07/11/SH NEWS

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

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Wednesday, July 7, 2010

An important order on regulation of the date of next increment in case of EXOL (without MC) in the light of CCS (RP) Rules-2008

DOPT, vide its Memo No.16/2/2009-Estt. (Pay I) dated 02/07/2010 has clarified that except as provided under the conditions laid down in this Department's OM dated 18.2.1986, qualifying service of less than six months on account of EOL (without medical certificate) between 1st July of the previous year till 30th June of the year under consideration shall have the effect of postponing the increment to Ist July of the next year. The same stipulation will also be applicable to those cases where the increment became due on 1.7.2006
In terms of DOPT’s O.M. No. 13017/20/85-Est(L) dated 18.2.1986, EOL granted for the following purposes automatically counts as qualifying service for pension and for increments without any further sanctions.
(i) EOL granted due to inability of a Government servant to join or rejoin duty on account of civil commotion.
(ii) EOL granted to a Government servant for prosecuting higher technical and scientific studies

The full text of the orders is furnished below. This is one of the items in the anomaly committee and this order will set aside many irregular audit objections raised in the meantime for the officials who have availed even a single day EOL in between 1.1.2006 to 30.6.2006.



No. 16/2/2009-Estt.(Pay I)
Government of India
Ministry of Personnel Public Grievances & Pensions
Department of Personnel & Training
New Delhi, the 2nd July 2010

OFFICE MEMORANDUM

Subject: Regulation of the Date of Next Increment in case of Extra-Ordinary leave (without medical certificate) after implementation of the CCS (RP) Rules, 2008 – clarification regarding

Consequent upon the implementation of CCS (RP) Rules 2008, the increments in the revised pay structure are to be regulated in terms of Rule 10 of the CCS (RP) Rules 2008.This rule states that ‘there will be a uniform date of annual increment viz. 1st of July every year. Employees completing 6 months and above in the revised pay structure as on 1st July will be eligible to be granted the increment.”

2. The issue of regulation of date of next increment in case of EOL (without medical certificate) after implementation of CCS (RP) Rules 2008 has been examined in consultation with the Department of Expenditure.

3. It is clarified that except as provided under the conditions laid down in this Department’s OM dated 18.2.1986, qualifying service of less than six months on account of EOL (without medical certificate) between 1st July of the previous year till 30thJune of the year under consideration shall have the effect of postponing the increment to 1st July of the next year. The same stipulation will also be applicable to those cases where the increment became due on 1.7.2006. In terms of this Department’s O.M. No. 13017/20/85-Estt (L) dated 18.2.1986, EOL granted for the following purposes automatically counts as qualifying service for pension and for increments without any further sanctions:-

(i) EOL granted due to inability of a Government servant to join or rejoin duty on account of civil commotion.

(ii) EOL granted to a Government servant for prosecuting higher technical and scientific studies.
The full text of the orders is furnished below. This is one of the items in the anomaly committee and this order will set aside many irregular audit objections raised in the meantime for the officials who have availed even a single day EOL in between 1.1.2006 to 30.6.2006.

No. 16/2/2009-Estt.(Pay I)
Government of India
Ministry of Personnel Public Grievances & Pensions
Department of Personnel & Training
New Delhi, the 2nd July 2010

OFFICE MEMORANDUM

Subject: Regulation of the Date of Next Increment in case of Extra-Ordinary leave (without medical certificate) after implementation of the CCS (RP) Rules, 2008 – clarification regarding

Consequent upon the implementation of CCS (RP) Rules 2008, the increments in the revised pay structure are to be regulated in terms of Rule 10 of the CCS (RP) Rules 2008.This rule states that ‘there will be a uniform date of annual increment viz. 1st of July every year. Employees completing 6 months and above in the revised pay structure as on 1st July will be eligible to be granted the increment.”

2. The issue of regulation of date of next increment in case of EOL (without medical certificate) after implementation of CCS (RP) Rules 2008 has been examined in consultation with the Department of Expenditure.

3. It is clarified that except as provided under the conditions laid down in this Department’s OM dated 18.2.1986, qualifying service of less than six months on account of EOL (without medical certificate) between 1st July of the previous year till 30thJune of the year under consideration shall have the effect of postponing the increment to 1st July of the next year. The same stipulation will also be applicable to those cases where the increment became due on 1.7.2006. In terms of this Department’s O.M. No. 13017/20/85-Estt (L) dated 18.2.1986, EOL granted for the following purposes automatically counts as qualifying service for pension and for increments without any further sanctions:-

(i) EOL granted due to inability of a Government servant to join or rejoin duty on account of civil commotion.

(ii) EOL granted to a Government servant for prosecuting higher technical and scientific studies.

