E-Receipts may be treated as original for claiming reimbursement of Children Education Allowance – DOPT ORDER
No.A-27012/01/2015-Estt.(AL)
Government of India
Ministry of Personnel, Public Grievances & Pension
Department of Personnel & Training
***
New Delhi, dated 22nd August, 2016.
OFFICE MEMORANDUM
Subject: Children Education Allowance (CEA) – Clarification
The undersigned is directed to refer to Department of Personnel & Training’s O.M. No.12011/ 03/ 2008-Estt.(Allowance) dated 2nd September, 2008 and subsequent clarifications issued from time to time on the subject mentioned above and to say that E-Receipts produced by Central Govt. employees as a proof of payment of fee, etc., may be treated as original and hence may be allowed for claiming reimbursement of CEA.
2. This issues with the approval of Joint Secretary (Establishment).
Clarification on admissibility of Transport Allowance for the officers in Grade Pay of Rs.10,000/- in PB-4
No. 21(2)/2016-E.II(B)
Government of India
Ministry of Finance
Department of Expenditure
****
New Delhi, 19th August, 2016.
OFFICE MEMORANDUM
Subject:- Clarification on admissibility of Transport Allowance in the cases where the officers are drawing Grade Pay of Rs.10,000/- in PB-4 – regarding.
***
Reference is invited to this Department’s Office Memorandum No.21(2)/2008-E.II(B) dated 29.08.2008. Para `3? of the O.M. stipulates that Officers drawing Grade Pay of Rs.10,000/- & above and those in the HAG+ Scale, who are entitled to the use of official car in terms of Department of Expenditure (DoE) O.M. No. 20(5)/E.II(A)/93 dated 28.01.1994, shall be given the option to avail themselves of the existing facility or to draw the Transport Allowance at the rate of Rs.7,000/- p.m. plus Dearness Allowance thereon.
2. Several references have been received in this Department seeking clarification on the admissibility of Transport Allowance to officers drawing Grade Pay Rs.10,000/- under Dynamic ACP Scheme or NFU Scheme. A few cases have also been filed in the Courts in this regard. Hon’ble Central Administrative Tribunal (CAT), Principal Bench, New Delhi, in Order dated 13.05.2014 in O.A. No.4062/2013 filed by Shri Radhacharan Shakiya & Others V/s Union of India & Others, held that the Applicants were not entitled to draw Transport Allowance @ Rs.7,000/- pm. plus DA thereon. The said order of the Tribunal has also been upheld by Hon’ble High Court of Delhi in their Order dated 03.09.2014 passed in Writ Petition (Civil) No. 3445/2014, filed by Shri Radhacharan Shakiya & Others,
3. Accordingly, it is clarified that the officers, who are not entitled for the use of official car for commuting between residence to office and back, in terms of DoE’s OM 20(5)/E-II(A)193 dated 28.01.1994, are not eligible to opt for drawal of Transport Allowance @ Rs.7000/- p.m. + DA thereon, in terms of DoE O.M. No.21(2)/2008-E.II(B) dated 29.08.2008, even though they are drawing Grade Pay of Rs.10,000/- in PB-4 under Dynamic ACP Scheme or under the scheme of Non-Functional Upgradation (NFU).
4. Hindi version is attached.
(Nirmala Dev)
Deputy Secretary to the Govt. of India
Enhancement of Pension for Freedom Fighters under the Swatantrata Sainik Samman Pension Scheme
The existing pension scheme for Central freedom fighter pensioners and their eligible dependents has been restructured as per the table below:
Sl. No.
Category of freedom fighters
Present amount of pension (per month)
Enhanced amount of pension(per month)
1
Ex-Andaman Political Prisoners/ spouses
Rs.24,775/-
Rs.30,000/-
2
Freedom fighters who suffered outside British India/spouses
Rs.23,085/-
Rs.28,000/-
3
Other Freedom Fighters/ spouses including INA
Rs.21,395/-
Rs.26,000/-
4
Dependent parents/ eligible daughters (maximum 3 daughters at any point of time)
Rs.3,380/- (dependent parents)
Rs.5,070/- (daughters)
50% of the sum that would have been admissible to the Freedom Fighter i.e. in the range of Rs.13,000/- to Rs. 15,000/-
The revised scale shall take effect from 15.08.2016.
