Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965 – Dopt Orders

No.6/3/2013-Estt (Pay-I) 

Ministry of Personnel, Public Grievances and Pensions 

Department of Personnel & Training

North Block, New Delhi 

Dated the 6th February, 2014

OFFICE MEMORANDUM

Subject: Regulation of pay on imposition of a penalty under CCS (CCA) Rules, 1965.

The undersigned is directed to say that the following penalties prescribed in the Rule 11 of CCS (CCA) Rules, 1965, have a bearing on the pay of the officer:
11. Penalties
Minor Penalties –
(iii a) reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.
(iv) withholding of increments of pay;

Major Penalties –

(v) save as provided for in clause (iii) (a), reduction to a lower stage in the time- scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction Will or will not have the effect of postponing the future increments of his pay

(vi) reduction to lower time-scale of pay, grade, post or Service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time-scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period –
(a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent; and
(b) the Government servant shall regain his original seniority in the higher time scale of pay , grade, post or service;

2. Consequent upon implementation of the recommendations of 6 th CPC under the CCS (RP) Rules, 2008 pay scale of a post/grade for below HAG level means the Pay Band and Grade Pay specified for that post. Under the CCS (RP) Rules, 2008 a Pay Band may cover Government servants in more than one Grade Pay or posts in the hierarchy. As per Rule 9 of the CCS (Revised Pay) Rules, 2008, the rate of increment in the revised pay structure is 3% of the sum of the pay in the Pay Band arid Grade Pay applicable, which is to be rounded off to the next multiple of 10. Further, as per Rule 10 of the CCS (Revised Pay) Rules, 2008, there is now a uniform date of increment, that is, l g July of the year.

3. The mode of implementation of these penalties has been clarified to individual Ministries/Departments wherever references have been received. It is now proposed to issue detailed guidelines on the issue. The regulation of pay on imposition of these penalties is in the subsequent pants:

A. Reduction to a lower stage of pay by one stage (Rule 11( iii ) all )

On imposition of a penalty under this Rule, the pay would be fixed at the next lower stage in the Pay Band. In other words, in case of reduction by one stage, the revised pay would be the pay drawn in the Pay Band at the stage before the last increment. Grade Pay attached to the post would remain unchanged. The pay will be fixed by reversing the mode of allowing increments given in Rule 9 of the CCS (RP) Rules, 2008. The formula would be:-

Reduced Pay In Pay Band = {(Pay in Pay Band+ Grade Pay) x 100/103} less (Grade Pay) (rounded off to next 10)

Pay would be Pay in Pay Band as above + Grade Pay

B. Withholding of increment {Rule 11(iv)}

As the uniform date of increment now is 1st July, on imposition of a penalty of withholding of increment, the increment(s) due on the 1st of July falling after the date of imposition of the penalty would be withheld. In case where penalty of withholding of more than one increment is imposed, increments due on 1st of July in the subsequent years would similarly be withheld. The increment would be restored at the end of the period for which the penalty is imposed.

This also applies to cases where the penalty is imposed for part of a year. For instance, if the penalty of withholding of the increment for six months is imposed on a Government servant in April 2013, then the increment falling due on 1.7.2013 will be withheld for a period of six months, that is, till 31.12.2013. The increment would be released w.e.f. 1.1.2014. In this case the next increment falling due on 1.7.2014 will also be allowed.

C. Reduction to a lower stage in the time-scale of pay for a specified period Rule 11(v)} The process of imposition of penalty of reduction by one stage under Rule 11(iii a) explained above shall be repeated for every additional stage of reduction by taking the pay arrived at notionally as pay for the second reduction, and so on. Grade Pay shall remain unchanged.

NOTE 1: It is not permissible to impose a penalty under this rule if the pay after imposition of the penalty would fall below the minimum of the Pay Band attached to the post.

NOTE 2: A Pay Band may cover Government servants in different Grade Pays or holding posts at several levels in the hierarchy. It needs to be kept in mind that reduction to lower pay scale or grade is a distinct penalty, under Rule 11(vi).Therefore, while imposing a penalty of reduction to a lower stage in the time-scale of pay under Rule 11(v) of the CCS (CCA) Rules, 1965, Disciplinary Authorities should weigh all factors before deciding upon the quantum of penalty, i.e., the number of stages by which the pay is to be reduced.

D. Reduction to lower time-scale of pay under Rule 11(vi) As a result of imposition of a penalty of reduction to lower time-scale of pay, the pay of the Government servant would be reduced to the stage of pay he /she would have drawn had he/she continued in the lower post for the period of penalty. The mode of fixation of pay in this case is similar to reversing the mode of fixation of pay on promotion. Therefore, both pay in Pay Band and Grade Pay would be reduced.

However, Disciplinary Authority has the power, in terms of FR 28, to indicate the pay which the Government servant on whom a penalty of reduction in rank has been imposed, would draw. The Government servant will be entitled to the Grade Pay of the post to which he has been reduced. Thus, the power of the Disciplinary Authority under FR 28 is limited to indicating the pay in the Pay Band applicable to the lower rank/post.

In some cases imposition of a penalty under Rule 11(vi) may also involve a change in Pay Band. For instance a Government servant holding a post in PB-2 with Grade pay of Rs.4200/- may be reduced to a post in PB-1 with Grade Pay of Rs.2800/-

It may also be noted that a Government servant cannot be reduced in rank to a post not held earlier by him in the cadre. For example, an LDC who qualifies as Assistant as a Direct Recruit and is later promoted as Section Officer cannot be reduced to the rank of LDC but only to that of an Assistant.

