Frequently asked questions on Joint Consultative Machinery (JCM)

Frequently asked questions on Joint Consultative Machinery (JCM)

FREQUENTLY ASKED QUESTIONS (FAQ)

1. What is Joint Consultative Machinery?
The scheme of Joint Consultative Machinery is a platform for constructive dialogue between the representatives of the staff side and the official side for peaceful resolution of all disputes between the Government as employer and the employees. The scheme was introduced in 1966 with the objectives of promoting harmonious relations and securing the greatest measure of cooperation between the Central 1 Government as the employer and the employees in matters of common concern and with the object of further increasing the efficiency of the public service combined with the well being of those employed. The scheme is a non statutory one mutually agreed upon between the staff side and the official side.

2. What is the applicability of the JCM Scheme?
The scheme covers all regular civil employees of the Central Government, except:
(a)The Class -I services;
(b)The Class-II services, other than the Central Secretariat Services and the other comparable services in the headquarters organisation of the Government;
(c) Persons in industrial establishments employed mainly in managerial or administrative capacity, and those who being employed in supervisory capacity drawing salary going beyond grade pay of Rs.4200/- per month;
(d) Employees of the Union Territories; and
(e) Police personnel.

3. What is the structure of the Joint Councils under the JCM Scheme?
The scheme provides for setting up of Joint Councils at the National, Departmental and Regional / Office levels. The National Council, chaired by the Cabinet Secretary, is the apex body.

4. How are staff side members selected for various Joint Councils?
The representatives of the staff side for various Joint Councils are chosen / selected from members of the recognized service associations/ unions.

5. What is the time schedule for holding meetings of the National / Departmental Councils?
As per the JCM Scheme, ordinary meeting of the National Council/ Departmental Council may be held as often as necessary as but not less than once in four months.

6. How recognition is granted to the staff associations?
The Department of Personnel & Training being the nodal department for matters relating to Joint Consultative Machinery and Compulsory Arbitration, has notified Central Civil Services (Recognition of Associations) Rules, 1993 for the purpose of granting recognition to various service associations.Recognition is actually granted by the concerned Ministry/Department in accordance with the CCS (RSA) Rules, 1993.In case of any doubt or confusion, the matter is referred to the JCA Section of the Department of Personnel & Training for clarification/ advice.

7. What are the facilities available to recognised associations?
The recognized associations/ unions enjoy certain facilities like:
(a) Negotiations with the employer;
(b) Correspondence and meetings with the head of the administrative departments;
(c) Provision of accommodation for the associations subject to availability;
(d) Facility of special casual leave up to 20 days in a year to the office bearers of the associations.(e) Payment of T.A/ D.A for attending officially sponsored meetings; and
(f) Facility of seeking transfer of Chief Executive of the Union /association to the Headquarters of the appropriate head of administration.

8. What will happen if there is no agreement between thestaff and the official side?
If there is no agreement between the staff and the official side on an arbitrable issue, then the matter is to be referred to the Board of Arbitration if so desired by the staff side.

9. What are the issues on which arbitration is possible?
The arbitration is limited to the following issues:
(a) Pay and allowances;
(b)Weekly hours of work ; and
(c) Leave

10. Is the award given by the Board of Arbitration binding on the parties
The award given by the Board of Arbitration is binding on the Government as well as the staff side subject to the over riding authority of the Parliament. The award can be modified/rejected only with the approval of the Parliament through a formal resolution on grounds affecting national economy or social justice.

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NPS to OPS - Extension of old pension scheme under CCS(Pension) Rules 1972 to the employees who were selected During the year 2003 and who had joined service On or after 01-01-2004

NPS to OPS - Extension of old pension scheme under CCS(Pension) Rules 1972 to the employees who were selected During the year 2003 and who had joined service On or after 01-01-2004

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13C, Ferozshah Road, New Delhi - 110001
E-Mail : nc.jcm.np@gmail.com
No.NC-JCM-2019/Pension/NPS

April , 2019

The Secretary
Government of India
Department of Pension and Pensioners welfare
3rd Floor, Lok Nayak Bhawan.
Khan Market, New Delhi.

Sub: Extension of old pension scheme under CCS(Pension) Rules 1972 to the employees who were selected During the year 2003 and who had joined service On or after 01/01/2004.

Ref: 1) Judgment of the Hon’ble High Court of Delhi
Judgment in WP (C)3834/2013 & in WP(C) 28/10/2016 dtd. 27/03/2017.
2) Min. of Home Affairs (Pay & Accounts Office)
CRPF Lt. No.PAO/CRPF/MHA/NPS/DA-9(1)/ 2018-19/797, dtd. 15th March 2019.

Sir,
You are aware that the Staff Side of National Council(JCM) is representing in various forums to withdraw the National Pension System and to restore the old Pension Scheme under CCS(Pension) Rules 1972, to the Defence Civilian Employees recruited on or after 01/01/2004, since the NPS is determental to the employees as there is no defined guarantee for Pension during the old age. This was one of the important demand, for which the NJCA has served Strike notice on the Govt. For observing In-definite Strike. However due to the assurance given by the Group of Ministers, the proposed In-Definite Strike was deferred.

Sir, at present based on the Judgment of the Hon’ble High Court of Delhi in the above referred cases, the Ministry of Home Affairs have decided to extend the benefits of the old pension scheme under CCS(Pension) Rules 1972, to the Para-Military forces who were selected during the year 2003, but joined service on or after 01/01/2004. In this regard your kind attention is drawn to the letter of Ministry of Home Affairs, dtd. 15th March 2019 referred at (2) above (copy enclosed for ready reference). The Ministry of Home Affairs have decided to transfer the NPS contribution of the concerned employees to the GPF Scheme and also to bring the employees who were selected during 2003 on the basis of notification issued during 2002/2003 and joined service on or after 2004, under the coverage of CCS(Pension) Rules 1972.

A large number of Central Govt. Employees in various Departments Like Railways, Defence, Postal and other Departments are similarly placed. These employees were selected for appointment during the year 2003, based on the employment notification issued during 2002/2003 however due to delay in receiving the Attestation Forms(Police Verification Report), Medical fitness etc., they were forced to join service on or after 01/01/2004. Due to no mistake of theirs’ they were brought under the coverage of NPS, thereby denying them the benefit of GPF and Defined Guaranteed Pension under the CCS(Pension) Rules 1972. These employees also have now started representing for extending the benefit given to the Home Ministry Staff for them, and their demand is fully justified and is covered under the Judgment of Hon’ble High Court of Delhi.

Sir, in view of the above, it is requested that you may kindly look into the matter and arrange to issue instructions for extending the benefit given to the Para-Military forces in the Home Ministry to the similarly placed Central Govt. Employees by extending them the benefit of Old Pension Scheme under CCS(Pension) Rules 1972. A copy of your instruction may please be endorsed to this office.

Thanking you

Yours faithfully,
sd/-
(Shiva Gopal Mishra)
Secretary

Encl: 1) Copy of Ministry of Home Affairs Lt. Dtd. 15th March 2019.
2) Copy of the Judgment of High Court of Delhi, dtd. 12th Feb. 2015 and 27 March 2017.

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Proposal to include in the election manifesto of your party with regard to the scrapping of the National Pension System

Suggestion to include the right of Central Government employees in your party's election manifesto regarding the scrapping of the National Pension System

Proposal to include in the election manifesto of your party with regard to the scrapping of the National Pension System

"If you will be able to indicate your intention to replace the present new contributory scheme with the old Statutory Pension structure, in your manifesto, it might help immensely to elicit the support of the Central Government employees and their family members to your party candidates in the ensuing general election."

