REVISION OF MINIMUM PAY AND FITMENT FORMULA 2ND MEETING OF THE GROUP OF SENIOR OFFICERS WITH JCM (NC) STAFF SIDE

CIRCULAR DATED 26^TH OCTOBER 2016 from Confederation

REVISION OF MINIMUM PAY AND FITMENT FORMULA

2^ND MEETING OF THE GROUP OF SENIOR OFFICERS WITH JCM (NC) STAFF SIDE

DISAPPOINTING

2^nd Meetings of the Group of Senior Officers (Constituted as per the assurance given by Group of Minister to NJCA) to discuss the grievances arising out of recommendations related to 7^th Central Pay Commission, was held with JCM (NC) staff side on 24.10.2016 at 4 PM. The staff side explained in detail the justification for modification in the minimum pay and fitment formula, which was already explained in the memorandum submitted to Cabinet Secretary on 10^th December 2015 and also in the presentation made before Joint Secretary Implementation Cell and Empowered Committee of Secretaries headed by Cabinet Secretary.

From the response of the Senior Officers, it is not clear whether they are mandated to submit a proposal on increasing the Minimum Pay and Fitment formula to Government, as assured by the Group of Ministers on 30^th June 2016. Eventhough, the time frame of four months is almost over, the urgency and seriousness was lacking on the part of the Group of officers. It seems that that Government is adopting a delaying tactics or to deny the assured increase. Perhaps, they may recommend an increase in minimum pay and fitment formula at a later date, but it is quite uncertain.

Confederation National Secretariat after reviewing these developments has decided to intensify the campaign and agitational programmes demanding the Government to honour its assurance given to NJCA leadership and also to settle the 20 point charter of demands. Make the 7^th November 2016 mass dharna programme a grand success. Ensure maximum participation of employees in the 15^th December 2016 massive Parliament March. Get ready for strike.

ALLOWANCE COMMITTEE MEETING ON DOP&T SPECIFIC ALLOWANCES

Meeting of the Allowance Committee to discuss the DOP&T Specific allowances was held on 25.10.2016. Secretary, Department of Personnel Chaired the meeting. Important allowances like Children Education Allowance, Night Duty Allowance, Overtime Allowance, Cash Handling Allowance, Dress Allowance, Nursing Allowance, Patient Care Allowance, Family planning Allowance, Risk Allowance etc. are discussed. The Secretary, Department of Personnel gave a patient hearing and interacted with staff side on certain points. No commitment on any allowance was given.

JCM NATIONAL COUNCIL – STANDING COMMITTEE MEETING

The JCM (NC) Standing Committee meeting under the Chairmanship of Secretary, Department of Personnel was held on 25.10.2016. All agenda items were discussed. Some of the items are – JCM functioning, Compassionate appointments, amendment to the definition of anomaly, Changing MACP conditions, Ex-Servicemen pay fixation, Pay fixation option on promotion after the date of notification of CCS (RP) Rules 2016, GDS bonus enhancement to 7000/-, casual labour regularization and bonus enhancement, filling up of vacancies, upgradation of LDCs to UDCs, one time relaxation of LTC-80 availed by air by purchasing tickets from other than authorized agents, Restoration of Festival Advance, Natural Calamity Advance and Advance of leave salary, grant of entry pay recommended by 6^th CPC to the promotes, reimbursement of actual medical expenditure incurred by the employees in a recognised hospital etc.

Secretary, Department of Personnel gave a patient hearing and clarified certain points. No final decision was taken on any of the agenda items. Gist published below. Minutes will be published later. It was informed that based on the discussion, each item will be examined further and decision will be taken.

AUTONOMOUS BODIES – EXTENSION OF 7^TH CPC REVISED PAY STRUCTURE AND PENSIONARY BENEFITS

The issue was raised in the JCM Standing Committee meeting held on 25.10.2016 by the staff side. The official side informed that an overall review regarding the performance and financial viability etc. of each Autonomous body is being carried out by the Government. Only after completing the process decision regarding extension of 7^th CPC revised pay structure and pensionary benefits, Bonus etc. will be taken. Extension of the benefits depends upon the policy decision of the Government. Hence the official side has not told any time frame for final decision. It is likely to be delayed.

