OUR REPLY

ALL INDIA ASSOCIATION OF ADMINISTRATIVE STAFF (NON GAZETTED)

MINISTRY OF STATISTICS & PROGRAMME IMPLEMENTATION

GOVERNMENT ON INDIA

Web Site: www.aiamshq.blogspot.com

e-mail: aiams06@yahoo.co.in

NSSO (DPD),164, G.L.T. Road,

Dated 23/03/2012

To

The Director (Admn),
Ministry of Statistics & Programme Implementation,
Sardar Patel Bhawan,
Sansad Marg,
New Delhi-110001

Kind Attention: Shri K.K. Roy, Under Secretary

Sub: De-Recognition of All India Association of Ministerial Staff (Group C) Regarding.
Ref: Ministry of Statistics & Programme Implementation Letter B-20011/2/2009-Ad.III dated 1.2.2012.

Dear Sir,

As directed we held the General Body meeting of the Association at Mumbai on 15-16 September, 2011. The General Body considered all aspects of the directive of the Ministry including the guidelines issued by the Department of Personnel on classification of posts by virtue of which the posts/cadres carrying grade pay of Rs. 4200 and above have been notified as Group B Non Gazetted Ministerial. The General Body has directed to present the following factual position emerging from the extant rules and instructions issued by the DOPT in the matter of recognition of Service Associations.

As per the provisions of the CCS (RSA) Rules, 1993 the employees who are in various cadres but have commonality of interest can form united Associations. In order to ensure that the term “commonality of interest” is not open varied interpretation, the concerned departments had been asked to notify the cadres which have commonality of interest at the outset itself and the employees informed of it by a proper notification. Once the composition is decided and notified, they are not to be changed later as it will have destabilising effect on the functioning of the service Associations. Once the composition is decided and notified they are not to be changed later as it will have destabilising effect on the functioning of the Associations.

The formation of Associations on the basis of cadres was questioned by the Staff Side of the National Council JCM in a meeting chaired by the Secretary Personnel immediately after the promulgation of the Recognition rules in 1993. The staff side rightly felt that the said stipulation would, if adhered to will result in the fragmentation of organisations. The issue was also contested before the Honourable High Court of Delhi by some organisations. The Government in its counter affidavit averred that it was not their intention to disrupt the existing organisations nor do they encourage cadre-wise and category-wise Associations. They also assured of a discussion in the matter and arrive at mutually agreeable propositions. Accordingly, the apprehension of the staff side was discussed at the meeting chaired by the Secretary Personnel and instructions were issued to all Departments that categories/cadres which have commonality of interest must be notified by the Departments prior to obtaining applications from the Associations for recognition. It was also clarified that the notification once issued indicating the cadres which have commonality of interest should not be either revised or changed unless all concerned consents to such changes. In other words, the consensus arrived at the meeting were to the effect that:

(a) Composition of cadres once notified will not be changed;
(b) The composition of the existing unions/Associations will not be asked to be changed;
(c) Recognition of Associations and participation in the JCM scheme are two distinct features and would be governed by different rules viz. The CCS (RSA) Rules in so far as recognition matters are concerned and the Joint indent signed by the Govt and Associations in so far as participation in the JCM is concerned.

It was on the basis of this settlement, the case before the Honourable High Court was disposed of.

The Ministry of Statistics & Programme implementation which has jurisdiction over the offices of NSSO, CSO IS Wing & Computer Centre had issued a notification permitting the following cadres to form a single Association.

(a) Erstwhile Accountant/Assistant;
(b) Junior Translator;
(c) UDC;
(d) LDC and
(e) all other Group C Admn Staff

Accordingly the All India Association of Ministerial Staff (Group C), Ministry of Statistics & Programme Implementation was formed and the formalities connected with the grant of recognition were adhered to and the recognition was afforded by the Department of Statistics in the year 1998. It could thus be seen that the Assistants were entitled to be members of the Association and they cannot be excluded now by revising the earlier notification as it would adversely affect the very functioning of the Association.

As per the extant rules and instructions of the JCM scheme, only Group C and D employees are entitled to participate in various council in so far as subordinate offices are concerned. However, in the case of Central Secretariat, the Assistants who were even at the formation of JCM were Group B officials and the Section Officers who were Group B Gazetted officers were permitted to participate in the JCM as a special case as it was construed unlike in the case of subordinate offices, that they do not discharge any managerial functions. The Group B officers who were gazetted officers in the subordinate officers were not allowed to take part in the JCM as they are supposed to discharge functions which are of executive or managerial in nature. There had been no classification as Group B non gazetted Ministerial in subordinate offices.

