Shiva Gopal Mishra
Secretary
National Council
(Staff Side)
Sint Consultative Machinery
13-C, Ferozshah Road, New Delhi – 110001
E-Mail : nc.jcm.np[at]gmail.com
No.NC-JCM-2022/ SC
July 24, 2023
The Dy. Secretary-JCA,
&
Member Secretary – JCM
Department of Personnel & Training,
North Block,
New Delhi
Dear Sir,
Sub:
Forwarding of agenda points for discussion and settlement in the next Standing
Committee Meeting of the National Council JCM.
Sir,
In continuation of this office letter of even number
dated 19/06/2023 addressed to Secretary (P), Department of Personnel and
Training, we are hereby submitting the enclosed 13 agenda points for the
ensuing Standing Committee Meeting of the NC JCM. Apart from this, 13 Agenda’s
we also would like to discuss the following issues (enclose in Annexure) which
we have discussed in the last Standing Committee Meeting of the NC JCM held on
22/09/2022. We will be also forwarding additional fresh agenda points within a
week as and when received from the Staff Side.
Thanking you,
Yours faithfully,
(Shiva Gopal Mishra)
Secretary
Encl:- as above
Annexure
|
Item No. 14/SC/22:- |
Payment of FMA to
Pensioners of the National Institute of Ayurveda and bring the employees of
the institutes within the ambit of CCS (MA) Rules. |
|
Item No. 28/SC/22:- |
Restoration of
facilities and concession withdrawn by Railways to Senior Citizens. |
|
Item No. 11/SC/22:- |
Pension to be
exempted from the purview of income taxation. |
|
Item No. 24/SC/22:- |
Disability pension
of war heroes to be exempted from Income tax. |
|
Item No. 3/19/SC:- |
Revision of the
benefit of Deposit Linked Insurance Coverage from GPF. |
|
Item No. 29/19/SC:- |
Enhancement Of Bonus
Ceiling Limit Of Casual Labourers Consequent On enhancement Of Bonus
Calculation Ceiling Of Central Govt Employees |
|
Item No. 17/SC/22:- |
Modification for
grievance redressal mechanism. |
|
Item No. 21/21/SC:- |
Implementation of
Govt. decision on 7th CPC recommendations on Risk Allowance to the Central
Govt. Employees including Defence Civilian Employees |
|
Item No. 6/SC/22: |
Restoration of the
commuted portion of pension after 12 years |
|
Item No. 8/SC/22:- |
MACP to be made
effective from 1.12006 in implementation of the judgment of the Supreme Court |
|
Item No. 9/SC/22:- |
Grant of one
notional increment for those who retired on superannuation on 30th June, |
|
Item No. 10/SC/22:- |
Applicability of the
7th CPC. Pay revision benefit for those retired on 31.12.2015. |
|
Item No. 23/SC/22:- |
To specify time
frame for the completion of disciplinary cases in the case of pensioners. |
Agenda Item No. 1:
Restoration of
historic Pay-Parity between Income Tax Inspector and analogous posts in
Department of Revenue and Inspector of CBI/ ACIO Gr.-I of IB:
A historic pay parity had earlier been maintained between
Income Tax Inspector (ITI)/ Inspector (Central Excise)/Preventive Officer/
Examiner in the Department of Revenue (DoR) and the Inspector of CBI/ ACIO
Grade-I of IB (formerly Inspector of IB). The 5th CPC recommendations restored
inter alia the horizontal parity, disturbed in the interim, by placing
Inspector of CBI/ ACIO Grade-II of IB to the replacement scale of Rs.1,640 –
Rs.2,900, i.e. making them on par with ITI and analogous posts of the
Department of Revenue. But the Government of India, while implementing the
recommendations, placed Inspector of CBI/ ACIO Gr.-I of IB in the pay scale of
Rs.6,500 – Rs.10,500, whereas ITI and others in DoR were awarded with the pay
scale of Rs.5,500 – Rs.9,000. However, the pay anomaly was set right by
the order of the Implementation Cell, Department of Expenditure from
F.No.6/37/98-IC dated 21.04.2004, when ITI and analogous posts in DoR too were
upgraded to the (at par) pay scale of Rs.6,500-Rs.10,500. The 6th CPC again
disturbed the horizontal parity by awarding the pay scale of Grade Pay Rs.
