Thursday, 28 June 2018
Wednesday, 27 June 2018
DOPT ORDER – CHILD CARE LEAVE
No.13018/6/2013-Estt.(L)
Department of Personnel & Training
Estt.(Leave) Section
Estt.(Leave) Section
JNU Old Campus, New Delhi
Dated: 22.06.2018
Dated: 22.06.2018
OFFICE MEMORANDUM
Sub: Child Care Leave – reg
The undersigned is directed to say that it has now been decided that the limit of 22 years in case of disabled child for the purpose of Child Care Leave under the provisions of Rule 43-C of the CCS (Leave) Rules,1972 has been removed. It has also been decided that Child Care Leave may not be granted for a period less than five days at a time.
2. These orders shall take effect from 13.06.2018.
3. Formal amendments to the relevant provisions of Rule 43-C of Central Civil Services (Leave) Rules, 1972 have already been issued vide Notification dated 13.06.2018.
4. Hindi Version will follow.
(sunil Kumar)
Section Officer
SIGNED COPYSection Officer
SCRAP NEW CONTRIBUTORY PENSION SCHEME AND RESTORE OLD DEFINED BENEFIT PENSION SCHEME TO ALL EMPLOYEES.
DECLARATION.
1. This
convention declares that restoration of the Defined benefit pension scheme to
all Central Government employees irrespective of the date of their entry into
Government service is the paramount amongst all issues and demands of the
Central Government employees included in the annexed charter of
demands. The struggle against the New contributory pension scheme
introduced by the Government in 2004 must be incessant till the Government
agrees to withdraw the same and restore the defined benefit pension scheme for
all civil servants in the country. The Contributory pension
scheme was the product of the neo-liberal economic policies pursued by the
successive Governments that came to rule since 1991. It was
conceived, formulated and imposed at the instance of the International Monetary
Fund and the World Bank combine to ensure free flow of funds to the corporate
entities to enable them to maximise profits. The Confederation of Central
Government Employees and workers and no doubt the All India State Government Employees
Federation realised right at the beginning its pernicious impact and demanded
its withdrawal. In the declaration that was adopted in the joint
convention of the two organisations, it was clearly pointed out that the very
purpose of the new scheme was not to arrest the financial outflow of the
Government as has been made out both by the Government and the IMF but
only to help the corporate to access easy funds. Never had been such a naked
attempt in the past on the part of any Government to compel the employees to
subscribe to a fund whose benefits to the subscriber were not defined.
In the beginning, a section of
intellectuals in the society, the rulers, a predominant segment of the people’s
representatives, the top echelons of the bureaucracy; even some trade union
leaders and their organisations eulogised the scheme projecting the
never-existant benefits to mislead the workers and the public at
large. While presenting the proposal before the Parliament, the
Government in fact misled the house to inform them over the benefits the
Government might reap due to lesser financial outflow for meeting the pension
entitlements of the Civil servants. Initially it was a lone voice
emanated from the joint platform of the Confederation of Central Govt.
employees and the All India State Govt. employees Federation against this ill
-conceived proposal of the Government of India- a lone voice for a right cause.
Various programmes of actions were chalked out and carried out under the
auspices of the joint platform of Confederation and AISGEF including a one day
strike on 30th October, 2007. However, the then UPA
Government stuck to its position and introduced the PFRDA bill in the
Parliament and ultimately they could get it legislated with the support of the
BJP which was in opposition then. In the background of the well reasoned
submissions made by the Confederation and AISGEF the Government appointed
Committees and Commissions to go into the matter, which had been loaded with
self serving bureaucrats. Most of these commissions sang what the political
masters wanted to hear except the one appointed by the 6th CPC. Dr.Gayatri’s
report was categorical that the Government will have to bear in fact additional
financial burden for the next 35 to 40 years due to the introduction of the New
Contributory pension scheme. The bureaucrats also began to realise the reality
later. The employees, nay all subscribers, to their
dismay found that the new Pension system is in fact a No pension
system. The oft-repeated argument that it was necessary to arrest
the accelerated financial outflow from the exchequer was established to be
false in the face of Dr. Gayatri’s report. Crores of rupees from the State
Treasury and the poor employees’ contributions went to enrich the corporate
houses through the stock market and mutual funds. The young
comrades, who were recruited after 1.1.2004, who were compulsorily made to be
the subscribers of the New Contributory Pension scheme found fault with not
only Government but some of the leaders of the Trade Union movement of Central
Govt. Employees. In sum, this is the present scenario. What this
convention declares is to fight against this new scheme – together or alone -
It is an uncompromising war to ensure that the present contributory pension
scheme is scrapped lock stock and barrel and the erstwhile defined benefit
pension scheme is brought back to cover all Government employees.
