Presentation before Expert Committee on reduction of litigations on service matters – BPMS
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)
CENTRAL OFFICE: 2-A, NAVEEN MARKET, KANPUR – 208001, PH & FAX : (0512) 2332222
MOBILE: 09415733686, 09235729390, 09335621629, WEB : www.bpms.org.in
REF: BPMS / MOD / Litigations / 130 (7/5/L)
Dated: 29.09.2015
To,
The Deputy Secretary D(PCC/MIS)
Govt of India, Min of Deface,
‘B’ Wing, Sena Bhawan,
New Delhi – 110011
Subject: Presentation before Expert Committee on reduction of litigations on service matters.
Reference: MOD ID No. 11020/04/2015/D(Civ-II), Dated 17.09.2015
Respected Sir,
With due regards, it is submitted that this federation had been raising
the issue in various forums like Departmental Council JCM, during the
meeting with Hon’ble Defence Minister / Defence Secretary regarding
extension of judicial pronouncement to similarly placed non-petitioners
in service matters so that unnecessary litigations may be minimized.
Thereupon, Ministry of Defence vide its
ID No. 18(2)/2014-D(JCM), Dated 09.12.2014 (copy enclosed for your ready
reference) has requested all Administrative Divisions of MOD to review
all existing court cases, pending with their Divisions and take a clear
decision whether to proceed with or drop the case based on the verdict
of Apex Court in a similar case given in favour of petitioners and where
the Government has taken a decision to implement the orders of the
Hon’ble Supreme Court of India in respect of petitioners only and not in
respect of similarly placed employees. It further states that wherever
feasible, the grievances of the similarly placed employees about service
matters shall be resolved through administrative channels and this
would help in reducing unnecessary litigations as well as
resentment amongst employees.
Now, this federation is happy to note
that Hon’ble RM has constituted a Committee consisting of Lt. Gen Mukesh
Sabharwal (Retd), Lt. Gen Richard Khare (Retd), Maj Gen T Prasad
(Retd), Maj Navdeep Singh (Retd) & Maj D P Singh (Retd) to examine
the cases relating to service matters that are pending in various Courts
and Tribunals which may be resolved in pre-litigation stage.
Hence, this federation would like to
invite the attention of expert committee to some of the following issues
which may increase the litigations if not resolved amicably:-
1. Grant of ACP / MACP prior to
application of Restructuring of Cadre of Artisan Staff in Defence
Establishments in modification of recommendations of 6th CPC:
(i) As per OFB letter No. 01/Cadre
Restructuring/A/I, dated 12.07.2003 the inter-grade ratio in respect of
all skilled trades including left out trades has been fixed in the
ratio and corresponding scale as mentioned below w.e.f. 20.05.2003-
1. Skilled Rs. (3050-4590) : 45%
2. Highly Skilled Rs. (4000-6000) : 55%
3. Master Craftsman Rs. (4500-7000) :
25% of Highly Skilled grade posts will be placed in the grade of the
Master Craftsman. They will, however, not be a part of the hierarchy.
(ii) Assured Career Progression Scheme
was introduced vide DoP&T O.M. No. 35034//1/97-Estt(1), Dated
09.08.1999 to grant 02 financial upgradations in the promotional
hierarchy on completion of 12 & 24 years regular service. This
ACP Scheme was applicable up to 31.08.2008.
(iii) Under the ACP Scheme, Artisan
Staff in the post of Skilled was entitled for 1st ACP in the pay scale
of Rs. (4000 – 6000) by ignoring his movement from Semi-Skilled
to Skilled, treating it as training period and 02nd ACP in the pay scale
of Rs. (5000 – 8000) since the Master Craftsman in the pay scale of Rs.
(4500 – 7000) was not a part of hierarchy and the placement in this
grade was not treated as promotion.
(iv) The 6th CPC revised pay scales and
introduced the Grade Pay system and Artisan Staff became entitled for
01st ACP in the Grade Pay of Rs. 2400/- and 02nd ACP in the Grade Pay of
Rs. 4200/-.
(v) Further, 6th CPC merged the
pre-revised Group D pay scales of Rs. (2550-3200), Rs. (2610-3540) Rs.
(2610-4000) & Rs. (2650-4000) and upgraded and revised in the Grade
pay of Rs. 1800/-.
