Casual labourers with temporary status — clarification regarding contribution of GPF and Pension under the Old Pension Scheme
DOPT ORDER 2016
No 49014/2/2014 – Estt(C)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
North Block, New Delhi,
Dated the 28thJuly, 2016
OFFICE MEMORANDUM
Subject: Casual labourers with temporary status — clarification regarding contribution of GPF and Pension under the Old Pension Scheme.
The undersigned is directed to refer to this Department’s OM of even number dated 26thFebruary, 2016 on the above subject and to say that some references have been received in this Department from various Ministries/Departments seeking a clarification with regard to the Para 7 of the referred OM.
2. The OM was issued in consultation with Department of Expenditure and the Department of Pension and PW. It was clarified vide that OM that this Department’s 0.M dated 26thApril, 2004 had been quashed in a series of Orders/Judgements. The OM dated 26thFebruary, 2016 restores the provisions of the Scheme as it existed prior to the OM dated 26thApril, 2004. The benefit of GPF and Old Pension Scheme is applicable to all those casual labourers who are covered under the Scheme of the 10thSeptember, 1993 even if they have been regularized on or after 01/01/2004.
3. As the benefit of Old Pension Scheme and GPF is admissible only to those Casual workers who are covered under the Scheme of 1993, all Ministries/ Department may strictly ensure that it does not lead to demand by regularly recruited fresh employees appointed on or after 1.1.2004for similar benefit in place of NPS.
4. This issues with the concurrence of Department of Expenditure vide their I.D.No.1(15)/E-V/2015 dated 27.07.2016
DEPARTMENT OF PERSONNEL & TRAINING
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSIONS
NORTH BLOCK NEW DELHI-110001
D.O.No.14021/1/2016-AIS.II
To
The Chief Secretaries of all State Governments.
Dear Sir,
As you are aware, the Central Government has accepted the recommendations of the Seventh Central Pay Commission. The Notification dated 25.7.2016 has since been issued by the Department of Expenditure, Ministry of Finance a copy of which is enclosed.
2. You are requested to furnish the comments of the State Government on the proposed recommendations immediately and positively by 3rd August, 2016 through Fax. If no reply is received by this time, it would be presumed that the State Government concurs with the said proposals relating to the revision of pay scales of AIS Officers.
Payment of Salary to Central Government Employees on 28th July, 2016 instead of 29th July 2016 due to bank strike called by UFBU
MOST IMMEDIATE
BY FAX/EMAIL
S-11012/2/3(17)/RBI/2015/RBD/1144-1227
Government of India
Department of Expenditure
Controller General of Accounts
Lok Nayak Bhawan, Khan Market,
New Delhi – 110511, Telefax : 011- 24649365
Email : [email protected]
***
Dated : 26.07.2016
OFFICE MEMORANDUM
Subject : Payment of Salary to Central Government Employees on 28th July, 2016 instead of 29th July 2016 due to bank strike called by UFBU.
It has come to notice of this office that United Forum of Bank Unions (UFBU) has called for a nation wide bank strike on 29,07,2016. This day being the last working day of the month for payment of salary ti all central government employees, it has been decided that Salary for the month of July 2016, be paid to the Central Government employees on 28.07.2016
All Ministries/Departments are requested to payment of salary to their employees on. 28th July 2016.
NCJCM Secretary writes to Home Minister for early redressal of Minimum pay and Fitment factor issues
National Council (Staff Side)
Shiva Gopal Mishra
Secretary
No.NC/JCM/7th CPC/2016
Dated: 26th July 2016
Shri Rajnath Singh,
Hon’ble Minister for Home Affairs,
(Government of India)
North Block,
Central Secretariat,
New Delhi-110 001
Respected Sir,
We solicit your kind attention towards the discussion we had with your goodself on 30.06.2016, wherein Hon’ble Finance Minister, Shri Arun Jaitley, Hon’ble Minister for Railways, Shri Suresh Prabhakar Prabhu, and Hon’ble Minister of State for Railways, Shri Manoj Sinha, were also present.
In the background of issuance of the Notification by the Government of India today (26.07.2016) to give effect to the recommendations of the 7th CPC as per 29th June, 2016 Cabinet decision, we request you to expedite action for setting up the proposed “High Level Committee” to review Minimum Wage and Fitment Multiplication Factor as was promised in the 30th June, 2016 meeting, which paved way for deferment of “Indefinite strike” which was commenced to be held from 11th July 2016.
We shall be grateful, if necessary orders are issued for setting up the said committee without further delay.