4,600 in Pay Band-2I to Inspector of CBI/ ACIO Gr-I of IB. But the anomaly was
soon set right by the Implementation Committee of the Department of Expenditure
vide its OM from F. No. 1/1/2008-IC dated 13.11.2009 granting parity in the pay
scales of ITI and analogous posts in the DoR by upgrading to the Grade Pay to
Rs.4600 from Rs.4,200.
However, 7th CPC once again disturbed the re-established
parity, apparently mis-appreciating the spirit of 5 CPC’s observations and
recommendations, which was also accepted by the Government of India. Therefore,
when ITI and analogous posts in DoR were awarded the replacement scale at Pay
Level 7, Inspector of CBI/ ACIO Gr.-I of IB were upgraded to Pay Level 8. The
issue of Anomaly was placed before the Departmental Anomaly Committee, which
was accepted and decided to forward the proposals to the Department of
Expenditure (DoE). However, Deptt of Revenue didn’t accept the recommendation
of Anomaly committee as well as didn’t find merit in the proposals of CBDT and
CBIC and never forwarded the same to DoE. But DoR too clearly mis-appreciated
the spirit of the observations and recommendations of SCPC and failed to take
note that the DoE had already accepted the horizontal pay-parity between these
two groups while upgrading the pay scale of DoR employees on 21.04.2004.
Moreover, there have been no significant changes of duties for both the groups
since then. Hence, DoR employees have clearly been denied justice and the
historic horizontal pay-parity needs to be restored before we move to the next
CPC regime.
######
Agenda Item No. 2 :
Subversion of JCM
norms with misuse of CCS(RSA) Rules, 1993
The JCM has been functioning since 1966 for maintaining
harmonious relation between Government of India and its Employees. Efforts were
made to continuously improve the position. At the end of the day, it is found
that this mechanism contributed immensely for the betterment of the employees.
But recently employees of different Departments witnessed unfortunate attempts
to dismantle the system, mostly by uncalled for misuses of some provisions of
CCS (RSA) Rules, 1993. There are so many organizations facing the problems
regarding recognition as per CCS (RSA) Rules 1993.
Some of the organizations like National Federation
of Postal Association (NFPE) and All India Postal Employees Union (Group
C) organization, the representative of highest number of employees have
been derecognized for a charge, which was duly clarified by the Federation
based on logic and genuine documents. The withdrawal of recognition is not only
unjustified but also motivated. Withdrawal of the recognition of a major
employee’s organization of Central Govt. Department will definitely hamper the
industrial relations and harmony of that department, which is not in the
interest of the employees-employer relationship. The arbitrary order regarding
derecognition is required to be withdrawn and the recognition of both the
organization may be restored back.
The organization like ISRO earned global
reputation with the active cooperation of the employees. The JCM mechanism
served well in this organization since long. Recently JCM mechanism has been
replaced by Grievance Redressal Mechanism by the department. This is gross
irregularity and infringement of Constitutional Right to form Association.
Reversion to a lawful mechanism i.e. recognition of employees organization may
be restored.
######
Agenda No.3
Necessary
clarification to ensure that the service Associations which are governed by the
CCS (RSA) Rule 1993, are kept out of the purview of Rule 15 (1) (c).
The provisions of DoPT clarifications for holding
elective office under Rule 15 (1) (c) of CCS (Conduct) Rules are erroneously
being applied on the different associations governed by the CCS (RSA) Rule
1993. The Rule 15 of CCS (Conduct) Rules is with regard to private trade and
employment and Rule 15 (1) (c) talks about “hold an elective office or canvass
for a candidate or candidates for an elective office, in any body, whether
incorporated or not”. There is a proviso to Rule- 15 which, as mentioned above,
refers to private trade or employment and hence, the office bearers of the
service associations are in no way coming under its ambit. The service
Associations are governed by CCS (RSA) Rules 1993, where they have to adhere to
the provisions of their Constitution as approved by their respective
departments. A fine reading of Rule 15 of CCS (Conduct) Rule 1964 and the DoPT
instructions thereon leaves no ambiguity that the proviso thereto is in respect
of private bodies and holding elective office in such bodies and not applicable
to Service Associations and employees of Cooperative Societies / Banks/Consumer
Stores etc.
