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The meeting of the National Council (JCM) was held on 13/04/2019

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GPF to be introduced to willing NPS employees.- AIDEF Circular

ALL INDIA DEFENCE EMPLOYEES’ FEDERATION

Special Circular No.72
Date : 13.04.2019

As already informed to you the meeting of the National Council (JCM) was held on 13/04/2019 under the Chairmanship of the Cabinet Secretary. AIDEF was represented by Comrades C. Srikumar, K.Balakrishnan and R.S.Reddy. After the introductory remark by the Cabinet Secretary the Staff Side raised the following issues:

1. The 47th Meeting of the National Council (ICM) is being Called by the Chairman after a period of 9 years. The last i. e. the 46th meeting of the National Council (JCM) was held on 15 May 2010. Under the JCM Scheme the Ordinary meetings of the National Council shall be held as often as necessary, and not less than once in four months. Special meetings can also be called by the Chairman or on a request from the Staff Side. Unfortunately between 1999 and as on date only 7 meetings are held, which means within a period of 20 years only 7 times the National Council has met. This is a clear proof of violation and dilution of the JCM Scheme. Since the National Council of JCM is not functioning, the Departmental Council JCM’s under the Chairmanship of the Secretaries of the Concerned Departments are also not taking place. Therefore I request the Chairman to take a serious note of the situation and a decision may be taken to hold regular meetings of the National Council, its Standing Committee and also the Departmental Council JCM meetings and the decision may be communicated to all Departments.

2. When the JCM Scheme came in to effect from 1966 all the Non- Gazetted employees were allowed to participate in the JCM Scheme. However due to upgradation of various Group C Posts to Group B these categories are now exempted from the JCM Scheme. The Staff Side is demanding for review of the same and to permit all Non Gazetted employees irrespective of their pay should be allowed to participate in the JCM Scheme.

3. In the past due to repeated discussions in the National Council JCM, the Cabinet Secretary has written a D.O. Letter to all the Secretaries that before implementing any decisions to privatize, Outsource and closures, downsizing, corporatization, rationalization etc the staff side of the Departmental Council JCM should be consulted and their views may be kept in mind while framing such policy decision. However arbitrary decisions are taken especially by Ministry of Railway’s, Defence, Printing and Stationery, Postal and other departments for privatizing the work being done by permanent employees, closure of many units etc. This has resulted in total Labour unrest and series of agitations are being held including strike action. It is therefore requested that all these activities against the interest of employees may be stopped immediately and the entire issue may be discussed in the Departmental Council JCM meetings with the Staff Side.

4. After the submission of the 7th CPC recommendations, the Central Government Employees were very much disappointed and there was an all around dissatisfaction since the 7th CPC has not taken into account the proposals of the Staff Side in determining the minimum pay and corresponding fitment factor. The 7th CPC has also rejected our demand to scrap the NPS implemented for employees recruited on or after 1/1/2004. In this backdrop the National Joint Council of Action of the Central Government employees have issued an Indefinite Strike Notice on the Government. A meeting was convened under the Chairman ship of Hon’ble Home Minister Sh. Rajnath Singh in which other three Senior Ministers including the Finance Minister and Railway Minister were also present. The meeting was held on 30th of June 2016 and based on the assurance given by the senior Ministers that the demands of the Central Government employees would be considered by a high Level committee, the strike was deferred. It is unfortunate that the commitment given to the NJCA was never honored and the discontentment amongst the Central Government employees still prevails. It is therefore urged upon the Government that the commitment of the Group of Ministers may be honored in letter and spirit and Government may come forward to restore the negotiations with the NJCA for reaching an agreement on the following demands.

a. Enhancement of Minimum Pay and Fitment Factor w.e.f. 1.1.2006

b. Scraping of NPS and restoration of guaranteed Pension under CCS (Pension) Rules 1972.

c. Option No. 1 recommended by 7th CPC for employees who retired prior to 01/01/2016.

5. The Staff Side are repeatedly representing to grant one more option to switch over to 7th CPC pay scale from a date subsequent to 25/07/2016. Even thouge there is no much financial implication, the Department of Expenditure is not extending the benefit. This issue needs to be considered favourably.

6. Inspite of the Government orders for grant of entry pay to the employees promoted on or after 1/1/2006 prescribed for direct recruits in the pay band is not yet implemented in many of the Departments for want of certain clarifications from Department of Expenditure. The issue was discussed in the last Standing Committee meeting and it was assured that necessary clarifications would be issued. However the same has not yet been issued.