2. The
wage revision of Central Government employees is periodically effected through
the system of setting up of Pay Commissions. The 7th Central
Pay Commission came into existence after the Confederation conducted a series
of programme of actions culminating in a one day strike on 12thDecember,
2012 and two days strike on 13th and 14th February,
2014. The recommendations of the Commission was so disappointing
that all organisations participating in the JCM came together to form a
National Joint Count of Action to spearhead agitations. The NJCA
decided to go on indefinite strike from 11th July, 2016 onwards. What
which irked the employees was the way in which the Commission went ahead with
doctoring the formula for fixation of the Minimum wage and consequent fitment
proposition. While the proposed strike action was gathering momentum,
the Government opened its doors for negotiations. To facilitate a
negotiated settlement, the NJCA accepted the proposal of the Government to set
up a Committee to go into the matter of Minimum wage and fitment formula and
revise the same within the course of four months. However, as is the
case with this Government, they refused to honour the commitment which they
made on 30th June, 2016, when the heat of the struggle got
dissipated. The Govt. has now gone on record through a written
answer to a question raised in the Parliament to state that the revision of
minimum wage and fitment formula was no more in their agenda for
consideration.
There had been wide and varied criticism
over the decision taken by the NJCA leaders to defer the strike action
scheduled to take place from 11.7.2016 onwards on the basis of the “unmeant”
assurance held out by the Government. Many of the allegations
levelled emanated from the trust deficit, the employees and pensioners had over
the political authority of the Government, the BJP. The surprisingly strident
criticism was due to the widely prevalent perception of the political players
at the helm of affairs of the country. They could not have been possibly
faulted, for chicanery had been employed on quite a number of occasions earlier
by the ruling party. It was not that the NJCA leadership was unaware
of the character and characteristics of those in governance but they had to be
driven by the mass front compulsions. The present ruling coalition
was fully aware of the ground reality that was prevalent among the mass of the
middle class employees and tactically decided to defer decision on the vital
demands of the CGEs to create an illusion amongst the common
workers. They had been able to sustain that illusion, mainly
because of the in-cohesiveness amongst the various organizations of the CGEs
and the sheer unwillingness on the part of a few to tread the struggle path.
Now that the reality is revealed, the moot
point is what must be the response. The common multitude of the employees irrespective
of the organizational allegiance wants the issue to be
confronted. In the absence of any preparation for a tangible
response, there is every possibility of the matter facing a natural death. The
Government with their fine propaganda machinery has been so far
successful to create an impression that civil servants of the country are
better placed in terms of salary and allowances and the Government had done
well in accepting and implementing the suggestions of the 7th CPC. The
employees’ organisations have not been able to successfully combat or counter
this palpably misguiding or mal-propaganda based on untruth.
Having failed to get the support of the
dominant organisations in the NJCA, the Confederation, true to its ideology,
called upon its members to organise a series of programmes including
Parliament March, Mass dharna in front of Finance Minister’s office, human
chain at all centres, burning of HRA orders, Mass dharna at district and state
levels culminating in a one day strike. The strike that took place
on 16.03.2017 elicited the unprecedented response of the largest number of its
members. The propaganda unleashed against the Confederation,
especially by those who chose to keep silence over the dilly dallying tactics
of the Government was that the Confederation was acting upon mere
perception as the Government has never stated that it would not
honour its commitment. The present unambiguous statement laid on the
table of the Parliament by the Government in the matter makes the chicanery
officially confirmed. Those who prefer to choose silence even now must
understand that their silence will only strength the cloud of doubt that arose
on 30th June, 2016.
What more excuses will come to the
rescue of those organisations is difficult to fathom.
The Convention expresses the firm view that
the employees must react in a very serious manner to the despicable
machinations of the Government.