 NJCA
National Joint Council of Action

4, State Entry Road, New Delhi - 110055

No.NC-JCM-2019/NPS

March 8, 2019

To
The Chief Executive,
All Recognised National and State level Political Parties

Sub:- Proposal to include in the election manifesto of your party with regard to the scrapping of the National Pension System which has taken away the pension right of Central Government Employees

Dear Sir /Madam,

We write this on behalf of the organisations of the Central Government employees participating in the Joint Consultative Machinery, set up by the Government of India in 1960s as a negotiating forum to settle various demands and grievances of the employees through discussions. In the meeting that was held on 8th February, 2019, of the Standing committee of the National Council, Staff Side, it was unanimously decided that I in my capacity as the Secretary, Staff side National Council, must write to you to draw your kind attention to one of the most significant demands of the Central Government employees i.e. to replace the newly introduced contributory pension scheme with the old statutory defined Pension system and also to restore the GPF Scheme which was withdrawn by the Government. I have been asked to seek your support to this vital demand of the employees especially of the young workers who have entered government service after 1.1 .2004 and obtain an assurance from you that you will accede to the demand for the withdrawal of the New contributory scheme to replace it with the old Statutory pension system if elected to power in the ensuing general elections to constitute the Lok Sabha. Before going into the difficulties being faced by the employees governed under the New Contributory Pension Scheme which is at present christened as “National Pension System (NPS)”, I would like to invite your attention to the historical judgment delivered by the Hon’ble Supreme Court by a 5 Member Bench consisting of Hon’ ble Chief Justice Y.B.Chandrachud. The Hon’ble Supreme Coutt in this case has analyzed in detail the entire issue of Pension. The most impotant portion of the above historical judgment is reproduced below for your kind consideration please.

“From the discussions 3 things emerge
 (i) that pension is neither a bounty nor a matter of grace depending upon the sweeting of the employer and that it creates a vested rights subject to 1972 Rules which are statutory in character, because they are enacted in exercise of powers conferred by the proviso to Article 309 and Clause (5) of article 148 of the constitution,
(ii) that Pension is not an ex-gratia payment but it is a payment for the past service rendered and
(iii) it is a social welfare measure rendering socio economic justice to those who in the heyday of their life ceaselessly toiled for the employer on an assurance that in their old age they would not be left in the lurch.”

As you are aware Sir/Madam, that the new contributory pension scheme was introduced by the then NDA Government in 2004 initially through an executive fiat. Later, rather much later, a bill was introduced in the Parliament to enact the Pension Fund Regulatory and Development Authority. After the promulgation of the Notification in 2004, many State Governments adopted the scheme to cover their employees, the only exception being the State of West Bengal presently. The ostentatious reason adduced at the time of promulgation of the Notification and thereafter at the time of the introduction of the PFRDA bill, was the ever increasing financial outflow on pension account, which makes fiscal deficit management difficult. Prima facie the said reason appeared to be true as the quantum of outflow on account of Pension had been on increase. But the fact that it had always been on rise was concealed as also the one that as a percentage to the GDP, the pension payment had been continuously dwindling over the years.

The employees organisations had been pointing out to the Government that the desired objective of containing pension outflow would not come about for the next four decades. When the probable drastic reduction in pension under the new scheme was raised by the Staff Side in the National Council, the Government stated that under the new dispensation, employees will become entitled more annuity than the then existing entitlement of Pension, this assurance was given in writing by Government in the Standing Committee Meeting of the National Council (JCM) held under the Chairmanship of Secretary (Personnel) on 14th December, 2007 and went on to assure the Government’s intervention if things turns out otherwise. It is also pertinent to mention here that the Government has exempted the Armed Force Personnel from the NPS and they continue to be in the old Pension Scheme. If the NPS is so attractive then why the Government has exempted them from NPS. This is a clear proof that the NPS is vety much detrimental when compare to the old Pension Scheme.

The scheme is presently in vogue for the last 15 years. A few employees who were originally recruited as casual workers but got regularised later (retired before completion of the 33 or 35 years of service.) They were given a paltry amount as pension amounting to less than Rs, 2000. Had they been covered under the old Pension scheme, they would have certainly got more than 20,000 as pension. The new scheme has thus become “NO pension scheme’. The new scheme has thus created consternation of a very high order amongst the employees as they rightly feel that their hard earned savings are in effect compulsorily channelled to benefit the corporate entities. Since the Govt. will have to contribute equal amount or more (now 14%)the same would act in future as a real drain on the resources of the Government and will cause hardship in the form of increased tax liability. The anger and discontent of the employees have manifested itself in huge demonstrations and such other programmes and some of them have even resorted to strike action.

We are proud to mention that our principled opposition to the scheme right from the beginning, when it was introduced by the then NDA Government, has now been vindicated as it neither benefits the subscriber nor the Nation. Incidentally we may point out that in the wake of the 6th CPC, Government agreed to set up an expert committee under the chairmanship of Dr.Gayatri, at the Indian institute of social sciences to look into all aspects of the New Pension scheme. The committee has clearly indicated that the new scheme will draw more funds from the exchequer in the coming 40 years, before any reduction in the outflow could be brought about.

We fervently feel that the new contributory scheme must be replaced by the old Pension Scheme under the CCS (Pension) Rules, 1972. If you will be able to indicate your intention to replace the present new contributory scheme with the old Statutory Pension structure, in your manifesto, it might help immensely to elicit the support of the Central Government employees and their family members to your party candidates in the ensuing general election.

We shall also be grateful for favour of a word in response to this communication from your end.
With kindest regards,

Yours sincerely,
(Shiva Gopal Mishra)
Convener

Source: ncjcmstaffside.com

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NJCA Circular dtd. 09-02-2019 for Central Government Employees

NJCA Circular dtd. 09-02-2019 for Central Government Employees

NJCA Circular dtd. 09-02-2019

NJCA

National Joint Council Of Action
4, State Entry Road, New Delhi- 110055

No.NJC/2019/7th CPC

February 9,2019

To
All Constituents of NJCA

Dear Comrades,
A delegation of the National JCA consisting of Com. M. Raghaviah, Com. Shiva Gopal Mishra, Com. Guman Singh, Com. K.K.N. Kutty, Com. Ashok Singh, Com. L.N. Pathak, and Com. R.N. Parasar met the honourable Home Minister on 8th February, 2019 at 9.30 Am. The delegation conveyed to the honourable Home Minister, the discontent and anger of the central Government employees over the dishonouring the assurance held out by the group of minister headed by him on 30 th June, 2016 in the matter of the upward revision of the minimum wage and fitment formula.
They pointed out the honourable home minister that on all previous occasions, the Government had revised the minimum wage recommended by the respective pay Commission after negotiation with the Staff Side JCM. The growing concern of the Central and state Government employees manifested in large scale mobilisation of the newly recruited employees over the new contributory Pension scheme was also brought to his notice.

