IMPLEMENTATION OF MACP RETROSPECTIVELY W.E.F. 01-09-2008 AND DENYING PROMOTIONAL HIERARCHY UNDER ACP FOR THOSE WHO HAVE COMPLETED REQUIRED SERVICE DURING THE PERIOD BETWEEN 01-09-2009 TO 19-05-2009 HELD NOT LEGALCLICK HERE TO DOWNLOAD THE JUDGMENT
RESERVATION TO SC, ST IS PROVIDED IN THE MATTER OF PROMOTION
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
UNSTARRED QUESTION NO: 3227
ANSWERED ON: 22.03.2017
Promotion to Reserved Category
KAUSHAL KISHOREWill the Minister of
PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) whether the non-gazetted employees belonging to the SC/ST categories working with the Central Government and the autonomous institutions are not given promotion as per the reservation guidelines;
(b) if so, the reasons therefor;
(c) whether a number of proposals for amendments in the rules for promotion are under consideration of the Government; and
(d) if so, the details thereof and the reaction of the Government thereto?
Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)
(a) & (b): As per extant instructions, reservation to the members of the Scheduled Castes and the Scheduled Tribes is provided in the matter of promotion when promotion is made: (a) through Limited Departmental Competitive Examination in Group B, Group C and Group D posts; (b) by selection from Group B post to a Group A post or in Group B, Group C and Group D posts; and (c) by non-selection in Group A, Group B, Group C and Group D posts. Reservation in all the above cases is given at the rate of 15 per cent for the Scheduled Castes and 7.5 per cent for the Scheduled Tribes. However, reservation in promotion is not given in the grades in which the element of direct recruitment, if any, exceeds 75 per cent.
As per extant instructions, Autonomous Bodies/Institutions including Municipal Corporations, Cooperative Institutions etc. under the administrative control of the Central Government also provide reservation for Scheduled Castes and Scheduled Tribes in their services on the lines of the reservations in services under Central Government.
However, as desired by the Honble Supreme Court in Contempt Petition No.314/2016, conveyed to the Law Officer and intimated by him, instructions in pursuance were issued by Department of Personnel and Training on 30.9.2016 not to rely upon Office Memorandum of 10.08.2010 for implementation of own merit concept in promotion for Scheduled Castes and Scheduled Tribes. Due to this, there may be administrative difficulties while considering cases for promotion of employees, including SCs and STs, where selections in promotion have already been made on own merit or are to be made by applying own merit by the concerned cadre controlling authority.
(c): No, Madam.
(d): Does not arise in view of reply given to Part (c) above.
Pada Bhattacharjee veteran leader of Central Government Employees and former
Secretary General & President , All India Audit & Accounts Association
passed away on 22nd March 2017. Confederation CHQ conveys its deepest
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
New Delhi, the 15th March, 2017
G.S.R. 251(E).—In exercise of the powers conferred by the proviso to article 309 read with clause(5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-
1. (1) These rules may be called the Central Civil Services (Leave) Amendment Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Civil Services (Leave) Rules, 1972, for rule 48, the following rule shall be substituted, namely:-
"48, Special Leave connected to inquiry of sexual harassment -Leave upto a period of 90 days may begranted to an aggrieved female Government Servant on the recommendation of the Internal Committee or theLocal Committee, as the case may be, during the pendency of inquiry under the Sexual Harassment ofWomen at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the leave granted to theaggrieved female Government Servant under this rule shall not be debited against the leave account".
A demonstration held by the Central Govt.
Pensioners on 16-3-2017 at Freedom Park, Bangalore. Com. S. Radhakrishna, General Secretary of Co-ordination Committee of
Central Govt. Pensioners Association, Karnataka addressing the
Pensioners. About 250 people attended the meeting.
Note on the
proceedings of the meetings, the
NPS Committee had with the Staff Side, JCM. National Council on 20th
January, and 17th March, 2017.
you are aware, the Govt. had set up a
committee as per recommendations of the 7th CPC to streamline the procedure and functioning of the NPS. The
Staff Side of NC JCM was asked to present their views in the matter. The
meeting was on 20th January, 2017. The Staff side made a written
presentation to the committee on the
subject. (The note was placed on the website). However, it also took the stand
that the consultation with staff side could not be held in the manner of a Raj
durbar as quite a number of Associations especially representing the organised
Group A services and the All India Service officers were also invited to the
said meeting. The staff side was assured
of an independent hearing. Subsequently
the sub-committee III (The Pension Committee had set up three sub committees
to interact with various stake holders on different subjects) under the Chairmanship of Ms. Vandana Sharma,
Addl. Secretary of the Department of
Pension and Pensioners Welfare convened
a meeting on 10th February, 2017. The Sub- Committee was more
concerned about the applicability of various provisions of the present rules to
the NPS subscribers especially those which are punitive in character. In the event of a Government servant being
found guilty under the CCS (CCA) Rules, the Government is empowered to restrict,
reduce or reject the Pension and other retirement benefits. Prior to the
meeting, the sub Committee had asked for views on various issues to be
discussed at the meeting. The official Side wanted similar rules in the case of
NPS subscribers. The Staff Side had submitted a written Note in this regard. The said Note has also been placed on the
website. In the meeting, the Staff Side
had made it categorically clear that no such rules could be imposed on the NPS
subscriber as the annuity which he purchases on the basis of the contribution
made at the end of his service is the product of a financial transaction and
cannot be unilaterally altered at the whims of the employer. Once the contributions of the employee and the employer is remitted to
the investing agency, the employer ceases to be a stake holder any more in the
third meeting was held on 17th March, 2017. The meeting was chaired by the Secretary
Pension. The said meeting was to
specifically interact with the members of the Staff Side. On behalf of the Staff side, the following
comrades took part in the meeting.