3. The
rate of unemployment in the country has been on the increase ever since the new
economic policies were sought to be implemented. Not only no new
industry could be established, the maximisation of profit mantra sapped all
regular employment opportunities in organised sector. A sizeable segment
of the jobs in the organised sector was informalised. The regular
workers were replaced by contract labour. In some of the industries,
the entire enterprise was contracted out, the management retaining a very few
supervisory or managerial positions. Presently in all big industrial
undertakings in the country, majority of the workforce are either contract
workers or workers engaged on daily rated basis. The Government not
only encouraged the anti-labour practices but also adopted the same policy in
the fully owned public Sector undertakings as also in the Government
Departments. There had been very little job opportunities created
during the last two and half decades except in the Service
Sector. Whatever job opportunities were created in the so called
special economic zones, the denial of trade union rights to the workers ensured
that they were no better than contract workers. Governmental Sector
witnessed the return of casual and daily rated workers, a system which was in
vogue in the early 50s but was forced out through constant trade union struggles. The
VI-CPC had recommended the abolition of Gr. D. posts numbering about 9.4
lakhs. In para 3.7.7 the Commission has observed that:
"Increasingly basic work relating to
cleaning, sweeping, maintenance etc. is being outsourced. This is a welcome
trend that needs to be encouraged by bringing about systematic changing in the
existing scheme so that the employees in Govt. are only utilized for requiring
a certain levels of skills".
Majority
of the functions presently carried out by the Gr. D. employees across the board
is unskilled. What had actually been done by the Commission is to abolish
the unskilled functions in the Governmental sector to pave way for more and
more contractorisation of these jobs while the existing employees (whose
working strength has become less than 50% of the sanctioned strength) might be
classified as Gr.’C. and assigned to do functions which are of skilled nature
with lesser emoluments than what it could have been even as per the V-CPC
recommendations. In the days to come the unskilled nature of jobs would
be either outsourced or would be contractorised. Recruitment will
hereafter become unavailable in the Governmental sector for those who are in
the lower strata of the society who could not afford or who are not provided
even the primary education even though the universal primary education is
stated to be the objective and goal of a welfare Government. In fact they
are being punished as the Government abdicated its responsibility to provide
them the nascent requirement of primary education. The recommendation is
therefore, a by-product of the neo-liberal economic policies which we have been
fighting against all these years. As has been
feared, the Government has now decided to ensure that all unskilled jobs are to
be contractorised. The guidelines issued by the Department of
Personnel for the Multi-tasking staff makes it mandatory that the future
recruitees in Government service must have a minimum educational qualification
of Matriculation. The recruitment will be done through the Staff
Selection Commission. These personnel may not be deployed for the
unskilled jobs like sweeper, farash, Mali, watchmen etc. The
Department of Personnel has already advised all concerned to go in for
contractorisation of these functions. The workers so recruited by the
contractors are not to have any job security as they will be liable for
termination without assigning any reason whatsoever. As per the information
now made available at the floor of the Parliament, the number of contract
workers engaged by various public sector undertakings and Governmental
organisations is 21,12, 715.
In
the background of the continuing ban on recruitment, many of the Government organisations
have resorted to outsourcing of their functions which are of permanent and
perennial nature to agencies on fixed rates. The very fact that the
Government has made available funds for the Departmental heads to resort to
outsourcing establishes the intention of the Government. The
functions being carried out by the Group C employees and the Group B Non Gazetted
officials are liable to be outsourced. Once the outsourcing becomes
hassle free, there will be no likelihood of any fresh creation of posts in
these cadres. The large scale computerisation has helped the
outsourcing as a feasible proposition.
The
Government has now issued instructions to abolish all posts which were lying
vacant for the past five years. Innumerable number of posts, in fact about 50%
of the sanctioned strength, are lying vacant for the simple reason that the
recruiting agency had not been able to provide the requisite number of
qualified/eligible candidates. This again was a predetermined
design. In a very short period of time, the recruitment to Group C cadres and
Group B cadres would be halted. Since there is no recruitment
possible for Group B Managerial posts, most of the Departments will be left
with officers recruited through the civil service examination and a few
employees hired on contract basis.
4.
Another important issue is the atrocious decision taken
by the Government in the matter of pension revision, which has affected
adversely lakhs of Central Government Pensioners. In the memorandum, the
contours of which were finalized in a convention held at Chennai where the
representatives of almost all pensioners’ organisations took part, the point
that was stressed with utmost importance was the need to bring about parity in
pension entitlements between the past and present pensioners. During the oral
evidence presented before the 7th Central Pay Commission, to
whom the memorandum had been submitted, the question of parity was thoroughly
deliberated. Though the representatives of the Pensioners
Associations and Federations did not make any concrete suggestion as to the
methodology to remove the existing disparity in the pension entitlements, they
no doubt presented the reasons and causes for such disparity. Taking into
serious consideration of the submissions of the Pensioners
Associations/Federations and more so what was submitted by the Staff Side of
the JCM, the Commission realizing the enormity of injustice being meted out to
the senior pensioners, made a suggestion which is now commonly known as the
Option No. 1. The Commission recommended to the Government two methodologies to
be employed as pension revision formula, option of which is left to the
individual pensioner. He or she was entitled to choose either of the
option depending upon the financial benefits. The whole pensioner
community considered this recommendation of the 7th CPC as the
best way of resolving the issue and bring about parity between the past and
present pensioners. There had been all-round criticism of the
overall recommendations of the 7th CPC from the employees but
every single individual employee or organisation appreciated the formulation
made by the Commission in respect of Pensioners.
