Monday, September 15, 2014

Merger of DA with pay and grant of interim relief and Date of effect of 7th CPC: Confederation Charter of Demands

Merger of DA with pay and grant of interim relief and Date of effect of 7th CPC: Confederation Charter of Demands

 The wage revision of the Central Government employees had always been through the setting up of Pay Commissions. Since the wage revision exercise involves inquiring into various aspects of wage determination and service conditions of the Government employees the Government had been appointing Pay Commissions for it was considered a better suited system. Such inquiry through setting up of Commissions had been a time consuming process. The 3rd, 4th and 5th Central Pay Commissions had taken more than three years to submit their reports. The 6th CPC however, submitted its report in the time frame provided to it i.e. 18 months.

 Since the earlier Commissions had covered many aspects of the principles of wage determination and the periodicity of such revision had come down, the exercise might not now require a longer period of time as was the case earlier. Even then the Commission will have to be given a reasonable time frame to go into the matter judiciously, for the 6th CPC recommendations when implemented has given rise to large number of anomalies and cadre related grievances. The methodology adopted for compensating the erosion in the real value of wages in the interregnum period had always been through the mechanism of merger of a portion of DA. The 5th CPC had recommended that the DA must be merged with pay and treated as pay for computing all allowances as and when the percentage of Dearness compensation exceeds 50%. Accordingly even before the setting up of the 6th CPC the DA to the extent of 50% was merged
with pay.

It is pertinent to mention that even this benefit was denied to the Gramin Dak Sewak (GDS) of the Postal Department. As on 1.1.2011, the Dearness compensation was 65%. The suggestion for merger of DA to partially compensate the erosion in the real wages was first mooted by the Gadgil Committee in the post 2nd Pay Commission period. The 3rd CPC had recommended such merger when the Cost of Living index crossed over 272 points i.e. 72 points over and above the base index adopted for the pay revision. In other words, the recommendation of the 3rd CPC was to merge the DA when it crossed 36%. The Government in the National Council JCM at the time of negotiation initially agreed to merge 60% DA and later the whole of the DA before the 4th CPC was set up. The 5th CPC merged 98% of DA with pay.

The Staff Side of the National Council JCM in its meeting with the Secretary, Personnel convened for the purpose of finalising the terms of the reference of the 7th CPC did raise the issue of merger of DA with pay. Though it was assured that the Government would take a final decision in the matter, the matter was not referred to the 7th CPC, nor did they deem it fit to take an executive decision. Despite the absence of any reference to the 7th CPC, the staff side discussed the issue with the Chairman and other members in the Pay commission. On the basis of the said discussion, a separate memorandum detailing as to how the employees are entitled to the benefit of Interim Relief and Merger of DA was submitted to the Commission.

 The Staff Side was informed of the forwarding of the said memorandum by the Commission to the Government for a decision at their end. The Government is therefore duty bound to take a decision in the matter without further loss of time. 


Source: http://karnmk.blogspot.in/2014/09/explanatory-notes-on-charter-of-demands.html

Charter of Demands submitted to Cabinet Secretary by Confederation

Charter of Demands submitted to Cabinet Secretary by Confederation

CHARTER OF DEMANDS

  1. Merger of DA with pay for all employees w.e.f. 01.01.2014 including Gramin Dak Sewaks and Pensioners.
  2. Grant of Interim Relief to all employees including Gramin Dak Sewaks and Pensioners.
  3. Inclusion of Gramin Dak Sewaks under the purview of 7th Central Pay Commission
  4. Scrap PFRDA Act and grant statutory defined pension to all including those appointed on or after 01.01.2004.
  5. Date of effect of 7th CPC recommendation should be 01.01.2014.
  6. Regularisation and Revision of wages of casual labourers and contract workers.
  7. Removal of 5% condition for compassionate appointment.
  8. Fill up all vacant post and creation of New Post wherever justified.
  9. Stop Downsizing, Outsourcing, Contractorisation and Privatisation of Government function.
  10. Grant productivity Linked Bonus to all without ceiling; Compute bonus as weighted average of PLB for those not covered by PLB agreement.
  11. Revise OTA and NDA and implement arbitration awards.
  12. Settle all pending anomalies of 5th and 6th Pay Commission.
Source: http://karnmk.blogspot.in/2014/09/explanatory-notes-on-charter-of-demands.html

Sunday, September 14, 2014

Self Explanatory Notes on Charter of Demands submitted to Cabinet Secretary by Confederation

Self Explanatory Notes on Charter of Demands submitted to Cabinet Secretary by Confederation
CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS

1st Floor, North Avenue PO Building, New Delhi – 110001
Website: WWW. Confederationhq.blogspot.com
Email: Confederationhq@yahoo.co.in

Patron
S.K.Vyas
09868244035
President
K.K.N.Kutty
09811048303
Secretary General
M.Krishnan
09447068125
Dated 11th September, 2014
The Cabinet Secretary,
Government of India,
Rashtrapati Bhawan Annexe
New Delhi. 110 001.

