Wednesday, August 20, 2014
MACP ON PROMOTIONAL HIERARCHY - GUWAHATI CAT JUDGMENT
GRANT OF MACP ON
PROMOTIONAL HIERARCHY: CAT GUWAHATI DIRECTS UNION OF INDIA TO GRANT MACP ON
PROMOTIONAL HIERARCHY TO ASSISTANT ENGINEERS OF CPWD. THE CASE WAS
FILED BY SHRI NARAYAN KALITA AND 26 ASSISTANT ENGINEERS VIDE OA NO.
040/000052 OF 2014.
By citing the judgments delivered by the Principle CAT,
Delhi & High Court Chandigarh on the subject the Hon’ble judges
have observed that “ In our considered view the aforesaid judgement rendered by
the Chandigarh Bench as upheld by the Hon’ble High Court of Punjab
and Haryana as well as judgement passed by the CAT, Principle Bench. In view of
the above the present OA is allowed. Respondents are directed to grant scale of
pay (PB-3) of Rs. 15,600-39,100+ Grade Pay of Rs. 6600/ attached to
the said promotional posts of Executive Engineer from due date to the
applicants.
The aforesaid directions shall be complied with within a period of three
months from the date of receipt of a copy of this order, subject to the other
conditions mentioned in the MACP Scheme.”
Action against “habitually late” employees to be intensified
Cabinet Secretary Ajit Seth has asked Secretaries of all
central departments to intensify the crackdown on government employees who are
found to be “habitually late” in reaching office. Seth, in his July 31 missive,
has specifically cited concerns expressed by Prime Minister Narendra Modi in
this regard. Stating that the onus lies on the Secretaries to make the staff
more work-oriented, the letter says that Modi has taken cognizance of some
official reports which say that there has been no visible improvement in the
ambience of the workplaces while “some officials have been habitually coming
late” to work.“In some departments, the ministers have noticed the laxity in
this regard. The PM has expressed concern over these reports,” says the letter.
The government is waiting for the success of its drive to make its employees
punctual, which can happen on “continued perseverance by every employee,” it
says. Cautioning the Secretaries against any “slippages” in this regard, Seth
has asked them to review the situation on a sustained basis. At a meeting with
the Secretaries in June also, Seth had emphasised the need to ensure
punctuality and attendance. Two Secretary level officers told The Indian
Express that a Joint Secretary level officer has been informally deputed in
each ministry to keep a check on attendance. Though the letter does not spell
out the punitive action in case of continued poor attendance, it is learnt that
the defaulters may have to take compulsory leave.
Source-http://indianexpress.com/
Tuesday, August 19, 2014
Sunday, August 17, 2014
Ref: Circular No. 18 Dated – 17.08.2014
To
All CHQ office Bearers
All Affiliated organizations
All State C-O-Cs
CONFEDERATION DECLARES NATIONWIDE AGITATIONAL PROGRAMMES
Dear Comrades,
The National Sectt. of the Confederaton met at New Delhi on
11.08.2014 to consider the follow up action required in the matter of some of
the pressing issues on which Confederation had organized series of agitational
programmes prior to the commencement of the Election process of the 16th
Lok Sabha. The CHQ has received reports from various affiliaties to the effect
that they have all endorsed the common memorandum, the Confederation had
submitted to the 7th CPC. Most of the affiliates have emailed copies
of the respective memorandum to the CHQ. Those who have not sent copies are
requested to do so without further loss of time. This will enable the
Confederation to write to the 7th CPC to provide an opportunity to
these organisations to tender oral evidence to explain and elucidate their
submissions in the memorandum.
The meeting noted that there has been only negative response
from the Government on the issues of Interim Relief and merger of DA. We have
already sent to you a copy of our letter addressed to the Seretary, Staff Side,
JCM National Council, (Com. Shivgopal Mishra) which is yet to be responded. The
meeting considered the following issues as important, the pursuance of which must
not brook any delay, especially in the background that the 7th CPC
has formally written to the Government asking it to indicate the course of
action required to be taken on the memorandum of the staff side on Interim
Relief and marger of DA.
CHARTER OF DEMANDS
1. Merger
of DA with pay for all employees with effect from 01.01.2014 including Gramin
Dak sewaks and pensioners.
2. Grant
of Interim Relief to all employees including Gramin Dak Sewaks and Pensioners.
3. Inclusion
of Gramind Dak sevaks under the purview of 7th Central pay
Commission.
4. Scrap
PFRDA Act and grant of statutory pension to all.
5. Date
of effect of 7th CPC recommendations should be 01.01.2014.
6. Regularisation
and revision of wages of casual laboures and contract workers.
