Monday, June 18, 2018

Extension of 7th Central Pay Commission in the cases of Pensioners of Pre-2016 of the (AYUSH) Research Councils - reg.


Holding of meeting of the NJCA :: 3rd July 2018




RESERVATION FOR CANDIDATES FROM OTHER BACKWARD CLASSES - REVISION OF INCOME CRITERIA AND DETERMINING EQUIVALENCE OF POSTS IN CENTRAL PUBLIC SECTOR ENTERPRISES (CPSES), PUBLIC SECTOR BANKS, PUBLIC FINANCIAL INSTITUTIONS, ETC. WITH POSTS IN GOVERNMENT FOR ESTABLISHING CREAMY LAYER CRITERIA – REGARDING

F. No. 36033/2/2018-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment (Reservation-I) Section

  North Block, New Delhi Dated June 8, 2018
To
            The Chief Secretaries of all States / Union Territories

Subject:- Reservation for candidates from Other Backward Classes - Revision of Income Criteria and determining equivalence of posts in Central Public Sector Enterprises (CPSEs), Public Sector Banks, Public Financial Institutions, etc. with Posts in Government for establishing Creamy Layer criteria – regarding

Madam/ Sir,
            I am directed to invite attention to this Department’s Office Memorandum No. 36012/22/93-Estt,(SCT) dated 08.09.1993 which, inter-alia provided that sons and daughters of persons having gross annual income of Rs.1 lakh or above for a period of three consecutive years would fall within the ‘creamy layer’ and would not be entitled to get the benefit of reservation available to the Other Backward Classes.

2.         The aforesaid limit of income for determining the creamy layer status was subsequently raised to Rs. 2.5 lakh, Rs. 4.5 lakh Rs. 6 lakh and Rs. 8 lakh vide this Department’s O.M. No. 36033/3/2004-Estt.(Res.) dated 09.03.2004, O.M. No.36033/3/2004-Estt. (Res) dated 14.10.2008, O.M. No. 36033/1/2013-Estt.(Res.) dated 27.05.2013 and CM. No. 36033/1/2013-Estt. (Res) dated 13.09.2017, respectively.

3.         This Department is in receipt of references seeking clarification on the status of equivalence and revision of income criteria, in Central Public Sector Enterprises (CPSEs) and Financial Institutions with posts in Government. In this regard, copies of the following Office Memorandums issued by Department of Public Enterprises, Department of Financial Services and this Department are enclosed for ready reference:

i) O.M. No. 36033/1/2013-Estt.(Res.) dated 13.09.2017 of this Department regarding revision of income criteria;

ii) O.M. No. DPE-GM-/0020/2014-GM-FTS-1740 dated 25.10.2017 of the Department of Public Enterprises on establishing equivalence of posts in Central Public Sector Enterprises (CPSEs) with Posts in Government for establishing Creamy Layer criteria; and

iii) O.M. No. 19/4/2017-Welfare dated 06.12.2017 of the Department of Financial Services on establishing equivalence of posts in respect of Public Sector Banks, Public Financial Institutions, Public Sector Insurance Companies.

4. It is requested to please bring the contents of the above mentioned O.M.s/ instructions to the notice of all concerned for information / compliance.
Yours faithfully,
Sd/-
(Raju Saraswat)
Under Secretary to the Government of India
Telefax - 23092110

Copy to:
1. All the Ministries/Departments of the Government of India
2. Ministry of Social Justice and Empowerment, Shastri Bhawan, New Delhi
3. Department of Public Enterprises, CGO Complex, Lodi Road, New Delhi.
4. Department of Financial Services, Jeevan Deep Building, Parliament Street, New Delhi
5. National Commission for Backward Classes, Trikoot-1, Bhikaji Cama Place, R. K. Puram, New Delhi
6. Hindi Section for providing a translation
7. Guard File




RESERVATION IN PROMOTION CASE STATUS AFTER SUPREME COURT INTERIM ORDER (DOPT ORDER)

F. No. 36012/11/2016- Estt.(Res-I) {Pt-II}
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment (Reservation-I) Section
North Block, New Delhi
Dated June 15, 2018
OFFICE MEMORANDUM

Subject: Implementation of interim Orders/ directions in Special Leave to Appeal (C) No. 30621/2011 arising out of final judgment and order dated 15.07.2011 in CWP No. 13218/2009 passed by the Hon’ble High Court of Punjab & Haryana and Special Leave to Appeal (C) No. 31288/2017 arising out of Hon’ble Delhi High Court judgment dated 23.08.2017 and other related court cases — regarding

The Hon’ble Supreme Court vide its order dated 15.11.2017 in SLP(C) No. 28306/2017 has decided to refer to a Constitution Bench to examine whether its earlier decision in M. Nagraj and others vs. Union of India and others requires reconsideration or not, inter alia, on the issue as to whether test of backwardness would, at all, apply in case of SC and ST.

