07/11/SH NEWS

The next date of hearing on the upgradation of Grade Pay of LDC in CAT Jabalpur will be decided after submission of the documents sought by the CAT. The date of next hearing on the SLP filed against MACP on promotional hierarchy in Supreme Court is 09/08/2017

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Sunday, December 12, 2010

Amendment to RTI Rules.

The draft rule put up for public discussion for an overhaul of the RTI Rules, is given below. According to this proposal the applications longer than 250 words and raising questions on more than one subject can be rejected. Applications to pay postal charges, in excess of rupees ten, if any, involved in supply of information.
-GS

File No. 113512008-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel Training

North Block, New Delhi-110001
Dated 10th December, 2010.

OFFICE MEMORANDUM

Subject : Amendment to RTI Rules.

The Government proposes to notify Right to Information Rules in supersession of the existing rules, namely, the Right to Information(Regulation of Fee and Cost) Rules, 2005 and the Central Information Commission (Appeal Procedure) Rules, 2005. Comments if any, on the proposed Rules may be sent at e-mail address, usrti-dovt@pic.in by 27 th December, 2010.

(R.K. Girdhar)
US (RT1)

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, PART-II, SECTION 3,SUB-SECTION (i)]

Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
New Delhi, dated the , 2010

NOTIFICATION

G.S.R…..- In exercise of the powers conferred by section 27 of the Right to Information Act, 2005 (22 of 2005) and in supersession of the Central Information
Commission (Appeal Procedure) Rules, 2005 and the Right to Information(Regulation of Fee and Cost) Rules, 2005 except as respects things done or omitted to be done before such supersession, the Central Government hereby makes thefollowing rules, namely:-

1. Short title and commencement. – (1) These rules may be called the Right
to Information Rules, 2010.

(2) They shall come into force on the date of their publication in the Official
Gazette.

2. Definitions.– In these rules, unless the context otherwise requires, -
(a) "Act" means the Right to Information Act, 2005 (22 of 2005);

(b) "Commission" means the Central Information Commission as constituted under sub-section (1) of section 12 of the Act.

(c) "First Appellate Authority" means an officer in the public authority who is senior in rank to the Central Public Information Officer to whom an appeal under sub-section (1) of section 19 lies;
(d) "Government" means the Central Government;

(e) "Registrar" mean officers of the Commission so designated and unless otherwise requires includes an Additional Registrar, Joint Registrar and Deputy Registrar;

(f) "Registry" means the Registry of the Commission comprising the Registrar
General, Registrar, Additional Registrar, Joint Registrar or Deputy Registrar;

(g) "section" means a section of the Act;

(h) all other words and expressions used herein but not defined in the rules shall
have the same meanings assigned to them in the Act.
3. Appointment of Secretary to the Commission: The Government shall appoint an officer not below the rank of Additional Secretary to the Government of India as Secretary to the Commission who shall be the Chief Executive Officer and Registrar General of the Commission.

4. Request for Information: A person who desires to obtain any information from a public authority under sub-section (1) of Section 6 of the Act, shall pay an application fee of Rs. 10/- to the public authority alongwith the application;

Provided that the request for information shall relate only to one subject matter and shall be limited to two hundred and fifty words, excluding the address of the Central Public Information Officer and the address of the applicant.

5. Fees for providing information: Fee for providing information underSection 4(4), Section 7 (1) and Section 7 (5), as the case may be, shall be chargedat the following rates:
(a) rupees two for each page in A-3 size or smaller size paper;

(b) actual cost or price of a copy in larger size paper;

(c ) actual cost or price for samples or models;

(d) for inspection of records, no fee for the first hour; and fee of rupees five for
each subsequent hour (or fraction thereof);

(e) for information provided in diskette or floppy, rupees fifty per diskette or
floppy;

(f) for information provided in printed form, at the price fixed for such
publication or rupees two per page of photocopy for extracts from the
publication;

(g) the actual amount spent by public authority on hiring a machine or any other
equipment, if any, to supply information;

(h) Postal charges, in excess of rupees ten, if any, involved in supply of information.

Provided that no Fee shall be charged under this rule from the persons who
are below poverty line as may be determined by respective State Governments.

6. Payment of fee: Fee under these rules shall be paid by way of:

(a) cash, to the public authority or to the Central Assistant Public Information Officer of the public authority , as the case may be, against proper receipt; or

(b) demand draft or bankers cheque or Indian Postal Order payable to theAccounts Officer of the public authority; or

(c) electronic means to the Accounts Officer of the public authority, if facility for receiving fee through electronic means is available with the public authority:

Provided that a public authority may accept fee by any other mode of payment.

7. Appeal to the first Appellate Authority: A person aggrieved by any order passed by the Central Public Information Officer or non-disposal of his application by the Central Public Information Officer within the prescribed time, may file an appeal to the first Appellate Authority in the format as given in the Appendix.

8. Documents to accompany first appeal to the first Appellate Authority:
Every appeal made to the first Appellate Authority shall be accompanied by the
following documents, duly authenticated and verified:

(i) Copy of the application submitted to the Central Public Information Officer;

(ii)Copy of the reply, if any, of the Central Public Information Officer.

9. Appeal to the Commission: A person aggrieved by any order passed by the
First Appellate Authority or by non-disposal of his appeal by the First Appellate
Authority, may file an appeal to the Commission in the format as given in the

Appendix.
10. Documents to accompany Appeal to Commission: Every Appeal made to
the Commission shall be accompanied by the following documents, duly
authenticated and verified:

(i) Copy of the application submitted to the Central Public Information Officer;

(ii) Copy of the reply, if any, of the Central Public Information Officer;

(iii) Copy of the appeal made to the First Appellate Authority;

(iv) Copy of the Order, if any, of the First Appellate Authority;

(v) Copies of other documents relied upon by the Appellant and referred to in
the Appeal;

(vi) An index of the documents referred to in the Appeal.

11. Admission of appeals: (1) On receipt of an appeal, if the Commission is
satisfied that it is a fit case for consideration, it may admit such appeal; but where the Commission is not so satisfied, it may, after giving an opportunity to the appellant of being heard and after recording its reasons, reject the appeal.

(2) The Commission shall not admit an appeal unless it is satisfied that the
appellant had availed of all the remedies available to him under the Act.

(3) For the purposes of sub-rule (2), a person shall be deemed to have availed of
all the remedies available to him under the Act:

(a) if he had filed an appeal before the First Appellate Authority and the First
Appellate Authority or any other person competent to pass order on such appeal
had made a final order on the appeal; or

(b) where no final order has been made by the First Appellate Authority with
regard to the appeal preferred, and a period of 45 days from the date on which
such appeal was preferred has expired.
12. Procedure for deciding appeals: The Commission, while deciding an
appeal may,

(i) receive oral or written evidence on oath or on affidavit from concerned or
interested person;

(ii) peruse or inspect documents, public records or copies thereof;

(iii) inquire through authorized officer further details or facts;

(iv) hear Central Public Information Officer, Central Assistant Public Information Officer or the First Appellate Authority, or such person againstwhose action the appeal is made, as the case may be;

(v) hear third party; and

(vi) receive evidence on affidavits from Central Public Information Officer ,Central Assistant Public Information Officer, First Appellate Authority and such person against whom the appeal lies or the third party.

13. Amendment or withdrawal of an Appeal: The Commission may allow a
prayer for any amendment or withdrawal of an Appeal during the course of hearing, if such a prayer is made by the Appellant on an application made in writing.
Provided that such request shall not be entertained by the Commission after
the matter has been finally heard or a decision or order has been pronounced by the
Commission.


14. Personal presence of the appellant before the Commission:

(1) The appellant shall be informed of the date of hearing at least seven clear days
before that date.

(2) The appellant may, at his discretion, be present in person or through his duly
authorized representative or, if permitted by the commission, through video
conferencing, at the time of hearing of the appeal by the Commission.

(3) Where the Commission is satisfied that the circumstances exist due to which
the appellant is being prevented from attending the hearing of the Commission,
then, the Commission may afford the appellant another opportunity of being heard
before a final decision is taken or take any other appropriate action as it may deem
fit.

15. Presentation by the Public Authority: The public authority may authorize
any representative or any of its officers to present its case.
16. Abatement of an Appeal / Complaint: The proceedings pending before the
Commission shall abate on the death of the appellant.

17. Service of notice by Commission: Notice by name to be issued by the
Commission may be served in any of the following modes, namely:-

(i) service by the party itself;

(ii) by hand delivery (dasti) through Process Server;

(iii) by registered post with acknowledgement due;

(iv) by electronic mail in case electronic address is available.

18. Order of the Commission: An order of the Commission shall be in writing and issued under the seal of the Commission duly authenticated by the Registrar or any other officer authorized by the Commission for this purpose.

19. Compliance of the order of the Commission: The head of a public authority shall ensure that an order passed by the Commission, unless varied or stayed by a validly passed order, is complied with and compliance report filed with the Commission within the time limit specified by the Commission, or within 60 days if no such limit is specified.
20. Recovery of Penalty and Payment of Compensation: (1) If a penalty is
imposed by the Commission on a Central Public Information Officer as per the
provisions of the Act and if the Commission requires a Public Authority to
compensate a person for any loss or detriment suffered, an order duly authenticated
by the Registrar shall be served on the Public Authority for recovery of penalty and
payment of compensation.


(2) The Public Authority shall deduct the amount of penalty in such installments as may be allowed by the Commission in its Order and authenticated by the Registrar from the monetary payments due to such person against whom penalty has been imposed by the Commission and compensation shall be paid as per order of the Commission.
21. Recommendation for Disciplinary Action: If disciplinary action is
recommended by the Commission on a Central Public Information Officer as per
the provisions of the Act, an order duly authenticated by the Registrar shall be
served on the Public Authority to initiate such action and the action taken on such
order will be communicated to the Registrar within the time specified by the
Commission in its order.
F.No.1/35/2009-IR

(Rajeev Kapoor)
Joint Secretary

APPENDIX
FORMAT OF APPEAL
1. Name and address of the appellant

2. Name and address of the Central Public Information Officer to whom the application was addressed.

3. Name and address of the Central Public Information Officer who gave reply to the application.

4. Name and address of the First Appellate Authority who
decided the First Appeal.

5. Particulars of the application.

6. Particulars of the order(s) including number, if any, against
which the appeal is preferred.

7. Brief facts leading to the appeal.

8. Prayer or relief sought.

9. Grounds for the prayer or relief.

10. Any other information relevant to the appeal

11. Verification / authentication by the appellant

MINUTES OF THE NATIIONAL COUNCIL MEETING OF THE CONFEDERATION HELD AT MUMBAI ON 1ST DECEMBER 2010

CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS.