7. Due to non functioning of JCM and non acceptance of genuine demands of the Central Governments employees there is a multiplicity of litigations on service matters including MACP issues like date of implementation of MACP from 1/1/2006, MACP in promotional hierarchy, Annual Increment to employees retired on 30th June and 31st December etc. In majority of the cases the judgments have gone in favour of the employees and as usual the Government drag the employees up to Supreme Court and even after Establishing the Law on service matters by the Supreme Court the benefits are restricted only to the petitioners. A separate meeting with Staff Side may be held so that the demand for implementation of various Court judgments on service matters can be settled and the number of litigations can be reduced.

8. The Defence Industry like Ordnance Factories, DRDO, Units under Army and Navy etc. are under serious attack. The entire policy decision needs to be reconsidered and all these Defence Establishments should be strengthened and developed.

9. One time relaxation of LTC-80 cases, where employees have purchased Air Tickets from other than authorized Agents is pending for quite some time. The same may be considered favourably.

10. Compassionate Appointment to the wards of employees who dies/medically invalidated on accidents while performing Government duty should be given over and above the 5% quota.

11. Outsourcing of permanent Jobs which are being performed by erstwhile Group “D” Employees should be stopped and all the vacancies should be filled up

Decision on Agenda Points/ Points Raised in the meeting

1. Judgment of Supreme Court on service matters where policies are involved will be made applicable to all the similarly placed Employees.

2. GPF to be introduced to willing NPS employees.

3. Government seriously and positively considering the demand of allotment of salary budget separately to Ordnance Factories.

4. Stepping up of pay will be permitted in MACP.

5. Services of Temporary Status Employees of GSF Cossipore will be regularized.

6. Government Orders on Risk Allowance and Night Duty Allowance will be issued soon.

7. Relaxation of Educational Qualification for Compassionate Appointment to wife of employees medically boarded out from service would be considered.

8. Regarding residency period for promotion from one post to another, the Staff Side should forward a detailed proposal.

9. Grant of 90% Medical Advance for conventional diseases would be considered by Ministry of Health.

10. Proposal for relaxation of LTC-80 is under consideration.

11. Revision of pension to employees those who were compulsorily retired would be considered.

12. The provision of “Wherever feasible” given in the Government order for grant of HRA without NAC would be considered.

13.Regarding implementation of Arbitration Awards separate meeting would be held with staff side.

14. The decision on applicability of CCS (RSA) Rules 1993 to the workers of the Defence Ministry would be taken within a month. 15. The Demand for creation of NFSG grade in cadre of UDC / Stenographers in all offices outside Secretariat is under consideration of the Government.

16. Reimbursement of Medical expenditure involved for over stay in the Hospital, because of infection / side effects would be considered by the Ministry of Health.

With Greetings,

(C.SRIKUMAR)
General Secretary

Source : AIDEF Circular

National Council JCM Staff Side Secreary has published a detailed report of meeting held on 13.4.2019

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Outcome of 47th National Council Meeting held on 13th April 2019 – NC JCM Staff Side

The National Council JCM Staff Side Secreary has published a detailed report of meeting held on 13.4.2019 with Cabinet Secretary of Shri P.K.Sinha

Complete feedback of 47th Meeting of National Council Meeting held on 13.04.2019

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13C, Ferozshah Road, New Delhi – 110001
E-Mail : [email protected]

No.NC-JCM-2019/NC meeting

April 13,2019

To

All Members of the National Council (Staff Side) JCM

Dear Comrades,

The 47th meeting of the National Council was held on 13.4.2019 at Rail Bhawan, New Delhi, under the Chairmanship of Shri P.K.Sinha, Cabinet Secretary. It was held after the most inordinate delay i.e. after the lapse of nine years that the National Council meeting was convened. The decision of NJCA to organize Dharna on 28.3.2019 (which was deferred) is what triggered the Government to convene the meeting.

The meeting commenced at 11.30AM and ended at 2.30 PM. In the introductory remark, the leader and the Secretary Staff Side touched upon the following points.

