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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Wednesday, December 31, 2014

HAPPY NEW YEAR TO ALL OUR VIEWERS AND  COMPANIONS

Tuesday, December 30, 2014

7TH PAY COMMISSION VISIT TO KOLKATA/ANDAMAN & NICOBAR ISLANDS RESCHEDULED:
"Due to unavoidable circumstances, the Commission's visit to Kolkata/ Andaman & Nicobar Islands has been rescheduled. As per the revised schedule, the Commission will visit Kolkata from 11th - 14th January, 2015"
Source: 7th CPC web site
To,
The Chairman,
7th Central Pay Commission,
P.O. Box No. 4599, Hauz Khas P.O,
New Delhi-110 016
Camp: Kolkata
 Subject:   Upgradation of Pay Scale of LDC & UDC -regarding.
                                   
Respected Sir,
            I would like to draw the kind attention of the 7th Pay Commission to the issues related LDC & UDCs cadres in Central Government Offices and submit the following for your kind consideration.
In pursuant to the recommendations of the 6th Central Pay Commission, pay scales of various Group D posts were merged/grouped into a single post named as Multi Tasking Staff. As a result, the erstwhile pay scale of Rs.5,200-20,200/- were merged and all the Multi Tasking Staff were placed in PB-I of Rs.5,200-20,200/- with Grade Pay of Rs.1,800/-.  Similarly, the pay scales of the administrative posts above UDCs viz Rs. 4500-7000, 5000-8000, 5500-9000 & 6500-10500 have been merged and granted Rs. 9300-34800 with Rs. 4200/4600. But he LDC & UDC who are in the erstwhile pay scale 3050-75-3950-80-4590 & 4000-6000 were placed in PB-I of Rs.5,200-20,200/- with G.P. of Rs.1,900 & 2400 respectively. Thus, there is a difference of only Rs.100/- in the Grade pay of Lower Division Clerk and Multi Tasking Staff.

It is worth mentioning here that the duties and responsibilities attached to the LDC & UDC in subordinate offices are not in accordance with the DoPT manual. LDCs in subordinate offices have been allocated major section with work of higher quality worth to do by UDC/Assistants. Sixth Pay Commission has raised the academic and technical qualification for recruitment to the post of LDC from Matriculation to plus two (10+2) with proficiency in computer operation. But the upgradation of grade pay of LDC & UDC in accordance with the increased education and technical qualification has not been done.

The issue has been brought to the notice of PMO and thereafter the case gone through the DoPT, JCA & Department of Expenditure.  DoPT & JCA termed this as anomaly and advised to take up the matter with Department of Expenditure to consider the upgradation of the grade pay of LDC. According to which the case was sent to the Department of Expenditure but no tangible solution has come up so far. Therefore, aggrieved on the negative approach of the Government in the matter, the All India Association of Administrative Staff (Non Gazetted) Ministry of Statistics & Programme Implementation has filed a case in CAT Jabalpur(Application No.200/00205/2014). Thereafter two more cases have been filed viz. by employees of Boarder Road Organisation in High Court Chandigarh and by Ordinance Factory Clerical Associations at CAT Chennai. All these cases are progressing.

It is further inform that on behalf of our Associations we have submitted individual memorandum to the 7th Pay Commission in respect of all cadres come under these Associations. Since the issue of LDC & UDC is common to all Central Government Offices we have decided to submit a joint memorandum on the issue separately.
In view of the above, the 7th CPC is requested to consider and recommend pay to LDC & UDC in accordance with the cardinal principle equal pay for equal work. Detailed memorandum on this matter is enclosed herewith.