The existing Dearness Relief system based on All India Consumer Price Index for Industrial workers, which was hitherto applied to freedom fighter pensioners on annual basis, is being discontinued and replaced by the Dearness Allowance system applicable to Central Government employees twice a year.
All freedom fighters and spouses and dependent parents/eligible daughter pensioners of deceased freedom fighters drawing pension under the Swatantrata Sainik Samman Pension Scheme, 1980 would be benefitted by the decision. So far, total 1,71,605 freedom fighters and their eligible dependents have been sanctioned pension under the scheme. At present 37,981 freedom fighters and their eligible dependent pensioners are covered under the scheme. Of these, 11,690 are freedom fighters themselves, 24,792 are spouses(widows/widowers) and 1,499 are daughter pensioners.
In 1969, Government of India introduced the ‘Ex-Andaman Political Prisoners Pension Scheme’ to honour the freedom fighters who had been incarcerated in the Cellular Jail at Port Blair. In 1972, to commemorate the 25th Anniversary of our Independence, a regular scheme for grant of freedom fighters’ pension was introduced. Thereafter, with effect from 01.08.1980, a liberalized scheme, namely the ‘Swatantrata Sainik Samman Pension Scheme’ is being implemented. Besides the freedom fighters, spouses (widows/widowers), unmarried and unemployed daughters (upto maximum three at any point of time) and parents of deceased freedom fighters are eligible for pension under the scheme.
The undersigned is directed to refer to this Department’s OM of even number dated the 26th December, 2013 on the above subject and to say that guidelines/ instructions regarding Technical Resignation have been issued from time to time. It is now proposed to further consolidate these instructions, as the Department continues to receive frequent references on these issues.
2.1 Technical Resignation
2.1.1 As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965, the resignation is treated as a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department, and is on selection, required to resign the previous post for administrative reasons. The resignation will be treated as technical resignation if these conditions are met, even if the Government servant has not mentioned the word “Technical” while submitting his resignation. The benefit of past service, if otherwise admissible under rules, may be given in such cases. Resignation in other cases including where competent authority has not allowed the Government servant to forward the application through proper channel will not be treated as a technical resignation and benefit of past service will not be admissible. Also, no question of benefit of a resignation being treated as a technical resignation arises in case of it being from a post held on ad hoc basis.
2.1.2 This benefit is also admissible to Government servants who have applied before joining the Government service and on that account the application was not routed through proper channel. The benefit of past service is allowed in such cases subject to the fulfillment of the following conditions:
(i) the Government servant should intimate the details of such application immediately on their joining;
(ii) the Government servant at the time of resignation should specifically make a request, indicating that he is resigning to take up another appointment under the Government for which he applied before joining the Government service;
(iii) the authority accepting the resignation should satisfy itself that had the employee been in service on the date of application for the post mentioned by the employee, his application would have been forwarded through proper channel.
(i) In terms of Rule 9(2) of the CCS (Leave) Rules, 1972, technical resignation shall not result in the lapse of leave to the credit of the Government servant. The balance of unutilized Child Care Leave(CCL) as well as all other leaves of the kind due &admissible will be carried forward.
(ii) As per rule 39-D of the CCS(Leave) Rules,1972, in case of permanent absorption in PSUs/ Autonomous Bodies/ State Government etc., the Government servant shall be granted cash equivalent of leave salary in respect of EL & HPL at his credit subject to overall limit of 300 days.
2.3 Carry forward of LTC
Entitlement to LTC may be carried forward in case of a Central Government Servant who joins another post after having submitted Technical Resignation. In case of a Government Servant who resigns within 8 years of his appointment and joins another post in the Government after Technical Resignation, the Government Servant will be treated as a fresh recruit for a period of 8 years from the date of his initial appointment under Government. Thus if a Government Servant joins another Department after serving in Government for 4 years, he will be treated as a fresh recruit for 4 years in the new Department.
2.4. Pay Protection, eligibility of past service for reckoning of the minimum period for grant of Annual Increment
In cases of appointment of a Government servant to another post in Government on acceptance of technical resignation, the protection of pay is given in terms of the Ministry of Finance OM No. 3379-EMI (B)/65 dated the 17th June,1965 read with proviso to FR 22-B.
Thus, if the pay fixed in the new post is less than his pay in the post he holds substantively, he will draw the presumptive pay of the pay he holds substantively into account for FR-9(24). 24). Past service rendered by such a Government servant is taken the minimum period for grant of annual increment in the new post/ se ice! cadre In Government under the provisions of FR 26 read with Rule 10 of CCS (RP) case the Government servant rejoins his earlier posts, he will be entitled to increments for the period of his absence from that post.
