Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (JCA-2) Section
Dated: August, 8th 2017
Subject: Minutes of Meeting of Standing Committee of National Council (JCM) Staff Side held on 3rd May, 2017 under the Chairmanship of Secretary (P).
The undersigned is directed to forward herewith a copy of the minutes of the meeting of Standing Committee of National Council (JCM) Staff Side held on 3rd May, 2017 at 15:00 hours in Room No. 119, Conference Room, North Block, New Delhi under the Chairmanship of Secretary (P) for information and necessary action.
Encl: As above
Deputy Secretary (JCA)
MINUTES OF THE MEETING OF THE STANDING COMMITTEE HELD BETWEEN THE STAFF-SIDE, NATIONAL COUNCIL (JOINT CONSULTATIVE MACHINERY) AND THE OFFICIAL-SIDE UNDER THE CHAIRMANSHIP OF
SECRETARY (P) AT 3.00 P.M. ON 03.05.2017
The meeting of the Standing Committee of the National Council (JCM) was held at 3.00 p.m. on 03.05.2017 under the Chairmanship of Secretary (P) at Room No. 119, North Block, New Delhi. The list of participants is at Annexure.
2.In his introductory comments, Secretary (Personnel) while welcoming the participants mentioned that the agenda for the meeting included the action taken statement on the 31 items discussed in the last meeting held on 25.10.2016 and 26 additional items received from the Staff Side.
(ii) Secretary (Staff-Side) further requested to know the present position on the basic demands made by the Central Government employees about minimum wages, fitment formula, reversion to the old pension scheme and the report of the Committee of Allowances, He recalled that when a notice for strike was given in 2016, the senior Cabinet Ministers in the Central Government had met the staff side representatives and assured a positive decision on the aforesaid demands. Although that strike was deferred on this assurance, the central govt. employees are still waiting. Consequently, it is getting difficult to make the central government employees understand the reasons for delay in fulfillment of the assurances then given by the Senior Cabinet Ministers.
(iii) Hence Secretary, Staff-Side requested the Chairman to convey to the Cabinet Secretary and Chairman, National Council (JCM) the duty to meet the Government employees in accordance with the JCM Scheme to avoid an atmosphere of confrontation.
(iv) He stated that a number of agenda items proposed by the Staff-Side have been deleted and no formal communication has been sent to them on the reasons for deletion. He requested that the views of official side on this may be communicated to them. This sentiment was echoed by other members of the Staff-Side. He also mentioned that the senior Cabinet Ministers had issued a statement about constitution of a High Level Committee to look into the aforesaid basic demands made by the Staff Side while giving the strike notice. However, even after more than 10 months, nothing has happened and only one meeting was taken by Additional Secretary in Department of Expenditure.
(v) On allowances, he informed that there is a lot of uncertainty on whether the allowances would become admissible prospectively or from 01.01.2016 i.e., the date of implementation of 7th Central Pay Commission.
(vi) The following points were also raised by Leader JCM (Staff-Side):
(a) The assurance given by Senior Ministers on 30th June 2016 on 7th CPC issues-mainly minimum wage and multiplying factor have not been fulfilled. Only one meeting was held by Addl. Secretary (Expenditure) with the Staff side and thereafter nothing is known with regard to progress made even though 10 months passed.
(b) On 7th CPC recommendation for revision of pension on the basis of option the contents of the Committee’s Report are not made available to the JCM (Staff Side). There is need to see that transparency is ensured for preserving healthy industrial relations.
(c) On Allowances, the Leader JCM (Staff Side) expressed disappointment as there has been no positive outcome even after lapse of several months. He requested the Chairman that the JCM (Staff Side) demand to revise the Allowances w.e.f. 01/01/2016 should be considered and Staff Side demand be taken to the level of Cabinet Secretary and the Government.
(d) Although Ministry of finance Resolution dated 25th July 2016 stipulates that 14.29% hike in the pay of Running Staff in the Railways be ensured, unfortunately, the same has not been complied with. The said hike has not been ensured. He requested the Chairman to kindly take appropriate initiative on the proposal sent by Ministry of Railways which is pending with the Ministry of finance. He also pointed out that the references made by different ministries to the DoP&T/MoF pursuant to the discussions held by the JCM Constituents with the respective Departments/Ministries are pending. He requested that speedy response be ensured by DoP&T/MoF.
