National Council JCM Standing Committee to be held on 3rd May 2017 -
Confederation Items
ITEMS FOR THE NATIONAL COUNCIL JCM STANDING COMMITTEE TO BE HELD ON 3rd MAY
2017 - CONFEDERATION ITEMS.
Coms. K. K. N. Kutty, M. Krishnan and M. S. Raja will represent Confederation in the
Standing Committee meeting.
1. Removing the anomalous situation in the representation in the
JCM.
The JCM was set up as a machinery to enable the employees to hold
discussions with the Government and avoid confrontation and strike. At
the beginning all the non-gazette employees had representatives at the
JCM, National, Departmental and regional level Councils. However, in the
case of CSS and CSSS the Government had permitted even the Group B.
Gazetted officers at the level of the Section officers to have
representations both at the National and Departmental levels as a
special case taking into account the characteristics of their job
content. The classification of posts in Central Civil services underwent
change thereafter. The Class I, II, III and IV were assigned the
nomenclature of Group A B C and D. Later, the Department of Personnel
introduced Group B Non Gazetted as another category. They specifically
prohibited the Group B Non-gazetted category of officials from the
purview of the JCM. Most of them became Group B Non Gazetted due to the
assigning of higher scale of pay by the Successive Pay Commissions or by
the Government in appreciation of their representations. It could be
seen that there had been no change either in the level of
responsibilities or in the duties assigned to these categories. They
continue to do the job as was the case earlier i.e. at the time of
setting up of the JCM. Precluding them from the JCM scheme was therefore
not only untenable but also resulted in their grievances not being able
to be presented at the highest negotiating forum. After the 6th CPC
recommendations were accepted and implemented most of the grades and
cadres with the Grade Pay of Rs. 4200 and 4600 were classified as Group
B.Non-Gazetted. The entire Group D cadres were abolished and the
functions in most of the Departments were either outsourced or
contractorised. The reclassification of the erstwhile Group C Cadres as
Group B. Non Gazetted resulted in their having no representation in the
council. We, therefore, request that the matter must be reviewed to
ensure that the cadres and grades which had representation when the JCM
was initially set up is not taken out of the scheme. In other words, all
non-gazetted cadres must have representation in the JCM with the
special exceptions in the case of CSS and CSSS.
2.
Recognition under CCS(RSA) Rules, 1993. Inordinate delay in the grant of
recognition Streamlining procedure and fixing time frame for taking
decision.
The revamping of the recognition rules in 1993
resulted in the promulgation of the new rules. After procrastinated
discussions in the JCM, certain difficulties and problems emanating from
the new rules were sorted out. It was decided that all
Federations/Unions/Associations must seek fresh recognition under the
new rules. Procedure to ascertain whether an organsiation seeking
recognition does have at least the support of 35% of the members was
also evolved in the form of obtaining declaration from the members by
the respective organisation. The Department of Personnel was to approve
the constitution of one organisation in each department, and the
respective Ministries were to scrutinize the bye-laws and constitution
of the other organizations to ensure that the provisions of the
constitution so drafted is in consonance with the conditions and rules
laid down . It has been reported to us by many organizations that the
concerned Ministry/Department is taking enormous time to complete the
formalities and afford recognition. Specifically in the case of the
National Library Employees Association, Chief Controller of
communication, Department of Telecommunication and Directorate General
of Mine Safety Associations the recognition issue is pending for a long
time. We, therefore, request that the Department of Personnel may fix a
time frame for the grant of recognition. If the concerned
Association/Union is not entitled for the grant of recognition, the same
may be communicated to them in writing with the reasons for the
rejection.
3. Central Government health Scheme.
Empanelling of hospitals - streamlining the procedure to provide
in-patient treatment to the beneficiaries.
The demand
placed by the Staff Side earlier to set up CGHS hospitals at all CGHS
centres could not be acceded to by the Government due to the prohibitive
cost involved. The alternate method of empanelling and recognizing
private hospitals for the benefit of CGHS subscribers, who require
in-patient treatment, received the appreciation from all concerned.
