Wednesday, August 20, 2014
Posted by M Krishnan, General Secretary at 2:44 PM
A note for campaign against the retrograde move of the Govt. for anti worker amendment of labour laws
GRANT OF MACP ON PROMOTIONAL HIERARCHY: CAT GUWAHATI DIRECTS UNION OF INDIA TO GRANT MACP ON PROMOTIONAL HIERARCHY TO ASSISTANT ENGINEERS OF CPWD. THE CASE WAS FILED BY SHRI NARAYAN KALITA AND 26 ASSISTANT ENGINEERS VIDE OA NO. 040/000052 OF 2014.
By citing the judgments delivered by the Principle CAT, Delhi & High Court Chandigarh on the subject the Hon’ble judges have observed that “ In our considered view the aforesaid judgement rendered by the Chandigarh Bench as upheld by the Hon’ble High Court of Punjab and Haryana as well as judgement passed by the CAT, Principle Bench. In view of the above the present OA is allowed. Respondents are directed to grant scale of pay (PB-3) of Rs. 15,600-39,100+ Grade Pay of Rs. 6600/ attached to the said promotional posts of Executive Engineer from due date to the applicants.
The aforesaid directions shall be complied with within a period of three months from the date of receipt of a copy of this order, subject to the other conditions mentioned in the MACP Scheme.”
Cabinet Secretary Ajit Seth has asked Secretaries of all central departments to intensify the crackdown on government employees who are found to be “habitually late” in reaching office. Seth, in his July 31 missive, has specifically cited concerns expressed by Prime Minister Narendra Modi in this regard. Stating that the onus lies on the Secretaries to make the staff more work-oriented, the letter says that Modi has taken cognizance of some official reports which say that there has been no visible improvement in the ambience of the workplaces while “some officials have been habitually coming late” to work.“In some departments, the ministers have noticed the laxity in this regard. The PM has expressed concern over these reports,” says the letter. The government is waiting for the success of its drive to make its employees punctual, which can happen on “continued perseverance by every employee,” it says. Cautioning the Secretaries against any “slippages” in this regard, Seth has asked them to review the situation on a sustained basis. At a meeting with the Secretaries in June also, Seth had emphasised the need to ensure punctuality and attendance. Two Secretary level officers told The Indian Express that a Joint Secretary level officer has been informally deputed in each ministry to keep a check on attendance. Though the letter does not spell out the punitive action in case of continued poor attendance, it is learnt that the defaulters may have to take compulsory leave.
Tuesday, August 19, 2014
Monday, August 18, 2014
Sunday, August 17, 2014
Ref: Circular No. 18 Dated – 17.08.2014
All CHQ office Bearers
All Affiliated organizations
All State C-O-Cs
CONFEDERATION DECLARES NATIONWIDE AGITATIONAL PROGRAMMES
The National Sectt. of the Confederaton met at New Delhi on 11.08.2014 to consider the follow up action required in the matter of some of the pressing issues on which Confederation had organized series of agitational programmes prior to the commencement of the Election process of the 16th Lok Sabha. The CHQ has received reports from various affiliaties to the effect that they have all endorsed the common memorandum, the Confederation had submitted to the 7th CPC. Most of the affiliates have emailed copies of the respective memorandum to the CHQ. Those who have not sent copies are requested to do so without further loss of time. This will enable the Confederation to write to the 7th CPC to provide an opportunity to these organisations to tender oral evidence to explain and elucidate their submissions in the memorandum.
The meeting noted that there has been only negative response from the Government on the issues of Interim Relief and merger of DA. We have already sent to you a copy of our letter addressed to the Seretary, Staff Side, JCM National Council, (Com. Shivgopal Mishra) which is yet to be responded. The meeting considered the following issues as important, the pursuance of which must not brook any delay, especially in the background that the 7th CPC has formally written to the Government asking it to indicate the course of action required to be taken on the memorandum of the staff side on Interim Relief and marger of DA.
CHARTER OF DEMANDS
1. Merger of DA with pay for all employees with effect from 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 Gramind Dak sevaks under the purview of 7th Central pay Commission.
4. Scrap PFRDA Act and grant of statutory pension to all.
5. Date of effect of 7th CPC recommendations should be 01.01.2014.
6. Regularisation and revision of wages of casual laboures and contract workers.
7. Removal of 5% condition for compassionate appointments.
8. Fill up al vacant posts and creation of new posts wherever justified.
9. Stop downsizing, outsourcing, contractorisation and privatisation of Government functions.
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.
