INDEFINITE STRIKE FROM 1st WEEK OF MARCH 2016 IF THE DESIRED SETTLEMENT THROUGH BILATERAL DISCUSSION IS NOT BROUGHT ABOUT BY THE 1ST WEEK OF FEBRUARY 2016– SECRETARY, JCM (NC) STAFF SIDE WRITES TO GOVERNMENT.
-TKR PILLAI, GS
NJCA
National Joint Council of Action
4, State
Entry Road, New Delhi – 110055
No.NJC/2015/7th
CPC December 10, 2015
To
Shri. Pradip Kumar Sinha
Cabinet
Secretary
Government
of India
Rashtrapati
Bhawan Annexe
New
Delhi-110001
Sir,
Subject:- 7th
CPC recommendations and Charter of Demands – Reg.
We
send herewith our suggestions and demands on the recommendation made by the 7th
CPC. As indicated when the undersigned met you on 20th November 2015
the central government employees are extremely agitated over the totally
retrograde recommendations of the Commission.
The
meagre increase of 14% recommended by the 7th CPC is the lowest ever
any pay Commission has made. It was the similar recommendation, we would
request you to recall, made by the 2nd CPC that triggered a
confrontation of an unprecedented nature, leading to a strike action which
lasted for five days in the year 1960. In the background of the fact that the 5th
and 6th CPC recommendations had resulted in the wage rise of 31% and
54% respectively, the anger, anguish and frustration of the employees are the
natural outcome. Unless the minimum wage is re-determined with all
consequential benefits, the discontent will not be capable of being addressed
effectively.
It
is, therefore, necessary that a meeting of the members of the Standing
Committee of JCM NC is convened under your chairmanship immediately to discuss the issues we have incorporated in
the enclosed charter. Settlement through bilateral negotiation has become the
urgent need and requirement.
I
have been directed by the meeting of the NJCA held on 8th December
2015 to convey to you the disappointment and resentment of the employees over
the recommendations of the 7th CPC. We expect a bilateral negotiated
settlement of the issues without delay from the Government. We request you that
a mutually agreeable settlement on the issues are brought about latest by the
first week of February 2016. I have been asked by the meeting to inform you
that the entire Central Govt Employees under the auspices of National JCA will
be constrained to go indefinite strike in the first week of March 2016 if the
desired settlement through bilateral discussions is not brought about by the
first week of February 2016. To facilitate an early resolution of the issues,
we expect the government to set up a Committee of Group of Ministers to
negotiate with the NJCA immediately.
We earnestly hope that the Government
will effectively intervene and bring about a satisfactory settlement much before
the first week of February 2016 and avoid an otherwise inevitable
confrontation.
Thanking
you,
Yours faithfully,
(Shiva Gopal
Mishra)
Convener
CHARTER OF DEMANDS
1.
Re-compute the minimum wage on the basis of
the actual commodity prices as on 1.7.2015and factor the Dr. Aykroyd formula
stipulated percentages for housing and social obligations, children education
etc. Revise the fitment formula and pay
levels on the basis of the so determined minimum wage;
We are not in agreement with the methodology adopted
by the 7th CPC in computing the minimum WAGE. We give hereunder briefly the reasons
thereof.
1.
The retail
prices of the commodities quoted by the Labour bureau is irrational,
imaginary and even absurd in respect of certain articles at certain
places. The Staff Side had objected to
the adoption of those rates in its meeting with the Commission on 9th
June, 2015.
2.
The adoption of 12 monthly average of the retail
prices is contrary to Dr. Aykroyd formula.
Same is the case with the reduction effected by the Commission on
housing and social obligation factors. The house rent allowance is not a full
compensation of the expenditure incurred by an employee for obtaining an
accommodation. Therefore, no reduction
on that count in arriving at the minimum wage is permissible. We may cite the minimum wage computation made
by the 3rd CPC in this regard,
The employees were in receipt of HRA even at that time. But still the 3rd CPC, and rightly
so, adopted the 7.5% as the factor for housing.
