MACP “very good” benchmark – date of effect – Delhi High Court office order

SIGTUR INTERNATIONAL CONGRESS – ARGENTINA

Com. M. Krishnan, Secretary General, Confederation attending

International Conference (Congress) of SIGTUR (Southern Initiative on Globalisation and Trade Union Rights) an organisation unifying various organisations in different countries fighting against neo-liberal globalization policies and for trade union rights, is being held at Buenos Aires, the Capital City of Argentina from 2018 April 4^th to 6^th.

Com. M. Krishnan, Secretary General, Confederation of Central Government Employees & Workers, is attending the congress as a part of three member delegation from India.

Dearness Allowance to the employees of Central Government & Central Autonomous Bodies drawing pay as per 6th CPC w.e.f 01.01.2018 (Click the link below to view)

https://doe.gov.in/sites/default/files/DA%206th%20CPC%20eng_0.pdf

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Dearness Allowance to the employees of Central Government & Central Autonomous Bodies drawing pay as per 5th CPC - Revised Rates effective from 01.01.2018     (Click the link below to view)

https://doe.gov.in/sites/default/files/DA%205th%20CPC%20eng_0.pdf

PIB NEWS ON GRATUITY CEILING INCREASE UP TO RS. 20 LAKH

Ministry of Labour & Employment

Payment of Gratuity (Amendment) Bill, 2018 passed by Parliament

            The Payment of Gratuity (Amendment) Bill, 2018 has been passed by parliament today. The bill ensures harmony amongst employees in the private sector and Public Sector Undertakings/Autonomous Organizations under Government who are not covered under CCS (Pension) Rules. These employees will be entitled to receive higher amount of gratuity at par with their counterparts in Government sector. The bill was passed by the Rajya Sabha today and the Lok Sabha on 15 March, 2018.

The Payment of Gratuity Act, 1972 applies to establishments employing 10 or more persons. The main purpose for enacting this Act is to provide social security to workman after retirement, whether retirement is a result of superannuation, or physical disablement or impairment of vital part of the body. Therefore, the Payment of Gratuity Act, 1972 is an important social security legislation to wage earning population in industries, factories and establishments.

            The present upper ceiling on gratuity amount under the Act is Rs. 10 Lakh. The provisions for Central Government employees under Central Civil Services (Pension) Rules, 1972 with regard to gratuity are also similar. Before implementation of 7th Central Pay Commission, the ceiling under CCS (Pension) Rules, 1972 was Rs. 10 Lakh. However, with implementation of 7th Central Pay Commission, in case of Government servants, the ceiling has been raised to Rs. 20 Lakhs.

            Therefore, considering the inflation and wage increase even in case of employees engaged in private sector, this Government decided that the entitlement of gratuity should also be revised in respect of employees who are covered under the Payment of Gratuity Act, 1972. Accordingly, the Government initiated the process for amendment to Payment of Gratuity Act, 1972 to increase the maximum limit of gratuity to such amount as may be notified by the Central Government from time to time.

            In addition, the Bill also envisages to amend the provisions relating to calculation of continuous service for the purpose of gratuity in case of female employees who are on maternity leave from ‘twelve weeks’ to such period as may be notified by the Central Government from time to time.

            After enactment of the Act, the power to notify the ceiling of the amount of gratuity under the Payment of Gratuity Act, 1972 shall stand delegated to the Central Government so that the limit can be revised from time to time keeping in view the increase in wage and inflation and future pay commissions.

Source: PIB

MAJOR CHANGES IN NPS – RELAXATION NORMS

Relaxation of Norms for NPS

            The Government of India has recently made three changes in the National Pension Scheme (NPS) including withdrawal norms. The details are as under:

            Partial withdrawal during the service: The Pension Fund Regulatory and Development Authority (PFRDA), with an objective to meet the subscriber’s sudden financial requirement enrolled under NPS, has liberalized norms for partial withdrawals which also include reduction of requirement of minimum years of being enrolled under NPS from 10 years to 3 years from the date of joining. Suitable amendments were made through “Pension Fund Regulatory and Development Authority (Exits and Withdrawals under the National Pension System) (First Amendment) Regulations, 2017 and the same has been notified on 10.08.2017.

