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Ensuring five promotions in the service career

By
igeadmin
-

S. No. 12 — Ensuring five promotions in the service career.

Establishment Division, DoPT, vide their letter dated 09.02.2017, had informed that action on this point was required to be taken by Cadre Review Division and a letter had been written to the concerned Joint Secretary. With regard to other demand i.e. grant of MACP in promotional hierarchy, they informed that if MACP was granted in the promotional hierarchy, it would give rise to uneven benefit to employees falling in the same pay scale since several organizations had adopted different hierarchical patterns. Consequently employees working in organizations having larger number of intermediate grades would suffer because financial upgradation under MACPS would place them in lower pay scale vis-a-vis similarly placed employees in another organization that had fewer intermediary grades. Further, 7th CPC has also recommended that MACP will continue to be administered in the hierarchy of levels in the Pay Matrix.

Staff-Side opined that the previous ACP scheme was far better because it was in promotional hierarchy while MACP scheme provides upgradation in grade pay hierarchy. Staff-Side further stated that the two financial upgradations under the previous ACP scheme after 24 years were more beneficial than what an employee would get after three decades under the MACP Scheme. On this, the Chairman observed that the Standing Committee cannot look into issues which have been settled by the 7th CPC.

It was informed that when this anomaly was earlier pointed out to the Joint Committee it was promised that this would be reconsidered and rectified. They suggested that if the MACP scheme was considered more beneficial, the employee should be given option to choose whether he wants ACP scheme or MACP scheme. The Chairman desired to know if there was any pay commission recommendation on this issue, on which he was informed that there was not.

It was decided that the Establishment Division would examine the issue further.

{Action: JS(E)DoPT}

Standing Commitee Meeting 31 Agenda Item Status  – Check here

 

Non-implementation of the decision taken in the 46th NCJCM)Meeting

By
igeadmin
-

S.No.13 – Non-implementation of the decision taken in the 46th National Council (JCM) Meeting held on 15th May 2010 with regard to Item No. 20.

Ministry of Defence (MoD) vide their OM dated 28.04.2017 had informed that the issue regarding non-applicability of CCS (RSA) Rules, 1993 to the workers employed in Defence Establishments, was earlier discussed in the 46th Ordinary Meeting of the National Council CM) held on 15.05.2010,and 91″ Depaitmental Council Meeting of Defence held on 18.11.2016. CDRA has stated that in a meeting held on 12.05.2003 in Ministry of Defence, it was observed that there had been two different recognition rules for Unions and Associations and it was unanimously accepted that the present system of membership of Workmen in the Associations as well as in the Unions should not be disturbed and the matter was treated as closed. So, he requested that this demand should not be accepted and the ‘status quo’ may be maintained in all the Defence Establishments for functioning of the Recognized Service Associations.

Ministry of Defence further stated that it was important to note that recognized Federations of MoD kept silent from 2003 to 2009 and did not raise this issue in the light of the decision taken on 12/05/2003. It is perhaps due to the declining membership of Unions in the Defence Establishments that these unions desire to raise their membership at the cost of Associations where workmen are also their members. Moreover, it is a policy matter of MoD to allow workmen to. continue both as members of Associations as well as of Unions and the same was also unanimously approved by the then representatives of recognized Federations of MoD in the meeting held on 12/05/2003. In the light of the above facts, MoD has now sought to know the reasons from all the recognized Federations as to why the matter was again raised in the National JCM Council Meeting in 2010 while it was already unanimously resolved on 12/05/2003. After obtaining their views, the matter will be discussed to reach a conclusion.

Responding to the statement made by, the Ministry of Defence, the Staff Side stated that the meeting held on 12/05/2003 with recognised Federations was nothing to do with the present issue. The discussion held on 12/05/2003 was with regard to Secret Ballot Verification of membership of the Federations and Associations to decide about the proportionate representation in the JCM Scheme. Since the MoD at that point of time was permitting workmen to be members of both Unions and Associations, it was decided that they should be allowed to participate in the Secret Ballot. The contention of the Staff-Side was that the MoD should follow the CCS(RSA) Rules, 1993 which prohibits worker to become members of the Associations and the recognition granted in violation of the rules to the associations of workers may be withdrawn, since the workers are governed under Trade Union Act, 1926 and Industrial Disputes Act,1947.