2.5 GPF transfer
Transfer of GPF on technical resignation would be governed by Rule 35 of the General Provident Fund (Central Services) Rules, 1960.
2.6 Seniority
On technical resignation, seniority in the post held by the Government servant on substantive basis continues to be protected. However, in case of a Government servant deciding to rejoin his substantive post, the period spent in another department which he had joined after submitting his technical resignation will not count for minimum qualifying service for promotion in the higher post.
2.7 Applicability of Pension Scheme
In cases where Government servants, who had originally joined government service prior to 01.01.2004, apply for posts in the same or other Departments and on selection they are asked to tender technical resignation, the past services are counted towards pension if the new post is in a pensionable establishment in terms of Rule 26(2) of the CCS(Pension) Rules, 1972. They will thus continue to be covered under the CCS(Pension) Rules, 1972 even if they join the new post after 1.1.2004.
(Department of Pension & Pensioners Welfare’s O.M.No.28/30/2004-P&PW(B) dated 26.07.2005)
2.8 New Pension Scheme
In case of `Technical Resignation’ of to their Personal Retirement Account (PRA) Pension System (NPS), the balance standing along-with their PRAN will be carried forward to the new office.
2.9 Transfer of Service Book from parent Department to present Department.
As per SR – 198, the Service Book is to be maintained for a Government servant from the date of his/her first appointment to Government service and it must be kept in the custody of the Head of Office in which he is serving and transferred with him from office to office.
2.10 Need for Medical examination.
In cases where a person has already been examined by a Medical Board in respect of his previous appointment and if standard of medical examination prescribed for the new post is the same, then he need not be required to undergo a fresh examination
No.11/2/2016-JCA
Government of India
Ministry of Personnel, Public Grievances and pensions
Department of Personnel & Training
JCA Section
*******
North Block, New Delhi
Dated the 16th August, 2016
OFFICE MEMORANDUM
Subject: Setting up of Anomaly Committee to settle the Anomalies arising out of the implementation of the Seventh Pay Commission’s recommendations.
The undersigned is directed to say that it has been decided that Anomaly Committees should be set up, consisting of representatives of the Officials Side and the Staff Side to settle the anomalies arising out of the implementation of the 7th Pay Commission’s recommendations, subject to the following conditions, namely:
(1) Definition of Anomaly
Anomaly will include the following cases:
(a) where the Official Side and the Staff Side are of the opinion that any recommendation is in contravention of the principle or the policy enunciated by the Seventh Central Pay Commission itself without the Commission assigning any reason; and
(b) where the maximum of the Level in the Pay Matrix corresponding to the applicable Grade Pay in the Pay Band under the pre-revised structure, as notified vide CCS (RP) Rules 2016, is less than the amount an employee is entitled to be fixed at, as per the formula for fixation of pay contained in the said Rules”.
(2) Composition:
There will be two levels of Anomaly Committees, National and Departmental, consisting of representatives of the Official Side and the Staff Side of the National Council and the Departmental Council
(3) The Departmental Anomaly Committee may be chaired by the Additional Secretary (Admn.) or the Joint Secretary (Admn.), if there is no post of Additional Secretary (Admn.). Financial Adviser of the Ministry / Department shall be one of the Member of the Departmental Anomaly Committee.
(4) The National Anomaly Committee will deal with anomalies common to two or more Departments and in respect of common categories of employees.The Departmental Anomaly Committee will deal with anomalies pertaining exclusively to the Department concerned and having no repercussions on the employees of another Ministry / Department in the opinion of the Financial Adviser.
(5) The Anomaly Committee shall receive anomalies through Secretary, Staff Side of respective Council upto six months from the date of its constitution and it will finally dispose of all the anomalies within a period of one year from the date of its constitution. Any recommendations of the Anomaly Committee to resolve the anomaly shall be subject to the approval of the Government.
(6) Cases where there is a dispute about the definition of “anomaly” and those where there is a disagreement between the Staff Side and the Official Side on the anomaly will be referred to and “Arbitrator” to be appointed out of a panel of names proposed by the two sides. However, this arbitration will not be a part of the JCM Scheme.