In this regard kindly refer to DOPT O M
F.N.11013/11/2007-Estt. (A) Dated 13/11/2007 where in it is clearly stated
with regard to the restrictions on tenure/ number of Terms of holding office in
a cooperative society in accordance with the relevant Cooperative Acts and
bye-laws of the Cooperative Societies. In the Cooperative Societies Act there
is no such provision for restricting the tenure /number of terms for holding
elected office. Similarly the service Associations are recognized Under CCS
(RSA) Rules 1993, in which there is no restriction on tenure / number of terms.
Therefore the position taken by the Department of Atomic Energy in this regard
is incorrect.
In the light of the above, it is requested to issue
necessary clarification to ensure that the service Associations which are
governed by the CCS (RSA) Rule 1993, are kept out of the purview of Rule 15 (1)
(c) of CCS(Conduct) Rules and the employees Cooperative Societies / Banks /
Consumer Stores which are governed by Central & State Government Acts and
Rules framed by Central and respective State Government.
######
Item No. 4
Revision of Deposit
linked Insurance Scheme under the GPF for Central Government Employees
The above issue was under discussion in the Standing
Committee Meetings of the National Council – JCM. The Deposit Linked Insurance
Scheme limit is periodically increased whenever the ministry of Labour and
employment increases the limit of DLIS in the EPF Scheme. The Ministry of
labour has enhanced the benefit to Rs.600,000/- for the depositors in the EPF
Scheme. At present the DLIS benefit available to the GPF subscribers is only
Rs. 60,000/- therefore the Staff Side in the Meetings of the Standing Committee
held on 07/03/2019 raised this issue and in the meeting we were informed that
the Department of Pension and Pensioners Welfare have recommended the matter to
the Department of Expenditure and that the matter is under consideration in the
Department of Expenditure. We were expecting the government orders for
increasing the DLIS benefit from Rs. 60,000 to 600,000 for the GPF subscribers.
However the Staff Side is shocked to note that the Department of Expenditure
have rejected the same. This is not justified since this insurance benefit is a
social security coverage given to the family of deceased employees who are
subscribers of GPF. Therefore this needs to be reconsider by the Department of
Expenditure.
######
Item No. 5
Revision of calculation Ceiling Limit of PLB and Ad hoc
Bonus for the Central Government Employees
The Last revision of the enhancement of the calculation
ceiling for the purpose of payment of PLB and adhoc Bonus was revised during
the year 2014-15 vide Department of Expenditure OM dated 29/08/2016. The
ceiling was raised from Rs.3500 to Rs.7000/-. It is now almost 10 years after
the revision of the calculation ceiling limit of PLB and adhoc bonus. After the
implementation of 7th CPC pay scales w.e.f 01.01.2016, the minimum basic pay of
Central Government Employees is Rs. 18000/-. Therefore there is no
justification in keeping the ceiling limit of payment of Bonus ( PLB &
Adhoc Bonus) as Rs. 7000/-. It needs to be revised and enhanced. It is
therefore demanded that the calculation ceiling limit of PLB and Adhoc Bonus
may be revised in consultation with the Staff Side. We reiterate that the Bonus
for 30 days should be one month basic pay of the employees.
Item No. 6
Restoration of
festival advance to the Central Government Employees
Kindly refer to the decision taken in the Standing
Committee meeting Held on 07/03/2019 and 26/02/2021 where in the demand of
restoration interest free advances recommended by the 7th CPC. After discussion
it was mutually agreed that the Govt. will consider the issue of Restoration of
Festival Advance to the Central Government Employees. In the meeting held 0n
26.02.2021 Secretary (P) stated that there is no restriction on what to do of
the amount of advance, but there is restriction on how to disburse it. It was
further decided that the matter may be discussed by the Staff Side with the
then AS (Pers) DOE separately. It is regretted to inform that so far no
discussion with the Staff Side has taken place on the subject matter. It is
therefore demanded that one month basic pay of the employees may be given as
interest free festival advance to be recovered in ten monthly instalments.