Through the Heads of Departments/Head of offices.

Dear Sir,
The Confederation of Central Government employees and workers is the apex level organisation of all Federation/Association/Unions of CGEs other than in the Railways and Defence Departments. It was in the wake of a strike action in 1960s by the Central Govt. Employees, the Govt. of India set up permanent negotiating machinery called JCM so that the employees will be able to raise their demands and grievances and seek settlement thereof through dialogue. This machinery has now come to a standstill as the Govt.does not convene the meetings of the councils at the National and Departmental levels on one pretext or the other. A new set of rules for grant of recognition of service associations were promulgated in 1993. Many Ministries, despite the employees organizations abiding by the stipulated conditions, have not afforded recognition to the Associations/Federations, thereby closing all channels of communication. The JCM had the facility of referring the issues on which the Government could not agree upon to the Board of Arbitration. The decision/award of the Board was binding on all parties. Still the Government had been rejecting the awards in favour of the employees on the specious plea of adverse impact on national economy by presenting resolutions in the Parliament. We need not emphasise the unethical character of this approach which undermines the confidence of the employees in the fairness of the system.

The 6th CPC recommendations and its implementation had given rise to various anomalies. The employees genuinely felt that the said anomalies would be removed through discussions for which the Government had set up a committee. The Committee despite meeting on four occasions had not been able to settle the issues; nor could it be referred to the Arbitrator. No decision has been taken by the Government so far as to the fate of these anomalies.

The Government set up the 7th CPC in September last. Its notification was issued early this year. Despite assurance being held out, the terms of reference was not subjected to discussion with the staff side with the result the demand of the employees to include the Gramin Dak Sewaks within the ambit of the Commission was not acceded to. The 6th CPC recommendations were implemented with effect from 1.1.2006. The revision of wages was due on 1.1.2011 having completed five years. Wage revision is permitted in the Public Sector undertaking every five years. The value of wages fixed in 2006 has been eroded significantly during the period due to the high rate of inflation and price rise.

The new contributory pension scheme was introduced by the Government on the plea that the pension liability has become unbearable and is a drag on the exchequer. In our Memorandum to the then Prime Minister, we had raised several issues and had pointed out that the financial outflow on account of the new scheme will be much more than the existing defined benefit scheme. We had indicated in our memorandum quite a number of aspects which would be detrimental to the interest of workers. The Government has decide allow FDI in pension fund operations. This will only result in the flow of Indian Savings for investment outside the country.

We submit herewith the charter of demands which requires settlement urgently. We have also appended a Note on each of the issues included in the charter of demands, which is self explanatory. We shall be grateful if these issues are caused to be considered by the concerned departments of the Government of India and brought before the negotiating forum for settlement.

Thanking you,
Yours faithfully,
(Name of the Secretary……………………..)
Name of the unit of the Federation/Association/Union.
Source: http://confederationhq.blogspot.in/

Saturday, September 13, 2014

Information about GDS TRCA, Allowances, Leave etc.

Information about GDS TRCA, Allowances, Leave etc.

GDS  TRCA  SLABS  

    GDS BPM -

75 – POINTS   -  2745-50-4245

87.5 POINTS   -  3200-60-5000

100 POINTS    -  3660-70-5760

112.5 POINTS -  4115-75-6365

125 POINTS    -  4575-85-7125
GDS MD/SV -
UPTO 3HRS : 2665-50-4165

3HR 45MTS : 3330-60-5130

> 3H 45MTS :4220-75-6470

GDS MC/PKR -

UPTO 3HRS  : 2295-45-3695

3HR 45MTS  : 2870-50-4370

> 3H 45MTS : 3635-65-5585

OTHER  ALLOWANCES :


FIXED STATIONERY CHARGES (FSC)
GDSBPM : RS.25 PM
GDSSV    : RS.10 PM
GDSDA   : RS.10 PM
MD/MC    : RS.10 PM

CYCLE MAINTENANCE (CMA)
(NO DISTANCE CONDITION)
GDSMD : RS.60 PM
GDSMC : RS.60 PM

OFFICE MAINTENANCE (OMA)
GDSBPM : RS.100 PM

COMBINED DUTY (CDA)
(CONDITIONS APPLY)