Confederation has already included the demands of the employees of the autonomous bodies in its 20 point charter of demands. All Unions/Associations/Federation and employees of all autonomous bodies are requested to understand the gravity of the situation and make the 7^th November 2016 mass dharna programme and 15^th December 2016 Parliament March a grand success. Join the Parliament March with your flags, banners and placard with demands. Let the Government understand the discontentment and protest of employees and pensioners of Autonomous bodies. There is no short-cut to get our justified demand accepted by the Government.

GDS BONUS ENHANCEMENT TO 7000

This issue was discussed in the JCM Standing Committee meeting as a notified agenda. The official side informed that the file is still under process in the Finance Ministry and a decision is yet to be taken. Once the approval of the Finance Ministry is given the proposal is to be submitted to Cabinet for approval.

All affiliates and C-O-Cs are once again requested to extend full support and solidarity to the proposed Postal Strike on 9^th & 10^th November 2016, demanding bonus calculation ceiling limit enhancement to 7000/- for GDS and immediate payment of revised wages to casual labourers from 01.01.2006. Conduct solidarity demonstration in front of important Postal/RMS office on 9^th & 10^th November 2016.

GIST OF THE JCM STANDING COMMITTEE MEETING HELD ON 25.11.2016

Meeting was held under the chairmanship of Secretary, Department of Personnel. Items discussed and outcome is given below.

1.        JCM FUNCTIONING

Decision: After discussion Secretary (P), assured that the JCM would be activated and steps may be taken to hold regular meetings of JCM at National and Departmental level.

2.        COMPASSIONATE APPOINTMENT:

Decision: The demand of the staff side to remove 5% ceiling would be considered after studying the various. Supreme Court Judgments and the decisions of previous National Council JCM meetings.

3.        RESTORATION OF INTEREST FREE ADVANCES WITHDRAWN BY THE GOVERNMENT BASED ON 7^TH CPC RECOMMENDATIONS

Decision: The demand of the staff side to restore Festival advance, Natural Calamity advance and leave salary advance will be examined further.

4.        AMENDMENT TO THE DEFINITION OF THE TERM “ANOMALY”

Decision: The proposal given by the staff side would be considered is consultation with Department of Expenditure.

5.        FIXATION OF PAY OF RE-EMPLOYED EX-SERVICEMEN

Decision: - The anomalies in the fixation of pay of re-employed Ex-Servicemen is under consideration of DOP&T.

6.  OPTION FOR THOSE TO BE PROMOTED AFTER 25.07.2016, I.E. AFTER THE NOTIFICATION OF CS (REVISED PAY) RULES 2016.

Decision: - This issue would be considered by the Implementation Cell of 7^th CPC.

7.        WITHDRAWL OF NEW CONDITIONS FOR THE GRANT OF MACP & GRANT OF MACP ON PROMOTIONAL HIERARCHY

Decision: The demand of the Staff Side for withdrawal of “Very Good” grading would be re-examined. Regarding justification of MACP on Promotional hierarchy all the points submitted alongwith the Note on agenda items by staff side was discussed in detail. The official side agreed to examine issue further based on the points raised by the staff side.

8.       BONUS CEILING TO BE RAISED TO 7000 FOR GRAMIN DAK SEVAK EMPLOYEES OF POSTAL DEPARTMENT

Decision: - Revision of Bonus ceiling for GDS and Casual Labourers would be considered by Department of Expenditure.

9.        REGULARISATION OF CASUAL LABOURERS

Decision: The proposal of the staff side for regularization of all casual labourers would be considered after considering various Supreme Court judgements.

10.     FILLING UP OF EXISTING VACANT POSTS

Decision:  – Since there is no ban on recruitment, vacancies can be filled up. Instructions in this regard will be issued once again.

11.     UPGRADATION OF THE POSTS OF LOWER DIVISION CLERKS TO UPPER DIVISION CLERKS

Decision: The demand of the staff side would be considered in consultation with other Ministries.

12.   GRANT OF ONE TIME RELAXATION TO THE CENTRAL GOVERNMENT EMPLOYEES WHO HAVE AVAILED LTC-80 AND TRAVELLED BY AIR BY PURCHASING TICKETS FROM OTHER THAN AUTHORIZED AGENCIES

Decision: - The proposal of Ministry of Defence in this regard is under examination of DOP&T

13.     GRANT OF ENTRY PAY RECOMMENDED BY 6^TH CPC TO THE PROMOTEES UNDER THE PROVISION OF CCS (RP) RULES 2008.

Decision: -    The Judgment of Chennai CAT and Principal Bench New Delhi would be examined by DOP&T and Department of Expenditure.