######
Item No.7
Stepping up of pay of
seniors promoted prior to 31.12.2015 getting lesser basic pay than the
juniors promoted after 01.01.2016
After the implementation of Ministry of Finance /
Department of Expenditure OM dated 31st July, 2018 wherein it is clarified
“that in case an employee is promoted or granted financial upgradation
including upgradation under the MACP scheme on ist January or ist July, where
the pay is fixed in the Level applicable to the post on which promotion is made
in accordance with the Rule 13 of the CCS(RP) Rules, 2016, the first increment
in the Level applicable to the post on which promotion is made shall accrue on
the following 1st July or 1st January, as the case may be, provided a period of
6 months’ qualifying service is strictly fulfilled. The next increment
thereafter shall, however, accrue only after completion of one year”.
Due to the above benefit of granting the 1st increment
within 6 months after promotion it has been observed that an anomaly was caused
to the senior employees in the same category promoted prior to 31st December,
2015 is getting lesser Basic Pay than those who are promoted on or after
01.01.2016 due to the benefit availed by the junior in accordance with the
Department of Expenditure OM dated 31.07.2018. Similar anomaly has happened in
the case of Service Personnel in the Armed Forces and the Ministry of Defence /
Department of Military Affairs has taken up the matter with Defence Finance and
Ministry of Finance and the MOD vide Letter referred above dated 26.09.2022
have now issued the clarification for stepping up of the pay of the senior at
par with the junior as under :-
(a) DNI is an inherent part of pay as duly clarified by
Ministry of Finance, while defining equal pay vide Ministry of Finance Letter
1(14)-III/89 dated 16th June, 1989.
(b) Accordingly, Ministry of Finance has applied the same
rule in the extant anomaly noticed in VII CPC. It has now been clarified that
after 01st January, 2016, in case a junior who is drawing less / same pay as a
senior, starts drawing more Basic Pay after six/ months of his promotion due to
DNI provision extended in VII CPC, pay of such senior shall be stepped up,
equal to junior’s pay w.e.f. 01st January, or O1st July as the case may be.
The above benefit of stepping up of pay the senior
employees who are promoted prior to 31.12.2015, at par with the junior’s
promoted after 01.01.2016 has not been extended to the Central Government
Employees. This is a discrimination, since any instruction related to Pay
Commission Anomalies are equally applicable to the Civilian Employees also.
Therefore, it is requested that the DOPT and Department of Expenditure may
kindly arrange to issue instructions as already issued to the Service Personnel
for stepping up of pay of the seniors who were promoted prior to 31.12.2015 at
par with the junior’s promoted after 01.01.2016.
######
Item No. 8
Extending the benefit
of option to Central Government Employees to switch over to the 7th CPC Pay
Scale from a date! beneficial to the employees and also for extending revised
option for the employees who were given entry pay benefit on promotion in the
6th CPC Pay Scale to switch over to 6th CPC Pay Scale w.e.f. 01.01.2006.
At the outset we are thankful to the Department of
Expenditure for issuing an Instruction dated 04.07.2023 allowing another
opportunity to Government employees to exercise / re-exercise option for pay
fixation as allowed under O.M. dated 28.11.2019 within a period of three months
from the date of issue of this Office Memorandum. However, the following two
issues represented by the Secretary / Staff Side of the National Council (JCM)
is remaining unsettled despite our repeated request in the meetings of the
Standing Committee of National Council (JCM).
1) Granting of one more option to switch over to 7th CPC
Pay Scale from a date subsequent to 25th of July, 2016 (Ref. Minutes of
National Anomaly Committee Meeting held on Tuesday, 17th July, 2018 circulated
vide DOP&T OM No. 11/2/-JCA-1 (Pt.) dated 31st of January, 2019). Kindly
refer also to Secretary / Staff Side / National Council (JCM) Letter No.
NC-JCM-2017/Fin dated 05th of March, 2019.