CIRCULAR. No.22


Conf/22 /2010 Dated: 6th December, 2010

Dear Comrade,

The National Council meeting of the Confederation was held at DGFASLI Central Labour Institute Chunabatti Road, Sion, Mumbai 400 022 on Ist December, 2010 as per the notice issued on 11th November, 2010. Detailed minutes of the meeting indicating the names of participants and the submissions made by the comrades who participated in the discussions will be issued separately later. We convey the decision taken on each item of agenda subjected to deliberation at the meeting.

The meeting was presided over by Com. S.K.Vyas, President, Confederation.

Com.K.K.N. Kutty, Secretary General informed the house before the agenda was taken up for discussion that the BSNL employees are on strike and the strike is slated to continue for three days against the attitude of the Government and its concerted efforts to make BSNLt a sick unit to pave way for the private telecom providers to push BSNL out of business so that they can amass profit at the cost of Indian people. He explained various steps taken by the Government in this regard and how the BSNL was not permitted to even purchase technology and material so that they would be able to compete effectively with other private players in the field. He also informed the house that the Government has again taken up the issue of disinvestment of 30% of BSNL shares. The house adopted a resolution expressing its solidarity with the striking workers of BSNL and the Secretary General was asked to convey the same to the leaders of the BSNL. Employees Union and place the same on Confederation website. ( Kindly see the resolution placed on the website)

The meeting approved the agenda for discussion and accepted the proposal of Com. President to club item No.1 and 7 together as also Item No. 2 and 6.

Item No. 1 and 5

The review discussion on the extent of participation of CGEs in the general strike of Working class on 7th September, 2010 was extensive and the comrades who took part in the discussion did give wide ranging details of the efforts, undertaken, the success and failure, strength and weakness. The consensus was that the participation despite the positive feature of the INTUC unions joining the strike could have been better. It noted that some of the State Committees and affiliates had not c concentrated on the campaign, to elicit the conscious and active participation of the grass root level members. The feeling of the employees especially in the Northern States that the issues specific to central government employees had not been addressed could not be effectively eradicated. Besides, the importance of the struggle against the present economic policies, its cataclysmic effect on the conditions of living of the working people, the impetus it provides to the organizational efficacy and capacity could not be effectively brought home in these States. Wherever such efforts had been undertaken the response has been, the meeting noted, very good. The meeting noted the efforts of the Chennai COC in reaching out to the members by organizing campaign meetings and distribution of pamphlets etc. in residential colonies. The vehicle Jathas and district conventions organized by the Kerala State Committee and its efforts in reaching out to the grass root level workers came in for appreciation. The West Bengal Comrades explained in detail of the steps taken by the State COC in calling the meeting of all Secretaries of the units of the affiliates, distribution of centrally prepared pamphlets, organizing gate meetings prior to the strike and deploying active workers on the day of strike in front of all offices etc. to make the strike participation total in the State.

The meeting noted that the large scale victimization in the offices of the Accountant General and in certain offices of the Postal Department had an adverse impact in mobilizing the employees especially in these organizations. In the light of the deliberations, the meeting decided:

i. to formulate a charter of demands on CGE specific issues

II. To continue the campaign to stress the necessity of the participation in the general trade union action against the neo liberal economic policies, which are the root causes in non settlement of the demands
III. To take steps to revamp the functioning of the State Committees and for that objective in view convene (a) meeting of all State Committees to ensure that the annual conference and election of the State Committees are held within the specified time (b)to chalk out ways and means to help the State Committees to bring about regular democratic functioning and interaction with the affiliated unions (c) to ensure that the communication between the CHQ and State Units is strengthened (d) the circulars are translated into vernacular and distributed. The said meeting will be convened on 24th Feb. 2010 at New Delhi in which the Chq. Sectt. Members will take part.

IV.To have larger participation of CGEs in the 23rd Feb. March to Parliament by

a. Requesting all State Committees to immediately organize state convention of all affiliated units and enlisting the comrades who are to be deployed for participating in the march to parliament on 23rd Feb. 2010.

b. The CHQ in consultation with the State Committees will determine the number of participants from each State
c. Larger mobilization will be ensured from the States of Delhi, Rajasthan, Haryana, Punjab, U.P. H.P. and Madhya Pradesh.

d. The CHQ will discuss with the States Committee of the above States of the finances required for arranging buses etc.

Agenda Item No. 2 and 6.

i. The meeting noted that the real wages of Central Government employees have eroded significantly in as much as the inflation had raised the prices of essential commodities especially of food items beyond 175% whereas the DA compensation had been only to the extent of 45%. The way in which the Govt. had been dilly dallying the anomaly issues of the 6th CPC has indicated unambiguously that it will have the same fate of the 5th CPC anomalies. By January, 1st, 2011. the DA component in the emoluments of CGEs will cross over 50%. The JCM functioning both at the National and Departmental level has deteriorated and meetings have become extremely irregular whereas at the Departmental level it has become almost defunct. Many affiliates of the Confederation have complained of the non- functioning of the JCM forum for one reason or the other. The meeting also noted that there had been no recommendation of the 6th CPC on the periodicity of wage revision and in the case of PSU the Government had to concede their demand for wage agreements in every five year. In view of these factors, the meeting adopted a resolution to demand wage revision on the expiry of the five year period i.e. with effect from 1.1.2011. The meeting decided to undertake intensive campaign on this issue throughout the country.
ii.This apart the meeting also discussed various pressing issues of the Central Govt. employees and decided to take the important issues in the charter of demand and organize trade union action in pursuance thereon. The charter of demands adopted after discussion and the phased programme of action decided upon is annexed to this circular letter. The CHQ Sectt. will circulate a brief explanatory Note on each demand to indicate the issues covered.

iii. The meeting also discussed over the confusion created by the DOPT order on the composition of the JCM whereby almost all the employees in most of the Departments would be out of the ambit of the JCM. The meeting after detailed discussions on the pros and cons of the issue adopted a resolution to demand:

That the Councils of the JCM at all levels should have the cadres and categories of employees who were participants in the Negotiating body at its inception through the Joint Intent irrespective of the change of classification and pay scales or pay bands brought about later. It was also decided that it should be brought to the notice of the Government that no unilateral decision in the matter by the DOPT can be taken as it would amount to violation of an agreement reached between the employees and the Government.

v. The meeting also adopted a resolution to the effect that the various entitlement like LTC facilities and air travel concession to NE regions, Daily allowance, entitled for the Governmental Accommodation etc. must be passed on Pay in the Pay Band plus the Grade Pay of an employee and not on any other criterion like Grade Pay or classification of Posts etc.

vi. The meeting noted with dissatisfaction that the recognition of hospital under the CGHS for inpatient treatment of late has become a nagging problem with the Health Ministry changing the procedure every now and then and put the beneficiaries to extreme hardship in many cities. The Government's approach in the matter has, the meeting noted, only helped the Private entrepreneurs in the Health industry to amass wealth and the recognition on the basis of the lowest tender had been at a perilous cost of the CGHS beneficiaries. The meeting decided to place before the Government the following suggestion for the recognition of hospitals in each city.

a. Identify the reputed hospitals in each city by a committee with the members of beneficiaries in each town/city covered by the CGHS Scheme

b. The Health Ministry must negotiate with these hospitals the rate at which they will provide the treatment to the Government officials taking into accounts various facilities extended to these institutions by the Govt.
c. If the reputed hospitals are run by charitable trusts enjoying the tax benefits, they should be asked to treat the CGEs on normal market rate as reduced by at least 30%.

vii.To raise before the Government the anomaly that has arisen especially in the Postal Department on the introduction of MACP in replacement of the time bound promotion scheme and seek amendment to the existing clarification whereby the three proimotion scheme would not be less beneficial than the existing scheme of time bound promotion in any department.

viii.To bring to the notice of the Government the injustice meted out to the cadres of LDC and UDCs by the 6th CPC whereby they become entitled to even lesser pay than the erstwhile Group D employees. While the Notice Servers in the Income tax Department and the Postmen in Postal Department are given higher Pay and Grade Pay the LDCs are assigned with lesser Grade Pay even though the minimum educational qualification for recruitment in their case has been stipulated to be 10+2 whereas those are assigned with higher grade Pay has to have only Matriculation for the initial recruitment. It was decided that the Government must be asked to upgrade all existing Lower Division and Upper Division or equivalent cadres in all Government Department either as Executive Assistants with Grade Pay of Rs. 4200 as recommended by the 6th CPC or assign them with the Grade pay of at least Rs. 2800/- if such whole scale up-gradation in any department is considered infeasible.
ix. To demand the setting up of anomaly committees in all Departments/Ministries and immediate convening of the Departmental Councils as per the directive of the Department of Personnel and Training. If for any reason the Anomaly committees are unable to be set up in any department/Ministry, the concerned Ministry/Department should be asked to set up the Anomaly committees with the nominated members of the Standing Committee of the National Council as has been done in the case of many Ministries to resolve the anomalies arising from the 5th CPC recommendations.

Agenda Item No.3. National Anomaly Committee issues.

Com. S.K. Vyas, President explained in detail the deliberation at the National Anomaly Committee meeting and the sub committee meeting in which the MACP items were separately discussed. The clarification sought by various members on these issues were provided. It was decided that in the case of MACP some more issues must be raised by the Confederation before the next anomaly committee meeting as was pointed out by Com. K.V. Sridharan, General Secretary, All India Postal Employees Union, Class III and many other. The meeting asked the Secretary General to finalize the issue in discussion with the comrades of NFPE.

Agenda Item No.4. Issues raised before the National Council JCM.

The Secretary General was asked to place on the website the issues already taken up by the Staff Side with the Government in brief and seek further items from all affiliates and COCs . This was agreed to.

Agenda Item No.7 Organisational review:

The meeting decided that:

(i) the CHQ Sectt. should meet on 24th Feb. 2010 along with the Secretaries of all State Committees with a view that concrete steps are taken to ensure that the State Committees are constituted with the representatives of the Districts; the new office bearers are elected if the two year term has been expired and to ensure that the communication between the State Committees and the CHQ on the one hand and the State Committees and the District Committees on the other is properly established and the State Committees are helped to function as vehicles for implementation of the programmes chalked out by the Confederation in future.