M.Raghavaiah (Leader, Staff Side)
Sivgopal Misra(Secretary Staff Side)
Guman Singh and (NFIR)
6.Com. Sreenivasan (INDWF)
As indicated earlier, several Associations of
Group A Officers had made their presentations. Some of the important points mentioned by them during the discussions
between pre and post 2004 officials- 2)While
Govt. determines the quantum of pension subscription and makes it mandatory it refuses to
guarantee a minimum return. 3)Atal
Pension Yojana offers better and guaranteed benefit to the Subscribers. 4)The Government’s assurance that the employees
under NPS will get annuity not less than the minimum pension under the defined
benefit scheme and might even be more was
made on wrong assumption in as much as -
of the corpus was taken for computation
of annuity whereas as per the scheme only
40% of the pension wealth alone
would b e available.
expenses are exorbitantly under- valued.
benefit for the family the case of a Pensioner, who dies at an early age under
is not cost-indexed. 5)Two
officers at the level of the Secretary to GOI retiring on the same day in 2037( former recruited in 2003 and latter
in 2004 )will have a huge differential in pension. The 2003 recruitee will have pension 3.25
times of the annuity of the 2004
recruitee. Over a period of next 10 years i.e in 2047,(due to cost indexation)
the 2003 recruitee will have pension 7.4 times of what the 2004 NPS official receives as annuity. 6)In
most of the countries where contributory pension scheme is in vogue, the Govt’s
(employer) contribution is 25% of the salary while that of the employee is 10% 7)The
NPS Contribution do not enjoy the Tax benefits like PPF, EPF, GPF etc.
Secretary Pension informed the members that the Committee’s mandate is only to
make suggestions to streamline the NPS procedures and make the rules simple and
transparent. The basic features will not therefore undergo any change. He
concluded that neither the scheme would be
replaced or discarded, nor any guaranteed minimum pension would be offered. as in both cases Govt. will
have to undertake financial
obligations. He clarified that the Sub
Committees have been set up to expedite the work. The staff Side in their presentation made out
inter alia the following points: a)The
number of employees covered under NPS in increasing day by day and in a
decade’s time, they might become significant segment of the Government
those who are covered by the scheme are extremely critical and resent that
their savings are channelled into private hands to help the corporate bodies to
make enormous profits. c)There
is no likelihood either now or in any time in future that NPS subscribers will
be able to purchase an annuity equivalent to what the
pensioners under the Defined Benefit Scheme is entitled. The Government must
honour its commitment made to this effect to the staff side in the National
Council, when the NPS was introduced. d)The
Committee in its report must at least
bring it to the notice of Government that the Staff Side of the JCM is
of the firm view that the cosmetic changes in the scheme will not bring about
any tangible benefit to the subscribers and the Government must as an interim
measure guarantee the pension to NPS subscribers equivalent to what is provided
for the personnel covered under the defined benefit scheme. e)The
Staff Side opined that the committee
will be well within its term of
reference to suggest.
(i)Cost-indexation of annuity
as the Contribution made by the
subscribers and the Government as employer
is 10% of the salary-salary for this purpose being Basic Pay and
Dearness allowance. In other words, in every six months contribution increases
and therefore it is logical that the annuity is also raised every six months to
keep pace with the rate of inflation.
(ii)Minimum guarantee is assured
by many countries even under the contributory system of pension and the
provision to the contrary in the PFRDA Act must be recommended to be removed.
(iii)It is a welcome step that
the Govt. has now decided to extend the benefit of family pension in the case
of all NPS subscribers who die in harness. The family pension can therefore be
assured at the prevailing rate for all
NPS subscribers, if necessary by appropriating a one-time deduction from their pension wealth, at their option, at the time of retirement.
(iv)To introduce the GPF again as a voluntary
(v)All NPS subscribers must be
provided with a payment slip by the heads of offices indicating the amount deducted, the amount
contributed by the Govt. and the date on which the sum has been made over the to the fund
managers, irrespective of the communication the subscriber is entitled to get
from the PFRDA registry.