However, at the instance of the Pension
Department, the Government while accepting this recommendation made a
subjective clause. The acceptance of the recommendation was
subjected to the feasibility of implementation for which the Government
constituted a committee under the Chairmanship of the Secretary,
Pension. As it is natural, the Committee headed by the Pension
Secretary found the recommendation “infeasible” for the simple reason that in a
few cases, the relevant records would not be available with the
Government. The Service records of an employee or pensioner is
supposed to be maintained by the Government. How can the individual
pensioner be punished for the mere fault of a Government department was the
question the pensioners and staff side raised before the Committee, which went
unanswered. The Committee suggested another methodology as the
pension fitment formula. The Pensioners representatives and
the Staff Side of the JCM had no objection to the said formula for that was to
benefit some of the pensioners, including the top echelons of the
bureaucracy. However, they requested that the Committee’s
suggestion might be treated as the third option to be applied whoever wants it
or in whichever case the records are not available. The suggestion
made by the staff side was rejected as also the Option No.1. It was pointed
out that rejection of a claim on the specious ground that the records are not
available with the Government is legally untenable. In all
such cases, the Government does have the option to obtain a solemn affidavit
from the claimant, a practice followed by the Governments throughout the world.
The irony is that such decision was taken by the Government whose Finance
Minister is a legal luminary. What is established
without an iota of ambiguity is the Government’s overdependence on the
self-seeking bureaucrats, who had an axe to grind in rejecting Option No. 1 and
the utter insensitivity of the political authority towards the concern of the
common people even if they are senior citizens.
5. Wage
revision of Grameen Dak Sewaks is a classic example of this Government’s
attitude towards workers, especially those in the lower rung of the hierarchy. Grameen
Dak Sewaks, formerly known as the Extra Departmental Agents is the innovative
exploitative system evolved by the British Colonial rulers to spread the postal
communication to rural India. Appointed as agents who were authorised to use
the Postal seal as a mark of official status were entitled either for a
commission or a honorarium. The Government that came into existence
in free India found the system convenient and cheap and decided to
continue. Through incessant struggles, the Postal workers tried to end
this unsavoury system of employment and they had been quite successful in
raising their status and emoluments. Through a series of struggles
organised mostly under the leadership of the National Federation of Post and
Telecom Employees and later under the banner of the National Federation of
Postal Employees, the Grammen Dak Sewaks marched ahead. The very
word Grameen Dak Sewaks was in recognition of the demand that the British
system must come to an end. Despite near total unanimity over the
need to end this system once and for all across the political system, none has
dared so far to raise them on par with the organised segment of the working
class. They are still considered as casual workers having no benefit
of the regular postal employees and are denied the retirement benefits. It was
the Talwar Committee which really went into the hopeless living and working
conditions of the GDS and made recommendations which if accepted would have
changed the scenario. Many of their recommendations, which were meant to
raise the standard of living of the employees, were not acted upon at
all. In the wake of the setting up of the 7th CPC,
the Confederation of CGE and workers demanded the Commission to treat the GDS
on par with the regular Government Servants. The Commission
Chairman, Shri Ashok Mathur, a retired Supreme Court Judge however, did not
agree. Had he been able to take a decision on this vital question of their
status their case for wage revision could have been covered by the 7th CPC
itself. The Government then appointed the Kamalesh Chandra Committee to look
into their issues and demands. Retired as a postal bureaucrat, Shri Kamalesh
Chandra was fully aware of the exploitative system. No doubt many of the
recommendations of Kamalesh Chandra Committee was in favour of the GDS
employees and if accepted will improve the service conditions. The
Committee did not address the issue of status under the garb that the same was
under the judicial scrutiny. The report was in the consideration of the
Government for the past 18 months.