In respect of the addition to be
made for children education and social obligation as per the Supreme Court judgement,
(25%) the Commission has reduced the percentage to 15% on the specious plea
that the employees are separately given children education allowance. The Children education allowance is not a
full reimbursement of the expenses one has to incur. After the liberalization of the Education
Sector where private parties were allowed to set up universities and colleges,
the expenses for education had increased heavily . No concession or allowance is granted to the
employees for educating the children beyond the higher secondary levels. The earlier Pay Commission has only tried to
compensate a little in the increasing cost of education and that too at the
primary level, since even the Governmental institutions had started charging
abnormal tuition and other fees.
3.
The website maintained for the Agriculture
Ministry depicts the retail prices of commodities which go into the basket of
minimum wage computation. Even though
the rates quoted by them vary from the real retail prices in the market, it
provides a different picture. If one is
to take the rates quoted by them for different cities and make an all India
average of the prices as on 1.7.2015, it will work out to Rs. 10810. It will
result in the computation of the minimum wage of Rs. 19880. Adding 25% for arriving at the MTS scale, it
will rise to Rs. 24850. To convert the
same as on 1.1.2016, 3% will be added as suggested by the 7th
CPC. The final computation will be Rs.
25,596, when rounded off shall be Rs. 26000.
4.
The Andhra Pradesh State Pay Commission in its
report has taken the commodity prices at Rs. 9830.- as on 1.7.2013 which works
out to a minimum wage of Rs. 18080. The
wage of MTS will then be Rs. 22600 as on 1.7.2013, The Corresponding figure for 1.1.2016 shall
be Rs. 26758 , rounded off to Rs. 27000.
5.
The Staff side had computed the minimum wage as
on 1.1.2014 at Rs. 26,000, taking the commodity price at Rs. 11344. The rates were taken on the basis of the
actual retail prices in the market as on 1.1.2014( average prices of 8 Cities
in the country) substantiated by the documentary evidence of Cash bill obtained
from the concerned vendors. As on
1.12016, the minimum wage work out to Rs. 29339, rounded off to Rs. 30,000.
6.
The 5th CPC adopted the rate of growh
in the economy ( as reflected in the increase in the per capita net national
produce at factor cost) over a period of ten years to arrive at the increase
required to be made to arrive at the minimum wage. The per capita NNP at factor cost registered
an increase of 65.28% over a period of ten years in 2013-14. If we apply the same percentage to the emoluments
(Pay +DA) as on 1.1.2016 (assuming that DA will be 125% as on that date), the
minimum wage as on 1.1.2016 for an MTS will have to be Rs. 26030, rounded off
to Rs. 27000.
7. In
para 4.2.9 of the report, the Commission has given a table depicting the percentage
increase provided by the successive Pay Commissions, according to which the 2nd
CPC had made a paltry increase of 14.2%. The 3rd CPC gave a rise of
20.6, 4th 27.6, 5th
31.0 and 6th CPC 54%.
While the per centage increase had been in ascending order all along, the 7th
CPC has sought to reverse that trend ostensibly for reasons unknown. It is was
the meager increase of 14% provided for by the 2nd CPC that
triggered the volatile situation in the civil service and led to all India
strike encompassing all employees which lasted for 5 days in 1960. We do not
know whether the 7 CPC really intend to create such a scenario once again.
8.
In the case of Bank, Insurance and many other
Public Sector Undertakings wage revision takes place once in 5 years. In the recently
concluded agreement, Bank employees were provided more than 15% increase.
9.
After the implementation of the Pay Commissions
Report the AP State Employees have been given a wage structure based on a
minimum wage far above the level of Central Government employees. In their case
also wage revision does take place once in 5 years.
It could be
seen from the above that the computation of minimum wage by the 7 CPC is prima
facie wrong and computed on untenable premises and incorrect data. The minimum
wage therefore requires re-computation and revision. Once the minimum wage gets
revised, the fitment formula, the multiplication factor applied for determining
the pay levels and the pay matrix itself will have to consequently revised.
Determination of Pay Level Minimum
It is seen that
the 7th CPC has applied varying multiplication factors for different
pay levels. The 6th CPC has taken the emoluments in the private
sector to hike the salary of officers by applying different yardstick to
compute the pay bands disturbing the vertical relativity while the 7th
CPC has further accentuated the gap of differences in wages between officers
and employees. This being unacceptable we urge upon adoption of uniform
multiplication factor for determining pay levels.
2.