1
Survival of JCM ;revival of Departmental Councils; maintenance of its
stipulated frequency.
2
Closure of offices- restructuring consultation with the Staff Side and
Unions affected; with particular reference to CPWD, Printing Presses and
Defence Industry.
3
Increasing litigations; Governments disregard to its own National
litigation policy making employees and pensioners to incur huge expenditure.
Non implementation of even Supreme Court decisions- MACP promotional
hierarchy, MACP date of effect, increment on 30th June and 31st December
etc
4
NPS and other pension related issue
5
Recognition Rules, delay in the grant of recognition
6
Arbitration Awards.
7
Non honoring of the assurance held out by the GOM to revisit the
minimum wage and fitment formula
8
One more option to switch over to the 7th CPC
9
Non issue of clarification on the question of minimum pay for promotes
after 1/1/2006
10
Reduction in the quantum of Night Duty Allowances
11
Ex-Service man pay fixation
12
Compassionate Appointment and its restriction
13
Outsourcing and Casualization of permanent Jobs
14
Regularization of Casual workers- include casual service for pensioner
benefits
15
Running Allowance of Railway Workers with tax free banefit
16
CGHS deficiencies
17
Necessity to hold meetings by held and pension Secretary with Staff
Side
18
One time relaxation for LTC-80 fare
Agenda items and Action Taken Statement items
1
Grant of FMA in lieu of OPD for CGHS beneficieries beyond 70 years of
age
Not agreed
2
Sanction of incentive for those working in terrorist infested areas
Will be examined
3
Gandhi Nagar as link city to Ahemdabad
Orders issued
Upgradation Jam Nagar
Orders issued
5
A-1 status to Bengaluru from 16.1.2007
Order issued
6
Upper age limit to be raised from 45 for departmental candidates
No agreed
7
Casual labourers – grant of temporary status and regularization
Under consideration
8
Restricted holiday for industrial workers
Not agreed
9
Applicability of ccs (RSA) Rules to indust4rial workers of Defence
MOD will take final decision with in a month
10
Recruitment personnel for erstwhile Gr D functions
Will be examined
11
Arbitration Awards
Matter will be discussed bilaterally with the staff side to reach a
settlement
12
Benefit of Rule 10 CCS (RP) Rules for those completed 1 year service
maximum
Will be reexamined
13
JCM coverage for GR B
Being examined
14
GPF for those recruited after 1.1.2004
Will be considered as optional
 15
Washing allowance
Subsumed in the dress allowance
16
Running allowance/transport allowance to be exempt from IT
Agreed to reconsider
17
Grant in temporary status to casual labourers
Will be considered
18
Parity in Pay scale of workshop staff in postal with Railways and
Postal
Agreed to reconsider
19
Island/NER spl duty allowance to be exempt from Income Tax
Will be considered
20
Non availability certificate from Estate officer for HRA
Will be re examined
21
Stepping up of pay with Juniors under ACP/MACP
Orders will be issued
22
Increase in residency period for future promotions
Staff side will give separate note
23
FR 15 (a) protection of pay
Not agreed.
New item will be introduced
Grant of Med.Advance at 90% for conventional deceases
Orders will be issued
25
Reimbursement of additional charges paid on account of over stay in
hospitals
Chairman suggested to consider the following-
Reimburse fully to the patient
Black list the hospital
MOH will decide
26
Reimbursement of oxygen charges
Orders issued
LTC for dependant parents
Orders issued in 2017
28
Revised scheme on compassionate appointment
Will be examined with reference to the discussion at the meeting
29
Family pension for unmarried/divorced/widowed sister
Will be considered
30
Created of NFSG grade to UDCs, stenographer
Under consideration
31
Hostelsubsidy
Order issued
32
Constant attendant allowance
Not agreed
33
Revision of pension for those who compulsorily retired
2.57 multiplication factor will be applicable to all. Extension of new
option is under consideration
34
Stitching charges
Subsumed in dress allowance
35
Hospital patient care allowance
Will be discussed in a special meeting with Secretary, Health
35
Moped allowance
Abolished
36
Sports increment
Orders issued
37
Consultation with UPSC under Rule 9 of Pension Rules
Dropped
38
Litigation issues on service matters
The chairman ruled that where the SC has given decision in rem, it
will be implemented in the case of all similarly placed personnel
39
Revised FMA in border areas
Settled, order issued
40
Revision of risk allowance to civilian employees
Staff side to introduce fresh item
41
CGHS rates
Referred to MOH special meeting
42
Revision of funeral advance
Orders issued
43
Exemption from payment of income tax for personnel beyond 80 years

