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Tuesday, January 5, 2021

Payment of Dearness Allowance to Central Government employees

 


To                                                                                          

The Secretary General

Confederation of CG Employees and Workers

Subject: Payment of Dearness Allowance to   Central Government employees and Dearness Relief to Central Government pensioners at current rates due to improved covid and financial situation in the country .

Comrade,

                  Vide Office Memorandum dated 23rd April, 2020 of  Government of India Ministry of Finance , Department of Expenditure letter No. 1/1/2020-E-II-B,  the additional  DA for CG employees and DR for pensioners was freezed  from  1st January 2020  till 1st July  2021 due to the reason “view of the crisis arising out of COVID-19”.  These orders are applicable to all Central Government employees and Central Government pensioners. Which has affected both the serving employees and pensioners and especially to those who have retired during the period 1st Jan 2020 to 1st Jan 2021.

               The Covid-19 situation in India has improved considerably and under control with a vast population of the country are unaffected by the Covid-19, The Covid cases in September 2020 was around 95,000 cases daily , on 4th  January 2021 is around17,000 cases which is lowest in six months, with less mortality rate. 

The economy ic situation in the country has also improved compared to April- May 2020 situation, where the industrial production had gone down to minus 57% and in October to plus 3.6 %  Industrial production has vastly improved with a recovery , the financial position of the country has also improved considerably the GST collections has shown a positivity in last four months .


Month

GST collection in rupees cores

March, 2020

97,597

September, 2020

95,480

October2020

1,05,155

November 2020

1,04,963

December 2020

1.15,000

The Goods and Service Tax collection for December 2020 touched a record high of Rs 1.15 lakh crore. This is the highest ever collections since the implementation of the countrywide tax in July 2017.

 

The Central Government employees have attended their assigned duties even during the pandemic situation, many have lost their sacrificed their life for the nation building, hence there contribution should be taken into the account.

The additional financial implication on account of this increase in Dearness Allowance for additional 11% DA is due which works out to 13,000 crores annually, which is manageable under the existing financial conditions , more over this  will benefit about 49.93 lakh Central Government employees and 65.26 lakh pensioners who pump this money into the market which also improves the economy considerably and about 30% of the amount spent is collected back by the Government by way of taxes.     

As the Covid situation is under control and economic situation in the country has also improved considerably it is requested to take up the issue of grant of Payment of Dearness Allowance to   Central Government employees and Dearness Relief to Central Government pensioners at current rates which is 28% as on 1st January 2021.

                                                                              Comradely yours

                                                                                 (P.S.Prasad)

                                                                         Working President

 

 

     

 

Friday, January 1, 2021

CPI and DA -November 2020

 The All-India CPI-IW for November, 2020 increased by 0.4 points and stood at 119.9 (one hundred nineteen and point nine).

DA as on 1st December 2020 is 27.72%.

DA as on 1st January 2021 is 28% confirmed . 

Monday, November 30, 2020

Consumer Price Index October 2020 and DA

 

Consumer Price Index for Industrial Workers - October 2020 

The All-India Consumer Price Index for Industrial Workers (CPI-IW) for October, 2020 for base year 2016 increased by 1.4 points and stood at 119.5 (one hundred nineteen and point five). 

CPI(IW) BY 2001=100=344 thus increased by 4 points. 

DA as on October  2020 is 27.26 %. 

Expected  DA for the month of January 2021 is 28% .

Wednesday, October 21, 2020

Bonus 2019-20

 

Cabinet approves Productivity Linked Bonus and non-Productivity Linked Bonus 

for 2019-2020

Posted On: 21 OCT 2020 3:24PM by PIB Delhi

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi, has given its approval to pay Productivity Linked Bonus (PLB)for the year 2019-2020 to 16.97 lakh non-gazetted employees of commercial establishments like Railways, Posts, Defence, EPFO,ESIC,etc.will be benefitted and the financial implication would be Rs.2,791 crore.

Non-PLB or ad-hoc Bonus is given to Non-Gazetted Central Government employees. 13.70 lakh employees would be benefited and Rs.946 crore will be the financial implication for the same.

A total of 30.67 lakh employees would be benefited by the Bonus announcement and total financial implication will be Rs 3,737 crore.

Payment of Bonus to non-gazetted employees for their performance in the preceding year is usually made before Durga Puja/Dussehra season. The Government is announcing the Productivity Linked Bonus (PLB) and ad hoc bonus for its non-gazetted employees to be disbursed immediately.