While concluding, the Leader, JCM (Staff-Side) expressed confidence that the NC/JCM meeting as well Standing Committee meetings will be convened regularly in accordance with the JCM rules for paving way for healthy industrial relations”.
(vii) The Staff-Side drew attention to the fact that since 1966 Joint Committees used to be set up for discussing contentious issues which has since stopped. References from the Departments are also remaining unanswered. The members of the Staff Side requested that DOP&T should take a view on all these issues as a number of them have not been settled. The Staff Side also requested that the duration of Standing Committee meetings should be extended so that all issues can be discussed and resolved quickly and the meetings should also be held every quarter
(viii) The Staff-Side also pointed out that items of agenda sent by them are to be included, if it is found to be appropriate to be discussed. Since there had been permanent subcommittees under the Chairmanship of Secretary (Health) and (Pension), the agenda items pertaining to those two ministries can be referred to those two sub-committees. The sub-committees are to deliberate and report back to the Standing Committee for a final decision. They wanted the said procedure to be followed as the items sent by the Staff Side to the meeting contained many Pension and Health related issues.
(ix) Referring to the convening of the Departmental Council, the Staff Side said that the situation has not registered any significant improvement. They also pointed out that in the details provided; no dates of the last meeting held had been indicated. They pleaded that the Department of Personnel has to evolve a mechanism to monitor the functioning of the Departmental council.”
(x) In view of the ongoing ban on recruitment imposed by the Department of Expenditure, the staffs have to work long hours. This is despite the Task Force, set up by Ministry of Railways on safety-related matters, having suggested that additional staff be mobilized to ensure safety. Even the Hon’ble Prime Minister in his speeches has stressed the need for safety; but the Ministry of Railways have chosen to ignore.
(xi) Another point raised was about the instructions issued by the DOP&T following the assurance given to the Hon’ble Supreme Court in a contempt case which was said to have created a situation where the DPCs are not being held and the employees ate retiring without getting promotion. It was stated that UPSC is also refusing to accept DPC proposals and insists that clarification from DOP&T may first be obtained. As a result promotions are not taking place and many officers have retired without promotion. The Staff-Side requested that necessary clarifications may be issued by DOP&T urgently so that DPCs can be held in the Departments.
4. Chairman, in his reply, said that no agenda points had been deleted and, in order to ensure that discussions are complete in a meeting, it was decided in consultation with the Secretary (Staff-Side) to limit the number of agenda points for today’s meeting. He further stated that if the Staff-Side insists that the remaining points which have been left out should also be taken up for discussion, they would need to be circulated to the concerned Departments in advance for their comments. He emphasized that the Government attaches the highest priority to the Staff-Side and the concerns expressed over the assurance given after the strike call would be conveyed to the concerned authority. On the issue of the Allowances Committee’s report not being shared with the Staff Side, the Chairman stated that the sentiment would also be conveyed to Ministry of Finance along with the concerns over pay revision etc.
5. After these opening remarks the Action-Taken-Note on the minutes of the last meeting held on 25.10.2016 was taken up for discussion.
S. No. 1— Item no. 5(i) of the Standing Committee meeting of 25.11.2016.
S. No. 2 – Include Grameen Dak Sewaks within the ambit of 7th CPC.
S. No. 3 — Settle all anomalies of the Sixth Central Pay Commission.
The Staff-Side pointed out that there had been several items in the Anomaly Committee. ATS has not been circulated. The Official side assured to circulate the ATS on all anomaly committee items. It was then decided that the Staff- Side will present its views after it is circulated.
S. No. 4 — No Privatization PPP or FDI in Railways and Defence Establishments.
Members of Staff-Side rebutted that the reply of Ministry of Railways was not correct as the committee is not looking into the point raised in this agenda item. At this point, Chairman asked the representative of Ministry of Railways to share the terms of reference of the said Committee with the members of Staff Side.
On the point related to Ministry of Defence (MoD), the representative of the Ministry shared a Note on the ‘Status of FDI in Defence Sector’. As per the Note, defence manufacturing sector was opened for the first time in 2001 for 100% private sector participation including FDI. Ire 2001, the FDI upto 26% was allowed under the Government route (FIPB approval). Since then, the policy has been revised several times. The FDI Policy for defence sector was last revised in June 2016. As per the revised policy, FDI upto 49% is allowed under automatic route and beyond 49%, under Government route, wherever it is likely to result in access to modern technology or for other reasons to be recorded. FDI policy for defence is applicable to defence industry subject to Industrial License under the Industries(Development & Regulation) Act, 1951. The Policy is also applicable for manufacturing of small arms and ammunition under the Arms Act, 1959.