However, the tendering procedure evolved and due to many other reasons,
the number of such hospitals in almost all centers except Delhi came
down very heavily and in certain places it was reduced to one or two at
the maximum. This apart, some of the recognized and empanelled hospitals
do not have even basic facilities to treat the patients. In certain
other cases, the hospitals which were recognized and were functioning
well and catering to the requirement of the CGHS beneficiaries refused
to entertain the patients as there had been huge pending bills, the
payment of which had not been received by them. To illustrate the point
further, we send along with this a Note we have received from the
Central Government Pensioners Association , Kerala. We, therefore,
request you to
(a) Ensure that each CGHS Centre five
private reputed hospitals are recognized for the purpose of general
treatment; The Government may hold bilateral negotiations on the basis
of a pre-determined norms.
(b) Recognize at least three
super specialty hospitals in each centre so that the patients who suffer
from chronic diseases, Cardiac problems and cancer related illness
could get immediate treatment without hassles.
(c) Some mechanism is
evolved that the bills are not allowed to pile up and the recognized
hospitals are made the payment within a fixed time frame.
4.
Payment of equal pay to equal work to the workers/employees engaged in
all Government officers either through contractors or directly as daily
rated/contingent/casual workers as per the direction of the Supreme
Court.
Please refer to the judgement delivered by their
Lordship in the Supreme court in Civil Appeal No. 213 of 2013 in the
case of State of Punjab Vs. Jagjit Singh and others. The Honourable
Supreme Court have cited the obligation of the Government of India to
abide by the International covenant on Economic , social and Cultural
rights 1966 to which the Central Government is a signatory. We reproduce
the provisions of Article 7 of the Covenant.
Article 7.
The States Parties to the present covenant recognize the right of every
one to the enjoyment of just and favourable conditions of work which
ensures in particular :
(a) Remuneration which provides all workers as a minimum, with:
(i) Fair wages and equal remuneration for work of equal value without
distinction of any kind, in particular women being guaranteed conditions
of work not inferior to those enjoyed by men, with equal pay for equal
work;
(ii) A decent living for themselves and their families in accordance with the
provisions of the present covenant;
(b) Safe and healthy working
conditions;
(c) Equal opportunities for everyone to be promoted in his employment
to an appropriate higher level, subject to no consideration other than
those of seniority and competence;
(d) Rest, leisure and reasonable
limitation of working hours and periodical holidays with pay as well as
remuneration for public holidays.
The Honourable Supreme Court has
also cited various Previous rulings and judgments of the Court under
Article 141 of the Constitution and directed the State of Punjab to
provide equal pay for equal work to all daily wage employees, adhoc
appointees, employees appointed on casual basis, contractual employees
and the like. In conclusion the Court has decided that all such
employees are entitled for wages at the minimum of the pay scale.
We,
therefore, request that the Government may issue explicit instructions
that the employees/workers engaged on casual/contingent/temporary/daily
rated basis including those through contractors are given the wages at
the rate of the minimum of the lowest pay scale and a scheme for
regularization of such appointees is drawn so that these employees would
be absorbed as permanent workers over a period of time.
5.
Extending the benefit of pension revision to the employees and
officials who are absorbed in the Central Public Sector undertakings.
In the case of Civil Servants who are initially on deputation to
Central Public sector undertaking but later absorbed in those
organsiations and who had drawn lump sum payment by commutation of their
central pension, orders are yet to be issued by the Government
extending the benefit of pension revision of 7 th CPC recommendation to
them. We request that the requisite orders may please be issued without
further loss of time.
6. Revision of Ex-gratia to CPF/SRPF (C)retirees.
In acceptance of the demand of the Staff side at the National Council,
JCM, ex-gratia payments were made to the CPF/SRPF© retirees. These rates
fixed in 1088 was revised on 1.11. 1997 and again in 2006. Presently
the rates are as under:
Group A. Rs. 3000
Group B. Rs. 1000
Group C. Rs. 750
Group D. Rs.
650.
