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Upgradation of Grade Pay of LDC/UDC: Date of next hearing is 01/04/2020.

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Saturday, March 19, 2011

MACP sub committee meeting minutes
CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYES AND WORKERS.
Manishinath Bhawan,A/2/95 Rajouri Garden, New Delhi. 110 027
Website:confederationhq. Blogspot. Com.
E mail" confederation06@yahoo.co.in.

Dear Comrade,

The subcommittee constituted by the National Anomaly Committee to go into the anomalies in respect of MACP issues met at New Delhi on 15th Inst. Com. S.K.Vyas, President, Confederation attended the meeting as a member. The following is the outcome of discussion at the meeting.
With greetings,
Yours fraternally,

Sd/-
K.K.N. Kutty
Secretary General

Given below is the Record note on the meeting of Joint Committee on MACP held on 15.03.2011. The third meeting of joint committee on MACP was held today i.e 15.03.2011. This meeting was held at the specific request by the Secretary Staff Side, National Council JCM to review the decision taken in the earlier meetings in which all items had been discussed.
Item Nos. 1,3,8,9 and 29: Grant of financial up-gradation in the promotional hierarchy instead of grade pay hierarchy under MACP Scheme

The Staff Side pressed this demand on the ground that the ACP 1999 had become a service condition in respect of all those who were in service as on 31st August 2008. The MACP Scheme being less advantageous could not be imposed upon them. They stated that to resolve this anomaly, the first 2 ACPs may be continued in the promotional hierarchy to be granted after 12 and 24 years of service from the date of induction, the third ACP on completion of 30 years service may be in the grade pay hierarchy. The official Side did not agree with this proposal. The Staff Side then pointed out that the introduction of MACP Scheme in grade pay hierarchy 10, 20, 30 years of service from the date of induction will result that certain cadres would be placed in the grade pay which are not sanctioned in the structure of the departments and therefore it can not be treated as career progression at all. The official Side wanted the particulars of those cadres which are going to face this problem, so that they could consider how to overcome such anomalies. The Staff Side agreed to provide the necessary information and departments concerned may also be asked to provide such information.

Item Nos. 2, 10 and 48:
The Staff Side also pressed for introducing MACP Scheme with effect from 1.1.2006 so that those who did not get any benefit under old ACP could atleast get the MACP scheme benefit before their retirement during the period from 1.1.2006 to 31.8.2008. The Official Side stated that this item has been closed and concluded and can not be allowed to be opened / reviewed. The Staff Side then stated that they would like to raise this issue in the meeting of National Anomaly Committee as the joint Committee on MACP Scheme is sub committee of the National Anomaly Committee. The Official Side stated that this may be raised as afresh item in the National Anomaly Committee.

The Staff Side also wanted that the option to choose ACP or MACP should be given to the individual employees and not the Department. The Official Side also did not agree to reopen this issue which has been concluded in the last meeting.

Item No. 57: Ignoring the placement of Artisans of Ministry of Defence from HS grade II to HS grade I for the purpose of MACP Scheme.

The Staff Side pointed out that this restructuring by keeping 50% of Artisans in the HS grade I and placing 50% in the HS grade II was by way of placement and therefore it could not be treated as promotion. The Staff Side cited Supreme Court ruling to this effect. However the Official Side did not agree with this. The case of restructuring in IA & AD in 1984 and in organized accounts were also cited in which it was clearly stated that those who are in the higher grade would be treated as placement only those who are promoted later on against vacancies would be treated as promotion. The official Side view was that only in those cases where the entire cadre is placed in the higher pay scale it would not be treated as promotion. This matter will also have to be raised in the meeting of National Anomaly Committee.

Items Nos. 11, 15, 22, 39, 47 and 51: Promotion in identical Grade Pay.

The decision that the normal promotions are in the same grade pay, they cannot be ignored for purpose off MACP Scheme and the specific cases would be examined separately.

Item Nos. 12, 30 and 49: Employees appointed limited competitive examination from lower to higher post may treated as direct recruits in the higher post ignoring the service in the lower posts.