4. Some illustrations on pay fixation in above types of cases are annexed.

sd/- 

(Mukesh Chaturvedi) 

Deputy Secretary to the Government of India 

Tele: 23093176

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/6_3_2013-Estt.Pay-I-06022014.pdf]

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50 per cent DA in the basic pay is set to merge soon

As per Dainik Bhasker Article Govt. is ready to merge 50% DA with Basic Pay:-

38 million employees and 25 lakh pensioners electoral rarity

50 per cent DA in the basic pay is set to merge soon

Govt. exercises to attract 38 lakh workers, 25 lakh pensioners

20 thousand crore additional burden on the exchequer

Government eyes on approximately 2 and half crore votes of Central government employees and pensioners and their families. Govt is preparing to merge 50 per cent dearness allowance (DA) into the basic pay to attracted approximately 38 lakh employees and 25 lakh pensioners.

That would be in the next fortnight. If it happen, extra burden would cost of Rs 20,000 crore to the exchequer.

It may be pressure of employees of Trade Union/ threatening of indefinite strike by the central govt. employees with railway employee or it may be trial of attraction of 2.5 carores of voters. Infact D.A. is being merged with basic salary. The Secretary General of the AIRF Mr. Shiva Gopal Mishra who is representing nearly 12 lakh employees says last days, that he had corresponded with the Prime Minister’s Office and the Finance Ministry. He also met with Secretary of expenditure in this connection.

This indicates that it will be announced just after the vote on account of parliament. Press Secretary of National Federation of Indian Railwaymen Mr. S.N. Malik said that the Cabinet note in this regard has become according to PMO sourcese. There is a file lying in the PMO at this time regarding this connection. It will be announced someday next week when Parliament is in session.

Infact DA of Central Govt. Employees reached up to 90% at this time and again due started with DA increment from 1st Jan. If this time there is an increase of 11 per cent on DA; it will be 101 per cent . Malik says that when the Fifth CPC DA had reached 72 per cent, 50 per cent DA was merged with basic pay without any demand from staff side. This time it is not being done. This demand of merger of 50 per cent of DA into basic pay DA of the unions is old. In view of this, , Minister of State for Finance Namo Narain Meena said in Parliament stated in August last year that Sixth Pay Commission has not recommended to merge the DA with basic pay . So the government is not doing so. However , now the situation has changed, in the view of general election, to woo the all the public the decisions are being taken. In this series, if DA has to be merged with the basic pay, then the exchequer put a burden of Rs 20,000 crore is estimated .

Source: Dainik Bhasker News

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Recovery of wrongful/excess payments made to Government servants: DoPT's Order

F. No. 18/26/ 2011-Estt (Pay-I) 

Government of India 

Ministry of Personnel, PG and Pension 

Department of Personnel and Training 

North Block, New Delhi, 

Dated the 6th February, 2014 

OFFICE MEMORANDUM 

Subject: Recovery of wrongful/excess payments made to Government servants. 

The undersigned is directed to say that the issue of recovery of  wrongful/excess payments made to Government servants has been examined in  consultation with the Department of Expenditure and the Department of Legal  Affairs in the light of the recent judgement of the Hon'ble Supreme Court in Chandi  Prasad Uniyal And On vs State Of Uttarakhand And Ors, 2012 AIR SCW 4742,  (2012) 8 'SCC 417, decided on 17th August, 2012. The Hon'ble Court has observed  as under:  

15. We are not convinced that this Court in various judgments referred to  hereinbefore has laid down any proposition of law that only if the State  or its officials establish that there was misrepresentation or fraud on the  part of the recipients of the excess pay, then only the amount paid could  be recovered. On the other hand, most of the cases referred to  hereinbefore turned on the peculiar facts and circumstances of those  cases either because the recipients had retired or on the verge of  retirement or were occupying lower posts in the administrative  hierarchy.

16. We are concerned with the excess payment of public money which is  often described as "tax payers money" which belongs neither to the  officers who have effected over-payment nor that of the recipients. We  fail to see why the concept of fraud or misrepresentation is being  brought in such situations. Question to be asked is whether excess  money has been paid or not may be due to a bona fide mistake. Possibly,  effecting excess payment of public money by Government officers may  be due to various reasons like negligence, carelessness, collusion,  favouritism etc. because money in such situation does not belong to the  payer or the payee. Situations may also arise where both the payer and  the payee are at fault, then the mistake is mutual. Payments are being  effected in many situations without any authority of law and payments   have been received by the recipients also without any authority of law.  Any amount paid/received without authority of law can always be  recovered barring few exceptions of extreme hardships but not as a  matter of right, in such situations law implies an obligation on the payee  to repay the money, otherwise it would amount to unjust enrichment.

2. Hon'ble Supreme Court also distinguished the cases like Shyam Babu Verma  v UOI, 1994 SCR (1) 700, 1994 SCC (2) 52, Syed Abdul Qadir and Ors. v. State of  Bihar and Ors,(2009) 3 SCC 475, Sahib Ram v. State of Haryana,1995 Supp (1)  SCC 18 etc., where it had not allowed recovery of excess payment in view of the  peculiar facts and circumstances of those cases so as to avoid extreme hardship to  the concerned employees, for example, where the employees concerned were mostly  junior employees, or they had retired or were on verge of retirement, the employees  were not at fault, and recovery which was ordered after a gap of many years would  have caused extreme hardship.