The meeting also considered the policy perception of the new Government in the light of the administrative price hike in petroleum products, the proposals in the Railway and General Budget, the steep hike in the freight and passenger fares of Railways, the decision to hike FDI in Defence Production, Railway Infrastructure and Insurance sectors, disinvestment of public sector including nationalized banks and have come to the inescapable conclusion that under Narendra Modi dispensation, the neo-liberal policies, as expected, will only be intensified and the promised “Achche Din” is for the Corporate giants of the country. The last session of the Parliament witnessed the determination of the NDA Government in changing the labour laws on the lines of the enactment made by Rajasthan Government of Vasundhara Raje Scindhia by virtue of which in almost 90% of the manufacturing units in India, the employers are permitted to indulge in hire and fire policy, for the existing regulations will be dispensed with.
The meeting came to the decision that the confederation must organise serious and prolonged campaign, preferably in unison with the Railway and Defence Federations. We will pursue our consultation with those Federations to reach a common approach in the matter. Since it might take some more time, the meeting decided to pursue the demands through a demonstrative programme.
11th September 2014 - Submission of the Charter of Demands along with a brief Note to all heads of offices by arranging demonstration in front of all offices; the branch level/district/divisional/state level leaders will explain the demands especially the memorandums on interim relief, DA merger and GDS issues.
19th September 2014 - Dharna between 10 AM to 3 PM at all important state/districts/divisional centres.
25th September 2014 - Dharna between 10 AM to 3 PM at New Delhi with participation of the leaders of all affiliates and the members working in the city of Delhi (at a central place-to be decided by the Confederation Delhi State committee).
Confederation office Bearers will meet again at Delhi on 26.09.2014, 5 PM to decide further course of action. Confederation will bring out pamphlets and bulletins to explain various issues like minimum wage, DA, Bonus, GDS problems etc. shortly as part of an education campaign. The detailed campaign programe to be undertaken after Diwali festival will be intimated later.
Posted by M Krishnan, General Secretary at 6:14 PM
LET US FIGHT FOR JUSTICE FOR ALL PRE-2006 PENSIONERS
The New NDA Government has taken a decision to implement the judgment on the contempt of court petition on the Pre-2006 Pensioners case only to the members of the petitioner pensioner organisations. It was intimated by the Government side during the hearing on 4th July, 2014 in Principal CAT that it will implement the decision to the petitioners. Subsequently a letter has been addressed by the Government to those petitioner organisations asking the details of the members to enable the Government to implement the judgment to them only. This shows the mindset of the Government that it do not want to extend the benefit of judgment to all pre-2006 pensioners. This is a grave injustice to the pre-2006 pensioners' community which is more than 38 lakhs in numbers.
At the same time the Government has filed another petition on the same issue in the Supreme Court against the judgment of another court and that hearing is coming up on 16th September, 2014.
BCPC has written to the Honourable Minister of State of Ministry of Personnel & P.G & Pensions of Central Government on this matter and has demanded that all pre-2006 pensioners should get the benefit. The letter of BCPC is produced below:
BHARAT CENTRAL PENSIONERS CONFEDERATION
2-13A, LGF (Backside), Jangpura – A, New Delhi – 110014
S.C. Maheshwari S.K.Vyas
Chairman Acting Secretary General
No.BCPC/Pen/Modified Parity/2014 July 21 , 2014
Dr. Jitendra Singh,
Hon'ble MOS (PP)
Government of India,
Ministry of Personnel & P.G & Pensions,
Sub:- Implementation of order of Tribunal in regard to modified Parity.
We would like to bring to your notice the bureaucratic distortion of orders of judiciary which if not corrected through your kind and personal intervention is bound to frustrate the entire community of pre 2006 retirees numbering more than 38.41 lakhs and force them to think that change in Government has been in vain as because the bureaucrats are even now being have been allowed to misinterpret judicial orders forcing affected pensioners to go to courts and thus multiply litigations in the country. While submitting the details of this case we also request you kindly to give us an opportunity to meet you to explain our request.
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 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) 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 prerevised pay scale.
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). This 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 dated 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.
h). 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 Association (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 there that response to answer to Lok Sabha unstarred question No. 3406, 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. It was not restricted to members of the Petitioners Association Accordingly the direction to implement it w.e.f 1.1.2006 has to be in respect of all pre 2006 retirees also.
5. Bharat Central Pensioners Confederation which is the apex body of all Central Government Pensioners Federations and All India Associations therefore appeal to you to ensure the correct delivery of justice by implementing the above judgment of the Hon'ble Tribunal (which had attained finality) in respect of all pre 2006 retirees so that they are not pushed to seek justice though multiple litigations.