He clarified further that this sector badly needs capital investment and infusion of technology for which foreign investment can play a significant role. Investment promotion and technology transfer being of prime concern, Government believes that the amendments made in the policy could be the most trusted route to technology transfer which would help in increasing the defence production base and providing the much-needed impetus to self-reliance and indigenisation in defence sector.
Members of the Staff-Side stated that the present Policy is likely to impact the existing Defence Establishments like DRDO and Ordnance Factories. The recent decision of DDP to outsource 143 products produced by ordnance factories would affect the existence of the organization and its employees. This is against the assurance given by the Ministry of Defence that the products already being produced by ordnance factories would not be outsourced and, for any new products, ordnance factories would be given first preference. However all these major policy decisions were taken without any discussion with the Staff Side and without hearing their view points.
It was decided that the Ministry of Defence would be requested to hold discussion with the Staff side on the subject matter and accordingly the issue would be referred to Ministry of Defence.
It was decided that the item may be treated as closed.
S. No. 5 — No corporatization on Postal Services.
S. No. 6 — No ban on recruitment/creation of posts.
The Staff-Side contended that the reality is otherwise. Because whenever a new service or train is introduced, it is not followed up with creation of posts. As a result, the operations are suffering and the employees are working beyond duty hours. It was stated that often a proposal for creation of posts is returned with the rider of matching savings. They requested that a direction should go from the Chairman of the Standing Committee that no new service should be introduced till new posts are created.
Staff-Side also stated that in the last National Council meeting, the Cabinet Secretary had stated that that there cannot be ban on creation of posts for meeting operational needs. Hence after informing that no recruitment has taken place to meet the increased operational requirement of Ministry of Railways, they argued that if the power to introduce new trains is delegated to the Railway Board, the power to create posts and make recruitment should also be delegated to the Board.
After hearing them, Chairman observed that in so far as the item is concerned, Department of Expenditure have clarified that there is no ban on recruitment on posts. In so far as creation of posts in M/o Railways is concerned, the following delegation has been made:
(i) For ‘Revenue’ Non-Gazetted posts, Railway is allowed to continue with the existing system being followed by them for creation of posts. For creation of ‘Revenue’ Gazetted posts, for the posts below SAG level, approval of Finance Minister will be required and for posts at the level of SAG and above, approval of Cabinet will be required.’
(ii)For Work-charged’ posts, Ministry of Railways is allowed to continue with the existing procedure for creation of posts below SAG. level. For creation of Work-charged’ posts at the level of &AC – and above, Ministry of Railways is advised to approach the Cabinet for approval.
(iii) For the purpose of final Cadre strength of the Railway Services, as was done in the last Cadre Review, 75% of the Work-charged’ posts may be added to arrive at the final strength.
The moot point is which type of case should come to Department of Expenditure for approval. As such the Ministry of Railways have been delegated the power to make recruitment or create posts. The item can therefore be closed as settled.
It was admitted that the recruitment processes is slow. However, Government has been making efforts to make it faster by introducing modern technology. On the concerns expressed by the Staff-Side on security related aspects, the representative of Ministry of Railways was asked to take note of them. It was also directed that the Ministry of Railways be informed of the new points raised by the Staff Side in this matter.
S. No. 7 — Scrap PFRDA Act and reintroduce the defined benefit statutory pension scheme.
The Staff-Side stated that while discussions have been held, it has also been made clear by the said Committee that they cannot commit on a minimum pension. It was stated that although the defined benefit pension scheme has been re-introduced in many places and the experience of those organisations should be taken into account, the fact remains that employees are not getting any benefit of the New Pension Scheme though they are the people who have put in their money. It was informed that these concerns were expressed before the said Committee but there has been no response. Even a minimum assured pension as provided in CCS(Pension) Rules-1972, Family Pension, Disability Pension are not guaranteed and there is no provision for GPF.
