7th Pay Commission Granting of one more option to switch over to 7th CPC from a date subsequent to 25th of July 2016

7th Pay Commission

Granting of one more option to switch over to 7th CPC from a date subsequent to 25th of July 2016

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
13-C, Ferozshah Road, New Delhi - 110001

Ref.No.NC-JCM-2017/fin

August 29, 2019

To

The Additional Secretary (Pers)
Government of India,
Ministry of finance,
Department of Expenditure,
North Block, New Delhi.

Sub: Granting of one more option to switch over to 7th CPC from a date subsequent to 25th of July 2016.

Ref: 1) Minutes of National anomaly Committee Meeting held on Tuesday 17th of July 2018, circulated Vide DOP&T OM No. 11/2/2016-JCA-I (Pt.), dated 31st Jan. 2019.

2) This office Lt. No.C-JCM-2017/fin., dt: 5th March 2019.

The Staff Side of the National Council (JCM) is repeatedly representing to consider the demand for granting of one more option to switch over to the 7th CPC pay scales on a date which is beneficial to the employees. Vide our letter referred at (2) above, the reference of the Judgment of CAT Bombay Bench in OA No.45/12 pronounced on 29/06/2017 was also referred. In this Judgment the CAT has directed to grant him option to switch over to 6th CPC from a date which is beneficial to the employee, since he has agreed to surrender the arrears already drawn. This Judgment was also implemented by CGDA.

In the meantime, the aggrieved employees of Ordnance Factory Ambajhari under the Department of Defence production, Min. Of Defence approached the CAT Bombay Bench claiming for grant of one more option to switch over to 7th CPC pay scale. After 25/07/2016/ option to switch over to 7th CPC as on date on increment on 01/07/2016. The CAT after hearing the parties have given a direction to the respondents to consider the representation of the applicants keeping in view the aforesaid DOPT OM dated 08/07/2019, through which the minutes of the Standing committee National Council (JCM) was circulated and has directed the DOP&T to take a decision on the subject matter within a period of 6 weeks from the date of receipt of the copy of the Judgement.

Since the matter is getting unduly delayed the affected employees have started approaching to Court of law to get their grievance settled. This defeats the spirit of the JCM scheme. I therefore request you to kindly arrange to issue Govt. orders for revising the option to switch over to 7th CPC pay scale on the following two situations:

1) Option to switch over to 7th CPC to those employees who are promoted/granted MACP after 25/07/2016.
2) Option to switch over to 7th CPC as on date of increment on 01/07/2016.

‘In this regard kindly refer to ‘the illustration given in our letter dated 22nd March 2018. (copy enclosed for ready reference). We request you to kindly arrange to issue necessary instruction in this regard without further delay.

Thanking you,

Yours faithfully,

(Siva Gopal Mishra)
General Secretary

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

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. (Aco)

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 6 th 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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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

No.NC/JCM/2017

Dated: September 6, 2017

All Constituents of National Council (JCM)

Dear Comrades!
Sub: Brief of the meeting held today with the Cabinet Secretary, Government of India

Today I met the Cabinet Secretary (Government of India) and raised the issues pertaining to National Pension System (NPS), Minimum Wage and Fitment Formula, "Very Good" benchmark for MACPS and non-holding of meetings of the National Council (JCM).

The Cabinet Secretary said that, he is aware of the problems of the Staff Side (JCM) 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 is under active consideration of the Government of India and we are trying to find out some solution to the problems arisen because of the NPS.

The above is for your information.

 With Fraternal Greetings!

Sincerely yours

S/d,
(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)

Source : NCJCM

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Long pending issues of the Central Government Employees

Long pending issues of the Central Government Employees

No.NC/JCM/2017

Dated: September 5, 2017

The Cabinet Secretary,
(Government of India),
Cabinet Secretariat,

Rashtrapati Bhawan,
New Delhi

Dear Sir,
Sub:- Long pending issues of the Central Government Employees
Ref.: My earlier letter dated 30.06.2017

I have discussed the issues creating mental agony in the minds of the Central Government Employees many a times and once again want to draw your kind attention for resolution of many long pending demands of the Central Government Employees.

