Wednesday 27 June 2018

DOPT ORDER – CHILD CARE LEAVE

No.13018/6/2013-Estt.(L)
Department of Personnel & Training
Estt.(Leave) Section
JNU Old Campus, New Delhi
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 COPY

Settle 7th CPC related issues including increase in Minimum Pay and fitment formula, HRA arrears from 01-01-2016, MACP Bench Mark, promotional heirarchy and date of effect from 01-01-2006, Option-I for pensioners and anomalies arising out of implementation of 7th CPC recommendations.

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

New Pension Scheme - Number of Central Government Employees as on 30.04.2018 - RTI Reply

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
North Block, New Delhi
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

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