(ii) The National Women Convention will be held at Kolkata on 7th and 8th February, 2010 and the Affiliates and State Committees will be entitled to depute the following number of delegates to participate in the said convention.

a. All India Audit and Accounts Association. 15

b. Income tax Employees Federation 20

c. National Federation of Postal Employees 30

(f) Federation of Atomic Energy Employees 10

(g) All India Civial Accounts Employees Assn. 10

(h) Confederation of Pondichery State Employees 05

(i) ISRO Employees Association 03

(j) Ground Water Board 02

(k) All other affiliates 02 each

l) All State Committees will nominate two delegates (selected from their specific affiliates – i.e. Other than the All India organizations which are affiliated with the Confederation at the National Level)

The affiliated will report to the CHQ the names of the delegates who will be attending the convention by 10th January, 2011 latest. The affiliated will take care that they do no nominate any lady comrade from the State of West Bengal as the State Committee of West Bengal who has taken the responsibility of making arrangements for the convention would be nominating large number of lady comrades from that state to participate.

(iii)The meeting also discussed the remittances of the subscription due to the CHQ by the affiliates and the State Committee. The representatives of the affiliates and the State Committee who participated in the discussions on the subject agreed to clear the dues by 31st March, 2011 latest. The Secretary General was asked to intimate the dues to each affiliate separately by letters.
iv) The house on the basis of the discussion earlier held decided that the Confederation should ensure participation of sizeable number of Central Government employees in the ensuing programme of "March to Parliament" on 23rd February, 2010 for which the call has been given by the Central Trade Unions. The CHQ sectt. was urged that a campaign programme is chalked out by which a member of the Sectt. attends the State Conventions/meetings convened for this purpose and the Delhi State Committee and the neighbouing State Committee are specially mobilized for this purpose.

Agenda Item No. 8.

Com. President permitted only a few comrades to raise certain important issues under the agenda for paucity of time. The Secretary General, All India Canteen Employees Association raised the issue of the order of the Government in not filling up the vacancies in the Canteen as a permanent measure. Many comrades raised the issue of non representation of many affiliates in the meetings as also of the State Committees. It was suggested that after the proposed meeting of the State Committees on 24th Feb. 2010, the Sectt. must convene a meeting of the Chief Executives of all affiliates separately to revamp the organizational functioning of the Confederation.
Com. President in his concluding remarks appreciated the lively discussion in the meeting and thanked the Mumbai State Committee for the excellent arrangements made by them for the conduct of the meeting, on behalf of the CHQ Sectt as also on behalf of the affiliates and State Committees. The meeting was concluded at 9.00 PM.

With greetings,
Yours fraternally,
K.K.N. Kutty
Secretary General.
CHARTER OF DEMANDS:

1. Stop price rise; strengthen the PDS.

2. Stop downsizing, outsourcing, contractorisation, coporatorisation and privatization of
Governmental functions

3. Fill up all vacant posts and create posts on functional requirements

4. Revise wages of CGEs with effect from 1.1.2011 and every five years thereafter.

5. Scrap the New Pension Scheme and extend the statutory defined benefited pension to all
Central Govt. employees irrespective of the date of recruitment.
6. Regularize the GDS, daily rated workers, contingent and casual workers by brining about
a definite scheme of regularization.

7. Remove restriction imposed on compassionate appointment ( end the discrimination on
compassionate appointment between the Railway workers and other CGEs)

8. Stop the move to introduce the productivity linked wage system; Performance related
pay; introduce PLB to in all Departments; remove the ceiling of emoluments for bonus
computation.

9. Settle all items of anomalies (including the MACP related anomalies) raised in the National
and Departmental Anomaly committees within a fixed time frame of two months; set up
the anomaly committees in those Departments where it has not been set up till date with
the Standing Committee members of the National Council; convene the meeting of the
Departmental Council in all Ministries/Department once in three month as envisaged in
the JCM Scheme

10. Make the right to strike a legal right and stop curtailment of T.U. rights

11. Implement all arbitration awards

12. Raise the interest rate for GPF. Revise the OTA and Night duty allowance and stitching
and clothing rates of uniforms

13. Merge DA with Pay for all purposes including pension as and when the DA rates croses the
50% mark.

14. Vacate all Trade Union victimizations.


PROGRAMME OF ACTION:

1. Submission of memorandum on the charter of demands with brief note to explain each item in the charter.

2. Two months long campaign to educate and mobilize the members by organizing (a) State level conventions (b) district level conventions (c) Department level conventions (d) gate meetings in front of all offices

3. Day long Dharna at a specified Central Location at the State and District Capitals and other important places

4. To organize a March to the office of the Chairman of the State Welfare Co-ordination Committees and submit a memorandum for onward transmission to the Cabinet Secretary.

5.To organize a March to Parliament by Central Government employees at Delhi

6.To culminate in a one day strike

(The CHQ in the next communication will indicate the date for each of the programme of action taking into account all factors)

Friday, December 3, 2010

RESOLUTION ADOPTED BY THE NATIONAL COUNCIL OF THE CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS IN ITS MEETING HELD AT MUMBAI ON 1ST DEC. 2010

The national Council Meeting of the Confederation of Central Government Employees & Workers held at Mumbai on 1st December 2010 congratulates the BSNL Employees who are on strike for 3 days from 1st December to 3rd December 2010 to object the attitude of the Government of India towards the BSNL & its concerted efforts to make it a sick unit to pave way for the private telcom providers to amass the spoils and maximize their profit.

The Government has not allowed to either make investment for expansion of the services of the BSNL or allowed it to purchase technology or materials to compete with other service providers in the market, with the result the profit of the public sector undertaking has been dwindling over the years. The Government's present move to disinvest 30% of its shares and reduce the work force through a V.R. scheme is with an ulterior motive of winding up the BSNL ultimately. The employees are therefore on struggle to save this Public Sector Enterprise and the strike is organised with a patriotic fervour to ensure the assets created with the public money is not transferred to private hands. The saddest part of the whole episode is that the Telcom Ministry has been handled for many years by corrupt politicians and bereaucrats, which has resulted in the biggest scam in post independent era emanating from the telcom sector.

The National Council has called up on the Central Government Employees through out the country to extend their wholehearted co-operation and solidarity to the strike BSNL Employees and appeal them to popularise the issues raised by the striking workers amongst the rank and file of the membership of the Central Government Employees Organisations and demand the Government to desist from the move to disinvest BSNL shares and allow the BSNL Management to immediately undertake steps to purchase the requisite material and technology to enable BSNL to widen its business.

S.K. Vyas
President

Friday, November 12, 2010

REPRODUCTION OF THE LETTER SENT TO THE PRIME MINISTER FOR MERGER & UPGRADATION OF THE LDC-UDC


Dear friends,
Web site
www.govtenews.com has published one of our Association circulars in their web site in which merger of the posts of LDC & UDC and granting of Rs. 2800/ was discussed. Accordingly several persons have posted their comments at the web site & e-mail. And also we have been receiving telephone calls from Ministerial Staff of various Departments of the Government of India on the subject. But the letter posted in the aforesaid web site is only a routine circular discussing internal matter of the Association. And most probably the persons who posted their comments/called have not seen the original letter, sent to the Prime Minister and the subsequent reminder sent to the Secretary, DoPT. Thus Association reproduces both of the above letters for reference.

LETTER TO THE HON'BLE PRIME MINISTER
2/GS/2010 dated 16/04/10

To
The Hon’ble Prime Minister,
Government of India,
New Delhi

Sub: Upgradation of grade pay of LDC & UDC in the Administrative branch of Government of India Offices.

Respected Sir,
With due respect it is to bring to your kind notice that the Sixth Pay Commission has not recommended vertical relativity in the pay scale/grade pay of the LDC & UDC of the Administrative offices compared to their lower cadres. The Government while implementing the report has ignored this aspect which ultimately caused to put these dynamic young cadres in great distress. When the matter was taken up with the higher office of our Ministry we have been told that LDC and UDC are common cadres in the Government of India Offices and therefore any change in the pay scale at this level in a particular department alone is not possible.

Lower Division Clerks in the Central Government Office are appointed through Staff Selection Commission by conducting highly competitive examination. The minimum required academic qualification for the post is now is 12th Standard. Majority of the persons selected for the post are graduates and even post graduates and qualified to handle any kind of assignment including computer.
As per DoPT Manual the work allotment for the post of LDC in the Government of India Offices are maintenance of inward-outward registers, copying, preparation of arrear statement, typing of letters, filing etc and accordingly the pay scale for the post has been decided by the successive pay commissions. Since practically the work allotted/done by them-qualitatively and quantitatively- are many fold higher than the prescribed allotment, the pay scale granted to them on the lines of DoPT manual was not sufficient and as such several of the major Department viz. Income Tax, Central Excise, etc. has upgraded these posts to the pre-revised scale of 4000-6000/4500-7000 in the nomenclatures to suit the concerned Department through restructuring etc.
Moreover, the job profile of the post of LDC has undergone significant changes after introduction of modernization in Government offices. Now, computers have taken the place of typewriters. As a result LDC & UDC have been trained to work in various computer applications viz. Word Processor, M.S. Excel etc without granting the minimum pay scale prescribed for doing work in computers. Moreover, they are also engaged in day-to-day work using the various software viz. pay bill software, income tax software, uploading of details of officials covered under New Pension Scheme etc.The offices of the Ministry of Statistics, especially its field offices are functioning smoothly virtually due to the fact that LDCs & UDCs are shouldering heavy responsibilities. Here LDCs have been allotted major section. Similar is the position of other subordinate offices especially the smaller offices and even then the Pay Commission has not considered adequate pay for the work done by them. This has affected desperately to the enthusiasm of this young and talented cadre in the Government offices.

These facts were well aware to the Government while implementing 6th Pay Commission report/MACP and yet any action to improve the grade pay of the LDC & UDC has not taken. Mean while the pay scale/grade pay of the erstwhile group D has been increased many fold by granting 3 ACP by ignoring the promotions/ACP granted to them in the pre-revised pay scale which awarded them double benefit. As a result they got a very upper hand over the pay structure of the LDC/UDC. Similarly, the posts holding the pre-revised pay scale 5000 have been granted 3 fresh ACP under MACP by ignoring promotions and ACP given in the past. While welcoming this decision, we are compelled to put up the demand to increase the grade pay of the LDC/UDC on the following reasons:

1. Lower Division Clerks in the Central Government Office have been appointed through Staff Selection Commission by conducting highly competitive examination.

2. Major Departments have upgraded the post by granting 4000-6000/4500-7000 pre-revised pay scale through cadre restructuring.

3. The pay band of Group D, LDC & UDC are same. The status of one particular post in the Sixth Pay Commission is considered by grade pay. The grade pay of LDC is Rs. 1900/ whereas a group D getting MACP will be placed in a grade pay of Rs. 2400/. This is highly demoralizing.

