Dated: 05/03/2017
The Secretary,
JCM (Staff Side),
13-C, Ferozshah Road,
New Delhi
Dear Brother.
Sub: Agenda Items for next meeting of Standing Committee of NC (JCM)-reg.
Ref: Ministry of Personnel, Public Grievances & Pensions, DoP&T’s letter No.F.No.3/3/2016-JCA dated 1st March 2017.
Please find enclosed the items to be included in the agenda for meeting.
Yours faithfully,
sd/-
(Dr.M.Raghavaiah)
General Secretary
Sub: Counting full service of Temporary causal labourers for pensionary and retirement benefits in Railways-reg.
The Staff Side had discussed its demand for counting fulI service of
temporary status of casual labourers for pensionary and retirement
benefits at the level of Railway Ministry. Consequently, the Railway
Ministry had agreed and accordingly proposal was sent to the Ministry of
Finance and DoP&T seeking clearance. Unfortunately, the
MoF/DoP&T have not accorded approval:-
In this connection, the Staff Side brings following key points for consideration.
(a) The Casual Labourers in Railways had attained temporary status on
completion of prescribed days of continuous working and got the benefits
admissible to temporary Railway/Government employees such as regular
Pay Scale, Medical facility etc.,
(b) The Railway Administrations have however taken abnormally long
periods to absorb them as regular staff although regular posts were
vacant.
(c) The status of casual labourers in railways after acquiring temporary
status (termed as Temporary employee) is exactly similar to the
substitutes in whose case, the total service from the date of attainment
of temporary status is counted for reckoning qualifying service for
pensionary benefits.
(d) Various CATs, High Courts and even the Apex Court have given
decisions against the differential treatment between the casual labour
and substitutes particularly when both attained temporary status and
directed to treat them at par so far as reckoning the service from the
date of temporary status till the date of regularization for pensionary
benefits etc.,
(e) The SLPs filed by the Union of India before the Apex Court in a few
cases of casual labourers were dismissed and the Hon’ble Supreme Court
had directed the Union of India to calculate Pension and other retiral
benefits payable to the retiring/retired employees, taking into account
the 100% temporary status service.
The Staff Side, therefore, requests to consider the above valid points
and accord approval for counting total temporary status service of
Casual Labourers for pensionary benefits in Railways.
Sub: Modified Assured Career Progression Scheme (MACPS) for the Central
Government Employees – Arbitrary revision of benchmark from “Good” to
“Very Good”-reg.
The Staff Side brings to the notice of the Government that after
introduction of the Modified Assured Career Progression Scheme (MACPS)
w.e.f. 01st June 2009, the JCM (Staff Side) took up the issue relating
to the benchmark laid down for granting financial upgradation under the
schemd at the level of DoP&T and discussed in the Joint Committee
Meetings and National Advisory Committee Meetings held on 17/0712012 ad
2710712012, urging to reconsider the benchmark concept taking into
consideration the norms laid down for promotion of staff. After
discussions, the DoP&T vide O.M. No. 35034/3/2008-Estt. (D) (Vol.
II) dated 1st November 2010 & 4th October 2012 had issued
instructions that the benchmark maintained for filling the vacancy
through promotion by selection/non-selection/fitness be adopted for
granting financial upgradation.
The Staff Side however, expresses its disappointment over the decision
(Resolution No.1-2/2016-IC dated 25th July 2016) of the Ministry of
Finance (Department of Expenditure) introducing the benchmark “Very
Good” for granting financial upgradation. The Government could have
taken into consideration the bilateral agreement reached with the JCM
(Staff Side) and the decision communicated vide DoP&T O.M. dated lst
November 2010 and 4th October 2012 for continuance of the standard
prescribed already for granting MACP. Ignoring the said decision and
introducing the benchmark concept of “Very Good” is an unjustified
action when bilateral agreement had already been reached with the JCM
(Staff Side).
The Staff Side therefore urges to review for cancellation of upgraded bench mark decision.
Source: NFIR