Taking
into account the fact that pay and pension were revised on the basis of
the 7th Central Pay Commission’s recommendation a revision of rates of
the ex gratia to the CPF/SRPF© retirees whose number is dwindling every
day is warranted. We, therefore, request that the rates may be
appropriately revised applying the very same rationale adopted in the
case of civil pensioners.
7. Dispense with the practice of ignoring the fraction while computing the
Dearness allowance.
For the sake of easy computation of DA the practice of ignoring the
fraction was initiated. The quantum loss to the beneficiaries in the
beginning was meagre. Now that the administrative difficulties which
promoted for ignoring the fraction has been greatly eased due to
computerization and taking into account the loss for six months is no
more meagre, it is necessary that the practice is dispensed with. For
example, the next installment of DA is likely to be 2.95%whereas the
orders would be issued for grant of only 2% in the case of an employee,
whose basic pay is Rs. 50,000, the loss per month in that case would be
Rs. 475/-. It is pertinent to mention in this connection that in the
case of Bank employees, the practice of ignoring the fraction is not
followed. We, therefore, request that the DA hereafter be computed
without ignoring the fraction.
8. Include unmarried sister in the definition of family for family
pension.
The
scope of Family pension under Rule 52 of the CCS(Pension) Rules, 1972
was extended to the dependent disabled siblings (brother and sister) of
Central Government servants/pensioners vide DOP & pW O.M. No.
1/15/2008-P&PW (E) dated 17th August, 2009. There are cases wherein
an employee/pensioner remains unmarried and leaves behind dependent
unmarried sister/sisters. Though cases of such types may be few and far
between, nonetheless, such hapless ladies need to be taken care by the
Government lest they should be left to fend for themselves, after the
death of Government Servant/pensioner on whom they were fully dependent
before his/her death. We request to include dependent unmarried
sister/sisters in the definition of family for the purpose of family
pension.
9. Removal of conditions of being at the CHQ for a few days in a month to
claim the Transport allowance.
Transport
allowance was introduced as a compensation for those working in the
classified towns to meet the ever increasing conveyance expenses in
connection with the travel between office and residence. Employees had
to per force take accommodation in suburban areas as the cost of renting
houses had become prohibitive. However, it was not appreciated that
burden of the expenses had been more in the case of low paid employees
as the senior officers could afford houses within the city or were
provided with quarters nearer to their offices. Logically the higher
rates ought to have been recommended for the lower paid employees.
Initially there was a condition that those who were residing within one
KM from the office should not be entitled for transport allowance. This
condition was later removed. In many organizations, employees are
required to be in field formations on duty for months together. Viz.
Central Ground Water Board, survey of India, Geological Survey of India,
Indian Bureau of Mines, Postal workers and certain segment of the
employees of Indian Audit and Accounts Department etc. Because of the
condition stipulated that the employees must be at the Head Quarters for
certain number of days in a month, many of them are denied transport
allowance as the exigencies of work entrusted to them make them to be
away from H.Qrs for months together. The denial is, therefore, a double
punishment in as much they are to be away from their family and also are
asked to bear the financial loss due to the denial of transport
allowance. This apart, once the Transport allowance is denied they
automatically do not become entitled for City Compensatory allowance
also. We, therefore, request that this condition may be removed for the
grant of Transport allowance.
10. Fill up vacant posts. Restore the Regional level recruitment for lower
level categories of employees say Up to Level. 6.
We
refer to the 7 th CPC report, Chapter 3, Annexure 1.Page No. 40 and 41
Where the vacancies in different cadres in various departments of the
Government of India is indicated. This gives an alarming picture in
respect of certain departments. The situation has worsened thereafter
and the vacancies have piled up consequent upon which enormous workload
has been imposed on the existing employees and also increased the
outsourcing of various functions and contractor employment and engaging
daily rated workers. The Staff selection Commission, which is the
recurring agency for all Civil departments of the Government except the
Railways and Postal organizations, ( to some extent) had not been able
to cope with the task. This apart, the earlier practice of recruiting
personnel through regional level examination has now been dispensed
with. Because of all India recruitment especially for the lower level
posts, certain difficulties both administrative as also to the recruited
personnel have arisen. Those who are so recruited are often posted to
places outside their home states. They are to suffer financially and
socially. They find it difficult to cope with the strange situation in
an alien place. Since most of them are posted to lower level grades, the
remuneration is not good enough to meet the expenses in the place of
posting and help their parents financially. They seek transfer
immediately after joining creating administrative difficulties. They
turn out to be de-motivated workers, disturbed and become incapable of
giving their best to the task assigned to them. We, therefore, request
that steps may be taken to fill up all existing vacancies in the
Government service and resort to regional recruitment to the posts at
least up-to the level 6 so as to improve the well functioning of the
Governmental Departments.