4. In the subordinate offices viz NSSO, LDCs have been allotted major sections/work viz. Establishment, Accounts, Budget, Income Tax, Store etc., worth to do by Assistant and Office Superintendents(grade pay 4200) with the responsibility of noting & drafting of the respective seats. (Please see work allotment to the LDCs by some Regional Offices of NSSO in Annexure I to IV). Moreover, several of the Ministerial Cadres in the offices of Government of India especially in the smaller offices are lying vacant, the duties and responsibilities of the such posts has to be forcibly shares by the staff on roll in public interest which ultimately falls on the shoulders of LDCs/UDCs.

5. The LDC/ UDC in the Central Government offices especially in the smaller office are highly trained to handle computers, the offices who got trained them to handle the computers have not bothered to recommend the upgradation of their scale/grade pay at-least to the minimum of the EDP staff. The working of the EDP staff and LDC are different. The EDP has only to enter the data given to them into a specific programme where as the LDC has to create data/letters in connection with sections allotted to them and type(including typing it by creating minor programmes in the MS Excel etc) it in various software applications.

6. A comparative study of the duties and pay scale granted to group D and LDC during 5th & 6th Pay Commissions are given below:
(i) COMPARATIVE STUDY ON THE SCALES DURING 5TH PAY COMMISSION
Group D
Educational Qualification : 8th Standard
Mode of Selection : By local offices from the list of candidates supplied by the EE
Duties prescribed : To carry messages, papers, registers, files, circulars,
letters etc. fromone place to another inside office or outside. To affix stamp
onletters/parcel. Assist Dispatch clerk. To attend officers etc in
connectionwith their official duties
Pay Scales group D post entry level and their promotion posts:
S-1 2550-3200
S-2 2610-3540
S-3 2650-4000
S-4 2750-4400
ACP
1st. 2610-3540
2nd 2750-4400

LDC
Educational Qualification : Matriculation or equivalent with typing speed 40 wpm/ Knowledgeof operating computersMode of
Selection : By highly qualified examinations conducted by the Staff SelectionCommission.
Duties prescribed : Doing the work of various sections of Administrative branches of theOffice, operation of computer, noting/drafting on the matters of thesection dealt. Doing Accounts work, Income Tax, Budget work etc. Andall the work assigned by the officer from time to time.
Pay scale of LDC & Promotion posts
S-5 LDC 3050-4590
S-7 UDC 4000-6000
S-9 Assistant 5000-8000
S-10 Office Superintendent 5500-9000
S-11 AAO 6500-10500
ACP
1st 4000-6000
2nd 5000-8000

(ii) COMPARATIVE STUDY ON THE SCALES/GRADE PAY DURING 6TH PAY COMMISSION
Group D
Educational Qualification : 8th Standard plus group C trainingMode of Selection : By local offices from the list of candidates supplied by the EE(Nofresh appointment)
Duties prescribed : Duties not prescribed as yet. Thus continuing the duties done bythem so far.
Pay Scales/Grade Pay:Rs. 5200-20200 Grade Pay 1800
ACP
1st. 5200-20200 Grade Pay 1900
2nd 5200-20200 Grade Pay 2000
3rd 5200-20200 Grade Pay 2400

LDC
Educational Qualification : 12th Standard with typing speed 40 wpm/ Knowledge of operatingcomputers
Mode of Selection: By highly qualified examinations conducted by the Staff SelectionCommission.
Duties prescribed : Doing the work of various sections of Administrative branches of theOffice, operation of computer, noting/drafting on the matters of thesection dealt. Doing Accounts work, Income Tax, Budget work etc.And all the work assigned by the officer from time to time.
Pay scale of LDC & Promotions posts
Rs. 5200-20200 Grade Pay 1900
Rs. 5200-20200 Grade pay 2400
Rs. 9300-34800 Grade pay 4200
Rs. 9300-34800 Grade Pay 4600
ACP
1st 5200-20200 Grade Pay 2000
2nd 5200-20200 Grade Pay 2400
3rd 5200-20200 Grade Pay 2800
This is evident that the position of LDC& UDC in the Government of India Offices has gone down in the Sixth Pay Commission. A group D(now group C with out work assignment) official with comparatively less qualification and work norms is getting more benefit than an LDC, in comparison to the 5th Pay Commission pay scales, who is basically responsible for the smooth running of the offices.
During the 5th Pay Commission, pay scale S-1 to S-4 were granted to the group D posts and pay scale S-5 was granted to LDC i.e. one step above than the Group D posts. In the 6th Pay Commission the pay band of group D, LDC & UDC are same and Grade pay of LDC is 1900/ and that of group D through MACP is 2400/. Thus the pre-revised pay scale of LDC & UDC may be merged for granting Rs. 2800/ grade pay, which is the immediate higher grade pay of Rs. 2400/ granted as 3rd ACP to erstwhile group D staff.In order to remove this anomalous situation it is our fervent appeal that kindly issue necessary instructions to revive the grade pay of the LDC & UDC of the Government of India Offices.

Yours faithfully
(TKR Pillai)
General Secretary
Note: The educational qualification & mode of selection of MTS has now been changed by the DoPT. But the duties will remain the same(GS-12-11-10).

LETTER SENT TO THE SECRETARY DoP&T
2/Assn/GS/2010 dated 28/10/2010To
To
The Secretary,
Department of Personal & Training,
North Block,
New Delhi

Sub: Merger of the posts of LDC & UDC and granting of Rs. 2800/ grade pay-regarding.

Sir,
It is to submit that this Association had sent a letter vide letter No.1/GS/2010 dated 16/04/10 to the Hon’ble Prime Minister, Government of India on the above subject. The Prime Minister’s Office had forwarded the same to your office vide letter No PMO ID No. 4/3/2010-PMP4/158890 dated 18/05/2010 for further action, a copy of the same was endorsed to us also (copy enclosed). But this Association had not received any information from your office on the action taken at your level, so far.

In this respect it is again submitted that the difference of the Grade pay of LDC & MTS is only Rs. 100. It is astonishing to see that the Pay Band for the posts of MTS, LDC and UDC is the same and as such the existing employees do not get any benefit compared with the new recruitees. But the educational & technical qualifications on which these LDCs have been selected by the Staff Selection Commission are far different from the required qualifications for erstwhile Group D or the present MTS. DoPT had circulated the duties of MTS which is only a reproduction of the duties of the erstwhile group D staff. How can they be compared with the quality work and responsibilities assigned to the LDC/UDC in the Administrative Offices especially field offices of the Government of India. Moreover LDCs and UDCs in Government of India Offices, especially its Field Offices are doing the same work.

Thus the merger of the posts of UDC & LDC and granting of Rs. 2800 is highly essential to boost up the morale of the already distressed LDC & UDC. An early action on the matter is requested please.Encl: As above
Yours faithfully
(T.K.R. Pillai)
General Secretary



Tuesday, November 9, 2010

Personal audiance with Secretary, MoS&PI-Reg-

No. 2/Assn/GS/2010 Bhopal, dated 08/11/10

To

Dr. T.C.A. Anant,
Secretary,
Ministry of Statistics & Programme Implementation,
New Delhi-110001

Sub: Request for a personal audience with a delegation of this Association.

Sir,

With due respect I would like to request you to allow us for a personal audience to appraise the following grievances:

1. Merger/upgradation of the AO & OS and grant of Rs. 4800/ grade pay.
2. Merger of the posts of LDC & UDC & Upgradation of Rs. 2800/ grade pay.
3. Grant of parity between the Assistants of CSS & Field Offices.
4. Cadre restricting of Hindi Translators and posting of Hindi Translators in all Offices.
5. Creation of additional Ministerial Staff/Personal Assistants in all offices where DDGs are
posted.
6. Filling up of all vacant posts in NSSO Offices. Filling up of the vacant posts of Assistants in
FOD on combined seniority of LDC & UDC.

We seek your kind consent at the earliest.

Yours faithfully

(TKR Pillai)
General Secretary
Mob. No. 09425372172

Monday, November 1, 2010

LETTER TO DG, NSSO

No. 2/Assn/GS/2010 Bhopal, dated 29/10/2010

To
The Director General,
National Sample Survey Office,
Sardar Patel Bhawan,
Sansad Marg,
New Delhi-110001

Sub: Renaming of the Office Superintendent as Administrative Officer/Section Officer in NSSO Offices and granting of Rs. 4800/ grade pay accordingly.

Sir,
It is bring to your kind notice that this Association had sent a letter to the Secretary, Ministry of Statistics & Programme Implementation vide letter of even number dated 14/06/2010 on the above subject. Seeking comments at an early date, Ministry of Statistics & Programme Implementation had forwarded the same to DPD, SDRD & FOD of the NSSO, vide letter No. B-12011/1/2010-Ad.III dated 08.07.2010. The Data Processing Division and SDRD have sent the proposal in favour of renaming of the Office Superintendent and upgradation of grade pay to Rs. 4800/ vide letter No. A-13012/4/2009-CSW dated 23.07.2010. But it appears that FOD has not sent their comment on the matter to the Department as yet.

It is our humble submission that necessary action may be taken immediately to solve this problem. Your personal intervention on the matter is requested please.
Encl: As above
Yours faithfully

(T.K.R.Pillai)
General Secretary

MERGER OF THE POSTS OF LDC & UDC-LETTER TO DoPT SECRETARY

2/Assn/GS/2010 dated 28/10/2010

To
The Secretary,
Department of Personal & Training,
North Block,
New Delhi

Sub: Merger of the posts of LDC & UDC and granting of Rs. 2800/ grade pay-regarding.

Sir,
It is to submit that this Association had sent a letter vide letter No.1/GS/2010 dated 16/04/10 to the Hon’ble Prime Minister, Government of India on the above subject. The Prime Minister’s Office had forwarded the same to your office vide letter No PMO ID No. 4/3/2010-PMP4/158890 dated 18/05/2010 for further action, a copy of the same was endorsed to us also (copy enclosed). But this Association had not received any information from your office on the action taken at your level, so far.

In this respect it is again submitted that the difference of the Grade pay of LDC & MTS is only Rs. 100. It is astonishing to see that the Pay Band for the posts of MTS, LDC and UDC is the same and as such the existing employees do not get any benefit compared with the new recruitees. But the educational & technical qualifications on which these LDCs have been selected by the Staff Selection Commission are far different from the required qualifications for erstwhile Group D or the present MTS. DoPT had circulated the duties of MTS which is only a reproduction of the duties of the erstwhile group D staff. How can they be compared with the quality work and responsibilities assigned to the LDC/UDC in the Administrative Offices especially field offices of the Government of India. Moreover LDCs and UDCs in Government of India Offices, especially its Field Offices are doing the same work.

Thus the merger of the posts of UDC & LDC and granting of Rs. 2800 is highly essential to boost up the morale of the already distressed LDC & UDC. An early action on the matter is requested please.