We look forward for your sympathetic consideration on the matter.
                                                                                                                                                                              Yours faithfully


ISSUE RELATED TO LDC & UDC TO CONSIDER BY THE 7TH PAY COMMISSION

Administrative cadres
The Seventh Pay Commission must bring uniformity in the pay scales of Administrative Staff in various Ministries of the Government of India. The pay scale recommended for each cadre in the Administrative branch should be in accordance with the responsibility actually attached with the posts. The duties and responsibilities attached to the LDC & UDC in subordinate offices are much higher quality than the duties of their counterparts in Central Secretariat Offices. In these Offices LDCs are allocated with independent sections worth to do by UDC/Assistants as soon as they join the post. Similarly the Assistant are doing the work of Section Officer/Administrative Officer. In most of the subordinate Offices especially smaller officers Supervisory Posts above UDC/Assistant are not sanctioned. It is to be stated that in Central Government Offices, employees are appointed through common All India competitive examination and posting is made against Department wise vacancies.  In some Departments, there is smooth promotional channel and as such the employees posted there from the common list of the SSC get frequent promotion and thereby get regular increase in their pay as well. Whereas the person posted in other Departments from the common list get no promotion since there is no promotional avenue even after completion of 18- 20 years service. No cadre review has been conducted for the Administrative Staff since the inception of several of the Organisations. And the recommendations for conducting cadre review in every 5 years interval by successive Pay Commissions have been ignored.
1.        Lower Division Clerk
1.1          Having the strength of Administrative staff in the subordinate offices especially in smaller offices, the LDCs posted there are engaged to do the skilled and quality work. They have been allocated with major administrative sections worth to do by the UDC/Assistants because sanctioned strength of UDC/Assistants are very less. Since proficiency in computer is an essential terms for the selection, all LDCs are highly capable  in the operation of computer and doing the work of their respective section as well as the typing work of seniors in addition to their allocated work.  Major duties and responsibilities assigned to the LDCs are as given below:
a)            Maintenance and up keeping of service books, grant of annual increment, leave cases and other work viz. noting, drafting, correspondence related to the service matters of the staff.
b)            Scrutiny of TA Bills, Medical Bill, LTC, Tuition fees, overtime bill etc.
c)            Preparation and maintenance of GPF accounts Registers.
d)            Preparation of bills (Pay, Medical, TA, LTC, GPF, Tuition fee, GPF etc...) & contingent expenditure,
e)            Maintenance of store including purchase and disposal of the articles etc. Maintain the 
            Receipt, proper storage, distribution, safe custody, accounting of stores, procurement of
            Stationery items etc.
f)             Maintenance of registers and files in all subjects.
g)            Dealing the work of Income Tax
h)            Preparation of seniority lists.
i)             Typing (on computer) of work given to them by the seniors on technical and administrative matters from time to time.
j)             Processing of records/documents including technical data, noting drafting, typing etc.
k)            Dealing the cases of monthly/quarterly/half yearly/yearly returns.
l)             Assisting the senior officers/technical officers in correspondence, table work, report writing, data entry etc.
m)          Despatch and dairying of the letters and all other document related to the entire office, including
   technical section.
n)            RTI Matters
o)            Discharging the duties and responsibilities of Cashier; and several other duties.
               
1.2          LDC & DEO The pay scale of Data Entry Operator (DEO) during 5th CPC was 4000-100-6000 and that of LDC was 3050-4950. The difference in pay scale between DEO & LDC was due to the reason that the educational qualification required for data entry operator prior to 6th CPC was 12th standard & Computer proficiency and the educational qualification for LDC was Matriculation with manual typing. But Sixth Pay Commission has increased the educational qualification for the post of LDC equal to Data Entry Operators. And the technical qualification/skill for the candidates appear for the post of LDC requires typing speed 10500 key depressions per hour (KDPH)/9000 KDPH English and Hindi respectively on computer whereas the candidate appearing the DEO requires 8000 KDPH (Since the issue has been raised by various Associations for the last two years and filed cases in the Chennai/Jabalpur CATs & High Court Chandigarh, now the DoPT thorough a notification has changed the 8000 KDPH to 15000 KDPH).  Please see table 1 below:
Name of post/Educational Qualification
3rd CPC
4th CPC
5th CPC
6th CPC
DEO (10+2) & Typing 8000 KDPH in computer (now 15000 KDPH).
NA
1200-30-1560-40-2040
(EDQ: 10+2)
4000-100-6000/
(EDQ: 10+2)
5200-20200(GP 2400)
(EDQ: 10+2)
LDC(up to 6th CPC Matriculation & 35 words per minute in manual type writers and 6th CPC onwards 10+2 and
Typing 10500 & 9000 KDPH English & Hindi respectively in computer.
260-6-326-8-390-10-400

