Confederation publishes the outcome of the meeting of National Anomaly Committee and National JCA

Confederation publishes the outcome of the meeting of National Anomaly Committee and National JCA

CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS

1st Floor, North Avenue PO Building, New Delhi – 110 001
Website : www.confederationhq.blogspot.com
e-mail : confederationhq@gmail.com

President
K.K.N.Kutty
09811048303

Secretary General
M.Krishnan
09447068125

No.CONF/2015

Date : 12-06-2015

Dear Comrade,
As indicated in our last circular letter, the final meeting with the 7th CPC was held on 9.6.2015. Earlier on 8th afternoon, the Staff side had met separately to chalk out the course of negotiations. The National JCA also met on the same day. The National Anomaly Committee met on 9th June, 2015 at 3.00 pm under the Chairmanship of Joint Secretary (E) Department of Personnel at Room No. 72 North Block, New Delhi.
We give hereunder a brief synopsis of the discussions at all the meetings.

1. Meeting with 7thCPC
The following Staff Side members were present at the Meeting:

Coms. M. Raghavaiah (Leader Staff Side – NFIR), Shiv Gopal Mishra (Secretary, Staff Side-AIRF), Com. Guman Singh, R.P. Bhatnagar and Com.Sharma (all from NFIR), Com. Rakhal Dasgupta, Com. J.R Bhosale (AIRF) Com. KKN Kutty, M.S. Raja and Com. M. Krishnan (from Confederation and NFPE) Com. Srikumar and Com. R.N. Pathak (from AIDEF) Com. Srinivasan and Com. Surjeet Singh ( From INDWF)

(a) Date of effect: The Chairman has made it clear that the Commission would recommend 1.1.2016 as the date of implementation of their recommendations. The Commission would finalise its report by end of August and would submit the same to the Government thereafter. They would adopt Dr. Aykroyd formula for the computation of the Minimum wage. To the specific query made by the Staff Side, the Commission said that they would factor the probable increase in the rate of retail prices of the commodities and would arrive at the minimum wage as on 1.1.2016. There had been no reply to the loss of wages to the employees due to the erosion of the real value of wages as there was no interim relief or benefit accrued from the merger of DA. These demands, therefore, stand rejected.

(b) Increase in the insurance coverage in cases of death in harness: The Staff Side recalled the assurance held out by the Commission earlier to have the actuarial assessed by an expert agency to accede to the demand of the staff side to increase the subscription and the insurance coverage. The Staff Side was of the opinion that their suggestion to share the subscription in the ratio of 3:7 was reasonable but in the absence of an expert study, the Government might not accept the same. The commission said that they would explore the possibility of such an assessment by the LIC before finalization of the report.

(c) Fitment formula. The Commission might accept the suggestion made by the Staff Side in respect of fitment formula with requisite change in the ratio on the basis of the quantum of minimum wage determined.

(d) Open ended pay scales: The Commission would recommend open ended pay scales as suggested by the Staff Side.

(e) In the matters of rate of increment, quantum of allowances etc, the Commission did not come out clearly of their thinking in the matter.

(f) Parity in pension entitlement of the past and present pensioners. The Commission is yet to make up its mind on the suggestion made by the staff side in the matter. They however said that almost all the Pensioners organizations which met the Commission had pleaded for this and the same is linked with the one rank one pension demand of the Armed forces personnel.
(g) MACP scheme: The difficulties and anomalies pointed out by the Staff Side and various other organizations have been taken note of by the Commission. The Commission assured to evolve a methodology to resolve the problem.

(h) Opposition to the induction of casual/daily rated workers and contractorisation. The Commission said that they were opposed to the unfair practice of exploitation of labour. For jobs which are of perennial and permanent character, regular workers must be recruited, the Commission added and that would obviate the need for outsourcing and contractorisation. Since most of the outsourced jobs do not require any academic qualification, the Commission was of the opinion that the revival of Group D cadre would help to address the issue. However, the Commission stated that if only the staff side sends in a communication in writing, the Commission would be able to make any recommendation in the matter. The Staff Side reiterated that they are totally opposed to outsourcing, induction of casual workers and contractorisation and the same has been made explicit in their memorandum.