National Pension System (NPS) has been raised by the Staff Side (JCM) many a times, the committee set up by the Government of India for reviewing NPS has also submitted its report, but we are not aware about the outcome of the same. Staff Side(JCM) has been of the firm view that there must be "Guaranteed Pension" for the employees recruited on or after 01.01.2004, and in case of their death/permanent disablement, their families should get Pension as per Old Pension Scheme.

All the Central Government Employees are anxiously waiting for recommendations of the Government of India for increasing Minimum Wage and improving Fitment Formula and inordinate delay in this regard is creating lot of frustration amongst them.

It is, therefore, requested that, you may please intervene in the above-mentioned issues and the same should be resolved in an amicable manner to avoid mental agony of the Central Government Employees.

With Kind Regards!

Sincerely yours

S/d,
(Shiva Gopal Mishra)
Secretary (Staff Side)
National Council (JCM)

Source : NCJCM

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7th CPC Pension Calculation: Option-1 recommended by 7th CPC is rejected

7th CPC Pension Calculation: Option-1 recommended by 7th CPC is rejected

UPDATE ON STANDING COMMITTEE MEETING OF NATIONAL COUNCIL JCM HELD ON 03.05.2017.

Meeting of the Standing Committee of National Council (JCM) held on 03.05.2017. Only Action Taken Report (progress report) on old items discussed in the Standing Committee meeting held on 25.10.2016 was discussed from 3 to 7 PM.

The protest of the staffside regarding abnormal delay in implementation of revised allowances from 01.01.2016 , increase in minimum pay and fitment formula , Option -1 parity of Pensioners , revision of pension and grant of dearness relief to autonomous body pensioners etc was conveyed to Secretary , Department of Personnel who chaired the meeting. The proposed move to close down DGS&D was also raised.

To discuss the new items another meeting will be held shortly.

On behalf of Confederation Coms: K.K.N.Kutty , M.Krishnan and M.S.Raja attended. Cabinet has approved the parity in pension recommended by the Pension Committee constituted by Govt w.e.f.01.01.2016. (whether it is 5th CPC recommended parity can be confirmed only after seeing the orders).

It is confirmed that Option-1 recommended by 7th CPC is rejected.

M.KRISHNAN
Secretary General
Confederation.

Source: Confederation

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National Council (JCM)-Nomination/ re-nomination of the Staff Side on behalf of NFIR

National Council (JCM)-Nomination/ re-nomination of the Staff Side on behalf of NFIR

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

Rail Bhawan,New Delhi-110 001,
dated:27.03.2017

No.2008/E(LR)I/JCM 1-1
The General Secretary,
NFIR.
3. Chelmsford Road.
New Delhi - 110 055.

Dear Sir,
Sub: National Council (JCM)-Nomination/ re-nomination of the Staff Side on behalf of National Federation of Indian Railwaymen.

Ref: NFIR’s letter No.IV/NC/JCM/Part IV dated 19.01.2017.

Ministry of Personnel, Public &Grievances and Pensions (Department of Personnel & Training) vide their O.M.No.1/3/2008-JCA-1 dated 27.02.2017has since conveyed the approval of the Competent Authority to the nominations/re-nominations of the following representatives of National Federation of Indian.
Railwaymen as Staff Side members of National Council(JCM) on behalf of NFIR for a period of three (3) years with effect from 27.2.2017:

S/Shri
1. Guman Singh
2. M. Raghavaiah
3. R.P. Bhatnagar
4. K.S. Murty
5. J.C. Mahurkar
6. T.K. Chatterjee
7. B. C, Sharma
8. R.P. Singh
9. P.S.Suriyaprakasam
10. Ashok Sharma
11. Munindra Saikia

yours faithfully
(D.Mallik)27/3/2017
Director, Esst(IR)

Signed copy

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Second Meeting of Group of Senior Officers to discuss the grievances arising out of recommendations related to 7th Central Pay Commission

Second Meeting of Group of Senior Officers to discuss the grievances arising out of recommendations related to 7th Central Pay Commission

STANDING COMMITTEE STAFF SIDE MEETING AT 11:30 AM ON 24th OCTOBER 2016 AND STANDING COMMITTEE MEETING WITH GROUP OF SENIOR OFFICERS AT 04:00 PM ON 24th OCTOBER 2016.