2. The Hon’ble Supreme Court in SLP (C) No. 30621/2011 has passed the following Order on 17.05.2018:

“It is directed that the pendency of this Special Leave Petition shall not stand in the way of Union of India taking steps for the purpose of promotion from `reserved to reserved’ and ‘unreserved to unreserved’ and also in the matter of promotion on merits

3. Further, in the matter related to SLP(C) No. 31288/2017, connected to Special Leave to Appeal (C) No. 28306/ 2017,  the Hon’ble Supreme Court held as under on 05.06.2018:

“Heard learned counsel for the parties. Learned ASG has referred to order dated 17.05.2018 in SLP (C) No.30621/ 2011. It is made clear that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter. Tag to SLP(C) No.30621 of 2011.”
4. The cadre controlling authorities of Central Government Ministries, Departments and Union Territories are to carry out promotions in accordance with the directions of the Hon’ble Supreme Court mentioned in paragraphs 2 and 3 above based on existing seniority/select lists.

5. Every promotion order must clearly mention the stipulation that the promotion shall be subject to further orders which may be passed by the Hon’ble Supreme Court.

6. All Ministries/ Departments are requested to bring this to the notice of all concerned for information/ compliance.

7. State Governments are also advised to take necessary action in accordance with the above mentioned orders passed by the Hon’ble Supreme Court.
(G. Srinivasan)
Deputy Secretary to the Government of India
Circular No.CHQ/02/2018                                                                                                           Dt.11-06-2018

Dear Comrades,

Historic 16 days GDS All India Strike

Red salute & Revolutionary greetings to all 

 United we stand .. divided we fall ….