            Increase in the joining age under NPS: With an objective to allow individuals (under NPS-All Citizen Model and Corporate Sector Model) who are in the age bracket between 60 years and 65 years to join NPS system. Suitable amendments were made through “Pension Fund Regulatory and Development Authority (Exits and Withdrawals under the National Pension System) (Second Amendment) Regulations, 2017 and the same has been notified on 06.10.2017.

Exit in case of disability and incapacitation of the subscriber: With an objective of facilitating easy exit & withdrawal in case of disability and incapacitation of the subscriber covered under NPS, PFRDA has made suitable amendments through “Pension Fund Regulatory and Development Authority (Exits and Withdrawals under the National Pension System) (Third Amendment) Regulations, 2018 and the same has been notified on 02.02.2018.

            This was stated by Shri Ship Pratap Shukla, Minister of State for Finance in a written reply to a question in Lok Sabha today.

Source: PIB

AADHAAR IS NOT COMPULSORY TO GET PENSION

Dr. Jitendra Singh chairs 30th meeting of Standing Committee of Voluntary Agencies

Adhaar is not mandatory to get pension: Dr Jitendra Singh

            The Union Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr. Jitendra Singh chaired the 30th meeting of the Standing Committee of Voluntary Agencies (SCOVA) here today. The SCOVA meeting is organised by the Department of Pensions & Pensioners’ Welfare (DoP&PW), Ministry of Personnel, Public Grievances & Pensions and the last such meeting was held on January 12, 2017.

            During the meeting, Dr. Jitendra Singh said that the SCOVA which was first constituted in July, 1986 would be completing 32 years this year. He said this platform has gone a long way in addressing in a focused manner issues related to Pensioners. He said that today’s interaction was very meaningful and stimulating, thus reflecting on the working of DoP&PW. The Minister while assuring the representatives of pensioners’ Associations said that it was no more mandatory to have one’s Adhaar Card to get his/her pension.

            The Minister said that the Department of Pensions has brought out a series of OMs to benefit the Pensioners/Family Pensioners in the last 12 months including enhancing of minimum pension from Rs.3500/- to Rs.9000/- per month; the ceiling of gratuity has been increased from the existing Rs.10 lakhs to Rs.20 lakhs; the rates of ex-gratia lump sum compensation being paid to the families of employees who die in performance of duty has been increased from existing Rs. 10-15 lakhs to Rs.25-45 lakhs. He also said that divorced daughter will be eligible for family pension if divorce case has been filed before the death of pensioner/family pensioner, even though the judgment has been passed after the death of the pensioner /family pensioner.

            Dr. Jitendra Singh said that this Government has given relief to the senior citizens and Pensioners in the Budget 2018-19 by allowing Standard Deduction of Rs. 40,000/- per year to the Pensioners and given exemption on tax on account of interest income from bank savings accounts has been increased to Rs. 50,000/ from Rs. 10,000/- per year. Deduction on account of health insurance premium which was earlier allowed at maximum of Rs.30,000/- has now been increased to Rs. 50,000/- in the case of Senior Citizens/Pensioners.

            While addressing the meeting he said that we need to put in place an institutionalized mechanism to make good use of the knowledge, experience and efforts of the retired employees which can help in the value addition to the current scenario. Dr. Jitendra Singh said the retired employees are a healthy and productive workforce for India and we need to streamline and channelize their energies in a productive direction. We should learn from the pensioners’ experience, he added. The Minister also said that the DoP&PW should be reoriented in such a way that pensioners become a part of nation building process.

            In the meeting, discussions were held on the action taken report of the 29th SCOVA meeting. Further many issues related to pensioners were discussed threadbare, such as revision of PPOs of pre-2006 pensioners, Health Insurance Scheme for pensioners including those residing in non-CGHS area, Special “Higher” Family Pension for widows of the war disabled invalidated out of service, Extension of CGHS facilities to P&T pensioners, issue relating to CGHS Wellness Centre, Dehradun etc. The Minister directed for the prompt and time bound redressal of the grievances of the pensioners and said that we should have sympathetic attitude towards them.