3. In view of the law declared by Courts and recently reiterated by the Hon'ble  Supreme Court in the above cited case, Chandi Prasad Uniyal And Ors vs State Of  Uttarakhand And Ors, 2012 AIR SCW 4742, (2012) 8 SCC 417, the  Ministries/Departments are advised to deal with the issue of wrongful/excess  payments as follows:

i. In all cases where the excess payments on account of wrong pay fixation,  grant of scale without due approvals, promotions without following the  procedure, or in excess of entitlements etc come to notice, immediate  corrective action must be taken.

ii. In a case like this where the authorities decide to rectify an incorrect  order, a show-cause notice may be issued to the concerned employee  informing him of the decision to rectify the order which has resulted in  the overpayment, and intention to recover such excess payments. Reasons  for the decision should be clearly conveyed to enable the employee to  represent against the same. Speaking orders may thereafter be passed after consideration of the representations, if any, made by the employee.

iii. Whenever any excess payment has been made on account of fraud,  misrepresentation, collusion, favouritism, negligence or, carelessness,  etc., roles of those responsible for overpayments in such cases, and the  employees who benefitted from such actions should be identified, and  departmental/criminal action should be considered in appropriate cases.

iv. Recovery should be made in all cases of overpayment barring few  exceptions of extreme hardships. No waiver of recovery may be allowed  without the approval of Department of Expenditure.

v. While ordering recovery, all the circumstances of the case should be  taken into account. In appropriate cases, the concerned employee may be  allowed to refund the money in suitable installments with the approval of  Secretary in the Ministry, in consultation with the FA.

vi. Wherever the relevant rules provide for payment of interest on amounts  retained by the employee beyond the stipulated period etc as in the case  of TA, interest would continue to be recovered from the employee as  heretofore.

sd/-

(Mukesh Chaturvedi) 

Deputy Secretary to the Government of India  

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/18_26_2011-Estt.Pay-I-06022014.pdf]

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Prime Minister Manmohan Singh has approved composition of the 7th Pay Commission,

NEW DELHI: Prime Minister Manmohan Singh has approved composition of the 7th Pay Commission, which will revise the salaries of over 50 lakh central government employees.

"The Prime Minister has approved the composition of the 7th Central Pay Commission," the Finance Ministry said in a statement today.

Former Supreme Court Justice Ashok Kumar Mathur has been appointed as chairman of the Commission, with Oil Secretary Vivek Rae as full time Member.

Rathin Roy (Director, NIPFP) will be part-time Member and Meena Agarwal (OSD, Department of Expenditure) its Secretary.

Earlier in September 2013, the Prime Minister had approved setting up of the 7th Pay Commission.

The Commission has been mandated to submit its report in two years time and its recommendations would be implemented from January 1, 2016.

The setting up of the Commission, whose recommendations will benefit about 50 lakh central government employees, including those in defence and railways, and about 30 lakh pensioners, comes ahead of the general elections.

The government constitutes Pay Commission almost every ten years to revise the pay scales of its employees and often these are adopted by states after some modification.

The sixth Pay Commission was implemented with effect from January 1,2006, the fifth from January 1, 1996 and fourth from January 1, 1986.

Source:ET

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Dearness Allowance should be merged with the pay for all purposes – AIRF

All India Railwaymen’s Federation

(Estd. 1924)

4, State Entry Road,
New Delhi-110055
INDIA

No.AIRF/13

Dated: January 9, 2014

The Secretary(Exp.),
Ministry of Finance,
(Government of India)
North Block,
New Delhi

Dear Sir,

Reg.: Merger of Dearness Allowance with Pay

On the persistent forceful demand of the Central Government employees, including Railwaymen, successive Central Pay Commissions were appointed by the Government of India with a view to improve upon wage structure and to grant parity with other employees of the Public Sector Undertakings in the wake of market inflation and price hike of essential commodities. These Pay Commissions, while recommending revised pay structure have also recommended grant of Dearness Allowance on the basis of increase in the Price Index.

The very purpose of compensating the pay with payment of Dearness Allowance is being defeated because of unbridled inflationary pressure on the economy and the consequent steep rise in the price of essential commodities.This has resulted in erosion of the value of the wage, remarkably beyond tolerable limit, as a consequence of which, payment of Dearness Allowance has failed to compensate devaluation of pay.

While Dearness Allowance was merged with the pay on crossing the percentage beyond 50% during V CPC as the actual value of wage devaluated because of market hike to compensate eroded value of the wages besides payment of Dearness Allowance, but this time Dearness Allowance, which has already gone beyond 80% w.e.f. 1st July, 2013, is yet to be merged with the pay.

It would, therefore, be quite appropriate and in the fitness of the thing that Dearness Allowance is merged with the pay for all purposes to compensate the erosion in the wage in the wake of market inflation and steep price hike of essential commodities which are posing serious constraints in the livelihood of the Govern employees in general and the low-paid employees in particular.

Yours faithfully,

sd/-

(Shiva Gopal Mishra)

General Secretary

Source: AIRF

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Retired Govt Officials for consultants: Revised proforma for enrolment issued by CGA

No.G.25014/131/2013/MF.CGA/IAÐ/320-3S 9

Government of India

Ministry of Finance

Department of Expenditure

O/o Controller General of Accounts

Internal Audit division

Lok Nayak Bhavan Khan Market

New Delhi 110003

Dated: 6 Jan 2014

OFFICE MEMORANDUM

Subject: Revised proforma for the enrolment of retired Government officials willing to be hired as consultants.

This office has been maintaining a list of retired Govt. officials who are willing to work as consultants.

It is requested that information about willing officials may be obtained in the revised proforma which is enclosed herewith along with terms and conditions for engagement as consultant. This will enable this office to provide relevant and necessary information to Ministries/Departments requiring services of consultants. In order to update our records the details of consultants engaged by you and feedback on the basis of their performance may also be furnished in the proforma enclosed.

sd/-

(Sonali Singh)

Jt. Controller General of Accounts

Source:http://cga.nic.in/writereaddata/RevisedProforma06012014.pdf

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Issue of Uniforms Liveries to MTS directly recruited through Staff Selection Commission post 6th CPC.