The Government of India has issued the Resolution dated 10th June, 2016 amending the original Resolution dated 3rd March 1987 relating to constitution of the Public Enterprises Selection Board (PESB). The amendments made inter-alia includes the following:
“Candidates from State Public Sector Enterprises and Private Sector subject to fulfilling the eligibility criteria will also be considered as non-internal candidates along with the candidates of other Public Sector Enterprises for a period of five years from the date of this Resolution.”
Further, the guidelines issued earlier provide inter-alia that the Ministry/Department concerned shall finalize/modify the job description/qualifications/eligibility conditions and communicate the same to the PESB, three months in advance of the stipulated period of one year. In the event of such a job description/qualifications/eligibility conditions not being received by the stipulated time, the PESB shall finalize the same, on the basis of existing description so that the schedule for advertising vacancies is adhered to strictly.
This was stated by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in a written reply to a question by Shri Mohite Patil Vijaysinh Shankarrao, Dr. Heena Vijaykumar Gavit, Shri Dhananjay Mahadik, Shri Rajeev Satav and Smt. Supriya Sule in the Lok Sabha today.
Confederation of Central Government Employees will go on one-day strike on 2nd September 2016
CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS
Ref: CONF/SECTT/2016
Dated – 26.07.2016
IMPORTANT CIRCULAR
To
1) All National Secretariat Members (CHQ Office bearers)
2) General Secretaries of all state C-O-Cs
3) Chief Executives of all affiliated organisations
4) All Women sub-committee members
NATIONAL SECRETARIAT DECISIONS
The National Secretariat of the Confederation of Central Govt. Employees & Workers, met on 24.07.2016 at New Delhi under the presidentship of Com. K. K. N. Kutty, National President. The following important decisions are taken.
(1). 2ND SEPTEMBER 2016 – ALL INDIA GENERAL STRIKE:
The Joint platform of Central Trade Unions (CTUs) of the Country along with Independent National Federations of employees of different industries and services including Confederation of Central Govt. Employees and Workers, have decided to organize All India General Strike on 2nd September 2016, against the anti-people, anti-workers policies and authoritarian attitude of the NDA Government. Intensive campaign and preparation to make the general strike a resounding historical success is going on in full swing throughout the country. The attitude of the NDA Government is profoundly negative and hugely challenging to the working class including Central Govt. employees. The issues in the Charter of demands submitted by the Trade Unions to the Govt. relate to basic interest of the country’s economy and also issues concerning the livelihood of the working people of both organized and unorganized sectors.
Govt. has not taken any meaningful step to curb price rise of essential commodities and to generate employment except making tall baseless claims. Govt. is mysteriously silent on the question of retrieving the black money stashed abroad and recovering lakhs of crores of rupees of bad debts of public sector banks. Whole range of social security measures are under severe attacks including the pension of post – 2004 entrants in Central Govt. Services. Govt. has launched atrocious attack of drastic cut in interest on small savings deposits. Totally ignoring the united opposition of the working class, the Govt. has been moving fast to demolish existing labour laws thereby empowering the employers with unfettered rights to “hire and fire” and stripping the workers and trade union of all their rights and protection provided in laws. Alongwith the peasantry and agri- labourers are also under severe attack. Attack on public sector has been pushed to unprecedented height with Govt. announcing mega strategic sale and also allowing unlimited FDI in strategic sectors like Railways, Defence and financial Sector as complimentary to the move of privatization and Public Private partnership etc. The anti-worker and authoritarian attitude of the Government is also nakedely reflected in their refusal to implement the consensus recommendations of 43rd, 44th and 45th Indian Labour Conference for formulations of minimum wages, equal wage and benefits of regular workers to the Contract workers.
The neo-liberal economic policies pursued by the Govt. has landed the entire national economy in distress and decline affecting the working people the most.
Central Govt. Employees worst affected:
The policy offensives of the Govt. like downsizing, outsourcing, contractorisation, corporatization and privatization has affected the Central Govt. departments and employees in a worst manner. Ban on creation of new posts and non-filling up of about six lakhs vacant posts had increased the work load of the existing employees and adversely affected the efficiency of the services. The New Pension Scheme (NPS) implemented with affect from 01.01.2004, is nothing but a “No Pension Scheme”, as it is fully dependent on the vagaries of share market forces. The Govt. is not ready to grant civil servant status to Gramin Dak Sevaks and to regularize the services of causal, contingent and contract workers. The 5% ceiling on compassionate appointment is not yet removed. The bonus ceiling enhancement from Rs.3500/- to Rs. 7000/- is not made applicable to Central Govt. Employees. Govt. is not ready to modify the 7th CPC recommendations, which is worst ever made by any pay commissions. The assurance given to the staff side regarding enhancement minimum pay and fitment formula is yet to be implemented. All other retrograde recommendations like reduction in the percentage of HRA, abolition of 52 allowances etc. are yet to be modified. Overall the attitude of the Modi Govt. is totally negative towards the Central Govt. employees and pensioners.