4. Hindi version will follow.
(Rita Mathur).
Director

Grant of Family Pension to the dependent family members of Govt. Servant/Pensioner reported missing

Department of Pension and Pensioners Welfare issued fresh guide lines in supersession of their OM No.1/28/04-P&PW(E) dated 31/03/2009 regarding Grant of family pension to the dependent family members of a Government Servant/Pensioner reported missing vide Memo No.1/28/04-P&PW (E) dated 02/07/2010.

No. 1/28/04-P&PW(E)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & pensioners' Welfare
*********

Lok Nayak Bhavan,
New Delhi, the 2nd July, 2010

Office Memorandum

Subject: Grant of family pension to the dependent family members of a Government servant pensioner reported missing - Reg.

The undersigned is to invite a reference to this Department’s earlier O.M. No.1/17/86-P&PW dated 29th August, 1986 and the subsequent clarifications issued vide O.M. No.1/17/86-P&PW(E) dated 18th February, 1993, O.M. No.1/17/86-P&PW(C) dated 25thJanuary, 1991 and O.M. No.1/28/04-P&PW(E) dated 31st March, 2009, detailing therein instructions concerning grant of family pension to the eligible family members of the Government servants/Pensioners who have suddenly disappeared and whose whereabouts are not known, after a period of one year, or Government servants who have been kidnapped by insurgents/ terrorists, after a period of six months, reckoned from the date of registration of the FIR with the Police Authorities.

2. The staff side of the National Council (JCM) have been raising for quite some time the issue concerning withdrawal of the mandatory condition of one year prescribed in regard to sanction of family pension to the eligible family members of the pensioners who are reported missing while on pilgrimage, tour, etc., and sanction the family pension to the eligible family members within a period of two months from the date of filling of the FIR with the police. This demand of the staff side is based on the premise that this kind of stipulation in the rules has been causing a great deal of hardship to the families of such missing pensioners.

3. The matter has been considered in this Department in consultation with Ministry of Finance (Department of Expenditure). It has been observed from the earlier instructions issued in this regard by this Department that the same do not make any distinction between the Government servant and the pensioners but cover both of them for the purpose of grant of family pension. It has accordingly been decided that the family pension/retirement or death gratuity to the eligible family members of a Government servant/Pensioner reported missing and whose whereabouts are not known, may be sanctioned after a period of six months from the date of registration of an FIR with the Police. This, however, would be subject to the instructions regarding grant/disbursal of retirement or death gratuity, etc., as contained in this Department’s O.M. referred to above.

4. This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No.367/EV/2010 dated 15.06.2010.

5. These orders, in so far as their applicability relates to the employees of the Indian Audit and Accounts Department, are being issued in consultation with the Comptroller and Audit General of India, vide their U.O.43-Audit(Rules) / 28-2009 dt. 21.06.2010.

6. Hindi version will follow.

(K.S. Chibb)
Deputy Secretary to the Government of India

Revision of initial option for pay fixation on 6th CPC recommendation

Another demand placed in the anomaly committee is sorted out.
Government servant can revise their initial option for pay fixation upto 31/12/2010 under CCS(Revised Pay) Rules 2008- Order from Finance Ministry.
Ministry of Finance, Department of Expenditure Vide its Memo No.7/14/2010-E.III (A) dated 05/07/2010 provided the CG employees to Change their initial fixation option up to 31/12/2010, in case if the option is more beneficial to them. The copy of the order is furnished below.


F.No.7/14/2010-E.III (A)
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, the 5th July, 2010.
OFFICE MEMORANDUM
Subject:- Central Civil Services (Revised Pay) Rules, 2008- Revision of option exercised under Rule 6 of the Central Civil Services (Revised Pay) Rules, 2008
In accordance with the provisions contained in Rule 11 of the Central Civil Services (Revised Pay) Rules, 2008, where a Government servant opts to continue to draw his pay in the existing scale from the 1st day of January 2006 and switch over to the revised scale from a date later than the 1st day of January, 2006, his pay from the later date in the revised scale is required to be fixed under Rule 11(i) of the Central Civil Services (Revised Pay) Rules, 2008. As per Rule 5 of these rules, this option to switch over to the revised pay structure from a date later than 1.1.2006 is available to a Government Servant:
(i) Who elects to continue to draw pay in the existing scale until the date on which he earns his next or any subsequent increment in the existing scale or until he vacates his post or ceases to draw pay in that scale.
(ii) who has been placed in a higher pay scale between 1.1.2006 and the date of notification of these Rules on account of promotion, upgradation of pay scale etc. the Government servant may elect to switch over to the revised pay structure from the date of such promotion, up-gradation etc.

3. As per Rule 6 (1) of Central Civil Services (Revised Pay) Rules, 2008 the option in the format appended to the Second Schedule was required to be exercised within three months from the date of issue of these Rules.