The employees and officers who are recruited in Central Government service after 1.01.2004 are extremely agitated over the meagre amount of annuity they are entitled to receive even after paying huge amount of subscription to the scheme devoid of cost indexation. Family pension protection ect. The delegation also brought to the notice of the honourable Minister that the number of employees and officers who are presently covered by the new scheme has crossed over 50% of the total strength and the demand for bringing back the old Pension scheme has gained momentum. It unfortunate
that the Government did not heed even to the modest suggestion made by the Staff Side before the pension committee to the effect to guarantee a minimum amount of annuity to those who are covered under the new scheme. The delegation also stated that they are constrained to belive of a concerted effort on the part of the Government to kill the negotiating forum JCM as repeated pleading made to revive the joint consultative Machinery has not been responded.

They pointed out that the National Council of the JCM met about 9 years back and the meetings of the Standing committee and national Anomaly Committee has been few and far between . Since no meetings are convened at the apex level, the departmental Councils had also become defunct, they added. In other words, they said that there has been virtually no interaction worth the name between the Government and the employees organisation , which has proliferated the litigation and in most of the cases, the Government has lost out in the Courts. They also pointed out that the official side had been taking extremely nugatory attitude and had not been acting upon even on the verdicts of the Supreme Court.

The Honourable Home Minister gave a patient hearing and recalled the interaction he had with the Staff side earlier, when an assurance to revisit the quantum of minimum wage and fitment formula had been held out . He assured the delegation that he would cause a discussion of the matter with the Honourable Prime Minister.

The National JCA met later at the Staff side office when Com. M.S. Raja and Com. Giriraj Singh joined the meeting. The issues were discussed at length, especially taking into account the ensuing general Election in the country. The meeting finally decided to organise the following programme of actions.

13th March 2019

A massive demonstration cum dharna will be organised under the auspices of the National JCA to highlight and focus the demand for the withdrawal of the new Pension scheme and restoration of the old Pension scheme for Central Government employees. The National JCA will simultaneously write to all Political parties to make their stand clear on the issue of the New Pension scheme in their respective manifesto. The National JCA will spcarhead a campaign amount the employees for the acceptances of the demand by the political parties. The dharna will be at jantar Mantar and the same will be participated by the employees working in and around Delhi besides the NJCA leaders. On the same day, similar dharna and demonstrations will be held in front of all Central Government offices throughout the country. The employees will also be requested to wear black badges projecting the demand for the withdrawal of the NPS.

28th MARCH 2019

A protest day long dharna will be organised at jantar Mantar on 28.03.2019, in which all the National council members will take part. A huge demonstration will also be organised on the same day in front of the dharna venue in which the employees working in and around Delhi will take part. The dharna will highlight the need to revive the JCM forum and thus constant and continuous inter action between the Government and the employees. It will also focus the intolerable attitude of the official side even in issuing orders, where the supreme Court has given the verdict in favour of the employees. The Cabinet Secretary will be informed of this decision well in advance.

Copy of the letter addressed to the Cabinet Secretary is enclosed. All participating organisations are requested to make the programme a grand success. The NJCA will meet again on 28.03.2019 to discuss of the future course of action to be mounted in the days to come.
With greetings,

Yours faithfully,
sd/-
(Shiva Gopal Mishra)
Convener

Source: Confederation

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National Council will sit on Dharna on 28.3.2019 at New Delhi

National Council will sit on Dharna on 28.3.2019 at New Delhi

National Joint Council Of Action
4, State Entry Road, New Delhi- 110055

No.NJC/2019/7th CPC

February 9, 2019

The Cabinet Secretary,
Government of India & Chairman,
National Council/JCM
Rastrapati Bhawan,
New Delhi

Dear Sir,
We invite your kind reference to the representations made by the staff side both in writing and orally during discussions bilaterally and otherwise on innumerable occasions over the need to convene the National Council meeting of the JCM, which met last about 9 years back.

Since there had been no meeting of the National Council the directive issued by the Department of personnel to various Ministries of the Government of India to convene the Departmental Council meeting had also not been dwindled. We regret to write that inspite of our persistent persuasion you have unfortunately no found time for holding the meeting.

There had been no reason whatever for such inordinate delay in convening the meeting. This apart, the periodicity with which the National Standing committee used to meet has also been dwindled. The National Anomaly Committee set up in the wake of the 6th CPC is still to finalise its business.
The Staff Side, which met on 8th February, 2019 at New Delhi, has come to the inescapable conclusion that it must tread the path of struggle to get the negotiating forum revived we are therefore, constrained to take recourse to agitational programmes and have decided that all the Staff Side members of the National Council will sit on dharna on 28th March, 2019 at New Delhi.
We hope you will take note of the growing. discontent in the matter and take corrective steps to revive the JCM and to convene the meetings immediately.

Thanking you,

Yours faithfully,
(Shiva Gopal Mishra)
Convener

Source: Confederation

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Central Government Employees Long pending prominent issues

Central Government Employees Long pending prominent issues

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13C, Ferozshah Road, New Delhi – 110001
E-Mail : nc.jcm.np@gmail.com

D.O.No.NC/JCM/2019

Dated: February 7, 2019

Resp. Shri Raj Nath Singh Ji,

Sub: Long pending prominent issues of the Central Government Employees

You may kindly recall that, aggrieved by retrograde recommendations of the VII CPC in general and particularly related to Minimum Wage and Fitment Formula as also on the issue of Restoration of Defined Old Pension Scheme for the Central Government Employees, the Central Government Employees, including Railwaymen, had decided to go on “Indefinite Strike” w.e.f. 11th July, 2016 since 06:00 hrs., in the morning. With a view to resolve these important issues amicably, a meeting was convened by your goodself on 30th June, 2016, wherein Hon’ble Finance Minister, Hon’ble Minister for Railways and Hon’ble Minister of State for Railways, were also present.

After detailed deliberations, the representatives of the Central Government Employees(NC/JCM) were assured that, the Union Government would favourably consider their demand of improvement in Minimum Wage and Fitment Formula, recommended by the VII CPC. It was also assured to look into the demand of Scrapping Contributory NPS in respect of the Central Government Employees and restoration of Defined Old Pension Scheme.

The representatives of the Central Government Employees were made to understand in the said meeting that, the Government would take decision in regard to above demands within a timeframe of four months by constituting committees for the purpose. On the assurance of the Group of Ministers, the proposed “Indefinite Strike” was deferred by the NC/JCM.

You may kindly appreciate that, substantially long time has already elapsed and the Federations of the Railways and other Central Government Employees, who had participated in the said meeting, have still been awaiting the positive outcome of the discussions held and assurances given by the Group of Ministers therein.

There is, therefore, serious discontentment brewing among the Central Government Employees, including the Railwaymen, and it is quite difficult to further contain the same any longer. There is, therefore, tremendous pressure to revoke the decision of the “Indefinite Strike” of the Central Government Employees due to non-settlement of the said issues.

It would, therefore, be largely fair and conducive for harmonious relations of the Central Government Employees with the Central Government, that, at least the following two major issues be settled without any further delay:-

(i) Restoration of Defined Old Pension Scheme for all Central Government Employees, irrespective of their date of appointment, which was available for the Central Government Employees appointed before 01.01.2004.

(ii) Improvement in Minimum Wage and Fitment Formula.

I earnestly hope that, your goodself will take these issues with all seriousness for resolving the same before it is too late, in the larger interest of conducive atmosphere in the country.