Hearing the Staff-Side, Chairman remarked that the mandate of the Committee seems to be about the NPS and making it more effective. Noting that the Staff-Side are in favour of scrapping of the PFRDA Act and reverting to the old pension scheme, it was directed to the representatives of Department of Financial Services and Department of Pensions & Pensioners’ Welfare to bring the concerns expressed by the Staff-Side to the notice of the Committee set up to streamline the NPS.
It was also decided that in the light of discussions, the Staff- Side may await the report since the entire matter is with the NPS committee.
S.No. 8 – No outsourcing, contradistinction, privatization of governmental function withdraw the proposed move to close down the Printing press, publication form store and stationery departments and medical stores depots.
About printing presses, the representative of Ministry of Urban Development informed that a proposal is afoot to rationalize the Government of India Presses and modernize therm. It was stated that there would be no retrenchment of the existing employees of the Presses and there may be redeployment of some staff. Regarding publication and stationery department, no decision has been taken so far. On this the Staff Side desired that whenever a decision is taken to re-deploy the staff, the stakeholders should be consulted.
It was decided that in view of the Clarification provided by the Ministry of – Urban Development that there would be no retrenchment, the part of the item concerning them may be closed. Further, Ministry of Urban Development may hold discussions with the Staff Side on deployment, as and when the stage comes.
S. No. 9 – Regularise the existing daily rated/casual and contract workers, and absorb trained apprentices. No labour reforms should be carried out which are not in the interest of workers.
S. No. 10 – Revive JCM functioning at all levels as an effective negotiating forum for settlement of demands of the central Government employees.
S. No. 11 – Remove the arbitrary ceiling on compassionate appointments. Chairman recapitulated the discussion held on this issue on 25.10.2016.
Staff-Side was of the view that there is reason to revisit the instructions. It was stated by them that 5% vacancies to be kept aside for filling up on compassionate grounds is to be counted from the overall vacancy position and not from the number of vacancies arising in a year.
Ministry of Defence has both uniformed personnel and civilian employees. The wards of uniformed personnel are being granted compassionate appointment in Civil Posts within the 5%vacancy limit calculated from the Civilian vacancies The vacancies in the Armed Forces are not, taken into account for arriving at the 5% vacancies. This discriminatory and anomalous and hence Civilians are subjected to hardship. -Therefore, the 5% quota may be separately calculated. It was also informed that with the approval of Hon Raksha Mantri ji, a proposal had been sent to the DoPT for one-time measure in filling up of the vacancies on compassionate basis as there were a large number of vacancies. It was decided that these points and concerns would be looked into.
The Staff-Side further stated that the reasoning given in the Supreme Court judgement and which had been read out by JS(E) does not apply in Railways which employs almost 50% of Government employees. Even prior to the DoPT instructions, compassionate appointments were being made and it did not create any problem. Staff-Side explained that the essence of the judgement is that the facility should not be misused. However, the fact remains that even eligible persons are not being able to get appointment because of the ceiling imposed by DoPT. Also, due to reclassification, a number of posts of Group C have become Group B. Group D has been abolished. While the Group-A and Group-B employees are also eligible for compassionate appointment, the vacancies in Group-A and Group-B are not taken into_ account for deriving the 5% vacancies. They pointed out that while compassionate appointments are to be offered to family members of Group A and B officers, who die in harness, the vacancy of Group A&B is not counted for applying the ceiling of 5%. The Staff-Side also pointed out that on instructions from the DoPT, every Department has put in place a mechanism to screen all applications and verify whether the applicant is really in distressing situation and deserves to be offered appointment on compassionate ground. The Screening Committee is composed of senior officers and by virtue of the said scheme, in vogue, the allegation and fear of misuse is unfounded. They added that by prescribing 5% ceiling, deserving candidates are often denied appointment. Further, there is also a stipulation for considering application within 3 years though that has been set aside in some Court judgements. Staff-Side requested Chairman to take a decision on this alarming situation.
Chairman stated that in the last discussion it was seen that the ceiling has been held valid in court orders. He desired to know the genesis of non-application of the 5% limit on compassionate appointment in Railways. The Staff-Side replied by saying that it was in view of the large number of fatalities that often occur when the railway employees are in the field. So the Railways have been kept away from the ceiling on compassionate appointment. It was stated that the Supreme Court never said that this be limited to 5% but it is to be ensured that the compassionate appointment is not misused. The court ruling should not be used to deny compassionate appointment to the deserving candidates.