4. Further Rule 6 (4) provided that the option once exercised shall be final. The Staff Side has represented on this issue and have requested that the first option exercised may not be treated as final keeping in view the new system of pay band and grade pays and that employee may be allowed to revise their option if the option is more beneficial to them.

5. On further consideration and in exercise of the powers available under Central Civil Services (Revised Pay) Rules, 2008, the President is pleased to decide that in relaxation of stipulation under Rule 6 (4) of these Rules employees may be permitted to revise their initial option up to 31.12.2010 if the option is more beneficial to them. The revised option shall be intimated to the Head of his Office by the Government servant in accordance with the provision of Rule 6 (2) of the Revised Pay Rules, 2008.

6. In so far as persons serving in Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.
(Renu Jain)
Deputy Secretary to the Government of India

Observance of Golden Jubilee year programme of the 1st glorious strike called by the Confederation

The All India Raiwaymen Federation, All India Defence Employees Federation and the Confederation of Central Government Empoyees and Workers have decided to jointly organise a convention on 16th July, 2010 to commemorate the 50th year of the first indefinite strike action of the Central Government employees (Please see Circular Letter No 13/2010). The convention will be held at Mavalankar Hall, Rafi Marg, New Delhi. On 16th between 11 and 4.00PM.
On 12th July State Committees of the Confederation will observe the 50th Anniversary of the 1st strike by conducting various programmes(circular enclosed). Our members are requested to please join the programme at their respective places.


CONFEDERATION OF CENTRAL GOVERNMENT
EMPLOYEES AND WORKERS
Manishinath Bhawan
A/2/95 Rajouri Garden,
New Delhi. 110 027
E mail: confederation06@yahoo.co.in
Website:confederationhq.blogspot.com.

Confdn.13/2010
Dated: 17th June, 2010


Dear Comrades,
As you are aware,12th July 2010 would be the 50th year of the first industrial action of strike by the Central Government employees. To commemorate the five glorious days of 1960, which became an important milestone in the movement of the Central Government employees, the Confederation Sectt. has decided to call upon all its affiliates and COCs to organise the following programme. This is primarily meant to bring home to the mass of the present day employees the impact of the historic action in the lives and service conditions of civil servants and the general trade union movement in the country. The pamphlet sent along with this circular letter describes the sacrifices of the comrades, who organised the glorious strike action in 1960, the repressive measures unleashed by the then Government and the issues projected, which are of relevance even today. In the context of the new economic policies, the UPA II Government has decided to pursue with intensity and the resistance movement being organised by the entirety of the working class of the country and the impending strike action in September, 2010, it would be appropriate that we organise the programme on 12th July 2010 with dedication and determination. The pamphlet is prepared on the basis of the Note given and the discussion we had with our President, Com.Vyas, who played a sterling role in organising the strike in 1960. It must be our endeavour that the message reach the rank and file of our membership and the pamphlet is widely circulated.

The following programme will be organised by all affiliates and the State Committees on 12th July, 2010.
(i) The Confederation flag will be hoisted in front of all offices on 12th July, 2010 to be followed by paying homage to martyrs' column specially erected for this purpose.
(ii) The State Committees will organise meetings, seminars, or conventions; will invite the erstwhile leaders of the movement to speak as an educative campaign.

We have been informed by the National Federation of Postal employees that under the auspices of the Joint Council of Action, the postal workers would commence an indefinite strike from 13th July, 2010. The Income-tax Employees Federation along with the All India Income-tax Gazetted officers association has also decided to be on on a day's strike demanding the stoppage of outsourcing and contractorisation of various departmental function on 15th July, 2010. The Confederation and its affiliates will support these struggles and will organise solidarity actions to compel the concerned authorities to bring about a settlement on the demands raised by these employees. The State Committees will get in touch with the leaders of these two organisations and will provide necessary assistance and support to make their strike actions successful. In consultation with the National leadership of these two organisations, it has been decided that the State COCs will go in a procession to the Post Office (identified in consultation with the NFPE leaders) on 15th July, 2010 and hold demonstration to express solidarity and support to the striking workers. The ITEF comrades, who will be on strike on 15th will join the procession in large numbers.

The Govt. Of India has decided to contractorise all care taking functions in all departments and no recruitment is likely to be made in Group D cadres in future. A serious campaign against the informalisation of the regular functions should be undertaken by all the organisations. Let the proposed programme slated for 12th July, 2010 be the beginning of a long and sustained straggle against this atrocious decision of the Government.