The AIPEU-GDS CHQ convey its sincere thanks to all GDS comrades for their support, cooperation, encouragement during the period of 16 days indefinite strike from 22nd May to 06th June 2018.
The strike is a historical and heroic-one in the history of Postal Trade Union movement in India. This is the strike against ‘discrimination shown by the Department & Government’, ‘anti-worker policy of the Govt’. and  for ‘self-respect’ of GDS all over the country. This is only a first step and there are miles to go for the cause of GDS and our goal is 'civil servant status to GDS', 
The decision taken by our CHQ in consultation with NFPE leadership to serve strike notice is quite right as it was discussed elaborately in our 3rd AIC, Allahabad and decided to go on indefinite strike during May 2018. The BEDEU served strike notice and went on strike from 14th May. The AIGDSU & NUGDS served strike notice on 03rd May to commence their indefinite strike from 22nd May. Even though our union is not consulted on the strike issue, to oppose the policy of the Govt and regarding GDS for immediate implementation of Kamalesh Chandra Committee Report and also to maintain total unity amongst GDS cadre, it is decided to serve notice by our Union for indefinite strike from 22nd May itself. BEDEU expressed their inability to share our platform. Our stand during negotiations and subsequent decisions was that unity should be maintained and our Union should not withdraw from the strike unless and until all other GDS unions also decided for withdrawal of strike. The initiative taken by our leadership in making personal contacts with other GDS Unions and timely decisions resulted in building up total unity of 3 lakhs GDS and maintaining it throughout the strike, till end.
The GDS CHQ express its sincere thanks to NFPE CHQ, NFPE & FNPO leadership for extending full support and solidarity by giving call for nationwide wearing of black-badge, demonstration, dharna, and relay hunger fast. CHQ appreciates the decision of the P4 CHQ to serve strike notice in support of GDS strike from 23rd May and it is continued till the GDS strike end.
Red salute to the decision of C-o-C, Kerala Circle during their joint Circle conference and all NFPE & FNPO departmental unions participated in the indefinite strike from 22nd to 31st May (10 days) along with GDS strike. In Andhra Pradesh, Postal JCA (NFPE & FNPO) departmental unions participated in the GDS strike for 4 days. In Tamil Nadu all NFPE departmental unions participated for 4 days. In West Bengal all NFPE departmental unions continued for 4 days in the strike. In Telangana P3 & P4 unions participated for 4 days. In remaining circles, all departmental unions of Postal Federations totally extended their cooperation, support and solidarity to striking GDS during 16 days of strike.
The GDS indefinite strike in the country attracted the attention of World Federation  of Trade Unions (WFTU). The Central Trade Unions viz., CITU, AITUC, INTUC extended their solidarity and wrote to Govt. The fraternal organizations viz., Confederation of Central Govt Employees & Workers, AIPRPA (Postal & RMS Pensioners Association), NFPE, FNPO, IP/ASP Associations etc., extended their solidarity and support to the indefinite strike. There was full support from general public, print and electronic media. Com. Sitaram Yechury, General Secretary, CPI(M), Com. Pinarayi Vijayan Chief Minister, Kerala  and many other political leaders and people’s representatives wrote letters to Prime Minister of India demanding immediate settlement of GDS strike and implementing Kamalesh Chandra Committee Report.
Various types of agitational programmes conducted during the 16 days viz., rallies, demonstrations, public meetings with participation of distinguished public representatives, submission of memorandums at various levels of Govt & administrations by our GDS in all Circles.
It is very much regret to mention here that this strike caused the lives of about 8 GDS comrades all over India. CHQ convey its deep grief on their demise and condolences to their family members.
The 16 days strike caused total disruption of rural postal services due to closing of 1.29 lakh Branch Post Offices and paralyzed the rural postal system in all the Circles. From the beginning to end the GDS are determined to continue the indefinite strike till the demand is resolved. The frustration prevailed among the GDS due to discrimination and delay lead to an emotional situation leading to total strike for 16 days. The Union leaders were cautioned by the cadres not to withdraw the strike and messages floated in SMS & What’sapp.
From 18th May to 5th June, many rounds of discussion took place in formal and informal meetings with the Officers of the Department besides two days reconciliation meeting with Regional Labour Commissioner (Central), New Delhi with four strike participant GDS Unions resulted in vain. Every time, the Department appealed for calling off the strike without any written assurance/agreement on our demand. All GDS unions taken a firm stand unitedly to continue the strike till an honourable settlement is reached.
The positive response in favour of GDS from public, political parties & leaders, MPs, MLAs, MLCs and many other public representatives, Trade Unions compelled the Govt and Department to change their stand.  Thus major recommendations of Kamalesh Chandra Committee on wage increase approved in the Cabinet meeting held on 6th June 2018. Though other recommendations are still pending, as the major demand is approved all the GDS unions unanimously decided to call off the indefinite strike on 16th day i.e., 06th June. Comrades, we should be very vigilant that any major deviations from the recommendations of Kamalesh Chandra Committee, our union along with other GDS Unions and with the support of Federations will start agitation programmes, if necessary.

AIPEU-GDS CENTRAL WORKING COMMITTEE MEETING:: 04TH SEPTEMBER 2018

It is notified by CHQ that the Central Working Committee meeting of AIPEU-GDS will be held on 04th September 2018 in New Delhi. Notice and agenda will be circulated soon. CWC will review the entire situation after the strike and organizational issues would also be discussed and suitable decisions will be taken.

ONE DAY STRIKE OF CENTRAL GOVT EMPLOYEES AND WORKERS ON 15 NOV,2018
              The National Convention of Central Govt employees held on 10th June 2018 in Hyderabad  unanimously decided to conduct one day strike on 15th November 2018. “grant of Civil servant status for GDS” has been included as an important demand in 10 point charter of demands. As an affiliate of Confederation, AIPEU-GDS members also should participate in all the programmes including one day strike called by the Confederation of Central Govt employees and workers. State Govt employees of all the States will also participate in the strike on 15th Nov 2018. Another Circular will be issued in detail.
On 5th September 2018 Confederation, NFPE and many other class and mass organizatgions are going to conduct massive rally in New Delhi. As an affiliate of Confederation and NFPE, the GDS members of AIPEU-GDS have to participate in the programme. All the Circle Secretaries and CHQ office bearers nearby Delhi are requested to mobilize the GDS members for 5thSeptember programme and make it a grand success.

