ALL INDIA ASSOCIATION OF MINISTERIAL STAFF (GROUP C)
MINISTRY OF STATISTICS & P.I., GOVERNMENT OF INDIA
Ref. No. AIAMS(Gr.C)/DPD/KOL/11-12 Date : 19th July 2011
To
Prof. T.C.A. Anant,
Secretary,
Ministry of Statistics & Programme Implementation,
Sardar Patel Bhawan,
New Delhi-110001
Sub: De-recognition of All India Association of Ministerial Staff (Group C)-Reg.
Sir,
It is to bring to your kind notice that the NSSO (FOD) New Delhi vide letter dated 19/01/2011, addressed to the undersigned in the capacity of Joint Secretary of this Association, desired to make change in the Office bearers on the ground of the promotion of Shri TKR Pillai the incumbent General Secretary to the post of Assistant. According to FOD Shri Pillai has become a group B and as such he is not eligible to be a member of the Ministerial Staff Association. In reply, the Joint Secretary on behalf of the Association informed the FOD that even though Shri Pillai had been promoted to the post of Assistant, the classification of the post of Assistant with grade pay Rs. 4200 would continue to be group C on the ground that the recruitment rules for the Assistant has not been changed. FOD was also requested to allow Shri Pillai to continue as General Secretary till the next biennial General Body Meeting, 2011 or amendment of recruitment rules whichever is earlier.
The letter was forwarded to the Ministry of Statistics & Programme Implementation vide FOD letter no. B-12017/1/2008-JCM dated 20.03.2011 for consideration, a copy of which was sent to the undersigned for information. But we have not received any reply on the matter from the Ministry till date. Meanwhile, it is reported that the FOD has circulated letter to its Regional Offices not to deduct yearly contribution of the members of the All India Association of Ministerial Staff (Group C) from the pay roll on the ground that the Association has been de-recognized by the Ministry. But we have not received any letter conveying the de-recognition of the Association so far.
Moreover, we do not see any ground to de-recognize the Association while considering the subscription deducted from the pay roll of the Ministerial Staff for the year 2010-11, wherein, according to our records, the subscription deducted from the group C staff itself contains more than the required number for the continuation of the recognition of the Association. As such de-recognition order issued, if any, by the Ministry is not justified which may please be rectified.
Now this Association has decided to convene the next General Body Meeting of the Association by 3rd week of September 2011, notice for which will be issued very shortly.
We, therefore, request you to kindly issue necessary direction to the concerned to deduct the subscription of the members from the pay rolls from the salary for the month of July 2011.
Your personal intervention on the matter is highly solicited at the earliest.
Yours faithfully,
Sd/
(N. Basu)
Joint Secretary
07/11/SH NEWS
Flash message
Friday, July 22, 2011
Sunday, July 3, 2011
Request for Scrapping of PFRDA Bill
Dear friends,
Confederation, All India State Government Employees Federation, the School University Teachers Federation & All India Defense Employees Federation jointly decided to organise a convension on PFRDA Bill at New Delhi on 22nd July 2011. It is proposed to send a petition on the subject to the Hon'ble Prime Minister, Government of India.Members are requested to go through the confederation letter and draft peititon given below and send their views if any to the Association.
TKR pillai
General Secretary
CONFEDERATION CIRCULAR
Conf.Cir.No.13/2011
Date: 30-06-2011
Dear Comrade,
In continuation of our circular letter No 12, we are to inform you that the proposed National Convention will be held at MPCU Shah Auditorium, New Delhi on 22-07-2011. We give hereunder the quota of delegates for each state and request the state committees to initiate steps to identify comrades as delegates and book tickets for them. We send herewith a copy of the draft letter to be submitted to the Prime Minister obtaining signature from the employees. The draft may come up for discussion at the convention. The convention will also discuss and decided future course of action in the matter. Kindly inform us the addition if any you would like to propose to the draft petition.
With greetings,
Yours fraternally,
K.K.N.Kutty,
Secretary General
Quota of delegates
Kerala-2, Tamilnadu-10, Andhra Pradesh-10, Karnataka-5, Mumbai-15, Vidharba-10, Madhya Pradesh-15, Orissa-5, West Bengal-10, North Eastern Region-5, Bihar-5, Jharkhand-2, Chattisgarh-2, Uttar Pradesh-30, uttarakhand-2, Rajesthan-15, Gujarath-10, Punjab-3, Haryana-2, Delhi-15 ,J&K-1
Draft Petition addressed to the Prime Minister for Signature campaign.
To
The Prime Minister of India,
New Delhi
Sub: Request for Scrapping of PFRDA Bill
Sir,
We submit this Petition to bring to your kind notice and through your good office to the attention of the Honorable Parliamentarians of our country certain aspects of the re-introduced PFRDA bill, which will have adverse impact on the exchequer in general and on the prevailing service conditions of the Civil Servants. We pray that our submissions in this regard may please be caused to be considered earnestly and the implication of the provisions of the bill critically analyzed and examined and take decision to kindly withdraw the Bill from the Parliament.
We submit the following for your critical and objective analysis of the Bill :
1. The concept of old age security for civil servant in the form of pension has a very ancient
origin dating back as early as third century BC, the quantum being half of the wages on completion of forty years blemishless service to the king.
2. In the last century, one of the measures taken by the colonial rulers to attract talented personnel to the Royal service was the introduction of pension scheme for civil servants `in 1920. The Royal commission through its various recommendations improved the scheme and the 1935 Government of India Act provided it statutory strength.
3. The land mark judgment of the Supreme Court in D .S. Nakara and others Vs. Union of India (AIR-1983-SC-130)(applicable to the Central and State Government employees, teachers, and all stake holders of pension system) conceptualized pension stating that pension is neither a bounty nor a grace bestowed by the sweet will of the employer, but a payment for the past services rendered. It was construed as a right step towards socio-economic justice and a concrete assurance to the effect that the employee in his old age is not left in the lurch.
4. The fifth Central Pay Commission which was set up by the GOI in 1993 to go into the wage structure and pension scheme of the Central Government employees referring to the Judgment of the Supreme Court cited, observed (Para 127.6) that " pension is the statutory, inalienable and legally enforceable right earned by the civil servant by the sweat of the brow and being so must be fixed, revised, modified and changed in the way not dissimilar to salary granted to serving employees."
5. The guiding principle adopted in determining of pay package of civil servants is to spread out the wage compensation over a long peiord of time whereby wages paid out during the work tenure is low in order to effect payment of pension on retirement. As such civil service pension is rightly termed as deferred wage. While in the organized private sector the employer is required to contribute equal share to the Provident Fund of the employees, the Government neither contributes to the Provident Fund of the civil servants nor takes any pension subscription from him.
6. In an unwarranted intervention in the Statutory defined benefit Pension system, the IMF in their work paper (WP/01/125,(2001) propounded the creation of a pension fund by eliciting from the Wage earners at the earliest stage of their employment so as to fetch an annuity decent enough to sustain him at the old age. In fact it was a suggestion for a retrograde change over from the defined benefit pension scheme to a defined contributory system. While suggesting so, they have categorically stated that India does not suffer demographic pressure experienced by major countries, for India's population beyond the age of 60 was about 7% in 2004ch rose to 8.6% in 2010 and is estimated at 13.7% in 2030 and 20% in 2050.
7. The New contributory pension scheme enunciated by the Government of India and adopted by most of the State Governments is covered by the PRFDA bill. The bill inter alia, envisages a social security scheme for all who desire to have an annuity at his old age which is voluntary and not mandatory. However, in the case of Civil Servants, who are recruited to Government service after the prescribed cut -off date ( 1.1.2004 in GOI service) the scheme is mandatory in as much as the enployee is bound to subscribe 10% of his emoluments to the Pension Fund and the Govt. being the employer would contributes equal amount. No employee is entitled to
opt out of the scheme.