With greetings

Your fraternally

(Shiva Gopal Mishra)
Secretary

National Council (JCM) meeting with Cabinet Secretary on 13-04-2019 – Confederation

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NC(JCM) meeting with Cabinet Secretary on 13-04-2019

National Council (JCM) meeting with Cabinet Secretary on 13-04-2019 – Confederation

Juglal Singh
Deputy Secretary (JCA)
Tele: 23092338

GOVERNMENT OF INDIA
DEPARTMENT OF PERSONNEL & TRAINING
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
NORTH BLOCK NEW DELHI 110001

F.No.3/1/2019-JCA

Dated: 22nd March, 2019

Dear Sir,

The 47th Meeting of the National Council (JCM) is scheduled to be held on April, 13 2019 (Saturday) at 11.:30 AM in Conference hall, Rail Bhavan, New Delhi under the Chairmanship of Cabinet Sercretary.

2. Kindly make it convenient to attend the meeting.

Yours sincerely,
sd/-
(Juglal Singh)

To
All Staff Side Members of the National Council (JCM) – (As per lis attached)

Source: Confederation

All the Constituent Organizations of National Council (JCM)

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National Council (JCM) Dharna on 28-03-2019 is deferred

All the Constituent Organizations of National Council (JCM)

Sub:-Holding of regular meetings of the National Council (JCM), Standing Committee of the National Council (JCM) and the Departmental Council (JCM) as per the JCM Scheme – deferment of the proposed Dharna at Delhi on 28th of March, 2019.

Ref:-DOPT letter F.No.3/1/2019-JCA dated 22/3/2019

Dear Comrades,

Cabinet Secretary already fix the meeting of the National Council (JCM) on 13/4/2019 vide letter referred above (copy enclosed).

In view of above a dharna proposed by JCM Members on 28th March 2019 has been deferred in consultation with the principle Office Bearers of various Federations.

With greetings,

Yours Comradely,
sd/-
(Shiva Gopal Mishra)
Convener

Source: Confederation

Proposal to include in the election manifesto of your party – National Pension System

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Proposal to Include in the Election Manifesto to All Parties – NC JCM Staff Side
Proposal to include in the election manifesto of your party with regard to the scrapping of the National Pension System

“If you will be able to indicate your intention to replace the present new contributory scheme with the old Statutory Pension structure, in your manifesto, it might help immensely to elicit the support of the Central Government employees and their family members to your party candidates in the ensuing general election.”

NJCA
National Joint Council of Action

4, State Entry Road, New Delhi – 110055

No.NC-JCM-2019/NPS

March 8, 2019

To
The Chief Executive,
All Recognised National and State level Political Parties

Sub:- Proposal to include in the election manifesto of your party with regard to the scrapping of the National Pension System which has taken away the pension right of Central Government Employees

Dear Sir I Madam,

We write this on behalf of the organisations of the Central Govemment employees participating in the Joint Consultative Machinery, set up by the Government of India in 1960s as a negotiating forum to settle various demands and grievances of the employees through discussions. In the meeting that was held on 8th February, 2019, of the Standing committee of the National Council, Staff Side, it was unanimously decided that I in my capacity as the Secretary, Staff side National Council, must write to you to draw your kind attention to one of the most significant demands of the Central Govenunent employees i.e. to replace the newly introduced contributory pension scheme with the old statutory defined Pension system and also to restore the GPF Scheme which was withdrawn by the Government. I have been asked to seek your support to this vital demand of the employees especially of the young workers who have entered government service after 1.1 .2004 and obtain an assurance from you that you will accede to the demand for the withdrawal of the New contributory scheme to replace it with the old Statutory pension system if elected to power in the ensuing general elections to constitute the 1 i 11 Lok Sabha. Before going into the difficulties being faced by the employees governed under the New Contributory Pension Scheme which is at present christened as “National Pension System (NPS)”, I would like to invite your attention to the historical judgment delivered by the Hon’ble Supreme Court by a 5 Member Bench consisting of Hon’ ble Chief Justice Y.B.Chandrachud. The Hon’ble Supreme Coutt in this case has analyzed in detail the entire issue of Pension. The most impotiant portion of the above historical judgment is reproduced below for your kind consideration please.