Controller General of Defence Accounts

Ulan Batar Road, Palam, Delhi Canit-110010

No. AN/XIV/14162/6th CPC/ Vol-V

Dated : 23.01.2014

To
All PCsDA/CsDA
All CFAs/PC of Fys) Kolkata

CIRCULAR

Subject: Issue of Uniforms/Liveries to MTS directly recruited through Staff Selection Commission post 6th CPC.

The matter regarding issue of Uniforms and liveries to MTS recruited posts 6th CPC through Staff Selection Commission was referred to Ministry for clarification.

2. DoP&T has since confirmed that Uniforms/Liveries and washing allowance to newly recruited MTS , post 6th CPC may be allowed as is being admitted to erstwhile Group ‘D’ posts of peon, daftary, jamadar, Junior Gestetner Operator, Farash, Chowkidar, Safaiwala, Mali etc. which have been designated as MTS in Group ‘C’ post 6th CPC.

Further , it should be ensured that the Uniforms/Liveries are being admitted to those expected to wear respective uniforms while on duty.

3. This is for your information, guidance and necessary action please.

sd/-

(Upendra Kumar)

For CGDA

Source: www.cgda.nic.in
[http://www.cgda.nic.in/adm/uniforms_mts_230114.pdf]

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Brochure on reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes in services

Government of India

Ministry of Personnel Public Grievances & Pensions

Department of Personnel & Training

****

New Delhi ,dated 23rd January 2014

Subject: Brochure on reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes in services

The brochure on reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes in services was last updated by Department of Personnel & Training in the year 2011. In this connection this Department’s 0.M No. No.A36011/1/2011-Estt(Res) dated 17/11/2011 refers.

2. A few instructions have since been issued on the subject. An updated brochure has now been prepared by the Reservation Division which includes all orders and instructions issued up to the year 2013. The brochure has been posted on the DoPT’s website at “persmin.nic.in ” under `OMs & Orders’–o Establishment Reservation –43rochure on Reservation for SCs. STs and OBCs in Services. In this revised brochure, the relevant orders/instructions have beenmentioned at the end of the concerned para/topic in each of the chapter. Further, the orders/instructions, referred in the brochure have also been hyperlinked to enable the reader to refer to them quickly.

3. As in the earlier brochure, this brochure also contains two parts. Part one of the brochures is self-contained and practically covers all aspects of the reservation hi central services. However, relevant 0.M’s in para (2) should be referred to before taking decisions.

4. All Ministries/ Departments are requested to bring these instructions to the notice of all their Attached/Subordinate Offices as also the Public Sector Undertakings and Statutory Bodies, etc at the earliest.

sd/-

(Sandeerp Mukherjee)

Under Secretary to the Government of India

source : DOPT

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/A-36011_1_2013-Estt.Res.-23012014.pdf]

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No cashless CGHS treatment from February 1, 2014

The 800 hospitals in the country empaneled under the Central Government Health Scheme will stop cashless transactions from February 1, 2014, because, they claim, the government has not cleared arrears of Rs 600 crore.

The aggrieved hospitals have come together under the umbrella of the Association of Healthcare Providers India and had served notice to the CGHS office in New Delhi on December 13, 2013.

A meeting with the Union health secretary K.N. Desiraju on January 9 yielded no results.

A senior officer of AHPI said, “The amount has been budgeted in the health budget and it must be released. But it is not being done. Hence, the question is, where is it going?”

Since 2010, the hospitals have been complaining of 40 per cent unauthorised deductions in the payments. Now they have come together to put across their point to the government.

AHPI general secretary for AP Govind Hari says, “The problem started in 2002 when they started inviting tenders. In doing so, they reduced the cost of surgeries drastically. Also, orthopaedic treatment costs Rs 3,200 in Karnataka and Rs 10,000 in AP. These errors in terms of determining the cost put the hospitals in a spot.”

A senior member of the APHI said, “We want to quit as it has become more of a burden than a service as the clearance promise of 180 days is hardly followed.”

Additional director, CGHS, Dr Prasad, says, “We have not received any communication from the hospitals.” But senior officers in the Begumpet office of the department say there has been an assessment of the pending amount, and deliberations have started to sort out that matter.

Source: http://www.deccanchronicle.com
[http://www.deccanchronicle.com/140116/news-current-affairs/article/no-cashless-cghs-treatment]

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Fixation of Pay of Senior PAs with the PAs of CSSS promoted between 1.1.2006 to 31.8.2008 clarification

No.5/16/2009-CS-11(C)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

3rdFloor, Lok Nayak Bhawan,

Khan Market, New Delhi-110003.

Date: 13th January, 2014.

OFFICE MEMORANDUM

Subject: Fixation of Pay of senior PAs in the pre-revised scale of Rs.7450-11500 with the PAs of CSSS promoted between 1.1.2006 to 31.8.2008 —clarification regarding allowing arrears — regarding.

The undersigned is directed to say that references are still being received from Ministries/Departments regarding fixation of pay of senior PAs of CSSS and payment of arrears in the revised pay structure with the PAs of CSSS who were promoted between 1.1.2006 to 31.8.2008. PAs of CSSS promoted between 1.1.2006 to 31.8.2008 were allowed arrears from the date of their promotion as they had come over to the revised pay on the date of their promotion. Seniors to such promotee PAs of CSSS, however, were subsequently allowed stepping up of their pay with reference to these officials and they were not allowed arrears on the ground that the officials with reference to whom they got their pay stepped up were also not entitled to this.

2. The issue of fixation of pay with reference to the pre-revised pay scale of Rs. 7450-11500 and payment of arrears was taken up by Establishment Division of this Department with Department of Expenditure as this amounts to compelling the senior official, who was already serving as PA prior to 1.1,2006 and opted for fixation of his pay under revised pay rules from 1.1.2006 to opt for revised pay structure from the date of stepping up with the junior.