Representatives of Ministry of Railways were requested to provide any data on the instances of giving compassionate appointment so that the issue could be further examined. It was also decided that the Ministry of Defence and DoPT would examine the issue in light of the points mentioned by the Staff Side.
S.No. 12 – Ensuring five promotions in the service career.
Staff-Side opined that the previous ACP scheme was far better because it was in promotional hierarchy while MACP scheme provides upgradation in grade pay hierarchy. Staff-Side further stated that the two financial upgradations under the previous ACP scheme after 24 years were more beneficial than what an employee would get after three decades under the MACP Scheme. On this, the Chairman observed that the Standing Committee cannot look into issues which have been settled by the 7th CPC.
It was informed that when this anomaly was earlier pointed out to the Joint Committee it was promised that this would be reconsidered and rectified. They suggested that if the MACP scheme was considered more beneficial, the employee should be given option to choose whether he wants ACP scheme or MA.CP scheme. The Chairman desired to know if there was any pay commission recommendation on this issue, on which he was informed that there was not.
It was decided that the Establishment Division would examine the issue further.
S. No. 13 – Non-implementation of the decision taken in the 46th National Council (JCM) Meeting held on 15th May 2010 with regard to Item No. 20.
Ministry of Defence further stated that it was important to note that recognized Federations of MoD kept silent from-2003 to 2009 and .did not raise .this issue in the light of the decision taken on 12/05/2003. It is perhaps due to the declining membership of Unions in the Defence Establishments that these unions desire to raise their membership at the cost of Associations where workmen are also their members. Moreover, it is a policy matter of MoD to allow workmen to continue both as members of Associations as well as of Unions and the same was also unanimously approved by the then representatives of recognized Federations of MoD in the meeting held on 12/05/2003. In the light of the above facts, MoD has now sought to know the reasons from all the recognized Federations as to why the matter was again raised in the National JCM Council Meeting in 2010 while it was already unanimously resolved on 12/05/2003. After obtaining their views, the matter will be discussed to reach a conclusion,
Responding to the statement made by the Ministry of Defence, the Staff Side stated that the meeting held on 12/05/2003 with recognised Federations was nothing to do with the present issue. The discussion held on 12/05/2003 was with regard to Secret Ballot, Verification of membership of the Federations and Associations to decide about the proportionate representation in the JCM Scheme. Since the MoD at that point of time was permitting workmen to be members of both Unions and Associations, it was decided that they should be allowed to participate in the Secret Ballot. The contention of the Staff-Side was that the MoD should follow the CCS(RSA) Rules, 1993 which prohibits worker to become members of the Associations and the recognition granted in violation of the rules to the associations of workers may be withdrawn, since the workers ate governed under Trade Union Act, 1926 and industrial Disputes Act,1947.
It was decided that Secretary, Ministry of Defence would be requested for a meeting to discuss and settle the issue.
Staff-Side stressed that the recognition has to be in accordance with the rules. It was decided that Secretary, Ministry of Defence would be requested for a meeting to discuss the issue.
S. No. 14 Reduction of one day Productive Linked Bonus PLB to the employees of OFB & DGQA under Department of Defence Production against Cabinet decision and Government orders.
The Staff-Side stated that there was already a Cabinet decision in this matter. It was stated that for the Defence establishments, the Hon’ble Raksha Mantri ji had decided to cap PLB to 41 days even if the entitlement would have been for more days. A few years ago the output was less and the PLB was limited to 40 days. However, on that basis every year it is being capped at 40 days even if the entitlement is for 41 days. This was said to be illegal and the Cabinet decision is not being implemented.
JS (Personnel) stated that in view of this new point about there being a Cabinet decision about the PLB formula of Defence Establishments, they would re-examine the issue and take an appropriate view in the matter.
S. No. 15 Grant of one time relaxation to the Central Government employees ho have availed LTC-80 and travelled by air by purchasing ticket from authorities other than authorised agents.
Staff-Side stated that Group C and D employees were not aware of the rules. They were also not informed that they would have to procure tickets from the authorised agent or from the website of airlines. Later a clarification was issued that tickets were to be purchased from the authorised agents. At the same time, notices had also been issued that the amount would be recovered from salaries in case of non-compliance. They stated that if somebody had done wrong or had not traveled at all, then action may be taken. However, if the persons had submitted proper bills and boarding passes, they should not be subjected to recovery.
