY SHOULD BE FOR STRUGGLE

History of Central Government Employees reveals that Government has taken undue advantage to deny the justified demands of the Central Government Employees, whenever there was disunity among the JCM staff side organizations. On the contrary, whenever staffside stood solidly united the Government was compelled to concede the legitimate justifys of the employees to a great extent.

After Fifth Pay Commission recommendations, the JCM National council staffside submitted to Government a common charter of demands for modifications of the recommendations of the Pay Commission, which included upward revision of fitment formula and removal of certain glaring anomalies. When Government refused to concede it , notice for indefinite strike was given and finally the Government had to appoint a high-power Group of Ministers Committee under the chairmanship of then Home Minister Shri.Indrajith Gupta and negotiated with the staffside. In the negotiations also the staffside took a united uncompromising stand which ultimately resulted in Government accepting the demand for 40% fitment formula and some other important demands.

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