Revision of the rates of Night Duty Allowance (NDA) – recommendations of 7th Central Pay Commission.
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
S.No.PC-VII/95
RBE No. 36/2018
No.E(P&A)II-2017/HW-1
New Delhi, dated 08.03.2018
The General Managers/CAOs,
All Indian Railways & Production Units.
Sub :- Revision of the rates of Night Duty Allowance (NDA)-recommendations of 7th Central Pay Commission.
Please refer to Board’s letter No.E(P&A)II-2008/HW-2, dt. 16.12.2008 (RBE NO.199/2008) as amended from time to time regarding revision of rates of Night Duty Allowance (NDA) during 6th CPC period.
2. Consequent upon the decision taken by the Government of India on the recommendations of the 7th CPC, the President is pleased to decide that the hourly rate of NDA shall be equal to {(Basic Pay+Dearness Allowance)/200) which would be admissible to eligible categories of non-gazetted Railway Servants classified under chapter XIV of the Railway Act, 1989 read with the Railway Servants (Hours of Work and Period of Rest) Rules, 2005 for work put in during the period from 2200 hrs to 0600 hrs. The rate should be worked out separately for each employee. The present formulation of weightage of 10 minutes for every hour of duty performed between the hours of 22:00 and 06:00 would continue.
3. The grant of NDA shall be subject to furnishing of a certificate by the supervisor concerned that Night Duty is essential.
4. The revised rates of NDA shall be admissible with effect from the 1st of July, 2017.
5. These orders would be subject to modification, if any, after the issue of instructions by the Nodal Ministry i.e. Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training).
6. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.
F.No.8-1/2016-PAP
Government of India
Ministry Of Communication
Department of Posts
(Establishment Division) /P.A.P.Section
Dak Bhawan, Sansad Marg, New Delhi – 110 001
Dated 19th March,2018
To
1. All Heads of circles
2. All heads of postal Accounts Offices
3. Deputy Director General (PAF)/CGM,PLI/CGM,BD
4. ADG (ADMN) Postal Directorate
5. All heads of postal staff college/P.T.Cs
Sub: Grant of Dearness Allowance to Central Government Employees – Revised Rates effective from 1.1.2018
I am directed to forward herewith a copy of the Ministry of Finance, Department of Expenditure’s Office Memorandum No.1/1/2018-E-II(B) dated 15th March, 2018 on the subject cited above for information, guidance and further necessary action.
This issue with the approval of the competent authority.
30th SCOVA meeting Fresh Agenda Items – DOPPW ORDER
SCOVA
F.No.42/0S12018-P&PW(G)
Government of India
Ministry of Personnel, P.G and Pensions
Department of Pension & Pensioners Welfare
********
3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110003
Date:- 19th March, 2018
To
All the Pensioners Associations included in SCOVA
vide Resolution dated 31.01.2018
Subject: 30th SCOVA meeting under the chairmanship of Hon’ble MOS(PP)- Fresh Agenda Items
Please find enclosed herewith a list of 9 Fresh Agenda Items to be taken up for discussion in the 30th SCOVA meeting to be held under the chairmanship of Hon’ble MOS(PP) on 23.03.2018 at 10.30 am in Committee Room-A, Vigyan Bhawan Annexe, New Delhi for kind perusal.
Encl: as above
(Charanjit Taneja)
Under Secretary to the Govt. of India
Revision of PPOs of pre-2016 pensioners/family pensioners as per 7th CPC orders.
Orders have been issued by Department of Pension & Pensioners Welfare for revision of pension of pre-2016 pensioners/family pensioners vide OM No. 38/37/2016-P&PW(A) dated 04.08.2016 and 12.05.2017. Department of Pension and Pensioners’ Welfare has also issued Concordance table to facilitate quick revision of pension. Provision has also been made in the “Bhavishya” software to revised the pension electronically. However, the pace of revision of pension/family pension of pre-2016 pensioners/family pensioners is not satisfactory. Action needs to be taken to expedite revision of pension of pre-20 16 pensioners/family pensioners.