The indefinite strike action of all GDS
Unions which commenced on 22nd May, 2018 asking the
Government to take a final decision on the recommendations of the
Kamalesh Chandra Committee with the full support and even
participation of the regular Postal employees, elicited solidarity action from
all sections of the working class in the country, especially from the Central
Govt. Employees. The Government dragged the strike for 16 glorious
days. Despite their best efforts, the Government or the Postal
Department could not break the unity of the Unions and Associations of the GDS
employees throughout the long 16 days strike period. The arrogance on the part
of the political authority was the one and only reason that the matter was
allowed to be delayed for more than 18 months. The glorious strike
of the GDS Employees which went on 16 days has the total participation of the
GDS employees and the Government thoroughly failed in all their attempts to
break that solid unity. Ultimately the Government has to come down
and approve the major recommendations regarding wage rise of the GDS. The GDS
Unions deserve the accolade from all for organising such a great strike action.
6. The
attached charter of demands includes many other issues which are pending
settlement for many years. They include inter alia, the removal of
the ceiling on compassionate appointments; regularisation of casual, contract
and daily rated workers, filling up of vacant posts; equal pay for equal work;
rescinding the decision to close down the Printing presses; five promotions in
the service career; recognition of Unions/Federations; regular functioning of
the JCM; removal of the provisions of Rule 56.J; grant of wage /pension
revision benefits to employees of autonomous bodies etc. etc.
The Convention declares that the employees
who are members of the organisations affiliated to the Confederation will
embark upon a series of programmes of action detailed hereunder culminating in
a one day strike action on 15th November, 2018, on which date,
the All India State Government employees will also be on a day’s strike in
pursuance of their charter of demands. As it is the desire
of the participants of this Convention that the strike action must
have the largest possible participation of the workers in the country, the
National Secretariat of the Confederation is directed to take steps
to synchronise the date of action with similar action organised by the
Unions/Federations under the auspices of the Central Trade Unions.
Resolution adopted in Central Govt.employees Convention
The National convention of representatives of Federations/Unions/Associations
affiliated to the Confederation of Central Government Employees and workers’
held at Hyderabad on this day the 10th June, 2018 hereby
unanimously resolves to adopt the following declaration and carry
out the programmes of action detailed in the Annexure to
this resolution to pursue the charter of demands incorporated in the
declaration .
This
convention firmly believes that the non-settlement of the demands of the
Central Government employees by the present NDA Government at the centre is the
product of their sheer unwillingness as they know that conceding of
the just and genuine demands of the employees will derail the neo-liberal
policies, the intensive continuance of which
the Government is committed.
This
convention is extremely concerned over the increasing unemployment,
joblessness, impoverishment, agrarian crisis, rural distress, farmers suicide
and the every widening inequalities in income and wealth under the new economic
policies pursued by this Government. The Government in the
last four years in adherence to their policies had been handing over
the Nation’s wealth, viz. Land, forest, mines, water bodies and
public sector enterprises including vital Defence establishments to
foreign multi-national corporations. Discarding the time tested
foreign policies the Government had been embarking upon becoming a
junior partner of the US imperialism and supports every untenable action of the
Trump Administration. This convention condemns in the
strongest terms, the attempt on the part of the Government to bring
in a labour code to take away all welfare measures provided to the working
class and to facilitate and promote “ease of doing business” for the corporate
entities. This convention deplores and denounces the attack on
minorities, dalits, adivasis and working people to terrorise them.
The
convention notes the dastardly methods employed by certain groups in the
society with the tacit support of those in authority to drastically divide the
society affecting the cohesive co-existence of different sections of the
people. They had been creating a fear psychosis
amongst the people. The disruption of the secular
social fabric is conceived to ensure that no united and strong force emerges
and to create insurmountable difficulties in bringing about working class
unity. It has become clear, that the panacea for
the ills that has now been inflicted upon the Indian society and
polity is to effect a significant change in the governing policies. The
convention has noted that forging a joint platform of all the working people
with the intent of organising incessant struggles cannot, therefore, brook
any delay.
The
Convention happily notes that the All lndia State Government
employees Federation have come to the same conclusion and are willing to be
partners in the venture to oppose the economic policies of the present
Government and are agreeable to synchronise their strike action with the
decision of this convention. The Convention taking into account the
views of the All India State Government Employees Federation, decides to
organise a country wide strike on 15th November,
2018.