With Kind Regards,

Sincerely yours,

(Shiva Gopal Mishra)
Secretary(Staff Side)

Shri Raj Nath Singh,
Hon’ble Home Minister
(Government of India),
New Delhi

Source: http://ncjcmstaffside.com

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Demands of the Central Government Employees

Demands of the Central Government Employees

Main issues of increasing Minimum Wage, Fitment Formula as well as announcing Guaranteed Pension at par with the Old Pension Scheme

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13C, Ferozshah Road, New Delhi - 110001
E-Mail : nc.jcm.np@gmail.com

No.NC-JCM-2019/CS(PM)

Dated: February 1, 2019

The Cabinet Secretary,
Government of India,
Rastrapati Bhawan,
New Delhi

Dear Sir,
Sub:
As you are aware that the Central Government employees are in quite anguish as agitating various issues since 1st January 2016 after submission of report of the 7th CPC. In the Standing Committee, JCM Staff Side have raised many issues which are still unresolved, the National Council is not taking place since more than a decade, the Standing Committee also not called since one year. The various Government employees are agitated and are demonstrating on the Charter of Demands submitted to you as well as Group of Ministers, headed by Hon'ble Home Minister on 30th June 2016.

Main issues of increasing Minimum Wage, Fitment Formula as well as announcing Guaranteed Pension at par with the Old Pension Scheme are creating lots of anguish in the mind of the Central Government Employees.

The JCM Staff Side feels that the Government have no priority for redressal of the grievances of Central Government employees which is a very serious trend and machinery of the JCM have become defunct.

We hope being the Chairman of National Council - JCM, you should immediately call a meeting of JCM and issue necessary instructions to Secretary DOPT and other Secretaries of other departments of Government of India to co-operate with the Staff Side and have regular meetings of National Council / Departmental Council JCM meetings as prescribed as per scheduled.

Thanking you,

Sincerely Yours,
sd/-
(Shiva Gopal Mishra)
National Council (JCM)

Source: http://ncjcmstaffside.com/

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Meeting of the National Joint Council of Action (NJCA) on 8th February 2019

Meeting of the National Joint Council of Action (NJCA) on 8th February 2019

NJCA Meeting on 8.2.2019
National Joint Council of Action (NJCA) on 8th February 2019
NJCA
National Joint Council of Action
4, State Entry Road New Delhi - 110055

No.NJCA/2018

Dated January 28, 2019

All Members of the NJCA

Dear Comrades,

Sub: Meeting of the NJCA
Ref : This office letter of even number dated 30.11.2018

It has been decided to hold meeting of the National Joint Council of Action (NJCA) on 8th February 2019 from 11:00 hrs in JCM Office, 13-C, Ferozshah Road, New Delhi, to take stock of the current situation in regard to non-settlement of major pending issues, viz

(i) Improvement in Minimum Wage and Fitment Formula
(ii) No Progress in respect of NPS Covered Central Government Employees
(iii) Other pending issues related to National and Departmental Anomalies.

All of you are requested to make it convenient to attend the aforementioned meeting of the NJCA, so as to take the consensus decision for future course of action in the prevalent scenario.

With Fraternal Greetings,
Comradely yours,
sd/-
(Shiva Gopal Mishra)
Convener

Source : Confederation

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Important NJCA Meeting on 4.12.2018

Important NJCA Meeting on 4.12.2018

Future course of action of NJCA on Minimum Wage, Fitment Formula, NPS and Other issues

Meeting of National Joint Council of Action on 4th December 2018
NJCA
National Joint Council of Action

4, State Entry Road New Delhi - 110055

No.NJCA/2018

Dated November 21, 2018

All Members of the NJCA
Dear Comrades,
Sub: Meeting of the NJCA
Ref : This office letter of even number dated 14th November, 2018
It has been decided to hold meeting of the National Joint Council of Action (NJCA) on 4th December 2018 from 16:00 hrs in JCM Office, 13-C, Ferozshah Road, New Delhi, to take stock of the current situation in regard to non-settlement of major pending issues, viz

(i) Improvement in Minimum Wage and Fitment Formula
(ii) No Progress in respect of NPS Covered Central Government Employees
(iii) Other pending issues related to National and Departmental Anomalies.

All of you are requested to make it convenient to attend the aforementioned meeting of the NJCA, so as to take the consensus decision for future course of action in the prevalent scenario.
With Fraternal Greetings,

sd/-
Comradely yours,
(Shiva Gopal Mishra)
Convener

Source : Confederation

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Ad-hoc Bonus for Central Autonomous Bodies - NC JCM writes to Cabinet Secretary

Ad-hoc Bonus for Central Autonomous Bodies - NC JCM writes to Cabinet Secretary

Grant of 'ad-hoc bonus' for the Central Autonomous Bodies for 2015-16, 2016-17 and 2017-2018 - NC JCM writes to Cabinet Secretary

Shiva Gopal Mishra
Secretary

Ph: 23382286
National council (staff Side)
Joint Consulative Machinery for
Central Government Employees
13-C, Ferozshah Road, New Delhi-110001
E-Mail : nc.jcm.np@gmail.com

No.NC/JCM/2017

Dated: September 17, 2018

The Cabinet Secretary,
(Government of India),
Cabinet Secretariat,
Rashtrapathi Bhawan Annexe,
New Delhi

Respected Sir,

Sub: Grant of 'ad-hoc bonus' for the Central Autonomous Bodies for 2015-16, 2016-17 and 2017-2018- reg.

Kindly call for our earlier letter of even number dated October 30, 2017(copy enclosed), whereby it was requested, while thanking the government for having implemented VII CPC recommendations in case of staff of the Central Autonomous Bodies, that, their genuine grievance in respect of payment PLB/Ad-hoc bonus to these staff should also be considered .

It would be pertinent to recall that, Finance Ministry used to extend the benefit of PLB/Ad-hoc Bonus to the Central Autonomous Bodies also at par with other Central Government employees till the year 2014-15. Surprisingly, employees of the Central Autonomous Bodies have been deprived of this benefit after the year 2014-15 without assigning any bonafide reason thereto.

It is, therefore, requested that, necessary action may kindly be taken for granting ad-hoc bonus to the Central Autonomous Bodies also on par with the Central Government employees for the years 2015-16, 2016-17 and 2017-2018, as was being done till the year 2014-15 in the larger interest of justice and parity.

Sincerely Yours,

sd/-
(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)

Source: http://ncjcmstaffside.com

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NJCA Letter with Resolution dated 3.7.2018

NJCA Letter with Resolution dated 3.7.2018

Resolution and Letter to Cabinet Secretary
National Joint Council of Action
4, State Entry Road, New Delhi- 110055

No.NJCA/2018

Dated: July 3, 2018

Dear Comrades,
The NJCA met today and took note of the inordinate delay in honouring the commitment made by the Government on 30th June, 2016 in respect of Minimum Wage, Fitment Formula, Scrapping the New Contributory Pension Scheme, Option No.1 to Pensioners, Outsourcing, Regularization of Contract/Casual Workers, JCM revival etc.

At the end of the deliberations it was decided to adopt a resolution and forward the same to the Government.

Copies of the Resolution and letter to the Cabinet Secretary are enclosed herewith, which are self-explanatory.

The NJCA will again meet on 18.08.2018 to finalize the future course of action in the matter of Indefinite Strike which was deferred on 06.07.2016.

Comradely yours,
sd/-
(Shiva Gopal Mishra)
Convener

Letter to Cabinet Secretary

National Joint Council of Action
4, State Entry Road New Delhi - 110055

NO.NJCA/2018
Daled: July 3, 2018

Cabinet Secretary,
Government of India,
Rashlrapali Bhawan Annexe,
New Delhi-110001

Dear Sir,
The NJCA of the organizations, participating in the JCM, met today and adopted the enclosed resolution.