Payment of arrears accruing in respect of deceased pensioners/family pensioners to the nominee/legal heir.
On death of pension/family pensioner, the pension account is closed by the bank and the balance amount in the account is paid to the nominee. However, the lifetime arrears arising subsequently on account of Pay Commissions etc. are not paid to the legal heirs of the deceased pensioner/family pensioner either on account of fact that the pension/family pension is not revised by the concerned Pension Sanctioning Authority(PSA) or the amount of arrears of revised pension/family pension is not paid due to closure of the bank account. In such cases the amount of arrears is kept in a suspense account. Therefore, suitable instructions may be issued to CPAO/PAOs and CPPCs of the banks to make sure that the benefits arising out of revision of Pension/Dearness Relief is also disbursed to the nominee/legal heirs of the deceased pension/family pensioner.
iAction:- CPAO and Department of Financial Services)
(30.3)
Extension of benefit of modified parity/ revision of pension by pay fixation method to pensioners drawing Compulsory Retirement Pension/Compassionate Allowance (on dismissal/removal).
In the 5th and 6th CPC, orders were issued for revision of pension of past pensioners who were dismissed/compulsorily retired by consolidation of their pre-revised Pension, Compassionate Allowance and Dearness Pension, Dearness Relief and Fitment benefit. However, the benefit of modified parity i.e fixation of pension on 50% of the minimum of pay-scale/minimum of Pay Band + Grade Pay was not extended to such pensioners. Similarly, in the 7th CPC, although the benefit of revision of pension by modifying the pre-revised pension by a factor of 2.57 has been allowed in such cases, the benefit of revision of pension by notional pay fixation method h as not been extended to the pre-2016 pensioners/family pensioners who were compulsorily retired/dismissed from service. The benefit of modified parity in 5th and 6th Pay Commission and notional pay fixation in the 7th CPC should also to be extended to the pensioners drawing compulsory retirement pension/compassionate allowance.
(Action:- DoPPW)
(30.4)
Empanelment of private referral hospitals in each of the districts of the States in the country.
Consequent on allowing Non-CGHS area; P& T pensioners to join CGHS, there is an increase in number of pensioners under CGHS from difference areas of the country. At present, CGHS is functioning only from the State capitals and some important cities. Therefore, the newly joining CGHS beneficiaries from the distant districts are not able to avail CGHS facilities. At least one renowned private hospital in every district, which is ready to accept the norms of CGHS including the approved rates etc. may be added as a referral hospital.
(Action:- Ministry of Health and Family Welfare)
(30.5)
Revision of CGHS package rates suitably for attracting more private hospitals for empanelment.
The rates of medical facilities for providing hospitals under CGHS are very less which discourages the private hospitals to get themselves empanelled under the CGHS Scheme. Therefore, CGHS package rates should be suitably revised so as to attract more private hospitals for empanelment under the scheme.
(Action:- Ministry of Health and Family Welfare)
(30.6)
Fixed Medical Allowance for pensioners who are residing away from RELHS centres.
Present rate of Fixed Medical Allowance (FMA) which was introduced w.e.f 01.12.1997 is Rs. 1000/- per month and is available to Central Government pensioners who are residing outside CGHS. It has been made compulsory for the Railway Pensioners to join RELHS Scheme and such Railway Pensioners are not entitled to any FMA irrespective of their place of residence and the distances from the RELHS Centers. FMA, which is given for OPD facilities treatment near the residence of the pensioners, may be extended to all Railway Pensioners.
(Action:- Ministry of Railways)
(30.7)
Difference in Last Rank held and Rank for Pension in the case of pre-2006 military pensioners.
After 01.01.2006, Rank for pension and Rank last held is same for grant of pension of Military Pensioners. However for a few pre 01.01.2006 Military Pensioners, rank for pension and rank last held may be different. Such anomaly leads to variation of pension for pre-2006 and post- 2006 retirees. In view of above, the policy of post 01.01.2006 be followed for all pensioners and orders be issued for implementation.