The Central Trade Unions have decided to convene a National Convention at New Delhi on 15th July, 2010. The convention is expected to declare a day's strike in September 2010. The National Executive of the Confederation will meet on 16th July, 2010, for which notice is sent separately. The All India Audit and Accounts Association who recently organised a mass casual leave programme against the victimisation of the union functionaries informed the Confederation that the Audit bureaucracy has retaliated by issuing charge sheet under rule 14 to all those who participated in the mass casual leave programme. The Confederation has decided to face this challenge squarely. A detailed programme is being chalked out and the same will be conveyed in our next circular letter.

With greetings,
Yours fraternally,

K.K.N. Kutty
Secretary General.
To
All affiliates and State Committees of the Confederation and National Secretariat and National Executive Committee members.


THE FIVE GLORIOUS DAYS OF 1960.
K.K.N.Kutty
Secretary General, Confederation of CGE and workers.

On 12th July, 2010, we will organise functions to commemorate the 50th anniversary of the first industrial action of the Central Government employees in the post independent India. It was on 12th July, in 1960, the indefinite strike began on the call of the Joint Council of Action of all Federations, Associations and Unions of the Central Government employees. The trade union movement of the Civil servants was at a nascent stage when the strike was planned and finally executed, even though some of the Federations in the JCA had the great tradition of organising struggles including strike actions even against the colonial Government of Great Britain. In fact it was the strike of the Postal Workers in 1946, which compelled the then British Government to set up the first Central Pay Commission to revise the wages of the Civil Servants, whose real income had been eroded significantly in the war ravaged economy. It is a matter of pride and importance for all of us today to trace the causes and effects of the five glorious days of struggle of 1960 organised by the brave men and women who were central Government employees, who had to undergo tremendous trials, tribulations, agony and render sacrifices of immeasurable value.
The workers and employees under the Govt. Of India had been spread over various industrial and non industrial organisations and departments. The workers in the Railways, Defence and Post and Telegraph Departments were mostly industrial workers and were members of the all India Federations , AIRF, AIDEF and NFPTE respectively. The National Federation of Post and Telegraph employees were the biggest affiliate of the Confederation of Central Govt .employees and workers, which came into existence in 1956. The Confederation had affiliated the Federations, Associations and Unions of both industrial and non industrial workers. Besides NFPTE, the major organisations affiliated to the confederation were the organisations of the P&T Industrial employees, Survey of India, CPWD, Central Secretariat, Income tax, Civil Aviation, Printing and Stationery, Meteorological survey Ministerial and workshop employees, Malaria Institute employees, Indian School of Mines , Audit and Accounts employees , Geological Survey of India etc.
The Confederation raised the issue of grant of dearness allowance in the wake of the uncontrolled price rise of essential commodities which had eroded the real value of wages .In fact the grant of compensation to protect the real wages of the employees in the context of increasing cost of living was one of the recommendations of the First Central Pay Commission. As a corollary to the said demand, the Confederation asked the Government to set up the 2nd Central Pay Commission to revise the wages and determine the methodology of computing the dearness compensation and grant interim relief as the Commission so set up is likely to take time to finalise its recommendations. Since there had been no response from the Government, the Confederation served the strike notice in 1957. Sensing that the demand so raised by the Confederation had elicited the support of the workers the Government set up the 2nd CPC just a day prior to the commencement of the proposed strike action. The Commission so set up granted a paltry sum of Rs. 5/- as Interim relief within a month but took about two years to finalise its report.
Before the 2nd CPC, the employees' organisations, especially the Confederation demanded that the minimum wage in Central Services should not be less than what has been propounded by the 15th Indian Labour Conference, which was held at Shimla in the year 1957 with the participation of all stake holders, viz. The representatives of the Trade Unions, the employers' organisations and the Government. Basing on the formulations suggested by Dr. Aekhroyd, the minimum wage was computed at Rs. 125/- . On the specious ground that the Indian economy had no capacity to bear the additional financial burden that might arise on the acceptance of the demand, the Commission tinkered with the formula itself and quantified the minimum wage at Rs. 70/-on illogical and untenable grounds. This apart, the Commission went on to make recommendations which in effect were to withdraw the existing benefits and privileges, such as it recommended to reduce the number of holiday and casual leave, increased the working hours, revised the employees' contribution on allotment of Government accommodation and refused to recommend any scheme for grant of dearness allowance when the cost of living increases. While the Government acted upon these adverse recommendations, it dilly dallied to take a decision in the matter of even the meagre revision of wages.
The Government's attitude and the disappointing recommendations of the 2nd CPC jacked up the simmering discontent into spontaneous outbursts in the form of protest rallies and demonstrations throughout the country. The refusal of the Prime Minister to meet the Chairman of the Confederation, Com.Nath Pai, the then Member of Parliament even after indicating his willingness to grant an interview earlier, triggered a much stronger and united reaction from the employees. It reverberated amongst the rank and file of all the segments of the Central Government employees with the result, the leaders of the AIRF and AIDEF decided to join hands with the leaders of the Confederation to chalk out a common strategy and approach in the matter of the implementation of the 2nd CPC report. The INTUC affiliated Unions in Railways and Defence, viz,the NFIR and INDWF however remained aloof of these efforts, true to their close links with the ruling party, the Indian National Congress. The AIRF, AIDEF and the Confederation jointly convened a National Convention at Mumbai on 3rd April, 1960, which adopted a 6 point charter of demands and set up the Joint Council of Action to spearhead head the movement. The Convention gave a clarion call to all Central Government employees to unite and prepare for an indefinite strike action in case the Government refuses to settle the charter of demands, which included the following issues.
(i) Dearness allowance to be paid on the basis of the first CPC re commendation @Rs.5/- for every 20 point increase in the 12 monthly average of cost of living index 1947=100 as per the recommendations of the First CPC.
(ii) Minimum wage should be based on the norms prescribed by the 15th ILC
(iii) To set up a standing board consisting of equal representatives from employees' federations and officers of various departments (govt. Nominees) with a neutral Chairman to settle all disputes/claims of any category of employees.
(iv) No curtailment of any existing facilities, rights and privileges
(v) To set up an Arbitration Board and recognise only one union in one industry
(vi) To withdraw the provisions of summary dismissal and punitive actions.
The JCA decided to elicit the opinion of the mass of the employees through a ballot on the proposed strike action. It received overwhelming response from the common multitude of the employees in as much as 90% of the Railwaymen, Defence Workers and P&T employees voted in favour of the strike. The employees of all other organisations, which were affiliated to the Confederation in toto favoured the strike decision. The INTUC affiliated organisations in the Railways and Defence, the NFIR and INDWF which were boasting to represent 70% of the workers of these two Departments, had to eat the humble pie when the strike ballot decisions were announced. It became clear that the workers would even desert their parent organisations in order to join the strike for they resented the Government's untenable stand on issues and the unsolicited support extended by the leaders of the INTUC affiliated Federations to the Govt. Emboldened by the overwhelming support of the workers manifested in the strike ballot verdict, the JCA decided to go ahead with the strike preparation and set up a high powered strike committee consisting of the following leaders;
Peter Alvares: General Secretary, AIRF as the Convenor
S.M.Joshi, President, AIDEF as the Chairman
P.S.R. Anjaneyalu, . Secretary General, NFPTE ,and D.S. Rajarathinam, Secretary General, Confederation and General Secretary, Incometax Federation as members.