(i) Parity in the pay scales between the personnel in the Central Sectt and those in the subordinate establishments.
The Commission stated that they have appreciated the stand taken by the Staff Side in the matter.
The Commission was non committal on other issues raised by the Staff Side members.

2. National Anomaly Committee meeting
The meeting was held at Room No. 72 North Block, under the Chairmanship of J.S(E) Department of Personnel and Training. In the initial remarks, the Staff side raised the following issues.

(a) Though the official side had promised to provide an action taken statement on all issues in the National Council, the same has not been supplied;

(b)No date for the National Council is indicated.

(c) No indication of the steps taken to convene the Departmental Councils. The official side had assured of the convening of the Departmental Council of the Ministry of Finance in the last meeting. However, the staff side has not been apprised of any date so far.

(d) Abnormal delay in replying to the references made to the Ministry of Finance, Department of Personnel from the Railways and other Ministries.

(e) The necessity to increase the ceiling limit of the rebate in Incometax for the allowances given to the Loco Pilots.

(f) Non-adherence to the GOI instructions by the Defence Ministry in certain matters.

The Official side stated that the Action taken Statement was almost ready but for certain comments from Certain departments. The same would be sent to the staff Side and another meeting held to discuss the course of action required on items where no agreement could be reached. The JS (per) stated that some of the references received from the Railways had been sent back to them for clarification before a final decision is taken. Regarding increase in the rebate ceiling under the Income tax Act, the matter would be referred to the revenue department and requested the staff side to appreciate that the same has to be considered in a wider perspective. Thereafter the agenda items, which had not been discussed even once were taken up.

(ii) Anomaly in the Pay Band and Grade Pay assigned to the Group B Officers of the Audit and Accounts, Incometax, , Central Excise and Customs and Postal Departments. (Agenda Item No. 1 and 8 taken together.) Despite agreeing that there existed an anomaly in the matter, the official side expressed their inability to proceed further in the matter as the Group B Gazetted Officers were beyond the ambit of the JCM scheme. However, they agreed that the Govt. would take up the issue specifically with the 7th CPC. Com.Shiv Gopal Mishra said that the Govt. must consider a JCM set up for the promote officers as their cases are not heard or discussed at any other forum. Com. Kutty said that the items were introduced as early as in 2009 and it was not correct on the part of the official sided to state that the same would be referred to the 7th CPC. Normally the Pay Commission would not entertain to consider the anomalies of the earlier Commissions. However, after some discussions, it was agreed that they would discuss the issue of audit & accounts scale (AAOs) separately after receiving a note from Staff Side and in respect of others, a note will be submitted to the 7thCPC.

(iii) Anomaly in the pay and Grade Pay of Data Processing Assistants Grade A.. The official side did not agree with the contention that the assigning of higher grade pay to certain categories of officers (7450-11500 and Grade Pay4600) was arbitrary. The Government, they added, had acted upon the recommendation of the 6th CPC. They also said that only in those cases where the pre-revised pay scales were in 6500-10500 such up-gradation had been made. In the case of DPA Grade A, they were in the pre revised scale of pay of Rs. 5500-9000.

(iv) Item No.3. Grant of Grade pay of Rs. 4200 to Lab Technicians. The official side said that the orders have been issued in the matter.

(v) Item No.4. Up-gradation of Pay Band and Grade pay of LDCs and UDCs.
The Staff Side made the following points in support of the item:

(a) The Grade pay of Rs. 1900 assigned to LDCs by the 6th CPC was without any logic and without appreciating the existing vertical relativity between Group D and LDCs and LDCs and UDCs.

(b) While creating the non functional grade in the grade pay of Rs. 4200 in the Central Secretariat, the Department of Personnel, which is the nodal department for all matters concerning the common categories, did not extend the benefit to the UDCs in the Subordinate offices.