Encl: As above
Yours faithfully

(T.K.R. Pillai) General Secretary

Sunday, October 31, 2010

LETTER TO THE DEPARTMENT FOR CONTINUATION OF THE MEMBERSHIP OF THE ASSISTANT

No. 2/Assn/GS/2010 Bhopal, dated 29/10/10

To

The Director (Admn-III),
Min. of Statistics and Programme Implementation
Sardar Patel Bhawan,
Sansad Marg,
New Delhi-110001

Sir,

Sub: De-recognition of the Service Association – regarding-

We solicit your kind reference to the Ministry of Statistics & PI OM No.12011/4/2009 Adm.III dated 29-10-2009 whereby this association has been asked to seek fresh recognition as the Department has changed the categorization of Associations in consonance with the guidelines issued by DOPT vide order No.11012/7/2008-Estt(A) dated 09-04-2009. Further, FOD, NSSO vide O.M.No.B-12020/2/2010-JCM dated 03-09-2010 has informed that the undersigned, who had been democratically elected as General Secretary of this Association is not entitled to continue to function in that capacity as he has been promoted as Assistant with Grade Pay of Rs.4200 which has become a post to be classified as Group B Non-gazetted. In this connection, we may submit the following for your consideration.

1. Even though the post of Assistant in PB2 with Grade Pay of Rs.4200 is to be classified as Group .B – as per DOPT O.M.N0.11012/7/2008-Estt(A) dated 9.4.2009, the post continues to be a group C post, as the Recruitment Rules is yet to be amended and notified. Since the Recruitment Rules are framed and notified under Article 309 of the Constitution, the same cannot be altered by any executive instructions issued by the Ministry. In that view of things, the undersigned though promoted as Assistant, is still a group C employee and is entitled to be a member of the All India Association of Ministerial Staff (Group C) and accordingly can act as its General Secretary legally.

2. The O.M. in B-12011/4/2009-Adm.III dated 29-10-2009 of the Ministry of Statistics and Programme Implementation has categorized Ministerial Staff Group B and Ministerial Staff Group C separately and have advised the employees to form separate Associations. Since the recruitment rules are not amended, no union for Ministerial Staff Group B can be presently formed. This apart, it is stipulated in the O.M. dated 09.04.2009 that any department, who would like to deviate from the guidelines can do with the specific approval of the DOPT. Therefore, the OM of the DOPT in this regard is not to be applied mechanically but has to be abided with specific requirements of each department. In this connection, we may bring to your notice that in the Railways even posts carrying grade pay of Rs.5400/- are categorized as Group C. Besides categorization for the purposes of recognition of Service Associations has no nexus with classification of posts but all the cadres are grouped having common interest. Once the categorization has been made, it need not or must not undergo any change unless the duties and functions of the cadres are changed having reference to the change in the functions. There had been no change in the duty list of Assistants up till date nor have their functions undergone any change. Therefore, the OM revising the categorization was not only warranted by also untenable. This part, the department did not undertake any consultation with the recognized Association before they chose to effect changes in the character and composition thereof either bilaterally or in the form of JCM, not were they given an opportunity to present their views in the matter at any point of time even informally before the OM was issued.

For the detailed reasoning adduced in the foregoing paragraphs, we request you to kindly withdraw the OM No.B12011/4/2009-Admn.III dated 29-10-2009 and allow the employees who are in PB2 with Grade Pay of Rs.4200 to continue to the Members of All India Association of Ministerial Staff(Group C).

Thanking you,

Yours faithfully,

(T.K.R.Pillai)
General Secretary

Copy to: Shri K.K.N. Kutty, Secretary General, Confederation of Central Government Employees & Workers, New Delhi.

(T.K.R.Pillai)
General Secretary

Saturday, October 30, 2010

Placed hereunder is the Circular No. 20 of 30th October, 2010

CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS.
A-2/95,Manishinath Bhawan,Rajouri Garden, New Delhi-110 027
Website:
www.confederationhq.blogspot.com. Email:Confederation06@Yahoo.co.in
Tel: 011-2510 5324: Mobile: 98110 48303


Circular No 20/2010 Dated: 30th Oct. 2010

Dear Comrade,

The National Secretariat of the Confederation met today as per the notice issued. The following agenda items were discussed. The decisions taken on each item are as under

Item No.1. Review of participation of CGE in 7th September, Strike.

Detailed reports on the participation of employees in the strike action were presented to the house by the representatives of various affiliates and State Committees of the Confederation. Reports received at the CHQ were also gone through. It was apparent from the reports that the participation in the strike action could have been much better had certain steps been taken at the appropriate time by the affiliates and the State Committees. It was also noted that wherever the State Committees of the Confederation were in existence and had taken initiative to mobilise the employees, the strike had been very successful. It was also evident from the discussion that wherever the affiliates had taken serious steps, the strike participation had been very good. The best performance was reported by the Income tax Employees Federation, All India RMS and MMS employees Union and the All India Groundwater Board Employees Association. It was therefore decided that the State Committees must convene a meeting in which the leaders of all affiliates unions of that State (up to the Branch/Unit level) and the strike participation discussed in the presence of the National leadership. The Secretariat.(CHQ) will indicate the schedule for such meetings.

Item No.2 Finalisation of the dharna programme at different State Capitals to protest against the victimisations of employees of the IA & AD. Wherever it was not implemented, at the instance of the Secretary General All India Audit and Accounts Association, it was decided to defer the implementation of this programme for some time.

Item No.3. Finalisation of charter of demands (common to CGEs) and progamme of actions thereon.

Various issues were discussed which have arisen from the very retrograde recommendations and objectionable implementation of them by the Government. Though the issues have been taken up in the National Anomaly committee and at the National Council, the meeting felt that no positive outcome should be expected thereof. The house also felt that the large number of anomalies created by the 6th CPC can only be rectified by a total wage revision. Taking this view into account, it was proposed that we should demand a fresh revision of wage structure with effect from 1.1.2011 for the 6th CPC tenure would complete the 5 year period on that date. Since the Government has conceded to effect wage revision in the case of PSU employees after every five years, the meeting felt that this demand is appropriate. The meeting also noted that by 1.1.2011, the D.A component in the wages would exceed 50%. The meeting therefore decided that a comprehensive charter should be adopted at the next meeting of the National Council of the Confederation.

Item No. 4 and 5 were deferred for discussion at the National Council. (Subscription from affiliates and ad-hoc bonus)

6. Affiliation application: In the case of Bureau of Mines Safety, Dhanbad, the meeting asked the Secretariat to depute a representative to go to Dharnbad and hold discussions with all concerned and submit a report to the Secretariat for taking further decision in the matter In respect of Survey of India, Com. President informed the house that he along with the Secretary General had been to Dehradun sometime back and it was decided that all organisations in the Survey of India including the newly formed Topographical employees association will form a Co-ordination Committee and the same will seek affiliation with the confederation. The meeting decided to request all organisations in the Survey of India to constitute the Co-ordination Committee. The meeting decided to grant affiliation to the Association of Lakshadweep employees. The meeting also decided to depute one of the Secretariat members to go over to A&N Islands with a view to revive the functioning of the State Committee of the Confederation.

Item No. 7. Venue and date of next Council meeting. It was decided to hold the National Council at Mumbai on 1st December, 2010 for which a separate notice is being issued.

Item No.8. Any other matter with the permission of the Chair. At the request of Com. P.V. Ramachandran, the house decided that the Confederation should demand that those cadres which were included in the JCM scheme at the inception (Since they were Group C employees then) should continue to be the categories eligible to participate in the JCM irrespective of the new classification ordered by the Department of Personnel from time to time.
The house also decided to take up the matter of inclusion of all Audit employees including Railway Audit employees to be covered by the CGHS scheme as before.

With greetings,
Yours fraternally,

K.K.N. Kutty
Secretary General.

Monday, October 11, 2010

Giving membership to the 'Group C' Staff & submission of individual Consents-Regarding.


Bhopal,
Dated: 11/10/10
Dear members,

As has already informed that letters (regarding the recognition status of the Association and membership to the Assistants), sent to the Regions by the FOD are not based on the facts. Our Association is still recognized one. Further, our request for the inclusion of the Assistant as members of the Association is under consideration of the Ministry. You are aware that all Ministries except Ministry of Statistics of the Government had accepted all Non-Gazetted Staff in their Department as members of the Association working under JCM Scheme. Income Tax Inspectors with 4600/ grade pay are members of the Association recognized under JCM Scheme. Thus denial of membership for the Assistants with 4200 grade pay is not justified.

Meanwhile, the Association of the erstwhile group D in the name of All India Association Group C Staff (not recognized so far) has been trying to fetch Ministerial Staff to their fold. Despite of all efforts they have no succeeded in their mission so far. This is due to the reason that the Ministerial Staff know our Association through relentless struggles achieved several things for the betterment of the service conditions, promotion etc of the Ministerial Staff so far. In the year 1993 when our Association is formed Ministerial Staff were retiring on the post of UDC. Now the situation is improved. Retirement of every Ministerial Staff on 5400/ grade pay is our aim and we work accordingly.

At present we are at work with three important issues. (1) Merger of the Posts of Office Superintendent & AO and granting of Rs. 4800 grade pay. (2) Upgradation of the grade pay of Assistant to Rs. 4600/. (3) Merger and upgradation of the posts of LDC and UDC and granting of Rs. 2800/ grade pay. You have already seen the efforts made by us to achieve the aforesaid demands so far from our letters etc. All the correspondence made in this respect can be seen in our web site.

Since the erstwhile group D has been brought under group C folder by the CPC, there is a chance to accept our demand for a single Association for all Non Gazetted cadres by the Ministry. Thus we want to bring all erstwhile group D staff (now group C) to our fold to strengthwen the Association & keeping it in the first position. Further, from our past experience, I am sure that we can handle the issues of the group C (erstwhile group D) effectively so that they may get a better service condition and promotion channel in the days to come.

Thus all unit Secretaries/members of the Association are requested to please obtain the individual consents of the Group C staff in annexure B and forward the same, duly certified by the Unit Secretary, to the HO immediately. A copy of the Individual Consents alongwith Annexure A may please be forwarded to this Association Hqrs. Since I am on long leave following an accident, the letters may please be sent in my Residential Address i.e. 74/11, Govind Apartment, Govind Garden, Govindpura, Bhopal-462023.

This may be treated as most urgent.

With warm regards
Yours Sincerely

(TKR Pillai)
General Secretary

Friday, October 1, 2010

MACP ANOMALY COMMITTEE MEETING-A TOTAL DISAPPOINTING EXERCISE.

Dear Comrades!
It can be seen from the following gist of discussions took place in the meeting of MACP as published by the Confederation, that many anomalies of MACP are not accepted by the Official Side for settlement.