Revise
the pay matrix basing upon the revised minimum wage and rounding off the stages
to the next hundred. Accept the suggestion made by the Staff Side in its
memorandum to 7 CPC for de-layering viz. to abolish the pay levels pertaining
to GP 1900, 2400 and 4600.
In our memorandum to 7th CPC the staff side
had requested for de-layering by abolition of Grade Pay of Rs 1900, 2400 &
4600. The pay levels pertaining to GP 1900, 2400 and 4600 may be abolished and
merged with the next higher levels.
3. Revise
the rate of increment to 5 % and Grant two increments in the feeder cadre
levels as promotion benefit.
The rate of increment has been pegged
down to 3% by the 7th CPC. At this rate an employee will not be able
to double his pay even after 30 years. The demand of the staff side to increase
the rate of increment to 5% to be accepted.
Promotion from
one cadre to another is a rare phenomenon in government services especially in
lower grades. If one to be awarded only an increment amounting to 3% of pay, it
might not become a sought after affair and will in fact act as a de-motivating
factor. This apart, in most of the Govt. Departments, promotion is followed by
posting to a different location. Those
who are posted to unclassified cities or from Metro cities to towns will
financially suffer due to such mandatory transfer on promotion. This is because
of the fact that the rate HRA, Transport Allowance etc vary from one station to
another. The financial benefit on promotion must be, therefore, at least two
increments i.e. 10% of the pay.
4.
Fill up all vacant posts by holding special
recruitment drive
5.
MACP to be treated as financial up-gradation,
without any grading stipulation; to be provided on the basis of the promotional
cadre hierarchy of the concerned
department; increase the number of MACP to five on completion of 8, 15,21,26
and 30th years of service. Reject the Efficiency Bar stipulation
made by 7th CPC. Personnel
promoted on the basis of Examination should be treated as fresh entrants to the
cadre.
6.
Upgrade the LDCs in all departments as UDCs for
it is stated by the Commission that the Government has stopped recruiting
personnel to this cadre.
The cadre of
LDC, after the introduction of MTS has presently overlapping functions. Most of
the specific functions have also become obsolete on introduction of computerized
diarizing and maintenance register. There is no specific need for this cadre in
any of the offices. While future recruitment can be stopped, which the
government has conveyed to the Commission, what has to be done to the existing
cadre is not mentioned. It is therefore necessary that the existing incumbents
be promoted as UDCs by upgrading all posts of LDC as UDCs.
7. a)
Parity to be ensured for all Stenographers, Assistants, Ministerial Staff in
subordinate offices and in all the organized Accounts cadres with Central
Sectt. By upgrading their pay scales ( and not by downgrading the pay scales of
the CSS)
b) Drivers in all
Government offices to be granted pay scale on par with the drivers of the Lok
Sabha
The question of Parity,
as has been rightly mentioned by 7th CPC, is a settled matter. It is
the Department of Personnel which the cadre controlling Department for CSS
cadre that unsettles the parity every time. The recommendation to downgrade the
CSS is however not acceptable. What is required is to grant higher pay levels
at par with CSS ministerial and stenographer cadres and other similarly placed
cadres in the field/subordinate offices and IA&AD & Organized Accounts
cadres.
8.
To remove existing anomaly, the annual increment
date may be 1st January for those recruited prior to 30th
June and 1st July in respect of those recruited prior to 31st
December.
9. Wage
of Central Government Employees be revised in every 5 years
10.
Treat the GDS as Civil Servant and grant them
all pay, allowances and benefits granted to regular employees on Pro -rata
basis
11.
Contract/casual and daily rated workers to be
regularized against the huge vacancies
existing in various Government offices.
12.
Introduce PLB in all departments. All existing
bilateral agreement on PLB must continue to be in operation
13
Revise the pension and other retirement benefits
as under:-
(a)
Parity between the past and present pensioners
to be brought about on the basis of the 7th CPC recommendations with
the modification that basis of computation to be the pay level of the post / grade/ scale of
pay from which one retired; whichever is
beneficial.
(b)
Pension to be 60% of the last pay drawn in the
case of all eligible persons who have completed the requisite number of years
of service.
(c)
The family pension to be 50% of the last pay
drawn.
(d)
Enhance the pension and family pension by 5% after every five years and 10% on
attaining the age of 85 and 20% on attaining the age of 90.