(vi) As per First Schedule, Part – B,
Section-II of CCS (RP) Rules, 2008 the grades of existing Unskilled
(2550-3200) and Semi-Skilled (2650-4000) workers were upgraded in
(2750-4400) and merged and revised in the Grade Pay of Rs. 1800/-.
(vii) It has already been clarified by
OFB vide letter No. 800/MACP/A/I/551, dated 22.09.2011 that the movement
from Unskilled to Semi-Skilled is not to be treated as promotion and is
to be ignored while granting financial upgradations under ACP Scheme
upto 31.08.2008. Similarly a movement from Semi-Skilled grade to
Skilled grade, irrespective of mode of entry, is not to be treated as
promotion for the purpose of ACP and is to be ignored while granting
financial upgradations under the ACP Scheme.
(viii) From above, it may be deduced
that an Artisan Staff who reached to the post of Skilled grade upto
31.08.2008 and completed 12 or 24 yrs regular service is entitled
for 1st ACP in the Grade Pay of Rs. 2400/- and 2nd ACP in the Grade Pay
of Rs. 4200/-.
(ix) Thereafter, 3rd financial
upgradations may be granted w.e.f. 01.09.2008 under the Modified Assured
Career Progression Scheme introduced vide DoP&T O.M.
No. 35034/3/2008-Estt. (D), Dated 19.05.2009.
(x) Subsequently, the Ministry of
Finance (Department of Expenditure) vide its Notification G.S.R. 552
(E), Dated 28th July 2009 has amended the Central Civil Services
(Revised Pay) Rules, 2008 whereby Master Craftsmen has been granted
the Grade Pay of Rs. 4200/- and Highly Skilled Workers are split in a
ratio of 50 : 50 and re-designated as Highly Skilled Worker Grade-II
(Grade Pay of Rs. 2400 in Pay Band PB – 1) and Highly Skilled Worker
Grade-I (Grade Pay of Rs. 2800/- in Pay band PB –1).
Accordingly the pay scale of Master
craftsman has been revised from Rs. (4500 – 7000) to Rs. (5000 – 8000)
vide MOD letter F. No. 11(5)/2008/D(Civ-I) Dated 28th Aug, 2009 as per
SRO – 11 E and the post of Highly Skilled (4000 – 6000) has
been bifurcated in the ratio of 50 : 50 whereby 50 per cent incumbents
have been upgraded as Highly Skilled grade – I in the pay scale of Rs.
(4500 – 7000). As per above notification, the artisan staff in MOD is
restructured w.e.f. 01.01.2006 as under –
1. Skilled (5200 – 20200) plus 1900 Grade pay
2. Highly Skilled – II ( — Do — ) plus 2400 Grade pay
3. Highly skilled – I ( — Do — ) plus 2800 Grade pay
4. Master Craftsman (9300 – 34800) plus 4200 Grade pay
According to above, the grade structure
of Skilled, Highly Skilled –II, Highly Skilled – I and Master Craftsman
has been fixed by operating instructions issued vide MOD ID No.
11(5)/2009-D(Civ-I), Dated 14.06.2010 as under:
(i) Skilled – 45 %
(ii) Highly Skilled Grade II – 20.5 %
(iii) Highly Skilled Grade I – 20.5 %
(iv) Master Craftsman – 14 %
(xi) It has been observed that artisan
staff were not granted the financial upgradations under the ACP / MACP
Scheme in defence installations and when MOD issued instructions for
restructuring on 14.06.2010, it (restructuring) was applied first and
thereafter financial upgradations granted under MACP Scheme whereas it
(MACP) was introduced earlier (19.05.2009) vis a vis to
restructuring (14.06.2010). Due to this incumbents are in the
disadvantageous position which may be understood by the following
table:-
(xii) This is a living example of Sri
Rakish Kumar, Tool Setter HS-I, T.No. 18/SMW, P.No. 006548, SAF Kanpur
and there are more than thousands IEs in various defence installations
who are similarly placed. This case is under consideration in MOD / OFB.
(xiii) Hence, kindly issue necessary
directives to the authorities to grant ACP upto 31.08.2008 and
thereafter apply the restructuring instructions retrospectively
w.e.f. 01.01.2006 by protecting the benefits already granted under ACP
Scheme.