The Government however, stiffened its stand in the face of this development by stating that the recommendations of the CPC are to be treated as an 'award' and therefore, the Government would not like to have any negotiations in the matter with the employees' representatives. Government made it clear that they would go ahead with the implementation of the recommendations of the CPC without making any alteration, howsoever warranted it might be. It was pointed out that the stand of the Government is untenable in as much as the Government has not treated the recommendations of various commissions it had set up in the past as awards and especially in the background of a strike notice, the government was duty bound to negotiate and discuss under section 10 of the ID Act or refer the dispute to the National Tribunal under Section 22. Against the unrelenting position taken by the Government the JCA intensified its campaign and the strike became imminent and inevitable. The Government's attitude came in sharp criticism from various quarters, compelling some leading political personalities like Feroze Gandhi (son-in-law of the Prime Minister), R.K. Khadilkar, Ashok Mehta and many others intervening, which resulted in a meeting with the Labour Minister. To ensure that the negotiations to be successful, the JCA agreed to water down its demand for full neutralisation to 50% if the Govt. Is prepared to refer the issue to an arbitrator. Ostensibly to favour the INTUC organisations, the Government insisted upon the unconditional withdrawal of the strike as a pre-condition for any discussion and settlement. The ill advised strategy adopted by the Government left the JCA with no alternative to serving the strike notice. On 21st June, 1960, the notice for the indefinite strike was served indicating that the strike would commence from the midnight of 11th July. i.e. from 12th July, 1960 onwards. The Government responded by instructing the Army and Police Personnel to deal with the situation as violation of law and order. In a meeting of the Party workers, the Prime Minister, Pt. Jawaharlal Nehru asked them to arouse the public opinion against the strike and asserted that his Government would deal with the strike with firmness and strength. It was unfortunate that an erudite and progressive leader like Nehru whose sterling role in Indian Independence movement had endeared him as the closest friend of the working people responded in such a high handed manner to a simple dispute between the Government as an employer and the employees. In a broadcast to the Nation, the Prime Minister went to the extent of describing the strike as a "civil rebellion" required to be put down at all cost and by all means. The subsequent repressive measures unleashed proved how assertive he was. A simple industrial dispute was thus politicised dividing the polity sharply in favour of and against the strike. While the AITUC, HMS and UTUC, the central Trade Unions in the country then, came forward to unequivocally support the strike and set up committees to help and assist the striking workers, the INTUC with its affiliates, NFIR and INDWF did everything to prevent the workers from participating in the strike. Government took unprecedented and stringent measures to suppress the strike. It promulgated the Essential Services Maintenance ordinance and brought all Government departments under its purview and prohibited strike in Government services. On 9th July, 1960 it further issued an executive fiat under the Armed Forces Emergency Duty Act, 1947, specifying that the P & T, Railways, Aircrafts, Ports, Mints and Security Press are vital organs of the community. The large majority of the workers and employees became determined to participate in the strike.
On 11th July, 1960, the leaders of the JCA and thousands of activists throughout the country were arrested and imprisoned. Summary trials were held at the Prison premises. The arrested employees were convicted to rigorous imprisonment extending to period exceeding one and half years. The Government's propaganda machinery, the All India Radio went full blast spreading falsehood about the strike thereby creating an atmosphere of panic. Despite all these, the strike did commence on 12th July at the appointed time and large section of the employees and workers participated in the strike. It was total in the Survey of India, followed by the Audit and Accounts Departrment, Civil Aviation, Post and Telegraph, CPWD, Income tax, Railways, Defence and many other Central Government Departments. The Government unleashed a reign of terror; arresting the leaders and common employees; raiding the Government colonies; compelling the employees to report to duty; detaining those who do not abide; caning and lathi-charging the workers who were demonstrating peacefully before the offices. At Dahod Police resorted to shooting and gunned down five Railway workers. In the face of the unprecedented repression and state terror, the strike continued for five glorious days. To withstand the armed might and state sponsored brutal terror became impossible for the unarmed civilian workers. On the appeal made by Shri Ashok Mehta, the strike was finally called off on 16th July, 1960. Even as per the Government's own admission, more than 500,000 workers were on strike throughout the five days. On 12th July, the strike elicited the participation of more than 12,00,000 workers and employees, i.e. about 56% of the total Government employees participated in the strike action on the first day.