(EDQ: Matriculation)
950-20-1150-25-1400

(EDQ: Matriculation)
3050-75-3950-80-4590

(EDQ: Matriculation)
5200-20200 (GP 1900)

(EDQ: 10+2)
EDQ=Educational qualification.
1.3          As regards the work assignment, the DEO has only to entry the data given to them whereas the LDC has multiple tasks and discharges a very responsible & decisive role in subordinate offices in addition to computer work.
1.5          LDC & Postman: The postman in postal Department with matriculation has been granted Rs. 2000/ Grade pay by the 6th Pay Commission. During the 3rd & 4th CPC Postman was a Group D post with pay scale Rs. 210-4-270 & Rs.825-15-900-20-1200 respectively and educational qualification required for the post was 8th Standard. The Fifth Pay Commission has leveled the pay scale of Post man i.e. Rs. 3050-75-3950-80-4590 to the post of LDC after increasing the educational qualification for the post to Matriculation.
1.6          LDC & Police Constable: The Police Constable with matriculation has been granted Rs. 2000/ Grade pay by the 6th Pay Commission. During the 3rd & 4th CPC Police Constable was a Group D post with pay scale Rs. 210-4-270 & Rs.825-15-900-20-1200 respectively and educational qualification required for the post was 8th Standard.

1.7          Notice Server of Income Tax The Notice Server of Income Tax was also Group D officials during 3rd and 4th Pay Commission and was getting pay scale lesser than the pay scale of LDC. But similar to the Post Man & Police Constable, the pay scales of this post has been upgraded to the level of LDC after raising their educational qualification to Matriculation during 5th CPC. And 6th CPC upgraded the pay scale of these posts and granted Rs. 2000 Grade pay in the pay band Rs. 5200-20200.

Please see table 2 below:
Name of post/ Educational Qualification
3rd CPC
4th CPC
5th CPC
6th CPC
Post Man/Police Constable/ Notice Server of Income Tax  (8th Class till 5th CPC and thereafter Matriculation )

210-4-270
(EDQ: 8th)

825-15-900-20-1200
(EDQ: 8th)

3050-75-3950-80-4590
(EDQ: Matriculation)

5200-20200 (GP 2000)
(EDQ: Matriculation)
LDC (up to 6th CPC Matriculation & 6th CPC onwards 10+2 & Proficiency in Computer.

260-6-326-8-390-10-400
(EDQ: Matriculation)

950-20-1150-25-1400
(EDQ: Matriculation)

3050-75-3950-80-4590
(EDQ: Matriculation)

5200-20200 (GP 1900)

(EDQ: 10+2)

1.8       Action taken by the Government to remove the anomaly:
In order to remove disparity, a request was sent to the DoPT by the All India Association of Administrative Staff, Ministry of Statistics & Programme Implementation(AIAAS, Mos&PI) and the DoPT termed the case related to anomaly and sent to the JCA for disposal. JCA returned the case to DoPT directing them to consider the case at their level in consultation with Ministry of Finance. And finally Ministry of Finance vide OM No 58 (2)/E. III (B)/2014 dated 12th November 2013 has directed the Ministries/Associations for sending proposals to the Ministry of Finance through FA, DoPT for approval.  Ministry of Statistics & Programme Implementation was also directed to do action for necessary upgradation of LDC vide Ministry of Finance OM No.58 (2)/E. III (B)/2014 dated 18th February 2014But the directions contained in the Ministry of Finance OM were insufficient to consider the upgradation of Grade Pay of LDC w.e.f.  1.1.2006 i.e. the date of implementation of the 6th CPC and that is why AIAAS, Mos&PI has filed a case in the CAT Jabalpur (Application No.200/00205/2014.)