(vi)No rules to be framed to
link the pension benefit with disciplinary proceedings.
(vii)The present investment
pattern prescribed must be reviewed for its viability periodically.
(viii)The Sub Committee which goes
into the issue concerning framing rules may be asked to interact with the Staff
Side once the draft rules are ready.
(ix)In so far as customer
friendly procedures are concerned, the committee may look at the best
international practices with a view to adopt and incorporate them.
could be seen from the deliberations in the committee that nothing short of
replacing NPS with Statutory
defined Benefit Pension Scheme
will bring about anything good for new recruitees. Our endeavour must be in that
direction whereby sanctions are generated and compulsions are felt by the Govt as early as
REVISION OF PENSION OF AUTONOMOUS BODY PENSIONERS --- FINANCE
Regarding Revision of Pension of Autonomous
body Pensioners , Finance Ministry has clarified as follows ---
Central Government does not issue any instructions
regarding implementation of recommendations of the Central Pay Commission
PERTAINING TO PENSION IN RESPECT OF EMPLOYEES OF AUTONOMOUS BODIES. In view of
this , NO ORDERS REGARDING IMPLEMENTATION OF RECOMMENDATIONS OF 7th CPC IN
RESPECT OF EMPLOYEES OF AUTONOMOUS BODIES IN THE MATTER OF PENSION ARE TO BE
ISSUED BY FINANCE MINISTRY. The appropriate decision is to be taken by the
concerned Autonomous Body in consultation with the concerned Administrative Ministry
in keeping with the practice on the previous occasions and also in the light of
the Rules and Regulations/Bye-laws governing the service conditions of
respective Autonomous Bodies.
National Secretariat Members (CHQ Office Bearers)
Executives of all Affiliated organisations
Secretaries of all COCs
MARCH 2017 STRIKE – PARTICIPATION OF EMPLOYEES ALL TIME HIGH:
received from Affiliated organisations and COCs and also many field level units
shows that the participation of employees in the 16th March 2017
strike was all time high. The reason is obvious that the employees are angry
and upset due the totally adamant and negative attitude of the NDA government
towards the genuine issues of Central Govt. employees and pensioners and their discontentment
was ventilated through the strike as an outburst of their pent up feelings. The
response to the strike call was overwhelming and majority of employees suo-moto
participated in the strike without any compulsion. This was also quite visible
during the 15th December 2016 Parliament March and other agitational
programmes including dharna and observance of 6th March 2017 Black
Day. (For other details please see the press statement dated 16.03.2017
published in the Confederation website). Confederation National Secretariat
congratulates and salutes all the leaders and employees who organized and
participated in the strike and made it one of the best organized and best
participated historic strike of Central Govt. Employees. Once again it is
proved that it is Confederation alone, which is the true representative of
entire Central Government employees.
MEETING ON 13TH APRIL 2017 WILL DECIDE FUTURE COURSE OF ACTION.
Secretariat of the Confederation will meet at Delhi on 13.04.2017, as already
notified. Secretariat will conduct a detailed review of the strike and decide
future course of action. All National Secretariat members are requested to
attend the meeting without fail.
INDIA TRADE UNION EDUCATION CAMP AT THIRUVANANTHAPURAM ON 06TH &
07TH MAY 2017:
already notified, the All India Trade Union Education Camp of Confederation
will be conducted at EMS Academy, Thiruvananthapuram on 6th & 7th
May 2017. All affiliated organisations and COCs are one again requested to
ensure participation of allotted number of delegates WITHOUT FAIL. Please
ensure that travel tickets are booked immediately, if not already booked.
(Notice was issued in January itself to facilitate booking of confirmed train
tickets, as train reservation starts four months in advance).
Quota allotted to each organisation
and COC and other informations relating to the camp are is furnished in the
delegates to the camp, younger generation and ladies may be given maximum
to say that for smooth and efficient functioning of an organisation, especially
for a vibrant organisation like Confederation, funds is an essential
requirement. Unfortunately, many affiliates and COCs are continuously failing
in their responsibility to support the Confederation CHQ financially. Available
fund has been utilized for Parliament March and strike campaign. Now the
financial position is almost NIL. Unless all the affiliates and COCs clear
their quota immediately, it will adversely effect the CHQ functioning. All
affiliates and COCs are one again requested to clear the quota (Re.1/- per
member per year) before 31.03.2017. Please treat it as most important. The amount
may be remitted to:
JOINT MOVEMENT AND
CAMPAIGN AGAINST CONTRIBUTORY PENSION SCHEME (NPS) AND OUTSOURCING OF GOVT.
are in progress for organizing nationwide campaign and agitational programmes
against the NPS and outsourcing of Government functions, jointly with All India
State Government Employees Federation (AISGEF) and other like-minded
organisations. Final decision in this regard will be taken in the National
Secretariat meeting to be held on 13th April 2017.