Staff–Side stated that DoPT had advised that each case should be sent after examination on merit and had’also sought details of number of-cases. JS(E) stated that the total number of employees have not been ascertained and no definite answer on the number of employees who are affected by this has been given. On this, Chairman observed that giving an exact number may be difficult as it could be in thousands. Staff Side suggested that the concerned administration which gave the LTC advance may examine if the employee had actually travelled. If there is any difference in the fare charged by Air India on the day of travel, the excess amount may be recovered from the employee. It was stated that the employees are !king hardship as it was not initially specified to them that they should purchase ticket only from an authorised agent or from the website of the airlines.
S. No. 16 Grant of House Rent Allowance to the employees who have vacated government quarters.
In view of the information provided by Ministry of Urban Development, it was decided that the item may be closed.
S. No. 17 — Restoration of interest-free advances withdrawn by the Government based on 7 th CPC recommendations.
S. No. 18 — Grant of entry pay recommended 6th CPC to the promotees under the provisions of CCS(RP) Rules- 2008.
S. No, :19 – Grant of 3rd MACP in GP’ Rs:4600 to the Master Craftsmen (MCM) of Defence Ministry who nerd holding the post of MCM in the pre-revised pay scale of Rs.4500-7000 as On 31/12/2005.
The Staff-Side expressed satisfaction with the action taken. It was decided that the item may be closed.
S. No. 20 – Carrying forward of Earned Leave by Defence Industrial Employees on transfer
/ appointment from non Industrial to Industrial Establishment.
(i) D(Civ-II) – The proposal was examined in MoD and it was decided that the same cannot be recommended for making amendment in Rule 6 of the CCS (Leave) Rules, 1972 unless there is strong justification. The position was explained to AIDEF vide letter dated 08.04.2016. Recently, on 12.04.2017 MoD has sought comments from concerned Directorates/ Organisations/ Service Headquarters in this regard. The proposal has been circulated to various Divisions for consideration in MoD and then to refer to DOP&T.
(ii) DGAQA has conveyed that the ‘comments were called for from various Associations/Unions working in field establishments of DGAQA and most of the Associations/Unions are in agreement with the stand taken by Staff Side on transfer of leave in excess of 120 days to the leave account and not encashing it when a non-industrial employee is transferred to industrial establishment.
(iii) Air HQ has conveyed that after November, 2006, as per the amended Leave Rules, industrial employees can accumulate and encash Earned Leave up to 300 days. A proposal is also under consideration with MoD to bring the industrial employees under CCS (Leave) Rules, 1972. DRDO has clarified that all the industrial and non-industrial employees c f DRDO are allowed to encash Earned Leave up to 300 days.
JS(E) mentioned that Establishment Division is examining the matter in light of the comments received and will take a decision.
S. No. 21 – Reimbursement of actual medical expenditure incurred by the employees in recognized hospitals.
Staff-Side stated that the problem has also been that the rates fixed by CGHS were so low that the hospitals were refusing to admit the CGHS beneficiaries. Another problem is about unpaid bills. They requested that the Ministry of Health & Welfare should revise their rates at regular intervals so that the CGHS beneficiaries do not have to suffer more on account of delay.
S. No. 22 – Dental Treatment in private hospitals recognized under CGHS CS(MA) Rules, 1944 for CS(MA) beneficiaries.
It was decided that the item may be closed.
S. No. 23 – Review of the income criteria for the dependent parents of government employees in the wake of the recent legislation of “Maintenance and Welfare of Parents and Senior Citizens Act 2007.
Ministry of Health & Family Welfare had vide their OM No. B-12014 /01 /2016-JCM dated 05th April, 2017 informed that the income limit from all sources for dependency for the p9Tose of availing CGHS had been revised to Rs. 9,000/-plus the Dearness Relief on Pension. It has further added that revision of income limit has been done recently and there is no-proposal with reference to -review of income limit of Rs. 9,000/-.
S. No. 24 – Amendment to the definition of anomaly as notified by Government in the orders of constitution of anomaly committees at various level.
S. No. 25 – Withdraw the stringent conditions unilaterally imposed by Government on grant of Modified Assured Career Progression (MACP) in promotion and grant of MACP on promotional hierarchy
JS(Adrnn. and JCA) informed that ever since the introduction of disclosure of APARs, the number of employees getting higher level of gradings may rise. Proposal needed to be evidence based. It was decided that the Ministry of Railways may provide data on the trend of recorded gradings of APARs.