8. Despite the inability to bring in a valid enactment, the Central and all State Governments other than those of West Bengal, Kerala and Tripura through illegal executive orders decided to impose the contributory pension system arbitrarily on the Central and State Government employees .While the Govt. of India notification excluded the personnel in the armed forces and para-military establishments, the Governments of the Left ruled States of West Bengal, Kerala and Tripura consciously continued with the existing defined benefit pension system.
9. The PRFDA Bill stipulates that there will not be any explicit or implicit assurance of the benefit except market based guarantee. The subscriber is thus exposed to the following risks at the exit.
a) If there is a major market shock, the subscriber to the New Pension scheme may end with no ability to purchase an annuity.
b) Since annuity is and cannot be cost indexed, the real worth of the annuity might fall depending upon the inflationary pressure on the economy.
c) As per the scheme, the subscriber is to make the choice of investment portfolio. The Civil Servant being mostly uninformed in finance and investment related matters, he might end up in making wrong choices which would eventually rob him of the old age pension.
d) The subscriber is perforce to contribute to the charges of the investment managers, whose priority often is as to how much profit they could make through investment of the huge corpus of pension fund in the volatile share market .
10. The pension fund created by the employees' subscription and the employers' contribution which directly flows from the exchequer ( which is nothing but tax revenue of the Govt.) is made available for the stock market operations which is not only unethical but also blatant diversion of public fund for private profit, both Foreign and Indian capitalists.
11. In the case of Civil Servants recruited after the cut-off date, the new scheme replaces the existing much better "defined benefit" pension scheme. In the process, the Government has created two classes of civil servants viz. the one with a defined benefit pension scheme and the other with the contributory pension scheme in which the employee is to part with 10% of his emoluments to become entitled for an old age social security subject to the vagaries of share market permits. Since in both the cases, the pay, allowances, perks, and other benefits, privileges, duties and responsibilities are the same it amounts to wanton discrimination of one against another which is not sustainable in law, rather violative of the existing constitutional provisions.
12. The wage structure presently designed for those who are recruited prior to the cut- off date and after is on the same premise and is depressed to enable the Govt. to meet the pension liability in future. By imposing the new contributory pension scheme on the employees who are recruited after the cut off date the Govt. not only denies the statutory defined pension benefit to them but also compel them to contribute for earning an undefined annuity, which must be characterized as highly discriminatory.
13. Those who are covered by the contributory pension scheme will become entitled for an annuity, a portion of the accumulated contribution is able to purchase, basing upon the accretion to the fund from the investment. There is, however, no guaranteed minimum amount of pension for those who are covered by the new scheme, whereas the civil servants covered by the existing scheme do get a defined and guaranteed minimum pension and on his death his family members (wife, widowed and unmarred daughters and unemployed sons below the age of 25) become entitled for family pension. The discrimination factor is thus compounded.
14. The PFRDA Bill when enacted, it is rightly feared, will empower the Government to alter or even deny the present employees and pensioners the statutory defined pension benefit as has been done in the case of those who are appointed after the cut-off date.
15. It is stated that the prime objective of the introduction of the contributory pension scheme is to substantially reduce the outflow on account of pension liability. The major pension liability of Government is accounted for by Armed Defence personnel. They are however excluded from the purview of the contributory pension scheme. The personnel in the Para Military forces are also excluded from the ambit of the new Scheme. While doing so, (no doubt to attract the people to serve in the armed forces for security of the Nation) the Govt. is bound to meet the pension liability from the consolidated fund of India. The argument advanced by the Govt. to cover the Civil Servants in the ambit of the new Pension scheme has been found to be unsustainable by the study commissioned by the 6th CPC. Shri S. Chidambaram, Actuary, in his report, (Annexure to "A study of Terminal benefit of Central Government employees by Dt. K. Gayatri, Centre for Economic Studies and policy, Institute for Social and Economic change, Nagarbhavi, Bangalore) has pointed out that the Government liability on account of contributory pension scheme would in effect increase for a period spanning for the next 34 years from the existing Rs. 14,284 Cr. To Rs. 57,088 Cr. ( 2004-2038) and is likely to taper off only from 2038 onwards. The exchequer is bound to have an increased outflow for the next 34 years and will be called upon to bear the actual pension liability of defence personnel and personnel of para military forces, besides making the contribution to the Pension fund of the Civil Servants recruited after the cut off date. The specious plea that the exchequer is bound to gain due to the contributory pension scheme is therefore not borne from facts.
16. Of the present pension liability of the Govt. of India, which in 2004-05 was 0.51% of the GDP, 0.26% is accounted for by the Defence( which is 50% of the total pension liability.) The study report of the Centre for Economic Studies has concluded that the pension liability as a percentage to GDP which is just 0.5% presently is likely to decline given the growth rate of Indian economy.
17. Since most of the State Governments have chosen to switch over to "contributory pension scheme" , in fairness ( from the Study conducted by the Centre for Economic Studies and policy) it can be concluded that the pension liability of all the State Governments are bound to increase to three times of what it is today by 2038.
18. The first version of the PFRDA Bill was placed before the Parliament by the NDA Government in 2003. The 6th CPC set up the Committee to go into the financial implication on account of the increasing number of pensioners and suggest alternative funding methodology in 2006. The said Committee came to the inescapable conclusion (report submitted in 2007) that "the existing systems of pension are increasingly becoming complicated after the introduction of the New Pension scheme" and warned that "caution has to be exercised in initiating any further reforms" In the light of the conclusion of the said study report which revealed the fact of serious escalation in the pension payment outflow, the rationale of the re-introduction of the PFRDA bill in 2011 covering the civil servants is incomprehensible. Undoubtedly, the Bill when enacted into law will through the existing pensioners to a financially insecure future and the existing workers to the vagaries of the stock market. We, therefore, earnestly pray to your good-self to bring back all the civil servants including teachers irresespective of the date of entry into Government service as also those irregularly appointed within the ambit of the existing statutory defined pension benefit scheme.
We may, in fine, quoting the concluding paragraph (Page 76 of the report of the Centre for Economic Studies and Policy – Institute for Social and Economic Change) of the Committee set up by the 6th CPC
"Mainly given the fact that the future liability although may be large in terms of absolute size is not likely to last very long and does not constitute an alarmingly big share of the GDP which is also on the decline. It appears that pursuing the existing 'Pay as you go' to meet the liability will be an ideal solution."
appeal you, for the detailed reasons adduced in the foregoing paragraphs, that the new pension scheme enshrined in the PFRDA Bill may be withdrawn from the Parliament both in the interest of the Civil Servants and the exchequer.
With regards,
Faithfully, yours,
1.
2.
State : ………………….
Date : July, 2011
Circular No.12
CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS.
A-2/95,Manishinath Bhawan,Rajouri Garden, New Delhi-110 027
Conf/12/2011
dated 28th June, 2011
Dear Comrade,
Kindly see our website. We have placed a copy of our letter seeking solidarity and support of our sister organizations and affiliates to the postal workers who will commence the indefinite strike action from 5th July onwards. We request all our affiliates and State Committees to organize Lunch –recess demonstration at the respective work spots on 5th July, 2011. The State Committees must ensure that a massive demonstration is organized at the CPMG offices of the State Capital eliciting participation of all CGEs on 8-7-2011 and send the following telegram/savingram to the Secretary-Post, Government of India, Dak Bhawan, New Delhi-110 001 as also to the Communication Minister. Shri Kapil Sibal, Hon'ble Minister for communications, 107, First Floor, Sanchar Bhawan, New Delhi-110 001.
"We express our solidarity with the striking Postal employees. Urge upon you
to hold negotiations with the organizations and settle their demands."
The affiliates may kindly issue necessary instructions to all their Branches to carry out the above programme. Copy of the said communication may please be endorsed to the Confederation CHQ
The National Secretariat of the Confederation will meet on 30th July, 2011 at Chennai and the first meeting of the National Women's convention will also be held on the same day. Copies of notices are placed hereunder.