During the five glorious days of strike, 5 comrades were shot dead, another 9 persons lost their life.; 17,780 workers were arrested, 27,000 were suspended, 6000 employees, who had not been conferred with the permanent status were terminated; and another 6000 were dismissed following imprisonment under ESMO and other disciplinary proceedings. The Government's vindictive actions went on unabated. Recognition of 85 Associations, Federations, and Unions were withdrawn. The conduct rules were amended to debar the employees from becoming members of the unrecognised unions; demonstration and any other protest actions were prohibited; for continuing to be the members of the unions whose recognition was withdrawn, many employees were charge-sheeted.
Against the palpably illegal and atrocious decision to amend the conduct rules, Com.E.X. Joseph, Gl. Secretary All India Audit and Accounts Employees Association filed a petition before the Mumbai High Court. The Court struck down Rule 4B of the Conduct rules as violative of Art. 19(1) of the Constitution. This crucial judgement, which became a milestone in the service conditions of the Government employees, especially in the matter of the inalienable right to form associations/unions came as a great relief for all unions and frustrated the Government's notorious plan to wean away the employees from the militant trade unions into the pliable and ruling party sponsored unions of INTUC. The judgement gave a sense of confidence to both the leaders and the rank and file of the workers to fight back the offensive. It was in the background of the confusion created by the amendment to the Conduct rules, the INTUC made its attempt to form a union in the Post and Telegraph Department. Intensive tours were undertaken by the INTUC leaders to woo the victimised employees promising vacation of the vindictive and punitive action on becoming members. It is to the credit of the common P&T workers that they treated these attempts with the contempt it deserves.
Ultimately the Government admitted that the Nation suffered irretrievable loss in as much as 17.6 lakh man-days were lost; 14 persons lost their life; the financial loss was estimated at more than two crores; irreparable damage to the morale of the employees; unfathomable loss of the fair image of the Government itself. In reply to a query put to the then Cabinet Secretary as to what would have been the cost of an agreement on DA in comparison to the losses sustained by the Govt., his audacious reply was "who cares for the loss in Govt."
Obviously there had been no instantaneous settlement of the demands raised in the strike charter, as the strike had to be unconditionally withdrawn in the face of the state sponsored terror. A sense of frustration and anger must have come about in the psyche of the common employees and the grass root level leadership then. But the fact is that the 1960 strike did bring about tremendous attitudinal change in the polity. More and more people began to talk of the necessity of fixing a minimum wage for the workers. The 15th ILC norms got wider coverage and became an important factor in the wage negotiations. Later the Government and the employers had to recognise the need for full neutralisation of the cost of living in the form of DA. Cost indexed wage revision became the order of the day. The debate in the Parliament reflected more and more concern towards workers and the Government which employed the highest degree of repression got isolated and discredited in the eyes of the common people. The icons of Independence struggles tumbled down. Government had to restore the privileges and rights of the employees. It also had to recognise the need for a negotiating machinery to avert the strike and the JCM came into being as a result. The INTUC organisations also had to abandon their approach on worker related issues as in many subsequent struggles, they had to perforce align with the other trade unions in the country. The Government's attitude of treating the Pay Commission's recommendations as "award" had to be changed. The recommendations of the subsequent Pay Commissions were subjected to discussion with the representatives of the Federations and modified. The demand raised by the workers in 1960 to set up a standing board to settle disputes in which the representatives of the Federations could be nominated was conceded in as much as the National and Departmental Anomaly Committees that came into existence after the negotiations on the 5th CPC recommendations did have the representatives of both official and staff side.
The role, prestige and status of Trade Unions in Indian polity became more pronounced after the 1960 strike. It brought about a meaningful change in the industrial relationship as conciliation and negotiations became an integral and unavoidable factor in the dispute redressal mechanism. Let the immortal legacy of the 1960 strike inspire us for it has shown that the indomitable spirit, sense of sacrifice and constant efforts to unite the class moulds the militant and real union.
Red salute to all those comrades who by their supreme sense of sacrifice and militancy wrote the revolutionary saga of the glorious strike of 1960.
(prepared basing on the Notes given and discussion held
with Com.S.K.Vyas, President, Confederation of Central Govt. Employees and workers.)

