Non Implementation of GDS Committee Report

FNPO

Non Implementation of GDS Committee Report

NUGDS/Agitation/April 2018

New Delhi
27-04-201 8

To
The Secretary
Department Of Posts
Dak Bhavan
New Delhi

sir,
Sub: Non Implementation of GDS Committee Report

GDS committee report, containing favorable recommendations to the bill paid GDS employees was submitted to the Government in November 2016. A discussion on the report was held before the unions and the Department on March 2017. The officers of the postal services board had promised after discussion that the recommendations would be implemented within 6 months which was taken by the union. with gratitude. But though 17 months have elapsed, there is no move from the Department to implement the recommendations which we note painfully. We are not in a position to explain delay before the employee. VII th CPC report relating to about 1 crore central government employees and pensioners was implemented with the 8 months of the submission to the Government. There is no justification for the abnormal delay for the non implementation of GDS committee report, relating to 240000 GDS employees of the postal department alone.

In the above circumstances, we are constrained to move on serious agitation programmes against the attitude of the Government including non attending of PLI/RPLI, and SB/RD business. Along with this, we are preparing for conducting nation wide strike in the month of May 2018. Statuary notice for the strike will be given in the appropriate time.

Thanking you.

Yours sincerely

S/d,
P.U.Muraleedharan
General Secretary

Fixation of pay in the merged Pay Scale of Rs. 5000-8000 and Rs. 5500-9000 with Rs. 6500-10500 (5th CPC) in 6th CPC Pay Band-2 + Grade Pay Rs. 4200

Fixation of pay in the merged pay scale of 5000-8000 and 5500-9000 with 6500-10500 (5th CPC) in Pay Band-2 + Grade Pay 4200 : Early implementation of CAT Ernakulum bench order - reg.

Shiva Gopal Mishra
Secretary

Ph.: 23382286
National Council (Staff Side)
Joint Consultative Machinary
for Central Government Employees
13-C, Ferozshah Road, New Delhi - 110001
E Mail : nc.jcm.np@gmail.com
No. NC-JCM-2018/Fin. (Aco)

April 23, 2018.

Joint Secretary (Pers)
Department of Expenditure
Ministry of Finance
North Block,
New Delhi - 110 001.

Subject : Fixation of pay in the merged Pay Scale of Rs. 5000-8000 and Rs. 5500-9000 with Rs. 6500-10500 (5th CPC) in 6th CPC Pay Band-2 + Grade Pay Rs. 4200/. 

Reference: Item No. 1, 2, 3 and 4 of the Minutes of the National Anomaly Committee held on 17th July, 2012 circulated vide DOP&T OM F.No. 11/2/2008-JCA dated 13th September, 2012.

Sir,
Kindly refer to Para No. 8.1 of the Minutes of the Meeting of the 6 th CPC National Anomaly Committee held on 17th July, 2012. This is with regard to Item No. 1, 2, 3 and 4 i.e. fixation of pay in revised Pay Scale. The Staff Side in the meeting has reiterated their demand that the pay in the incumbents holding the merged Pay Scale of Rs. 5000-8000 and Rs. 5500-9000 should have been fixed by applying the multiplication factor of 1.86 at Rs. 6500 w.e.f. 01.01.2006 implying thereby that the commencement point of the Pay Band-2 should be at Rs. 12090/- based on 6500 x 1.863 = 12090 instead of Rs. 9300/- computed by multiplying Rs. 5000 x 1.86. The Official Side has rejected the demand of the Staff Side and after discussion it was decided that on this issue a disagreement may have to be recorded for referring the same to arbitration. Even though it is more than 5 years after the above decision we are not aware that what action has been taken to implement the decision taken in the National Anomaly Committee Meeting.

In this situation the affected Central Government Employees working in different Ministries have approached Court of Law for getting justice. Recently the CAT Ernakulum Bench in its Order OA No. 180/00569/2014 delivered on 03rd of April, 2018 has upheld the demand of the Staff Side and has given the following direction to the Government of India. The relevant portion of the Judgment is given below for your kind information.

14. It has to be borne in mind that CCS (RP) Rules, 2008 is a Rule notified under the proviso to Article 309 of the Constitution of India made by the President and hence it has a statutory status in the eye of law. Therefore, any interpretation of the provisions in the said Rules has to be in terms of the Rules itself. Any O.M. issued by way of clarification, explanation or prescribing the modalities for fixation of initial pay of the Government Employees as per the revised pay structure can be only in terms of what is stated in the Rules.

15. As observed above, going by the definitions of the terms 'existing basic pay' and 'existing scale' in the CDS (RP) Rules, 2008, Rule 7 fixation can be only in accordance with the afore-mentioned definitions of 'existing basic pay' and 'existing scale' only and not by way of administrative O.Ms and instructions contained in Annexure A-1 and Annexure A-2 communications. Therefore, we are inclined to quash and set aside Annexure A-1 and Annexure A-2 communications. We do so. We hold that the applicants are entitled to the declaration as prayed for and that the respondents should be directed to fix the initial pay of the applicants including all the members of Applicant No. 1 association in the revised pay structure by fixing their salary in the revised pay scale of Rs. 6500-10500 treating Rs. 6500/- as the existing basic pay as on 01.01.2006 with all consequential benefits. We order accordingly. This order shall be complied within 3 months from the date of receipt of copy of this order."