PFRDA Bill
The Government could successfully introduce the PFRDA Bill in the last session of the Parliament with the help of the BJP and others in the opposition. The Bill might come up for discussion and enactment in the monsoon session. In the wake of the attempt in this direction by the UPA-I Government, we had taken the decision to organize a day's strike jointly with AISGEF, the School and University Teachers Federations and the AIDEF. We have been in touch with all these organization for venturing into another serious campaign against the present Bill to culminate in an industrial action. Accordingly we have decided to hold a joint convention on PFRDA Bill at New Delhi on 22nd July, 2011. The venue of the convention will be :
M.P.C.U Shah Auditorium,
Shree Delhi Gujarati Samaj,
No.2, Raj Niwas Marg,
Civil lines, Ring Road,
New Delhi-110 054 (next to Civil lines Metro Station- Yellow Line)
The convention will commence at 11-30 AM and shall be concluded at 3-30 PM. The convention have the participation of the representatives from AISGEF, Confederation, AIDEF,School and University teachers Federations, and DREU. Other details will be conveyed in our next circular.
With greetings
Yours fraternally,
KK.N. Kutty,
Secretary General
Confederation, All India State Government Employees Federation, the School University Teachers Federation & All India Defense Employees Federation jointly decided to organise a convension on PFRDA Bill at New Delhi on 22nd July 2011. It is proposed to send a petition on the subject to the Hon'ble Prime Minister, Government of India.Members are requested to go through the confederation letter and draft peititon given below and send their views if any to the Association.
TKR pillai
General Secretary
CONFEDERATION CIRCULAR
Conf.Cir.No.13/2011
Date: 30-06-2011
Dear Comrade,
In continuation of our circular letter No 12, we are to inform you that the proposed National Convention will be held at MPCU Shah Auditorium, New Delhi on 22-07-2011. We give hereunder the quota of delegates for each state and request the state committees to initiate steps to identify comrades as delegates and book tickets for them. We send herewith a copy of the draft letter to be submitted to the Prime Minister obtaining signature from the employees. The draft may come up for discussion at the convention. The convention will also discuss and decided future course of action in the matter. Kindly inform us the addition if any you would like to propose to the draft petition.
With greetings,
Yours fraternally,
K.K.N.Kutty,
Secretary General
Quota of delegates
Kerala-2, Tamilnadu-10, Andhra Pradesh-10, Karnataka-5, Mumbai-15, Vidharba-10, Madhya Pradesh-15, Orissa-5, West Bengal-10, North Eastern Region-5, Bihar-5, Jharkhand-2, Chattisgarh-2, Uttar Pradesh-30, uttarakhand-2, Rajesthan-15, Gujarath-10, Punjab-3, Haryana-2, Delhi-15 ,J&K-1
Draft Petition addressed to the Prime Minister for Signature campaign.
To
The Prime Minister of India,
New Delhi
Sub: Request for Scrapping of PFRDA Bill
Sir,
We submit this Petition to bring to your kind notice and through your good office to the attention of the Honorable Parliamentarians of our country certain aspects of the re-introduced PFRDA bill, which will have adverse impact on the exchequer in general and on the prevailing service conditions of the Civil Servants. We pray that our submissions in this regard may please be caused to be considered earnestly and the implication of the provisions of the bill critically analyzed and examined and take decision to kindly withdraw the Bill from the Parliament.
We submit the following for your critical and objective analysis of the Bill :
1. The concept of old age security for civil servant in the form of pension has a very ancient
origin dating back as early as third century BC, the quantum being half of the wages on completion of forty years blemishless service to the king.
2. In the last century, one of the measures taken by the colonial rulers to attract talented personnel to the Royal service was the introduction of pension scheme for civil servants `in 1920. The Royal commission through its various recommendations improved the scheme and the 1935 Government of India Act provided it statutory strength.
3. The land mark judgment of the Supreme Court in D .S. Nakara and others Vs. Union of India (AIR-1983-SC-130)(applicable to the Central and State Government employees, teachers, and all stake holders of pension system) conceptualized pension stating that pension is neither a bounty nor a grace bestowed by the sweet will of the employer, but a payment for the past services rendered. It was construed as a right step towards socio-economic justice and a concrete assurance to the effect that the employee in his old age is not left in the lurch.
4. The fifth Central Pay Commission which was set up by the GOI in 1993 to go into the wage structure and pension scheme of the Central Government employees referring to the Judgment of the Supreme Court cited, observed (Para 127.6) that " pension is the statutory, inalienable and legally enforceable right earned by the civil servant by the sweat of the brow and being so must be fixed, revised, modified and changed in the way not dissimilar to salary granted to serving employees."
5. The guiding principle adopted in determining of pay package of civil servants is to spread out the wage compensation over a long peiord of time whereby wages paid out during the work tenure is low in order to effect payment of pension on retirement. As such civil service pension is rightly termed as deferred wage. While in the organized private sector the employer is required to contribute equal share to the Provident Fund of the employees, the Government neither contributes to the Provident Fund of the civil servants nor takes any pension subscription from him.
6. In an unwarranted intervention in the Statutory defined benefit Pension system, the IMF in their work paper (WP/01/125,(2001) propounded the creation of a pension fund by eliciting from the Wage earners at the earliest stage of their employment so as to fetch an annuity decent enough to sustain him at the old age. In fact it was a suggestion for a retrograde change over from the defined benefit pension scheme to a defined contributory system. While suggesting so, they have categorically stated that India does not suffer demographic pressure experienced by major countries, for India's population beyond the age of 60 was about 7% in 2004ch rose to 8.6% in 2010 and is estimated at 13.7% in 2030 and 20% in 2050.
7. The New contributory pension scheme enunciated by the Government of India and adopted by most of the State Governments is covered by the PRFDA bill. The bill inter alia, envisages a social security scheme for all who desire to have an annuity at his old age which is voluntary and not mandatory. However, in the case of Civil Servants, who are recruited to Government service after the prescribed cut -off date ( 1.1.2004 in GOI service) the scheme is mandatory in as much as the enployee is bound to subscribe 10% of his emoluments to the Pension Fund and the Govt. being the employer would contributes equal amount. No employee is entitled to
opt out of the scheme.
8. Despite the inability to bring in a valid enactment, the Central and all State Governments other than those of West Bengal, Kerala and Tripura through illegal executive orders decided to impose the contributory pension system arbitrarily on the Central and State Government employees .While the Govt. of India notification excluded the personnel in the armed forces and para-military establishments, the Governments of the Left ruled States of West Bengal, Kerala and Tripura consciously continued with the existing defined benefit pension system.
9. The PRFDA Bill stipulates that there will not be any explicit or implicit assurance of the benefit except market based guarantee. The subscriber is thus exposed to the following risks at the exit.
a) If there is a major market shock, the subscriber to the New Pension scheme may end with no ability to purchase an annuity.
b) Since annuity is and cannot be cost indexed, the real worth of the annuity might fall depending upon the inflationary pressure on the economy.
c) As per the scheme, the subscriber is to make the choice of investment portfolio. The Civil Servant being mostly uninformed in finance and investment related matters, he might end up in making wrong choices which would eventually rob him of the old age pension.
d) The subscriber is perforce to contribute to the charges of the investment managers, whose priority often is as to how much profit they could make through investment of the huge corpus of pension fund in the volatile share market .
10. The pension fund created by the employees' subscription and the employers' contribution which directly flows from the exchequer ( which is nothing but tax revenue of the Govt.) is made available for the stock market operations which is not only unethical but also blatant diversion of public fund for private profit, both Foreign and Indian capitalists.