The anomalies like: Implementation of MACP w.e.f. 1.1.2006; granting hierarchical promotional scale of pay at least for the first and second up gradation as existed under ACP Scheme; and allowing option to individual employee to retain old ACP Scheme or switch over to new MACP Scheme have not been accepted to. The department only will be allowed the option to retain old ACP for the whole department or to an entire cadre. However, a stand has been taken for instructing the Administrative department to undertake cadre restructuring of the cadres in consultation with the Staff Side which would secure quicker promotion.

DISCUSSIONS ON VARIOUS ISSUES TAKEN UP BY THE STAFF SIDE IN THE 2ND MEETING OF MACP COMMITTEE

The 2nd meeting of the MACP Committee was held on 15th September, 2010. The meeting was chaired by the Joint Secretary (Estt.) Department of Personnel and Training. We give hereunder a brief resume of the discussions on various issues taken up by the Staff Side.

1. Item No. 1, 9 and 29,46: The demand was to provide for Grade Pay of the next promotional post under MACP as was given in the old ACP Scheme. This has not been agreed to.
2. Item No.3. Option for each individual employee either to retain the old ACP scheme or to switch over to MACP. It was only agreed by the DOPT that they may consider giving option to the Department and not to the individual employee to retrain old ACP Scheme in respect of either the entire establishment of that Department or for a specific category or cadre of the employees of that Department. They also added that they may instruct the Administrative department to undertake restructuring of the cadres in consultation with the Staff Side which would secure quicker promotion.

3. Item No. 8. Anomaly in respect of Junior Engineers of CPWD. The Official side agreed that CPWD may ask for option to retain the old ACP in respect of Junior Engineers which will be considered.
4. Item No. 2, 10 and 48. The Scheme of MACP to be implemented with effect from 1.1.2006. Not agreed to.
5. Item No. 7.Grant of financial up-gradation under ACP between 1.1.2006 to 31.8.2008 in respect of employees who have opted the revised Pay Band Grade Pay System with effect from 1.1.2006. Agreed to.
6. Item No. 4 and 26. Applicability of MACP scheme to Group D employees placed in the grade pay of Rs. 1800 in PB1. along with the benefit of 3% increment in each stage of up-gradation. Covered by the clarification already issued by the Department of personnel ( See their website)
7. Item No. 5 and 23. Counting of 50% of service rendered by a casual labourer with temporary status for reckoning the 10, 20 and 30 years of service for the purpose of MACP. They will examine the court ruling in this regard according which the entire casual service should count for the purpose of MACP.
8. Item No. 6. Supervised staff placed in higher grade pay than their supervisor. The item has been transferred to the National Anomaly Committee for discussion.
9. Item No.11 and 47. In the Railways and some other departments, promotion continues to be given in the merged pay scales, since these have not been functionally merged. It was demanded that in such promotion increment at the rate of 3% may be granted. The Official side has agreed to consider such cases, if taken up by the respective departments.
10. Item No. 15, 22, 39 and 51.These would be considered in the Anomaly Committee of Railways.
11. Item No. 12, 30 and 49. Those selected under LDCE/GBCE schemes may be treated as directly recruited personnel as was done in the case of old ACP scheme. The Official side agreed to look into it.
12. Item Nos. 13, 16. 24 , 50 and 58. It was pointed out that under old ACP scheme in case of an employee who were reverted from higher post to lower post at this request ( to enable him to get transfer to another recruiting unit) the service rendered by him in the higher post was counted for the benefit of ACP. This should be extended to the MACP as well. The Official side agreed to issue necessary clarification in this regard.
13. Item No.14. A departmental employee who has been appointed to a higher grade by virtue of his being selected in a Direct Recruitment Examination the ten, twenty and thirty years of service for the purpose of MACP to be reckoned from the date of such appointment. Necessary clarificatory order has been issued by the DOPT. ( Please see their website)
14. Item No. 16. The service rendered by an employee who had resigned may be counted if he is given re-employment for the purpose of MACP. The Official side wanted this item to be processed separately.
15. Item No. 17. The service rendered prior to removal or dismissal should count if he is reinstated on appeal or by Courts. The Official side stated that the past service will be considered if so ordered by the Court or the Appellate Authorities.
16. Item No. 36. The service rendered in a State Government/Statutory body /PSU before appointment in the Central Govt. to be counted for MACP. Not agreed to.
17. Item No. 37 and 38. Counting the probation period for the purpose of MACP. This is counted as per the scheme
18. Item No. 42. Application of MACP to a surplus hand redeployed to lower post. This is covered under the scheme.
19. Item No. 18 and 54. A person de-categorised on medical grounds to be treated as a fresh appointee. It was not agreed to .
20. Item No. 41. The service rendered in higher grade who have been redeployed in the lower post on medical de-categorised on medical grounds may be counted under the MACP. The official side agreed to reiterate Railway Board's order issued in the year 2005.
21. Item No. 19, 33 and 53. Stepping up benefit to seniors when the juniors get higher pay on account of financial up-gradation. The Supreme Court has given such an order. The Official side will examine this issue and the copy of the Supreme Court's order may be furnished to them.
22. Item No.20. The Account Assistants in the Railways when appointed on qualifying the Appendix II Examination may be treated as a fresh appointee and his past service in the lower post be ignored. The Railway Board to process this case separately.
23. Item No. 21.27 and 28. The Bench mark of good for entitlement to MACP benefit in cases where promotion to the higher posts is on the basis of seniority cum fitness may be done away with. Agreed to examine and issue necessary clarification.
24. Item No. 24, 40 and 45. Counting of Training period. The induction training period would be counted.
25. Item No. 25. The incentive may be given as applicable to the grade pay granted under MACP. This may be considered by the Railways.
26. Item No.31. Extension of MACP to Staff Car Drivers and other Drivers etc. The orders have been issued separately.
27. Item No.34. Pay fixation on promotion subsequent to the grant of MACP with an increment. This was not accepted.
28. Item No. 35. Notional classification for Central Government employees Insurance scheme for those with Grade Pay of Rs. 4200 to be treated as Group B and covered by the scheme for Group B. Not accepted.
29. Item No.43. There are several illustrations given relating to Railway employees. These were not discussed and each case was asked to be processed separately.
30. Item No. 55. There are no provisions for grant of certain privileges/incentive on grant of MACP as was there in the old ACP scheme. The Item may be considered by the Railway administration.

Due to some unavoidable circumstances, we could not place this letter on our website immediately after the meeting. We regret for the same.

With greetings,
Yours fraternally,
Sd/-
K.K.N. Kutty

Friday, September 17, 2010

ALL INDIA ASSOCIATION OF MINISTERIAL STAFF (GROUP C)
MINISTRY OF STATISTICS & PROGRAMME IMPLEMENTATION
GOVERNMENT ON INDIA
Hall No. 201 & 205, Vijay Stumbh,
Zone I, Maharana Pratap Nagar,

No. 2/Assn/GS/2010 Bhopal, dated 17/09/10

To
The Director (Admn),
NSSO (FOD),
New Delhi

Sub: Notice given by All India Association of Ministerial Staff (Group C), Ministry of Statistics & Programme Implementation for a day strike on 07/09/2010-Regarding.

Sir,
This is in reference to your letter No. B-12020/2/2010-JCM dated 03/09/10 on the above subject. I could not submit the reply within the prescribed time limit because I was ill and on Medical leave. On the above subject it is informed that the undersigned in my capacity as General Secretary had given the notice to the Secretary, Ministry of Statistics & Programme Implementation to join the strike on 7th September 2010, called by the Confederation of Central Government Employees & Workers, New Delhi. But it is surprised to note that in reply we have received a memo in the name of an individual i.e. TKR Pillai, Assistant which serve nothing except to confuse the members of the Association.

As regards the application of the Article IV of the Constitution on my promotion to the post of Assistant in Rs. 4200/ grade pay, it is informed that this Association has already written a letter to the Ministry of Statistics & Programme Implementation vide letter of even number dated 13/8/10 (copy enclosed) and the same is under consideration of the Ministry. Further we had not received any letter de-recognising the Association from the Ministry till date.

It is therefore requested that the offices of the FOD may please be instructed to deduct the individual subscription of the Assistants & Hindi Translators from the pay roll at the earliest.

Encl: As above
Yours faithfully


(T.K.R. Pillai)
General Secretary

Copy to:
The Deputy Director, NSSO (FOD), Bhopal with reference to his Memo No. A-
11010/19/Ass/Estt/MPC/2009-1- dated 16/09/10 for information please.
(T.K.R. Pillai)
General Secretary

Tuesday, September 14, 2010

CEC NOTICE

ALL INDIA ASSOCIATION OF MINISTERIAL STAFF (GROUP C)
MINISTRY OF STATISTICS & PROGRAMME IMPLEMENTATION
GOVERNMENT ON INDIA

Hall No. 201 & 205, Vijay Stumbh,
Zone I, Maharana Pratap Nagar,
No. 2/Assn/GS/2010 Bhopal, dated 02/09/10


NOTICE

It is hereby notified that the Central Executive committee meeting of All India Association of Ministerial Staff (Group C), Ministry of Statistics and Programme Implementation will be held on 27 September 2010 at Lucknow. The meeting will start at 09 A.M. sharp. The venue of the meeting will be informed later. The following shall be the agenda:

1. General Secretary’s report on the working of the Association.
2. Financial review.
3. Reclassification of distinct category by the Ministry.
4. Cadre restructuring of Ministerial Staff/Hindi Translators.
5. Merger of the posts of UDC & LDC & Upgradation of grade pay.
6. Merger/upgradation of the AO & OS and grant of Rs. 4800/ Grade Pay
7. Grant of parity between the Assistants of CSS & Field offices
8. Filling up of the vacant posts of Ministerial Staff.
9. Any other items with the permission of the Chair.

(TKR Pillai)
General Secretary
Copy forwarded to:

1. The Director (Admn), Ministry of Statistics and Programme Implementation,
New Delhi.
2. The Additional Director General, NSSO (FOD), New Delhi.
3. The Additional Director General, NSSO (DPD/SDRD) Kolkata.
4. All Office bearers and Committee Members of the AIAMS (Group C), MoS & PI with a request to attend the meeting.
5. JCM (OC/DC) Members/ S/Shri S.K. Singh, (FOD), Dehradhun/ Srinivas, (FOD), Hyderabad/ P. Prakasam, (FOD), Cudapah/Udaya Kumar, (FOD), Banglore/ Smt Bindu shany, (FOD), Mumbai/ Rishikesh, (FOD), Ahmedabad/ Subash Chander, (FOD), Jammu/ Gurudeep Singh, (DPD) , Giridhi/ Pinaki Charya/Pintoo Haldhar (SDRD), Kolkata/N. Karmakar/Sanjay Hardhar, (DPD), Kolkata as special invite.


