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Sunday, 19 April 2015

Personal hearing with 7CPC by National Council JCM and INDWF

Personal hearing with VII CPC by National Council JCM and INDWF


Oral evidence submitted by National Council(JCM) Standing committee and the VII CPC on 23.03.2015, 24.03.2015 and on 31.03.2015 respectively.

The JCM(NC), JCM Constitutents including INDWF jointly prepared the memorandum on pay Structure, Pay determination, Allowances, leave, women issues, LTC, TA/DA and Retirement benefits etc., on 30.06.2014. Similarly, on behalf of INDWF, we have submitted matters relating to Defence Civilian Employees on service matters on 28.07.2014.

Defence Federations were invited from 30th to 31st march, 2015. INDWF met the VII CPC on 31.03.2015 in the VII CPC office, New Delhi from 1030 HRs to 1200 HRs.

Proposed new pay scales after removal of existing Grade Pay Rs.1900, Rs.2400, Rs.4600 and Rs.8700 in order to reduction of pay scales from 19 to 14.

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Remove legal unfairness, demand ex-servicemen

 Remove legal unfairness, demand ex-servicemen: Article by Moneylife.in

Ex-servicemen demand right to appeal to High Courts as fundamental right exercised by other citizens, against an order of SC making Armed Forces Tribunal the first and last forum for them

The Indian Ex-Servicemen Movement (IESM), which is Federation of Military Veterans' Movement, has requested Prime Minister Narendra Modi to abrogate Sections 30 and 31 of the Armed Forces Tribunal (AFT) Act. Abrogation of these sections will help challenge orders of the AFT on the lines of the Central Administrative Tribunal (CAT) and make justice accessible and practical for defence personnel, ex-servicemen, widows and their families, IESM said.

The letter sent by IESM refers to a decision on 11 March 2015 by the Supreme Court, which effectively ensures that the AFT becomes the first and the last forum for litigants, including defence personnel, veterans and their families.

In a letter, IESM, said, "The judgement was passed on an appeal filed by the Ministry of Defence (MoD) and perhaps also the Army Head Quarter (HQ) during the time of the last Government. We also have reasonable information to believe that one of the grounds raised by the MoD/Army in the appeal for denying the right of judicial remedy like other citizens of India, was that Fundamental Rights can be restricted/abrogated under Article 33 of the Constitution for defence personnel and hence a judicial remedy under writ jurisdiction of High Court would not be available."

"If it is true that this argument was raised by the MoD/Army, then it is the most unfortunate that the system itself is pleading for placing defence personnel on a lower pedestal than other citizens and pleading before the SC that the military community does not deserve the enjoyment of fundamental rights like others. It is a well known fact that Article 33 only operates during performance of duties to maintain discipline and has no connection with right to access of justice," the letter says.

It is also well known that the majority of cases in the AFT pertain to retired personnel, military widows and their families and hence Article 33 even otherwise has no applicability. This is also against the spirit of Article 39A of the Constitution, which underlines equal justice for all citizens, IESM said.

According to the letter, there was an attempt to convince military community that the decision will lead to ‘quicker’ justice to defence personnel. However, it says, on closer and deeper examination of the issue, the following real facts and fallouts emerge:
  •     There is actually no right of appeal to the Supreme Court from AFT orders as per the AFT Act since an appeal only lies in exceptional cases involving ‘point of law of general public importance’ vide Section 31 of AFT Act. Hence what has been pleaded before the SC is that AFT should become the court of first instance as well as the court of last instance, leaving defence personnel, veterans and widows remediless since it is well known that 99.9% of cases can never involve ‘public importance’ questions. The decision will not lead to ‘quicker’ justice but in reality remove all chances and channels of challenge/appeal against AFT decisions. Can this bogey of ‘quicker’ justice be raised at the price of fundamental rights of accessible justice and remedy to citizens?
  • It is well known that almost all such litigants cannot afford litigation in SC due to its prohibitive cost and the aura itself of being the highest court of the country. It is not understood how the defence ministry expects poor litigants including disabled soldiers and widows from all over the country to travel to Delhi and engage lawyers in SC to fight their cases. Most of the cases in the AFT involve issues such as disability benefits, pension, minor allowances, pay fixation, ACRs etc and litigants would now be expected to suffer in silence if they feel that they have not got justice from AFT.
  • Defence personnel, veterans, widows and families have been deprived of their basic right of access to justice due to the plea raised by the MoD/Army wherein while all citizens of the country would have access to multiple tiers of justice, not even one tier would be available to us. Even civil government employees aggrieved by orders of Central Administrative Tribunal (CAT) can approach the HC if they are dissatisfied and then further the SC, whereas similar access has been denied to us and after an order of the AFT even the SC cannot be approached as a matter of vested right unless there is involvement of a point of general public importance.
  • We hereby express our dismay on the attempt of the official system to convey to the SC that fundamental rights of the military community should be restricted or abrogated. We are disappointed that the system itself by raising the plea of Article 33 is attempting to prove that defence personnel, ex-servicemen and their families are lower than the ordinary person on the street. This will have disastrous consequences in the years to come. If the MoD/Army makes such averments pleading for taking away the fundamental rights of their own members and former members and their families, then it is extremely unfortunate.
  •     It is well known that the AFT functions under the control of the MoD and even Members of AFT are appointed by the MoD and selected by a selection committee, which has the Defence Secretary as its member. AFT has also not been given civil contempt powers to ensure compliance of its orders. In other words, an ineffectual body has been created which functions under the MoD and then now on the plea of the MoD it has been assured that there is no effective appeal making it an all supreme body.
Maj Gen Satbir Singh (Retd), Chairman of IESM says, "We express dissatisfaction at the stand and damaging stance of the MoD and the Army in the said case, which has led to such a situation. We request the PM to kindly abrogate Sections 30 and 31 of the AFT Act so that AFT orders can be challenged on the lines of the CAT thereby making justice accessible and practical for defence personnel, ex-servicemen, widows and their families.