The matter is still being considered with reference to old ACP scheme clarification.

Item Nos. 13, 32, 38, 44, 50 and 58: Counting of old service in the new establishments for the purpose off MACP. And Item Nos. 21, 27, and 28: Benchmark for financial up gradation under MACP.

Orders have been issued on 1.11.2010.

It was agreed that action taken statement would be finalized and circulated so that further discussion thereon can take place in the meeting of National Anomaly Committee.

Sunday, March 13, 2011

ALL INDIA ASSOCIATION OF MINISTERIAL STAFF (GROUP C)
MINISTRY OF STATISTICS & PROGRAMME IMPLEMENTATION
GOVERNMENT ON INDIA
Web
Site: www.aiamshq.blogspot.com
e-mail: aiams06@yahoo.co.in

Hall No. 201 & 205, Vijay Stambh,
Zone I, Maharana Pratap Nagar,
Bhopal, dated 3/3/2011

Dear friends,

I hope, Association calendar for the year 2011, sent through post might have been received by you. A letter containing the latest position of the demands submitted had also been sent along with the calendar. Through this letter we intended to discuss the details of demands put up by us and the posture adopted by the administration on granting member ship to Assistants in the NSSO Offices as well.

Non deduction of Subscription of Assistant:

You are aware that all Ministries except Ministry of Statistics & Programme Implementation (MoS&PI) of the Government had allowed all Non-Gazetted Staff to remain members of the Associations, working under JCM Scheme. Income Tax Inspectors with 4600/ grade pay are members of the Association recognized under JCM Scheme. The Post Masters & Senior Post Masters in the Department of Post with grade pay Rs. 4200 & 4600 are part of JCM Scheme. It has come to know that in Railways, posts with grade pay 6600 have been allowed to function in the JCM Scheme. But NSSO (FOD) has continuously been asking the Association that the Assistants with grade pay 4200 are Group B and as such they are not part of our Association. In its latest efforts, FOD has written a letter to the Joint Secretary of the Association, advising him to make change in the office bearers and membership of the Association (Letter enclosed in annexure A). In reply Joint Secretary has stated that Shri TKR Pillai is still General Secretary of the Association and requested the FOD to allow him to continue till next General Body Meeting, likely to be held in the month of June 2011(Copy enclosed in annexure B). Prior to this, Confederation of Central Government Employees & Workers, New Delhi had written a letter to the Secretary, MoS & PI wherein it was requested to allow the present General Secretary to function till next General Body Meeting (Copy enclosed in annexure C).

Meanwhile, I met the Director (Admn) in the Ministry of Statistics & P.I. on 23rd February 2011 and requested him to allow me to convene the Next General Body Meeting of the Association. In this respect a formal letter addressed to the Secretary, Ministry of Statistics & Programme Implementation is being sent.

Since the post Assistant is an integral part of the Ministerial Staff and in order to keep the Assistants in the Association fold we have to change the present constitution. We are receiving views in favour of change of constitution from units also. Recently, a meeting of the Ministerial Staff, attended the Administrative Training at Zonal Office Lucknow has been conducted. The meeting unanimously resolved to change the name of the Association so that Assistants can also be accommodated in it(resolution passed in the meeting is enclosed in annexure D). Thus we are intending to change the name of our Association as All India Association of Administrative Staff (Non Gazetted) and the draft constitution will be placed in our website shortly.

Meanwhile Confederation of Central Government Employees & Workers has demanded the continuation of all cadres which were part of JCM scheme prior to 6th Pay Commission, in the JCM scheme; the resolution passed in this effect in the National Council held in the Mumbai has been sent to DoPT. It has come to know that the DoPT is considering the demand positively. Shri KKN Kutty, Secretary General, Confederation has put up the problems faced our Association to DoPT and sought the continuation of statues quo till a final decision is taken on the subject.