(7) The Arbitrator so appointed shall consider the disputed cases arising in the Anomaly Committees at the National as well as Department level.
(8) Orders regarding appointment of the Arbitrator and constitution of Anomaly Committee at National Level will be issued separately.
All Ministries / Departments are accordingly requested to take urgent action to set up the Anomaly Committees for settlement of anomalies arising out of implementation of the 7th Pay Commission’s recommendations, as stipulated above.
Implementation of Govt’s Decision on the Recommendation of the 7th CPC Revision of provisions regulating pension/gratuity/commutation of pension/family pension/disability pension/ex-gratia lump-sum compensation, etc in respect of civilians/Defence Civilians of Ministry of Defence and their families
Registered/AD
Important Circular No.C-154 No.GI/C/0199/VOL-I/Tech 0/0 The Pr. C.D.A. (P) Allahabad- 211014
Date 12th August, 2016
Subject: – Implementation of Govt. decision on the recommendations of Seventh Central Pay Commission — Revision of provisions regulating pension/gratuity/commutation of pension/family pension/disability pension/ex-gratia lump-sum compensation, etc in respect of civilians/Defence Civilians of Ministry of Defence and their families.
Reference: – GOI, Min of P, PG & Pensions, Deptt. of P&PW OM No.38/37/2016-P&PW (A)(i) dated, the 4th August, 2016.
The Govt. of India, Ministry of Personnel, Public Grievances & Pensions, Deptt. of Pension & Pensioners’ Welfare in their O.M. No 38/37/2016-P&PW (A) (i) dated, the 4th August, 2016 have issued orders for implementing Govt’s decision on the recommendations of Seventh CPC revising provisions of pension/commutation of pension with effect from 1-1-2016 (copy enclosed). With a view to implement the Govt. decision, the following procedural changes are made in regard to submission of fresh pension/family pension and commutation of pension claims.
2.1 Consequent on application of the C.C.S.(RP) Rules, 2016 and Deptt. of P&PW OM dated 4th August, 2016 referred to above, it has been decided that all pension claims shall be submitted to this office in the revised LPC Cum Data Sheets enclosed as Appendix-E’ and ‘F’ to this circular.
2.2 Pension claims in r/o individuals who have drawn pay and allowances in the revised scale of pay will be floated by the Head of Office in the revised LPC Cum Data Sheet as per Appendix-E’. Another Data Sheet (Rev) has been designed as Appendix ‘F’ for proposing amendments/revision of pensionary awards (for issue of corrigendum PPO) notified in the original PPO based on LPC Cum Data Sheet (Appendix-E’) as stated above.
3. The new designed Data-sheets, viz, Appendix `E’ & ‘F’, will be given effect for implementation as soon as Pay under Seventh CPC is fixed and H.O.O. is in a position to initiate the pension cases on the revised formats. However, no case on the old Data-sheets will be accepted after 30-09-2016. It may please be noted that this is an essential requirement for expeditious notification of Pension/Revision of pension.
4. In this connection, sets of each data sheet alongwith instructions are forwarded herewith for transmission of the same to the lower formation/Unit/HOO under your control. The unit/formation declared as H.O.O. may be instructed to use the data sheets alongwith supporting documents as per the revised procedure. Additional copies of data sheets and instruction, if required, may please be prepared/printed at your end for circulation. A copy of the instruction issued by you to your unit/formation/HOO may please be endorsed to this office.
5. These orders do not apply to those cases (retired after 1.1.16 but got pensions as per 6th CPC) where the pension at the old rates has already been finalized. For revision of Pension of such cases, a separate circular will be issued. Separate proforma for preparation of Data-Sheets in such cases, as provided in the circular, would be used.
The receiot of this communication may please be acknowledged.
(The copy of this circular is available on the website of this office www.pcdapension.nic.in)
7th CPC PCDA Allahabad Circular – Revision of Pension of Pre-2016 Pensioners/Family Pensioners
Implementation of Govt’s Decisions on the recommendations of the 7th CPC Revision of pension of Pre-2016 Pensioners/Family Pensioners
Registered/AD
Important circular No.C-153
No.GI/C/0199/VOL-I/Tech
O/O The Pr. C.D.A.(P)
Allahabad.
Date 12 August, 2016
Subject: Implementation of Govt’s decisions on the recommendations of the Seventh Central Pay Commission – Revision of Pension of Pre-2016 Pensioners/Family Pensioners etc.