Financial Position of CHQ:
           It is well aware to all the members that AIPEU-GDS is well established in almost all divisions in all circles during the last 6 years period. We have participated in the recent membership verification (Sep-2017) and got more percentage of membership for recognition. It is stopped abruptly by the department and re-verification is yet to be ordered. To run our organization much more effectively at CHQ level, it needs financial support from the members. It is requested that during drawal of arrears of GDS Pay Committee, every member shall donate minimum Rs.100 (maximum amount may be remitted as per your capacity)  to CHQ through the divisional / Circle Unions to fulfill the utmost needs of CHQ. All Branch / Divisional / Circle Secretaries are requested to approach the members for their generous financial contributions to our Union ensure the support to CHQ positively.

Address of the CHQ:
General Secretary,
AIPEU-GDS
Dada Ghosh Bhawan
2151/1, New Patel Road
New Dehil – 110 008
…..
Remittance  will be made by MO to the above address & with full address of remitter.

With fraternal greetings,

P.Pandurangarao
General Secretary
AIPEU-GDS
09849466595
aipeugdsnfpe@gmail.com

Thursday, June 14, 2018

Revision of Pension as per 7th CPC to Retired Employees of KVS

Minutes of the 30th SCOVA meeting held under the chairmanship of Honourable MOS(PP) on 23.03.2018, at Vigyan Bhawan Annexe, New Delhi-reg   (Click the link below to view)



Wednesday, June 13, 2018


GRANT OF SPECIAL INCREMENT IN THE FORM OF PERSONAL PAY TO CENTRAL GOVERNMENT SERVANTS FOR PARTICIPATION IN SPORTING EVENTS AND TOURNAMENTS OF NATIONAL OR INTERNATIONAL IMPORTANCE, IN THE 7TH CPC SCENARIO- REG.
Click here to  DOWNLOAD