11. In the case of Civil Servants recruited after the cut-off date, the new scheme replaces the existing much better "defined benefit" pension scheme. In the process, the Government has created two classes of civil servants viz. the one with a defined benefit pension scheme and the other with the contributory pension scheme in which the employee is to part with 10% of his emoluments to become entitled for an old age social security subject to the vagaries of share market permits. Since in both the cases, the pay, allowances, perks, and other benefits, privileges, duties and responsibilities are the same it amounts to wanton discrimination of one against another which is not sustainable in law, rather violative of the existing constitutional provisions.
12. The wage structure presently designed for those who are recruited prior to the cut- off date and after is on the same premise and is depressed to enable the Govt. to meet the pension liability in future. By imposing the new contributory pension scheme on the employees who are recruited after the cut off date the Govt. not only denies the statutory defined pension benefit to them but also compel them to contribute for earning an undefined annuity, which must be characterized as highly discriminatory.
13. Those who are covered by the contributory pension scheme will become entitled for an annuity, a portion of the accumulated contribution is able to purchase, basing upon the accretion to the fund from the investment. There is, however, no guaranteed minimum amount of pension for those who are covered by the new scheme, whereas the civil servants covered by the existing scheme do get a defined and guaranteed minimum pension and on his death his family members (wife, widowed and unmarred daughters and unemployed sons below the age of 25) become entitled for family pension. The discrimination factor is thus compounded.
14. The PFRDA Bill when enacted, it is rightly feared, will empower the Government to alter or even deny the present employees and pensioners the statutory defined pension benefit as has been done in the case of those who are appointed after the cut-off date.
15. It is stated that the prime objective of the introduction of the contributory pension scheme is to substantially reduce the outflow on account of pension liability. The major pension liability of Government is accounted for by Armed Defence personnel. They are however excluded from the purview of the contributory pension scheme. The personnel in the Para Military forces are also excluded from the ambit of the new Scheme. While doing so, (no doubt to attract the people to serve in the armed forces for security of the Nation) the Govt. is bound to meet the pension liability from the consolidated fund of India. The argument advanced by the Govt. to cover the Civil Servants in the ambit of the new Pension scheme has been found to be unsustainable by the study commissioned by the 6th CPC. Shri S. Chidambaram, Actuary, in his report, (Annexure to "A study of Terminal benefit of Central Government employees by Dt. K. Gayatri, Centre for Economic Studies and policy, Institute for Social and Economic change, Nagarbhavi, Bangalore) has pointed out that the Government liability on account of contributory pension scheme would in effect increase for a period spanning for the next 34 years from the existing Rs. 14,284 Cr. To Rs. 57,088 Cr. ( 2004-2038) and is likely to taper off only from 2038 onwards. The exchequer is bound to have an increased outflow for the next 34 years and will be called upon to bear the actual pension liability of defence personnel and personnel of para military forces, besides making the contribution to the Pension fund of the Civil Servants recruited after the cut off date. The specious plea that the exchequer is bound to gain due to the contributory pension scheme is therefore not borne from facts.
16. Of the present pension liability of the Govt. of India, which in 2004-05 was 0.51% of the GDP, 0.26% is accounted for by the Defence( which is 50% of the total pension liability.) The study report of the Centre for Economic Studies has concluded that the pension liability as a percentage to GDP which is just 0.5% presently is likely to decline given the growth rate of Indian economy.
17. Since most of the State Governments have chosen to switch over to "contributory pension scheme" , in fairness ( from the Study conducted by the Centre for Economic Studies and policy) it can be concluded that the pension liability of all the State Governments are bound to increase to three times of what it is today by 2038.
18. The first version of the PFRDA Bill was placed before the Parliament by the NDA Government in 2003. The 6th CPC set up the Committee to go into the financial implication on account of the increasing number of pensioners and suggest alternative funding methodology in 2006. The said Committee came to the inescapable conclusion (report submitted in 2007) that "the existing systems of pension are increasingly becoming complicated after the introduction of the New Pension scheme" and warned that "caution has to be exercised in initiating any further reforms" In the light of the conclusion of the said study report which revealed the fact of serious escalation in the pension payment outflow, the rationale of the re-introduction of the PFRDA bill in 2011 covering the civil servants is incomprehensible. Undoubtedly, the Bill when enacted into law will through the existing pensioners to a financially insecure future and the existing workers to the vagaries of the stock market. We, therefore, earnestly pray to your good-self to bring back all the civil servants including teachers irresespective of the date of entry into Government service as also those irregularly appointed within the ambit of the existing statutory defined pension benefit scheme.
We may, in fine, quoting the concluding paragraph (Page 76 of the report of the Centre for Economic Studies and Policy – Institute for Social and Economic Change) of the Committee set up by the 6th CPC
"Mainly given the fact that the future liability although may be large in terms of absolute size is not likely to last very long and does not constitute an alarmingly big share of the GDP which is also on the decline. It appears that pursuing the existing 'Pay as you go' to meet the liability will be an ideal solution."
appeal you, for the detailed reasons adduced in the foregoing paragraphs, that the new pension scheme enshrined in the PFRDA Bill may be withdrawn from the Parliament both in the interest of the Civil Servants and the exchequer.
With regards,
Faithfully, yours,
1.
2.
State : ………………….
Date : July, 2011
Circular No.12
CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS.
A-2/95,Manishinath Bhawan,Rajouri Garden, New Delhi-110 027
Conf/12/2011
dated 28th June, 2011
Dear Comrade,
Kindly see our website. We have placed a copy of our letter seeking solidarity and support of our sister organizations and affiliates to the postal workers who will commence the indefinite strike action from 5th July onwards. We request all our affiliates and State Committees to organize Lunch –recess demonstration at the respective work spots on 5th July, 2011. The State Committees must ensure that a massive demonstration is organized at the CPMG offices of the State Capital eliciting participation of all CGEs on 8-7-2011 and send the following telegram/savingram to the Secretary-Post, Government of India, Dak Bhawan, New Delhi-110 001 as also to the Communication Minister. Shri Kapil Sibal, Hon'ble Minister for communications, 107, First Floor, Sanchar Bhawan, New Delhi-110 001.
"We express our solidarity with the striking Postal employees. Urge upon you
to hold negotiations with the organizations and settle their demands."
The affiliates may kindly issue necessary instructions to all their Branches to carry out the above programme. Copy of the said communication may please be endorsed to the Confederation CHQ
The National Secretariat of the Confederation will meet on 30th July, 2011 at Chennai and the first meeting of the National Women's convention will also be held on the same day. Copies of notices are placed hereunder.
PFRDA Bill
The Government could successfully introduce the PFRDA Bill in the last session of the Parliament with the help of the BJP and others in the opposition. The Bill might come up for discussion and enactment in the monsoon session. In the wake of the attempt in this direction by the UPA-I Government, we had taken the decision to organize a day's strike jointly with AISGEF, the School and University Teachers Federations and the AIDEF. We have been in touch with all these organization for venturing into another serious campaign against the present Bill to culminate in an industrial action. Accordingly we have decided to hold a joint convention on PFRDA Bill at New Delhi on 22nd July, 2011. The venue of the convention will be :
M.P.C.U Shah Auditorium,
Shree Delhi Gujarati Samaj,
No.2, Raj Niwas Marg,
Civil lines, Ring Road,
New Delhi-110 054 (next to Civil lines Metro Station- Yellow Line)
The convention will commence at 11-30 AM and shall be concluded at 3-30 PM. The convention have the participation of the representatives from AISGEF, Confederation, AIDEF,School and University teachers Federations, and DREU. Other details will be conveyed in our next circular.
With greetings
Yours fraternally,
KK.N. Kutty,
Secretary General
Monday, June 27, 2011
Granting of MACP in the promotion hierarchy instead of grade pay hierarchy
ALL INDIA ASSOCIATION OF MINISTERIAL STAFF (GROUP C)
MINISTRY OF STATISTICS & PROGRAMME IMPLEMENTATION
GOVERNMENT ON INDIA
Hall No. 201 & 205, Vijay Stambh,
Zone I, Maharana Pratap Nagar,
Bhopal, dated 23/06/2011
To
The Joint Secretary,
Ministry of Statistics & Programme Implementation,
Sardar Patel Bhawan,
Sansad Marg, New Delhi-110001
Sub: Grant of Financial Upgradation in the Promotion hierarchy instead of grade pay hierarchy under the MACPS-forwarding of information regarding.