3. It is, therefore, clarified that the senior is entitled to arrears of pay from the date he opted to come over to the Revised Pay Scales tilt the date of stepping up of pay. These will be paid on the basis of pay actually fixed as on 1.1.2006.

sd/-

(Kameshwar Mishra)

Under Secretary to the Govt. of India

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/16012014.pdf]

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Confederation News: RESOLUTION FOR THE CENTRAL GOVERNMENT EMPLOYEES & WORKERS

RESOLUTION ADOPTED AT THE

EXTENDED MEETING OF THE NATIONAL EXECUTIVE OF CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES & WORKERS

HELD AT NEW DELHI ON 10TH Jan. 2014

The extended meeting of the National Executive of Confederation of Central Government employees and workers held at New Delhi on 10th January, 2014 had deliberated upon the course of negotiation the Staff Side of the JCM National Council had with the Government on the terms of reference of the proposed 7th Central Pay Commission and noted that despite assurance, the Government had not convened the meeting to finalise the same. The meeting recalled the discussions at the 24th National Conference of the Confederation held at Kolkata in May 2013 and the consequent resolution on Policy and Programme adopted at the Conference.. Through the said resolution which was adopted after analysing and evaluating the political and economic situation in the country and various other factors, the Conference had directed the National Executive as under:-

The Indian ruling class continued with their obsession and pursuance of the neo-liberal policy of Globalisation, despite the crisis. We are presently confronted with a regime which is wholly subservient to the interest of the monopoly capital and the imperialist powers. Free from the dependence of the Left Parties, the UPA II intensified the reform agenda. It resulted in the abject surrender of all that this Nation achieved in the post independent era. The phasing out of all welfare measures, divestment of PSUs; the systematic withdrawal from large areas of governance, privatisation of Government organisations; closure of Industrial establishments; outsourcing; Contractorisation; curtailment of Trade Union rights, allowing unbridled entry of foreign capital; the ruination of indigenous industries, consolidation of land and wealth in a few people’s hand; privatisation of health care and education, unfettered permission to exploit the water sources of the country to the soft-drink giants; gifting away mines, mineral and metal deposits were a few of the things, the Government did during this period to pauperise the Indian people. While this being one side of the picture, we are witness to the surging protest actions by the common people against the capitalist exploitation and imperialism. The political upheaval in Latin America, in West European Nations, in the Middle East, North African countries provides us not only courage and enthusiasm but also a sense of confidence that we are not alone.
In this scenario, we must strive our best to forge unity with the broadest mass of the working people as we must know that we cannot fight against this menace single handedly. We must realise that unless we remain united and build joint struggles along with the suffering millions of our countrymen, the situation is bound to be worse.
We have taken the resolve that we shall stand firm against the Neo-liberal policies; against the divisive forces; against the forces of religious fundamentalism; against the caste and communal organizations and we have lived up to that solemn pledge. The 24th conference asserts that the Confederation and all its affiliates will be in the forefront of all struggles against the neo-liberal economic policies of Globalization.

We had been proud partners in the struggles of the working class against these policies. In all the Strike actions, rallies demonstrations and other trade union actions, the central Government employees have taken part and we are proud of our commitment and involvement. Along with the State Government employees, Defence workers, School and University Teachers, we fought
against the PFRDA Bill and pension fund privatisation.

We made independent initiative and organized series of agitational actions, including one day strike on 12th December 2012. The large scale participation of our members in these struggles must embolden us to pursue the 15 point charter of demands with much more intensity.
The 24th Conference calls upon the newly elected secretariat and the National Executive to Strive to forge Unity and bring into existence a wider platform for action with the Railway and Defence Workers and Chalk out programmes including Strike actions to pursue the 15 point charter of demands and generate requisite sanctions to compel the Govt. to negotiate and settle.

The meeting noted that despite the submission of the draft terms of reference by the Staff Side JCM National Council, the Government has been dilly dallying the finalisation thereof. The Government in its press statement issued in September, 2013, had indicated that the 7th CPC recommendations would be effective only from 1.1.2016, which had been in direct contravention of the demand for a five year wage revision in the Government sector, as is the case of Public Sector workers and the employees in Banking and Insurance Industry and in most of the private Sector firms. The Government has been silent on the demand of the employees for merger of Dearness allowance and interim relief, a practice normally follows the setting up of the Pay Commissions. No indication has been given by the official side during the first round of discussion as to its stand on the demand of the Staff Side to bring the Grammen Dak Sewaks of Postal Departments within the ambit of the 7th CPC treating them as Civil Servants as per the observation of the Supreme Court. The Government has also not responded so far to the demand for inclusion of a labour representative in the Commission, a practice followed upto the setting up of the 4th Central Pay Commission, but discarded from the 5th CPC onwards. The non-inclusion of a labour representative, the meeting noted, resulted in suppression of wages of the low paid employees whereas hefty pay packets were awarded to the personnel in Group A cadres both by the 5th and 6th CPCs. The meeting was of the firm view that the 7th CPC must have a member from the working class and there must not be any compromise in the matter.