Tamil Nadu-based Welfare Service of Ex-Servicemen/Families and Others, also supported the demand made by IESM. "We fully support the ex-servicemen associations from Punjab and Chandigarh. We request you to kindly initiate steps to abrogate and repeal Sections 30 and 31 of the AFT Act in order to make justice accessible to defence personnel on the lines of CAT so that aggrieved parties are able to approach the High Courts, which are independent court unlike the Tribunals, which operate under the control of Ministry of Defence and which do not inspire the confidence of litigants, " the letter sent by the association to PM Modi says.

Read at Moneylife

Cadre Restructuring of CSSS – Cadre Restructuring Committee submitted its report with recommendations and duties of CSSS personnel

Cadre Restructuring of CSSS – Cadre Restructuring Committee submitted its report with recommendations and duties of CSSS personnel

Cadre Review of Central Secretariat Stenographers’ Service (CSSS) – regarding.

G.I., Dpet. of Per. & Trg., Circular No.151/2014-CS.II(C), dated 16.4.2015

Subject: Cadre Review of Central Secretariat Stenographers’ Service (CSSS) – regarding.

3rd Cadre Restructuring Committee (CRC) consituted to review the service conditions of the CSSS personnel has submitted its report. The report of the Committee along with its major recommendations and duties of CSSS personnel are attached herewith for information.

2. Accordingly, all stakeholder viz., Ministries/Departments, Service Associations and individual officers may submit their comments on the report latest by 15th May, 2015. The comments may also be furnished via e-mail at kameshwar.mishra@nic.in
(Kameshwar Mishra)
Under Sercretary to the Govt. of India
Authority: www.persmin.gov.in

National Holiday Allowance – revision of rate – urged.

National Holiday Allowance – revision of rate – urged.

National Federation of Indian Railwaymen
Affiliated to :
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)
No.1/5(g)/Pt. V
Dated: 13/04/2015
The Chairman,
Seventh Central Pay Commission,
Chatrapati Shivaji Bhawan,
1st Floor, B-14/A, Qutab Institutional Area,
New Delhi 110016
Dear Sir,

Sub: – National Holiday Allowance – revision of rate – urged.

Pursuant to the recommendation of the Jagannadha Das Pay Commission contained in para 45 of Chapter XXXV, the Railway Board with the sanction of the President, had decided to compensate the Railway employees by additional payment, when they are called upon to perform duties on National Holidays every year. Instructions to this effect were issued by the Railway Board vide letter No.PC-60/HL-2/1 dated 10th August 1961, fixing following criteria for payment of additional pay:-

“Basic Pay as defined in Rule 2003 (21) (a) (i&ii) R-II and full Dearness Allowance (inclusive of Dearness Pay), Where the pay plus Dearness Allowance falls in between the two slabs, the rate for the next higher slabs shall apply”.

2. The Railway Ministry had also declared some more important days as “National Holidays” later on. In this connection, NFIR wishes to reiterate that initially additional pay was granted, to compensate to those Railway employees who in the exigencies of services are not permitted to avail National Holidays, by additional payment equal to 1 ½ times of the normal rate of pay plus DA thereon. At the same time, NFIR conveys that over the period of time not only the nomenclature but also the basis of National Holiday Allowance has been changed completely by the Railway Board without going into its genesis and has implemented the decision in most negative and unrealistic manner resulting less payment of National Holiday Allowance towards the so called compensation. There is wide variation between the original provision and the amount paid at present as National Holiday Allowance as can be seen from the following illustration:-

Pay in the pay band + grade pay as per VIth CPC pay Structure Revised rates of NHA Actually due to be paid
Upto 7260 Rs.170 Rs.745*

[*at one and half times of rate of minimum Pay (5200+1800+113%DA) if correctly taken into account.]

3. Incidentally, the Federation desires to mention that the Fifth Central Pay Commission in their recommendations to the Government of India had suggested payment of National Holiday Allowance at the rate of payment of Over Time Allowance.

NFIR, therefore, requests the Chairman, Pay Commission to consider the facts mentioned above and make suitable recommendations to the Government of India for upward revision of the National Holiday Allowance.
Yours faithfully,
(Dr. M. Raghavaiah)
General Secretary

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