The NJCA was extremely unhappy to nole that the government did not honour its commitment made to the leaders of the organizations when they metlhe Hon'ble Home Minister and Finance Minister in the presence of the then Railway Ministers on 30.06.2016 on the basis of which the Indefinite Strike which was to commence on 11 .07.2016 was deferred.

The reply 10 a question asked by Shri Neeraj Shekhar in the Upper House of the Parliamcnl(Rajya Sabha) given by Hon'ble Minister of State for Finance, Shri P. Radha Krishnan, on 06.03.201 B Minister, which is reproduced below, has further angered the Central Government employees.
"Question of Shri Neeraj Shekhar(1170)

(a) Whether Government Is actively contemplating to increase minimum pay from Rs.18,000/· to Rs.21,000/· and filment factor from 2.57 to 3, in view of resentment among the Central Government employees over historically lowest increase in pay by 7th Central Pay Commission (CPC);

(b) If so, the details thereof and the date from which it would be implemented; and

(c) If not, the reasons for the callous attitude of Government towards Government Employees?"

ANSWER
MINISTER OF STATE FOR FINANCE (SHRI P RADHAKRISHNAN )

"(a),(b)&(c ) - The minimum Pay of Rs .18,000/- p.m. and filment factor of 2.57 are based on the specific recommendations of the 7th Central Pay Commission in the light of the relevant factors taken into account by it. Therefore, no change therein is at present under consideration".

The NJCA has decided to meet again on 18.08.2018 10 consider the response, if any, from the government to this letter and to the enclosed resolution.

In case of the continuing negative attitude of the government, the NJCA will be left with no other alternative but to revive the decision of Indefinite Strike action, which was deferred on 06.07.2016 on the basis of the assurance given by the Group of Ministers on 30.06.2016.

Sincerely yours,
(Shiv. Gopal Mishra)
Convener

Resolution

National Joint Council of Action
4, State Entry Road New Delhi - 110055

RESOLUTION

The National JCA, which met today (03.07.20 18) at New Delhi as per the notice issued by the Convenor, after deliberations, came to the painful conclusion that the government had been unfortunately indulging in chicanery for the past two years by not honouring their commitment made to the NJCA leaders on 30.06.2016. The NJCA which was formed to pursue the demands and issues of the Central Government Employees especially those emanating from the recommendations made by the 7th CPC in the matter of Wage Revision, New Pension Scheme etc. had deferred the Indefinite Strike action, which was to commence from 11 .07.2016, on the solemn announcement held out by the Group of Ministers, consisting of the Hon'ble Home Minister, Finance Minister and the then Railway Ministers. The Govt had categorically stated that they should set up a High Power Committee to look into the matters concerning the upward revision of Minimum Wage Fitment Formula etc. with a direction to submit its report within four months. The NJCA had made reasoned submissions as to the fallacy of the computation of Minimum Wage made by the 7th CPC.

The meeting further noted that the report of the committee, set-up by the Government under the Chairmanship of the Secretary, Pension, to look into the grievances of the employees and officers over the newly introduced Contributory Pension Scheme in place of the existing Defined Benefit Pension Scheme, has been kepi pending by the Government without taking any action whatsoever, thereby denying the benefit of Defined Benefit Of Pension to the employees recruited on or after 1.1 .2004.

The meeting also noted that, rejection of Option No.1, recommended by the 7th CPC, to the Pensioners on the specious ground that the said recommendation was not feasible to be implemented, was nothing but denial of legitimate parity between the past and present Pensioners.

The meeting noted with deep concern and anguish that the government has virtually closed down the doors of negotiation by not convening the meeting of the National council JCM for the past 8 years.
The meeting in the above circumstances and given the totally nugatory attitude of the government has decided to revive the Indefinite Strike action, which was deferred on 30.06.2016, immediately and call upon the Central Government employees to prepare themselves for an otherwise inevitable show down. The meeting noted that the government had been dillydallying the issue for the past two years. The meeting desired that the government must immediately address the following issues and bring about negotiated settlement thereof without any further delay.

a) Upward Revision of Minimum Wage and Fitm ent Formula
b) Scrapping the New Contributory Pension Scheme.
c) Allow Option No.1 as one of the Pension Fitment Formula.

The meeting has directed the Convenor to bring to the notice of the Cabinet Secretary and through him the government lhe resentment and discontent of the employees and await their response up to 07.08.2018 and put into operation the deciSion to revive the decision of Indefinite Strike action immediately, thereafter, in case no negotiated settlement is brought about on the various demands included In the Charter of Demands .

(Shiva Gopal Miishra)
Source: Confederation
Convener

Dated: 3rd July, 2018
Source: Confederation

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Fixation of pay in the merged pay scale of 5000-8000 and 5500-9000 with 6500-10500 (5th CPC) in Pay Band-2 + Grade Pay 4200 : Early implementation of CAT Ernakulum bench order

Fixation of pay in the merged pay scale of 5000-8000 and 5500-9000 with 6500-10500 (5th CPC) in Pay Band-2 + Grade Pay 4200 : Early implementation of CAT Ernakulum bench order - reg.

Shiva Gopal Mishra
Secretary

Ph.: 23382286
National Council (Staff Side)
Joint Consultative Machinary
for Central Government Employees
13-C, Ferozshah Road, New Delhi - 110001
E Mail : nc.jcm.np@gmail.com

No. NC-JCM-2018/Fin.(Ano)

April 23, 2018

Joint Secretary (Pers)
Department of Expenditure
Ministry of Finance
North Block,
New Delhi - 110 001.

Subject : Fixation of pay in the merged Pay Scale of Rs.5000-8000 and Rs.5500-9000 with Rs.6500-10500 (5th CPC) in 6th CPC Pay Band-2 + Grade Pay Rs.4200/-

Reference: Item No. 1, 2, 3 and 4 of the Minutes of the National Anomaly Committee held on 17th July, 2012 circulated vide DOP&T OM F.No. 11/2/2008-JCA dated 13th September, 2012.

Sir,
Kindly refer to Para No. 8.1 of the Minutes of the Meeting of the 6th CPC National Anomaly Committee held on 17th July, 2012. This is with regard to Item No. 1, 2, 3 and 4 i.e. fixation of pay in revised Pay Scale. The Staff Side in the meeting has reiterated their demand that the pay in the incumbents holding the merged Pay Scale of Rs. 5000-8000 and Rs. 5500-9000 should have been fixed by applying the multiplication factor of 1.86 at Rs. 6500 w.e.f. 01.01.2006 implying thereby that the commencement point of the Pay Band-2 should be at Rs. 12090/- based on 6500 x 1.863 = 12090 instead of Rs. 9300/- computed by multiplying Rs. 5000 x 1.86. The Official Side has rejected the demand of the Staff Side and after discussion it was decided that on this issue a disagreement may have to be recorded for referring the same to arbitration. Even though it is more than 5 years after the above decision we are not aware that what action has been taken to implement the decision taken in the National Anomaly Committee Meeting.

In this situation the affected Central Government Employees working in different Ministries have approached Court of Law for getting justice. Recently the CAT Ernakulum Bench in its Order OA No. 180/00569/2014 delivered on 03rd of April, 2018 has upheld the demand of the Staff Side and has given the following direction to the Government of India. The relevant portion of the Judgment is given below for your kind information.

