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 17 th 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
5 th 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.