(e)
Commuted value of pension to be restored after
10 years or attaining the age of 70, whichever is earlier. Gratuity calculation
to be on the basis of 25 days in the month as against 30 days as per the
Gratuity Act.
(f)
Fixed medical allowance for those pensioners not
covered by CGHS and REHS to be increased to Rs. 2000 p.m.
(g)
Provide one increment on the last day in service
if the concerned employee has completed six months or more from the date of
grant of last increment.
14
Exclude the Central Government employees from
the ambit of the National Pension Scheme (NPS) and extend the defined benefit
pension scheme to all those recruited after 1.1.2004
15
In the absence of any recommendation made by 7
CPC, the Government must withdraw the stipulated ceiling on compassionate
appointments
16
Revise the following allowances/advances as
under in place of the recommendations made by the 7th CPC :
The 7th
CPC has recommended to abolish large number of allowances and interest free
advances without going into the exact relevance in certain departments where
the allowances are provided for. The allowances which are stated to be subsumed
and which are clubbed with other s also require consideration. If these
allowances are withdrawn, it might affect adversely the very functioning of the
Department itself in certain emergent situation. Of the allowances mentioned in
the report for abolition, we have mentioned hereunder those pertaining to civilian
employees which require to be retained.
In respect of advances the Commission appears to have taken
a shylock view of the matter. Most of the under mentioned advances are required
to meet out contingencies which the employees cannot manage to organize. These
advances are, therefore, to be retained.
(i) Allowances
(a)
Retain the rate of house rent allowance in place
of the recommendation of the Commission to reduce it.
(b)
Restructure the transport allowance into two
slabs at Rs. 7500 and 3750 with DA thereof
removing all the stipulated conditions.
(c). Fixed
conveyance allowance: This allowance had no DA component at any stage.. This allowance must be enhanced to 2.25 times
with 25% DA thereon as and when the DA
crosses 50%
(d) Restore the island Special duty allowance and the
Tripura Special compensatory remote locality allowance.
(e) The special
duty allowance in NE Region should be uniform for all at 30%
(f) Overtime allowance whenever sanction must be based
upon the actual basic pay of the entitled employee
(g) Cash handling /Treasury allowance. The assumption
that every transaction in Government Departments are through the bank is not
correct. There are officials entrusted
to collect cash and therefore the cash handling allowance to be retained.
(h)Qualification Pay to be retained.
(i) Small family norms allowances;
(j) Savings Bank allowance
(k) Outstation allowance
(l) P.O. & RMS. Accountants special allowance.
)m) Risk allowance
(n) Break-down allowance.
(o) Night patrolling allowance.
(p) Special Compensatory hill area allowance.
(q) Special allowance for Navodaya Vidyalaya Staff.
(r) Dress Allowance ceiling to be raised to Rs.
32,400/- p a
(s) Nursing Allowance to be raised to 2.25 times of Rs
4800/-
(t) All fixed allowances must be raised to 2.25 times
as per the principle enunciated by the Commission
(u) The erroneous statement in Para 9.2.5 to be
corrected. Vide OM No. 13018/1/2009-Estt (L) dated 22.07.2009, DOP, P&W,
the leave period for Child adoption has been increased to 180 days
(v).Restore the allowances abolished for the reason that it
is either not reported or mentioned in the Report by the Commission
17 Advances.
Restore the
following advances and revise the same to 3 times.
(a). Natural calamity
advance;
(b). Festival Advance
©. LTC and TA advances
(d). Medical advance
(e). Education
advance.
(f) Vehicle
advances including cycle advance
18 The stipulation made by the 7th
CPC to grant only 80% of salary for the second year of CCL be rejected and the existing provisions may be
retained
19 50% of the CGEIS premium to
be paid by the Government in respect of Group B and C employees.
20
Health insurance to be introduced in addition to
CGHS/REHS and CCS(MA) benefits and the premium to be paid by the Government and
the employee equally.
21
Reject the recommendations concerning PRIS
22
Full pay and allowances to be provided for the
entire period of WRII .