14. REIMBURSEMENT OF ACTUAL MEDICAL EXPENDITURE INCURRED BY THE EMPLOYEES IN A RECOGNIZED HOSPITAL.

Decision: -    A separate meeting would be held by the Health Ministry with the staff side to discuss this demand.

Some more items related to Ministry of Defence was also discussed.

Fraternally yours,

(M. Krishnan)

Secretary General

Mob: 09447068125

E-mail: mkrishnan6854@gmail.com

Letter dated 26 October 2016 From Secretary Staff Side JCM on Minimum Wage And Fitment formula

Hon’ble Minister for Finance

Ministry of Finance, (Government of India),

New Delhi

Respected Sir,

 We solicit your kind reference to the discussions; the representatives of the Staff Side JCM had with you on 30th June 2016 in the wake of impending strike action that was to commence from 11th July 2016. Hon’ble Home Minister, Shri Rajnath Singh, your goodself, Hon’ble Minister for Railways, Shri Suresh Prabhakar Prabhu and Hon’ble MoSR, Shri Manoj Sinha, on having detailed deliberations with the Staff Side, had appreciated that, the Central Government employees were not generally happy with the decision taken by the Union Cabinet on 29th June 2016, while accepting the recommendations of the 7th CPC, particularly in the matter of Minimum Wage and Fitment Formula. After detailed discussions it was agreed by your goodself and other Hon’ble Ministers present in the meeting that, the government would address the grievances of the employees, whereupon the NJCA had decided to defer the “Indefinite Strike”. Accordingly, a committee was set-up to consider the demand of Revision of Minimum Wage and Fitment Formula with a mandate to finalize its report within four months.

We (Staff Side) interacted with the said committee, headed by Shri P.K. Das, Addl. Secretary (Expenditure), on 24.10.2016. It would be quite appropriate to bring to your kind notice that, we have felt, during the course of meeting, that, the proceedings of the committee are extremely disappointing and are left with the impression that, the committee is dilly-dallying the issue.

We are, therefore, left with no option, but to address this communication with the fervent hope that, your goodself will direct the said committee to interact with the Staff Side in a fruitful manner and arrive at a mutually agreeable proposal on the issues of Minimum Wage and Fitment Formula.

We have full trust and believe that, the government would honour the decision taken in the meeting held on 30.06.2016 in your benign presence, and suitable direction will be given to the committee to complete the assigned task within the stipulated timeframe in a satisfactory manner.

It would be the most unfortunate development, we regret to state, if we are constrained to tread the path of struggle once again in the event of the committee not coming up with a satisfactory settlement.

With Kind Regards!

Yours Faithfully

Shiva Gopal Mishra

Secretary

Brief of the meeting held on 24-10-2016 with Addl. Secretary (Exp.)

Brief of the meeting held on 24-10-2016 with Addl. Secretary (Exp.), Deptt. of Exp., MoF (Govt. of India) to discuss the recommendations of the 7th CPC

Shiva Gopal Mishra

Secretary

Ph.: 23382286

National Council (Staff Side)

Joint Consultative Machinery

Central Government Employees

13-C, Ferozshah Road, New Delhi – 110001

E Mail: nc.jcm.np@gmail.com

No.NC/JCM/2016

Dated: October 24, 2016

All Constituents of NC/JCM

Dear Comrades!

Sub: Brief of the meeting held today with Addl. Secretary (Exp.), Deptt. of Exp., MoF(Govt. of India) to discuss the recommendations of the 7th CPC

A meeting was held today between the Addl. Secretary (Exp.), Deptt. of Exp., MoF(Govt. of India) and Staff Side, National Council(JCM), to discuss the issues of Minimum Wage and Multiplying Factor.

The Staff Side explained in detail about the amendments required in Minimum Wage and Fitment Formula.

The Official Side mentioned that, they are trying to find out some solution to resolve the issues of Minimum Wage and Fitment Formula raised by the Staff Side.