The meeting noted that the earlier Pay Commissions had recommended for the grant of Interim Relief at the rate of 20% of the pay and the Government must either suo motu decide upon this demand or refer the same to the proposed Pay Commission to decide the same within a specified time schedule.
The meeting noted that the very announcement of the intention of the Government to effect
wage revision of Central Government employees was to obtain political mileage in the scenario of
the five States going for election in November/December, 2013 The Central Government
employees and their suffering family members have however emphatically registered their anger and protest over the gimmicks as was evidenced from the election results, especially of Delhi where large number of Central Government employees are located.
The meeting took note of the fact that the Indian Parliament has passed the PFRDA Bill, which the ruling class could not do for the past ten years due to the stiff opposition of the Left Parties
inside the Parliament and the workers outside. The UPA II Government could get it passed in the
Parliament by soliciting the support of the main opposition party in the country, the BJP. The PFRDA Act now contains the provision empowering the Government/Authority to extend the ambit of the contributory pension scheme to those who are presently stand exempted i.e. the Government employees recruited prior to 1.1.2004 and the defence personnel. In spite of the recommendation of the Standing Committee of the Parliament, the Government has refused to guarantee a minimum pensionary benefit to the contributors. This apart, the Government has gone ahead and allowed 49% FDI in Pension fund permitting not only the Indian business men but also the foreign monopoly companies to access the huge pension fund created through the savings of Indian working Class.
The unbridled inflationary pressure on the economy and the consequent steep rise in the
prices of essential commodities jacked up by the forward trading in food grains and other neo liberal policies have made the life of common people of our country miserable. It has eroded the value of wage beyond tolerable limit. The UPA II and many other State Governments in the country have sided with the entrepreneurs when the workers were on agitation demanding wage rise. It was noted that the erosion of the value of wages of Central Government employees during the period had been of the order of 175% despite the grant of DA compensation.
It was pointed out by most of the speakers at the meeting that the JCM conceived as an
instrument for negotiation and ongoing consultation with the employees have been made totally non functional by the official side. The National Council has not met for several years. No different is the situation at the Departmental level. The 6th CPC anomalies despite several rounds of discussions spanning a period of more than 5 years have remained unsettled. No demand of the employees, be it the compassionate appointment, regularisation of GDS/daily rated workers or even trivial issues like fixation of pay etc. was addressed by the Government during the 9 years it was in office, whereas various functions of the Government were outsourced, contract labour system was introduced to replace the jobs carried out by the lower strata of employees, pruned the size of the Government machinery by resorting to abolition of posts, ban on recruitment, winding up, privatisation etc. The meeting also noted that no intervention was made by the political authority despite repeated pleadings in the matter of unprecedented vindictive measures and actions initiated by the Comptroller and Auditor General of India against the employees and leaders of the Association for legitimate trade union actions.

The meeting recorded its appreciation and gratitude to lakhs of Central Government
employees who took part in the various struggles organised by the Confederation during the period, especially on 12th December, 2012 one day strike which alone was instrumental in compelling the Government to announce the 7th CPC. It also took note of the yeomen efforts on the part of the State Committees and affiliates in educating and mobilising the rank and file of the membership to tread the path of struggle.
The meeting after listening to the leaders of the efforts undertaken by them to forge unity of
all Central Government employees and taking into account the futility in waiting indefinitely for the unity to emerge decided that the ongoing phase of struggle must be intensified. The meeting
decided to caution the Central Government employees that both the UPA with Indian National
Congress as the leading partner and the NDA which is led by the BJP, if voted to power will certainly pursue the neo-liberal policies, which will further pauperise the working people in the country .
The meeting taking into account the above stated facts and with a clear understanding that
incessant struggles alone can bring a revolutionary change calls upon the Central Government
employees to organise 48 hour strike (two days) on 12th and 13th February, 2014, when the present Parliament is expected to be in its last session.

Source: http://confederationhq.blogspot.in/
[https://drive.google.com/file/d/0B0rqvSYMJv2IZC1zWGlyY3hxT2s/edit?usp=sharing]

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Career in Armed Forces through CBSE Course ‘National Cadet Corps (NCC)'

GOVERNMENT OF INDIA

MINISTRY OF HUMAN RESOURCE DEVELOPMENT

LOK SABHA

UNSTARRED QUESTION NO 1037

ANSWERED ON 11.12.2013

CAREER IN ARMED FORCES

1037 . Shri RAJAIAH SIRICILLA, SURESH KUMAR SHETKAR, P. VENUGOPAL

Will the Minister of HUMAN RESOURCE DEVELOPMENT be pleased to state:-

(a) whether the Central Board of Secondary Education (CBSE) schools have been asked to expose the students to a career in the armed forces at the senior secondary classes;
(b) if so, the details thereof;
(c) whether two periods per week have been earmarked for the said subject by the CBSE; and
(d) if so, the details thereof?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (DR. SHASHI THAROOR)

(a) and (b): The Central Board of Secondary Education (CBSE) has informed MHRD that in order to expose students to a career in the Armed Forces, the Board has introduced ‘National Cadet Corps (NCC)’, as an academic elective (Code No 076) which can be offered by the students of the CBSE affiliated schools as one of the four elective subjects and also as an additional elective subject at the senior secondary stage, in combination with any of the subjects that are already available in the Scheme of Studies of the Board. This elective at the senior secondary level will also include outdoor activities. Moreover, to create awareness regarding career in the defence services, the Board has also issued an advisory to the schools to expose students to the challenging and satisfying career possibilities in the Armed Forces under the General Foundation Course.

(c) and( d): There are 6 to 7 periods per week for NCC and two periods per week for General Studies/General Foundation Course.

Source: Lok Sabha Q&A

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DA Merger, 7th CPC & other issues Confederation's two day's Strike Call on 12th & 13th February, 2014

TWO DAYS  STRIKE CALL

        CONFEDERATION OF CENTRAL GOVT.