The Convention
directs the National Secretariat of the Confederation to be in touch with the
leaders of the Central Trade Unions and other Industrial Federations to explore
the possibilities of organising a strike action in the month of November, 2018
and authorise them to make necessary changes in the date to ensure
the widest possible trade union action.
This
convention realises the need and necessity of complete extermination of the
present neo-liberal economic policies of the Government if workers are not to
be reduced to permanent serfdom; and to ultimately bring about an
egalitarian society. With this objective, the convention adopts the following
declaration and appeal to all members of the organisations affiliated to the
Confederation to carry out the programmes of action with courage and conviction
so as to generate sanctions and consequent change in the approach and policies
of the Government.
CHARTER OF DEMANDS OF CENTRAL GOVT. EMPLOYEES
(adopted
by the National Convention held at Hyderabad on 10-06-2018)
1. Scrap
New Contributory Pension Scheme. Restore old defined benefit Pension Scheme to
all employees.
2. Settle
7th CPC related issues including increase in Minimum Pay and fitment formula,
HRA arrears from 01-01-2016, MACP Bench Mark, promotional hierarchy and date of
effect from 01-01-2006, Option-I for pensioners and anomalies arising out of
implementation of 7th CPC recommendations.
3. Fill
up all vacant posts. Reintroduce Regional Recruitment for Group B & C
posts. Withdraw orders for abolishing posts lying vacant for more than five
years. Revive all posts abolished during 2001 to 2008 under Annual Direct
Recruitment plan as per May 2001 orders of former NDA Government.
4. (a) Regularisation
of Gramin Dak Sevaks and grant of Civil Servant status. Implement remaining
positive recommendations of Kamalesh Chandra committee report.
(b) Regularise
all casual and contract workers including those appointed on or after
01-09-1993.
5. Ensure
equal pay for equal work for all. Remove disparity in pay scales between
Central Secretariat Staff and similarly placed staff working in field units of
various departments.
6. Stop
closure of Govt. establishments and outsourcing. Withdraw closure orders of
Govt. of India Presses. Stop proposed move to close down Salt department. Stop
FDI and privatisation of Railways and Defence departments.
7. Implement
7th CPC wage revision and pension revision of Autonomous body employees and
pensioners. Grant Bonus to Autonomous body employees pending from 2016-17
onwards.
8. Remove
5% condition imposed on compassionate appointment.
9. Grant
five time bound promotions to all Group B&C employees. Complete Cadre
Reviews in all departments within a time-frame.
10. (a) Stop
attack on trade union rights. Ensure prompt functioning of various negotiating
forums under the JCM scheme at all levels.
(b) Withdraw
the draconian FR-56(j) and Rule 48 of CCS Pension Rules, 1972.
Oppose the anti C.G employees policies.
Attacks
on workers and peasants as a whole and Central Government Officers and Employees
in particular are mounting day by day. Entire working class and
peasantry are on struggle path. The successful farmers struggle in
Maharashtra and sixteen days indefinite strike of three lakhs Postal Gramin Dak
Sevaks are the latest mass struggle.
None
of the 7th CPC related demands of Central Government Employees are
settled. The increase in pay of 14.28% was the lowest and worst in
the history of pay revision of Central Government employees. The
assurance given by the group of senior Cabinet Ministers of NDA Government in
the wake of impending indefinite strike from 11th July 2016 regarding increase
in minimum wage and fitment formula is in paper even after a lapse of 24
months. Now the Finance Minister had replied in the
Parliament that - “no change in minimum pay and fitment formula is at
present under consideration of the Government”.
Employees
who joined service on or after 01-01-2004 are retiring with a meagre pension of
Rs.1000/- to Rs.2000/-per month only under the NPS scheme. In effect "New
pension system'' has become "No pension system''. As per RTI
reply out of 32 lakhs Central Government employees, as on 30-04-2018, 17,
58,144 employees are covered under NPS. Uncertainty is looming large over their
retirement life. Every month 10 % of their salary (including DA) is
deducted under NPS, but as per PFRDA Act - "there shall not be
any implicit or explicit assurance of benefit, except market based
guarantee mechanism to be purchased by the subscriber.” 7th CPC after
hearing various stake holders of NPS has given the following directive to the
Government - "almost a whole lot of Government employees
appointed on or after 01-01-2004 are unhappy with the New Pension Scheme,
Government should take a call to look into their complaint.'' Even though
Government has appointed a committee for streamlining NPS, the committee was
not mandated to examine and recommend ''scraping of NPS” or ''minimum
guaranteed pension'' i.e., 50% of the last pay drawn. Staff side has
placed the above demands before the committee. Report of the
committee, submitted one year back, is not yet published. In short
the discontentment among the NPS employees is growing day by day and it may
burst out at any time if the Government refuses to revert back to the old
defined benefit pension system.