Comradely yours,

sd/-

(Shiva Gopal Mishra)

Secretary (Staff Side)

NC/JCM & Convener

Brief of the meeting of the Standing Committee (JCM)

Brief of the meeting of the Standing Committee (JCM) and also meeting of the Committee on Allowances held on 25-10-2016

Shiva Gopal Mishra

Secretary

Ph.: 23382286

National Council (Staff Side)

Joint Consultative Machinery

Central Government Employees

13-C, Ferozshah Road, New Delhi – 110001

E Mail : nc.jcm.np@gmail.com

No.NC/JCM/2016

Dated: October 25, 2016

All Constituents of NC/JCM

Dear Comrades!

Sub: Brief of the meeting of the Standing Committee (JCM) and also meeting of the Committee on Allowances held today

A meeting of the Standing Committee of the National Council (JCM) was held today under the Chairmanship of Secretary(DoP&T), wherein Staff Side(JCM) shown anguish against total collapse of the JCM Machinery.

The Secretary (DoP&T), who is also Chairman of the NC/JCM Standing Committee, assured that, he would try to improve functioning of the JCM Machinery as a whole.

In the said meeting, the agenda sent to the DoP&T for the meeting of the NC/JCM Standing Committee was discussed in detail, and on most of the items reply of the DoP&T was “the issue will be examined”.

Subsequently, in the meeting of the Committee on Allowances, held today, the allowances pertaining to the DoP&T, particularly Children Education Allowance, Night Duty Allowance, Overtime Allowance, Unreported Allowance, Small Family Allowance, Risk Allowance, Cash Handling Allowance, Uniform(Dress) Allowance, were discussed in detail.

It was assured by the Secretary (DoP&T) that, the issues raised by the Staff Side(JCM) would be taken up in the Allowance Committee meeting.

Comradely yours,

sd/-

(Shiva Gopal Mishra)

JCM on DA/DR

Shiva Gopal Mishra

Secretary

Ph.: 23382286

National Council (Staff Side)

13-C, Ferozshah Road, New Delhi -110001

E Mail : nc.jcrn.np@gmail.com

No.NC.JCM-2016/Fin.(DA)

October 18, 2016

The Secretary,

Govt of India

Ministry of Finance,

Department of Expenditure,

North Block, New Delhi 110001

Subject: Grant of Dearness Allowance With effect from 1.7.2016 — Reg.

Dear Sir

We refer to our letter of even No.NC/JCM/2016 dated September 6, 2016 wherein we have requested for an amendment to the existing formula of DA computation, necessitated by the revision of Pay with effect from 01.01.2016. We hope that you must have caused the matter to be examined.

We are prepared to call on the officer concerned, if there is any ambiguity in our contention. Since the normal date for issuance of DA order was in September, we shall he grateful if a decision in the matter is taken urgently.

Thanking you,

Yours faithfully,

(Shiva Gopal Mishra)

Secretary

7th Pay Commission JCM suggests various methods for fixing 7th CPC pension as per Option -1

Shiva Gopal Mishra
Secretary

National Council (Staff Side)

Joint Consultative Machinery for Central Government Employees

13-C, Ferozshah Road, New Delhi – 110001

No.NC-JCM-2016/7th CPC (Pension)                                October 17, 2016

The Secretary,
Department of Pension & Pensioners Welfare, Govt. of India,
Sardar Patel Bhawan,
New Delhi.

Dear Sir,

Sub: 7th CPC recommendation. Pay determination in the case of Pre-2016 pensioners. Option No. 1. Examination of feasibility.

Ref: Minutes of the meeting of the Committee in F.No. 38/37/2016 P&PW (A)

Dated 10^th October, 2016

We refer to the discussions held on 6.10.2016 in the matter of feasibility of acting upon the 7th CPC recommendations (Option No. 1) in the matter of pension computation and the minutes circulated under cover of the letter cited. At the outset, we would like to state that the members of the Staff Side, who were associated with the discussions, gained an impression that the Pension Department would not like to implement the recommendation of the 7th CPC concerning Option No. 1 provided to the Pensioners in determination of the revised pension. As has been pointed out by us during the discussions on 6th October, the Government has accepted the said recommendation with a rider of its feasibility of implementation. The attempt, therefore, must be to explore the ways and means of implementing the said recommendation, which benefits a large number of retired personnel, especially those retired prior to 1996. It is, therefore, highly doubtful how any alternate proposal in replacement of the accepted recommendation would be tenable.

