JCM NATIONAL COUNCIL STAFF SIDE MEETING ON 12.10.2014 TO DISCUSS AND FINALISE FUTURE COURSE OF ACTION ON MAJOR DEMANDS OF CENTRAL GOVERNMENT EMPLOYEES

LETTER FROM SECRETARY, JCM NC STAFF SIDE

No.NC-JCM-2014/S.C.                                                                         September 18, 2014

Shri M. Krishnan,

Member National Council – JCM

Dear Com.

In view of the Government of India’s in different attitude in the major issues viz Merger of Dearness – Allowance, Payment of Interim Relief and date of effect of Recommendations of 7th CPC i.e. from 1.1.2014, an URGENT MEETING of the Staff Side of JCM, (National Council) shall be held at 12.00 hrs on 12.10.2014 in the Staff Side office 13-C, Ferozshah Road New Delhi – 110001, to discuss and finalize future course of action.

All of you are requested to make it convenient to attend the meeting.

With greetings,

Yours fraternally,

Sd/

(Shiva Gopal Mishra)

Secretary

THIS ASSOCIATION HAS ALREADY SENT FOUR AGENDA ITEM TO THE SECRETARY GENERAL CONFEDERATION FOR INCLUSION OF THE SAME IN THE NATIONAL COUNCIL MEETING, WHICH IS GIVEN BELOW:

ITEM -I       Restoration of the categories identified for granting recognition under CCS (RSA) Rules 1993 prior to 1.1.2006.

All India Association of Ministerial Staff (Group C), in which Administrative Staff up to Assistant were identified as a distinct category for recognition under CCS (RSA) Rules 1993 by the Ministry of Statistics & Programme Implementation (MoS&PI) and the Association was recognized in the year 1998. But in the year 2010, MoS&PI has re-identified the already identified categories as given above without consulting this Association and the Assistants has been rendered out of the coverage of JCM on account of revised classification of the Department of Personal and revision of pay scales. And this Association has been informed that the Assistants are not eligible to continue as member of the Association functioning under JCM and asked to reorganize the Association exempting the Assistants. Since the under signed has been functioning as General Secretary of the Association since 1993 and working as Assistant in NSSO Office, our Association has been de-recognized. Thus this Association is functioning without recognition for the last 4 years.

But this rule has not been implemented in larger Departments/Associations, where it has seen that categories up to Rs. 4600, 4800 have been allowed under JCM Scheme or allowed to continue the existing structure.

If we allowed continue the present policy representation of several categories especially the Administrative Staff will not be there in the JCM in the coming days.

Thus it is requested that all categories and cadres of employees who were covered during the identification of the categories for recognition of the Association should be restored till a final decision on the matter is come up. DoPT may be requested to issue an order in this effect immediately.

ITEM-II      Grant of Rs. 2400 & Rs. 2800 Grade Pay respectively to LDC & UDC in Central Government offices

In order to remove disparity of the pay structure of the LDC & UDC, a request was sent to the DoPT by our Association and the DoPT termed the case related to anomaly and sent to the JCA for disposal vide letter No. DoP&T I.D. No. 25/2/2013-CS.II (B) dated 13/08/2013. JCA returned the case to DoPT directing them to consider the case at their level in consultation with Ministry of Finance vide letter No. 11/3/2013-JCA (Pt.)dated 14^th August 2013. Finaly, Ministry of Finance vide OM No 58 (2)/E. III (B)/2014 dated 12^th November 2013 has directed the Ministries/Associations for sending proposals in this effect to the Ministry of Finance through FA, DoPT for consideration.  But according to our information, none of the Departments has sent proposal for upgradation of Grade Pay of LDC/UDC to DoPT because the directions contained in the aforesaid 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 6^th CPC. Thus the LDC issue should be discussed as an agenda item in the National JCM

               

LDC & DEO The pay scale of Data Entry Operator (DEO) during 5^th 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 6^th CPC was 12^th 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 this Association for the last 2 years and filed a case in the Jabalpur CAT, 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.

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.

LDC & Postman: The postman in postal Department with matriculation has been granted Rs. 2000/ Grade pay by the 6^th Pay Commission. During the 3^rd & 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 8^th 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.

LDC & Police Constable: The Police Constable with matriculation has been granted Rs. 2000/ Grade pay by the 6^th Pay Commission. During the 3^rd & 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 8^th Standard.

Notice Server of Income Tax The Notice Server of Income Tax was also Group D officials during 3^rd and 4^th 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 5^th CPC. And 6^th 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)

And the Grade Pay of UDC may be upgraded to Rs. 2800/ w.e.f. 01/01/2006. It is worth to mention here that Ministry of Defence with the concurrence of Ministry of Finance has granted Rs. 2800/ its UDCs vide letter No A 26576/CPC/CLERKS/OS-20/2668/D(O-II)/2011 dated 23^rd Sept 2013.

 ITEM-III     Grant of MACP on promotional hierarchy on the basis of enormous judgement delivered in favour.

