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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, 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