(Action: Ministry of Defence)
(30.8)
Extension of benefit of Composite Hospitals to CAPF personnel.
The medical facilities from Composite Hospitals of CAPF are available only to serving CAPF employees and these services are not provided to retired CAPF personnel. The CGHS facilities are available only in State capitals and are not available to CAPF personnel settled in distant places. Fixed Medical Allowance (M) of Rs. 1000/- is not sufficient for medical needs of the retired CAPF personnel. The medical facilities in Composite Hospitals which are available in all the States should also be extended to the retired CAPF personnel and required funds may be provided by Ministry of Home Affairs to these Hospitals.
(Action: Ministry of Home Affairs)
(30.9)
Holding of regular Pension Adalats by all Major Ministries/Departments.
Department of Pension & Pensioners Welfare have recently started holding Pension Adalats. Among other Departments only Postal Department is holding Pension Adalat twice a year. Other Central Ministries/Departments i.e Railways, Defence, Telecom, Central Excise and Customs, Income Tax etc. are not holding Pension Adalats. They should be advised to hold regular Pension Adalats.
Sixteen points charter of Demands submitted by FNPO
No.08-12/2017-SR-(Vol-I) Government of India Ministry of Communications Department of Posts (SR Section)
Dak Bhawan, New Delhi
Dated: 14th March, 2018
To
The Secretary General,
Federation of National Postal Organisations,
T-24, Atul Grove Road,
New Delhi-110001
Subject: Sixteen points charter of Demands submitted by FNPO.
Sir,
I am directed to refer to your letters of No. Strike/02/2018 dated 18-01-2018 and No. Strike/08/2018 dated 28-02-2018 on the above mentioned subject. The charter of demands has been examined by the concerned Divisions and replies to each item of demands showing the present status are enclosed herewith at Annexure X.
As many of your demands have been settled and few are under active consideration of the Department, it is requested that the proposed trade union action called by you on 15-03-2018 may be called off.
This issues with the approval of competent authority.
Yours faithfully,
(Daisy Barla)
ADC (SR & Legal)
Encl: As Above
Annexure-X
16 points charter if demands submitted by FNPO vide letter dated 18-01-2018
Sl.No.
Item/demand
Reply received from concerned Division
1.
Implementation of positive recommendation of GDS Committee Report.
Establishment Division:
Matter is under examination of Government.
Grant of civil servant status to GDS. Request for ‘Removal of 3-A (1) of GDS Conduct & Engagement Rules, 2011, Grant pension to all GDS without absorption as regular Group D – As per Principal CAT, New Delhi Judgment.
Reply is awaited from concerned Division.
2.
Granting the benefits of MACPs w.e.f. 01/01/2006 as per 6th CPC based on the judgment of the Hon’ble Supreme Court.
Reply is awaited from concerned Division.
3.
Implement cadre restructuring for left out categories i.e. RMS, MMS, PACO, Postmaster Cadre Postal Civil Wing etc. and the demands of the National Union of Postal Civil Wing Employees.
The cadre restructuring of left out cadres, i.e. RMS, MMS, PACO and PASBCO is currently under examination in consultation with the Department of Expenditure. The Department of Expenditure has raised some queries on the above proposal. However, the comments on the said queries are being prepared by this office for furnishing the same to Department of Expenditure. The process of cadre restructuring of Postmaster Cadre has been initiated and necessary information is being collected from the Circles.
Demands of the National Union of Postal Civil Wing Employees:
Same points was raised by the representatives of FNPO during the meeting held on 28.03.2017 under the Chairmanship of Addl. Director General (Co-ordination) and minutes of the meeting issued on 12.04.2017. As stated in para 2 of the minutes, it was decided by the Competent Authority that the representative of the FNPO will submit a proposal for cadre review with full justification and the same will be examined by this office for further action in the matter.
