MOST IMMEDIATE
OUT TODAY
No.45018/1/2017-Vig.
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
North Block, New Delhi,
Dated the 05th March, 2019
Subject: Proposed Nationwide Dharna/Demonstration by National
Joint Council of India (NJCA) on 13th March, 2019 against National Pension
Scheme (NPS) -Instructions under CCS (Conduct Rules), 1964 – Regarding.
It has been brought to the notice of the
Government that a forum by the nomenclature of National Joint Council of Action
(NJCA) has decided to organize Dharna/Demonstrations in front of Jantar Mantar,
New Delhi and all across the country on 13th March, 2019 in order to protest
against New Pension Scheme (NPS).
2. The instructions issued by the Department
of Personnel and Training prohibit the Government servants from participating
in any form of strike/protest including mass casual leave, go slow etc. or any
action that abet any form of strike/protest in violation of Rule 7 of the CCS
(Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(I) of
the Fundamental Rules, pay and allowances is not admissible to an employee for
his absence from duty without any authority. As to the concomitant rights of an
Association after it is formed, they cannot be different from the rights which
can be claimed by the individual members of which the Association is composed.
It follows that the right to form an Association does not include any
guaranteed right to strike/protest. There is no statutory provision empowering
the employees to go on strike. The Supreme Court has also agreed in several
judgments that going on a strike/performing any sort of protest is a grave
misconduct under the Conduct Rules and that misconduct by the Government
employees is required to be dealt with in accordance with law. Any employee
going on strike/protest in any form would face the consequences which, besides
deduction of wages, may also include appropriate disciplinary action. Kind
attention of all employees of this Department is also drawn to this
Department’s O.M. No.33012/1/(s)/2008- Estt.(B) dated 12.9.2008, on the subject
for strict compliance (enclosed as Annexure-A).
3. All officers are requested that the above
instructions may be brought to the notice of the employees working under their
control. All officers are also requested not to sanction Casual Leave or any
other kind of leave to the officers and employees, if applied for, during the
period of proposed Dharna/demonstration, and ensure that the willing employees
are allowed hindrance free entry into the office premises.
4. In case employees go on Dharna/demonstration, all Divisional Heads are
requested to forward a report indicating the number and details of employees,
who are absent from duty on the day of Dharna/demonstration, i.e., 13.03.2019.
(G. Srinivasan)
Director (Reservation)
Source: Click to view/download the PDF
[http://documents.doptcirculars.nic.in/D2/D02adm/Strike%20NJCAWhyip.pdf]