A copy of GOL, Ministry of P,PG and Pensions, Deptt. of P&PW OM No.38/37/2016-P&PW (A) (ii) dated 4th August, 2016 is enclosed for immediate implementation of Govt’s decision on recommendations of the Seventh Central Pay Commission relating to revision of Pension of Pre-1-1-2016 Pensioners/Family Pensioners w.e.f. 1-1-2016.
2. The following further instructions are issued for smooth implementation of the ibid Govt. OM on the subject:-
APPLICABILITY
3.1 Para-2 of the enclosed Govt. OM provides the extent of its applicability. Present orders are applicable to the Pensioners/family pensioners in whose respect pension payment order (PPO) have been issued by CDA (Pensions)/Chief CDA (Pensions)/Pr.CDA (Pensions) from time to time in respect of Defence Civilians/Civilians under Ministry of Defence (MoD).
3.2 As stated in Para 2.2 of the enclosed OM, nothing contained in the enclosed OM applies to Commissioned Officers and Personnel Below Officer Rank (PBOR) of Armed forces. Separate orders will be issued for them by Ministry of Defence.
REVISION OF PENSION
4.1 For existing pensioners, who have retired before 01.01.2016, the revised pension/Family pension with effect from 01.01.2016 shall be determined by multiplying the pension/family pension, as had been fixed at the time of implementation of 6th Central Pay Commission (CPC) recommendations, by a factor of 2.57. The amount of revised pension/family pension so arrived at shall be rounded off to next higher rupee.
4.2 For calculation of revised pension, the existing pension/family pension will be the basic pension/family pension only without the element of additional pension available to the old pensioners/family pensioners of the age of 80 years and above. The additional pensions/Family pension payable to old pensioners/family pensioners will be worked out in accordance with para 4.5 of the OM.
4.3 Since the consolidated pension will be inclusive of commuted portion of pension, if any, the commuted portion will be deducted from the said amount while making monthly disbursements.
4.4 MINIMUM/MAXIMUM PENSION/FAMILY PENSION : The minimum pension w.e.f 01.01.2016 will be Rs.9000/- Per month (excluding the element of additional pension to old pensioners). The upper ceiling on pension/family pension will be 50% and 30% respectively of the highest pay in the Government (The highest pay in the Government is Rs.2,50,000 w.e.f. 01.01.2016).
4.5 ADDITIONAL PENSION : the quantum of pension/family pension available to the old pensioners/family pensioners shall continue to be as follows:-
Age of Pensioner/Family Pensioner
Addition quantum of Pension
From 80 Years to less than 85 Years
20% of revised basic pension/family pension
From 85 Years to less than 90 Years
30% of revised basic pension/family pension
From 90 Years to less than 95 Years
40% of revised basic pension/family pension
From 95 Years to less than 100 years
50% of revised basic pension/family pension
100 Years or more
100% of revised basic pension/family pension
the amount of additional pension will be shown distinctly in the pension payment order. For example, in cases where a pensioner is more than 80 years of age and his/her revised pension in terms Para 4.1 above is Rs.10,000 pm, the pension will be shown as (i) Basic Pension = Rs.10,000 and (ii) Additional Pension = Rs.2,000 pm. The pension on his/her attaining the age of 85 years will be shown as (i) Basic Pension = 10,000 adn (ii) additional Pension = Rs.3000 pm. Dearness Relief will be admissible on additional pension available to the old pensioners also.
4.6 In cases, where the Govt. Servants have drawn one time lump-sum terminal benefits equal to 100% of their pensions and have become entitled to the restoration of one third commuted portion of pension, their cases will not be covered by these orders. Orders for regulating pension of such pensioners will be issued separately.
4.7 The revised pension/family pension arrived at as per paragraph 4.1 includes dearness relief sanctioned from 1.1.2016
5. Where the revised pension/family pension in terms of paragraph 4.1 above works out to an amount less than Rs.9000/-, the same shall be stepped up to Rs.9000/-. This will be regarded as pension/family pension w.e.f. 01.01.16.
6. PENSIONER EMPLOYED/RE-EMPLOYED: The existing instructions regarding regulation of dearness relief to employed/re-employed pensioners/family pensioners, as contained in Department of Pension & Pensioners Welfare O.M.No.45/73/97-P&PW (G) dated 02.07.1999, as amended from time to time, shall continue to apply.