CAT Chandigarh while disposing the OA No. 1038/CH/2010-Raj Pal Vs UOI & Ors has ordered to grant MACP on promotional hierarchy to Shri Raj Pal Photo copy operator of CAT Chandigarh, and the decision was upheld by the High Court Chandigarh (CWP No. 19387/2011) and Supreme Court (SLP No. 7467/2013) by dismissing the SLP filed by the Government and DoPT has ordered to grant MACP on promotional hierarchy to Shri Raj Pal.

Thereafter, while disposing OA No. 904/2012 Shri Sanjay Kumar & Ors Vs GOI, CAT Principle Bench has ordered to grant MACP on promotional hierarchy to the applicants. While delivering judgment on another case i.e. Om Prakash & Ors Vs Secretary (NCERT) & Ors (OA No. 864/2014) the court has observed that “In our considered view, once an order has been passed by this Tribunal and it has also been upheld at the level of the Supreme Court, there is no question of waiting for an approval from any Govt. department for implementation of the same. The respondents, therefore, should have considered the representations of the applicants on merits”. And passed order that “In view of the above position, we dispose of this OA at the admission stage itself with the direction to the respondents to consider the representations of the applicants in the light of the judgment of Punjab and Haryana High Court in CWP No.19387/2011 (supra) as upheld by the Apex Court in SLP (CC) No.7467/2013(supra) and decide their cases under intimation to them. The aforesaid exercise shall be completed within a period of one month from the date of receipt of a copy of this order”.

Moreover, CAT Principal bench has passed similar order on the cases of (1) Shri Pradeep Kumar, AE (C) & Ors Vs Secretary Ministry of Information & Broadcasting & Ors. (OA No. 988 of 2014, MA No. 872 of 2014), (2) Indian Ordinance Factory Gazetted Officers Association through its President Shri Brajesh Kumar Singh & Ors Vs Secretary, Ministry of Defense & Ors (OA No. 1493/2014) and (3) Mahendra Kumar Debey S/o Shri R.D. Dubey Vs Union of India (OA No. 1798/2014), Mohd Hamid Hussain & Ors Vs UoI & Ors (OA No. 1934/2014,  Narayan Kalita & Ors Vs UoI & Ors etc. In addition, hearing on several cases, filed on this subject in different benches of the CAT by various employees/Staff Associations are under progress.

Meanwhile, DoPT vide letter No. P-26012/5/2011-AT dated 19^th August, 2013, addressed to the Registrar, Central Administrative Tribunal, New Delhi has clarified that granting of financial up-gradation in the promotional hierarchy under MACP to Sh. Raj Pal is personal to him and would not be treated as a precedent.

            As regards to extending of judicial decisions in matters of a general nature to all similarly placed employees, 5^th Pay Commission in its recommendation had observed that “we have observed that frequently, in cases of service litigation involving many similarly placed employees, the benefit of judgment is only extended to those employees who had agitated the matter before the Tribunal/Court. This generates a lot of needless litigation.  It also runs contrary to the judgment given by the Full Bench of Central Administrative Tribunal, Bangalore in the case of C.S. Elias Ahmed and others Vs UOI & others (OA Nos. 451 and 541 of 1991), wherein it was held that the entire class of employees who are similarly situated are required to be given the benefit of the decision whether or not they were parties to the original writ. Incidentally, this principle has been upheld by the Supreme Court in this case as well as in numerous other judgments like G.C. Ghosh Vs UIO [(1992) 19 ATC 94 (SC)], dated 20/07/1988; K.I. Shepherd etc. Accordingly, we recommend that decisions taken in one specific case either by the judiciary or the Govt. should be applied to all other identical cases without forcing the other employees to approach the court of law for an identical remedy or relief.  We clarify that this decision will apply only in cases where a principle or common issue of general nature applicable to a group or category of Government employees is concerned and not to matters relating to a specific grievance or anomaly of an individual employee” (Para 126.5).

 Dismissal of writ petition by various High Courts:

Meanwhile, High Court Chandigarh, Ernakulam and Delhi have dismissed Writ petitions filed by the DoPT against CAT judgement on granting of MACP on promotional hierarchy (Writ Petition No. 3608/2014 of High Court Delhi, Writ Petition No. 24278, 24279 & 24253 of 2013 by High Court of Punjab & Haryana, Chandigarh and Writ Petition No. 200 of 2013 by Kerala High Court Ernakulam Bench). On the other hand Meghalaya High Court while disposing the case No. 46/2014 (Shri Subir Roy & Ors Vs Union of India & Ors) has directed the Government of India to decide the representation of the respondent regarding their claim under Modified Assured Career Progression Scheme by a seasoned order.

 Inconsequence to above decisions, DoPT has filed 4 SLPs and the same has been listed for hearing by the Supreme Court.

Whatever may be the outcome of the SLPs, allowing MACP on hierarchal Grade Pay to Shri Rajpal and denying the same to others is not acceptable.

Considering the spirit of the enormous judgment given in favour of granting MACP on Promotional hierarchy and granting of MACP on promotional hierarchy to Rajpal and others so far, DoPT may consider the implementation of MACP on promotional hierarchy to all Central Government Employees from the date of implementation of the scheme i.e. 1.9.2008.

ITEM-IV     Enhancement of HRA/Transport Allowance to Bhopal city in accordance with the population of census 2011.

Self explanatory