Cadre restructuring proposal, sent to the Ministry

Due to our relentless efforts, a proposal for restructuring of the posts of Assistant, OS, AO & Senior AO has, reportedly, been sent to the Ministry by the FOD. According to which, in place of 58 OS (5500-9000 pre-revised scale) & 15 AO (Rs. 6500-10500 pre-revised scale), creation of 67 posts of AO with Rs. 4800 grade pay has been proposed. The number of posts of Assistant will be increased to 95 from the present 65. Since the proposal of creation of AO contains the provision of automatic upgradation of the grade pay to 5400 on completion of 4 years, no posts of senior AO is proposed. And in place 13 posts of Deputy Director Administration is proposed. Now we have to ensure that these DD posts are filled up by promotion of Ministerial Staff only and according to which recruitment rules are framed.

As has said in our earlier circulars, DPD/SDRD has already sent their proposal for restructuring of theses posts to the Ministry. Also, DPD/SDRD units of our Association have been supporting us in the fight for early finalization of cadre restructuring proposal of the FOD.

Upgradation of the Grade pay of the LDC & UDC:

Association is pursuing the matter for the last one year. The letter sent to the Hon’ble Prime Minister by our Association has been discussed widely. The letters posted in our web site has been published in the pages of several of the popular web sites, related to Government Employees. I think our proposal for the merger and upgradation of the LDC &UDC is the most discussed item ever. Hundreds of persons have posted their comments in various web sites which published the item. Thus our web site become popular as regards the issues of Central & State Government Employees are concerned. Meanwhile, DoPT has admitted that a separate anomaly committee has been constituted to decide the upgradation of the grade pay of the LDC & UDC the letter has already been posted in our web site. On the other hand Government has sent a proposal to the Ministry of Finance for the upgradation of the grade pay of the UDCs of Central Secretariat, who have completed 4 years service, to Rs. 4200/. This decision should be made applicable to us also. Thus the upgradation of the post of UDC to Rs. 4200/ grade pay after 4 years will be added in our demands.

Since ours is the only Association representing the Ministerial Staff affiliated to the Confederation, we have taken up the issues related to these cadres in the Confederation platform. You might have gone through the minutes of the National Council meeting of the Confederation, held at Mumbai on 1st December 2010 wherein the undersigned in the capacity as the National Organising Secretary of the Confederation had raised the issues of LDC & UDC. The extract of the Minutes of the said meeting related to the LDC & UDC are given below:

“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 atleast Rs. 2800/- if such whole scale up-gradation in any department is considered infeasible”.

Need of enrollment of MTS as members of our Association:

It is reiterated that our Association has been fighting for the right of the staff, which can be seen from the achievements made us for the last 15 years. Our aim is to organize all Non-Gazetted Administrative staff in a single platform. Since the erstwhile group D staff has been brought under group C fold, we have to bring them also into our Association to strengthen the fight for the genuine demands of them also. Division of the strength of the administrative staff in various Associations will only benefit the Administration. Even though, some individuals in the erstwhile group D Association is trying to misguide the MTS and propagating lies against us. Our units/members should educate the MTS in their respective units how their joining our Association fetch benefit them. Thus all unit Secretaries/members of the Association are again 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 in the month of April itself. A copy of the Individual Consents along with Annexure A may please be forwarded to the Association Hqrs.

Considering combined seniority of the LDC & UDC for promotion to the post of Assistant

As you know posts of Assistants with Rs. 4200 grade pay are lying vacant in large numbers for non availability of UDCs completed 10 years on the post. But in NSSO Offices normally 15-18 years take to get an LDC promoted to the post of UDC. Thus Association demanded combined seniority of LDC & UDC for the appointment to the post of Assistants. FOD has orally assured us to consider the matter; but no action has seemingly been taken so far. On the other hand, if the Government considers our demand for the upgradation of the grade pay of LDC & UDC to Rs. 2800 the qualifying period for the promotion to Assistant will automatically be come down.

Granting of honorarium to Ministerial staff for imparting training to group C (MTS).

A proposal had already been put up to the Administration for the demand. But so far we have not received any reply. The matter will be raised again so that honorarium may be granted to the Ministerial Staff whom have been deputed to train the erstwhile group D staff by the FOD, in writing.