“From the discussions 3 things emerge

(i) that pension is neither a bounty nor a matter of grace depending upon the sweetwi/1 of the employer and that it creates a vested rights subject to 1972 Rules which are statutory in character, because they are enacted in exercise of powers conferred by the proviso to Article 309 and Clause (5) of article 148 of the constitution,

(ii) that Pension is not an ex-gratia payment but it is a payment for the past service rendered and

(iii) it is a social welfare measure rendering socio economic justice to those who in the heyday of their life ceaselessly toiled for the employer on an assurance that in their old age they would not be left in the lurch.”

As you are aware Sir/Madam, that the new contributory pension scheme was introduced by the then NDA Government in 2004 initially through an executive fiat. Later, rather much later, a bill was introduced in the Parliament to enact the Pension Fund Regulatory and Development Authority. After the promulgation of the Notification in 2004, many State Governments adopted the scheme to cover their employees, the only exception being the State of West Bengal presently. The ostentatious reason adduced at the time of promulgation of the Notification and thereafter at the time of the introduction of the PFRDA bill, was the ever increasing financial outflow on pension account, which makes fiscal deficit management difficult. Prima facie the said reason appeared to be true as the quantum of outflow on account of Pension had been on increase. But the fact that it had always been on rise was concealed as also the one that as a percentage to the GDP, the pension payment had been continuously dwindling over the years.

The employees organisations had been pointing out to the Government that the desired objective of containing pension outflow would not come about for the next four decades. When the probable drastic reduction in pension under the new scheme was raised by the Staff Side in the National Council, the Government stated that under the new dispensation, employees will become entitled more annuity than the then existing entitlement of Pension, this assurance was given in writing by Government in the Standing Committee Meeting of the National Council (JCM) held under the Chairmanship of Secretary (Personnel) on 14′h December, 2007 and went on to assure the Government’s intervention if things turns out otherwise. It is also pertinent to mention here that the Government has exempted the Armed Force Personnel from the NPS and they continue to be in the old Pension Scheme. If the NPS is so attractive then why the Government has exempted them from NPS. This is a clear proof that the NPS is vety much detrimental when compare to the old Pension Scheme.

The scheme is presently in vogue for the last 15 years. A few employees who were originally recruited as casual workers but got regularised later (retired before completion of the 33 or 35 years of service.) They were given a paltry amount as pension amounting to less than Rs, 2000. Had they been covered under the old Pension scheme, they would have certainly got more than 20,000 as pension. The new scheme has thus become “NO pension scheme’. The new scheme has thus created consternation of a very high order amongst the employees as they rightly feel that their hard earned savings are in effect compulsorily channelled to benefit the corporate entities. Since the Govt. will have to contribute equal amount or more (now 14%)the same would act in future as a real drain on the resources of the Government and will cause hardship in the form of increased tax liability. The anger and discontent of the employees have manifested itself in huge demonstrations and such other programmes and some of them have even resorted to strike action.

We are proud to mention that our principled opposition to the scheme right from the beginning, when it was introduced by the then NDA Government, has now been vindicated as it neither benefits the subscriber nor the Nation. Incidentally we may point out that in the wake of the 6th CPC, Government agreed to set up an expert committee under the chairmanship of Dr.Gayatri, at the Indian institute of social sciences to look into all aspects of the New Pension scheme. The committee has clearly indicated that the new scheme will draw more funds from the exchequer in the coming 40 years, before any reduction in the outflow could be brought about.

We fervently feel that the new contributory scheme must be replaced by the old Pension Scheme under the CCS (Pension) Rules, 1972. If you will be able to indicate your intention to replace the present new contributory scheme with the old Statutory Pension structure, in your manifesto, it might help immensely to elicit the support of the Central Government employees and their family members to your party candidates in the ensuing general election.

We shall also be grateful for favour of a word in response to this communication from your end.

With kindest regards,

Yours sincerely,
(Shiva Gopal Mishra)
Convener

Source: http://ncjcmstaffside.com

Long pending prominent issues of the Central Government Employees

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Long pending prominent issues of the CG Employees – NC JCM Staff Side
Long pending prominent issues of the Central Government Employees

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13C, Ferozshah Road, New Delhi – 110001
E-Mail : [email protected]

D.O.No.NC/JCM/2019

Dated: February 7, 2019

Resp. Shri Raj Nath Singh Ji,

Sub: Long pending prominent issues of the Central Government Employees

You may kindly recall that, aggrieved by retrograde recommendations of the VII CPC in general and particularly related to Minimum Wage and Fitment Formula as also on the issue of Restoration of Defined Old Pension Scheme for the Central Government Employees, the Central Government Employees, including Railwaymen, had decided to go on “Indefinite Strike” w.e.f. 11th July, 2016 since 06:00 hrs., in the morning. With a view to resolve these important issues amicably, a meeting was convened by your goodself on 30th June, 2016, wherein Hon’ble Finance Minister, Hon’ble Minister for Railways and Hon’ble Minister of State for Railways, were also present.