(c) The Staff side also pointed out the Department while restructuring the cadre of stenographers in the Central Sectt. earlier, had extended the benefit to all Stenographers in the subordinate offices.
The official side stated that it was not possible for them to address the issue, whatever may be its justification in the background of the setting up of the 7th CPC. They however, assured to make a reference specifically to the Commission.

(vi) Item No.5. Senior Clerks in DMS to be assigned grade pay of Rs. 4200. The matter was stated to be sub-judice.

(vii) Item No. 6 and 12. – Removal of anomaly in the case of artisans staff of different departments & Master Craftsmen pay scale in MMS in Postal Department. The two agenda items being identical were take up together. The Staff side pointed out the glaring discrimination in the matter. They also stated that the number of employees involved is very small. On behalf of the Postal Department it was stated that the recruitment qualification in the Postal Department was VIII Standard and ITI whereas in other establishment, the academic qualification stipulated was X Standard. The Staff side contested the same pointing out that no person is entitled to be admitted to ITI without having X standard qualification. They pointed out that the merger of Artisan Grade I and Charge hand was the root cause of the problem. The official side took the stand that in any case the anomaly cannot be removed at this stage and have to wait till the 7th CPC recommendations are made.

(viii) Item No. 7. Parity in pay scales between the Central Sectt. and subordinate offices. The official side said that the up-gradation of the pay scale of Central Sectt. Assistants were on well found grounds. The Government had considered the repercussion of the said decision and therefore, the decision is not possible to be either reversed or extended to any other category of employees. They added that perhaps the 7th CPC before whom the matter is already agitated by the employees organizations of the subordinate offices might take a decision in the matter.

(ix) Item No. 9 and 10. Higher grade pay for Medical Assistants and Store keepers. The Defence Ministry was asked to submit a detailed note to the Ministry of Finance indicating the duties and responsibilities assigned as also the recruitment qualifications stipulated in the RR to enable them to reconsider the issue.

(x) Children Educational Allowance for any two children. The official side stated that the deviation made in identifying the eldest two children was consciously done taking into account the National Population policy and various other factors and is not likely to be changed. Regarding the claim for reimbursement of expenses incurred in the nursery class, as such institutions or classes are not linked to any Educational Boards, the official side said that they would look into the matter with a view to find a solution thereof.

National JCA meeting on 8th June
The National JCA which met at the Staff side office on 8th June, 2015 took note of the fact quite a few States are yet to hold the State level conventions. The meeting also noted that the strike decision taken on 28th April, 2015 has not been percolated down to the rank and file of the workers. The meeting wanted the affiliate to realize that the denial of the demand for wage revision to be effective from 1.1.2014 and the consequent denial of interim relief and the benefit of merger of DA with pay must be viewed very seriously as the said decision will have a far reaching consequence. The Government would not in future will discard the age old practice of grant of I.R. and merger of DA for ever. It has decided to appeal to all the affiliates to chalk out independent programmes of actions in the months to come and to carry out the same in all seriousness so that the employees become fully aware of the possible outcome of the 7thCPC . The Chairman and Convenor of the National JCA will get in touch with those States, where the programme has not been carried out. The meeting decided to convey to the members that the minimum wage computation, in the given situation would be on an imaginary basis. The National JCA was of the opinion that a meeting of all office bearers of the participating organizations must be convened at Delhi somewere in the month of July to chalk out the programmes of action to be pursued by theCGEs togher

It was informed at the house that both Defence and Railways would be taking their strike ballot and would be concluded in the first week of October. The meeting decided to advise the other units to chalk out progammes of action in July so that an ambience of struggle could be created. The NJCA also took note of the painful fact that despite assurances, Government was not convening the Departmental Councils and the JCM has been allowed to become defunct.