(TKR Pillai)
General Secretary

Friday, September 10, 2010

MACP-CLARIFICATION REGARDING PARA 6.1

DoPT vide O.M. No. 35034/3/2008-Estt (D) dated 9.9.10 has clarified that the previous ACP would be applicable in the new pay structure adopted w.e.f. 1.1.2006. Para 6.1 of Annexure I of MACPS is only for exercising option for coming over to the revised pay structure and not or grant of benefits under MACPS.

Child Care Leave-Clarification

No. 13018 /1/2010-Estt. (Leave)
Government of IndiaMinistry of Personnel,
P.G. and Pensions
(Department of Personnel & Training)
New Delhi, the 7th September, 2010

Office Memorandum

Sub: Child Care Leave in respect of Central Government employees as a result of Sixth Central Pay Commission recommendations - Clarification regarding

The undersigned is directed to say that this Department has been receiving representations from Government Servants through various quarters like the Public Grievances Cell/Associations etc requesting to review the decision to allow Child Care Leave (CCL) only if the employee has no E.L. at her credit.

2. This Department's O.M. No.13018/2/2008-Estt.(L) dated 11/09/2008 regarding introduction of Child Care Leave in respect of Central Government employees and subsequent clarifications vide O.Ms. dated 29/9/2008, 1811 112008 and 2/12/2008 were reviewed.

It has now been decided in consultation with Department of Expenditure, to delete the condition that CCL can be availed only if the employee concerned has no Earned Leave at her credit, subject to the following conditions:-

(i) CCL may not be granted in more than 3 spells in a calendar year.
(ii) CCL may not be granted for less than 15 days.
(iii) CCL should not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which this leave is sanctioned during probation is minimal.

3. It is reiterated that the leave is to be treated like Earned Leave and sanctioned as such.

4. These orders take effect from 1.9.2008. Earned Leave, if any, availed by women employees before availing CCL subsequent to the issue of the OM 13018/2/2008-Estt. (L) dated 18- 1 1-2008 may be adjusted against CCL, if so requested by the employee.
5. Hindi version will follow.

(Simmi R.Nakra)
Director

Thursday, September 2, 2010

Why we should participate in the 7th September strike



Dated: 24/08/10

Dear friends,
7th September Strike:

The General Body Meeting held at Nagpur had unanimously decided to participate in the strike action called by the Confederation of Central Government Employees & Workers. Now, the Confederation has decided to participate in the strike slated for 7th September, 2010, for which call was given by the Central Trade Unions at the Convention, held at New Delhi on 15th July, 2010. Accordingly our Association has served the strike notice to the Secretary, MoS & PI on 20th August 2010.
Association had also conducted a circulation meeting among the members of the Central Executive Committee of the Association and majority of them are supported in the joining of our Association in the 7th September strike. All Unit Secretaries therefore, are requested to please gear up the work for the successful conduct of the strike in their Units. The copy of the strike notice issued by us is enclosed. Please submit a copy of the same to the Head of Offices for their information before 07th September 2010.

As regards the demands, Confederation has added 5 more demands of common nature of Government Employees with the 5 demands put forth by the Central Trade Unions. In addition affiliates were empowered to add more demands of Department Specific as part II of the demands. Accordingly we had added two demands related to the Ministerial Staff which are given in Serial Number 11 & 12 of the charter of demands (Please see the charter of demands attached with the strike notice).

We are having the moral responsibility to raise our voice and record our concern against the onslaughts unleashed on working class. And also organised action is necessary to protect the achievements we got through relentless struggle. And as such we are wholeheartedly participating in the 7th September strike.

Friends, for us, it is immaterial how many other Associations of the Department are participating in the strike. Irrespective of the other Association's participation we go to participate as we have decided the same with majority CEC consents. Taking a stern decision and the implementation of the same in the same coin will always have clear result.

In fine, I re-iterate that the 7th September strike is a crucial movement for safeguarding the achievement we got so far. It will help to strengthen the unity of the working class as a whole, which is essential to resist the capitalist attack on the working class and common people. On behalf of the Central Executive Committee of the Association, I appeal to all Units to conduct Unit meeting immediately after the receipt of this letter in its own seriousness and start preparations for a successful strike. Do not fear. Do not hesitate or get confused. Take a clear and positive stand towards the strike on 7, September 2010 and compel the Government to accept the demands.
Description on the issues raised has been given in the confederation circular which is given below. All Unit Secretaries are requested to download it and circulate amonst the members and other staff members.

Joining of Multi Tasking Staff and stenographers in our Association:

The Ministry vide letter No. B-120111/2/2010-Ad III dated 26/02/10 had asked the Group C staff (now Multi tasking Staff) to give member ship to other group C staff viz LDC, UDC etc in their Association. According to said letter the Ministry has defined distinct category as “Ministerial Staff Group C” (including all group C posts in Ministerial Staff) for negotiation of service Association. This rule is applicable to us also. Thus the Association has decided to extend membership to Multi tasking Staff and Stenographers also in our Association. All Units are therefore requested to get the membership form in annexure A filled by them and send the same to Association Hqrs for further action. The individual consent for deduction of annual subscription also be obtained from them and handed over to the HO with recommendation of the Unit Secretary. A copy of the individual consent may be sent to the Association Head Quarters alongwith the Annexure A.

With warm regards,
Yours Sincerely

(TKR Pillai)
General Secretary

Sunday, August 29, 2010

7th September strike

A brief note, on the major demands included in the ten point charter of demands of the 7th September strike, published by the Confederation of Central Government Employees & Workers is given below: All Unit Secretary/Members are requested to download it and circulate amongst the members and well wishers.
CHATER OF DEMANDS
On price rise and the PDS.
The Economic crisis in nineties caused primarily by the indiscriminate borrowings indulged in by the Government of India especially from the world bodies like IMF and the adherence to their conditionalities) created a conducive climate for the proponents and champions of market economy to advocate the globalization path of economic development. The State began to withdraw itself from various sectors and the least governance was considered as the virtue and synonym for good governancne. In other words, the Government withdrew itself from the concept of welfare governance and opted for faster economic development through privatization, liberalization and globalization. The agony and misery of common multitude, the consequence of adoption of market economy was considered by the rulers as the price to be paid in the process. The various subsidies provided to ensure that the essential commodities needed for human existence is made available to the common people was treated as a profligacy and concerted efforts were made to cut them drastically in budget after budget presented to the Parliament. The media both print and electronic which had gone into the hands of large corporate houses by then propagated the liberalization and globalization policies to the hilt and inside the Parliament various legislations were moved and enacted by the ruling class supported by the dominant opposition parties, with the sole exception of the Left parties.

The Working class organizations except those affiliated to INTUC and BMS realizing the dangerous impact on the lives of the common people decided to oppose the neo-liberal economic policies by strike and other demonstrative actions. Between the period 1991 and 2008, the sponsoring committee of Central Trade Unions along with the different Federations of employees organized strike actions on 12 occasions which indeed made deleterious impact over the pace with which the Indian ruling class wanted to usher in these policies. Not only the common people, but also the intellectual and the middle class had to admit albeit reluctantly that but for the consistent opposition of the left parties and the working class organizations, the global financial crisis that engulfed the American and European Continents and many other parts of the world would have destroyed the Indian economy. To tide over the ripple it created in the Indian Economy, the Government had to make outflow of crores of rupees in the name of bail-out packages to Indian Industry. Once the crisis is blown over, the Government has gone back to its good old days of implementing these discredited policies with a vengeance.

The unbridled accumulation of wealth in a few hands, the cardinal consequence of the capitalist economic development bring about a pyramidal society giving no room for the poor people at the base even to eke out an existence. This aspect became more and more pronounced over the years and reached a stage that it became impossible for anybody who is supposed to be representing the workers to continue to ignore this phenomenon. Those organizations which had taken a contradictory stand against the sponsoring committee had to come together to voice their concern against the marginalization of the working people. Both BMS and INTUC had to join in the concerted efforts of the workers to oppose, if not the policies, at least the manifestation of it, especially the escalation of prices of essential commodities. The inflationary impact in the economy created by the pursuance of the neo-liberal economic policies mostly engineered was conceived to effect a transfer of wealth from the poor to the rich. The inflationary impact reached an intolerable stage in as much as its incremental rate from quarter to quarter was in two digits .Never in our post independent era had it assumed the dimension of today with the result that all opposition political parties in the country had to rally round inside and outside the Parliament to denounce the Government of inaction and the 5th August Nationwide bandh became total and resonant.

In the immediate years after independence, in order to ensure food security to the people of India, the Indian ruling class under pressure created the universal public distribution system especially for food articles. It became an effective instrument in the years to contain the artificial rise of market prices of essential commodities especially in the face of hoarding and black market operations of unscrupulous traders. The sweep and range of commodities made available through these outlets, known as ration shops in the common parlance even though beset with innumerable problems connected with leakages and corruption, was the most effective welfare measure of the Government of India, which in no small degree arrested and stopped the starvation death in rural India. The advent of neo liberal economic policies ensured that this singular welfare measure of universal public distribution system was discarded.

Both inside and outside Parliament our Present day rulers advocated that the higher prices are inevitable given the shortfall in domestic production and prevailing higher prices of rice, wheat, pulses and edible oil globally. Far from truth the statement was, as the production of food-grain in 2006-07 in our country was 9.3 cr. tonnes, 9.6 crores in 2007-08 and 9.9 crores in 2008-09 despite the fact that our investment in agricultural sector in the last ten years was less than 2% of the GDP and constantly year after year the Government had been withdrawing subsidy to the farm sector.

Primarily to ensure that the universal PDS is in operation, and the peasants do get remunerative price for their produce, the Government had created a buffer stock of food-grains. The statutory norm fixed was to have 200 lakh tonnes of wheat and rice as buffer stock. Presently the FCI godowns carry 475 lakhs of food-grains. Of it 3 million tones are reported to be rotting for want of space in the warehouses and rats the beneficiaries. This made the honourable Supreme Court to ask the Government as to why that which cannot be stored properly be distributed to the poor.

While dismantling the PDS destroyed the food security enjoyed by the poor, the permission granted to speculators to indulge in forward trading in food articles with an intent to artificially boost the statistical growth of economy resulted in the soaring of prices in the market. The fervent appeals made by the informed public, intelligentsia in the society and the Parliamentarians belonging to the left parties to ban forward trading fell in the deaf ears for that would have entailed in the slowing down the reforms, which course the UPA II Government had vowed to intensify. Despite the reportedly enviable growth rate of 8 to 9% over the past few years and the consequent rise in the per capita income of our country, vast majority of our countrymen have become poorer while the number of dollar billionaires were doubled. According to Shri Arjun Sengupta report, 77% of Indian population have a daily income of less than Rs. 20. And the Tax concessions, deduction and exemptions given away in the last budget to those who can afford to pay the levies was of the order of Rs. 5.18 lakh crores.