Sir,
This is in reference to DoPT letter No. 42012/1/2011-Estt. (D) dated 05/05/2011(copy enclosed), asking major Ministries of Government of India viz. Ministry of Railways, Defense, Urban Development, Home Affairs & Department of Posts to submit necessary information in respect of specific categories of employees where the MACPS is less advantageous than the erstwhile ACPS.
The erstwhile ACPS provided benefit of promotional hierarchy to LDCs & UDCs but the present MACPS gives the next Grade Pay only in the hierarchy and as a result the LDCs get only a nominal amount of Rs. 100 on granting 1st MACP for the valuable service rendered by them for 10 long years. Thus erstwhile ACPS is more beneficial for LDC & UDCs.
Since in most of the aforesaid Departments from where the DoPT information called for have already abolished the LDCs posts through cadre restructuring, these Departments may not be giving the details of these cadres especially the LDCs to the DoPT at their level.
It is therefore requested that a list containing the specific categories of employees including LDC & UDC to whom the MACP is less advantageous than ACPS may please be sent to the DoPT for a favorable decision from the Joint Anomaly Committee of MACP.
Yours faithfully
(TKR Pillai)
General Secretary
Annexure
Grant of financial upgradation in the promotion hierarchy instead of grade pay hierarchy under the MACPS- furnishing the information regarding.
No. 42012/1/2011-Estt(D)
Government of India
Ministry of Personal, Public Grievances and Pension
(Department of Personal & Training)
Establishment (D)
North Block, New Delhi
Dated 05th May, 2011.
Sub: Grant of financial upgradation in the promotion hierarchy instead of grade pay hierarchy under the MACPS-furnishing the information regarding.
Based on the discussion with staff side in 3rd meeting of the Joint Committee of Modified Assured Career Progression Scheme (MACPS) held on 15/3/2011 under the chairmanship of the Joint Secretary (Establishment) Department of Personal & Training, it has been decided that the necessary information in respect of specific categories of employees where the MACPS is less advantageous that the erstwhile ACPS may be called to from Ministries of Railways, Defense, Urban Development, Home Affairs and Department of Posts for taking a conscious Decision in the matter.
The Ministries of Railways, Defence, Urban Development, Home Affairs and Department of Posts are therefore requested to send their information in the matter to this Department at the earliest.
(Prakash Nevatia)
Director (Establishment)
MINISTRY OF STATISTICS & PROGRAMME IMPLEMENTATION
GOVERNMENT ON INDIA
Hall No. 201 & 205, Vijay Stambh,
Zone I, Maharana Pratap Nagar,
Bhopal, dated 23/06/2011
To
The Joint Secretary,
Ministry of Statistics & Programme Implementation,
Sardar Patel Bhawan,
Sansad Marg, New Delhi-110001
Sub: Grant of Financial Upgradation in the Promotion hierarchy instead of grade pay hierarchy under the MACPS-forwarding of information regarding.
Sir,
This is in reference to DoPT letter No. 42012/1/2011-Estt. (D) dated 05/05/2011(copy enclosed), asking major Ministries of Government of India viz. Ministry of Railways, Defense, Urban Development, Home Affairs & Department of Posts to submit necessary information in respect of specific categories of employees where the MACPS is less advantageous than the erstwhile ACPS.
The erstwhile ACPS provided benefit of promotional hierarchy to LDCs & UDCs but the present MACPS gives the next Grade Pay only in the hierarchy and as a result the LDCs get only a nominal amount of Rs. 100 on granting 1st MACP for the valuable service rendered by them for 10 long years. Thus erstwhile ACPS is more beneficial for LDC & UDCs.
Since in most of the aforesaid Departments from where the DoPT information called for have already abolished the LDCs posts through cadre restructuring, these Departments may not be giving the details of these cadres especially the LDCs to the DoPT at their level.
It is therefore requested that a list containing the specific categories of employees including LDC & UDC to whom the MACP is less advantageous than ACPS may please be sent to the DoPT for a favorable decision from the Joint Anomaly Committee of MACP.
Yours faithfully
(TKR Pillai)
General Secretary
Annexure
Grant of financial upgradation in the promotion hierarchy instead of grade pay hierarchy under the MACPS- furnishing the information regarding.
No. 42012/1/2011-Estt(D)
Government of India
Ministry of Personal, Public Grievances and Pension
(Department of Personal & Training)
Establishment (D)
North Block, New Delhi
Dated 05th May, 2011.
Sub: Grant of financial upgradation in the promotion hierarchy instead of grade pay hierarchy under the MACPS-furnishing the information regarding.
Based on the discussion with staff side in 3rd meeting of the Joint Committee of Modified Assured Career Progression Scheme (MACPS) held on 15/3/2011 under the chairmanship of the Joint Secretary (Establishment) Department of Personal & Training, it has been decided that the necessary information in respect of specific categories of employees where the MACPS is less advantageous that the erstwhile ACPS may be called to from Ministries of Railways, Defense, Urban Development, Home Affairs and Department of Posts for taking a conscious Decision in the matter.
The Ministries of Railways, Defence, Urban Development, Home Affairs and Department of Posts are therefore requested to send their information in the matter to this Department at the earliest.
(Prakash Nevatia)
Director (Establishment)
Sunday, June 26, 2011
Circular dated 20/06/2011
Bhopal, dated 20/06/2011
Dear members,
You might have gone through the circular dated 3/3/2011 placed in the Association web site wherein I have tried to explain the latest position of working of the Association. You are aware that FOD had asked me to not write letters in the capacity as General Secretary since I hold a post with Rs. 4200/ grade pay. But several of the units of the Association have asked me to continue as General Secretary of the Association till next General Body Meeting accordingly we have requested the FOD/Department to allow me to continue till next General Body Meeting which was turned down.
It was brought to you that the Ministries/Departments except Ministry of Statistics & Programme Implementation have not implemented the DoPT order denying membership of Associations under JCM scheme to the cadres with grade pay 4200 onwards. The matter was put up in the Confederation CEC Meeting at Mumbai in the month of December 2010 and a resolution for giving member ship to all cadres which were under JCM scheme prior to 6th CPC was passed and sent to the DoPT. DoPT has referred the matter to Ministry of law for legal opinion. Looking to the possible delay in the Ministry of law, Confederation has asked the DoPT to issue a clarificatory instruction for statusquo of the existing Associations till a final order is issued by them, which is under consideration of the DoPT. Besides, Confederation has sent two letters to the Secretary, MoS & PI in this connection(copy enclosed in Annexure I & II)
On 22/03/2011 FOD wrote again to the Department for not allowing me to continue as General Secretary while forwarding the reply of the Association Joint Secretary (in which the FOD was requested to continue me as General Secretary till next General Body Meeting-Copy enclosed in Annexure III) to the Department. But a final decision is yet to come up from the Ministry. Meanwhile several of the issues which are to be taken up on priority basis are pending or the issues already put up to the FOD/Department are still pending there. In order to discuss these issues and taking suitable decisions, we have to convene the General Body Meeting of the Association. The normal period of the biennial General Body Meeting elapses on 14/7/2011. However, as per constitution we can extent the meeting by 3 months. Thus the meeting can be convened in the month of August or September 2011. Our Mumbai Unit was requested to organize the meeting at Mumbai. All Units are requested to send their opinion, if any, to the Association.