No such proposal has however been received till date. In the mean time a proposal for cadre restructuring has been received from Bharatiya Postal Civil Wing Non-Gazetted Employees Union on 19.09.2017 which has been taken on record. The FNPO has been reminded vide this office letter dated 05.12.2017 to submit the proposal at the earliest but the same has not been received till date. A reminder for the same has been issued on 12.02.2018. After receipt of the proposal from the FNPO the matter will be examined and preceded further as per rule.
4.
Implement CSI and RICT only after providing all required infrastructure including bandwidth.
Technology Division-CSI:
Infrastructure:-
Hardware is being provided as and when funds are made available. CSI will be rolled out only after the compliant hardware is there, either new, existing or upgraded
Bandwidth:-
Bandwidth is being upgraded wherever required. The powers of bandwidth up-gradation/down-gradation are decentralized to the Circles in almost all the cases.
RB Division:
The Digital Advancement of Rural Post Offices for a New India (DARPAN) project aims to cover 1.29 lakhs BOs by providing Handheld RICT devices which will enable the Branch Postmasters to carry out online transactions. As on date 54308 devices have been rolled out.
Equipment connected with the DARPAN such as Handheld device and solar panel are supplied to all Branch Post Offices which have been rolled out.
In addition to the above, Infrastructure items e.g. table, chair, iron safe, Amirah etc are also supplied as per target fixed every year under the scheme “Rural Business & Access to Postal Network”.
As regards to connectivity issue decision has been made to on board Network Aggregator for providing better network connectivity of various service provider to the Branch Post Offices.
5.
Filling up of all vacant posts in all cadres of Department of Posts i.e. PA, SA, Postmen, Mailguard, Mailmen, Drivers, and Artisans in MMS, MTS, PACO and GDS.
In respect of PAs/SAs DR vacancies, it is submitted that:
i)Vacant posts of Pas/SAs for the year 2015-16, 2016-17 and 2017-18 have been given to the Staff Selection Commission, New Delhi for recruitment. Result of CHSL Exam, 2015 conducted by SSC has been declared. Recruitment of Pas/SAs under CHSL 2015 has been completed. As per the website of SSC., the final result of CHSL examination 2016 will be declared on 16.02.2018.
ii) Vacant posts of PA/SA DR 2013-14 exams of 6 Circles (UP, Bihar, Delhi, MP, Jharkhand and HP) had been given to the SSC for recruitment. These vacancies are also included under CHSL Exam, 2015 conducted by the SSC.
iii) Maharashtra Circle is completing the recruitment of PA/SA DR Exam, 2013-14 as the result of the same has already been declared by Maharashtra Circle.
iv) As per the order dated 13.07.2017 of Hon’ble Supreme Court of India, the Department is reinstating the candidates who had been terminated in five Circles namely Chhattisgarh, Uttarakhand, Rajasthan, Gujarat and Haryana Circle. As per report furnished by the Circles, total 643 reinstatement orders have been issued to the candidates as on 02.02.2018.
For the Postman/Mail Guard and MTS cadre exams, instructions have been issued to all the Circles to fill up the vacancies by giving top priority.
Calendar of departmental Examinations scheduled to be held in the year 2017-18 has already been issued to all the Circles by giving tentative schedule for filling up the vacancies of decentralized examination i.e. PO & RMS Accountants Examination, LDCs to Junior Accountants in PAOs (Exam has been conducted by respective Circles), LGOs examination for promotion to Assistants of other wings i.e. MMS, Foreign Post, RLO, Stores Depot and CO/RO and other exams.
Calendar of departmental Examinations scheduled to be held in the year 2018-19 will be issued soon.
6.
Request to grant of a new scale to the temporary status MTS on par with 7th CPC.
Reply is awaited from concerned Division.
7.
Stop all types of harassment and victimization in the name of new schemes and technology induction and under contributory negligence factor and trade union victimization.
FS Division:
There is no case of harassment and victimization in the name of new scheme and technology induction.
8.