We have the matter considered by various Pensioners Associations as also the Federations of the Serving employees. We enumerate here under the feed- back we have received:

Even according to the exercise carried out by the Pension department, only in 18% of the cases, the service Books are reported to have been not available. Conversely it means that in 82% of the cases the records are available to operationalize option No. I . Besides, we find that on the basis of a random scrutiny that only 40% (Percentage varies from Department to Department depending upon the then prevailing career prospects) generally will opt to have pension fixation under the provisions of option No.1. It will work out to hardly 7% of the cases, where Service Books might not be available. As has been pointed out in the last meeting, Gradation/Seniority list is maintained for each Cadre by the Concerned Department, where the date of promotion to the cadre inter alia is indicated.

The said gradation list will reveal many other details viz. the date of birth, date of entry into government service, date of promotion to the present cadre, whether eligible for next promotion, date of superannuation etc. This apart there are several other documents maintained by the Department, which will come in handy for verification of the clam, viz, the pay bills, Establishment files containing promotion orders etc. In other words it is possible to verify the claim of any individual pensioner or family pensioner and take appropriate decision. In other words, there is no infeasibility question at all. It was also pointed out by many organisations that the retention period of Service Books in all major Departments of the Government of India is 5 years after the death of the Pensioner/ Family Pensioner and not 3 years after retirement as indicated by the Official side at the meeting. This apart, it may also be noted that the option has to be exercised by the concerned individual pensioner and he has to make a formal application to the concerned authorities. He is bound to substantiate his claim with documentary proof, whatever that is available with him.

As was pointed out by some of us in the last meeting, the non- implementation of an accepted recommendation on the specious plea of infeasibility will pave way for plethora of litigation. Apart from the administrative difficulties, the Pension Department would be saddled with if such litigations arise, it would be sad and cruel on the part of the Government to compel the pensioners to bear huge financial burden to pursue their case before the courts of law.

In view of this the Staff side is of the firm view that the Government issue orders for implementation of Option No. 1 as there is no room for stating that the recommendation is impossible to be implemented for those who are benefited by the said option.

We are aware that certain anomalies are bound to arise on implementation of option No.1 Anomalies have arisen in the past too. What is needed is to examine those anomalies and ensure that those are genuinely addressed.

It may be noted that even under the present dispensation, no two Government servants are entitled for the same pension despite they being retired on superannuation from the same grade on the same day. The promotion in lower cadres especially Group B, C and D had been few and far between a decade back in many departments and continues to be the same situation in certain organisations of the Government of India. The vacancy based promotion system, one must admit, operates in a fortuitous manner. For no fault of the individual employee, he/she may retire without getting a promotion whereas his colleague due to sheer luck might get the promotion at the fag end of the career. The case of those employees who retired prior to the advent of ACP or MACP is really pathetic. They had to remain in certain departments in the same cadres for years together. They are in receipt of a paltry amount of pension though there is nothing distinguishable in their service careers for such deprivation. To deny them the benefit provided by the 7th CPC on the specious plea that the relevant records are not available with the Government may not only be unreasonable but also will not stand the test of judicial scrutiny.

As we have stated in the meeting, the alternative suggestion put forth by the official side is a welcome feature, for it might be a step in the right direction to remove the anomaly pointed out by the Official side when Option No.1 is implemented and will benefit those pensioners who got their promotion at the fag end of their career.. It is also likely to bring about certain extent of parity, if not full, between the old and the present pensioners. However it cannot be in replacement of the recommendation in respect of Option No.1 made by the 7th CPC. The alternate suggestion of the Pension Department may be offered as another option to the pensioners who are not benefited either by Option No. 1 or 2 recommended by the 7th CPC. Such an option will eliminate to a great extent the anomalies that might arise from the implementation of option No. 1.

In fine, we request that:

The Pensioners/family pensioners choose be allowed to choose any one of the following three options;

(a) 2.57 time of the present pension if that is beneficial.

(b) Option No. 1. Recommended by the 7th CPC, if that is beneficial for them.

(c) to determine the Pension on the basis of the suggestion placed by the Pension Department on 6.10.2016 i.e. extension of the benefit of pension determination recommended by the 5th CPC (viz. arriving at notional pay in the 7th CPC by applying formula for pay revision for serving employees in each Pay Commission and consequent pension fixation) to all pre-2016 Pensioners/family pensioners, if that becomes beneficial to them.

Yours Faithfully,

(Shiva Gopal Mishra)

Secretary