Monday, October 19, 2020

All India General Strike on 26th November

CHARTER OF DEMAND

 1.    Scrap New Contributory Pension Scheme (NPS). Restore old defined benefit Pension Scheme (OPS) to all employees. Guarantee 50% of the last pay drawn as minimum pension.

 

         2.     (a) Scrap the draconian FR 56((j) & (I) and Rule 48 of CCS (Pension) Rules 1972. Stop terrorizing and victimising employees.

(b)  Withdraw the attack against the recognised status of Associations and Federations.

 

(c)  Withdraw the anti-worker Wage/Labour codes and other anti-labour reforms.

 

(d)  Stop attack on trade union rights.

 

      3.   (a) Withdraw the orders freezing the DA and DR of             employees and Pensioners and impounding of arrears till 30-06-2021.

 

(b) Implement five year wage revision and Pension revision to Central Government employees and Pensioners. Appoint 8th Central Pay Commission and revise the Pay, Allowances and Pensionary benefits of Central Government employees and Pensioners with effect from 01-01­2021.

 

(c)  Honour the assurance given by Group of Ministers (GoM) to NJCA leaders on 30-06-2016. Increase minimum pay and fitment formula recommended by 7th CPC. Grant HRA arrears from 01-01-2016.

 

(d)  Withdraw "Very Good" bench mark for MACP, grant promotional heirarchy and date of effect of MACP from 01-01-2006.

 

(e)  Grant Option-1 parity recommended by 7th CPC to all Central Govt. Pensioners. Grant one notional increment to those who retired on 30th June.

 

(f)  Settle all anomalies arising out of 7th CPC implementation.

 

4.   Stop ban on creation of new posts. Fill up all seven lakhs vacant posts in Central Government departments in a time bound manner. Scrap National Recruitment Agency and introduce Department wise recruitment and Regional recruitment for Group B and C posts. Stop re-engaging retired personnel in Central Govt. services.

 

5.   Stop Corporatisation and privatisation of Railways, Defence and Postal Departments. Withdraw closure/merger orders of Govt. of India Printing Presses and Postal Stores depots/Postal Stamp depots. Stop proposed move to close down salt department. Stop outsourcing and closure of Govt. establishments.

 

6.   (a)  Regularisation of Gramin Dak Sevaks and grant of Civil Servants status. Implement remaining positive recommendations of Kamalesh Chandra Committee Report.

 

(b) Regularise all casual and contract workers including those joined service on or after 01-09-1993.

 

7.   Settle all Covid-9 related issues pertaining to Central Govt. employees and Pensioners on top priority basis. Treat the period of absence during lock down as duty. Grant full wages to casual, part-time, contingent and contract workers during the lock down period.

 

8.   Grant equal pay for equal work for all. Remove disparity in pay scales between Central Secretariat staff and similarly placed staff working in field units of various departments.

 

9.   Implement 7th CPC wage revision and pension revision to remaining Autonomous body employees and pensioners. Ensure payment of full arrears without further delay. Grant Bonus to Autonomous body employees pending from 2016­17 onwards.

 

10.  Remove arbitrary 5% ceiling imposed on compassionate appointments. Grant appointment in all eligible cases.

 

11.  Grant five time-bound promotions to all Group B & C employees. Complete cadre review in all departments in a time bound manner.

 

12.  Ensure prompt functioning of various negotiating forums under the JCM Scheme at all levels.

 

Sunday, October 18, 2020

OBSERVE 20th OCTOBER 2020 TUESDAY AS "GRANT BONUS DAY."

 No. Confd./Circular-2020                                                             Dated : 17th October-2020

URGENT

CIRCULAR 

OBSERVE 20th OCTOBER 2020 TUESDAY AS

"GRANT BONUS DAY."

---------------------------------------------

HOLD PROTEST DEMONSTRATIONS (OBSERVING COVID PROTOCOL) AT ALL CENTRES AND IN FRONT OF ALL OFFICES.

-----------------------------------------------

Dear Comrades,

This year's Bonus to Central Government Employees is not yet declared by the Central Government.  Normally, every year Bonus is declared before the second week of October. We suspect some hidden agenda behind the deliberate delay on the part of the Government.  From 1978 onwards Central Government Employees are paid Bonus without any interruption. Bonus is a product of historic strike of Railway employees under the banner of Railway Federations and other Central Government Employees under the banner of Confederation of Central Government Employees and Workers. Any attempt to deny Bonus under any pretext cannot be tolerated. 