23
The conditions stipulated in clause (4) &
(5) under Para 9.2.37 be removed
24
Reject the recommendation made by the 7th
CPC in Para 8.16.9 to 8.16.14 concerning dress allowance to PBOR as otherwise
the five Ordinance Equipment factories
under OFB will have to be closed down
25
Set up a Group of Ministers’ Committee to
consider the anomalies including the disturbance of the existing horizontal and
vertical relativities at the National level and Departmental/Ministry level
with provision for referring the disputed issues to the Board of Arbitration
under the JCM scheme
26
To increase the promotional avenue for Technical
and other Supervisory staff.
At para 2 - "abolition of Grade Pay of Rs 1900, 2400 & 4600" , why 2400 I think that is 2000.
ReplyDeleteAnd at para 6 - LDC issue "upgrading all posts of LDC as UDCs" , is it good justification ? I don't think Government will be convinced, If so then what about UDCs.?
I don't understand that what is the demand by the jcm staff side, of the ldc upgradetion gp 2000? Or gp 2800? Please clarify sir.
ReplyDeleteJCM demanded merger with UDCs i.e 2400 Grade pay but did not mentioned about UDCs,
DeleteThis comment has been removed by the author.
ReplyDeleteI agree LDC post should be upgraded to UDC with same GP 2800 if possible otherwise keep that GP 2400. And, there is no need of any further recruitment in LDC cadre because all those LDC staff are well performing tasks of UDC and Assistant. According to official code of conduct, so defined tasks of LDC like Dairy and dispatch can be done in a good manner by MTS.
ReplyDeleteMr Amit Kumar,
DeleteIt is not "Dairy".... The word should be " Diary'....that is why the LDCs are still given Rs.1900/- as Grade Pay by the Govt.What a pathetic situation !!
I want to thank Pillai Sir, because of him, confederation included the issue of LDCs in the charter of demand.
ReplyDeleteThank sir great job. Ye hak aur hakook me ladai apne Annam per jaroor pahuche GI.
ReplyDeleteShri Pillai has helped the admn staff of govt of India to invent their identity. Finally, JCM (Staff Side), the apex body of the CG employees has taken a very positive stand to resolve the long pending issues of us.Thanks.
ReplyDeleteThanks pillai sir for your support to LDC & UDC in subordinate office of Govt of India. God bless you sir.
ReplyDeleteThank u very much Sir for the steps taken to uplift Adm staff including clerical , It was told PB & GP done away, which is wrong. Both PB & GP merged and termed as BP . Hence there is no difference in old Pay & new Pay.Since 7th Pay commission has given some rise to pay,the gap between one pay to another has become more wider. Fitment formula is not same to all.The ratio from lower pay & higher pay is not taken into account. Main reason for smooth functioning of office is only administrative people. whereas they have been neglected once for all for the second time. This is actually heart burning issue. Most of the clerical staff have discouraged on 7th pay report, 6th Pay commission has merged/upgraded some posts in technical/scientific category without conducting any tests and all have become Gazetted Officer. in fact they don't have subordinate staff in their respective category.Why can't the same happen to clerical category. In other words Sir please merge clerical category into technical category since they are also working on computer. xperience is more important than Educational Qualification.
ReplyDeleteEducational Qualification is to gain knowledge, whereas xperience is gained knowlege.However qualify we are we refer first old cases then only we will proceed our work. If at all i have mentioned anything wrong. I am very very sorry.
Why the officers or up-graded people always looks clerks as low graded employee or they want to treat as if their personal servant. Though now a days the minimum education level of clerk is +2 with knowledge of computer but one will hardly get. Now a days clerks are mostly graduate or post graduate level or even technical person like engineer. This is clearly a case of exploitation and hence it should also be highlighted in our charter of demands - P. PHOOKAN (MA(ENG,MATHS)), LDC
ReplyDeletePillai Sir
ReplyDeleteKindly clarify that UDC who are presently in grade pay of Rs. 2800/- (after time bound promotion) will get grade pay of Rs. 4200/- as per JCM present Demand Charter dated December 10, 2015.
UDC who are getting Rs.2800 Grade Pay on implementation of 2nd MACP will get Rs. 4200 with retrospective effect if we win the MACP case pending in Supreme Court. The next of hearing( most probabily the final hearing)of the case is on 4/1/2015
DeleteWe are waiting on 4/1/2015.
DeleteThanks a lot to Pillai sir.. for update the news.
ReplyDeletethanks a lot because someone is on earth to think about the Ldc and Udc future
ReplyDelete