Attack on the Ministerial Staff by some members of Field ssociation:
Meanwhile it was reported that some members of the Association of Field Staff in the FOD are complaining against the Ministerial staff posted in some Regions. It had happened in Chennai, in Jabalpur and may be in many other regions. In Bhopal also in order to defame me one ex-member of the Association with the support of one or two persons of other Associations is continuously spreading lies against me. Most of them are aggrieved of the reason that the undersigned, while functioning as Assistant, try to follow the rules/procedures. I try to do work in the office in the same spirit that I do as General Secretary of the Association. If somebody desires that I should not do work as per rules and procedures, I can’t fulfill that desire. Likewise, in many Regions some staff appeared to be not happy with the Ministerial Staff due to the reason that they stick on the rules and procedures while putting up the papers. Since Ministerial Staff do the work on behalf of the Administration or on the instruction of the officers concerned, administration has to take care of the matter. But it is seen that in the case of Chennai, Ministerial staff was found punished by way of transferring Shri Kalai Selvan, which can be seen from the reply filed by them on 19/4/2011. We strongly feel that the FOD has transferred Shri Selven without considering the reply filed by the Ministerial Staff in its required importance.
Restructuring of the Ministerial Staff:
The restructuring proposals in respect of Ministerial staff have been sent to the Ministry by the FOD, Copy of the same is put in the Association e-mail aiams06@yahoo.com.
You are aware that the Department had asked the FOD to submit a proposal for restructuring of the Ministerial Staff in the month of July 2010(copy enclosed in Annexure IV). Even though the DPD & SDRD had sent proposal timely to the Ministry but FOD had not submitted the same until we make an appeal to the Director General on the matter (Copy enclosed in annexure V). Now the matter is under consideration of the Department/DoPT. For a meaningful and early restructuring sincere and continuous persuasion is required.
FOD’s call to appoint daily wages staff against the vacant posts of LDC, UDC & Assistant.
FOD through circular dated 3/6/2011 has asked the Regions to appoint skilled workers against the vacant posts of Assistant, UDC & LDC. This forced me to break my silence over the FOD instruction to not write letters as General Secretary of the Association. And I in the capacity as General Secretary have written a letter to the ADG in protest against the aforesaid circular (copy enclosed in annexure VI).
Merger of the posts of LDC & UDC & Upgradation of grade pay:
You were informed that the Confederation of Central Government Employees & Workers has put up an item in the National JCM for the merger of the posts of LDC & UDC & upgradation of the grade pay. But the meeting of the National JCM has not been conducted since the inclusion of this item in the agenda. In this respect, I as a citizen have sought information from DoPT under RTI Act (copy enclosed in annexure VII). Earlier Shri Pinaki Acharya, JCM Member of the Association was sought some information on the matter from the DoPT for which DoPT has not given any clear reply.
Hon’ble Minister’s visit at DPD Hqrs:
The Hon’ble Minister, MoS & PI has visited DPD Hqrs on 13/6/11. On this occasion our Association units, working at Kolkata handed over a memorandum containing the demands of the Ministerial Staff, which include the early implementation of the restructuring of the Ministerial Staff, to him. According to our DPD unit’s report the Minister assured them of doing all efforts for early implementation of the restructuring.
With warm greetings,
Yours Sincerely
(TKR Pillai)
General Secretary
Dear members,
You might have gone through the circular dated 3/3/2011 placed in the Association web site wherein I have tried to explain the latest position of working of the Association. You are aware that FOD had asked me to not write letters in the capacity as General Secretary since I hold a post with Rs. 4200/ grade pay. But several of the units of the Association have asked me to continue as General Secretary of the Association till next General Body Meeting accordingly we have requested the FOD/Department to allow me to continue till next General Body Meeting which was turned down.
It was brought to you that the Ministries/Departments except Ministry of Statistics & Programme Implementation have not implemented the DoPT order denying membership of Associations under JCM scheme to the cadres with grade pay 4200 onwards. The matter was put up in the Confederation CEC Meeting at Mumbai in the month of December 2010 and a resolution for giving member ship to all cadres which were under JCM scheme prior to 6th CPC was passed and sent to the DoPT. DoPT has referred the matter to Ministry of law for legal opinion. Looking to the possible delay in the Ministry of law, Confederation has asked the DoPT to issue a clarificatory instruction for statusquo of the existing Associations till a final order is issued by them, which is under consideration of the DoPT. Besides, Confederation has sent two letters to the Secretary, MoS & PI in this connection(copy enclosed in Annexure I & II)
On 22/03/2011 FOD wrote again to the Department for not allowing me to continue as General Secretary while forwarding the reply of the Association Joint Secretary (in which the FOD was requested to continue me as General Secretary till next General Body Meeting-Copy enclosed in Annexure III) to the Department. But a final decision is yet to come up from the Ministry. Meanwhile several of the issues which are to be taken up on priority basis are pending or the issues already put up to the FOD/Department are still pending there. In order to discuss these issues and taking suitable decisions, we have to convene the General Body Meeting of the Association. The normal period of the biennial General Body Meeting elapses on 14/7/2011. However, as per constitution we can extent the meeting by 3 months. Thus the meeting can be convened in the month of August or September 2011. Our Mumbai Unit was requested to organize the meeting at Mumbai. All Units are requested to send their opinion, if any, to the Association.
Attack on the Ministerial Staff by some members of Field ssociation:
Meanwhile it was reported that some members of the Association of Field Staff in the FOD are complaining against the Ministerial staff posted in some Regions. It had happened in Chennai, in Jabalpur and may be in many other regions. In Bhopal also in order to defame me one ex-member of the Association with the support of one or two persons of other Associations is continuously spreading lies against me. Most of them are aggrieved of the reason that the undersigned, while functioning as Assistant, try to follow the rules/procedures. I try to do work in the office in the same spirit that I do as General Secretary of the Association. If somebody desires that I should not do work as per rules and procedures, I can’t fulfill that desire. Likewise, in many Regions some staff appeared to be not happy with the Ministerial Staff due to the reason that they stick on the rules and procedures while putting up the papers. Since Ministerial Staff do the work on behalf of the Administration or on the instruction of the officers concerned, administration has to take care of the matter. But it is seen that in the case of Chennai, Ministerial staff was found punished by way of transferring Shri Kalai Selvan, which can be seen from the reply filed by them on 19/4/2011. We strongly feel that the FOD has transferred Shri Selven without considering the reply filed by the Ministerial Staff in its required importance.
Restructuring of the Ministerial Staff:
The restructuring proposals in respect of Ministerial staff have been sent to the Ministry by the FOD, Copy of the same is put in the Association e-mail aiams06@yahoo.com.
You are aware that the Department had asked the FOD to submit a proposal for restructuring of the Ministerial Staff in the month of July 2010(copy enclosed in Annexure IV). Even though the DPD & SDRD had sent proposal timely to the Ministry but FOD had not submitted the same until we make an appeal to the Director General on the matter (Copy enclosed in annexure V). Now the matter is under consideration of the Department/DoPT. For a meaningful and early restructuring sincere and continuous persuasion is required.
FOD’s call to appoint daily wages staff against the vacant posts of LDC, UDC & Assistant.
FOD through circular dated 3/6/2011 has asked the Regions to appoint skilled workers against the vacant posts of Assistant, UDC & LDC. This forced me to break my silence over the FOD instruction to not write letters as General Secretary of the Association. And I in the capacity as General Secretary have written a letter to the ADG in protest against the aforesaid circular (copy enclosed in annexure VI).
Merger of the posts of LDC & UDC & Upgradation of grade pay:
You were informed that the Confederation of Central Government Employees & Workers has put up an item in the National JCM for the merger of the posts of LDC & UDC & upgradation of the grade pay. But the meeting of the National JCM has not been conducted since the inclusion of this item in the agenda. In this respect, I as a citizen have sought information from DoPT under RTI Act (copy enclosed in annexure VII). Earlier Shri Pinaki Acharya, JCM Member of the Association was sought some information on the matter from the DoPT for which DoPT has not given any clear reply.