7. Removal
of 5% condition for compassionate appointments.
8. Fill
up al vacant posts and creation of new posts wherever justified.
9. Stop
downsizing, outsourcing, contractorisation and privatisation of Government functions.
10. Grant
Productivity linked Bonus to all without ceiling; compute Bonus as weighted
average of PLB for those not covered by PLB agreement.
11. Revise
OTA and NDA and implement arbitration awards.
The meeting also considered the policy perception of the new
Government in the light of the administrative price hike in petroleum products,
the proposals in the Railway and General Budget, the steep hike in the freight
and passenger fares of Railways, the decision to hike FDI in Defence
Production, Railway Infrastructure and Insurance sectors, disinvestment of
public sector including nationalized banks and have come to the inescapable
conclusion that under Narendra Modi dispensation, the neo-liberal policies, as
expected, will only be intensified and the promised “Achche Din” is for the
Corporate giants of the country. The last session of the Parliament witnessed
the determination of the NDA Government in changing the labour laws on the
lines of the enactment made by Rajasthan Government of Vasundhara Raje Scindhia
by virtue of which in almost 90% of the manufacturing units in India, the
employers are permitted to indulge in hire and fire policy, for the existing
regulations will be dispensed with.
The meeting came to the decision that the confederation must
organise serious and prolonged campaign, preferably in unison with the Railway
and Defence Federations. We will pursue our consultation with those Federations
to reach a common approach in the matter. Since it might take some more time,
the meeting decided to pursue the demands through a demonstrative programme.
11th
September 2014 - Submission of the Charter of Demands along
with a brief Note to all heads of offices by arranging demonstration in front of
all offices; the branch level/district/divisional/state level leaders will explain
the demands especially the memorandums on interim relief, DA merger and GDS
issues.
19th
September 2014 - Dharna between 10 AM to 3 PM at all
important state/districts/divisional centres.
25th
September 2014 - Dharna between 10 AM to 3 PM at New Delhi with
participation of the leaders of all affiliates and the members working in the
city of Delhi (at a central place-to be decided by the Confederation Delhi
State committee).
Confederation office Bearers will meet again at Delhi on
26.09.2014, 5 PM to decide further course of action. Confederation will bring out
pamphlets and bulletins to explain various issues like minimum wage, DA, Bonus,
GDS problems etc. shortly as part of an
education campaign. The detailed campaign programe to be undertaken after
Diwali festival will be intimated later.
Comradely yours,
(M. Krishnan)
Secretary General
BCPC WRITES TO MINISTER SEEKING JUSTICE TO ALL PRE_2006 PENSIONERS
LET US FIGHT FOR JUSTICE FOR ALL PRE-2006 PENSIONERS
The New NDA Government has taken a decision to implement the
judgment on the contempt of court petition on the Pre-2006 Pensioners case only
to the members of the petitioner pensioner organisations. It was intimated by
the Government side during the hearing on 4th July, 2014 in Principal CAT
that it will implement the decision to the petitioners. Subsequently a
letter has been addressed by the Government to those petitioner
organisations asking the details of the members to enable the Government to
implement the judgment to them only. This shows the mindset of the Government
that it do not want to extend the benefit of judgment to all pre-2006
pensioners. This is a grave injustice to the pre-2006 pensioners' community
which is more than 38 lakhs in numbers.
At the same time the Government has filed another petition
on the same issue in the Supreme Court against the judgment of another court
and that hearing is coming up on 16th September, 2014.
BCPC has written to the Honourable Minister of State of Ministry
of Personnel & P.G & Pensions of Central Government on this matter and
has demanded that all pre-2006 pensioners should get the benefit. The letter of
BCPC is produced below:
BHARAT CENTRAL PENSIONERS CONFEDERATION
2-13A, LGF
(Backside), Jangpura – A, New Delhi – 110014
S.C.
Maheshwari
S.K.Vyas
Chairman
Acting Secretary General
0-9868862322
09868244035
No.BCPC/Pen/Modified
Parity/2014
July 21
, 2014
Dr. Jitendra Singh,
Hon'ble MOS (PP)
Government of India,
Ministry of Personnel & P.G & Pensions,
North Block,
New Delhi
Sub:- Implementation of order of Tribunal in regard to
modified Parity.
Sir,
We would like to bring to your notice the bureaucratic
distortion of orders of judiciary which if not corrected through your kind and
personal intervention is bound to frustrate the entire community of pre 2006
retirees numbering more than 38.41 lakhs and force them to think that change in
Government has been in vain as because the bureaucrats are even now being
have been allowed to misinterpret judicial orders forcing affected
pensioners to go to courts and thus multiply litigations in the country. While
submitting the details of this case we also request you kindly to give us an
opportunity to meet you to explain our request.