In view of the above Judgement it is requested that without further prolonging the matter the above Judgment may be implemented by issuing a general instructions extending the benefit to all the similarly place Employees.

Awaiting for your favourable response please.
Thanking you,

Yours Faithfully,
(Shiva Gopal Mishra)
Secretary

Source: Confederation

Clarification regarding entitled number of sets of Post Retirement Complimentary Passes (PRCP) admissible to lateral entrants in Railways Service

Post Retirement Complimentary Passes (PRCP) admissible to Ex-servicemen or CG employees - Railway Board's clarification

Government of India
Ministry of Railways
(Railway Board)

No. E(W)2016/PS5-8/2

New Delhi, dated 19.04.2018

The General Managers (P)
All Zonal Railways &
Production Units.

Sub: Clarification regarding entitled number of sets of "Post Retirement Complimentary Passes" (PRCP) admissible to lateral entrants in Railways Service.
Ref: (i) Board's letter No.E(W)2006/PS5-1/28 dated 18.04.2007.
(ii) Board's letter No.E(W)2006/PS5-1/28 dated 08.05.2008.
(iii) Board's letter No.E(W)2013/PS5-1/7 dated 16.12.2013.
(iv) Board's letter No.E(W)2013/PS5-1/28 dated 12.03.2014.

In the PNM/NFIR meeting with Board, the Federation have raised an issue that lateral entrants in Railways Service, especially ex-servicemen, who have retired or ceased to be a railway servant, after having rendered more than 20 years of qualifying service (i.e. after addition of admissible past non-railway service) are not being issued entitled number of PRCPs.

2. In this context, your attention is drawn to the amendment made vide Advance Correction Slip (ACS) No.53 to Railway Servants (Pass) Rules, 1986 (Second Edition - 1993), circulated vide Board's letter cited under Ref.(i) which provided for giving weightage only to the extent of half of the period of past non-railway service rendered by "Ex-servicemen or Central Government employees" for determining their eligibility to PRCP. The said provision was further amended vide ACS No.56, circulated vide Board's letter cited under Ref.(ii). It provided for counting of half of the period of past non-railway service rendered by the lateral entrants in non-railway departments or establishments to determine their eligibility ot PRCP subject to the condition that the said period of past non-railway service has been counted along with the railway service for pensionary benefits. It was also made clear that the number of PRCPs of such lateral entrants shall be at par with those railway servants who have retired with minimum 20 years of qualifying railway service.

3. Furthermore, in terms of ACS No. 74, circulated vide Board's letter cited under Ref.(iii), read with Board's letter cited under Ref.(iv), railway employees who retired on or after 01.01.2006 were made entitled to the following PRCP facility:-

Category		No. of PRCPs admissible in one year
Group A & B	With railway service of 20 years or more	3 Sets
Group C		2 Sets
Group D		1 Set

4. Accordingly, it is clarified that the lateral entrants who have retired or ceased to be a railway servant w.e.f. 01.01.2006 after having rendered 20 years or more of qualifying service (i.e. either railway service plus half of the period of past non-railway service counted along with railway service for pensionary benefits or railway service exclusively), are entitled to the number of PRCPs as stipulated in preceding para 3.

5. The Railways are advised to follow the extant provisions of statutory rules scrupulously and issue passes accordingly.

(V. Muralidharan)
Dy. Director Estt. (Welfare)-I
Railway Board

Source: IRTSA

Medical Treatment facilities to Central Government Employees and Pensioners

Reimbursement of Medical Treatment in non-empanelled hospitals to CG Employees and Pensioners - Supreme Court Judgment [WP (Civil) No. 694 of 2015]

In view of the verdict of Hon'ble Supreme Court with regard to the medical treatment of Central Government Employees and Pensioners in non-empanelled hospitals, the Secretary, National Council (Staff Side), JCM has requested the Central Government to kindly take appropriate steps to implement the above judgment in its true perspective so as to ensure better health care to the Central Government Employees and Pensioners.

Shiva Gopal Mishra
Secretary

Ph.: 23382286
National Council (Staff Side)
Joint Consultative Machinary
for Central Government Employees
13-C, Ferozshah Road, New Delhi - 110001
E Mail : nc.jcm.np@gmail.com

No. NC-JCM-2018/Health

April 23, 2018

The Secretary
Government of India
Ministry of Health and Family Welfare
Nirman Bhavan, New Delhi - 110 001.