Sunday, June 13, 2010

Defining categories of employees for the purpose of CCS (Recognition of Service Association) Rules.

No. 2/Assn/GS/2010 Bhopal, dated 10/06/10

To
The Director (JCA),
Department of Personal & Training,
North Block,
New Delhi

Sub: Defining categories of employees for the purpose of CCS (Recognition of
Service Association) Rules.

Sir,

This Association is recognized under CCS (RSA) Rules 1993. Now, the Ministry of Statistics & Programme Implementation vide letter No. B-12011/4/2009-Ad. III dated 20/11/2009 has informed us that consequent to the implementation of the 6th Pay Commission some existing group C posts have been classified as Group B by the DoPT and we have been asked to amend the constitution for getting fresh recognition. Consequently, the Assistant with Rs. 4200 grade pay in NSSO Offices, an integral part of the Ministerial Staff and members of this Association, has been declared Group B (Non-Gazetted) and as such now these categories have been termed not eligible for membership of this Association.

Since the working conditions of the Assistants and other Ministerial Staff in NSSO Offices are common, this Association had decided to re-name the All India Association of Ministerial Staff (Group C) as All India Association of Ministerial Staff (Non Gazetted) and necessary changes have been made in the Constitution accordingly. But the Ministry of Statistics & Programme Implementation has declined to accept this common interest category as a distinct category and our request has been turned down.

Meanwhile, employees drawing grade pay Rs. 4200 have been categorized as part of Group C for the purpose of verification under CCS (RSA) Rules 1993 by all major Ministries/Departments. This has been implemented in the Postal Department in the recent verification under CCS (RSA) Rules 1993. Thus, a separate treatment on the implementation of the CCS (RSA) Rules to the employees of Ministry of Statistics & Programme Implementation is not justified.

Besides, Confederation of Central Government Employees & Workers, which is the apex body of the Central Government Employees, had already demanded to include all categories of staff that come under pay Bands I & II for recognition of Association under JCM scheme and the same is under consideration of the Government.

It is therefore requested that Ministry of Statistics & Programme Implementation may be advised to consider our request till a final decision on the implementation of the DoPT order in all Ministries/Departments of the Government of India is taken.

Yours faithfully


(T.K.R. Pillai)
General Secretary

Saturday, June 12, 2010

Renaming of Office Superintendent as AO/SO in NSSO Offices and granting of Rs. 4800/ grade pay

No. 2/Assn/GS/2010 Bhopal, dated 10.06.10

To
Dr. Pronab Sen,
Secretary,
Ministry of Statistics & Programme Implementation,
New Delhi.

Sub: Renaming of the Office Superintendent as Administrative Officer/
Section Officer in NSSO Offices and granting of Rs. 4800/ grade pay
accordingly.
Sir,

It is humbly submitted that we had sent letters of even number dated 17/4/2008, 11/12/2008 & 23/6/2009 to your office, requesting the upgradation of Pay Scale of the Office Superintendent of the NSSO Office to pre-revised pay scale of Rs. 7500-12000/ on the genuine grounds given therein. Accordingly, the Ministry vide letter No. A-11011/4/2009-Ad. III dated 18/8/2009 had directed all Divisional heads of the NSSO Offices to put up re-structuring proposals of the Ministerial Staff which include the specific direction to re-name the Office Superintendents as Section Officer in the pre-revised pay scale of Rs. 7500-12000 with grade pay 4800. But implementation of the same has not been taken place so far even after a lapse of long 10 months after the issuance of the said directive.