Hon’ble Minister’s visit at DPD Hqrs:
The Hon’ble Minister, MoS & PI has visited DPD Hqrs on 13/6/11. On this occasion our Association units, working at Kolkata handed over a memorandum containing the demands of the Ministerial Staff, which include the early implementation of the restructuring of the Ministerial Staff, to him. According to our DPD unit’s report the Minister assured them of doing all efforts for early implementation of the restructuring.
With warm greetings,
Yours Sincerely
(TKR Pillai)
General Secretary
Annexure I- Confederation letter to Secretary, MoS & PI
CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS
A-2/95, Manishinath Bhawan, Rajouri Garden, New Delhi-110027
Website:www.confederationhq.blogspot.com. Email:Confederation06@yahoo.co.in
Tel:011-25105324: Mobile:9811048303
D/16/2011 dated 6/1/2011
To
The Secretary
Ministry of Statistics & Programme Implementation
Sardar Patel Bhawan
New Delhi-11001
Sub: De-recognition of service Association –Reg:
Ref: O.M. No. B-12011/1/2008-Ad.III dated 10.12.10 addressed to TKR Pillai, General
Secretary, All India Association of Ministerial Staff (Group C), NSSO (FOD), Bhopal.
Sir,
Our attention has been drawn to the stand taken by the Ministry that the existing All India Association of Ministerial Staff (Group C), NSSO (FOD) Bhopal has to be bifurcated into Ministerial Staff Group B and Ministerial Staff Group C following guidelines on classification issued by the DOPT.
In this connection it is to be stated that so long as the recruitment rules are not changed, the classification of the post of Assistant with grade Pay 4200 would continue to be group ‘C’. Until the revised recruitment rules for the post of Assistant NSSO (FOD) are promulgated, the Assistants in the Department may not be legally classified as Group B. This is more because of the fact that no rules promulgated under Article 309 of the Constitution could be altered by executive fiats. As such the General Secretary of the All India Association of Ministerial Staff (Gr. C), NSSO (FOD), Bhopal has to be allowed to function as General Secretary till the next conference is held and someone elected as General Secretary or the recruitment rules are amended whichever is earlier. This apart the Staff side has already taken up the issue of classification and its impact on the recognition rules with the Department of Personal.
We, therefore, request you to kindly issue necessary direction to the concerned that the Status quo may be maintained till the amendment to the recruitment rules are notified or some one is elected as the General Secretary at the next conference.
Thanking you,
Yours faithfully
Sd/
KKN Kutty
Secretary General
Copy to: Com. TKR Pillai, Gl. Secretary, All India Association of Ministerial Staff (Gr C), NSSO(FOD), Bhopal.
A-2/95, Manishinath Bhawan, Rajouri Garden, New Delhi-110027
Website:www.confederationhq.blogspot.com. Email:Confederation06@yahoo.co.in
Tel:011-25105324: Mobile:9811048303
D/16/2011 dated 6/1/2011
To
The Secretary
Ministry of Statistics & Programme Implementation
Sardar Patel Bhawan
New Delhi-11001
Sub: De-recognition of service Association –Reg:
Ref: O.M. No. B-12011/1/2008-Ad.III dated 10.12.10 addressed to TKR Pillai, General
Secretary, All India Association of Ministerial Staff (Group C), NSSO (FOD), Bhopal.
Sir,
Our attention has been drawn to the stand taken by the Ministry that the existing All India Association of Ministerial Staff (Group C), NSSO (FOD) Bhopal has to be bifurcated into Ministerial Staff Group B and Ministerial Staff Group C following guidelines on classification issued by the DOPT.
In this connection it is to be stated that so long as the recruitment rules are not changed, the classification of the post of Assistant with grade Pay 4200 would continue to be group ‘C’. Until the revised recruitment rules for the post of Assistant NSSO (FOD) are promulgated, the Assistants in the Department may not be legally classified as Group B. This is more because of the fact that no rules promulgated under Article 309 of the Constitution could be altered by executive fiats. As such the General Secretary of the All India Association of Ministerial Staff (Gr. C), NSSO (FOD), Bhopal has to be allowed to function as General Secretary till the next conference is held and someone elected as General Secretary or the recruitment rules are amended whichever is earlier. This apart the Staff side has already taken up the issue of classification and its impact on the recognition rules with the Department of Personal.
We, therefore, request you to kindly issue necessary direction to the concerned that the Status quo may be maintained till the amendment to the recruitment rules are notified or some one is elected as the General Secretary at the next conference.
Thanking you,
Yours faithfully
Sd/
KKN Kutty
Secretary General
Copy to: Com. TKR Pillai, Gl. Secretary, All India Association of Ministerial Staff (Gr C), NSSO(FOD), Bhopal.
Annexure II- Confederation letter to Secretary, MoS & PI
CONFEDERATION OF CENTRAL GOVERNMENT
EMPLOYEES AND WORKERS
Manishinath Bhawan, A/2/95 Rajouri Garden
New Delhi.110 027
Website: www..confederationhq.blogspot.com
Email; confederation06@yahoo.co.in
Phone : 011-25105324, 9811048303
No.D/16/2011 Date:20.05.2011
To
The Secretary,
Ministry of Statistics & Programme Implementation,
Sardar Patel Bhawan,
New Delhi – 110 001
Dear Sir,
Sub: De-recognition of service association – Regarding
Ref.: O.M.No.B-12011/2/2008-Ad.III dated 10.12.2010.
We solicit your kind reference to our letter of even No.D/16/2011 dated 6/1/2011, copy of which is enclosed for ready reference.
In our letter under reference, we had requested that the status-quo of the recognized Associations may be maintained till such time the Recruitment rules of the respective cadres as per the guidelines of the DOPT are amended by the Ministry. We had requested for the interim arrangements for the following two reasons.
(i) The DOPT guidelines ipso facto will not bring about changes in the RR as the RR are statutory rules to be notified in the Gazette of India Extra-ordinary. No doubt it is mandatory on the part of the concerned Ministry to make necessary amendments but they are to follow the prescribed procedure set for doing so. Until the requisite amendments are carried out, it is not correct to ask the recognized Unions/Associations to make necessary changes in the Constitution thereof as employees are likely to be recruited/appointed/promoted on the basis of extant rules.
(ii) Even after the changes effected in the RR, the Unions are to be afforded some reasonable time to make the consequential changes as they are to be made as per the procedure laid down in the constitution.
(iii) This apart, it is not necessary that the categorization agreed to under the CCS(RSA) Rules must be changed consequent upon the categorization of different Groups as both are independent regulations. What best could be insisted upon is that the issues pertaining to Group B and A, officers must not be raised in the JCM as also that the representatives nominated by the Union to the JCM must not be holding positions in Gr.B or A. cadres.
There appears to be an undue haste on the part of the Ministry in asking the present General Secretary, Shri T.K.R. Pillai of the All India Association of Ministerial Staff (Group C) (Ministry of Statistics & Programme Implementation) NSSO, FOD, Bhopal to bifurcate the existing Union and not to allow the present incumbent to function as General Secretary. If he is prevented from functioning as General Secretary, it is incomprehensible as to who will be authorized to carry out the directive issued by the Ministry to effect necessary changes in the approved constitution of the Union. Under the extant provision of the constitution approved by the Ministry, there is no provision to authorize anybody other than the General Secretary to convene the meeting ordinary or extraordinary..
We regret to inform you Sir, that we were not favoured with even an acknowledgement of the receipt of our letter under reference. Nor is it known to us as to what action was taken by the Ministry on our earlier letter, whereas Ms.Yeshodhara Vijayan, Under Secretary in the Ministry of Statistics and Programme Implementation has again written to Shri T.K.R.Pillai addressed to him in his capacity as Assistant NSSO (FOD) not to make any correspondence on behalf of the Association styling himself as General Secretary, which position the Ministry had reorganized prior to the issuance of Guidelines by the DOPT. In this connection, we also send herewith a copy of our letter addressed to the Joint Secretary (E) in DOPT, which explains the point staff side wanted the Govt. to appreciate.