BPM+MD : RS.500/- PM
................: RS.250/- PM
BPM+MC : RS.500/- PM
................: RS.250/- PM BPM+MC
RS.500/- & RS.500/- OR
RS.500/- & RS.250/- OR
RS.250/- & RS.500/- OR
RS.250/- & RS.250/-

COMBINATION OF DUTY
GDSMD+MC:RS.25/- PD

GDSMC+MD:RS.25/- PD

MAX. RS.625/- PM

LEAVE :

PAID LEAVE : 20 DAYS

(IN TWO SPELLS @10 EACH)



LEAVE WITHOUT ALLOWANCES

180 DAYS IN CORRESPONDING YEAR



BOAT ALLOWANCE

GDSMC : RS.50/- PM



CASH CONVEYANCE

GDSBPM : RS.50/- PM

COMPENSATION TO GDSMC

RS.6/- PER HOUR &

MAX RS.12/- PER DAY
Source: Sapost.blogspot.in

3% reservation for differently-abled persons be given in all category of government jobs: Supreme Court

3% reservation for differently-abled persons be given in all category of government jobs: Supreme Court

 The Supreme Court today held that three per cent reservation for differently-abled persons be given in all category of government jobs including in appointments and promotions to IAS while pulling up the Centre for "frustrating" the very purpose of empowering legislation by opposing it.

A bench headed by Chief Justice R M Lodha said the disabled persons have not got their due in the last 19 years after framing of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, which was passed in 1995.

Additional Solicitor General Pinky Anand, appearing for the Centre, contended that reservation cannot be given in case of promotion to Group A and Group B officers category as it is not a case of appointment.

The bench, however, observed that appointment is a broader concept and the Centre is giving a narrow interpretation of it.

"You are frustating the very reservation policy and cause of class for which Parliament passed the law," the bench said.

"For the last 19 years it is not being implemented and the class, for which the legislation was made, had not got benefited as it should have," the bench said.

The court dismissed the petition of Centre challenging order of  Bombay High Court which had directed the Centre and the Union Public Service Commission to implement a 3 per cent quota in direct recruitments and promotions for the disabled in the IAS.


Source : The Economic Times

Merger of ASP cadre in to PS Gr. B cadre : Meeting postponed

Merger of ASP cadre in to PS Gr. B cadre : Meeting postponed.

No. 25-35/2011-PE-I
Government of India
Ministry of Communications & IT
Department of Posts
(PE-I Section)

Dak Bhawan, Sansad Marg,
New Delhi – 110 001
Dated:12th September, 2014

To,
The General Secretary,
All India Association of Inspectors and
Assistant Superintendents, Posts,
CHQ Qtr. No. 12, P & T Colony,
Khurshid Square, Civil Lines, Delhi – 110 054

Subject: Merger of ASP cadre in to PS Gr. B cadre – Proposal regarding.

Sir,

Kindly refer to this office letter of even number dated 28.08.2014, on the subject mentioned above, wherein the Association was requested to attend a meeting with Director (Estt.) on 16th September, 2014 at 11:00 am to come up with a viable proposal for restructuring of IP and ASP cadres. However, this is to inform that due to some unavoidable circumstances the meeting has been postponed. The next date of meeting will be intimated shortly.


Yours faithfully,

Sd/-
(Tarun Mittal)
Assistant Director General (PE-I)
Tele: 011-2303 6239

Pre-2006 Pensioners - Fixation Case : Details by Confederation

PRE-2006 PENSIONERS - FIXATION CASE

1.      After reading our earlier website write up (Sl.2) on the above subject, some readers have sought the details of the case.