S. No. 26 – Removal of ambiguity in fixation of pay of re-employed ex-servicemen arid grant of the same benefit extended to commissioned officers to personnel below officers rank also.
(i) The first issue relates to pay fixation on re-employment in Civil Services and Public Sector Banks, etc. Do Financial Services (DoFS) is stated to have clarified that pay fixation of ex-servicemen would be through protection of pay plus D.A, drawn by them at the time of release from the Armed forces. DOS orders provide that in addition to the pay fixed on re-employment, pension and other retirement benefits would also be allowed.
(ii) Establishment Division has clarified to Da Posts that initial pay on re-employment in case of ex-servicemen who had held posts below Commissioned Officers and civilians, below Group-A, shall be fixed as per the entry pay in the revised pay structure of the re-employed posts applicable in the case of direct recruits appointed on or after 01.01.2006.
(iii) Staff-Side says there is a contradiction in the two Clarifications and, as a result of the ambiguity, one section has benefited (Personnel who are covered under the Instructions of DoFS) while others are not (Personnel who are covered under the instructions of DoPT.
JS(E) stated that they had received a number of grievances and the Department of Welfare of Ex-Serviceman had also raised this issue. Presently there are two formulations for pay fixation of ex-servicemen one for Group A posts and another for others — which is not an ideal situation. It was stated that the issue is under active consideration and a decision is likely shortly.
S. No. 27 – Permission to opt for pay-fixation in the revised pay structure on a date after the date of issue of
CCS(RP) rules 2016 notification 05-7-2016 in case of employees whose promotion becomes due after 25.7.2006.
S. No. 28 – Extension of the benefit of bonus calculation ceiling enhancement of Rs. 7000/- to Gramin Dak Sevaks (GDS) of the postal, department also.
The Staff-Side expressed their satisfaction over the decision. It was decided that the item may be closed.
S. No. 29 – Regularize the services of casual labourers by absorbing them against vacant posts of MTS as one time measure.
Staff-Side stated that while the Urea Devi judgment is clear and the instructions have-been issued-by DoPT there are cases where the casual labourers have ot completed 10 years on the date of judgement. The Staff-Side said that the recruitment procedure adopted while engaging the daily rated workers was one and the same for regular employment especially those kept for erstwhile Group-D functions. Therefore, they cannot be said to be backdoor entrants. This apart, they added that such recruitment on purely temporary basis was necessitated and initiated due to the all-pervading ban imposed by DoPT in 2001 and continued for almost nine years. Therefore, they said that it is necessary that the DoPT should prepare a scheme by which the quality of employment is maintained as also regularisation of persons who have served the government for such long period of time does take place.
They also added that these appointments were against regular and permanent vacancies and the Supreme Court judgment in the case of Uma Devi does not debar the government from considering regularization of such cases. As they were working in Government establishments, their condition needs to be appreciated.
JS(E) stated that Establishment Division would look into this matter in view of the position explained by the Staff-Side.
S. No. 30 – Fill up all vacant posts including promotional posts in a time bound manner.
S. No. 31 – Abolish and upgrade all posts of Lower Division Clerks (LDCs) to Upper Division Clerks(UDCs)0
JS(E) stated that this may not be possible without fully understanding the implications in each department. It was stated that it would be appropriate that the posts may be allowed to continue till such time their requirement is felt,
Reacting to the comment made by the Official-Side, the Staff-Side pointed out that prima facie, on introduction of computerized functioning in almost all departments, the functions assigned to LDCs have become redundant. What is required is to get the report from each department and take a conscious decision, as LDC is a common category.
JS (Adrrin. and JCA) stated that as the meeting had already gone on for more than three hours, the new agenda items may be taken up for discussion in the next meetings. It was stated that the comments received on the agenda items would be circulated to the Staff Side. Comments on the remaining items which were not included in the agenda would also be called for from the administrative departments and will be circulated to the Staff Side on receipt.
The meeting concluded with a vote of thanks to the Chair.
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What is the present position of the agenda items S. No. 31 – Abolish and upgrade all posts of Lower Division Clerks (LDCs) to Upper Division Clerks(UDCs).