Payment of revised wages and arrears to the casual, part-time, contingent employees and daily rated mazdoors as per 6th and 7thCPC and settle the other issues of casual labourers.
Reply is awaited from concerned Division.
9.
Restore OTA, OSA & Special allowance of PO & RMS Accounts.
Establishment Division:
Special Allowance of PO & RMS Accountant is being processed.
10.
One time relaxation to the Central Government employees who have availed LTC-80 and travelled by air, by purchasing tickets from authorities other than authorized agents.
Establishment Division:
To be taken up with Department of Personnel & Training.
11.
Removal of ambiguity in the fixation of pay of re-employed ex-servicemen and grant of the benefit extended to commissioned officers to personnel below officer rank also.
Establishment Division:
To be taken up with Department of Personnel & Training
12.
Withdraw NPS (Contributory Pension Scheme). Guaranteeing 50% of last pay drawn as the minimum pension.
Reply is awaited from concerned Division.
13.
Implement five days week working for operative staff in the Postal Department.
Reply is awaited from concerned Division.
14.
Stop Privatization, Contractorization and outsourcing.
BD & MD:
Business Development & Marketing Directorate issued instruction in past to outsource certain kind of activities/services which could not be managed with the available manpower/resources. These were new kind of activities, for which there is no provision of manpower/less man power due to increased workload, but they have good impact on the revenue generation. Therefore in order to continue the business growth, without adversely impacting the existing staff arrangements, BD & M Directorate issued instructions to outsource certain kind of activities like pre-mailing, pick up etc.
In the express industry, collection from the customer’s premises is a norm as it provides convenience to the customer. Speed Post OSA scheme was introduced in the year 1998 to extend the collection facility from customer’s premises and increase booking points as the infrastructure and resources for Speed Post collection is not adequate to meet the customer requirements. Further to strengthen this Outsourced Postal Agent Scheme was also introduced in 2016.
15.
Stop move of diversion of business of P.O. SB Schemes to Banks (Nationalized and Private).
FS Division:
There is no move of diversion of business of P.O. SB Schemes to Banks (Nationalized and Private). All the schemes of POSB concerning to FS Division are running as usual.
16.
Finalization of Recruitment Rules of AAOs in Postal Accounts and consider the modifications suggested by NAPE-C before finalization.
PA-Wing:
The comments/view have been examined and disposed off vide O.M. No. 301(20)/2017 /PA Admn.III dated 15.01.2018.
Exemption of Railways from New Pension Scheme (NPS) : NFIR writes to Railway Minister
Dated : 19/03/2018
No. IV/NPS/PFRDA BILL/Part I
Shri Piyush Goyal,
Hon’ble Minister of Railways
Rail Bhavan,
New Delhi
Dear Shri Goyalji,
Sub: Exemption of Railways from New Pension Scheme (NPS) – reg.
Ref: (i) Hon’ble MR’s D.o. No. 2012/F(E)III/1/4-Pt dated 29th March 2014 to Hon’ble Finance Minister, Government of India.
(ii) Hon’ble MR’s D.O. No. 2012/F(E)III/I/4-Pt dated 20th Nov 2015 to the Hon’ble Finance Minister Shri Arun Jaitley.
(iii) NFIR’s letter No. IV/NPS/PFRDA BILL/Part I dated l3th Feb, 2017,26th Oct, 2017 and 11/12/2017.
(iv) Railway Board’s letter No. 2012/F(E)/III/1(1)/4-Pt dated 13/02/2018 to GS/NFIR.
Kind attention is invited to the correspondence cited under reference, latest being Railway Board’s reply received vide letter dated 13/02/2018 wherein the Federation has been conveyed that the Hon’ble Minister of Finance and Corporate Affairs has communicated that the matter was re-considered in consultation with Pension Fund Regulatory and Development Authority (PFRDA) and the request for exempting Railway employees appointed on or after 01/01/2004 from the application of NPS does not seem to be a feasible proposition. While NFIR does not agree with the reply of Hon’ble Finance Minister, the Federation re-iterates the valid points placed below, urging upon the Railway Ministry to impress upon the Government, the need for exempting Railways from National Pension System (NPS).