11. Delegation of authority to the State Welfare Co-ordination Committee to
determine at least 5 holidays.
Of
the 17 holidays, the State welfare co-ordination Committee have
presently authority to determine only three holidays from the given
list. There are quite a number of holidays, which are State specific and
are nevertheless important to the residents of that State. While the
entire people of the State celebrate and observe those occasions or
festivals, the Central Government offices would remain open with no
customers visiting. Conversely, some of the all India holidays will have
no relevance to a particular State and the Central Government offices
on that occasion remain closed. To address this issue, we feel it would
be better if the Government of India increases the Number of holidays,
which could be determined from among the list by the concerned State
Welfare Co-ordination Committees. We, therefore, request that the number
of holidays to be chosen by the State Welfare Co-ordination Committee
may be increased from the present three to five.
12. Grant of revised option under the CCS (Revised Pay) Rules, 2016.
Under
the CCS(Revised Pay) Rules, 2016, officials are given option to come to
the new pay scale either on 1 st January, 2016 or any other date which
would be beneficial to them. The said option was to be exercised within
three month of the promulgation of the notification. Many of the
employees have exercised option without fully understanding the entire
gamut of benefit or loss. On fixation of pay as per the option, they
have faced objected from the concerned Zonal Accounts officers stating
that the fixation of pay has been erroneous. In a similar situation and
at the instance of the Staff Side, the government allowed the revision
of that option vide F/No. /14/2010/EIII(A) dated 5th July, 2010. We,
therefore, request that necessary orders may kindly be issued as was
done in 2010 allowing the officials to revise the option if such
revision is beneficial to them.
13. Transport allowance in the
case of Physically handicapped person at the double rate and deduction
of the same if one is on short leave. To be dispensed with.
Transport allowance is admissible for physically handicapped persons at
the double the rates as per the extant instructions on the subject. This
is provided for the reason that the physically handicapped person has
to take the help of another person to travel and reach the office.
However, if the physically handicapped person is on leave (EL, HPL etc)
proportionate amount of transport allowance pertaining to the helper is
deducted. Normally transport allowance is denied only when a person is
on Earned leave for a period exceeding one month. There appears to be no
rationale to deduct the proportionate amount of transport allowance
pertaining to the helper in the case of physically handicapped person.
Either a clarification may be issued to dispense with the practice if
the same has been initiated by the Zonal Accounts officers on an
interpretation of the rules. If the pertinent rule itself has to be
amended, the same may be done as no helper can be asked that he must
suffer and sacrifice the allowance because the physically handicapped
persons for some domestic reason could not go to office on a particular
day in a month.
14. DISCREPANCIES IN THE AMOUNT IN VARIOUS STAGES
IN THE PAY LEVELS OF PAY MATRIX INTRODUCED AS PER CCS (Revised Pay)
RULES 2016, CONSEQUENT ON IMPLEMENTATION OF 7th CPC RECOMMENDATIONS.
7th
CPC has recommended that the rate of increment will be 3% of the
Revised Pay and Govt. has accepted the recommendation. But, contrary to
this, in many pay levels in the pay matrix, annual increment is less
than 3%. Rounding of the increment to the nearest 100 rupees instead of
next 100 rupees resulted in working out of the increment to less than
3%. This also results in the employees drawing less pay for their entire
service and also drawing less pension after retirement for life. As 7th
CPC itself recommended that increment rate will be 3%, in any case,
increment should not be less than 3% at any stage. Hence to set right
the discrepancy, increment should be rounded off to the next 100 rupees
instead of to the nearest 100 rupees.