2.      The facts of the case briefly stated are as under:

         a)    The VI CPC in para 5.1.47 of their report recommended that the fixation of revised pension as per the table given by them “will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale from which the pensioner had retired”.

         b)    The Government of India in their Resolution No.38/37/08-P&PW(A) dated 29-8-2008 accepted the above proviso by reproducing it per verbatim at item 12 of the statement showing the relevant recommendations and decision of the Government thereon (vide Annexure to the said Resolution).

         c)    In Department of Pension & Pensioners Welfare O.M No.38/37/08 P&PW dated 1-9-2008 same proviso has been incorporated at para 4.2 thereof.


         d)    The Department of Pension & Pensioners Welfare through their clarificatory O.M. No.38/37/08 - P&PW (A) pt. 1 dated 3-10-2008 however modified the para 4.2 of their OM dated 1-9-2008 as under:

                 The pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated (i) at the minimum pay in the pay band (irrespective of the prerevised scale of pay from which the pensioner is retired) plus grade pay corresponding to the prerevised pay scale.”

         e)    In other words in all cases it would be minimum pay of the pay band which would be taken and not the minimum pay in the pay band corresponding to the pre revised pay scale from which the pensioner had retired.

         f)     This clarification was challenged by the Central Government SAG (S-29) Pensioners Association in Principal Bench of the Central Administrative Tribunal (vide O.A. No.655/2010). Hon’ble Tribunal in their order dated 1-11-2011 quashed the above clarificatory order of Department of Pension & Pensioners Welfare dated 3-10-2008 and directed the respondents refix the pension of all pre 2006 retirees with effect from 1-1-2006 based on Government Resolution dates 29-8-2008.

         g)   Government of India challenged the above decision of the said Tribunal before Delhi High Court vide WP (C) No.1535/2012 which was dismissed by the High Court vide their order dated 29-4-2013 upholding the decision of the Tribunal.

                Government of India then filed the following S.L. Ps etc.
                (i)    SLP (C) No.23055/2013 dismissed on 29-7-2013.
                (ii)   Review Petition (C) No.2492/2013 dismissed on 12-11-2013.
                (iii)  Curative Petition (C) No.126/2014 dismissed on 30-4-2014.
                Thus the CAT verdict dated 1-11-2011 attained legal finality.
                On 15-5-2014 the Hon’ble CAT Principal Bench New Delhi disposed of the contempt petition No.158/2012 directing the Union of India to implement the directions of the Tribunal expeditiously, preferably within three months”.

3.      The Department of Pension & Pensioners Welfare in their letter No.38/77-A/09-P&PW(A) dated 29-5-2014 written to the Secretary of Petitioner Associaiton (Central Govt. SAG (S-29) Pensioners Association) has stated that as per the directions of Hon’ble CAT their order dated 1-11-2011 is required to be implemented “only in respect of Petitioners in O.A. No.655/2010 and not in respect of all pre 2006 retirees as per the Tribunals order dated 1-11-2011.
      
          There is no such direction that it should be implemented only in respect of Petitioners. May be that Government Advocate had indicated that Government is willing to implement the judgment qua petitioners but the Tribunal had disposed of the contempt Petition by directing the Union of India to implement their directions dated 1-11-2011 expeditiously.

4.      It will not be out of place to mention here that in response to answer to Lok Sabha unstarred question No.3406 Govt. replied that  the above directions of the CAT Principal Bench had already been implemented in respect of all pre 2006 retirees but from an arbitrarily fixed date of 24-9-2012 (vide Department of Pension & Pensioners Welfare O.M. F.No.38/40/12 P&PW(A) dated 28-1-2013) This order was not restricted only to members of the Petitioners Association. Accordingly the direction to implement it wef 1-1-2006 issued by the CAT has to be implemented in respect of all pre 2006 retirees also.


M. Krishnan
Secretary General
Confederation
Mob: 09447068125
e-mail: mkrishnan6854@gmail.com


Source: http://confederationhq.blogspot.in/2014/09/pre-2006-pensioners-fixation-case.html

Friday, September 12, 2014

Government considering a fine of Rs. 20,000 for smoking in public places

The Central Government is giving serious thoughts about imposing fines ranging from Rs. 200 to Rs. 20,000 for smoking in public places.

The government has decided to impose strict laws to curb the menace of smoking, which causes deadly diseases like cancer and heart attack. The proposal is likely to be presented during the winter sessions of the Parliament. An expert committee, chaired by the former Chief Secretary of Delhi administration, Ramesh Chandra, was formed in this regard. The committee has submitted its report and recommendations to the Ministry of health and sanitation last week.

The recommendations presented by the Committee include –
 
Breaking the cigarette packs and sale of one or two cigarettes should be banned.

The minimum age of smokers must be raised from 18 to 25.

Smoking in public places must be declared as criminal offence and violators must be made to pay penalty of Rs. 200 to Rs. 20,000.

Penalty amount for manufacturers who do not print the statutory warning message on the packets must be raised from Rs. 5000 to Rs. 50,000.

Advertisements of tobacco products must be prohibited at the place of sale.