2) Grant of revision of option after grant of Entry Pay
to the promotes in accordance with Department of Expenditure OM No. 8-23/2017-
E.III dated 28th of September, 2018. Kindly refer to Secretary / National
Council (JCM) Letter No. NC-JCM-2022/Fin. (Opt) dated 23rd of June, 2022.
Since, the above two major issues are not yet settled,
the employees are agitated and some of them are planning for litigation in
the matter. As these two demands are genuine and there is no much
financial implication in both the cases it is requested that the
Department of Expenditure may kindly consider our request favourably and
arrange to issue necessary instructions for extending the benefit of
option as a onetime measure so that a major outstanding issues pending in
the National Council (JCM) stands resolved.
######
Item No. 9
Extension of LTC-80
one time relaxation in the case of employees who availed LTC to Andaman
& Nicobar Island (A&N) by purchasing air tickets from other than
authorized agents
The Staff Side has been repeatedly demanding that a
onetime relaxation as given to LTC – 80 journey performed by Central Government
Employees to NER States and J&K State may be extended to the Central
Government employees who have availed LTC-80 and have travelled to A&N
Islands by purchasing Air Tickets from other than authorized Agents. This the
Staff Side has demanded as a onetime measure. However it is unfortunate that
the Department of Personnel & Training has not agreed our demand. Having
given one time relaxation in the case of NER States and J&K States and
denying the same benefit to the employees who traveled to A&N Islands by
availing LTC -80 and purchased Air ticket from other than authorized agents is
not justified. Since the one time
relaxation is not given huge amount with penal interest from the employees
including from the retiring employees are being effected. This has subjected to
the employees to undue hardship. Since the Air fare will be restricted to the
actual LTC-80 fare on the day of travelling by the employee, the remaining
amount of Ticket fare will be refunded by the employees. Moreover since this is
only a one time measure DOPT may kindly consider the request of the Staff Side
in its true perspective and arrange to issue orders for one time relaxation of
LTC-80 to the employees who have travelled A&N Islands at per with the
employees who travelled to NER states and J&K state.
######
Item No. 10
Empanelment of Private
Day Care Therapy Centers for Ayurveda, Yoga & Naturopathy under CGHS
in all the CGHS governed cities / towns.
The Ministry of Health and Family Welfare vide OM
referred at 1 above have issued instructions for empanelment of Private
Day Care Therapy Centers for Ayurveda, Yoga & Naturopathy under CGHS
in Delhi / NCR Region. Subsequently, Ministry of Health and Family Welfare
vide OM referred at 2 above has extended the empanelment of the Private
Day Care Therapy Centers for Ayurveda, Yoga & Naturopathy under CGHS
in Delhi for a further period of one year. However, the same benefit has
not been extended in the other CGHS governed cities and towns.
This office has been receiving representations from all
over the country for extending the CGHS empanelment of Private Day Care Therapy
Centers for Ayurveda, Yoga & Naturopathy in all the CGHS governed cities
and towns. This demand is justified since the Government policy is to encourage
the indigenous medical system of Ayurveda, Yoga, Naturopathy, Unani and Siddha,
the Ministry of Health and Family Welfare may kindly arrange to empanel Private
Day Care Therapy Centers for Ayurveda, Yoga, Naturopathy, Unani and Siddha
and necessary Orders for empanelment of CGHS recognized hospitals / day
care Centres for the above indigenous system of medicines may please be
issued.
######
Item No. 11
Extension of CGHS
facilities to the Civilian Employees of left out Industrial Establishment under
Western Command of Navy Mumbai.
The Staff side of the National Council (JCM) have
represented to Ministry of Health & F.W. for extending the coverage of CGHS
facilities to the Defence Civilian Employees posted in the various Naval
Industrial Establishments under the Western Naval Command Mumbai. The Ministry
of Health have already extended the benefit to the Industrial Establishment in
the Naval Dockyard Mumbai under the control of Western Naval Command. Therefore
denying the same benefit for the employees working in other Industrial
Establishments in Mumbai under the Western Naval Command is not justified. It
is understood that after our representation to Ministry of Health, the matter
is under active consideration at Ministry of Health / CGHS. However till date
Ministry of Health have not issued any instruction in this regard. Since the
Naval Civilian Employees of Mumbai are pressing hard, it is requested that you
may kindly appreciate the situation and arrange to issue necessary instructions
in this regard to the CGHS Authorities of Mumbai and to Ministry of Defence at
the earliest for extending the coverage of CGHS Facility to the Defence
Civilian Employees posted in the Industrial Establishments under Western Naval
Command Mumbai.