15. REMOVAL OF THE 3% CONDITION FOR GRANT OF BUNCHING INCREMENT IN THE PAY LEVELS
OF 7th CPC PAY MATRIX.
Under
the existing orders of the Finance Ministry the grant of bunching
increment to an official is subject to the condition that the difference
of higher pay and lower pay should not be less than 3% of the revised
basic pay. There is no logic in imposing such a condition for bunching
by the Finance Ministry. If the difference between the higher pay and
lower pay is less than 3%, it is not due to the fault on the part of the
employees. It is due to the faulty increment rate at each stage of the
pay level in the pay matrix , as the amount of increment is rounded off
to the nearest 100 rupees instead of the next 100 rupees. Hence it is
requested that the condition of 3% difference between the higher pay and
lower pay may be removed for grant of bunching increment.
16. IMPLEMENTATION OF THE SUPREME COURT JUDGEMENT ON "EQUAL PAY FOR EQUAL WORK"
IN ALL CENTRAL GOVERNMENT DEPARTMENTS.
The two judge bench of the Supreme Court in its landmark judgement
delivered on 20th October 2016 has held that the temporarily engaged
employees such as daily wage employees, adhoc appointees, employees
appointed on casual basis, contractual employees and the like are
entitled to minimum of the regular pay scale on account of performing
the same duties, which are discharged by those engaged on regular basis
against sanctioned posts. Action may be taken to implement the above
judgement in all central Government departments by extending the benefit
of "equal pay for equal work” to all similarly placed casual and
contract workers.
17. EXTENSION OF BENEFITS OF REVISED PENSION RULES -2016 IN RESPECT OF PENSIONERS
OF CENTRAL GOVERNMENT AUTONOMOUS BODIES.
Orders
revising the pension of Central Government pensioners was issued by the
Government in August 2016. But extending the same benefit to autonomous
body pensioners is yet to be issued, even though seven months are over.
It is requested that action may be taken for implementation of the
revised pension structure in respect of autonomous body pensioners also.
It may also be noted that one installment of Dearness Relief payable
from 01.01.2016 is also not yet paid to autonomous body pensioners, even
though the DA from 01.01.2016 is already paid to autonomous body
employees long back.
18. ENSURE PARITY IN PAY SCALE OF ALL
STENOGRAPHERS , ASSISTANTS AND MINISTERIAL STAFF IN SUBORDINATE OFFICES
AND IN ALL ORGANISED ACCOUNTS CADRES WITH CENTRAL SECRETARIAT STAFF BY
UPGRADING THEIR PAY SCALES.
The question of parity, as has been
rightly pointed out by 7th CPC , is a settled matter .It is the
Department of Personnel which is the Cadre Controlling department of
Central Secretariat Cadre that unsettle the parity every time. What is
required is to grant higher pay scale at par with Ministerial and
Stenographer cadres of Central Secretariat and the similarly placed
cadres in the field and subordinate offices and IA&AD and Organised
Accounts cadre.
19. GRANT OF ONE ADDITIONAL INCREMENT TO THOSE
OFFICIALS WHO RETIRE FROM SERVICE ON 30th JUNE AND 31st DECEMBER AFTER
COMPLETING ONE FULL YEAR SERVICE IN THEIR PAY SCALE.
As per the
existing orders , an official retiring from service on 30th June or 31st
December after completing one full year service are not eligible to
draw their next increment. on the technical grounds that on 1st July or
1st January which is the normal increment date, the official is not in
service or cease to be a Govt. servant. It is requested that, in such
cases, as the official has completed one year service, one additional
increment may be granted to the last pay drawn by the official.
20.
Counting OF PRE-APPOINTMENT INDUCTION TRAINING PERIOD AS QUALIFYING
SERVICE FOR GRANT OF FINANCIAL UPGRADATION UNDER MACP SCHEME.
As per
MACP orders "service rendered on adhoc/contract basis before regular
appointment on pre appointment training shall not be taken into
reckoning as qualifying service for financial upgradation under MACPS".