The Ministry of Finance and the Pension Fund Regulatory and Development Authority (PFRDA) have failed to appreciate the facts that the nature of duties performed by the Railway employees is un-comparable, unique, complex, hazardous and akin to the duties being performed by the Armed Forces, in whose case the NPS has not been made applicable.
The Finance Ministry has also failed to appreciate that even during the British rule the Indian Railways was conceived and operated as an auxiliary wing of the Army by virtue of its complex nature of role and uniqueness of working of Railway employees which in turn requires a high degree of discipline, efficiency to run the services and cary passenger and freight traffic throughout the country including supplies to the borders of the nation.
The Finance Ministry has also failed to evaluate that it is the Indian Railways which works as supply line to the Armed Forces during crisis periods by transporting troops from one comer to the other including the nation’s borders besides transporting Military hardware and other war material. In no way the performance of Railway employees can be underestimated than that of the Defence Forces Personnel.
Like Armed Forces, many of the Railway Personnel do stay away from their families for longer durations in the course of performing duties at remote places where minimum basic amenities like suitable accommodation, schooling, drinking water, health care facilities have been missing’ Comparing the structure and importance of Railways with that of the Army, it would not be out of place to state that just as the ‘Army requires a critical mass to fight battle/war, in similar way critical mass of trained employees is required to maintain Railway Tracks, Rolling Stock and ensure operation of services’. On an average over 700 Railway employees die per annum while performing their duties and nearly 3000 employees sustain injuries as reported by High Level Safety Review Committee (HLSRC) headed by Shri Anil Kakodkar. The sacrifices of Railway employees are unParallel.
Considering the strong merits in the demand of the Federation, Hon’ble MRs have written to the Minister of Finance to have a re-look into the case to be considered favourably to exempt Railways from the ambit of National Pension System (NPS)’
Federation desires to mention that the Finance Ministry has erred and equally not considered the justified demand of the Railway employees projected by NFIR, perhaps applying different logic and ignoring the facts mentioned above. In this connection, NFIR reminds that the Federation leaders in the meeting held on 09th February, 2018 at Rail Bhavan, New Delhi had specifically requested the Hon’ble MR to kindly reach the Hon’ble Prime Minister for getting Railways exempted from the application of National pension System (NPS). It is a known fact that the NPS has generated lot of anger and anguish among the younger generation of Railway employees appointed on or after 01/01/2004 due to the inherent disadvantages of the NPS which does not guarantee even minimum pension i.e. half of the last pay drawn by the Railway employees.
NFIR, therefore, once again urges upon the Hon’ble MR to kindly take steps for reaching the Hon’ble Prime Minister for getting exemption of Railways from NPS at an early date’
Grant of Dearness Allowance to Railway employees – Revised Rates effective from 01.01.2018
GOVERNMENT OF INDIA (BHARAT SARKAR)
Ministry of Railways (Rail Mantralaya)
(Railway Board)
PC-VII No.- 97
File No. PC-VII/2016/1/7/2/1
RBE No.: 39/2018
New Delhi, dated: 19.03.2018
The General Manager/CAOs(R),
All India Railways & Production Units, (As per mailing list)
Sub : – Grant of Dearness Allowance to Railway employees – Revised Rates effective from 01.01.2018.
The undersigned is directed to refer to this Ministry’s letter RBE No 137/2017 dated 06.10.2017 (F. No. PC-VII/2016/I/7/2/1) on the subject mentioned above and to say that the President is pleased to decide that the Dearness Allowance payable to Railway employees shall be enhanced from the existing rate of 5% to 7% of the basic pay with effect from 1st January, 2018.
2. The term ‘basic pay’ in the revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix as per 7th CPC recommendations accepted by the Government, but does not include any other type of pay like special pay, etc.