######
Item No. 12
Provision to book two
rooms through e-Sampada Portal in CPWD Guest Houses / Holiday Homes
The Central Government Employees are booking rooms in
CPWD Gust Houses / Central Government Holiday Homes through e Sampada Portal.
As of now the employees are allow to book only one room (most of the rooms in
CPWD Guest Houses are Two Bed Rooms only). Employees those who are travelling
with their Parents and Children’s are enable to manage in one room. Therefore
employees are forced to book the 2 room through their colleagues which is
costing three times than the ordinary rent. Therefore the existing system may
be review and an employee should be allowed to book two rooms in CPWD Guest
Houses / Holiday Homes through e-Sampada which will help in accommodating the
family members of the employees.
######
Item No. 13
Item No. 13 : to
retain the status of more than 70,000 Defence Civilian Employees who are
on deemed deputation with the newly created 7 Ordnance Factory Corporations as
Central Government Employees / Defence Civilian Employees till their
Superannuation.
The Government of India in violation of all the previous
written assurances given to the Recognized Federations of Defence Civilian
Employees have unilaterally taken a decision to splinter the more than 222
years old Indian Ordnance Factories in to 7 Corporations. Accordingly the
Cabinet have taken decision to convert the Ordnance Factory Board into 7
Corporations / DPSU’s with effect from 01.10.2021. All the then existing more
than 78,000 Defence Civilian Employees of Ordnance Factories were forcibly
posted on deemed deputation for a period of 2 years i.e. upto 30.09.2023 in the
newly formed 7 DPSU’s. The Cabinet while deciding the same have also taken a
decision that during the period of deemed deputation all the Defence Civilian
Employees of Ordnance Factories will continue to remain as Central Government
Employees / Defence Civilian Employees and all their service conditions and
benefits would be protected. The All India Defence Employees Federation have
challenged the Governments decision in the Madras High Court. The Government of
India in its counter affidavit have assured the following before the Hon’ble
High Court:
‘Para 55 A and B : It is humbly reiterated that
employees will continue to be Central Government employees on deemed deputation
to the new corporations unless they themselves opt to get permanently absorbed
in these new corporations Hence, there is no violation of any fundamental right
or Article of the Constitution including Article 14 and Article 311.
Para 47 : Unless the OFB employees chose to opt for
permanent absorption in the new DPSU’s, they would continue as Central
Government servants and their pay scales, allowances, leave, medical
facilities, Career progression and other service conditions will also continue
to be governed the extant rules, regulations and orders, as are applicable to
the Central Government servants.
Para 48 : The employees will continue to be Central
Government employees while on deemed deputation to the corporations and until
they themselves opt to get permanently absorbed in the new corporations. Hence,
it is denied that the article 14 of the Constitution is violated.”
The above issue was also discussed in the 48th Meeting of
National Council JCM held on 26/06/2021 and after discussion the Chairman
desired that the Ministry of Defence will regularly discuss the matter of all
Service related matters of the employees with the Staff Side and employees
interest would be protected. The Federations have already represented to the
Ministry of Defence to issue a notification for retaining the employees of
Ordnance Factories who are on deemed deputation in the newly created 7 DPSU’s
as Central Government Employees / Defence Civilian Employees till their Superannuation
/ Retirement from service as assured by the Government in the Hon’ble High
Court of Madras.
The deemed deputation period is going to come to an end
on 30.09.2023. Till date the Ministry of Defence have not issued any
notification in this regard despite repeated representations by the recognized
Federations. It is therefore requested that DOP&T may kindly arrange to
issue necessary instructions to the MoD for publishing notification for
retaining the status of the employees of Ordnance Factories as Central
Government Employees / Defence Civilian Employees till their Superannuation /
Retirement from service as assured by the Government in the Hon’ble High Court
of Madras.
######