Tuesday, June 12, 2018


16 days glorious GDS All India Strike
M.Krishnan
Secretary General,
Confederation of Central Govt. Employees & Workers
Background:
                   In the Department of Posts, there are 1,55,000 Post Offices out of which 1,29,346 are Branch Post Offices functioning in rural villages.  Out of five lakhs employees 3.07 lakhs employees are Gramin dak Sevaks (GDS) mostly working in Branch Post Offices.  The service conditions of GDS are worst.  They are paid monthly allowances instead of Pay.  Allowance paid for minimum 3 hours duty is Rupees 2290/- + DA and for maximum 5 hours duty is Rs4575 + DA.  Other benefits enjoyed by Departmental regular employees like House Rent Allowance, Transport Allowance, Children Educational Allownce, Medical reimbursement, Six months maternity leave, Three Time bound promotion, Earned leave, etc. are not granted to GDS.  GDS service is not counted for pension.  Rent and electricity charges of the Branch Post Offices are paid from the pockets of Branch Post Master.  90% of the GDS retire from service as GDS itself without getting any promotion.
                   GDS are not treated as Central Government employees.  There are treated as “outside the Civil Service” (Extra-Departmental employees).  National Federation of P&T Employees (NFPTE) and later National Federation of Postal Employees (NFPE) conducted several agitational programmes including strikes in the past demanding regularisation and better service coditions for GDS, as a result of which some improvements in service conditions could be made.
Cause of the Strike:
                   Government refused to include GDS under the purview of 7th Central Pay Commission stating that GDS are not civil servants.  Instead, a separate Committee headed by Shri. Kamalesh Chandra, Retired Postal Board Member, was appointed to examine the wages and service conditions of GDS.  This committee submitted its report to Government on 24-11-2016.  Unlike the past bureaucratic committees, Kamalesh Chandra Committee made many positive recommendations.  For a Branch Postmaster minimum wage of 4 hours duty is recommended as Rs.12,000/- + DA and maximum for 5 hours duty as 14,500/-  + DA.  For other categories of GDS minimum wage recommended for 4 hours is 10,000 + DA and maximum for 5 hrs. is 12,000 + DA.  Other benefits like Composite Allowance, Children Education Allowance, Time Bound three promotions, six months maternity leave, 35 days leave etc. are also recommended.
                   Eventhough the Kamalesh Chandra Committee report was submitted in November 2016, even after a lapse of 18 months, the Government was not ready to implement the report.  The All India Conference of All India Postal Employees Union GDS (AIPEU-GDS) which is an affilite of National Federation of Postal Employees (NFPE), held in February 2018, decided to go for indefinite strike in the month of May 2018 demanding immediate implementation of positive recommendations of Kamalesh Chandra Committee. 
Serving of strike notice - Total unity achieved only because of the timely decision of AIPEU-GDS:
                   Though decision for indefinite strike was taken and announced by our Union, the BMS affiliated union BPEDEU served the indefinite strike notice first in April 2018.  Then the AIGDSU and NUGDS (INTUC) jointly served indefinite strike notice from 22-05-2018.  Our union was not consulted by the above three GDS Unions.  Keeping in mind that the policy of the Government is to be opposed and for that total unity is required, it is decided to serve indefinite strike notice by AIPEU-GDS also from 22-05-2018 itself, from which date other GDS Unions are also going on strike.  Thereafter interaction was made with all the other three GDS Unions by personally contacting their leadership. BMS Union expressed their inability to share platform with other unions due to their own reasons and conducted the strike. The other two GDS Unions agreed for jointly moving ahead.  Our stand during negotiation and subsequent decisions was that unity should be maintained and our union should not withdraw from the strike unless and until all other unions also decide for withdrawal of the strike.  Thus our timely decision to serve strike notice from the same date and also the initiative taken by our leadership in making personal contacts with other GDS Unions resulted in building up total unity of three lakhs GDS and maintaining it through out the strike, till end. 
Developments during the strike:
                   Strike was near total in all states as all the four unions were on strike. Government’s attempt to break the strike failed.  Secretary, Department of Posts, issued two appeals to the unions and also individually to all striking GDS to withdraw the strike.  A pre-condition was made that “strike should be withdrawn first” and then only Minister, Communications will discuss with Union leaders.  All the four striking GDS Unions rejected the appeal and also “withdraw the strike first and then only discussion” stand of the Government and the strike continued for sixteen days.  There was no fall in percentage of the strike till end and there was no crack in the unity among the GDS any where.  Victimisation threats also did not work. 
                   All the Central Trade Unions (CITU, AITUC and INTUC), Confederation of Central Govt. Employees & Workers, World Federation of Trade Unions (WFTU) and many other organisations extended full support and solidarity to the strike.  All the Postal Federations (NFPE, FNPO, BPEF) extended full support and solidarity to the strike.  In states like Kerala, Tamilnadu, Andhra Pradeh, Telangana and West Bengal entire departmental employees also went on solidarity strike from 4 days to 10 days.   There was full public support and media support.  Com. Sitaram Yechury, General Secretary, CPI(M) wrote a letter to Prime Minister demanding immediate settlement.  Com.Pinarayi Vijayan, Chief Minister Kerala also wrote letter to Prime Minister. 
Modi Govt. was compelled for settlement on the 16th day:
                   Realising the fact that the Government and BJP is totally isolated among the public, especially among the rural public who have very close personal relationship with the Branch Postmaster and Delivery Agent irrespective of political affiliation, the Government suddenly changed its stand and in the Cabinet meeting held on 6th June 2018, major recommendations regarding enhancement of wages of GDS was approved.  Though other recommendations are still pending, as the major demand is approved all the GDS Unions unanimously decided to call off the indefinite strike on the 16th day.  Call for conducting victory rallies at all places was also given and implemented jointly.
Lessons of the Strike
                   After the heroic struggle of the Kisans of Maharashtra, which compelled the BJP Government of Maharashtra to come to settlement conceding the demands of farmers, the historic 16 days strike of GDS also succeeded in compelling the most anti labour Modi Government to come down and settle the major demand.  This was made possible only because of the rock-like unity of the striking GDS.  All attempts of the Modi Government to break the strike miserably failed.  Being rural Postal employees, the public had a very deep attachment and personal contact with the Branch Postmaster and Delivery Agent.  This unbreakable bond among the GDS and rural public contributed a lot in garnering full public support to the strike.  When the strike went on, not only the GDS employees but the public, including those supporting the BJP, started turning against the Government and the political leadership of BJP has understood that the strike has struck at the very root of their political base in the villages.  This realisation made them to come down from their authoritarian stand.  Most significant part of the strike is that GDS belonging to different states, culture, language, religion and caste stood like one man and fought the battle unitedly as a class defeating the mechanisations of the communal elements to divide the working class in the name of caste, religion, language etc.  This strike has its own implication among other sections of the toiling masses and a new thinking “If three lakhs GDS can, why can’t we” is being seriously discussed.
 ..................