7. CONSTANT ATTENDANT ALLOWANCE: The matter regarding CAA admissible to existing pensioners shall be examined by the Committee constituted by the Gol. For this purpose, till a final decision is taken based on the recommendation of the Committee, constant Attendant Allowance shall be paid at the existing rates.
8. DEARNESS RELIEF: The Pension/family pension as worked out in accordance with provision of Para 4.1 above shall be treated as ‘Basic Pension’ with effect from 01.01.2016. The revised pension/family pension includes dearness relief sanctioned from 1.1.2016 and shall qualify for grant of Dearness Relief sanctioned there after.
9. ARREARS OF PENSION: The arrears of pension/Family pension, as a result of consolidation of pension, will be worked out by PDAs and will be paid to pensioner or credited to their accounts by 31st August 2016 positively.
10. If any overpayment is in the process of recovery, the amount still due for recovery should be adjusted in lump – sum against the arrears payable.
11. PROCEDURE: The Govt. has authorised the Pension Disbursing Authorities including Public Sector Banks to pay the consolidated pension/Family Pension without further aughorization from this office at the revised rates in terms of Para 4.1 and 5 above. Wherever the age of Pensioner/Family Pensioner is available in the PPO, the additional pension/family pension in terms of Para 4.5 above may also be paid by the PDAs without any further authorization from this office. The following points may specially be kept in view while authorizing disbursement under the captioned order:
(a) A Suitable entry regarding the revised pension shall be recorded by the pension Disbursing Authorities on face of Pension Payment Orders.
(b) a suitable entry regarding revised consolidated pension/Family Pension w.e.f 1-1-2016 should also be recorded in the check register/payment Register/Pension Payment scroll.
(c) In every case, where revision is done by PDA’s, intimation to this office in the form given as Annexure-I to this circular will be prepared in triplicate. Two copies thereof will be sent to this office in covers bearing the following address in convenient batch(s):-
SAO, O/IC Audit Section, O/o the Pr.C.D.A. (P), Allahabad – 211 014.
A consolidated soft copy of all such payment in CSV format may be sent in a CD to this office and also be mailed to us in the format attached in Annexure-II on the [email protected] specially created for the purpose.
(d) All cases where such revision is carried out will Change entitlements and other data which must be reflected as such in the Pension Payment Account in a separate schedule/scroll.
12. In cases where the PDAs are in doubt about the entitlement on revision in individual cases or in regulation of minimum pension/revised pension for pensioners in receipt of more than one pension, the cases with full details of pensioner and PPO NO. may be referred to Audit Section of this office for advice and further action on the same address mentioned in para 11(c) or a mail may be sent on the email address given in para 11 (C).
(The copy of this circular is available on the website of this office www.pcdapension.nic.in)
Send the anomalies arising out of the implementation of the 7th CPC notification
NJCA
National Joint Council of Action
No.NJC/2016/7th CPC
August 12, 2016
To
All Constitutents of NJCA
Dear Comrades,
We have been receiving communication from various organizations as also from individual employees after the promulgation of the notification by the Government on 7th CPC recommendations. Most of these communications had been to express the anxiety and in some cases anger too over the delay in setting up the high level committee, assured by the Group of Minister to review the minimum wage and multiplication factor.
We have been pursuing the said issue on a day to day basis and we are fully appreciative of the apprehensions expressed in many of these letters. Since the decision making in the Government is a long procrastinated matter involving various levels and departments, such delays are not uncommon. But we have been informed as to why the assurances held out have not been translated into action.
We have also noted that in the absence of the JCM functioning especially at the Departmental levels of various Ministries, the department specific anomalies and demands are not being subjected to any meaningful negotiations with the respective organizations. We have addressed the Cabinet Secretary to hold a special discussion with us on this subject immediately. Copy of our letter is enclosed.
On 12th August, 2016, we have met the Secretary Pensions to convey our strong resentment over the decision to allow the Option No. 1 given to the pensioners to be implemented subject to feasibility. We have reiterated that while we are open to discussion as to the methodology of verification of the claims of individual petitions in respect of Option No.1, we would not be able to countenance of the non-implementation of the recommendation of the 7th CPC on the flimsy ground of non-availability of records.