1.9       JCM Staff Side Proposal:  JCM Staff side has proposed the upgradation of LDC to the post of UDC (Para 12.6) in the memorandum submitted to the 7th Pay Commission.
1.10     Comptroller & Auditor General of India has recommended the 7th Pay Commission to upgrade the Grade Pay of LDC to 2400(Extract of the recommendation is given below):
“6.1     Clerk cum typist: Present Pay scale PB-1 (Rs. 5200-20200) Grade Pay Rs. 1900/
Deemed Pay scale (corresponding to the 6th CPC): PB-1 (Rs. 5200-20200) Grade Pay Rs. 2400/

The mode of recruitment to Clerk/Typist is 85% by direct recruitment (through SSC), 10% by seniority from Multi tasking staff (MTS) and 5% from examination quota (12th pass MTS with 3 years of service and eligible to appear at the examination). Through the qualification for direct recruitment to clerk/typist is almost the same as to the appointment to the post of Data Entry Operator (DEO), the work profile of a clerk/typist is more varied than that of DEO. Further, it also a promotional post for MTS. On promotion from MTS to Clerk/typist, the change in the grade pay is a mere Rs. 100, which is not commensurate with the increase in duties and responsibilities in the promotional post. Therefore, the more appropriate and justified grade would be the Grade Pay Rs. 2400.”
It is requested to please grant upgradation of the Grade Pay of LDC to the present Grade Pay of UDC. The present Grade Pay of UDC as granted to the Army Ordinance Corps by the DoPT is Rs. 2800. Thus the pay of the LDC may be granted accordingly.
2.          Upper Division Clerk
4.3.1      UDCs are the first level supervisory staff in subordinate offices, the link between LDCs, who have been allocated responsible sections, and Section Officer. The pay structure given to the post by the 6th Pay Commission was very meager in view of the role played by them in the Administrative Offices of the Government of India. And as such the demand for upgradation of the Grade Pay of the UDC in subordinate offices have been raised immediately after the implementation of the 6th Pay Commission. Even though the Government has not taken a common decision to upgrade the Grade Pay of UDC for all Central Government offices, DoPT has revised the Grade Pay of UDC in Army Ordinance Corps vide letter No. A/26576/CPC/Clerks/OS-20/268/D (O-II)/2011 dated 23rd September 2013.

2.1       The average time period in most of the subordinate offices, especially in the smaller offices, for the promotion from LDC to the post of UDC is 15 to 18 years. In Central Secretariat the Assistants with Rs. 4600 Grade deal the important and policy matters. In subordinate offices such work are handled by the UDCs because the number of post of Assistant there are very less and as such the work earmarked for the post of Assistant have been allocated to UDCs.  The details of work assigned to the UDCs are given below:
a)            Preparation of pension papers and allied correspondence.
b)            Preparation of budgets.
c)            Processing cases under Right to information act 2005.
d)            Scrutiny of TA Bills, Medical Bill, LTC, Tuition fees, overtime bill etc...
e)            Preparation of bills (Pay, Medical, TA, LTC, GPF, Tuition fee, GPF etc...) & contingent expenditure and all other works related to accounts.
f)             Maintenance of store including purchase and disposal of the articles etc.
g)            Dealing with Recruitment matters
h)            Dealing with Audit matters.
i)             Dealing with legal matters
j)             Preparation and maintenance of GPF accounts Register of Group D employees.
k)            Maintenance of registers and files in all subjects related to the work allotted to them.
l)             Maintenance and up keeping of service books, grant of annual increment, leave cases,  
         Correspondence related to the service matters of the staff and all other works related to Establishment. 
m)          Noting, drafting etc related to their section and additional assigned to them from time to time.
n)            Dealing the cases of various times of monthly/quarterly/half yearly/yearly returns.
o)            Typing (on computer) of work related to their section and also assigned by the concerned officer from time to time.
p)            Discharging the duties and responsibilities of Cashier
q)            RTI Matters
r)             All other works allocated from time to time by the superior officers.

2.2          In addition, the UDCs are responsible for the scrutiny of important documents/ registers maintained in various sections of the office and held accountable for all lapses at their level. The UDCs should have full knowledge of the rules and regulations and updating of the same with latest circulars issued by the Government from time to time.  The vigor and vitality is mandatory for the post to handle complex nature of work. In contrast, the UDCs working in Central Secretariat is less accountable and is having less work-load as compared with the UDCs of subordinate offices

                Thus the Grade Pay of UDC in NSSO may be upgraded Rs. 4200 Grade Pay.
               


