07/11/SH NEWS

As per the lawyer, upgradation of Grade Pay of LDC pending in CAT Jabalpur will be decided by a regular bench. To constitute a regular double bench sufficient judges are not available in CAT Jabalpur. The date of next hearing on the SLP filed against MACP on promotional hierarchy in Supreme Court is

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Tuesday, July 31, 2012

GOVERNMENT ORDERS MODIFYING A CONDITION IN COMPASSIONATE APPOINTMENTS


THREE YEARS TIME LIMIT FOR MAKING
COMPASSIONATE APPOINTMENTS IN CENTRAL
GOVERNMENT SERVICES DROPPED BY DOPT

Government drops the earlier condition of time limit of three years prescribed for considering cases of compassionate appointment.

This is a small improvement but the main condition of cap of 5% vacancies only for compassionate appointments not lifted. Thus the fight, till opening the  compassionate appointment to all genuine cases, will continue.

The full text of the Government Order is placed hereunder for the information of our blog viewers:

 F.No.14014/3/2011-Estt. (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated the 26th July, 2012

OFFICE MEMORANDUM

Subject:- Review of three years time limit for making compassionate appointment.

The primary objective of scheme for compassionate appointment circulated vide O.M. No. 14014/6/94-Estt(D) dated 09.10.1998 is to provide immediate assistance to relieve the dependent family of the deceased or medically retired Government servant from financial destitution i.e. penurious condition. The Hon'ble Supreme Court in its judgment dated 05.04.2011 in Civil Appeal No. 2206 of 2006 filed by Local Administration Department vs. M. Selvanayagam @ Kumaravelu has observed that "an appointment made many years after the death of the employee or without due consideration of the financial resources available to his/her dependents and the financial deprivation caused to the dependents as a result of his death, simply because the claimant happened to be one of the dependents of the deceased employee would be directly in conflict with Articles 14 86 16 of the Constitution and hence, quite bad and illegal. In dealing with cases of compassionate appointment, it is imperative to keep this vital aspect in mind".

2. This Department's O.M. No. 14014/6/ 1994-Estt. (D) dated 09.10.1998 provided that Ministries/Departments can consider requests for compassionate appointment even where the death or retirement on medical grounds of a Government servant took place long back, say five years or so. While considering such belated requests it was, however, to be kept in view that the concept of compassionate appointment is largely related to the need for immediate assistance to the family of the Government servant in order to relieve it from economic distress. The very fact that the family has been able to manage somehow all these years should normally be taken as adequate proof that the family had some dependable means of subsistence. Therefore, examination of such cases call for a great deal of circumspection. The decision to make appointment on compassionate grounds in such cases was to be taken only at the level of the Secretary of the Department/Ministry concerned.

3. Subsequently vide this Department's O.M. No. 14014/19/2002-Estt. (D) dated 5th May, 2003 a time limit of three years time was prescribed for considering cases of compassionate appointment. Keeping in view the Hon'ble High Court Allahabad judgment dated 07.05.2010 in Civil Misc.Writ Petition No. 13102 of 2010, the issue has been re-examined in consultation with Ministry of Law. It has been decided to withdraw the instructions contained in the O.M. dated 05.05.2003.

4. The cases of compassionate appointment may be regulated in terms of instructions issued vide O.M. dated 09.10.1998 as amended from time to time. The onus of examining the penurious condition of the dependent family will rest with the authority making compassionate appointment.
(Mukta Goel)
Director (E-I)

Tel. No. 2309 2479




Saturday, July 28, 2012

MACP ANOMALY COMMITTEE MEETING HIGHLIGHTS




CONFEDERATION OF CENTRAL GOVT.
EMPLOYEES & WORKERS.
A-2/95,Manishinath Bhawan,
Rajouri Garden,
New Delhi-110 027
Website: confederationhq. Blogspot.com.
E mail:confederation06@yahoo.co.in.

MACP JOINT COMMITTEE MEETING AND DECISIONS.

    Dear Comrades,
           
 The joint Committee set up by the National Anomaly Committee to consider the MACP related issues met on 27th July, 2012. The Staff Side was represented at the meeting by the following comrades:

Com. M. Raghaviah
Com. Umraomal Purohit
Com. S.K. Vyas
Com. C. Srikumar
Com. K.K.N. Kutty
Com. Shivgopal Misra
Com. Bhosle

The report prepared by the sub-committee after three rounds of discussions was reviewed at the meeting.  The points that came up for discussion and the decisions taken are as under:

Grant of MACP in the promotional hierarchy:  The Staff Side pointed out that the ACP which was in vogue till the advent of MACP had been on promotional hierarchy.  In the name of improvement of the scheme, the Government cannot unilaterally change it, especially when the concerned employees do not consider it as advantageous.  They suggested that the employees must be allowed to retain the ACP for the first two promotions and for the third promotion MACP can be extended.  However, the Official Side said that it would not be possible to have any hybrid scheme.  In fact, they added that the 6th CPC had suggested for two career progressions only and that too on grade pay hierarchy.  The govt. had improved upon and therefore it was not possible for them to agree for the suggestion of the Staff Side.  They also stated that the reason for bringing about grade pay hierarchy was to bring about uniformity in the scheme across the Departments as the promotional hierarchy varies from one department to another.  They declined to consider the suggestion for promotional hierarchy based MACP.