In this respect, the functioning of the Office Superintendent in NSSO Offices, as submitted to you vide this Association letter dated 23/6/2009 is re-produced below for reference please.

“The administrative Wing of the NSSO Offices, headed by the ISS Officers is practically working under Gazetted Office Superintendents who are solely responsible to supervise the entire Administrative work in the Regions of FOD & DPCs of DPD. In SDRD also there is no AO/Senior AO is posted and as such the OS has to look after the entire Administrative work there. These OS are reporting officers of the CRs of the Administrative Staff and in several of the Offices they are functioning as DDO as well. Person/posts shouldering identical duties in other Government of India Offices have been granted not less than 7500-12000 pre-revised pay scales where the Office Superintendents/Head Clerk are only assisting them in the day to day administrative work. This has happened due to non-conducting of periodical cadre review of Ministerial posts in NSSO Offices since its inception.
Sixth pay Commission, after studying the existing Ministerial posts, its pay structures and responsibility attached with the same thoroughly, has arrived in the conclusion that the posts holding the pre-revised pay scale of Rs. 5000-8000, 5500-9000 & 6500-10500 are doing identical work (primary supervisory work) in Government of India Offices and accordingly recommended to merge these scales by granting Rs. 4200 grade pay. Unlike in other Government of India Offices, the Office Superintendent with 5500-9000 and AO with 6500-10500 in NSSO offices are doing highly responsible and decision taking functioning. It means the pre-revised pay scale of the OS and AO in NSSO offices in comparison to other Government of India Offices were not at par with the responsibility assigned to them”.
In the mean time FOD has given promotions to UDC with 2400/ grade pay to Assistant with 4200 grade pay on regular basis against the vacancies of the Office Superintendent after down-grading the post to Assistant. It is evident that unlike in any other Government of India Departments, the down gradation of a highly responsible Gazetted post to the post of Assistant has arisen because of the reason that the pay scale granted to the Office Superintendent in NSSO Offices so far was not according to the status and responsibility entrusted to them. Or it is the direct fall out of the systematic denial of a justifiable pay scale appropriate to the status and the heavy responsibilities of the Office Superintendents in NSSO Offices.
This Association was aware of the fact and as such we had put up an anomaly case for the up gradation of the pay scales of these posts to 7500-12000/ during the fifth CPC which was not considered due to the non conduct of anomaly committee meeting by the Department even after our repeated requests. After 6th Pay Commission also, we tried to bring the seriousness of the matter to you through our aforesaid letters so that the down gradation of the posts can be avoided.
As on date there is effectively no supervisory officer posted in the Administrative section of any of the FOD Regions except two-three Regions situated in some Zonal Hqrs. Field officers have been given additional duty of the Administrative Section in several of the Regions. Since these field officers are not aware of the administrative work and procedures, the meager Ministerial Staff posted in these offices are overburdened with the entire responsibilities of the administration.
As regards the filling up of the vacancies of the Office Superintendent in DPD & SDRD are concerned, the DPD Hqrs has already sent a proposal seeking permission to fill up these posts with Rs. 4600/ grade pay as an interim measure. It is worth mention here that the DPD vide letter No. A-13012/4/2009-CSW dated 25.02.2010 had suggested the post of Section Officer with grade pay 4800 in place of the existing post of Office Superintendent and AAO.
Sir, NSSO Offices, especially the field offices face tremendous problem due to not posting of responsible Administrative/Section officers there. It is our humble submission that necessary action may be taken immediately to solve this problem.
Your personal intervention on the matter is requested please.

Yours faithfully

(T.K.R. Pillai)
General Secretary

Wednesday, June 2, 2010

Enhancement of fixed medical allowance from Rs. 100 to 300/

FIXED MEDICAL ALLOWANCE FOR NON-CGHS PENSIONERS ENHANCED WITH EFFECT FROM 1.9.2008 BY THE GOVERNMENT


The Department of Pension and Pensioners' Welfare has enhanced the amount of Fixed Medical Allowance for non CGHS pensioners from Rs.100/- to Rs.300/- with effect from 1.9.2008.

Confederation and Staff side had demanded the enhancement to at least to Rs.600/- or Rs.500/.

The full text of the Government Orders is available in the web site as given below:

http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/Pension/no.4-25-2008-ppwd.pdf