The National Secretariat is of the firm opinion that unless the policy of the Govt. is changed, more attacks are likely to come on the Central Govt. employees and working class. To change the policy the united struggle of entire working class is required. It is in this background the Confederation of Central Govt. employees and workers has decided to join the General Strike along with other sections of the working class of our country.
The Confederation National Secretariat calls upon the entirety of Central Govt. employees to make intensive campaign and preparation for making the 2nd September 2016 strike a grand success. Along with the 12 Point charter of demands of the working class, the Confederation has decided to submit the demands pertaining to the Central Govt. employees also as Part-B of the Charter of demands to the Govt. The Chater of demands (Part A and B) is furnished below:
2016 September 2nd General Strike 12 Point Charter of Demands of Joint Platform of Central Trade Unions submitted to government:
PART – A
1. Urgent measures for containing price rise through universalization of public distribution system and banning speculative trade in commodity market.
2. Containing unemployment through concrete measures for employment generation.
3. Strict enforcement of all basic labour laws without any exception or exemption and stringent punitive measures for violation of labour laws.
4. Universal social security cover for all workers.
5. Minimum wage of not less than 18000/- per month with provisions of indexation (for unskilled worker).
6. Assured enhanced pension not less than 3000 p.m for the entire working population (including unorganized sector workers).
7. Stoppage of disinvestment in Central/state public sector undertakings.
8. Stoppage of contractorisation in permanent/perennial work and payment of same wage and benefits for contract workers as that of regular workers for the same and similar work.
9. Removal of all ceilings on payment and eligibility of bonus, provident fund and increase in quantum of gratuity.
10.Compulsory registration of trade unions within a period of 45 days from the date of submitting application and immediate ratification of ILO conventions C-87 and C-98.
11.No FDI in Railways, Defence and other strategic sectors.
12.No unilateral amendment to labour laws.
PART – B
Demand of the Central Govt. Employees
1. Avoid delay in implementing the assurances given by Group of Ministers to NJCA on 30th June 2016, especially increase in minimum pay a fitment formula. Implement the assurance in a time bound manner.
2. Settle issues raised by the NJCA, regarding modifications of the 7th CPC recommendations, submitted to Cabinet Secretary on 10th December 2015.
3. Scrap PFRDA Act and New Pension System (NPS) and grant Pension/Family Pension to all Central Government employees under CCS (Pension) Rules 1972.
4. No privatization, outsourcing, contractorisation of Government functions.
5. (i) Treat Gramin Dak Sevaks as Civil Servants and extend all benefits on pay, pension and allownaces of departmental employees.
(ii) Regularise casual, contract, contingent and daily rated workers and grant equal pay and other benefits.
6. Fill up all vacant posts by special recruitment. Lift ban on creation of new posts.
7. Remove ceiling on compassionate appointments.
8. Extend benefit of Bonus Act amendment 2015 on enhancement of payment ceiling to the Adhoc bonus/PLB of Central Govt. employees with effect from the financial years 2014-15. Ensure payment of revised bonus before Pooja holidays.
9. Revive JCM functioning at all levels.
All affiliated organisations and C-O-Cs are requested to plan phased campaign programme during the month of August 2016 by conducting squad work, general body meetings, conventions, and printing and circulating notices, pamphlets and posters. Each affiliated organization should issue their own separate circulars and instructions to all their units endorsing the decision of the Confederation National Secretariat.
Serve Strike Notice on 12.08.2016
Strike notice should be served to all Departmental heads by the affiliated organisations on 12th August 2016. On that day demonstrations should be conducted in front of all offices and copy of the strike notice may be served to all lower authorities also. Confederation CHQ will also serve strike notice to Cabinet Secretary on 12th August 2016.
Campaign Programme
National Secretariat decided to organize campaign programme of National Secretariat members during August 2016 as follows:
CAMPAIGN PROGRAMME OF NATIONAL SECRETARIAT MEMBERS
Sl.
Place
Date
Name of National Secretariat members
1.
Trivandrum
28.08.2016
M. Krishnan, M. S. Raja
2.
Bangalore
23.08.2016
M. Krishnan, K. P. Rajagopal
3.
Chennai
25.08.2016
M. Krishnan, Nageshwar Rao, T. Narasimhan, Durai Pandian
4.