14. It has to be borne in mind that CCS (RP) Rules, 2008 is a Rule notified under the proviso to Article 309 of the Constitution of India made by the President and hence it has a statutory status in the eye of law. Therefore, any interpretation of the provisions in the said Rules has to be in terms of the Rules itself. Any O.M. issued by way of clarification, explanation or prescribing the modalities for fixation of initial pay of the Government Employees as per the revised pay structure can be only in terms of what is stated in the Rules.

15. As observed above, going by the definitions of the terms 'existing basic pay' and 'existing scale' in the CDS (RP) Rules, 2008, Rule 7 fixation can be only in accordance with the afore-mentioned definitions of ‘existing basic pay’ and 'existing scale' only and not by way of administrative O.Ms and instructions contained in Annexure A-1 and Annexure A-2 communications. Therefore, we are inclined to quash and set aside Annexure A-1 and Annexure A-2 communications. We do so. We hold that the applicants are entitled to the declaration as prayed for and that the respondents should be directed to fix the initial pay of the applicants including all the members of Applicant No. 1 association in the revised pay structure by fixing their salary in the revised pay scale of Rs. 6500-10500 treating Rs. 6500/- as the existing basic pay as on 01.01.2006 with all consequential benefits. We order accordingly. This order shall be complied within 3 months from the date of receipt of copy of this order.”

In view of the above Judgement it is requested that without further prolonging the matter the above Judgment may be implemented by issuing a general instructions extending the benefit to all the similarly place Employees.

Awaiting for your favourable response please.

Thanking you,

Yours Faithfully,
(Shiva Gopal Mishra)
Secretary

Source: Confederation

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Pending issues of Central Government Employees - NC JCM Staff Side

Pending issues of Central Government Employees - NC JCM Staff Side

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi - 110001
E-Mail : nc.jcm.np@gmail.com

No.NC-JCM-2018-CS/PM

April 10, 2018

The Cabinet Secretary,
Government of India
Cabinet Secretariat,
Rastrapati Bhawan,
New Delhi.

Sub: Pending issues of Central Government Employees

Dear Sir,
As you are aware that the Central Government Employees issues particularly review of New Pension Scheme, Minimum Wage and Fitment Formula are pending since long. Its unfortunate that inspite of assurance given by Cabinet Ministers and our pursuation with you time to time has not yielded any result so far. We had deffered the strike on a clear cut assurance but the committees formulated to resolve the issues have not done any thing, with the result creating lot of anguish amongst Central Government Employees.

It is also unfortunate that inspite of continues persuation the meeting of National Council has also not been fixed gives an impression than no body is serious for resolution of long pending demands of Central Government Employees. The National Council JCM (Staff Side) had tried its level best for a negotiated settlement but unfortunately could not succeed due to willingly attitude of Government.
In view of all round dissatisfaction among Central Government Employees it is requested that the above demands could be resolve without further loss of time and meeting of National Council (JCM) should also be convend at an earliest to resolve the other issues submitted as agenda.

Thanking you,

Yours faithfully,
(Shiva Gopal Mishra)
Secretary

Source: http://ncjcmstaffside.com

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Brief of the meetings held between the Staff Side(JCM) and Official Side

Brief of the meetings held between the Staff Side(JCM) and Official Side

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi - 110001
E-Mail : nc.jcm.np@gmail.com

No.NC/JCM/2018

Dated: April 10, 2018

The General Secretaries,
All Constituents Organizations of the JCM(Staff Side)

Dear Comrades,
Sub: Brief of the meetings held between the Staff Side(JCM) and Official Side

Met yesterday, i.e. on 9th April, 2018, with the Secretary(DoP&T), Government of India, Dr. C. Chandramauli, who joined recently, and requested him for holding meetings of the Standing Committee of the NC/JCM and National Anomalies Committee at an earliest. He has promised for the same.

Today, i.e. on 10th April, 2018, met the Cabinet Secretary, Government of India, and handed him over a copy of the enclosed letter.

He said that, the issue of the NPS is under finalization and Secretary (Pension), Government of India, had very recently given presentation. He further said that, there would be some visible changes in the NPS.

On the issue of Minimum Wage and Fitment Formula he once again mentioned that it depends totally on the political call.

So far the issue of non-holding of meetings of the National Council(JCM) is concerned, he said that he would try to hold this meeting very shortly.

This is for your information.

Sincerely Yours,
sd/-
(Shiva Gopal Mishra)
Secretary(Staff Side)
National Council(JCM)

Source: http://ncjcmstaffside.com

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National Council Staff Side Secretary writes to Finance Ministry regarding the exemption of Transport Allowance and Medical Reimbursement from Income Tax

National Council Staff Side Secretary writes to Finance Ministry regarding the exemption of Transport Allowance and Medical Reimbursement from Income Tax

Shiva Gopal Mishra
Secretary

Ph: 23382286
National Council (Staff Side)
Joint Consultation, Machinery
For Central Government Employees
13-C, Ferozshah Road, New Delhi - 110001
E.Mail : nc.jcm.np@gmail.com

No.NC/JCM/2018

Dated: February 2, 2018

Hon'ble Finance Minister,
Ministry of Finance,
(Government of India),
North Block,
New Delhi

Respected Sir,
Sub: General Budget 2018-19

We hope that, standard deduction, up to Rs.40,000 in the Budget (2018-19) announcement, was provided to give some relief to the salaried class, but at the same time, there is serious resentment in the salaried class in general and the Central Government Employees in particular because of non-enhancement of limit of the Income Tax.

We were hopeful that, in this budget, the Central Government would provide Income Tax exemption, if not Rupees Five Lakh, definitely Four Lakh, but nothing has been done, which has resulted in desperation in the Government Employees. Moreover, Education Cess has been increased from 3% to 4%, which will further put additional tax burden on the salaried class. In such a situation standard deduction given by the government will definitely not going to help to any salaried employees.
Not only the above, Transport Allowance and Medical Reimbursement, used to exempt earlier, have also been stopped in this budget, has given another blow to the salaried class.

Since there is all-round resentment in the salaried class, it would be in all appropriateness if the Income Tax Exemption is enhanced to minimum Rupees Four Lakh.

Sir, Government Employees are also very eagerly awaiting for improvement in the Minimum Wage and Fitment Formula as well as announcement of the Guaranteed Pension to the employees covered under the National Pension System(NPS). These also need to be given top priority to keep industrial peace among the Government Employees.

It is also requested that, Transport Allowance and Medical Reimbursement, almost exempted from the Income Tax, should also remain exempted from the Income Tax, to give some relief to the government employees in distress.

With Kind Regards

Sincerely yours
sd/-
(Shiva Gopal Mishra)
Secretary(Staff Side)
National Council (JCM)

Source: NCJCM

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Allow to Revise Option Exercised under Rule 6 - NC JCM writes to DoPT

Allow to Revise Option Exercised under Rule 6 - NC JCM writes to DoPT

"Allow the employees to revise their option once exercised under Rule 6 of the Revised Pay Rules 2016".

Shiva Gopal Mishra
Secretary

Ph: 23382286
National Council (Staff Side)
Joint Consultation, Machinery
For Central Government Employees
13-C, Ferozshah Road, New Delhi - 110001
E.Mail : nc.jcm.np@gmail.com.