Friday, December 26, 2014

REPORT OF WORKING GROUP CONSTITUTED TO DELIBERATE ON RECOMMENDATIONS IN THE EXPERT COMMITTEE REPORT OF SSC.
CLICK HERE to view
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Expert-Committee-SSC.pdf

Declaration of Assets and Liabilities

Last date for declaration of Assets and Liabilities under Lokpal Act extended to 30th April, 2015 and Form-II & IV are also being revised(Please click the link below).

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/lokpalassets.pdf

Thursday, December 25, 2014

CENTRAL GOVERNMENT EMPLOYEES-THE HIDDEN TRUTH ABOUT REDUCTION OF REGULAR POSTS & RETIREMENT AGE..

Rumors were being spread for quite some time that Central Government is considering to reduce the retirement age of its employees from the present 60 to 58 years. This Association has been receiving enormous phone calls enquiring the factual position of the rumors. Several of the central Government Employees who are in the verge of retirement were anxious because many of them are yet to be free from their family responsibilities viz. marriage of daughter, education of children and other social obligation and the sole income for them is the salary and if the Government all of a sudden reduce the retirement age that will affect them detrimentally.

Moreover, implementation of 7th Pay Commission will be taken place from 01/01/20016 and the person retiring before 01/01/2016 will get less retirement benefits and thus rumors of reduction of retirement age become a cause of doubt that Government is seriously considering to reduce the retirement age of its employees before the implementation of the 7th Pay Commission report.

On the other hand it was spreading that the proposal of reduction of retirement age is a part of the Government’s policy to give employment to young generation. But the fact is that Ministry of Finance in the month of October 2014 has issued order for not creating new plan/Non Plan posts. The order issued vide order No. 7(1)/E. Coord/2014 further says that Posts that have remained vacant for more than a year are not to be revived except under very rare and unavoidable circumstances and after seeking clearance of Department of Expenditure. It is to be noted that lakhs of posts, most of them are Group C posts, are lying vacant in various Ministries of Government of India from years together. To know the factual position, the sanctioned strength, working strength and vacancy of central Government civilian employees in the year 1995-96 and 2011-12 as given in the Memorandum submitted to the 7th Pay Commission by the JCM Staff Side is given below.
Year
Sanctioned Strength
Working Strength
Vacancy
%age of vacant post
1995-96
4215932
3892778
325154
7.71
2011-12
3684543
3084530
600013
16.28
From the above it is clear that the sanctioned strength of civilian employees in 2011-12 is 531389 less than the sanctioned strength in the year 1995-96 out of which 600013 posts have been kept vacant on date.  It may also be noted that on one hand the Government is not willing to fill up these vacant posts and on the other  bend up on to reduce the posts further by issuing periodical orders.

 In order to justify the non filling of these posts, it is being spread that the Government is compelled to do all these to reduce the establishment expenses. People do not know the factual position of establishment charges of Central Government tend to argue in favour of the reduction. In this respect, the percentage of expenditure of pay and allowances of Civilian Government employees including the employees of the Union Territories as a percentage to revenue receipt and expenditure is given below:
Year
%age in accordance with revenue receipt
%age in accordance with revenue expenditure
1999-2000
18.7
13.6
2012-13
9.09
6.75
 The above figures exhibit the hollowness of the arguments of over expenses towards the pay and allowances of Central Government employees. And then why the Government is inclined to reduce the strength of Central Government Civilian Offices. It is to be read with the decisions of raising of FDI cap of defense sector from 26% to 49% and 100% FDI in Railways, Corporatization of the Postal Service, abolition of Planning Commission, etc. Moreover, Government is going ahead with close down or privatizing various other Central Government Departments including Printing Presses, Publication, Stationary and form offices and Medical Store Depots.