It is on the top of all these, the GOI recently hiked the petrol prices perhaps the nth time the UPA is in power on the specious plea of helping the Public Sector Petroleum marketing companies out of the under recoveries. In the context of IOL making a profit of 10998 Crores in 2009-10 and the respective figure for HPCL and BPL being Rs. 544 Cr and 874 crores and the Govt. of India making a neat additional tax of Rs.86,000 crores (Rs. 110000 Crores minus State share of Rs. 24,000 crores), this fiscal, only an insensitive Government alone can resort to these measures.

This being the general scenario which must be of concern to us rather of grave concern, it would be pertinent to note the erosion in our real wages brought about by the unprecedented escalation of retail prices of commodities of daily consumption. The 6th CPC determined the minimum wage on the basis of the retail prices of various commodities as existed on 1.01.2006. (Please see page 53 of the 6th CPC report). We are unlike those in the unorganized sectors in the company of those segment of the working class, who get their wages cost indexed, howsoever, defective, trivial and insufficient it is. Therefore, we get 35% addition to our wages in the form of DA ( raised to 45% by the recent hike). From the table given hereunder we can see that the average rise in the prices of those commodities which are taken for the computation of minimum wage has been of the order of 175%.

Sl.No Name of articles Price as 1.1.2006 Price as on date % increase
1 Rice 18 38 120
2 Dhall 4 varieties; average 40 87 120
3 Raw vegetables 10 40 400
4 Green veg. 10 56 560
5 Other veg 10 40 400
6 Fruits 30 100 330
7 milk 24 32 40
8 Sugar,jiggery. average 24 43 95
9 Edible oil.3 varieties.average 50 95 95
10 Fish 120 300 150
11 meat 120 240 100
12 egg 2 3 50
13 Detergents/soap 200 350 75
14 Cloth 80 120 50
Average increase : 174

Fill up all vacant posts and lift the ban on recruitment. Stop outsourcing contractoisation of Governmental functions.

The VI-CPC had recommended the abolition of Gr. D. posts numbering about 9.4 lakhs in the Government of India.. The CPC raised all the Gr. D employees existing in the Govt. sector to the status of a skilled worker and placed them in Gr. C pay scale. The suggested pay scale of the upgraded personnel is a pre-revised pay of Rs 2750-70-3800-75-4400. In fact the said pay scale was the fourth grade of pay suggested by the V-CPC for the unskilled workers. In para 3.7.7 of the Pay commission recommendations the commission has observed that:

"Increasingly' basic work relating to cleaning, sweeping, maintenance etc. is being outsourced. This is a welcome trend that needs to be encouraged by bringing about systematic changing in the existing scheme so that the employees in Govt. are only utilized for requiring a certain levels of skills".

It is a fact that majority of the functions presently carried out by the Gr.D. employees across the Board is unskilled. What had actually been done by the Commission is to abolish the unskilled functions in the Governmental sector and pave way for more and more contractorisation of these jobs while the existing employees (whose working strength has become less than 50% of the sanctioned strength) might be classified as Gr.C. and assigned to do functions which are of skilled nature with lesser emoluments than what it could have been even as per the V-CPC recommendations. It is therefore, a disastrous recommendation. In the days to come the unskilled nature of jobs would be either outsourced or would be contractorised. This recommendation therefore, is not for the benefit of the existing employees who are recruited as unskilled workers. Now the recruitment will hereafter become unavailable in the Governmental sector for those who are in the lower strata of the society who could not afford or who are not provided even the primary education even though the universal primary education is stated to be the objective and goal of a welfare Government as per our constitution.. In fact they are being punished for the social inability or abdication of the responsibility on the part of the Government to provide them with a decent standard of living or the nascent requirement of primary education. The recommendation is therefore, a by-product of the neo-liberal economic policies pursued by the Govt. since 1991 which we have been fighting against all these years along with other segment of the working class.

As has been feared, the Government has now decided to ensure that all unskilled jobs are contractorised. The guidelines issued by the Department of Personnel for the Mutlti-tasking staff makes it mandatory that the future recruitees to the government service has a minimum educational qualification of matriculation. The recruitment will be done through the Staff Selection Commission. These personnel may not be deployed for the unskilled jobs like that of sweeper, farash, mali, watchmen etc. These functions would naturally be contractorised. The Department of Personnel has already advised all concerned to go in for contractorisation of these functions. The workers so recruited by the contractors are not to have any job security as they will be liable for the hire and fire system.

Outsourcing

In the background of the continuing ban on recruitment, many of the Government organizations has resorted to outsourcing of their functions which are of permanent and perennial nature to agencies on fixed rates. The very fact that the Government has made available funds for the Departmental heads to resort to outsourcing establishes the policy being pursued by the Government. The functions hitherto being carried out by the Group C employees and the Group B Non gazaetted are liable to be outsourced. Once the system is established, there will be no likelihood of any fresh creation of posts in these cadres. The large scale computerization has helped the outsourcing as a fesible proposition.

Regularise the Daily rated workers, GDS, remove ceiling on compassionate appointments end discrimination in the grant of bonus to GDS employees.

In the background of the continuing ban on recruitment, quite a number of workers had been recruited in Government service on daily rated basis. Many of them have completed more than a decade in Government service. They had been on the pay roll of the Government to carry out the functions of a permanent and perennial nature of jobs. The resort to recruitment of daily waged workers to carry out the functions which are clearly permanent and perennial nature is in clear violation of the extant instruction in the matter. Having elicited their service for the past several years, they should be regularized as permanent employees with all concomitant benefits. Retrenching them to be replaced with fresh daily rated workers is impermissible.
Similar is the case of GDS employees in the Postal Department. The system a colonial concept ought to have been discarded long time back. The functions entrusted to the GDS in the Postal Department are of permanent nature. Some of them are required to do more than 8 hours work a day. Many of the post offices, especially in rural areas are manned by the GDS and the postmen are required to function continuously for more than 8 hours a day but still paid as a part time employee. There should be a system by which these employees who are recruited as GDS are absorbed as regular employees after a pre determined number of years of service. Another issue pertaining to the GDS is the unjust denial of the benefit of the raised quantum ceiling on bonus calculation. While the Bonus Act was amended by the Government, raising the emoluments ceiling for the purpose of calculation of bonus from Rs. 2500 to 3500, it was extended to all civil servants except the GDS. Most of the GDS has a monthly emoluments beyond the limit of Rs. 3500. There is no justification for denying this benefit to them.

Remove the arbitrary 5% ceiling and 3 years condition on compassionate appointment and withdraw court cases and absorb all waitlisted RRR .

On the pretext of the directive of the Supreme Court, Govt. introduced the concept of a 5% ceiling on the compassionate appointment. The fact was that there had been no such directive from the Honourable Supreme Court. There had been no rhyme or reason for this stipulation. Despite the repeated discussion on the subject at the National Council and its Standing Committee and the solemn assurance given by the Cabinet Secretary in the wake of the last strike action, nothing has been done in this regard to resolve the issue. It is pertinent to mention in this connection that the compassionate appointments in the Railways continue to be operated without any such ceiling. Moreover in the Department of Posts hundreds of compassionate appointment candidates selected by Selection Committee are being denied jobs and attempt to oust them is on. Through legal stay orders these candidates known as RRR Candidates are fighting the battle. The Government should withdraw the SLP filed against them and absorb them all as regular employees and withdraw the orders imposing and arbitrary ceiling of 5% and non-consideration of the case of candidates whose applications are pending for more than 3 years.

Grant statutory defined pension scheme to the employees recruited after 1.1.2004 and withdraw the PFRDA Bill from Parliament.

The present defined benefit scheme of pension was introduced replacing the then existing contributory system. As part of the neo liberal economic policies, the Government decided to reconvert the same into contributory and make the fund available for the stock market operations. It is the vagaries of the stock market which will determine the pension returns from this fund. Before the introduction of the PFRDA bill, the Government had set up a committee under the chairmanship of Shri Bhattacharya, Chief Secretary of the State of Karnataka. The bill has been drafted and presented to the Parliament disregarding even the recommendation of the said committee to the effect that the Govt. should consider introducing a hybrid system by which the employees will have a defined benefit, if they choose to be satisfied with the said return and can opt for a higher return through stock exchange investments. The Bill could not be passed in the Parliament as the Left Parties took the principled position that they would not support a proposal detrimental to the interest of the employees. Despite the non passage of the bill and the consequent absence of a valid law to support the Pension Regulatory authority, the Govt. has converted the existing pension scheme into a contributory one and invested a percentage of the fund so generated from the employees contribution in the Stock market, whose index has crashed to one third of the value at the time of investment.

Pension is earned by an employee by rendering service and therefore there is no requirement of any payment by the employee for earning pension. This statutory right of the employee is enforceable through courts. The Supreme Court has declared pension as one of the fundamental rights. The government should therefore retrace from its avowed position, which is detrimental to the interest of the employees and ensure that the employees recruited after 1.1.2004 is covered by the existing statutory defined benefit scheme by withdrawing the PFRDA bill from the Parliament.

Right to Strike;

Continuing with the colonial concept of denying the Civil servants the privileges enjoyed by the other sections of the society is a matter of great distress. Article 309 of the Constitution makes it incumbent upon the Government of India and the Provincial Government to make enactments to regulate the service conditions of the civil servants. The Indian Parliament had no time to make such enactment. In fact the Indian ruling class wanted no such enactments. The transitory provisions empowering the President of India to make rules till such time the enactment is made has been employed to regulate the service conditions of the Government employees.

Once recruited as an employee, the ILO's conventions provide all trade union rights. India is a signatory to those conventions. Despite all these legal and moral obligations on the part of the Government, the Government employees continue to be denied the right to collective bargaining. No negotiation is worth the meaning, if the employees have no right to withdraw their labour in case of a non satisfactory agreement on their service conditions. It is this legal lacuna which was employed by the Supreme Court to justify the arbitrary dismissal of lakhs of employees by the Tamilnadu State Government when they resorted to strike action. In the judgment delivered by the Supreme Court, it was observed that the Government employees do not have any legal, fundamental or moral right to resort to strike action. It is all the more an injustice especially when the Government considers that strike is a right of the workers in the Public Sector undertaking and that of the private enterprises in the country. It is paramount that the Government employees do have the right to strike in order to force upon an agreement for better wages and service conditions.