It was decided that Secretary, Ministry of Defence would be requested for a meeting to discuss and settle the issue.

Staff-Side stressed that the recognition has to be in accordance with the rules. It was decided that Secretary, Ministry of Defence would be requested for a meeting to discuss the issue.

{Action: JCA (DoPT)}

Standing Commitee Meeting 31 Agenda Item Status  – Check here

 

Reduction of one day Productivity Linked Bonus (PLB) to the employees of OFB & DGQA

By
igeadmin
-

S. No. 14 – Reduction of one day Productivity Linked Bonus (PLB) to the employees of OFB & DGQA under Department of Defence Production against Cabinet decision and Government orders.

Department of Expenditure had through their letter dated 24.01.2017 informed that one of the recommendations of the 6th CPC had been to introduce Performance Related Incentive Scheme (PRIS) by replacing the existing PLB Scheme. As this recommendation was being examined separately, a decision was also taken in October, 2008 that the PLB to be paid should not exceed what had been disbursed during the immediately preceding year. Though the recommendation of the 6th CPC was being examined separately, no decision could be reached in the matter and it was referred to 7th CPC. The 7th CPC, while recommending for introduction of PRP for all categories of Central Government employees has also recommended that PRP should subsume the existing bonus scheme Noting that there could be a time lag in implementing the PRP by different Departments, the existing Bonus scheme should be reviewed and linked with the increased profitability/productivity under well-defined financial parameters. As the 7th CPC has recommended for review of the existing scheme of PLB and its being subsumed in PRP, it is not possible to make any change in the existing practice of paying PLB by concerned administrative Department where PLB scheme is applicable.

The Staff-Side stated that there was already a Cabinet decision in this matter. It was stated that for the Defence establishments, the Hon’ble Raksha Mantri ji had decided to cap PLB to 41 days even if the entitlement would have been for more days. A few years ago the output was less and the PLB was limited to 40 days. However, on that basis every year it is being capped at 40 days even if the entitlement is for 41 days. This was said to be illegal and the Cabinet decision is not being implemented.

JS (Personnel) stated that in view of this new point about there being a Cabinet decision about the PLB formula of Defence Establishments, they would re-examine the issue and take an appropriate view in the matter.

{Action: D/o Expenditure}

Standing Commitee Meeting 31 Agenda Item Status  – Check here

 

One time relaxation to the Central Government employees who have availed LTC-80

By
igeadmin
-

S. No. 15 – Grant of one time relaxation to the Central Government employees who have availed LTC-80 and travelled by air by purchasing ticket from authorities other than authorised agents.

Establishment Division had through their letter dated 03.02.2017 informed that DoPT was in receipt of complaints regarding misuse/corruption in LTC especially in cases of LTC-availed travel to Jammu & Kashmir, North East regions and Andaman & Nicobar Islands. In the wake of reported scams, DoPT has been impressing upon the need for booking the LTC tickets from authorised agents and has been circulating such instructions amongst Ministries / Departments to create awareness amongst Government employees. Granting en-manse relaxations without proper examination of the LTC claims may not serve any public interest and in fact may encourage the unscrupulous persons. The Division is of the view that the Ministries/ Departments need to examine the cases on merit. Only exceptional cases where the Ministry/ Department is satisfied that undue hardship is being caused in any particular case, it may be referred to DoPT for consideration. In cases of any fraudulent claims/ attempts to inflate the claims, appropriate disciplinary action should be taken by the respective Department.

Staff-Side stated that Group C and D employees were not aware of the rules. They were also not informed that they would have to procure tickets from the authorised agent or from the website of airlines. Later a clarification was issued that tickets were to be purchased from the authorised agents. At the same time, notices had also been issued that the amount would be recovered from salaries in case of non-compliance. They stated that if somebody had done wrong or had not travelled at all, then action may be taken. However, if the persons had submitted proper bills and boarding passes, they should not be subjected to recovery.

Staff-Side stated that DoPT had advised that each case should be sent after examination on merit and had also sought details of number of cases. JS(E) stated that the total number of employees have not been ascertained and no definite answer on the number of employees who are affected by this has been given. On this, Chairman observed that giving an exact number may be difficult as it could be in thousands. Staff Side suggested that the concerned administration which gave the LTC advance may examine if the employee had actually travelled. If there is any difference in the fare charged by Air India on the day of travel, the excess amount may be recovered from the employee. It was stated that the employees are facing hardship as it was not initially specified to them that they should purchase ticket only from an authorised agent or from the website of the airlines.