Six
lakhs posts are lying vacant for the last many years and now Government has
issued orders to abolish all posts lying vacant for more than five years. HRA
arrears, MACP Bench mark, MACP promotional hierarchy and date of effect from
01-01-2006, option-I for pensioners - Govt is not ready to reconsider their
stand. Three lakhs Gramin Dak Sevaks are compelled to go on indefinite strike
for 16 days for getting their legitimate wage revision approved by the cabinet.
Their demands for regularisation, Civil servant status are still
pending. Exploitation of casual and contract workers
continue. Equal pay for equal work is denied.
Large
scale outsourcing and privatisation has become the order of the day. Foreign
Direct Investment and privatisation of Railways and Defence and large
scale outsourcing of the work done by Defence Civilian employees are in full
swing. Government declared about 200 defence products manufactured by Defence
employees as ''non-core'' items and gave orders to private multinational
companies for their supply, rendering thousands of Defence employees jobless in
Govt owned 41Ordnance factories. 14 EME workshops are going to be closed. GOCO
model is going to be implemented in Army based workshops. At least 11 DRDO
laboratories/establishments are proposed to be closed. 12 out of 17
Government of India presses are ordered to be closed. Same is the fate with
other departmental printing presses including Railway printing presses.
Majority of the Autonomous body employees and pensioners are yet to get their
rightful 7th CPC revised pay and pension due to stringent conditions imposed by
Finance Ministry. Compassionate appointment has become a mirage.
Trade
Union rights and facilities are curtailed and denied. Orders banning
dharna and demonstrations are issued. The draconian FR 56 (j) and Pension Rules
48 are misused as a short-cut to punish and victimise employees. Government
sponsored Unions/Associations are given undue patronage. Recognition
and trade union facilities of fighting organisations are withdrawn and their
leaders are transferred to far-off places.
Those who betrayed
32 lakhs Central Government employees and 33 lakhs pensioners have to pay the
price for it. 16 days historic indefinite strike of Gramin Dak Sevaks
is an eye-opener to all. There is no short-cut for realising our
justified demands from a totally negative and unwilling Government.
Wednesday, 20 June 2018
Implementation of interim orders / directions in Special Leave to Appeal (C) No.30621/2011 arising out of final judgment and order dated 15-07-2011 in CWP No.13218/2009 passed by the Hon'ble High Court of Punjab & Haryana and Special Leave to Appeal (C) No.31288/2017 arising out of Hon'ble Delhi High Court judgment dated 23-08-2017 and other related court cases - regarding.
RESERVATION IN PROMOTION CASE STATUS AFTER SUPREME COURT INTERIM ORDER (DOPT ORDER)
F. No. 36012/11/2016- Estt.(Res-I) {Pt-II}
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (Reservation-I) Section
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (Reservation-I) Section
North Block, New Delhi
Dated June 15, 2018
Dated June 15, 2018
OFFICE MEMORANDUM
Subject: Implementation of interim Orders/ directions in Special Leave to Appeal (C) No. 30621/2011 arising out of final judgment and order dated 15.07.2011 in CWP No. 13218/2009 passed by the Hon’ble High Court of Punjab & Haryana and Special Leave to Appeal (C) No. 31288/2017 arising out of Hon’ble Delhi High Court judgment dated 23.08.2017 and other related court cases — regarding
The Hon’ble Supreme Court vide its order dated 15.11.2017 in SLP(C) No. 28306/2017 has decided to refer to a Constitution Bench to examine whether its earlier decision in M. Nagraj and others vs. Union of India and others requires reconsideration or not, inter alia, on the issue as to whether test of backwardness would, at all, apply in case of SC and ST.
2. The Hon’ble Supreme Court in SLP (C) No. 30621/2011 has passed the following Order on 17.05.2018:
“It is directed that the pendency of this Special Leave Petition shall not stand in the way of Union of India taking steps for the purpose of promotion from `reserved to reserved’ and ‘unreserved to unreserved’ and also in the matter of promotion on merits
3. Further, in the matter related to SLP(C) No. 31288/2017, connected to Special Leave to Appeal (C) No. 28306/ 2017, the Hon’ble Supreme Court held as under on 05.06.2018:
“Heard learned counsel for the parties. Learned ASG has referred to order dated 17.05.2018 in SLP (C) No.30621/ 2011. It is made clear that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter. Tag to SLP(C) No.30621 of 2011.”