Elapse of the time period of Recognition of the Association

The period of the recognition to the Association issued by the Ministry of Statistics & Programme Implementation will elapse on 18th March 2011. Some of our members had asked us to ensure its renewal before 18th march. But MoS&PI has not issued recognition to any of the Associations after the regrouping of the cadres in view of the renaming of the existing group D to group C by the Pay Commission. For which, firstly they have to identify the groups which are to be considered for JCM scheme. In the wake of the DoPT order dated 9/4/2009, MoS&PI had decided to exempt the cadres with 4200 grade pay from the JCM scheme; but the decision was challenged by our Association. Confederation had taken up the issue with DoPT and the same is being considered positively by the DoPT. On the other hand it has come to know that the membership submitted by the MTS to the MoS&PI is less than the minimum required numbers for getting recognition. And that may be the reason for the propoganda unlesh continuously against us and trying to convince the Ministerial staff that Assistants are not qualified for membership in the Association. But Ministerial staff can not be the victims of the false propaganda and the entire units of the Association have the opinion to continue the present General Secretary till next General Body Meeting. The recognition given by the members is more important than the recognition given by the Administration. Since ours is the number one Association in the non Gazetted group, Ministry has to consider our recognition first and I am sure that the decision will be taken accordingly. Our only duty is to keep our unity intact.

Friends; writing a letter to the Joint Secretary of the Association by the FOD indicates the volume of interest FOD has in the change of the leadership of our Association. But the DPD & SDRD unit where the Joint Secretary is posted has given a fitting reply to FOD. FOD Units are also not willing to support any movement that destabilizes the Association. Several of the FOD units asked me to continue the post till the next General Body Meeting, likely to be held in the month of June 2011. In the mean time one ex-member of our Association, posted in Bhopal with an intention to help the anti-association forces to remove the incumbent General Secretary, had circulated a letter to the Units which the entire units unanimously rejected and asked me to not bother from such evil activities. However, the fact and figures will be put up before the next General Body Meeting.

With warm regards
Yours Sincerely

(TKR Pillai)
General Secretary


Annexure A

No. B-12017/1/2008-JCM
Government of India
Ministry of Statistics & Programme Implementation
National Sample Survey Office
(Field Operations Division)

East Block No. 6, Level 4-7,
R.K. Puram, New Delhi-110066
Dated 19/01/2011

To

Shri Nirmalendu Basu,
Joint Secretary,
All India Association of Ministerial Staff (Group ‘C’)
MoS & PI, DPD,
Mahalonobis Bhawan,
164, GLT Road, Kolkata

Sir,

I am to invite a reference to Ministry’s O.M. No. B-12011/2/2008-Ad. III dated 10/12/2010 (copy enclosed) and to say that the MOS&PI vide its O.M. dated 29.10.2009 has defined revised categories of employees for the purpose of fresh Recognition of an Association under CCS(RSA) Rules, 1993, as a result of implementation of the recommendations of the 6th CPC and also due to DOP&T order dated 09.04.2009, reclassifying some of the posts which were earlier group ‘C’ now Group ‘B’ and Group ‘D’ posts now upgraded to Group ‘C’. Further, the Ministry has also intimated that as per JCM Scheme, Group ‘B’ officials are not eligible for JCM Scheme and it is also advised to make changes in the office bearers and membership accordingly, as per Ministry’s letter dated 20.10.2009.

Yours faithfully

Encl: As above
Sd/
(V.K. SILJO)
DEPUTY DIRECTOR

Copy to:
1. Smt. Yashodhara Vijayan, Under Secretary to the Government of India, MOS&PI w.r.f. Ministry’s letter No. B-12011/2/2008-Admn.III dated 10.12.2010 for information.
2. Shri TKR Pillai, Assistant, NSSO (FOD), Bhopal for information and necessary action.
3. Shri Umed Singh, President, All India Association of Ministerial Staff (Group C) MOS&PI, Hqrs. Office, New Delhi for information and necessary action.