Subject : Medical Treatment facilities to Central Government Employees and Pensioners

Reference : Judgment of the Hon'ble Supreme Court in WP (Civil) No. 694 of 2015 delivered on 13th April, 2018

Sir,

The Staff Side of the National Council (JCM) is repeatedly representing to the Government about the difficulties being faced by the Central Government Employees and Pensioners in availilng Medical Treatment from CGHS Hospitals and also from un-empanelled hospitals during emergency. In many cases the CGHS empanelled hospitals charges over and above the charges fixed for different treatment and procedure and the same is denied and disallowed from the Medical Claims of the Employees and Pensioners thereby subjecting the CGHS beneficiaries are forced to take treatment to save their life from various un-empanelled hospitals. The claims from these hospitals are also rejected and the CGHS beneficiary has to bear the entire cost of the treatment. Against these the affected employees and Pensioners have approached different Courts in different parts of the Country and in all those cases the judgments are given in favour of the Employees.

At present the Hon'ble Supreme Court in its above referred Order has given an historical judgment with regard to the medical treatment of Central Government Employees and Pensioners and the Hon'ble Supreme Court has also given various directions to your Ministry for implementation in a time bound manner. The relevant portion of the judgment is given below for your kind ready reference.

"13) It is a settled legal position that the Government employee during his life time or after his retirement is entitled to get the benefit of the medical facilities and no fetters can be placed on his rights. It is acceptable to common sense, that ultimate decision as to how a patient should be treated vests only with the Doctor, who is well versed and expert both an academic qualification and experience gained. Very little scope is left to the patient or his relative to decide as to the manner in which the ailment should be treated. Specialty Hospitals are established for treatment of specified ailments and services of Doctors specialized in a discipline are availed by patients only to ensure proper, required and safe treatment. Can it be said that taking treatment in Specialty Hospitals by itself would deprive a person’ to claim reimbursement solely on the ground that the said Hospital is not included in the Government Order. The right to medical claim cannot be denied merely because the name of the hospitals is not included in the Government Order. The real test must be the factum of treatment. Before any medical claim is honoured, the authorities are bound to ensure as to whether the claimant had actually taken treatment and the factum of treatment is supported by records duly certified by Doctors/Hospitals concerned. Once, it is established, the claim cannot be denied on technical grounds. Clearly, in the present case, by taking a very inhuman approach, the officials of the CGHS have denied the grant of medical reimbursement in full to petitioner forcing him to approach this Court.
   
16) Further, with regards to the slow and tardy pace of disposal of MRC by the CGHS in case of pensioner beneficiaries and the unnecessary harassment meted out to pensioners who are senior citizens, affecting them mentally, physically and financially, we are of the opinion that all such claims shall be attended by a Secretary level High Powered Committee in the concerned Ministry which shall meet every month for quick disposal of such cases. We, hereby, direct the concerned Ministry to device a Committee for grievance redressal of the retired pensioners consisting of Special Directorate General, Directorate General, 2 (two) Additional Directors and 1 (one) Specialist in the field which 'shall ensure timely and hassle free disposal of the claims within a period of 7 (seven) days. We further direct the concerned Ministry to take steps to form the Committee as expeditiously as possible. Further, the above exercise would be futile if the delay occasioned at the very initial stage, i.e., after submitting the relevant claim papers to the CMO-I/C, therefore, we are of the opinion that there shall be a time frame for finalization and disbursement of the claim amounts of pensioners. In this view, we are of the opinion that after submitting the relevant papers for claim by a pensioner, the same shall be reimbursed within a period of 1 (one) months."

In view of the above observations and directions by the Hon'ble Supreme Court we request you to kindly take appropriate steps to implement the above judgment in its true perspective so as to ensure better health care to the Central Government Employees and Pensioners. We have already forwarded many Agenda Points for discussion with the Ministry of Health vide our Letter No. NC-JCM-2017/Health dated 26/04/2017 and 01/09/2017. We regret to inform you that till date Ministry of Health has not convened the meeting with the Staff Side of National Council (JCM). You are therefore requested to convene a meeting with the Staff Side of National Council (JCM) in which the above issue can also be discussed.

Awaiting for your favourable response please.

Thanking you,

Yours Faithfully,
(Shiva Gopal Mishra)
Secretary

Source: Confederation

Bank DA Calculation from May 2018

Bank DA Calculation from May 2018

The All India Consumer Price Index for the month of March 2018 has been released by Labour Bureau yesterday. The index remained unchanged at the point of 287.

M/Y	Jan-2018	Feb-2018	Mar-2018
CPI	288	287	287
Conversion	6573.86	6551.03	6551.03
Average	-	-	6558.64
Minus 4440	-	-	2118.64
Divided by 4	-	-	530.00
DA %	-	-	53.00%

Dearness Allowance for workmen and officer employees in banks

Payable for the Year	Payable for the months	Average CPI	No. of slabs	% of pay
2018	May, June, July 2018	6558	530	53.0
2018	February, March April 2018	6551	527	52.7
2017	November, December 2017, January 2018	6505	516	51.6
2017	August September October 2017	6353	478	47.8
2017	May June July 2017	6261	456	45.6
2017	February March April 2017	6315	469	46.9
2016-17	November, December 2016, January 2017	6353	478	47.8
2016	August, September, October 2016	6261	455	45.5
2016	May, June, July 2016	6117	420	42.0
2016	February, March, April 2016	6147	426	42.6