4. The cadre controlling authorities of Central Government Ministries, Departments and Union Territories are to carry out promotions in accordance with the directions of the Hon’ble Supreme Court mentioned in paragraphs 2 and 3 above based on existing seniority/select lists.
5. Every promotion order must clearly mention the stipulation that the promotion shall be subject to further orders which may be passed by the Hon’ble Supreme Court.
6. All Ministries/ Departments are requested to bring this to the notice of all concerned for information/ compliance.
7. State Governments are also advised to take necessary action in accordance with the above mentioned orders passed by the Hon’ble Supreme Court.
(G. Srinivasan)
Deputy Secretary to the Government of India
Deputy Secretary to the Government of India
RESERVATION FOR CANDIDATES FROM OTHER BACKWARD CLASSES - REVISION OF INCOME CRITERIA AND DETERMINING EQUIVALENCE OF POSTS IN CENTRAL PUBLIC SECTOR ENTERPRISES (CPSES), PUBLIC SECTOR BANKS, PUBLIC FINANCIAL INSTITUTIONS, ETC. WITH POSTS IN GOVERNMENT FOR ESTABLISHING CREAMY LAYER CRITERIA – REGARDING
F. No. 36033/2/2018-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment (Reservation-I) Section
North Block, New Delhi Dated June 8, 2018
To
The Chief Secretaries of all States / Union Territories
Subject:- Reservation for candidates from Other Backward Classes - Revision of Income Criteria and determining equivalence of posts in Central Public Sector Enterprises (CPSEs), Public Sector Banks, Public Financial Institutions, etc. with Posts in Government for establishing Creamy Layer criteria – regarding
Madam/ Sir,
I am directed to invite attention to this Department’s Office Memorandum No. 36012/22/93-Estt,(SCT) dated 08.09.1993 which, inter-alia provided that sons and daughters of persons having gross annual income of Rs.1 lakh or above for a period of three consecutive years would fall within the ‘creamy layer’ and would not be entitled to get the benefit of reservation available to the Other Backward Classes.
2. The aforesaid limit of income for determining the creamy layer status was subsequently raised to Rs. 2.5 lakh, Rs. 4.5 lakh Rs. 6 lakh and Rs. 8 lakh vide this Department’s O.M. No. 36033/3/2004-Estt.(Res.) dated 09.03.2004, O.M. No.36033/3/2004-Estt. (Res) dated 14.10.2008, O.M. No. 36033/1/2013-Estt.(Res.) dated 27.05.2013 and CM. No. 36033/1/2013-Estt. (Res) dated 13.09.2017, respectively.
3. This Department is in receipt of references seeking clarification on the status of equivalence and revision of income criteria, in Central Public Sector Enterprises (CPSEs) and Financial Institutions with posts in Government. In this regard, copies of the following Office Memorandums issued by Department of Public Enterprises, Department of Financial Services and this Department are enclosed for ready reference:
i) O.M. No. 36033/1/2013-Estt.(Res.) dated 13.09.2017 of this Department regarding revision of income criteria;
ii) O.M. No. DPE-GM-/0020/2014-GM-FTS-1740 dated 25.10.2017 of the Department of Public Enterprises on establishing equivalence of posts in Central Public Sector Enterprises (CPSEs) with Posts in Government for establishing Creamy Layer criteria; and
iii) O.M. No. 19/4/2017-Welfare dated 06.12.2017 of the Department of Financial Services on establishing equivalence of posts in respect of Public Sector Banks, Public Financial Institutions, Public Sector Insurance Companies.
4. It is requested to please bring the contents of the above mentioned O.M.s/ instructions to the notice of all concerned for information / compliance.
Yours faithfully,
Sd/-
(Raju Saraswat)
Under Secretary to the Government of India
Telefax - 23092110
Copy to:
1. All the Ministries/Departments of the Government of India
2. Ministry of Social Justice and Empowerment, Shastri Bhawan, New Delhi
3. Department of Public Enterprises, CGO Complex, Lodi Road, New Delhi.
4. Department of Financial Services, Jeevan Deep Building, Parliament Street, New Delhi
5. National Commission for Backward Classes, Trikoot-1, Bhikaji Cama Place, R. K. Puram, New Delhi
6. Hindi Section for providing a translation
7. Guard File
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