2. Grant of MACP ignoring movement from Highly Skilled to HS-I : Implementation of Courts Judgements.
(i) As earlier explained that the
Ministry of Finance (Department of Expenditure) vide its Notification
G.S.R. 552 (E), Dated 28th July 2009 has amended the Central
Civil Services (Revised Pay) Rules, 2008 whereby Master Craftsmen has
been granted the Grade Pay of Rs. 4200/- and Highly Skilled Workers are
split in a ratio of 50 : 50 and re- designated as Highly Skilled Worker
Grade-II (Grade Pay of Rs. 2400 in Pay Band PB – 1) and Highly Skilled
Worker Grade-I (Grade Pay of Rs. 2800/- in Pay band PB – 1).
(ii) Accordingly, operating instructions
issued vide MOD ID No. 11(5)/2009-D(Civ-I), Dated 14.06.2010 and the
post of Highly Skilled (4000 – 6000) has been bifurcated in the ratio of
50 : 50 whereby 50 per cent incumbents have been upgraded as
Highly Skilled grade – I in the pay scale of Rs. (4500 – 7000). As per
above notification, the artisan staff in MOD is restructured w.e.f.
01.01.2006 as under –
(iii) Further, vide OFB letter No.
01/CR/A/I/658, dated 13.120.2010 the restructuring of Cadre of Artisan
Staff in Defence Establishments in modification of recommendations of
06th CPC was made effective in Ordnance & Ordnance Equipment
Factories Organizations. Hence this federation demanded vide letter No.
BPMS/ CADRE REVIEW / 110(7/4/R), Dated: 07.08.2009, 10.11.2009 &
23.04.2010 that the placement from Highly Skilled to Highly Skilled
Grade I should not be treated as promotion either under the normal
promotion rules or under MACP Scheme, but all in vain.
(iv) However, some of the employees
approached the CAT and the Hon’ble CAT Calcutta has passed the following
directions in OA No 172/2012, dated 16.01.2014 {Indranil Chowdhury
& 162 others versus Union of India through Secretary Min of Defence,
Finance & DoP&T} on the subject matter:
“12. On the Contrary the
respondents have failed to convince us that the movement of the present
applicants from HS to HS-I involved any assumption of higher
responsibilities or that it was a movement from a lower feeder post with
lower scale of pay to a higher post with higher scale of pay. On the
contrary we find that movement from HS-II to HS-I after 01.01.2006, is
justifyly termed as a promotion, as HS-II became feeder post to HS-I
w.e.f. 01.01.2006. Similarly Skilled grade became the feeder grade to
HS-II. But by no stretch of imagination erstwhile HS Grade can be called
a feeder grade to HS-II or HS-I under the hierarchy created w.e.f.
1.1.06.
13. The respondents have thus
failed to disclose the reason as to why the placement of erstwhile (pre
01.01.2006) Highly Skilled workers to highly Skilled Gr.-I in terms of
seniority and Highly Skilled Gr.-II in the ratio of 50:50 due to
restructuring of artisan cadre be treated as promotion. We find from a
clarification dated 10.02.2000 that mobility under ACPs is to be allowed
in the existing hierarchy. Any Selection Grade / in-situ promotion
which is not a part of the hierarchy shall not be treated as promotion
for the purpose of ACPs, which fully supports the applicants’ case.
14. Being not supported by any
cogent reason we hold that the placement of erstwhile (pre 01.01.2006)
HS to HS-I due to cadre restructuring effected on 13.12.2010 w.e.f.
01.01.2006, should not be treated as a promotion for the purpose of
MACP. Consequently, we hold that the applicants shall be entitled to
MACP.”
(v) Therefore, you are requested to take
appropriate action so that the placement of erstwhile (pre 01.01.2006)
HS to HS-I due to cadre restructuring effected on.13.12.2010 w.e.f.
01.01.2006, should not be treated as a promotion for the purpose of MACP
as per CAT directive to the petitioners as well as non-petitioner. It
is worth to mention here that Govt of India has appealed in various High
Courts against the similar judgements of different benches of CAT but
none of the High Courts have granted the stay order, hence, some of the
places CAT order is being implemented.
3. Grant of ACP / MACP to Security Staff in OFB:-
Hence, it is demanded that Security
staff (Durwan, Jamadar Durwan & Subedar Durwan) should also be
granted financial upgradations under the ACP / MACP scheme on the
analogy of Chargeman.