3. The Dearness Allowance will continue to be distinct element of remuneration and will not be treated as pay within the ambit of Rule 1303 (FR 9(21)), Indian Railway Establishment Code, Volume -II (Sixth Edition – 1987) – Second Reprint 2005.
4. The payment on account of Dearness Allowance involving fractions of 50 paise and above may be rounded to the next higher rupee and the fractions of less than 50 paise may be ignored.
5. The payment of arrears of Dearness Allowance shall not be made before the date of disbursement of salary of March, 2018.
6. This issues with the concurrence of Finance Directorate of Ministry of Railways.
The General Manager,
South Central Railway,
Secunderabad.
Sub: Revision of pay scales of teachers in the Railway Degree College, Secunderabad.
It has been decided that the pay scales of the teachers and other academic staff working in the Railway Degree College, Secunderabad may be revised w.e.f. 01.01.2016 as contained in Ministry of Human Resource Development, Department of Higher Education’s letter No. 1-7/2015-U.II(1)dated 02.11.2017 addressed to the Secretary, University Grants Commission, a copy of which is enclosed. Annexure-I is also enclosed with the letter containing Fitment Tables for the purpose of fixation of pay.
2. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.
3. Kindly acknowledge receipt of this communication and report compliance of these orders expeditiously.
DA: As above.
(Meenakshi Vinod)
Deputy Director Estt.(P&A)-I,
Railway Board
PERMISSION TO OPT FOR PAY FIXATION IN THE REVISED PAY STRUCTURE ON A DATE AFTER THE DATE OF ISSUE OF CCS (REVISED PAY) RULES 2016 NOTIFICATION DATED 25.07.2016 DEMAND OF THE JCM NATIONAL COUNCIL STAFF SIDE REJECTED BY GOVERNMENT.
JCM national council, Staff Side, has demanded that under the existing orders the option to come over to revised pay structure from the date of promotion is available only for those employees who are promoted before 25.07.2016. The staff side has demanded that such an option of fixation of pay for coming over to revised pay scale may be given to employees promoted after 25.07.2016 also. The staff side has contended that not giving such an option to an employee who was due for promotion on a date after 25.07.2016 (say on 26.07.2016) will be discriminatory. Government has considered the demand and rejected. The following is the reply of the Finance Ministry, Department of Expenditure.
(M. Krishnan)
Secretary General
Confederation
Mob: 09447068125
Email: [email protected]
DEPARTMENT OF EXPENDITURE VIDE OM DATED 30.08.2017
The position on action taken in respect of item regarding permission to opt for pay fixation in the revised pay structure on a date after the issue of CCS (RP) Rules 2016 (notification on 25.07.2016) in the case of employees whose promotion becomes due after 25.07.2016 is given below:
In the said item the staff side has demanded that under the existing orders the option to come over to revised pay scale from the date of promotion is available only for those employees who are promoted before 25.07.2016, the date of notification of CCS (RP) Rules 2016. The staff side has demanded that such an option of fixation of pay for coming over to revised pay scale may be given to employees promoted after 25.07.2016 also. The staff side has contended that not giving such an option to an employee who was due for promotion on 26.07.2016 (one day after the date of notification) and afterwards will be discriminatory.
The revised Pay rules contained in CCS (RP) Rules 2016 are effective from 01.01.2016. A person holding a particular post as on 01.01.2016 has an option to come over to revised pay scale applicable to that post either straight away on 01.01.2016 or from a date later than that such an option is clearly mentioned in provisio 1 and provisio 2 of Rule 5. A combined reading of provisio 1 and provisio 2 to Rule 5 provided that a Government Servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure.
But, in cases where a Government servant has been placed in a higher grade pay or scale between 01.01.2016 and the date of notification of CCS (RP) Rules 2016 on account of promotion or upgradation, the Government servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation.