It was decided that Establishment Division of DoPT should relook into the issue in view of the difficulty faced by the employees.

{Action: Establishment Division (DoPT)}

Standing Commitee Meeting 31 Agenda Item Status  – Check here

 

House Rent Allowance to the employees who have vacated government quarters

By
igeadmin
-

S.No. 16 — Grant of House Rent Allowance to the employees who have vacated government quarters.

Department of Expenditure had through their 0. M. No. 10-2/2016-E.III(A) dated 12.04.2017 informed that as per the O.M. dated 27.11.1965 of the D/o Expenditure, HRA would be admissible to government employees eligible for government accommodation only if they had applied for it but did not get it. In places where surplus government accommodation is available, Ministry of Urban Development insists on the employees’ furnishing ‘No Accommodation Certificate’ at the place of posting. DoE further stated that they had not received the orders of the CAT, Chennai/ Madras High Court from the Ministry of Defence and hence DoE does not know whether the CAT order has been implemented or not. However, after the dismissal of the WP /SLP by the Calcutta High Court/Supreme Court, DoE had agreed to a proposal from MoD for implementing the CAT Calcutta’s order in an exactly similar matter. But the benefit was restricted to the applicants of the O.A. DoE further asserted that since the requirement of No Accommodation Certificate was in order, it did not require any review. MoD was advised to defend similar cases pending before courts.

Representative of Ministry of Urban Development informed that the HRA rules are administered by the Ministry of Finance and the Directorate of Estates (DoE) does not deal with every matter related to HRA. DoE is partly concerned with HRA Rule 4(a) (ii) to determine the entitlement of their employees for HRA where the admissibility of HRA to an employee is to be seen in the context of refusing govt. accommodation. DoE only notifies the cities in which the govt. residential accommodation is in surplus for the guidance of DDOs in various Central Government offices so that they could determine the entitlement of HRA of the individual officer under their control. Directorate of Estates (Region Section) vide O.M no. D-11016/36/2011-Regions, dated 26.04.2012 has permitted the utilization of surplus/ vacant houses of GPRA in absence of demand from eligible persons by ineligible Central Government offices to prevent revenue loss to the exchequer. Therefore, there is no scope of revenue loss to the exchequer even if houses have to be declared ‘surplus as certain employees vacate their Government accommodation after building their own after availing HBA.

In view of this, DoE accepted ‘in principle’ the comments of Staff-Side on this item regarding grant of House Rent Allowances to the employees who had vacated Government Quarters. However, since the instructions relating to quantum, entitlement and admissibility of house rent allowance (HRA) are issued by Ministry of Finance, the issues are being taken up with them before taking a final decision on the issue. JS(Personnel) stated that if a reference is sent to them, Department of Expenditure will look into the issue.

Standing Commitee Meeting 31 Agenda Item Status  – Check here

 

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

By
igeadmin
-

S. No. 17 — Restoration of interest-free advances withdrawn by the Government based on 7th CPC recommendations.

JS(Personnel) informed that the issue had been considered by the Cabinet but not agreed to. It was decided that the item may be treated as closed.

 

Standing Commitee Meeting 31 Agenda Item Status  – Check here

 

Grant of entry pay recommended by 6th CPC to the promotees

By
igeadmin
-

S. No. 18 — Grant of entry pay recommended by 6th CPC to the promotees under the provisions of CCS(RP) Rules- 2008.

Department of Expenditure had through their letter dated 24.01.2017 informed that the recommendation of the NAC for grant of entry pay to all the promotees under 6th CPC had been considered by that Department. However, it was not agreed to considering the fact that it was in modification of the recommendations of the 6th CPC. This decision was taken with approval of Finance Minister.

However, in the light of the order of the CAT, Principal Bench, Chennai, they have requested Ministry of Defence and Department of Revenue to intimate the action taken by them since the applicants of the OAs are working in those departments. A reply is yet to be received.