4. This federation has demanded in the
Steering Committee meeting for 90th Departmental Council (MOD) held in
Aug.2014 to Re-draft the role of Defence (Finance) so that
service matters like Recruitment Rules, Cadre Review, revival of
sanctioned posts, payment of arrears, revision of allowances etc. may be
settled at the earliest. It has been observed that Defence (Finance)
division is not cooperating in true spirit to resolve the service
matters. For example-
(i) Revision of Special Pay to Staff
Nurse working in Operation Theatre- Special Pay has been granted to
Nursing Staff @ Rs. 60/- per month who are working in (a) Operation
Theatres, (b) Intensive Care Units of the Ordnance & Ordnance
Equipment Factory Hospitals/Clinics vide MOD letter No.
7(2)/87/I/D(Fy.II), Dated 06th March, 1989. This Special Pay @ Rs. 60/-
per month was being granted as per recommendations of 04th CPC.
Subsequently, on the recommendations of 5th CPC the Special Pay @ Rs.
60/- per month was doubled to Rs. 120/- with effect from 01.08.1997 in
the Ministry of Railways in terms of Railway Board’s letter No.
E(P&A)I- 88/SP-1/MH-2, Dated 18.01.1990 & 25.01.1990. Further,
Resolution adopted by Govt of India on the recommendations of 06th CPC
which is published in the Gazette of India by Ministry of Finance
(Department of Expenditure) No. 1/1/2008-I.C. Dated 29th August, 2008,
wherein Para 08 of Part-B states that Govt of India has accepted the
6th CPC recommendations of doubling of the Special Allowance and
this allowance will be increased by 25% every time the Dearness
Allowance payable on revised pay scales goes up by 50%BPMS
Federation has raised this on 07.12.2011 but the matter is running
between OFB & MOD due to piecemeal objections of Def (Fin).
(ii) Nursing Allowance to all Nurses
working in Dispensaries- Ministry of Health and Family Welfare (Nursing
Section) O.M. No. Z.28015/71/2008-N, Dated 19th Nov.2008 states that as
per Resolution adopted by Govt of India on the recommendations of
06th CPC which is published in the Gazette of India by Ministry of
Finance (Department of Expenditure) No. 1/1/2008-I.C. Dated 29th August,
2008, the President has pleased to enhance the Nursing Allowance to Rs.
3200/- per month w.e.f. 01.09.2008 and the Nursing Allowance will be
payable to all Nurses whether working in Dispensaries or
in Hospitals.BPMS has raised this issue on 07.12.2011 but the matter has
been referred to 07th CPC due to objections of Def (Fin).
(iii) Bunching benefit to Master
Craftsmen (Excluding OFB) – MOD ID No. 11(5)/2009- D(Civ.I), Dated
14.06.2010 communicates that Master Craftsman will be granted the Grade
Pay of Rs. 4200 in PB-2 w.e.f. 01.01.2006. Prior to above, the
Master Craftsmen were in the pay scale of Rs. (4500 – 7000). While
implementing the above order, all the MCMs who were drawing pre-revised
pay at the stage of Rs. 4500 / 4625/ 4750 / 4875 / 5000 were fixed at
Rs. 9300 plus GP 4200 w.e.f. 01.01.2006. This is contradictory to the
provisions of CDS (RP) Rules, 2008 which stipulates as under:
7.(1) (A)(ii): if the minimum of the
revised pay band /pay scale is more than the amount arrived at as per
(i) above, the pay shall be fixed at the minimum of the revised pay
band/pay scale;
Provided further that:-
Where, in the fixation of pay, the pay
of Government servants drawing pay at two are more consecutive stages in
an existing scale gets bunched, that is to say, gets fixed in the
revised structure at the same stage in the pay band, then, for every two
stages so bunched, benefit of one increment shall be given so as to
avoid bunching of more than two stages in the revised running pay bands.
This issue is pending since long because Def (Fin) needs some clarification from DoP&T / Min of Fin.
(iv) Grant of 3rd MACP in GP 4600/- to
Skilled grade- With the concurrence of Def (Fin), MOD issued
instructions to grant 3rd MACP in GP 4600/- to those Highly Skilled /
MCM who were drawing pay in the pre-revised pay scale of Rs.(5000-8000)
upto 31.12.2005 as 2nd ACP. This Federation has pointed out to extend
the same benefit to Skilled employees but Def (Fin) needs clarification
from DoP&T.