Therefore the rules provide while in respect of post held by a Government Servant as on 01.01.2016, the concerned Government Servant may elect to come over to revised pay scale applicable to that post either from 01.01.2016 or from a date later than 01.01.2016, in case he is promoted to a post not held by him on 01.01.2016 on a date later than that, then he can opt to come over to revised pay scale from the date of promotion provided such promotion takes place between 01.01.2016 and the date of notification. Thus the date of notification of the Rules on 25.07.2016 which are effective from 01.01.2016 is the outer limit for option in cases the option is from date of promotion. The similar was the provisions in the Rules pertaining to the 6th CPC in terms of CCs (RP) Rules 2008. This is the fair and time tested rule, as it seeks to allow option in case of promotion during the retrospective effect of the Rules. There has to be outer date and that date is the date of notification of CCS (RP) Rules 2016, which is objective and of fair application. No such objective date beyond 25.07.2016 could be of fair application.
Accordingly it is not possible to agree to the demand of the staff-side.
ABOLISH AND UPGRADE ALL POSTS OF LOWER DIVISION CLERKS (LDCS) TO UPPER DIVISION CLERKS (UDCS) – MINISTRY OF RAILWAYS IS NOT IN FAVOUR OF THE STAFF SIDE DEMAND
Action taken report on the minutes of the standing Committee National Council JCM held on 03.05.2017
Minutes – Reacting to the comment made by the official side, the staff side pointed out that prima-facie, on introduction of computerized functioning in almost all departments, the functions assigned to LDCs have become redundant.
Decision – What is required is to get the report from each department and take a conscious decision, as LDC is a common category.
Report of the Ministry of Railways (OM dated 01.12.2017)
In view of functional requirement of Ministry of Railways (Railway Board) and promotional aspects of MTS, proposal to abolish and upgrade all posts of LDCs (LDC now as Junior Secretariat Assistant) to UDCs (now called as Senior Secretariat Assistant) may not be recommended and besides this, RBSCS is patterned on the lines of the CSCS and the existing system is working well, unless there is any change in CSCS, no change is desirable in RBSCS. 7th CPC has also not provided upgradation of to LDCs; therefore to abolish and upgrade all posts of LDCs to UDCs is considered not feasible.
Delay in approval of Joint Consultative Machinery (JCM) – Recognition of Service Associations in Department of Space/Indian Space Research Organisation by Prime Minister’ Office
Ref: Confdn/Genl/2018
Dated – 14th March 2018
To
Shri Narendra Modiji
Hon’ble Prime Minister of India
South Block
New Delhi – 110001
Sub: – Delay in approval of Joint Consultative Machinery (JCM) – Recognition of Service Associations in Department of Space/Indian Space Research Organisation by Prime Minister’ Office – reg.
Sir,
Your kind attention is hereby invited on the aforesaid subject matter, wherein the Recognition of Service Associations is yet to get approval from PMO even after re-verification completed in August 2014 by Department of Space/Indian Space Research organisation under CCS (RSA) Rules 1993.
Several reminder were given to Secretary, DOS seeking recognition of JCM and the reply was not promising. It was conveyed to us that the Prime Minister’s approval is still pending.
JCM has been functioning in DOS/ISRO centers since 1980 even though it was approved by GOI in 1977. The scheme was formulated in consultation with DoPT. There are 14 Regional/Office Council and one Department Council in DOS. Under CCS (RSA) Rule 1993, JCM is functioning in DOS/ISRO with the approval of Prime Minister as Minister-in-charge of Department of Space. The duration of recognition of Service Association is 5 years.
As per the re-verification of membership of Service Association conducted in August 2014, 17 Associations/Unions were qualified from various ISRO centres. It is highly disheartening that the functioning of JCM is made dormant in DOS and many issues related to employees are unaddressed in department and regional levels in all centres. There are so many anomalies and issues pertaining to employees on implementation of 7th CPC in DOS. Informal JCM meetings conducted till 2015 with 17 qualified Association to redress the grievances of employees in DOS were also bunged.
Hence, we request to you, Sir, to kindly look into this issue and get it redressed early.
Yours faithfully,
(M. Krishnan)
Secretary General
Mob: 09447068125
Email: [email protected]