The National JCA in conclusion decided to appeal to all affiliates to take concrete steps to invigorate the joint movement of the Central Government employees and meet the challenge that is like to arise on receipt of the recommendations of the 7th CPC.by creating an atmosphere of Unity, and determination to carry out the call of indefinite strike action scheduled to commence on 23rd November, 2015..

With greetings,

Yours fraternally,
sd/-
M.Krishnan
Secretary General

Source: Confederation Blog

Maternity leave is right of women employees, government even twins in first delivery: High court

Maternity leave is right of women employees, government even twins in first delivery: High court

Madurai: Ruling that maternity leave is given for protection of the health of women government employees, the Madras High court today stayed the order of Joint Director of School Education (personnel) for recovering over Rs two lakh from the salary of a teacher who took 179 days maternity leave for her second delivery.

Maternity leave is a right of women government employees, even they had delivered twins in the first delivery.

Maternity leave is a right of women government employees, even they had delivered twins in the first delivery.

The woman had delivered a twin in the first delivery.

Justice S Vaidyanathan of the High Court’s Madurai bench, said “it will not be correct to take into account the number of children one delivers during the first delivery to decide whether the maternity leave should be extended ignoring the health of the woman.”

“The intention of the maternity leave is to afford protection to the woman during the second delivery, it is not based on the number of children she delivers during the two deliveries,” the judge saidi in his interim order after hearing the petition filed by T Priyadarshini.

The judge said “it is not in dispute that the petitioner had two children. But it is in the first delivery, she gave birth to twins, and hence twin born in the first delivery cannot be put against the petitioner to deprive the second maternity leave.”

The petitioner submitted that she took her first maternity leave in 2011 for 180 days when she delivered a boy and a girl.

Then in 2014, she applied for maternity leave and it was granted. But the Joint Director of School education had said having two surviving children, she was not eligible to apply for second maternity leave and directed the chief education officer to consider the medical leave as loss of pay and recover Rs.2,56,112 from her and remit the money in the treasury immediately.

Inputs with PTI

via tkbsen.in

Release funds for salary of employees: High Court to Delhi government

Release funds for salary of employees: High Court to Delhi government

New Delhi: Warning of a health epidemic, Delhi High Court today directed the Delhi government to ensure immediate release of funds to East Delhi Municpal Corporation to pay dues to employees for May and observed that sanitation workers cannot be expected to work without salaries.

“Why should the poorest wait for their salary. We have gone past promises. People on ground are suffering. Why should they work without salary?” the court said and issued a slew of directions to immediately clear the “alarming proportions” of garbage which has been piling on streets due to a strike by the workers.
The High Court also voiced unhappiness over Delhi Government’s submission that it will take a decision for release of funds in its budget session and said, “Call for an emergency session. It’s a serious issue, a health epidemic.”

On the issue of removal of garbage from the areas, a bench of justices S Muralidhar and I S Mehta directed the Commissioner of Police to constitute specific task forces to be headed by an officer not below the rank of sub-inspector to oversee ward-wise garbage removal right away.

It also restrained the associations of safai karamchaaris from obstructing removal of garbage from dumps, a function which has been outsourced to private agencies.

The court directed the city government, Chief Secretary and Urban Development secretary to hold a meeting with the EDMC Commissioner tomorrow morning and decide the amount required by EDMC for payment of salaries while ensuring that it is released soon.

The bench also directed the Delhi government to ensure that the required funds are “provisionally” transferred by June 15 with the condition that it would be used only for paying the EDMC employees.
It also directed the Police Commissioner, or his representative, and Commissioner of EDMC to meet today itself to work in close coordination over setting up of task force to ensure “removing of garbage is straight away carried out”.

The court passed the order after it perused news reports and pictures submitted by advocate Sanjeev Ralli, who showed photographs of various areas in east Delhi where garbage has spilled onto the roads.

The bench issued notice to Centre, Delhi government, EDMC and various associations of safai karamchaaris, seeking their replies before the next date of hearing on June 19, when the authorities have been directed to submit their compliance reports.

PTI