It is requested that pre-appointment induction training period followed
by regular appointment may be reckoned as qualifying service for grant
of MACPS, as it is already counted as qualifying service for the purpose
of increment.
21. ENSURE CASHLESS MEDICAL TREATMENT FACILITIES TO
ALL CENTRAL GOVERNMENT EMPLOYEES AND PENSIONERS IN ALL RECOGNISED
GOVERNMENT AND PRIVATE HOSPITALS.
22.REVISION OF OVERTIME ALLOWANCE AND NIGHT DUTY ALLOWANCE WITH EFFECT FROM
01.01.2016 BASED ON 7th CPC PAY SCALES.
23.REJECT
STIPULATION OF 7th CPC TO REDUCE THE SALARY TO 80% FOR THE SECONDLY
YEAR OF CHILD CARE LEAVE (CCL) AND RETAIN THE EXISTING PROVISION
24.
COUNTING OF LOSS OF PAY PERIOD (WITH OUT MEDICAL CERTIFICATE) AS
QUALIFYING SERVICE FOR GRANT OF FINANCIAL UPGRADING UNDER MACPS.
25.
ENHANCEMENT OF BONUS CEILING LIMIT OF CASUAL LABOURERS CONSEQUENT ON
ENHANCEMENT OF BONUS CALCULATION CEILING OF CENTRAL GOVT EMPLOYEES.
At
present , casual labourers are paid Rs. 1200 as maximum bonus. This
amount was fixed when the bonus calculation ceiling of Central Govt.
employees were enhanced to 3500. As the bonus calculation ceiling of
Central Government employees is enhanced to 7000, it is requested that
the ceiling of casual labourers may also be enhanced.
26.
NON-GRANT OF ELIGIBLE PAID WEEKLY OFF AND COMPENSATION FOR NATIONAL
HOLIDAYS TO CASUAL LABOURERS - c/o SALAR JUNG MUSEUM HYDERABAD.
In
spite of clear orders from DOP&T , the full time casual labourers
who are working in the Salar Jung Museum Hyderabad under Ministry of
Culture , are not being granted eligible paid weekly off and
compensation for National holidays. Necessary instructions may be issued
to the authorities concerned to implement DOP&T orders in letter
and spirit.
27. GRANT OF CORRESPONDING 7th CPC PAY SCALE TO THOSE
OFFICIALS WHO ARE APPOINTED ON COMPASSIONATE GROUNDS AND DRAWING
PRE-REVISED PAY (WITH OUT GRADE PAY) FOR WANT OF MATRICULATION
QUALIFICATION.
As per DOP&T orders , those compassionate
appointment candidates who do not posses 10th standard qualification are
to be appointed in the minimum pay scale (without grade pay) till they
acquire 10th standard qualification. The minimum pay of such candidates
fixed as per 6th CPC pay scale is yet to be revised. Action may be taken
to revise the minimum pay as per 7th CPC recommendations.
28. GRANT OF PAY SCALE OF DRIVERS OF LOK SABHA SECRETARIAT TO DRIVERS WORKING IN
OTHER CENTRAL GOVT DEPARTMENTS.
29.
REVISION OF THE RESTORED ONE - THIRD PENSION AND NOTIONAL FULL PENSION
OF CENTRAL GOVT EMPLOYEES WHO HAVE BEEN PERMANENTLY ABSORBED IN
AUTONOMOUS BODIES AND HAVE DRAWN ONE TIME LUMPSUM TERMINAL BENEFITS
EQUAL TO 100% OF THEIR PENSION AND HAVE GRANTED RESTORATION OF ONE
- THIRD COMMUTTED PORTION OF PENSION.
In the Pension revision
orders issued by Department of Pension & Pensioner's Welfare on 4th
August 2016, it is stated that the cases of the above mentioned category
of Pensioner's is not covered by the 4th August orders and that orders
for regulating pension of such pensioners will be issued separately.
Even though seven months are over, the orders revising the pension of
above category of pensioners is yet to be issued. Action may be taken to
expedite orders.
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