2. The facts
of the case briefly stated are as under:-
a). The VI CPC in Para 5.1.47 of their report
recommended that the fixation of revised pension as per the table given by them
"will be subject to the provision that the revised pension, in no case,
shall be lower than fifty percent of sum of the minimum of the pay in the pay
band and the grade pay thereon corresponding to the prerevised pay scale from
which the pensioner had retired".
b). The Government of India in their Resolution No.
38/37/08-P&PW (A) dated 29.8.2008 accepted the above proviso by reproducing
it per verbatim at item 12 of the statement showing the relevant
recommendations and decision of the Government thereon (vide Annexure the said
Resolution).
c). In Department of Pension & Pensioners Welfare
O.M No. 38/37/ 08 P&PW dated 1.9.2008 same proviso has been
incorporated at para 4.2 thereof.
d). The Department of Pension & Pensioners Welfare
through their clarificatory O.M. No. 38/37/08 – P&PW (A) pt. 1 dated
3.10.2008 however modified the para 4.2 of their OM dated 1.9.2008 as under:
The pension calculated at 50% of the minimum of pay in the
pay band plus grade pay would be calculated (i) at the minimum pay in the pay
band (irrespective of the prerevised scale of pay) plus grade pay
corresponding to the prerevised pay scale"
e). In other words in all cases it would be minimum
pay of the pay band which would be taken and not the minimum pay in the pay
band corresponding to the prerevised pay scale.
f). This clarification was challenged by the Central
Government SAG (S-29) Pensioners Association in Principal Bench of the Central
Administrative Tribunal (vide O.A No. 655/2010). This Hon'ble Tribunal in their
order dated 1.11.2011 quashed the above clarificatory order of Department of
Pension & Pensioners Welfare dated 3.10.2008 and directed the respondents
refix the pension of all pre 2006 retirees with effect from 1.1.2006 based on
Government Resolution dated 29.8.2008.
g). Government of India challenged the above decision
of the said Tribunal before Delhi High Court vide WP (C) No.1535/2012 which was
dismissed by the High Court vide their order dated 29.4.2013 upholding the
decision of the Tribunal.
Government of
India then filed the following S.L. Ps etc.
(i) SLP (C) No.
23055/2013 dismissed on 29.7.2013
(ii) Review Petition
(C) No. 2492 / 2013 dismissed on 12.11.2013
(iii) Curative
Petition (C)No. 126/2014 dismissed on 30.4.2014
Thus the CAT verdict dated 1.11.2011 attained legal
finality.
h). On 15.5.2014 the Hon'ble CAT
Principal Bench New Delhi disposed of the contempt petition No. 158/2012
directing the Union of India to implement the directions of the Tribunal
expeditiously, preferably within three months"
3.
The Department of Pension & Pensioners Welfare in their letter No.
38/77-A/09-P&PW (A) dated 29.5.2014 written to the Secretary of Petitioner
Association (Central Govt. SAG (S-29) Pensioners Association) has stated that
as per the directions of Hon'ble CAT their order dated 1.11.2011 is required to
be implemented "only in respect of Petitioners in O.A. No. 655/2010 and
not in respect of all pre 2006 retirees as per the Tribunals order dated
1.11.2011. There is no such direction that it should be implemented only in respect
of Petitioners. May be that Government Advocate had indicated that Government
is willing to implement the judgment qua petitioners but the Tribunal had
disposed of the contempt Petition by directing the Union of India to implement
their directions dated 1.11.2011 expeditiously.
4.
It will not be out of place to mention there that response to answer to Lok
Sabha unstarred question No. 3406, the above directions of the CAT Principal
Bench had already been implemented in respect of all pre 2006 retirees but from
an arbitrarily fixed date of 24.9.2012 (vide Department of Pension &
Pensioners Welfare O.M. F.No. 38/40/12- P&PW (A) dated 28.1.2013. It was
not restricted to members of the Petitioners Association Accordingly the
direction to implement it w.e.f 1.1.2006 has to be in respect of all pre 2006
retirees also.
5.
Bharat Central Pensioners Confederation which is the apex body of all Central
Government Pensioners Federations and All India Associations therefore appeal
to you to ensure the correct delivery of justice by implementing the above
judgment of the Hon'ble Tribunal (which had attained finality) in respect of
all pre 2006 retirees so that they are not pushed to seek justice though
multiple litigations.
Thanking you,
Yours faithfully,
(S.K.Vyas)
Secretary General
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