The present guidelines of the DOPT classifying all cadres with the grade pay of Rs. 4200 and above as Group B and the creation of a cadre of Group B Non gazetted Ministerial in the subordinate offices has resulted in the exclusion of a vital section of employees from the ambit of JCM. The matter has been taken up by the Staff Side in the National Council JCM and is pending decisions there. The purpose of excluding the Group B officers from the ambit of JCM at the beginning was on the consideration of the fact that in subordinate offices they were holding position at the Middle level managerial/supervisory positions. Those who are included in the category of Group B Non gazetted Ministerial are neither in supervisory levels nor have any managerial functions. Even if such exclusion purely on technical grounds is to be enforced, we are to bring to your kind notice that it could be done so legally only after effecting necessary changes in the recruitment rules of the concerned cadre. The recruitment rules cannot be amended by executive instructions and far less by a guideline circular issued by the Department of Personnel and Training. The recruitment rules of Assistants in our department, even of date indicate that it is a Group C post. Therefore, the directive issued by the Department is not tenable, so long as the recruitment rules are not amended. For the amendment of the recruitment rules also the concerned Association has to be taken into confidence which has not been done as far as the changing of the recruitment rule of the Assistant in the NSSO Offices is concerned. The Department as mentioned earlier, cannot unilaterally amend the earlier classification of cadre composition for the purpose of Recognition of Service Associations as it would amount to wanton destabilisation of the existing Unions and Associations, which are recognised after proper verification and adherence to the conditions laid down under the CCS(RSA) Rules, 1993.

In the circumstances, the General Body meeting has directed me to request you

(a) To allow the existing structure and composition of the Association for the elaborate reasons mentioned in the foregoing paragraphs;

(b) To permit Shri T.K.R. Pillai, who has been democratically elected as General Secretary to function in that capacity as denial thereof will amount of subversion of the democratic process and legitimate functioning of the Association

(c) In so far as participation in the JCM meetings are concerned, the Department must wait for the final outcome of the agenda item introduced by the Staff Side in the National Council JCM in the matter and allow Shri T.K.R. Pillai General Secretary or any of the nominee suggested by the Association to be the members of the Staff Side of the Departmental Council JCM for the recruitment rules of Assistants are still to be amended.

Thanking you,

Yours faithfully,

(N. Basu)

Assistant General Secretary

DEPARTMENT LETTER

Most In-rrnediate

B-20011/2/2009-Ad.III

Government of India

Ministry of Statistics & P.I.

Sardar Patel Bhavan. Sansad Marg.

New Delhi -110001.Dated 1.2.2012.

To

Shri N. Basu, Joint Secretary,
All India Association of Ministerial Staff (Group C),
Mahalonobis Bhawan, 164, GLT Road,
Kolkata-700108


Sub:- De-recognition of All India Association of Ministerial Staff (Group C)-Reg

Sir,

I am directed to refer your letter dated 22.12.2012 on the subject mentioned above and to say that this Ministry vide its letter No. B-12011/4/2009-Ad.III dated 29/10/2009(copy enclosed) had defined distinct category of employees for the purpose of recognition of staff Associations in terms of CCS (Recognition of Service Association) Rules 1993. ‘Ministerial Staff Group ‘C’ has been defined as one of the distinct category covering all group ‘C’ posts in the Ministerial Staff. Since the post of Assistant is a Group ‘B’ post, they therefore cannot be allowed to become members of a group ‘C’ Association in terms of above mentioned letter of the Ministry. Similarly Group ‘C’ staff can also not be allowed to become members of Group ‘B’ Association in terms of these instructions. This Ministry’s letter dated 29/10/2009 has also defined Ministerial Staff Group ‘B’ covering all Group ‘B’ posts in the Ministerial Staff as another distinct category. Therefore, all group ‘B’ employees, including Assistants, may form a separate Association under that category. Therefore it would not be possible to accept the request for including Assistants, who falls under Group ‘B’ category, as members of group ‘C’ Association in terms of this Ministry’s letter dated 29/10/2009.

1. In view of above, you are requested to submit all documents i.e. verified list of members, list of office bearers, a copy of Constitution, if there is any amendment in it as per this Ministry’s order dated 29/10/2009 for the recognition of the Association.

Encl: As above

Yours faithfully

Sd/

(S.K. Roy)

Under Secretary to the Government of India

Tel. No. 23364008

Copy to for information:-

1. Deputy Director, Field Operations Division, NSSO, Block No. 6, Level 4-7, R.K. Puram, New Delhi.
2. DDG, DPD, 164, GLT Road, Mahalonobis Bhawan, Kolkata 700108.