Staff-Side stated that this problem is acute in organisations where there is no direct recruit or recruitment has not taken place for some time. As such there is no junior direct recruit employee. Considering the submission made by the Staff-Side that no person’s salary could be fixed at less than the minimum of the pay scale or pay band, as the case may be, the Official Side had agreed to raise the pay of promotee officials on par with directly recruited personnel, irrespective of the fact whether direct recruitment has really taken place or not. The said agreement ought to have been translated into order. It is not correct for the Finance Minister to dishonour the agreement and no tangible reason has also been advanced by the Official Side for such a decision. Noting this to be an anomalous situation which causes suffering to the employees, it was decided that the Department of Expenditure would re-examine.

{Action: D/o Expenditure}

Standing Commitee Meeting 31 Agenda Item Status  – Check here

 

Grant of 3rd MACP in GP Rs.4600 to the Master Craftsmen(MCM)

By
igeadmin
-

S. No. 19 – Grant of 3rd MACP in GP Rs.4600 to the Master Craftsmen(MCM) of Defence Ministry who were holding the post of MCM in the prerevised pay scale of Rs.4500-7000 as on 31/12/2005.

Establishment Division had through their letter dated 09.02.2017 informed that a formal proposal of M/0 Defence had been received. The matter was discussed with the representatives of M/o Defence twice i.e. on 19.01.2016, and 26.01.2016. The issue will be referred to D/o Expenditure for reconsideration of their earlier advice.

The Staff-Side expressed satisfaction with the action taken. It was decided that the item may be closed.

{Action: Establishment Division (DoPT)}

Standing Commitee Meeting 31 Agenda Item Status  – Check here

 

Carrying forward of Earned Leave by Defence Industrial Employees on transfer

By
igeadmin
-

S. No. 20 – Carrying forward of Earned Leave by Defence Industrial Employees on transfer / appointment from non Industrial to Industrial Establishment.

Ministry of Defence (MoD) had vide OM dated 28.04.2017 sent the following comments

(i) D(Civ-II) – The proposal was examined in MoD and it was decided that the same cannot be recommended for making amendment in Rule 6 of the CCS (Leave) Rules, 1972 unless there is strong justification. The position was explained to AIDEF vide letter dated 08.04.2016. Recently, on 12.04.2017 MoD has sought comments from concerned Directorates/ Organisations/ Service Headquarters in this regard. The proposal has been circulated to various Divisions for consideration in MoD and then to refer to DOP&T.

(ii) DGAQA has conveyed that the comments were called for from various Associations/Unions working in field establishments of DGAQA and most of the Associations/Unions are in agreement with the stand taken by Staff Side on transfer of leave in excess of 120 days to the leave account and not encashing it when a non-industrial employee is transferred to industrial establishment.

(iii) Air HQ has conveyed that after November, 2006, as per the amended Leave Rules, industrial employees can accumulate and encash Earned Leave up to 300 days. A proposal is also under consideration with MoD to bring the industrial employees under CCS (Leave) Rules, 1972. DRDO has clarified that all the industrial and non-industrial employees of DRDO are allowed to en-cash Earned Leave up to 300 days.

JS(E) mentioned that Establishment Division is examining the matter in light of the comments received and will take a decision.

{Action: M/o Defence/Establishment Division (DoPT)}

Standing Commitee Meeting 31 Agenda Item Status  – Check here

 

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

By
igeadmin
-

S. No. 21 – Reimbursement of actual medical expenditure incurred by the employees in recognized hospitals.

Ministry of Health & Family Welfare had vide their O.M. No. B- 12014/01 /2016-JCM dated 05.04.2017 informed that private hospitals empanelled with CGHS had signed Memorandum of Agreement (MoA) with Government to charge at CGHS rates. In case of any excess charging, the same is recovered from the hospital bills by CGHS and paid to the beneficiaries and the hospitals are penalised as per the provisions under the MoA. The representatives requested that specific instances may be brought to their notice so that they can take action.

Staff-Side stated that the problem has also been that the rates fixed by CGHS were so low that the hospitals were refusing to admit the CGHS beneficiaries. Another problem is about unpaid bills. They requested that the Ministry of Health & Family Welfare should revise their rates at regular intervals so that the CGHS beneficiaries do not have to suffer more on account of delay.

(Action: M/o H&FW}

Standing Commitee Meeting 31 Agenda Item Status  – Check here

 

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