            The Secretary, DoP&PW, Shri K.V. Eapen and other senior officers of the department were also present on the occasion. The meeting was also attended by the member Pensioners Associations and senior officers of the important Ministries/Departments of Government of India.

Source: PIB

GRANT OF DEARNESS ALLOWANCE TO CENTRAL GOVERNMENT EMPLOYEES - REVISED RATES EFFECTIVE FROM 1.1.2018 (DOP Orders) (Click the link below to view)

http://utilities.cept.gov.in/dop/pdfbind.ashx?id=2744

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PROMOTION TO THE GRADE OF DIRECTOR GENERAL POSTAL SERVICES IN THE DEPARTMENT OF POSTS.(Click the link below to view)  http://utilities.cept.gov.in/dop/pdfbind.ashx?id=2752

ALL INDIA POSTAL EMPLOYEES UNION GROUP ‘C’

CHQ: Dada Ghosh Bhawan, 2151/1, New Patel Road, New Delhi - 110008

Ref: P/4-4/Demands                                                                                      Dated – 25.03.2018

To,

Shri. A. N. Nanda,

Secretary

Department of Posts,

Dak Bhawan New Delhi – 110001

Sir,

Sub: -  Undue and arbitrary delay in considering the staff problems pertaining to Group ‘C’

Ref:      This Union letter of even no dated 5.3.2018.

Apropos reference we are constrained to note that many of our sectional demands have not been settled years together despite the fact that they are being insisted and contented every time for the settlement. This has caused resentment and annoyance amidst the employees. This Union has consolidated all the pending issues and attached herewith for your kind and immediate intervention.

These issues will also be the part of our charter demands in the agitational programme and needs immediate dialogue and settlement.

It is requested to intervene and settle the problems contained in the Charters and also in the annexure to this letter and ensure industrial peace and tranquility.

May I seek your response Sir,

With profound regards,

DA: as above

Yours sincerely,

(R. N. Parashar)

General Secretary

CHARTER OF DEMANDS

           1.      (a) Fill up all vacant posts of PA Cadre

                 (b) Fill up all vacant posts of HSG-I, HSG-II before implementation of cadre restructuring after giving one time relaxation in recruitment rules.

2.      Implement CSI after RICT and after developing proper infrastructure.

3.  Stop harassment and victimization under contributory negligence factor, trade union victimization, in the name of implementation of new schemes and to achieve unscientific targets.

4.      Stop outsourcing, privatization and contractorization.

5.      Declare result of membership verification.

PROGRAMME OF ACTION

1.      Lunch hour demonstration on 12^th & 13^th March 2018.

2.      Black Badge wearing on 20^th & 21^st March 2018 containing demands.

3.      Mass Dharna in front of all Chief PMGs offices on 25^th April 2018.

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4.      Indefinite Strike – Date will be announced later with consultation to NFPE

20 POINTS CHARTER OF DEMANDS

1.      Grant of higher pay at entry level to Postal Assistants to the Pay level of 6 as per 7^th CPC

(Rs.4200 GP) and subsequent higher levels to LSG, HSG II, HSG I & NFG. (Due to two contradictory recommendations made to 7^th CPC by the Dept, this demand has not been considered by the 7^th CPC. Further, when the educational qualification has been revised as Graduation in the RR 2017, the minimum pay has to be revised as eligible to the educational standard i.e, Level 5 or 6.

2.      Immediate settlement of residual problems arisen due to implementation of cadre review. (The LSG shall be divisionalised and the promotions to HSG II & HSG I can be accorded based on the PA Gradation list at circle level. At present, the IPs are promoted to Group B without linking to the seniority of ASPOs. It will alone minimise the dislocation and filling up of vacancies in the PA cadre. One time relaxation to fill up the HSG II & HSG I posts must be obtained and all the posts shall be filled up forthwith. Similarly the minimum required service to HSG II & HSG I shall be restored to old status quo ante position. Ie. 3 years.