After detailed deliberations, the representatives of the Central Government Employees(NC/JCM) were assured that, the Union Government would favourably consider their demand of improvement in Minimum Wage and Fitment Formula, recommended by the VII CPC. It was also assured to look into the demand of Scrapping Contributory NPS in respect of the Central Government Employees and restoration of Defined Old Pension Scheme.

The representatives of the Central Government Employees were made to understand in the said meeting that, the Government would take decision in regard to above demands within a timeframe of four months by constituting committees for the purpose. On the assurance of the Group of Ministers, the proposed “Indefinite Strike” was deferred by the NC/JCM.

You may kindly appreciate that, substantially long time has already elapsed and the Federations of the Railways and other Central Government Employees, who had participated in the said meeting, have still been awaiting the positive outcome of the discussions held and assurances given by the Group of Ministers therein.

There is, therefore, serious discontentment brewing among the Central Government Employees, including the Railwaymen, and it is quite difficult to further contain the same any longer. There is, therefore, tremendous pressure to revoke the decision of the “Indefinite Strike” of the Central Government Employees due to non-settlement of the said issues.

It would, therefore, be largely fair and conducive for harmonious relations of the Central Government Employees with the Central Government, that, at least the following two major issues be settled without any further delay:-

(i) Restoration of Defined Old Pension Scheme for all Central Government Employees, irrespective of their date of appointment, which was available for the Central Government Employees appointed before 01.01.2004.

(ii) Improvement in Minimum Wage and Fitment Formula.

I earnestly hope that, your goodself will take these issues with all seriousness for resolving the same before it is too late, in the larger interest of conducive atmosphere in the country.

With Kind Regards,

Sincerely yours,

(Shiva Gopal Mishra)
Secretary(Staff Side)

Shri Raj Nath Singh,
Hon’ble Home Minister
(Government of India),
New Delhi

Source: http://ncjcmstaffside.com

Minimum Wage and Fitment Formula – NJCA Meeting on 8.2.2019

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NJCA Meeting on 8.2.2019

National Joint Council of Action (NJCA) on 8th February 2019

NJCA
National Joint Council of Action
4, State Entry Road New Delhi – 110055

No.NJCA/2018

Dated January 28, 2019

All Members of the NJCA

Dear Comrades,

Sub: Meeting of the NJCA
Ref : This office letter of even number dated 30.11.2018

It has been decided to hold meeting of the National Joint Council of Action (NJCA) on 8th February 2019 from 11:00 hrs in JCM Office, 13-C, Ferozshah Road, New Delhi, to take stock of the current situation in regard to non-settlement of major pending issues, viz

(i) Improvement in Minimum Wage and Fitment Formula

(ii) No Progress in respect of NPS Covered Central Government Employees

(iii) Other pending issues related to National and Departmental Anomalies.

All of you are requested to make it convenient to attend the aforementioned meeting of the NJCA, so as to take the consensus decision for future course of action in the prevalent scenario.

With Fraternal Greetings,
Comradely yours,
sd/-
(Shiva Gopal Mishra)
Convener

Source : Confederation

Fixation of Pay on Promotion between 1.1.2016 and Date of Notification issue – NC JCM Staff Side

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Fixation of Pay on Promotion between 1.1.2016 and Date of Notification issue – NC JCM Staff Side

Cases of promotion taking place in the pre-revised pay structure between 01.01.2006 and the date of notification of RS(RP)Rules, 2008

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E-Mail : [email protected]

No.NC/JCM/2018

Dated: November 6, 2018

The Secretary(Exp.),
Ministry of Finance,
Department of Expenditure,
New Delhi

Dear Sir,
Sub: Cases of promotion taking place in the pre-revised pay structure between 01.01.2006 and the date of notification of RS(RP)Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and feeder posts in a common grade – Fixation of Pay – Reg.