            EMPLOYEES & WORKERS

CONFEDERATION EXTENDED NATIONAL EXECUTIVE MEETING DECIDED TO  ORGANISE TWO DAYS STRIKE ON 12th & 13th FEBRUARY 2014 DURING PARLIAMENT SESSION DEMANDING

1. DA MERGER

2. INTERIM RELIEF

3. INCLUSION OF GDS UNDER 7th  CPC

4. CASUAL LABOUR WAGE REVISION AND REGULARISATION

5. RESCIND PFRDA ACT

6. DATE OF EFFECT OF 7th CPC – 01/01/2014 AS DEMANDED BY JCM STAFF SIDE

 * PLUS OTHER DEMANDS
* STRIKE NOTICE WILL BE SERVED ON 21st  JAN 2014  TO GOVT
**IN POSTAL , FNPO (INTUC) ALSO DECIDED TO GO FOR TWO DAYS STRIKEON THE SAME DATES AND SAME DEMANDS

--- M.KRISHNAN

     SECRETARY GENERAL

     CONFEDERATION

Source:http://confederationhq.blogspot.in/

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UBFU to go on two-day strike from January 20

The United Forum of Bank Unions ( UBFU) have called a strike on January 20 and 21, 2014. Around two lakh employees of Rural Bank have also announced to extend their support in the two-day strike.

Scores of bank employees representing 30 bank unions staged a demonstration during the day in front of Punjab National Bank, Birhana Road branch on Monday. Addressing to the bank employees, secretary UP Bank Employees Union, Sudhir Sonkar claimed that the tenth wage revision was due since November 1, 2012 whereas UFBU and Indian Bank Association had convened six rounds of talks and only two points - effective date of wage revision and merger of dearness allowance with 444 consumer price index - were agreed upon.

Sudhir told the demonstrators that institutional expenses of banks amounted to Rs 56,292 crore on March 31, 2012 and that the Indian Bank Association had proposed to enhance the salary at the rate of 5 percent i.e to give Rs 1,575 crore before the December 18 strike.

The banks were under stress due to the rise in pension cost and bad debts therefore they could not propose for higher wage revision IBA had claimed. Sonkar claimed that bank's plea did not have any base for protest as they had earned a gross profit of Rs 1,16,458 crore and after deducting the bad debts they had cornered a net profit of Rs 48,780 crore. Therefore, pleas that banks were bearing the burden of rising inflation and pension service was wrong whereas, the real reason was bad debts in which industrial houses had abstained from repaying loans. Bank employees were not responsible for that. Banks had given around 17.5 percent benefit to its employees by releasing Rs 48.18 crore in the ninth wage revision. Thereafter, an enhancement of 5 percent in wage revision was not called for.

Rajneesh Gupta, president of union, stated that the Central government was busy in framing policies which were not in the interest of the banking industry. The government was proposing to pass the management in the hands of private sector, issuing licenses to industrial houses for opening banks, giving permission to foreign banks to over take Indian banks , giving more relief to debtors, and putting loans of corporate sectors in bad debts. He demanded that strict measures must be taken to recover bad debts and bring all the private and foreign banks under the ambit of public sector banking.


Source: http://timesofindia.indiatimes.com
[http://timesofindia.indiatimes.com/city/kanpur/UBFU-to-go-on-two-day-strike-from-January-20/articleshow/28506788.cms]

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Government to revise rates for CGHS empanelled hospitals

 In a good news for lakhs of beneficiaries under the Central Government Health Scheme (CGHS), the Government is in the process of revising the rates of medical procedures offered by empanelled hospitals and diagnostic centres and giving them early payment assurance to encourage more medical institutions join the scheme.

The Ministry of Health and Family Welfare has floated e-tenders for empanelment of hospitals and decided that the rates of various medical procedures would be fixed by an average of rates quoted in e-tenders instead of the old system where the lowest quotation became the rate.

Rates of all medical procedure centres under CGHS would be revised by April next year.

Not just that, the Government is also revising its policy by providing empanelled hospitals assured upfront payment of 70 per cent of the total bill within five days of its presentation and balance admissible amount within a maximum period of 30 days.

The direction for a 10 per cent deduction in case of early/cash payment to hospitals under CGHS has also been done away with, highly-placed sources in the Ministry told PTI.

"These measures will put an end to the problems of delayed payments which discourage hospitals from getting empanelled under the scheme," a Health Ministry official said.

Under the new policy finalised by the Ministry, the category of super specialty hospitals empanelled under the CGHS has also been done away with.

"Now, hospitals, exclusive eye hospitals/centres, exclusive dental clinics and diagnostic centres shall be empanelled for all facilities available in the health care organisation as approved by National Accreditation Board for Hospitals/National Accreditation Board for Labs and the Quality Council of India and shall not be empanelled for selected specialities/facilities," the new policy says.

The changes will help rope in more hospitals, clinics and diagnostic centres under the CGHS as many renowned and big hospitals were shying away from being empanelled under the scheme due to pending payments and low rates for medical procedures.

Sources said payments of bills amounting to around Rs 100 crore of private hospitals are pending with the government under CGHS alone, even though hospitals are crying hoarse that pending payments are to the tune of over Rs 400 crore.

Officials, however, say this huge amount is not pending under CGHS and it may include payments under ECHS, ESI and health bills of other big departments like Delhi Police and others.

Source : http://www.business-standard.com/article/pti-stories/govt-to-revise-rates-for-cghs-empanelled-hospitals-113122900482_1.html

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DESW Orders – Waiving recovery of excess amount of element of Non-Practising Allowance (N PA) paid to pre-1996 retired Armed Forces Doctors.

F.No.7(4)2008/D(Pension/Legal)

Government of India

Ministry of Defence

Department of Ex-Servicemen Welfare

New Delhi, the 18th December, 2013

To,
The Chief of Army Staff,
The Chief of Naval Staff,
The Chief of Air Staff

Subject: – Waiving recovery of excess amount of element of Non-Practising Allowance (NPA) paid to pre-1996 retired Armed Forces Doctors.