The available NJCA members met today at Delhi to review the situation in the background of the feeling conveyed to us through letters from various organizations. We have after taking note of the anxiety expressed and the ongoing discussions with various authorities over the setting up of the high level committee to wait up to the end of this month before we embark upon any action for the setting upon of the said high level committee. The employees may be apprised of this decision through the requisite campaign programme.
in the meantime, we must endeavor to support the one day strike action slated for 2nd September, 2016 for which the call has been given by the Central Trade Unions (including independent Federations) to the hest of the ability of the respective organizations as the objective of the strike is the betterment of the working people in our country.
7th CPC Anomalies
All the Constituents Organizations are requested to forward the various anomalies arising out of the implementation of the 7th CPC notification / CCS (RP) Rules 2016 to the Staff Side office with brief / illustration etc. within in 15 days from today so as to enable us to study and forward the same to the Anomaly committeefor settlement.
NJCA disappointed for delay in setting up 7th Pay Commission High Level committee
Secretary, National Council (Staff Side) JCM writes to Finance Minister regarding setting up of a High Level Committee to review the minimum wage Multiplication Factor
National Council (Staff Side)
Joint Consulative Machinery
for Central Government Employees
Shiva Gopal Mishra
Secretary
No.NC-JCM-2016/7th CPC
August 12, 2016
Shri Arun Jaitley, Hon’ble Finance Minister
Govt. of India,
North Block,
New Delhi
Sub: Setting up of a high level committee to review the Minimum Wage Multiplication Factor.
Ref: Our letter of even No. dated 26.7.2016.
Dear Sir,
We solicit your kind reference to the discussion, the representatives of NJCAhad with you in the presence of the Honourable Home Minister, Shri Rajnath Singh and the Railway Minister, Shri Suresh Prabhu and the MOS (R) Shri Manoj Sinha on 30th June, 2016.
We were expecting a quick action on the part of the Government to operationalise the assurance of setting up a high level Committee to go into the Minimum wage, Multiplication factor etc. However, we are disappointed that even after a lapse of more than a month no order has been issued by the Government in this regard. The employees, as you are aware, were angry over the arbitrary determination of the minimum wage by the 7th CPC by mutilating the Dr. Aykhroyd formula and also the propornate multiplication factor.
We, therefore, appeal to you that the concerned authorities may be asked to expedite the issuance of orders setting up the committee and finalization of the Report within the available time of remaining three months.
JCM functioning and compassionate appointments – NCJCM Secretary writes to Cabinet Secretary
National Council (Staff Side)
Joint Consulative Machinery
for Central Government Employees
Shiva Gopal Mishra
Secretary
No.NC-JCM-2016/C.S. (PM)
August 12, 2016
The Cabinet Secretary,
Govt. of India and Chairman,
National Council JCM Cabinet Secretariat,
Rastrapati Bhawan,
New Delhi,
Dear Sir,
We recall the discussions we had with you on 7th June 2016 when inter-alia we brought to your kind notice ever the growing discontent of the employees on the following two issues which were the subject matter of discussions on very many occasions
1. JCM functioning – Non convening of meetings at the Departmental levels, consequent non availability of a forum for discussion and negotiations for Unions / Federations
The functioning of the JCM especially at the Departmental level was virtually halted, when the Government promulgated a new set of recognition rules in 1993 to cover the non-industrial employee’s i. e. for employees in the Department other than Railways and Defence. It took nearly a decade and half to operationalize the new recognition rules and during the same period the functioning of JCM was virtually stopped at the departmental levels. This’ in-turn resulted in non-discussion and non-settlement of various Departmental specific demands and issues, emanated from the flawed recommendation of 5th and 6th CPC. Now that the 7th CPC recommendations would be taken up for implementation, the need for a forum to discuss these issues, especially Departments specific matters need not be emphasized.
Compassionate Appointments
The untenable restriction imposed by the government i. e. 5 percent of the vacancies for Compassionate Appointments in Departments other than Railways has created innumerable difficulties and arbitrary discrimination. The very fact that the said government orders have no sway to half of the civilian employees makes the orders discriminatory and bereft of any merit. The specious plea of the Government that the said orders were issued on account of a directive from the Supreme Court was later found to be fallacious. On various occasions, the Staff Side was assured of a review of the scheme. The scheme requires simplification and has to be made non-discriminatory too.
We want the above two issues to be discussed at your level and reach a settlement. We shall be grateftll if you will afford us an opportunity to have such a discussion on a date convenient to you. We shall also be thankful if you can indicate the date of the meeting atleast 15 days in advance.