Ref.: MoF(Deptt. of Exp.)’s OM No.7/14/2010-E.III(A) dated 05.07.2010 and OM No.F-2-1/2015-E.III (A) dated 16.10.2015

Kindly call for my earlier letter of even number dated 18th January, 2018(copy enclosed), through which your kind attention was drawn towards MoF(Deptt. of Exp.)’s OM No.-F-2-1/2015-E.III(A) dated 16.10.2015, whereby it was decided that, in cases where promotion took place in the pre-revised pay structure during the period between 01.01.2006 and the date of notification of CCS(RP) Rule, 2008 and subsequently promotional grade merged with the feeder grade consequent upon promulgation of the CCS(RP) Rules, 2008, the benefit of pay fixation shall be allowed under Rule-13 of CCS(RP) Rules, 2008.

In this connection, it is stated that, some of the government employees, who have got promotion/financial upgradation between 01.01.2006 and date of notification of the CCS(RP) Rules, 2008, exercised their option to switch over to 6th CPC from the date of such promotion/financial upgradation, instead of 01.01.2006 as per option provided vide Deptt. of Expenditure’s OM supra dated 05.07.2010, as the same was more beneficial to them at that time. In this connection, it is pertinent to mention here that, initially they opted to switch over to revised pay structure w.e.f 01.01.2006 prior to issuance of OM dated 05.07.2010. As they were not aware with the fact that any such benefit of pay fixation under Rule-13 would be extended in future as has been provided vide Deptt of Expenditure’s OM dated 16.10.2015, then they would not have exercised their option to switch over to CCS(RP) Rules, 2008 w.e.f. from their respective dates promotion/ financial upgradation, as per the option provided vide Deptt of Expenditure’s OM dated 05.07.2010.

Further, as per instruction of Deptt. of Expenditure’s OM dated 16.10.2015, the benefit of pay fixation is being allowed under Rule-13 of CCS(RP) Rules, 2008 in those cases where promotional/financial upgradation took place in the pre-revised pay structure between 01.01.2006 and the date of notification of CCS(RP) Rule, 2008.

However, benefit of pay fixation allowed under Rule-13 of CCS(RP) Rules, 2008, as the provision of Deptt. of Expenditure’s OM dated 16.10.2015, is not being extended to those employee who have opted to switched over to the Railway Servant(RP) Rules, 2008, with effect from the date of promotional/financial upgradation instead of 01.01.2006, by exercising the option made available vide Deptt. of Expenditure’s OM dated 05.07.2010 (as mentioned in para 2 above), although fulfilling other conditions for getting the benefit of fixation as per the instructions contained in Deptt. of Expenditure’s OM dated 16.10.2015.

It has also come to our knowledge that, some of the Railways have made a reference on this issue, seeking clarification regarding extending the benefit of the above-mentioned fixation to these employees after providing opportunity for re-option to switched over to the RS(RP) 2008 (or CCS(RP)Rule, 2008) w.e.f. 01.01.2006 instead of any subsequent date opted earlier. It is also understood that, Railway Board (Ministry of Railways) has referred this clarification to the Deptt. of Expenditure(Ministry of Finance).

Earlier, in similar cases, whenever Deptt. of Expenditure’s OM brings about a material change in the basis for exercise of option to come over to revised pay structure/unforeseen developments and change of rule in terms of the CCS(Revised Pay) Rules, opportunity to revise their option to come over to revised pay structure has always been given(as it was given through Deptt. of Expenditure’s OM dated 03.11.2013).

Also, it is also is heard that, DoPT is agreed that, re-fixation of pay for merged post under Rule-13 of CCS(RP) Rules-2008, on the basis of Department of Expenditure’s OM No.-F-2-1/2015-E.III(A) dated-16.10.2015, were unforeseen developments/change of rule. This brings a material change in the basis for exercise of option to come over to the revised pay structure.

Hence, it is very clear that, Deptt. of Expenditure’s OM dated 16.10.2015, brings a material change in the basis for exercise of option to come over to revised pay structure, unforeseen developments and change of rule in terms of the Railway Services(Revised Pay) Rules, 2008. Hence, it is demanded that, opportunity to revise their option to come over to revised pay structure, under the rule of the CCS(RP) Rules, 2008, w.e.f. 01.01.2006, may be given to those employees who are covered under the said letter dated 16.10.2015, as it is more beneficial for them as now.