3.      Stop implementation of CSI Roll out and Rural ICT. The following must be ensured before the implementation of the same.

i.           Implement the remaining projects after full testing in the testing environment successfully and problems faced are redressed. Adequate peripherals required for CSI shall be ensured first. The CSI software should be modified as a user friendly and should not be a cumbersome creating tension to the staff at workplace.

ii.         Stop all the pending implementation of the projects forthwith and take confidence of the service unions /staff before implementation.

iii.       Network connectivity should be improvised depending on the status of the office. Both the NSP I & II must be ensured working.

iv.        All the officials especially the women staff should not be detain in the office beyond working hours in the name of system failure, network failure etc., for completing day to day work.

4.      Fixing of unrealised targets and put the staff under pressure mental stress. Threatening the staff at field level must be stopped forthwith. Compelling the officials to open split accounts which is against to the Dte. order must be arrested.

5.      Posting of additional hand to all the single handed offices. The present software is having doer and checker provisions which cannot be managed by a single staff at the same time. All single handed offices should be provided with one hand immediately.

6.      Enhancement of quota for appearing Group B examination by General line officials. The Department unilaterally revised the Group B Recruitment Rules in which all the postal cadres can appear for the 6% vacancies which was earlier the exclusive privilege of the Postal Assistant and LSG. They have not increased the percentage which was assured at the time of introducing direct recruitment to the IP cadre to the extent of 33%.

7.      Irregular commutation of LR strength. It is observed that LR strength of all categories is being calculated on the ratio of 10% of the operative staff and this is being confirmed during the negotiations held with the Staff Side during the strike charter demands. Whereas while referring the P&T Manual Volume IV under Chapter I general rule 18-1, the following ratio has been fixed for commutation of leave reserve in the P&T Department. Administrative offices 14%.As per Rules 249 in Chapter 8 envisages the percentage of leave reserve in post offices to be maintained as 17% and in RMS 20%.

8.      Compelling local trainees to stay in hostels in PTCs – regarding -Postal Training Centre, is
compelling the officials deputed for training from the local and neighbouring divisions to stay in the hostel during the training period. There is no need to compel the local trainees to stay in hostels and they can be allowed to attend the training classes from their residences and it will reduce the TA expenditure to the department also. The women employees who are local residents are facing untold hardships due to this insistence.

9.      Imposing unjustified conditions for appearing IP Examination for the departmental quota vacancies. The following conditions were put forth by the Department vide letter no. A 34012/7/2012-DE dated 07.06.2012 for appearing in the IP examination which are detrimental and also against to the existing provisions in appearing Departmental examinations.

(i)      No disciplinary action is pending or contemplated against the applicant.

(ii)    No punishment is current against the applicant.

(iii)  No adverse entry in the APAR/ACR in the last two years.

Based on the above, the applications submitted by many officials have not been entertained this time, merely for contemplation of Disciplinary proceedings. No promotions can be withheld in such cases. As such denial of appearing promotional examination is highly deplorable and will tantamount to the denial of Fundamental rights to this officials. Even the procedure of sealed cover is available for promotion. The new clause of adverse entry for last two years is nowhere in the earlier rules and it is against to the interest of the officials.

10.  Grant of special allowance to the System administrator to the extent of Rs.2000 Pm . Their work is more ardent and tension in nature. It was agreed in 2008 to grant special allowance to these officials where as we demanded for creation of separate cadre at that time.

11.  Cadre review of Postmaster cadre – We are demanding to merge both the general and Postmasters cadre in single line and the existing Postmasters Grade I shall be placed to HSG II. Grade II to HSG I & Grade III to NFG and accordingly the number of posts in supervisory cadre may be enhanced. Similarly the post of Senior Postmaster shall be filled up with the Postmaster Grade III officials without any delay.

12.  Grant of Officiating Pay with all consequential benefits for staff officiated in higher vacancies: If an official possessing five years’ service and officiated in LSG Posts he must be granted higher pay; similarly the LSG officials officiating in HSG II & HSG I posts. Clear orders may be released by the Directorate.