Sir,
The undersigned is directed to refer to this Ministry’s ID No. 113A/D(Pen/Legal) dated 05.12.2008 regarding recovery of excess amount of NPA paid to pre-1996 retired Armed Forces Doctors.

2. On receipt of various representations from Retired Armed Forces Doctors, individually and through Associations, the Government reconsidered the matter on humanitarian grounds. After careful examination of the matter, the Government has now decided to waive recovery of excess amount of element of NPA paid to pre-1996 retired Armed Forces Doctors for the period from 11.09.2001 to 31.03.2008.

3. The amount of excess amount of the element of NPA recovered so far is not to be refunded.

4. This issues with the concurrence of Ministry of Defence (Fin/Pen) vide their U.O. 3501/FIP dated 22.11.2013.

sd/-

(R.K. Verma)

Under Secretary to the Govt. of India

Source: www.desw.gov.in
[http://desw.gov.in/sites/upload_files/desw/files/pdf/desworder-dated-18-dec13.pdf]

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Cabinet proposal soon to set up 7th Pay Commission before Lok sabha Polls 2014

The central government has initiated process to set up seventh pay commission and proposal from the cabinet soon for constitute the 7th Pay Commission. This pay commission will revise the salaries of more than 50 lakhs central government employees and this process will start before May, 2014.

“The finance ministry is working out a Cabinet proposal for constitution of the 7th Pay Commission which could be taken up for consideration in the next couple of weeks,” a source said.

Earlier in the month of September 2013, the Prime Minister Manmohan Singh has approved the pay commission set up and it was announced by the finance minister P Chidambaram. It is one of the most important announcement by the central government recently before the Lok sabha Elections 2014 i.e. General Elections of India 2014.

As per the announcement by the govt. officials, this pay commission have to submit their report within two years of time frame and it will be implemented from 1st January, 2016. We have already predicted the pay scale for all pay band in the upcoming 7th Pay Commission. There was no cabinet meeting held whether to announce the seventh pay commission or not.

As per the past practice and tradition, generally pay commission is headed by the retired Supreme Court judge and members of the pay commission are experts from the various sectors.

It is also expected that Government will also announce and approve some benefits for the pensioners.

This is one of the most important decision taken by the UPA Government which will benefit them in the upcoming Lok sabha Polls 2014.

Courtesy: www.7thpaycommission.in

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Dies non period will not be counted as regular service for the purpose of granting ACP, MACP

File No.4-7/ (MACPS)/ 2009-PCC

Ministry of Communications & IT

Government of India

Department of Posts

Pay Commission Cell

Dak Bhawan, Sansad Marg,

New Delhi-110001

Dated 24 Dec 2013.

To,
All Head of Circles,
All Postmaster Generals,
All Directors of Accounts

Sub: – Clarification on reckoning of period of “Dies non” while & granting ACP / MACP to officials.

The issue of counting the period of “Dies non” for the purpose of ACP / MACP was raised in JCM (DC). The issue was examined in consultation with DoPT. The Nodal Department has clarified the issue vide DOFF ID NO. 78961/13/CR dated 14.11.13 as below:-

“Regular service for the purpose of grant of financial upgradations under MACPS includes all period spent, on deputation/foreign service, study leave and all other kind of leave, duly sanctioned by the competent authority. In terms of Government of India decisions relating to ” Treatment of willful absence from duty given under Rule 25 (leave) of CCS (Leave) Wes, 1973, the period of absence not covered by grant of leave shall have to be treated as “dies non” for all purpose, viz increment, leave and pension. Though the.period of dies non does not constitute break in service, but only the day (s) treated as dies non are not counted as duty for any purpose. Dies non is only a concession for permitting the beneficiary thereof to have subsequent service in continuation of the period of service before the beneficiary proceeded on unauthorized. absence.

“Accordingly, it is clarified that dies non period will not be counted as regular service for the purpose of grant of financial upgradation under ACP/MACP Schemes”.

2. Contents of this letter may please be circulated to all concerned.

sd/-

(Surinder Kumar)

Assistant Director General (GDS/PCC)

Source: NFPE

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KVS Orders – Yoga teaching in Kendriya Vidyalayas…

KENDRIYA VIDYALAYA SANGATHAN

18th INSTITUTIONAL AREA, SHAHEED SINGH MARG, NEW DELHI -110016

F.No.110332/02/2013/KVS(HQ)/Acad/Yoga

Dated: 30.12.2013

The Deputy Commissioner,
Kendriya Vidyalaya Sangathan,
All Regional Offices.

Sub: – Yoga teaching in KVs.

Sir/ Madam,
Kendriya Vidyalaya Sangathan has decided to encourage yoga education in all its schools. The National Curriculum Framework (NCF) 2005 has set broad guidelines for physical education and elucidated the importance of including yoga as a compulsory subject. Yoga education contributes to not merely the physical development of the child but have a positive impact on psychosocial and menial development as well. Yoga is to be taught from class VI onwards in all the Kendriya Vidyalayas.

The Regional Offices are directed to appoint yoga teachers on contractual basis in all the Kendriya Vidyalayas (if any regular yoga teacher is not posted in that school) irrespective of number of sections in the vidyalaya. The remuneration of the yoga teachers appointed on contractual basis shall be similar to the payment made to contractual coaches for the sports.The Syllabus to be followed in different classes for the yoga education is enclosed at Annexure-I.

End.: As above.

sd/-

(Dr. Shachi Kant)

Joint Commissioner (Trg..)

Source: www.kvsangathan.nic.in
[http://kvsangathan.nic.in/CircularsDocs/CIR-ACAD-30-12-13.PDF

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