Hyderabad
23.08.2016
K. V. Jayaraj, T. Satyanarayana, Sommaiah N. Mani Achary.
5.
Ahmedabad
11.08.2016
Giriraj Singh. T. Satyanaryana, Venkatesh Subramanian
6.
Bhopal
11.08.2016
R. N. Parashar, T. K. R. Pillai, Yashvant Purohit
7.
Mumbai
11.08.2016
K. K. N. Kutty, R. P. Singh, M. S. Raja, Ashok B. Salunkhe
8.
Bhubaneshwar
22.08.2016
Vrigu Bhattacharjee, Giriraj Singh
9.
Ranchi
22.08.2016
Pijush Roy, R. N. Parashar
10.
Kolkata
23.08.2016
R. N. Parashar, Pijush Roy, Rupak Sarkar
11.
Guwahati
26.08.2016
Pijush Roy, Rupak Sarkar
12.
Agartala
11.08.2016
Pijush Roy, R. Seethalakshmi
13.
Patna
29.08.2016
Vrigu Bhattacharjee, Giriraj Singh
14.
Chandigarh
22.08.2016
K. K. N. Kutty, R. Seethalakshmi
15.
Ambala
26.08.2016
M. S. Raja, Giriraj Singh
16.
Jaipur
23.08.2016
K. K. N. Kuty, P. Suresh
17.
Dehradun
22.08.2016
Arup Chatterjee, R. N. Parashar
18.
Raipur
29.08.2016
R. N. Parashar, P. Suresh
19.
Delhi
K. K. N. Kutty, Vrigu Bhattacharjee, Giriraj Singh, R. N. Parashar, Ashok Kanojia
20.
Nagpur
07.08.2016
M. Krishnan, Nilesh D. Nazare
21
Lucknow
R. N. Parashar, K. K. N. Kutty
22
Shimla
R. N. Parashar, M. S. Raja
(2). (a) REVIEW OF THE DEFERRED INDEFINITE STRIKE FROM JULY 11TH 2016
The National Secretariat conducted a detailed review of the July 11th deferred indefinite strike and took the following decisions:
1. In order to ensure that the assurances given by the Group of Ministers to the NJCA leaders especially regarding enhancement of minimum wage and fitment formula, the unity of the NJCA should be kept intact.
2. If the Govt. adopt delaying tactics in appointment of High level committee, then agitational programmes should be announced by NJCA to compel the Govt. to honour the commitment within the time frame. In any case, the National Conference of Confederation shall announce the agitational programmes either jointly with NJCA or independently by Confederation if the Govt. fails to expedite action to honour the commitment.
3. If the Govt. is not ready to honour the commitment within the time frame, Confederation shall go on strike, either jointly under the banner of NJCA or independently.
(b) GOVT. ISSUED NOTIFICATION AND REVISED PAY RULES ON 7TH CPC RECOMMENDATIONS
On 25.07.2016, the Govt has issued notification for implementation of 7th CPC recommendations, as approved by the Union Cabinet on 29th June 2016. Revised Pay Rules are also notified. NJCA has decided to write to the Home Minister and Finance Minister to expedite action for constitution of High Level Committee, as assured by Group of Ministers.
(3). 25TH NATIONAL CONFERENCE OF CONFEDERATION – CHENNAI – 16, 17, 18 AUGUST 2016
The National Secretariat reviewed the preparations for the 25th National Conference to be held at Chennai from 16th to 18th August 2016. The inaugural session will be held on 16.08.2016 at 10 AM. Com. A. K. Padmanabhan, National President, CITU will inaugurate. Com. Shiv Gopal Misra, General Secretary, AIRF & Convenor NJCA, Dr. N. Raghavaiah, General Secretary, NFIR & Chairman, NJCA, Com. C. Sreekumar, Secretary General, AIDEF and member NJCA, Com. A. Sreekumar, General Secretary, All India State Govt. Employees Federation, Com. P. Abhumanyu, General Secretary, BSNLEU, Com. S. Mohan, Secretary General, Confederation of Central Govt. Gazetted officers organisations, Com. K. Ragahavendran, Deputy Secretary General, NCCPA etc. will address the inaugural session. All India Women’s Convention will be held on 17th August at 10:00 AM. Dr. Vasanthi Devi, former Vice Chancellor, Manonmaniam Sundaranar University Tirunelveli & Former Chairperson Women’s Commission, Tamilnadu will inaugurate the Womens’s conventions. The venue of the Conference is “Dharmaprakash Kalyana Mandapam”, No. 10, Raja Annamalai Road (Opp: to Dashprakash Poonamallee Purasawalkam) Chennai – 600084.