In view of the above, it is requested that, necessary clarifications in this regard may kindly be communicated to all the Ministries/Departments of the Government of India, so that, aggrieved staff can get an opportunity to re-exercise their option, under Rule-6 of the CCS(RP) Rule, 2008, to switch over to CCS(RP) Rules, 2008, w.e.f. 01.01.2006, and get benefit of pay fixation provided vide Deptt. of Expenditure’s OM dated 16.10.2015, so as to avoid financial loss to the affected staff.

Sincerely Yours,
sd/-
(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)

Source: http://ncjcmstaffside.com

Ad-hoc Bonus for Central Autonomous Bodies – NC JCM writes to Cabinet Secretary

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Ad-hoc Bonus for Central Autonomous Bodies – NC JCM writes to Cabinet Secretary

Grant of ‘ad-hoc bonus’ for the Central Autonomous Bodies for 2015-16, 2016-17 and 2017-2018 – NC JCM writes to Cabinet Secretary

Shiva Gopal Mishra
Secretary

Ph: 23382286
National council (staff Side)
Joint Consulative Machinery for
Central Government Employees
13-C, Ferozshah Road, New Delhi-110001
E-Mail : [email protected]

No.NC/JCM/2017

Dated: September 17, 2018

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

Respected Sir,

Sub: Grant of ‘ad-hoc bonus’ for the Central Autonomous Bodies for 2015-16, 2016-17 and 2017-2018- reg.

Kindly call for our earlier letter of even number dated October 30, 2017(copy enclosed), whereby it was requested, while thanking the government for having implemented VII CPC recommendations in case of staff of the Central Autonomous Bodies, that, their genuine grievance in respect of payment PLB/Ad-hoc bonus to these staff should also be considered .

Also read: Bonus for 2017-18 to be Paid in the Current Year 2018

It would be pertinent to recall that, Finance Ministry used to extend the benefit of PLB/Ad-hoc Bonus to the Central Autonomous Bodies also at par with other Central Government employees till the year 2014-15. Surprisingly, employees of the Central Autonomous Bodies have been deprived of this benefit after the year 2014-15 without assigning any bonafide reason thereto.

It is, therefore, requested that, necessary action may kindly be taken for granting ad-hoc bonus to the Central Autonomous Bodies also on par with the Central Government employees for the years 2015-16, 2016-17 and 2017-2018, as was being done till the year 2014-15 in the larger interest of justice and parity.

Sincerely Yours,
sd/-
(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)

Source: http://ncjcmstaffside.com

Minutes of Anomaly Committee Meeting Held on 17.07.2018 – NC JCM Staff Side

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Minutes of Anomaly Committee Meeting Held on 17.07.2018 – NC JCM Staff Side

Minutes of the Anomaly Committee meeting held on 17.07.2018

The meeting of the 7 CPC National Anomaly Committee was held today (17/7/2018). Shri Chandramoul i, Secretary (P), DOPT presided over this meeting. The Department of personnel had identified the following six items only for discussion:

I. Item No. 3- Removal of condition of 3% stipulated to grant bunching benefit

2. Item NO 4- Fixation of pay on promotion

3. ltme No. 5- Removal of Anomaly in Pay Matrix

4. Item No 8- Lesser Pay in higher level of Pay Matrix

5. Item No. 9 ~ Bunching of steps in the revised pay structure

6. Item No. 14 – Grant of GP 5400 to Sr Section Officer of Railways and AAOs of IA&AD and Organised Accou:1ts (Civil Accounts, Postal Accounts and Defence Accounts)

The above items were subjected to discussions and the fo llowing decisions were taken.

Item No 3 – The Govt. will consider as to how the matter could be resolved after assessing financial implications

Item No 4 – The suggestion of the Staff Side to fix the pay on promotion at the next higher stage after granting one increment was not accepted. After discussion it was agreed that Govt would address the issue on case by case basis. Those who are covered by the anomaly described under this item have been advised to make representation to Fin. Ministry directly. The staff side however insisted that the entire anomaly would he resolved if two increments are granted while on promotion/MACP.

Item No. 5 & 8 – it was agreed by the official side that this is an aberration ·and shall be addressed.

Item No 9- Rejected by official side

Item No 14 – The matter is under consideration of the Govt…….

Complete Detail is given below…

Source: http://ncjcmstaffside.com