(v) Def (Fin) is not granting the 2nd
ACP in GP 2400/- to erstwhile Labourers who have completed 24 yrs
regular service upto 31.08.2008 on the plea that they had not passed the
requisite trade test of Highly Skilled on the date of eligibility. BPMS
invited the attention of Def (Fin) to the clarification for grant of
ACP after passing the trade test issued vide MOD D(Civ-I) dated
05.02.2004 which stipulates as under –
“2. It is further clarified that the
employees who had completed 12/24 years of service after 09.08.99 but
before that the date of conducting the first trade test may be granted
financial upgradation under ACP Scheme, subject to fulfillment of all
other conditions prescribed for grant of ACP, from the date of their completion of 12/24 years of service, instead of the date
of passing of this trade test, in the first attempt as a one time
measure.” In spite of that Def(Fin) is not agree to conduct the trade
test but make the same effective from the date of eligibility.
(vi) Grant of Night Duty Allowance on
the basis of actual salary- Payment of Night Duty Allowance based on
actual salary, instead of notional pay of Rs.2200/- was resolved vide
MOD ID No. 17(4)/2012/D(Civ-II), Dated 08.05.2015 in compliance of
Contempt Petition (CP No. 200/2014 Shri Arvind Girija Singh & Ors
versus UOI & Ors.) based on the CAT Jodhpur directions in OA No
34/2008 dated 5.11.2009 and subsequent ratifications by Hon’ble High
Court and Supreme Court of India. All the court cases regarding revision
of night duty allowance was related to the notional ceiling of
Rs.2200/- per month and this issue was resolved by ordering the NDA on
the actual salary and nowhere court further fixed any real or notional
ceiling. We are surprised to see the PC of A (Fys) Kolkata letter No.
Pay/TechII/1206/2015/13, dated 09.09.2015 whereby ceiling for
entitlement of Night Duty Allowance has been revised to Rs. 12380/- pay
in Pay Band.
We have strong objection on the issuance
of this letter because PC of A (Fys) is not the competent authority to
revise the ceiling of entitlement for NDA unilaterally as the original
order has been issued by Ministry of Defence in consultation with Min
of Finance, DoP&T, Def (Finance) and if there was any doubt
regarding eligibility, PC of A (Fys) should have asked for clarification
from the competent authorities through prescribed channels.
These are some of the examples on the
functioning of Def (Finance) which raise piecemeal objections time and
again and after several years the issue/draft/proposal will be sent to
other authorities like DoPT, Min of Fin, Min of Labour, Min of Law
etc. Due to this delay tactics employees are compelled to approach the
Court of Law. Even then Court judgements are not being extended to
similarly placed non-petitioners.
5. There are various court cases due to
administrative lapses like promotion of MCM in EME, grant of one
increment on movement from MCM to Chargeman, grant of 3rd MACP in
GP 4600/- to IEs after 01.01.2006, grant of Skilled grade to Tentmenders
of AOC & Valveman & Lift Operators of MES from the date of
appointment and redesignation of Safaiwala/Chowkidar to Mate in MES.
This should be looked into.
6. Defence Civilians of EME and OFB are
much agitated because their Productivity Linked Bonus are being reduced
to 28 days & 40 days respectively whereas on the basis of
their output/production they are being recommended for 32 days in EME
& 41 days in OFB. Due to this, members of Federation are pressing
very hard to file court cases against the employer for not paying the
legitimate justify of PLB. Kindly look into the matter to prevent
litigations.
7. In the Contempt Petition, it should
be brought to the notice of CAT/High Court/Supreme Court where the
matter is pending for implementation like Directorate / MOD / Def(Fin)
/ DoP&T / Min of Finance etc. so that appropriate directives may be
issued against the concerned authority by the CAT/Court under the
Contempt of Court.
Therefore, you are requested to put the
above cases before the expert committee so the committee may consider
the cases in correct perspective and may suggest the Hon’ble Defence
Minister and may issue necessary directives to other authorities how to
minimize the litigations and the grievances of the employees may be
resolved amicably.
Thanking you.
Sincerely yours
(MUKESH SINGH)
Secretary/BPMS &
Member, JCM-II Level Council (MOD)