The Staff Side then pointed that in the last meeting of the Committee, the Official Side taking into account the difficulties and disadvantages experienced by the employees in many departments which were presented by the Staff Side had agreed to consider department wise/cadre wise options.  The Staff Side further pointed out that the suggestion of the Official Side would not go to resolve the issue.  They said that option must be provide for each individual employee to choose either the ACP or MACP whichever is beneficial to him as is provided in the CCS(RP) Rules.  The unilateral withdrawal of a benefit from an employee is not permissible.  They also stated that the Official Side has not pointed out the difficulties in agreeing to this proposal.  After some discussions, the Official Side said that they would re-examine the issue of individual option and will come up with their considered view at the next meeting of the NAC.

Counting 50% of service of the Temporary status/casual labourers for the purpose of MACP:  In the light of the discussion at the meeting, the Official Side agreed to examine the matter.


Treatment of employees selected under LDCE Scheme and GDCE Scheme:  The Official Side agreed to issue orders on the same lines as has been issued under the ACP Scheme.  The Staff Side stated that wherever examination is the criterion for promotion/fast track promotion, the service rendered by such employees in the lower post must be ignored and such promotion should be treated as appointment and the promotion scheme to commence from the date of such appointment.  This was not agreed to by the official side on the plea that such appointments are against promotion quota and therefore, they are to be considered as promotion only.  The Staff Side them pointed out that this issue had been the subject matter of judicial consideration before the Tribunal and the Tribunal has given the decision in favour of the employees.  The Official Side wanted a copy of the judgment to react to this.


Date of effect of the Scheme:  The Staff Side pointed out that the date of effect of MACP Scheme must be from 1.1.2006.  The analogy of the 5th CPC has no application as ACP was introduced after discussion with the Staff Side on a later date.  Since the Government issued the orders of the 6th CPC and the acceptance of the MACP with modification almost simultaneously, it should have been made effective from 1.1.2006.  They also pointed out that the MACP is not an allowance to be made application from 1.9.2008.  The Official Side pointed out that the benefit emanating from the MACP i.e. the third promotion was applicable to all existing employees who were in service after 1.9.2008.  The Staff Side demanded that the benefit has been denied to those who retired between 1.1.2006 and 30.8.2008.  The Official Side agreed to consider application of the new MACP with effect from 1.1.2006 for those who retired/died between 1.1.2006 and 30.8.2008.

Financial up-gradation under MACP in the case of staff who join another unit/organization on request.  It was agreed at the last meeting that the services rendered in another recruiting unit/organization will be taken into account for counting service for promotion under MACP.  The Staff Side however, pointed out that in many cases; the employees are compelled to seek reversion in order to be transferred to another recruiting unit.  In their case, the promotion so earned at the present recruiting unit and which have been foregone is being counted as one promotion under MACP.  The Official Side agreed to look into this matter and issue necessary clarificatory orders.

 Stepping up of pay of senior incumbent with the junior as a consequence of ACP/MACP.  The Official Side stated that in the light of the judgments delivered in the matter they will have the case looked into and necessary instructions issued.  They also stated that certain instructions in the matter has already been issued, copy of which will be made available to the Staff Side.          

The bench mark question for promotion under MACP.  The Official Side agreed to issue a clarificatory order stating that if the promotion is on seniority cum fitness basis, MACP will also be on seniority cum fitness basis.

                There had been no discussions on other points, incorporated in the report.  The stand taken by the Official side in those matters remains unchanged.  You may kindly access the report from the website of the Department of Personnel along with the relevant orders.

                 With greetings,

Yours fraternally,

KKN Kutty
Secretary General


CONFEDERATION OF CENTRAL GOVT.
EMPLOYEES & WORKERS.
A-2/95,Manishinath Bhawan,
Rajouri Garden,
New Delhi-110 027
Website: confederationhq. Blogspot.com.
E mail:confederation06@yahoo.co.in.

THE GRAND MARCH TO PARLIAMENT
IN PURSUANCE OF THE 15 POINT CHARTER OF DEMANDS.

Dear Comrades,

                The National Sectt. of the Confederation places on record its appreciation and gratitude for the tireless efforts of the State Committees and the affiliates in making the programme of 26th July, 2012, i.e. the March to Parliament a grand success.  The gathering at Jantar Mantal  had been magnificent and far higher than our expectation.  As per the initial information supplied to us, every State has strived to mobilize maximum number of comrades to participate in the programme so as also was the endeavor of the affiliates.  More than 20,000 comrades converged at the Parliament Street with placards, banners, flags and wearing different colour caps. We anticipated quite an amount of difficulties and problems on 26th due to the decisions taken by the “Anna Hazare Committee against corruption”  to organize indefinite dharna/fasting programme at the same venue.  At the last minute, the Police authorities had to shift the spot at Jantar Mantar where we were to commence the procession.  We could not get sufficient time to convey the changes made to our comrades, who had already started from different stations.
  