Sd/
(V.K. SILJO)
DEPUTY DIRECTOR


Annexure B

ALL INDIA ASSOCIATION OF MINISTERIAL STAFF (Gr. C)
MINISTRY OF STATISTICS & P.I., GOVERNMENT OF INDIA

N.Basu,
Jt. Secretary
164, GLT Road, Kolkata-700108
Phone: 0335771128

Ref. No. AIAMS(Gr. C)/DPD/Kol/10-11 dated 14th February 2011.

To

The Director (Admn),
NSSO(FOD),
East Block No. 6, Level 4-7,
R.K. Puram,
New Delhi-110066

Kind Attn.: Mr. V.K. Siljo, Deputy Director.

Sub: Recognition of Association under CCS (RSA) Rules 1993, as a result of implementation of recommendations of the 6th CPC and DOPT order-Reg:

Respected Sir,

As per your letter No. B-12017/1/2009-JCM dated 19.01.2011, regarding definition of revised categories of employees for the purpose of fresh recognition of an Association under CCS (RSA) Rules 1993, as a result of implementation of the recommendations of the 6th CPC and also due to DOPT order dated 9.4.2009, reclassifying some of the posts as Gr. B which were earlier Gr. C. It is to be stated that so long the recruitment rules for the posts of Assistants in the NSSO Offices are promulgated; the Assistants in the Department may not be legally classified as Group B. As such, I am earnestly requesting you to be kind enough to allow Mr. TKR Pillai, our General Secretary to continue the charge as General Secretary of AIAMS(Gr. C) till the next biennial General Body Meeting 2011 (usually held in the 3rd week of June) or amendment of recruitment rules whichever is earlier.

Apart from this, Staff Side, National JCM has already taken up the issue of classification and its impact on the recognition rules with the DOPT.

In the light of the above, we would request you to kindly issue necessary direction to the concerned that the Status quo may be maintained till the amendment to the recruitment rules are notified or someone is elected as the General Secretary at the next General Body Meeting.

Thank you,

Yours faithfully

Sd/
(N. Basu)
Jt. Secretary

Copy to:

Shri TKR Pillai, G.S.


Annexure C

CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS
A-2/95, Manishinath Bhawan, Rajouri Garden, New Delhi-110027
Website:www.confederationhq.blogspot.com. Email:Confederation06@yahoo.co.in
Tel:011-25105324: Mobile:9811048303

D/16/2011 dated 6/1/2011

To

The Secretary
Ministry of Statistics & Programme Implementation
Sardar Patel Bhawan
New Delhi-11001

Sub: De-recognition of service Association –Reg:
Ref: O.M. No. B-12011/1/2008-Ad.III dated 10.12.10 addressed to TKR Pillai, General
Secretary, All India Association of Ministerial Staff (Group C), NSSO (FOD), Bhopal.

Sir,

Our attention has been drawn to the stand taken by the Ministry that the existing All India Association of Ministerial Staff (Group C), NSSO (FOD) Bhopal has to be bifurcated into Ministerial Staff Group B and Ministerial Staff Group C following guidelines on classification issued by the DOPT.

In this connection it is to be stated that so long as the recruitment rules are not changed, the classification of the post of Assistant with grade Pay 4200 would continue to be group ‘C’. Until the revised recruitment rules for the post of Assistant NSSO (FOD) are promulgated, the Assistants in the Department may not be legally classified as Group B. This is more because of the fact that no rules promulgated under Article 309 of the Constitution could be altered by executive fiats. As such the General Secretary of the All India Association of Ministerial Staff (Gr. C), NSSO (FOD), Bhopal has to be allowed to function as General Secretary till the next conference is held and someone elected as General Secretary or the recruitment rules are amended whichever is earlier. This apart the Staff side has already taken up the issue of classification and its impact on the recognition rules with the Department of Personal.

We, therefore, request you to kindly issue necessary direction to the concerned that the Status quo may be maintained till the amendment to the recruitment rules are notified or some one is elected as the General Secretary at the next conference.

Thanking you,

Yours faithfully

Sd/
KKN Kutty
Secretary General

Copy to: Com. TKR Pillai, Gl. Secretary, All India Association of Ministerial Staff (Gr C), NSSO(FOD), Bhopal.