In view of the foregoing, we once again request you to kindly issue necessary direction to the concerned to maintain the status quo at least till the requisite amendments to RR are made.
Thanking you,
Yours faithfully,
K K N Kutty
Secretary General
Copy to: Com. TKR Pillai, Gl. Secretary, All India Association of Ministerial Staff (Gr C), NSSO(FOD), Bhopal.
EMPLOYEES AND WORKERS
Manishinath Bhawan, A/2/95 Rajouri Garden
New Delhi.110 027
Website: www..confederationhq.blogspot.com
Email; confederation06@yahoo.co.in
Phone : 011-25105324, 9811048303
No.D/16/2011 Date:20.05.2011
To
The Secretary,
Ministry of Statistics & Programme Implementation,
Sardar Patel Bhawan,
New Delhi – 110 001
Dear Sir,
Sub: De-recognition of service association – Regarding
Ref.: O.M.No.B-12011/2/2008-Ad.III dated 10.12.2010.
We solicit your kind reference to our letter of even No.D/16/2011 dated 6/1/2011, copy of which is enclosed for ready reference.
In our letter under reference, we had requested that the status-quo of the recognized Associations may be maintained till such time the Recruitment rules of the respective cadres as per the guidelines of the DOPT are amended by the Ministry. We had requested for the interim arrangements for the following two reasons.
(i) The DOPT guidelines ipso facto will not bring about changes in the RR as the RR are statutory rules to be notified in the Gazette of India Extra-ordinary. No doubt it is mandatory on the part of the concerned Ministry to make necessary amendments but they are to follow the prescribed procedure set for doing so. Until the requisite amendments are carried out, it is not correct to ask the recognized Unions/Associations to make necessary changes in the Constitution thereof as employees are likely to be recruited/appointed/promoted on the basis of extant rules.
(ii) Even after the changes effected in the RR, the Unions are to be afforded some reasonable time to make the consequential changes as they are to be made as per the procedure laid down in the constitution.
(iii) This apart, it is not necessary that the categorization agreed to under the CCS(RSA) Rules must be changed consequent upon the categorization of different Groups as both are independent regulations. What best could be insisted upon is that the issues pertaining to Group B and A, officers must not be raised in the JCM as also that the representatives nominated by the Union to the JCM must not be holding positions in Gr.B or A. cadres.
There appears to be an undue haste on the part of the Ministry in asking the present General Secretary, Shri T.K.R. Pillai of the All India Association of Ministerial Staff (Group C) (Ministry of Statistics & Programme Implementation) NSSO, FOD, Bhopal to bifurcate the existing Union and not to allow the present incumbent to function as General Secretary. If he is prevented from functioning as General Secretary, it is incomprehensible as to who will be authorized to carry out the directive issued by the Ministry to effect necessary changes in the approved constitution of the Union. Under the extant provision of the constitution approved by the Ministry, there is no provision to authorize anybody other than the General Secretary to convene the meeting ordinary or extraordinary..
We regret to inform you Sir, that we were not favoured with even an acknowledgement of the receipt of our letter under reference. Nor is it known to us as to what action was taken by the Ministry on our earlier letter, whereas Ms.Yeshodhara Vijayan, Under Secretary in the Ministry of Statistics and Programme Implementation has again written to Shri T.K.R.Pillai addressed to him in his capacity as Assistant NSSO (FOD) not to make any correspondence on behalf of the Association styling himself as General Secretary, which position the Ministry had reorganized prior to the issuance of Guidelines by the DOPT. In this connection, we also send herewith a copy of our letter addressed to the Joint Secretary (E) in DOPT, which explains the point staff side wanted the Govt. to appreciate.
In view of the foregoing, we once again request you to kindly issue necessary direction to the concerned to maintain the status quo at least till the requisite amendments to RR are made.
Thanking you,
Yours faithfully,
K K N Kutty
Secretary General
Copy to: Com. TKR Pillai, Gl. Secretary, All India Association of Ministerial Staff (Gr C), NSSO(FOD), Bhopal.
Annexure III
ALL INDIA ASSOCIATION OF MINISTERIAL STAFF (GROUP C)
MINISTRY OF STATISTICS & PROGRAMME IMPLEMENTATION
N. Basu
Joint Secretary
164, GLT Road, Kolkata-700108
Ref No. AIAMS (Gr. C)/DPD/Kol/10-11 dated 14th February 2011th February 2011
To
The Director (Admn),
NSSO(FOD)
East Block No. 6, Level 4-7,
R.K. Puram, New Delhi 110066
(Kind Attn.: Mr. V.K. Siljo, Deputy Director)
Sub: Recognition of Association under CCS (RSA) Rules 1993, as a result of implementation of recommendations of the 6th CPC and DoPT order-Reg.
Respected Sir,
As per your letter No. B-12017/1/2009-JCM dated 19.1.2011 regarding definition of revised categories of employees for the purpose of fresh recognition of an Association under CCS (RSA) Rules 1993, as a result of Implementation of the recommendations of 6th CPC and also due to DoPT order dated 9/4/2009, reclassifying some of the posts as Gr B which were earlier group C. It is to be stated that so long the recruitment rules for the post of Assistants in NSSO Offices are promulgated; the Assistants in the Department may not be legally classified as Group B. As such, I am earnestly requesting you to be kind enough to allow Mr. TKR Pillai, our General Secretary to continue the charge as General Secretary of AIAMS (Gr. C) till the next biennial General Body Meeting 2011 (usually held in the 3rd week of June ) or amendment of recruitment rules whichever is earlier.
Apart from this, Staff Side National JCM has already taken up the issue of classification and its impact on the recognition rules with the DoPT.
In the light of the above, we would request you to kindly issue necessary direction to the concerned that the Status quo may be maintained till the amendment to the recruitment rules are notified or someone is elected as the General Secretary at the next General Body meeting.
Thanking you
Yours faithfully
(N. Basu)
Jt. Secretary
Copy to: Mr. TKR Pillai, GS.
MINISTRY OF STATISTICS & PROGRAMME IMPLEMENTATION
N. Basu
Joint Secretary
164, GLT Road, Kolkata-700108
Ref No. AIAMS (Gr. C)/DPD/Kol/10-11 dated 14th February 2011th February 2011
To
The Director (Admn),
NSSO(FOD)
East Block No. 6, Level 4-7,
R.K. Puram, New Delhi 110066
(Kind Attn.: Mr. V.K. Siljo, Deputy Director)
Sub: Recognition of Association under CCS (RSA) Rules 1993, as a result of implementation of recommendations of the 6th CPC and DoPT order-Reg.
Respected Sir,
As per your letter No. B-12017/1/2009-JCM dated 19.1.2011 regarding definition of revised categories of employees for the purpose of fresh recognition of an Association under CCS (RSA) Rules 1993, as a result of Implementation of the recommendations of 6th CPC and also due to DoPT order dated 9/4/2009, reclassifying some of the posts as Gr B which were earlier group C. It is to be stated that so long the recruitment rules for the post of Assistants in NSSO Offices are promulgated; the Assistants in the Department may not be legally classified as Group B. As such, I am earnestly requesting you to be kind enough to allow Mr. TKR Pillai, our General Secretary to continue the charge as General Secretary of AIAMS (Gr. C) till the next biennial General Body Meeting 2011 (usually held in the 3rd week of June ) or amendment of recruitment rules whichever is earlier.
Apart from this, Staff Side National JCM has already taken up the issue of classification and its impact on the recognition rules with the DoPT.
In the light of the above, we would request you to kindly issue necessary direction to the concerned that the Status quo may be maintained till the amendment to the recruitment rules are notified or someone is elected as the General Secretary at the next General Body meeting.
Thanking you
Yours faithfully
(N. Basu)
Jt. Secretary
Copy to: Mr. TKR Pillai, GS.
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