All Standing Committee Members
of the National Council (Staff Side) JCM

Sir,

I am directed to enclosed herewith a letter No. 30-4/2016-IC dated 21.10.2016 from Ministry of Finance, Department of Expenditure (Implementation Cell) for your kind information please

And your kind attention is invited to this office mail dated 11.10.2016 now it has been decided to hold Internal Meeting of the Standing Committee members of the National Council (Staff Side) JCM at 11.30 AM in place of 3.30 PM on 24th October 2016 in JCM Office.

You are requested to kindly make it convenient to attend the meeting on the date and time mentioned above.

Thanking you

Yours faithfully,

(Shiv Gopal Mishra)

No.30-4/2016-IC
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
Department of Expenditure
(Implementation Cell)

Room No.215, Hotel Ashok,
Chankyapuri, New Delhi,
Dated: 21.10.2016

To
Shri Shiva Gopal Mishra,
Secretary,
National Council (Staff Side), JCM
13C, Feroz Shah Road,
New Delhi

Subject: Second Meeting of Group of Senior Officers to discuss the grievances arising out of recommendations related to 7th Central Pay Commission - regarding.

I am directed to refer to this Department’s letter of even number dated 17th October 2016 and to inform that the meeting under the Chairmanship of Additional Secretary (Expenditure), Department of Expenditure, Ministry of Finance, which was scheduled for 24th October 02.00 PM will now be held at 04.00 PM on the same i.e. 24th October 2016 in Room No.72, North Block, New Delhi to discuss the grievances arising out of the recommendations of the 7th Central Pay Commission and their implementation.

2. All other contents of the letter remain the same.

3. You are also requested to send the names of the members of Standing Committee of National Conucl (Staff Side), JCM who will be attending the aforesaid meeting by todays evening.

Yours sincerely,
sd/-
(Abhay N.Sahay)
Under Secretary (IC)

Source: Confederation

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Anomaly Committee of the National Council (JCM) to settle the anomalies arising out of the implementation of the Seventh Pay Commissions recommendations

Anomaly Committee of the National Council (JCM) to settle the anomalies arising out of the implementation of the Seventh Pay Commissions recommendations

F.No.11/2/2016-JCA-I
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department oaf Personnel & Training
JCA Section

*****************

North Block New Delhi
Dated the 9th September, 2016.

OFFICE MEMORANDUM

Anomaly Committee of the National Council (JCM) to settle the anomalies arising out of the implementation of the Seventh Pay Commission's recommendations

In accordance with the instructions contained in this Department's OM of even number dated 16th August 2016, it has been decided to set up, as indicated below, the Anomaly Committee of the National Council (JCM) consisting of representatives of the Official Side and the Staff Side to settle any anomalies arising out of the implementation of the Seventh Central Pay Commission's recommendations: -

OFFICIAL SIDE 1. Secretary, ........ Chairman Deptt. of Pers. & Training. 2. Member (Staff), Railway Board. 3. Secretary, Department of Telecommunication. 4. Secretary, Department of Posts. 5. Financial Adviser, (Ministry of Defence. 6. Joint Secretary (Pers), Ministry of Finance. 7. Joint Secretary (Estt.), Deptt. of Personnel & Training. 8. Joint Secretary (CPC), Deptt. of Personnel & Training 9. Deputy Secretary (JCA), Deptt. of Personnel & Training Member- Secretary.