13.  Ensuring the standard of residential accommodation to the SPMs provided with attached Quarters. Many post attached quarters provided to the SPMs are either sub standard or lack many basic amenities. The schedule of accommodation as prescribed by the Department has not been observed while fixing PO building particularly for the post attached quarters. In rural areas, the total rent payable to the landlord for the whole building housing the post office and Quarters does not exceed even to Rs.800/- per month. It is not uncommon to see that a token amount of Rs.50/- likewise is being charged for the post office and in all such cases, the Postmasters are compelled to stay in the accommodation which is unfit for inhabitation and also far below to the standards. There are many post attached quarters lacking the basic amenities of lavatories.  If the Department could not provide adequate accommodation for the Quarters as prescribed in the SOA, and arrange basic amenities, it should provide option to the SPMs to secure his own accommodation and in such cases the due HRA may be paid to him. The policy of providing post attached accommodation requires reconsideration after the services of Telegraph has totally with drawn from Post offices.

14.  Maintenance of APAR in case of Postman and Group ‘D’ by LSG SPM – regarding - There is no clarity on the subject that who will maintain APAR in respect of LSG and above offices and the old practice existed prior to 1990s is being imposed.

15.  Stepping up of pay in case of postman and Group ‘D’ officials – The stepping up has been denied by stating that the seniority should be determined within the sub division where the official is working. This defeats the purpose of maintaining the gradation list at Divisional level in such cadres. Since the recruitment of postman and Group 'D' is being made at Divisional level and the seniority is also being determined based on the selection list of the entire division, the stepping up of the pay should be granted as per the divisional gradation list and not as per the sub divisional gradation list.

16.  Budgetary allotment for Computer Advance.

After the total computerization of the P.O. and its functioning, the officials who desire to purchase computers for their own should be encouraged which will motivate them further in the computer operations. There is a resentment prevailing amidst the officials due to poor allotment of funds under this head.

17.  Stop harassing staff on contributory factors for simple and flimsy reasons by misusing the provision of ‘unbecoming of Government Servant’ deviating the ruling contained in Volume III, FHB etc. The Directorate guidelines issued vide letter No. 6/8/59-Disc dt. 9.7.1959, 25/49/60-Disc dt.30.11.60 and 15-9/74-1NV dt. 10.2.75, and subsequent orders are being violated and the officials being preceded under contributory negligence factor for flimsy reasons and awarded with huge recoveries. The provisions contained in Rule,106,107, 108 & 111 of Postal Volume III and the provision of honest errors can be condoned contained in Rule 204 A (1) vol II and the provision of Rule 58, Appendix 4 of F.H.B. volume I in dealing of recovery have been totally ignored and side lined. The main intention of the Government while deciding the degree of an officer’s pecuniary liability, it will be necessary to look not only to the circumstances of the case but also to the financial circumstances of the officer, since it should be recognized that the tendency should not be such as to impair his future efficiency. This union urges for proper guidelines in the matter of contributory negligence to protect the officials being harassed.

18.  Grant of Flexi Working hours – Case of bigger Cities - In most of the metro cities, the traffic jam on roads is the common feature and regular occurrence and some officials are being forced to attend office late by 0.30 minutes due to unavoidable circumstances. After the introduction of biometric attendance, the officials are forced to produce leave in such cases and in particular the women employees are the worst sufferers. If the Flexi working hours as if introduced in Mumbai is considered for other major cities, the officials can be ordered to remain in the office at the equivalent time they came in late in unavoidable circumstances, it will be very much helpful to the officials working in major metro cities/towns

19.  MACP Anomalies – Injustice to promotees under MACP scheme – request implementation of CAT Jodhpur judgment and the judgment of Supreme Court in favour of Sivakumar, Chennai North Dn. Tamilnadu circle - The Central Administrative Tribunal, Jodhpur vide its judgment in the cases filed under OA No. 382/2011, OA 353/2011 & OA 354/2011 held that the previous career advancements cannot be called as promotions for the consideration of MACP and it should be started a new innings from the PA promotion for counting the stagnation. The CAT sets aside the impugned cancellation of MACP orders against the applicants and directed to repay the amount with due GPF rate of interest. The Supreme Court has held in case of Sivakumar to accord third MACP even though he is a promote. Similar orders may be extended to all.

20.  Undue trade union facilities extended to Supervisors & BPEF Unions;  Please refer this union letter in which we have explained all the ruling positions and the decisions taken earlier at the Directorate. The undue patronage shall be withdrawn forthwith.