No. NC- JCM-2017/Fin

January 16, 2018

Shri Gyanendra Dev Tripathi,
Jt. Secretary (E)
Department of Personnel & Training,
North Block, New Delhi

Dear Sir,
Kindly refer to the discussion, the Staff Side had with you on 12.1.2018 in the National Anomaly Committee meeting. During the discussion, over the admissibility or otherwise of the anomaly items, incidentally, we had represented to the request made by us to allow the employees to revise their option once exercised under Rule 6 of the Revised Pay Rules 2016. We send herewith copy of our communications sent to the Secretary Expenditure in this regard.

As has been pointed out by us, in our letter cited, the interpretation of the benefit of option had been at variance with consequent loss of emoluments to the employees. The intention of the Rules are often ambiguous. In similar situation both at the time of 5th CPC and 6th CPC on our request the Govt. had been good enough to permit revision of option. In the case of 6th CPC the Notification was issued in 2008 (in September 2008) and the option was allowed to be revised up to 31/12/2010, giving benefit for all employees who were promoted / granted ACP / MACP or granted increment up to 31/12/2010.

We therefore request you to kindly allow revision of option to switch over to 7th CPC pay scales / pay matrix to be exercised within three months of the issuance of the orders permitting such revision.

Yours faithfully,
sd/-
(Shiva Gopal Mishra)
Secretary

Source: Confederation

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NPS Committee Report Finalised and Submitted to Govt - NC JCM Staff Side

NPS Committee Report Finalised and Submitted to Govt - NC JCM Staff Side

"New Contributory Pension Scheme setting up of the Committee - report"

Shiva Gopal Mishra
Secretary

Ph: 23382286
National Council (Staff Side)
Joint Consultation, Machinery
For Central Government Employees
13-C, Ferozshah Road, New Delhi - 110001
E.Mail : nc.jcm.np@gmail.com.

No. NC- JCM-2017/Fin

January 16, 2018

The Cabinet Secretary,
Government of India,
Cabiner Secretariate,
Rastrapati Bhawan,
New Delhi

Sub: New Contributory Pension Scheme setting up of the Committee - report reg.

Dear Sir,
As per the 7th CPC recommendations, Govt had set up a committee under the Chairmanship of the Secretary, to look into the various complaints received by the commission on the new contributory Pension Scheme. As the stake holders, we had interacted with the Committee. We have now come to know that the committee, having finalised its report, submitted the same to you.

We request that the Staff Side-JCM may be provided with a copy of the report and our views are heard and presented, before the Government takes a final view on the matter.

Thanking you,
sd/-
Yours faithfully,
Shiva Gopal Mishra

Source: Confederation

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7th CPC: Minimum Pay and Fitment Factor Stories suddenly ended in anticlimax

Minimum Pay and Fitment Factor Stories suddenly ended in anticlimax

"There is no scope for them anymore to continue this story and decided to end this up with the note of 'there is no scope for change in Minimum Pay'.

There is a strong reason to come up with the title for this article as 'Minimum Pay and Fitment Factor Stories suddenly ended in anticlimax'. Because many websites kept writing that Minimum Pay will be increased to Rs.21000 in January 2018. As we didn't find any truth in that stories we haven't said anything about this as it may lead the people to have false hope. Instead, we published 4 articles which claimed firmly that there was no such proposal under consideration of Government.
Finally those who cooked up a story entitled 'Govt to Announce Minimum Pay Increase to Rs.21000' and writing about it on day to day basis, have come forward to end this story with a note of No Scope for change in Minimum Pay. Because they clearly know it was a fake news. But some news websites who believed that this cooked up story might be true, started writing numerous article about increasing of minimum pay from Rs.18000 to Rs. 21000 and said "Good news would come after January 2018"

As January 2018 is nearing, people started asking the Leaders of Unions and Associations the following questions. is it true? Is there any proposal as such under consideration of Central government? The NC JCM Staff Side Leaders hesitated to answer this question because they were afraid of that any negative reply will backfire them.

But there was no sign of announcing Minimum Pay increase. The rumour mongers smelled the frustration of Government servants on Minimum Pay increase as it is not going to happen in January 2018 . So they started writing again that Minimum Pay will be increased after April 2018 as Anomaly Committee is going to submit its report to the Government on Minimum Pay issue after January 2018.

Now all the bridges to Minimum wage issue are burnt for them after DoPT has clearly said in its Letter to NCJCM Staff Side that the issue of Minimum Pay Increase and Revising Fitment Factor and Allowances effect date are not anomalies. According to the DOPT Letter No. F.No.11/2/2016-JCA-1(Pt.) dated 30th October, 2017, it is stated that these three important issues are not in accord with the three postulates which, as described in DoPT's 0M. No. 11/2/2016-JCA dated 16th August, 2016 and 20th February, 2017 for treating them as Anomaly.

So Minimum pay and Fitment Factor issue will not be treated as a case of anomaly and it will not be taken up in national Anomaly Committee for discussion.

So there is no scope for them anymore to continue this story and decided to end this up with the note of 'there is no scope for change in Minimum Pay'.

But the Committee which is constituted to Examine the Demand of revising Minimum Pay has not held any meeting to discuss this important issue. And also, it was stated in the DoPT's Letter that Effect date of Allowances should be decided by the Central Government and hence the NC JCM Staff Side should take up this issue to the Government.

So the ways and means for settling these issues are not ruled out yet. Now it is up to the Federations, to what extent they are serious to pursue this issue to get this done either through negotiated settlement or protest.

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BRIEF OF THE MEETING HELD TODAY WITH THE CABINET SECRETARY (GOVERNMENT OF INDIA)

 BRIEF OF THE MEETING HELD TODAY WITH THE CABINET SECRETARY (GOVERNMENT OF INDIA)

Shiva Gopal Mishra
Secretary

National council (staff Side)
Joint Consulative Machinery for
Central Government Employees
13-C, Ferozshah Road, New Delhi-110001
E-Mail : nc.jcm.np@gmail.com

No.NC/JCM/2017

Dated: October 24, 2017

All Constituents of National Council(JCM)

Sub: Brief of the meeting held today with the Cabinet Secretary (Government of India)

Today I met the Cabinet Secretary(Government of India) and shown oru anguish for inordinate delay in finalzation of demands of the Central Government Employees, particularly National Pension System (NPS), Minimum Wage and Fitment Formula.

The Cabinet Secretary said that, he is aware of the problems of the Staff Side(JCM) raised by them from time to time and particularly to this issue and will definitely try to resolve them

Particularly on the issue of National Pension System(NPS) he said that the issue active consideration of the Government of India and we are trying to find out some solution to the problems arisen because of the NPS.

I also persuaded him to fix-up date of the meeting of the National Council(JCM), to which he said that, the agenda came, and some queries have been raised, which are still to be compiled by the DoP&T. He assured that, he will definitely fix-up the date of the meeting within a short period, and said that, before that, he will ask the Secretary(DoP&T) to hold meeting with the Staff Side.

I told to the Cabinet Secretary that, Central Government Employees are agitated because they feel that VII CPC has not done and justice with them and government is also ready to remove the issues pending before them.

This is for your information.

with Faternal Greetings!