STAFF SIDE 1. Shri Rakhal Das Gupta 2. Shri Shiv Gopal Mishra 3. Shri Ch. Sankara Rao 4. Shri J.R.Bhosle 5. Shri M Raghavaiah 6. Shri Guinan Singh 7. Shri R.P.Bhatnagar 8. Shri K.S. Murty 9. Shri K.K.N.Kutty 10. Shri R.Srin)Visan 11. Shri C.Srikumar 12. Shri M.Krishnan 13. Shri M.S. Raja

2. The working of the Committee would be in terms of the conditions laid down in this Department's OM dated 16th August 2016 mentioned above.

(D.K. Sengupta)
Deputy Secretary to the Government of India

Source: ccis.nic.in

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Brief of the meeting held today between the Government of India and the National Council JCM Staff Side

Brief of the meeting held today between the Government of India and the National Council JCM Staff Side

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/2016

Dated: August 30, 2016

All Constituents of National Council(JCM)
Dear Comrades!

Sub: Brief of the meeting held today between the Government of India and the National Council (JCM) (Staff Side)

The Government of India has constituted a committee, under the Chairmanship of Addl. Secretary(Exp.) with J.S.(Pers.), JS(Estt.) and JS(Imp.) as members, to deal with the pending issues of our memorandum, submitted to the Empowered Committee, of which prominent are “Minimum Wage and Multiplying Factor”.

The first meeting of the said committee with the National Council(JCM) Staff Side was held today, i.e. 30th August, 2016, which remained almost introductory. Apart from the Official Side members, Shri M. Raghaviah, Shri M.S. Raja and I myself (from the Staff Side JCM) attended the said meeting.

We raised vehemently the issues of “Minimum Wage and Multiplying Formula” and made them very clear that; the VII CPC has accepted Dr. Aykroyd Formula for fixing Minimum Wage, but has not implemented the said formula in full sense, so, that is not acceptable to the Staff Side(JCM), therefore, Minimum Wage from Rs.18000 must be enhanced and accordingly Fitment Formula should also be changed.

It was agreed by the committee that, since we are again meeting on 1st September, 2016 with the Committee on Allowances, the next meeting of the said committee will be fixed in consultation with the Staff Side(JCM).

Thereafter, we also met the Cabinet Secretary(Government of India) and there also we shown our anguish about the inordinate delay in resolving those issues which were agreed to. The Cabinet Secretary said that, orders for the gratuity have been issued for the NPS covered employees, and orders for the PLB and arrears have also been issued. Many of the issues raised by the Staff Side(JCM) have been accepted and implemented and the remaining issues would also be pursued and settled.

Comradely yours,
sd/-
(Shiva Gopal Mishra)
Secretary (staff side)
NC/JCM & Convener

Source: www.ncjcmstaffside.com

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National Convention of all Central Government Employees (Railway, Defence & Confederation) on 11.12.2014 at New Delhi

JCM Staff Side leadership has decided to organize a National Convention of all Central Government Employees (Railway, Defence & Confederation) on 11.12.2014 at New Delhi.

JCM STAFF SIDE NATIONAL CONVENTION ON 11TH DECEMBER 2014 AT NEW DELHI.
WILL DECLARE JOINT PROGRAME OF ACTION ON CENTRAL GOVERNMENT EMPLOYEES COMMON DEMANDS

JCM Staff Side leadership has decided to organize a National Convention of all Central Government Employees (Railway, Defence & Confederation) on 11th December 2014 at New Delhi from 12 PM to 4 PM. Convention will adopt a joint resolution on the common demands of the Central Government Employees viz; Merger of DA, Interim Relief, Inlcusion of GDS under 7th CPC, Scrap New Pension Scheme etc and will declare joint programs of action.

Further details regarding number of delegates to be participated from each affiliated Organisation & State C-O-Cs of Confederation will be published shortly.

Source: www.confederationhq.blogspot.in
[http://confederationhq.blogspot.in/2014/10/jcm-staff-side-national-convention-on.html]

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