 We also note with satisfaction that the leaders who had been entrusted to undertake the country wide campaign programme had done so with dedication and sincerity.  As per the report we have at the CHQ, the campaign programme as chalked out had been carried out in all places except in Madhya Pradesh. The inability of the MP State Committee due to some unavoidable reasons had its adverse impact on mobilization of the comrades from that State. Similarly, we have been informed that the expected number of comrades had not reached from the North West Region, especially Punjab and Jammu and Kashmir.  Perhaps, we might have placed the target for these states unrealistically.
The procession commenced at 11.30 AM and the first contingent reached the rallying point at 12.15 PM.  The meeting commenced immediately thereafter.  Com. President, Working President and the Secretary General, National Federation of Postal Employees on behalf of the Confederation addressed the gathering.  Com. Tapan Sen, Secretary General, CITU, Com, Amarjeet Kaur, Secretary AITUC, Com. Basudeb  Acharya, MP and leader of the CPI(M) in the Parliament were the other speakers.  The Secretary General while concluding the programme conveyed the decisions of the National Secretariat to go in for a serious campaign programme in the form of Mass Dharna, Demonstrations, Rally before the Governor’s house etc.  He also declared that the Central Government employees under the banner of the Confederation will be on a day’s strike on 12th December, 2012. (12.12.12). Our next step must be to draw inspiration from the success of our March to Parliament programme and advance our movement to the impending strike action to create sufficient sanctions so that the Government will announce the setting up of the 7th CPC  and hold meaningful negotiation for the settlement of the other demands in the charter. The National Secretariat will meet in the first week of August, 2012.  Notice is being issued separately.  All Sectt. , members are requested to attend the meeting.


                We have published quite a number of photos of the rally in our Website.  The Press Statement issued   on 27th along with the copy of the Memorandum to the Prime Minister has also been placed. Kindly use the explanatory memorandum for the intensive campaign you will have to undertake for the strike action.
                 With greetings,

Yours fraternally,

KKN Kutty
Secretary General

Friday, July 27, 2012

CENTRAL GOVERNMENT EMPLOYEES' MASSIVE PARLIAMENT MARCH ON 26TH JULY 2012




MASSIVE RALLY - PRESS STATEMENT AND MEMORANDUM TO PRIME MINISTER OF INDIA BY CONFEDERATION




CONFEDERATION OF CENTRAL GOVT.
EMPLOYEES & WORKERS.
A-2/95,Manishinath Bhawan,
Rajouri Garden,
New Delhi-110 027
Website: confederationhq. Blogspot.com.
E mail:confederation06@yahoo.co.in.

PRESS STATEMENT.
               
                More than 20000 Central Government employees participated in the March to Parliament programme organised by the Confederation of Central Government employees and workers.  Every State in the country and organisation in each Department of Government of India took part in this programme.  The rally was addressed by Com. Basudeb Acharya and Com. Tapan Sen, Members of Parliament and leaders of CITU. Leaders of AITUC,  BMS and INTUC also addressed the gathering. Besides, the following leaders of the Confederation spoke at the rally.

                Com. S.K. Vyas, President, Confederation, Com. K.Raghavendran, Working President, Com. M. Krishnan, Secretary General, National Federation of Postal Employees, Com. K.P. Rajagopal, Secretary General, Incometax Employees Federation, Com. M.S. Raja, Secretary General, All India Audit and Accounts Association, Com. Brighu Bhattacharya, Secretary General, All India Civil Accounts Employees Association,  Com.Somayya, Vice President, Confederation, Com. Madan, Organising Secretary, Confederation and many others.

                While concluding the rally, Com. K.K.N. Kutty, Secretary General said that the Confederation has submitted a detailed memorandum on the charter of demands  to the Prime Minister and the Central Government employees expect the Prime Minister to consider and settle the issues within a reasonable time frame.  To ensure an expeditious consideration of the issues by the Government the Confederation  has decided to call upon the employees to organise State/District level conventions, demonstration, rally, dharna etc. in the coming three months.  If no satisfactory settlement is brought about within the next three months on the charter, he announced that the Confederation will organise a day’s token strike on 12th December, 2012.

 

  The major demands included in the charter are (a) setting up of 7th Central Pay Commission for wage revision with effect from 1.1.2011, (b) merger of DA with pay, (c) withdrawal of PFRDA Bill (d) revival of the negotiating forum JCM at all levels, (e) stopping privatisation, downsizing etc,(f) regularisation of casual workers, (g) grant of five promotions in the career as is given to the officers etc.

                The rally was concluded with the vote of thanks proposed by Com. Giriraj Singh, President, Delhi State Committee of the Confederation.
                                                                                                                                                                  K.K.N. Kutty
Secretary General