Comradely yours,
sd/-
(Shiva Gopal Mishra)
Secretary(Staff Side)

Source: Confederation

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Minutes of Standing Committee Meeting held on 3.5.2017 between NC JCM and Official Side - DoPT

Minutes of Standing Committee Meeting held on 3.5.2017 between NC JCM and Official Side - DoPT

Minutes of the meeting of the Standing Committee held between the staff-side, National Council (Joint Consultative Machinery) and offical-side under the Chairmanship of Secretary(P) at 3.00 P.M. on 03.05.2017

MINUTES OF THE MEETING OF THE STANDING COMMITTEE HELD BETWEEN THE STAFF-SIDE, NATIONAL COUNCIL (JOINT CONSULTATIVE MACHINERY) AND THE OFFICIAL-SIDE UNDER THE CHAIRMANSHIP OF SECRETARY(P) AT 3.00 P.M. ON 03.05.2017

The meeting of the Standing Committee of the National Council (JCM) was held at 3.00 p.m. on 03.05.2017 under the Chairmanship of Secretary (P) at Room No. 119, North Block, New Delhi. The list of participants is at Annexure.

2. In his introductory comments, Secretary(Personnel) while welcoming the participants, mentioned that the agenda for the meeting included the action taken statement on the 31 items discussed in the last meeting held on 25.10.2016 and 26 additional items received from the Staff Side.

3. (i) In his opening remarks, Secretary, Staff-Side thanked the Chairman for convening the meeting and urged that as per the JCM Scheme, the meetings of the National Council should be held on quarterly basis. He also pointed out that the meeting of the National Council under the Chairmanship of Cabinet Secretary has not been held since 2010 which, he emphasized, was against the spirit and the basic principle of the JCM Scheme. This view was seconded by other representatives of the Staff-Side.

(ii) Secretary (Staff-Side) further requested to know the present position on the basic demands made by the Central Government employees about minimum wages, fitment formula, reversion to the old pension scheme and the report of the Committee of Allowances. He recalled that when a notice for strike was given in 2016, the senior Cabinet Ministers in the Central Government had met the staff side representatives and assured a positive decision on the aforesaid demands. Although that strike was deferred on this assurance, the central govt. employees are still waiting. Consequently, it is getting difficult to make the central government employees understand the reasons for delay in fulfilment of the assurances then given by the Senior Cabinet Ministers.

(iii) Hence Secretary, Staff-Side requested the Chairman to convey to the Cabinet Secretary and Chairman, National Council (JCM) the duty to meet the Government employees in accordance with the JCM Scheme to avoid an atmosphere of confrontation.

(iv) He stated that a number of agenda items proposed by the Staff-Side have been deleted and no formal communication has been sent to them on the reasons for deletion. He requested that the views of official side on this may be communicated to them. This sentiment was echoed by other members of the Staff Side. He also mentioned that the senior Cabinet Ministers had issued a statement about constitution of a High Level Committee to look into the aforesaid basic demands made by the Staff Side while giving the strike notice. However, even after more than 10 months, nothing has happened and only one meeting was taken by Additional Secretary in Department of Expenditure.

(v) On allowances, he informed that there is a lot of uncertainty on whether the allowances would become admissible prospectively or from 01.01.2016 i.e., the date of implementation of 7th Central Pay Commission.

(vi) The following points were also raised by Leader JCM (Staff-Side):

(a) The assurance given by Senior Ministers on 30t h June 2016 on 7th CPC issues-mainly minimum wage and multiplying factor have not been fulfilled. Only one meeting was held by Addl. Secretary (Expenditure) with the Staff side and thereafter nothing is known with regard to progress made even though 10 months passed.

(b) On 7th CPC recommendation for revision of pension on the basis of option the contents of the Committee’s Report are not made available to the JCM (Staff Side). There is need to see that transparency is ensured for preserving healthy industrial relations.

(c) On Allowances, the Leader JCM (Staff Side) expressed disappointment as there has been no positive outcome even after lapse of several months. He requested the Chairman that the JCM (Staff Side) demand to revise the Allowances w.e.f. 01/01/2016 should be considered and Staff Side demand be taken to the level of Cabinet Secretary and the Government.

(d) Although Ministry of finance Resolution dated 25t h July 2016 stipulates that 14.29% hike in the pay of Running Staff in the Railways be ensured, unfortunately, the same has not been complied with. The said hike has not been ensured. He requested the Chairman to kindly take appropriate initiative on the proposal sent by Ministry of Railways which is pending with the Ministry of finance. He also pointed out that the references made by different ministries to the DoP&T/MoF pursuant to the discussions held by the JCM Constituents with the respective Departments/Ministries are pending. He requested that speedy response be ensured by DoP&T/MoF. While concluding, the Leader, JCM (Staff-Side) expressed confidence that the NC/JCM meeting as well Standing Committee meetings will be convened regularly in accordance with the JCM rules for paving way for healthy industrial relations”.

(vii) The Staff-Side drew attention to the fact that since 1966 Joint Committees used to be set up for discussing contentious issues which has since stopped. References from the Departments are also remaining unanswered. The members of the Staff Side requested that DOP&T should take a view on all these issues as a number of them have not been settled. The Staff Side also requested that the duration of Standing Committee meetings should be extended so that all issues can be discussed and resolved quickly and the meetings should also be held every quarter.

(viii) The Staff-Side also pointed out that items of agenda sent by them are to be included, if it is found to be appropriate to be discussed. Since there had been permanent subcommittees under the Chairmanship of Secretary (Health) and (Pension), the agenda items pertaining to those two ministries can be referred to those two sub-committees. The sub-committees are to deliberate and report back to the Standing Committee for a final decision. They wanted the said procedure to be followed as the items sent by the Staff Side to the meeting contained many Pension and Health related issues.

(ix) Referring to the convening of the Departmental Council, the Staff Side said that the situation has not registered any significant improvement. They also pointed out that in the details provided; no dates of the last meeting held had been indicated. They pleaded that the Department of Personnel has to evolve a mechanism to monitor the functioning of the Departmental council.”

(x) In view of the ongoing ban on recruitment imposed by the Department of Expenditure, the staff are having to work long hours. This is despite the Task Force, set up by Ministry of Railways on safety-related matters, having suggested that additional staff be mobilized to ensure safety. Even the Hon’ble Prime Minister in his speeches has stressed the need for safety; but the Ministry of Railways have chosen to ignore.

(xi) Another point raised was about the instructions issued by the DOP&T following the assurance given to the Hon’ble Supreme Court in a contempt case which was said to have created a situation where the DPCs are not being held and the employees are retiring without getting promotion. It was stated that UPSC is also refusing to accept DPC proposals and insists that clarification from DOP&T may first be obtained. As a result promotions are not taking place and many officers have retired without promotion. The Staff-Side requested that necessary clarifications may be issued by DOP&T urgently so that DPCs can be held in the Departments.

4. Chairman, in his reply, said that no agenda points had been deleted and, in order to ensure that discussions are complete in a meeting, it was decided in consultation with the Secretary(Staff-Side) to limit the number of agenda points for today’s meeting. He further stated that if the Staff-Side insists that the remaining points which have been left out should also be taken up for discussion, they would need to be circulated to the concerned Departments in advance for their comments. He emphasized that the Government attaches the highest priority to the Staff-Side and the concerns expressed over the assurance given after the strike call would be conveyed to the concerned authority. On the issue of the Allowances Committee’s report not being shared with the Staff Side, the Chairman stated that the sentiment would also be conveyed to Ministry of Finance along with the concerns over pay revision etc.

5. After these opening remarks the Action-Taken-Note on the minutes of the last meeting held on 25.10.2016 was taken up for discussion.

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