Contact Numbers of Reception Committee:
1. Com. J. Ramamurthy, Chairman C-O-C – 09843370580
2. Com. M. Durain Pandian, General Secretary, C-O-C – 09789833522
3. Com. S. Sundaramurthy, Financial Secretary – 09445955554
4. Com. R. B. Suresh, Accommodation – 09444074470
5. Com. M. S. Vengatesan, Souvenir – 09445955553
6. Com. A. Balasundaram, Souvenir – 09080791266
7. Com. Samraj – 09940061291
8. Com. Kannan, P4 – 08903515285
PLEASE HELP THE RECEIPTION COMMITTEE BY COLLECTING MAXIMUM ADVERTISEMENTS:
As the Diamond Jubilee Year National Conference is being organized in a grand manner by the C-O-C Tamilnadu alongwith the National Women’s Convention and as Chennai is a metropolitian city, the overall expenditure will come to 25 to 30 lakhs. The Receiption Committee is finding it difficult to mobilise the finance for the Conference. It is once again requested to all affiliated organisations and C-OCs to collect maximum advertisements and sent it to the Reception Committee immediately.
Inform the Number of delegates/visitors and Women comrades attending the conference on or before 05.08.2016.
All affiliated organisations and C-O-Cs are requested to intimate the number of delegates/visitors attending the National Conference and also their arrival particulars (travel details) to Reception committee by e-mail or over phone without fail. The information should be given on or before 05.08.2016.
Government for fair deal to employees: Dr Jitendra Singh
The Central Government is in favour of a fair deal to every section of employees and a series of reforms, initiated in the last two years, are also aimed in that direction, Union Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said this here today while speaking to a delegation of Northeast Customs Employees led by the Member of Parliament, Shri George Baker. The delegation sought the intervention of the Minister for redressal of their grievances including the continued engagement of many of them as casual workers.
Shri Baker brought to the notice of Dr Jitendra Singh that even though the delegation mostly comprised Customs employees from North-Eastern States and West Bengal, the matter of fact is that the same grievance is being shared by Customs employees across the country including Vishakhapatnam in Andhra Pradesh, Cochin in Kerala, Vadodara in Gujarat, Chennai in Tamil Nadu, Mumbai in Maharashtra, Hyderabad in Telangana and Bengaluru in Karnataka. He also informed the Minister that the total number of casual employees engaged by the Customs Department stands at around 1919, who have been working on the same emoluments for the last 10 to 20 years.
In a memorandum submitted on behalf of the delegation, Shri Baker appealed for formulating a policy to redeem the plight of these employees in consultation with the Union Ministry of Finance.
Dr Jitendra Singh listened to their grievances and promised to take up their cause with the Union Ministry of Finance and find out what was the view on this issue in the Department of Customs and Central Excise. Dr Jitendra Singh also appreciated Shri Baker for his tireless crusade in support of the neglected and needy sections of society, particularly in the eastern parts of India.
To address the problem of acute shortage of doctors in various sub-cadres of the Central Health Service (CHS), for improved patient care, proper academic activities in the Central Government Medical Colleges and for more effective implementation of national health programmes, the Central Government, vide Notification No. GSR 567(E) dated 31.05.2016, has enhanced the age of superannuation of doctors of Non-Teaching Specialist, Public Health Specialist and General Duty Medical Officer sub-cadres of CHS to 65 years.
As per Screening Test Regulations, 2002 a framework already exists for Indian students who have obtained primary medical qualification from abroad to get registered in India to practice after clearing the Foreign Medical Graduate Exam.
The Minister of State (Health and Family Welfare), Sh Faggan Singh Kulaste stated this in a written reply in the Rajya Sabha here today.
OROP Status as on today – Expedition Process of OROP
On 07.11.2015, Government has issued orders for implementation of One Rank One Pension (OROP). So far, 18,90,635 out of 20,68,292 Ex-servicemen / family pensioners have been paid Rs.3819.33 crores towards OROP arrears / revised pension under OROP Scheme. Instruction have been issued to clear the pending cases.
Financial implication of OROP is estimated at Rs.7,488.70 Crores recurring expenditure per annum at current rates and Rs.10,925.11 Crores towards arrears for the period of 01.07.2014 to 31.12.2015.
Ex-Servicemen Associations, Indian Ex-Servicemen Movement (IESM), Indian Ex-Servicemen League (IESL) etc were consulted before taking decision on OROP.
This information was given by Defence Minister Shri Manohar Parrikar in a written reply to Dr. V Maitreyan in Rajya Sabha today.