It was found that nearly 70% of the cigarettes sold at retail outlets are from broken packets. Smokers, instead of buying the entire packet, purchase one or two cigarettes from the shops.

There is a general feeling that the Government must pay similar attention to the alcohol problem too.

Source: Govtenews

Gazette Notification regarding minimum pension of Rs.1000/- pm under EPS,1995

Gazette Notification regarding minimum pension of Rs.1000/- pm under EPS,1995

REGD. NO. D. L.-33004/99
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 429] NEW DELHI, TUESDAY AUGUST 19, 2014/SRAVANA 28, 1936
MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION
New Delhi, the 19th August, 2014.

G.S.R. 593 (E).—In exercise of powers conferred by section 6A, read with Sub-section(1) of Section7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, further to amend the Employees’ Provident Funds Scheme, 1995, namely:-

1.
(1) This Scheme may be called the Employees’ Pension (Second Amendment) Scheme, 2014.

(2) It shall come into force on and from the 1st day of September, 2014.

2. In the Employees’ Pension Scheme, 1995(hereinafter referred to as the principal Scheme), in paragraph 12, after sub-paragraph (7), the following sub-paragraph shall be inserted, namely:-
“(7A) The monthly member’s pension including any relief payable to any existing or future member under this paragraph shall not be less than one thousand rupees for the financial year 2014-15.”.

3. In the principal Scheme in paragraph 15, for the words, brackets and figures “sub-paragraphs (2) to (5) of paragraph 12, as the case may be,”, the word and figures “paragraph 12” shall be substituted.

4. In the principal Scheme, in paragraph 16,-
(a) in sub-paragraph (2), in clause (a), after sub-clause (iv), the following sub-clause shall be inserted, namely:-
“(v) in all the cases, where the monthly widow pension including relief, if any, is less than one thousand rupees per month, the amount of monthly widow pension in such cases shall be enhanced to one thousand rupees per month for the financial year 2014-2015.”;
(b) in sub-paragraph (3), for clause (b), the following clause shall be substituted, namely:-

“(b) Monthly children pension for each child shall be equal to 25 per cent of the amount admissible to the widow of the deceased member as monthly widow pension payable under clause (a) of sub-paragraph (2):
Provided that the minimum monthly children pension including relief, if any, for each child of the deceased member shall not be less than two hundred and fifty rupees per month for the financial year 2014-2015.”;
(c) in sub-paragraph (4), for clause (a), the following clause shall be substituted, namely:-

“(a) if the deceased member is not survived by any widow, but is survived by children falling within the definition of family or if the widow pension is not payable, the children shall be entitled to a monthly orphan pension equal to 75 per cent of the amount of the monthly widow pension as payable under clause (a) of sub-paragraph (2):

Provided that the minimum monthly orphan pension including relief, if any, for each orphan shall not be less than seven hundred and fifty rupees per month for the financial year 2014-15.”.

[F. No. R-15025/3/2007.SS-II/Pt.II]
ARUN KUMAR SINHA,Addl. Secy.

Foot Note.- The Employees’ Pension Scheme, 1995 was published in the Gazette of India vide notification number G.S.R. 748(E), dated the 16th November, 1995 and was lastly amended vide notification number G.S.R. 80(E), dated the 14th February, 2013.

Source: http://www.labour.nic.in/upload/uploadfiles/files/latest_update/what_new/5400645038fa3MinimumPensionofRs.1000.pdf

Demand for one-rank one-pension to be considered: Rajnath Singh

Demand for one-rank one-pension to be considered: Rajnath Singh

BHUJ: The demand for granting one-rank one-pension to paramilitary personnel would be considered, Home Minister Rajnath Singh said today.

The Home Minister’s assurance came during an interaction with jawans of Border Security Force during a visit to the frontier district of Kutch along the India-Pakistan border.

Singh also inaugurated the integration of a Gujarat government project – Bhaskaracharya Institute for Space Applications and Geo informatics (BISAG) – with the BSF.

The Home Minister was briefed about the details and utility of BISAG and need for dedicated, encrypted channel for paramilitary forces.

Singh also addressed some BSF jawans live through BISAG and interacted with them. Some of the jawans telephonically made requests regarding increase of air courier services in the Northeastern region and Jammu and Kashmir and regarding time-bound promotions.

Yesterday, the Home Minister visited BSF Mooring place (Satish) Koteshwar where he was briefed about issues concerning border areas, creek and coastal security.

Source: http://economictimes.indiatimes.com

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