 Thus in order to make the takeover by the private sector more profitable, contractorisation of the work force and amendments of labour laws etc are essential. Out of the 3084530 posts as the total working strength of civilian employees in India, around 28.5 lakhs are Group C & D posts. Thus Government may be planning to contractorise these regular posts for the smooth privatization of the Government Sector. Reduction of retirement age, ban on direct recruitment, introduction of six days week etc are part and parcel of the policy. 

Clarification regarding reduction of retirement age and impact of the Nation Convention of Central Government Employees at Delhi:

But all of a sudden Government has come out with clarification that they have no intention to reduce the retirement age of Central Government Employees. Somebody termed it as a decision taken in view of the impending Delhi Election. But the impact of the National Convention of Central Government Employees at Delhi on the temporary change of decision on reduction of retirement age cannot be ruled out. The convention conducted on 11th December 2014 attending more than 800 delegates from all Central Government Departments, including Railway and Defence has decided to organize various programmes of action culminating indefinite strike for the demands unsettled for several years. A ten point charter of demands, including the demand for filling up all vacant posts, stop privatization and contractorisation, merger of DA, Grant of Interim Relief, inclusion of Grameen Dak Sewaks within the ambit of the 7th CPC etc., has been adopted. 

However, this did not affect the decision of FDI in Defence, Railway and Insurance Sector and closing of various Central Government Offices; the Government is going ahead with their programme. And in order to dilute the natural reaction of the employees & working class, enormous rumors viz. introduction of 6 days week, 58 years and issues affecting their community and belief are being spread to get the issues affecting the common people individualized. Working class especially the Government employees should realize that this is not only attacks on them but this is attack on poor & middle class people of this country who are looking forward for better education, health, employment and thereby better life as well.  Thus the Government employees are duty bond to educate their fellow workers how deep the attack is and how to organize the entirety of Central Government Employees for the indefinite strike called by the National Convention of the Central Government Employees in its own importance and without doing these basic works a reversal of the policies of the Government cannot be expected.

TKR Pillai, General Secretary

Wednesday, December 24, 2014

Monday, December 22, 2014

CAN’T RECOVER EXCESS SALARY PAID TO CLASS III, IV STAFF
SUPREME COURT
Press News by TOI

NEW DELHI: Recovery of excess amount paid to Class-III and Class-IV employees due to employer's mistake is not permissible in law, the Supreme Court has ruled saying that it would cause extremely harsh consequences to them who are totally dependent on their wages to run their family.

The apex court said employees of lower rung service spend their entire earning in the upkeep and welfare of their family, and if such excess payment is allowed to be recovered from them, it would cause them far more hardship, than the reciprocal gains to the employer.

A bench of JS Khehar and Arun Mishra also directed that an employer cannot recover excess amount in case of a retired employee or one who is to retire within one year and where recovery process is initiated five years after excess payment.

"We are therefore satisfied in concluding, that such recovery from employees belonging to the lower rungs (i.e., Class-III and Class-IV - sometimes denoted as Group 'C' and Group 'D') of service, should not be subjected to the ordeal of any recovery, even though they were beneficiaries of receiving higher emoluments, than were due to them. Such recovery would be iniquitous and arbitrary and therefore would also breach the mandate contained in Article 14 of the Constitution," Justice Khehar, who wrote the judgment said.

It said that the employer's right to recover has to compared, with the effect of the recovery on the concerned employee and if the effect of the recovery from the employee would be, more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer, which would then make it iniquitous and arbitrary, to effect the recovery.

"In such a situation, the employee's right would outbalance, and therefore eclipse, the right of the employer to recover," the bench said.

The bench passed the order on a petition filed by Punjab government challenging Punjab and Haryana high court order restraining it to recover the excess amount paid by mistake to numerous employees over the years.

It said we may, as a ready reference, summarize the following few situations, wherein recoveries by the employers, would be impermissible in law:

(i) Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service).

(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.

(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.

(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.

(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover.

The court said a government employee is primarily dependent on his wages, and such deduction from salary should not be allowed which would make it difficult for the employee to provide for the needs of his family and any recovery must be done within five years.

In this case, the employees were given monetary benefits in excess of their entitlement due to a mistake committed by a concerned competent authority, in determining the emoluments payable to them.