        Confederation of Central Govt. Employees and Workers calls upon the entirety of Central Government Employees including Gramin Dak Sevaks to hold protest demonstrations all over India at all centres and also in front of all offices (observing Covid protocol) on 20th October 2020, Tuesday. Railway Federations have also given a similar call for protest demonstrations on 20.10.2020. Let us be ready for strike with short notice if circumstances demand.

                                                                             Yours fraternally,

                                                           

R.N. Parashar

                                                            Secretary General

                                               Confederation of CGE &Workers

Thursday, October 8, 2020

Is the FR 56J a real threat to CG employees or not view by Com P.S.Prasad working President COC Karnataka.

 

 

Fundamental Rules 56(j), 56(l) and Rule 48 of Central Civil Services (Pension) Rules 1972 is it a real threat to Central Government employees or not a view by Com P.S.Prasad working President COC Karnataka. 

Periodic Review of Central Government Employees for strengthening of administration under Fundamental Rule (FR) 560)1(l) and Rule 48 of CCS (Pension) Rules, 1972 the latest orders issued on 8th August 2020 issued by DoPT  has  raised the many questions, doubts and fear amongst the Central Government employees especially amongst the trade union activist .   

About the rule:

As per FR 56 (j) Group A and B officers who entered service before the age of 35 years can be prematurely retired in the public interest, on attaining the age of 50 years or more. If the officer has entered service after 35 years of age, he can be prematurely retired from service in the public interest on attaining the age of 55 years or more.

As per FR 56(l) an employee belonging to Group-C service or post who is not governed by any pension Rules, can be prematurely retired from service in the public interest after he has completed 30 years of service.

Rule 48(i)(b) of CCS (Pension) Rules 1972 empowers the appropriate authority to prematurely retire in the public interest, at any time after a Government servant has completed 30 years qualifying service. Before compulsorily retiring an official under these rules, three months show cause notice is to be served. If the authority wants the employee to be retired immediately, three months salary is to be paid in lieu of three month’s show cause notice.

Now let us discuss about the process of premature retirement :

a)     The list of persons who have completed 50/55 years of age or 30 years’ service of service is collected by the lower level office and sent to head office along with following documents and kept in a register . Along with the Annual Performance and Appraisal Report (APAR) of last five years will be taken into consideration which includes Integrity report, leave records for the last 5 years, EOL , Medical leave etc.

Which are the important factors which the Central Government employees should be careful:

1)     The most important aspect is that Annual Performance and Appraisal Report (APAR)  report, The importance of APAR is in the interest of service and also of the officer. His work, conduct, character and capabilities can be accurately judged from the recorded opinion, A two tier system of reporting has been provided to minimise the operation of subjective human element and conscious/unconscious bias in reporting ie  Reporting officer  and Reviewing Officer. Adverse remarks are to be communicated within a period of one month from the date they are recorded, which should be done within one month of the expiry of the report period.

2)     There is no specified bench marks mentioned, generally good or 5 or higher grading is required. The non-performance employee will be shortlisted by the committee. 

3)     The integrity part is also important a general good behaviour at work spot is sufficient, which is reflected in the Annual Performance and Appraisal Report (APAR), general written as integrity beyond doubt.

4)     The leave records of the employee which includes EOL, medical leave, the habitual employee who have been on continuous leave will be shortlisted by the committee.

If the above Annual Performance and Appraisal Report (APAR)  is good along with leave records then nothing to worry.  If employee APAR grading is not good and habitual habit of taking leave then that case will be referred to the committee for consideration. 

Participating in trade union activities:

The participating in trade union activities doesn’t attract any adverse effect on the employee as the associations are recognised by the Government of India, right of expression is the fundamental right.    

Two fundamental rights of the citizen of India are as follows.

 

1)     Right to Protest:  In India, fundamental rights are considered a very essential component of the basic structure of the constitution which cannot be violated in any case. These fundamental rights protect the rights of the citizens and provide remedies in case of its infringement.

2)   Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction.

 

Constitution Rights:

Article 10 protects your right to hold your own opinions and to express them freely without government interference. This includes the right to express your views aloud (for example through public protest and demonstrations) or through: published articles, books or leaflets television or radio broadcasting

The right to protest peacefully is enshrined in the Indian Constitution—Article 19(1)(a) guarantees the freedom of speech and expression; Article 19(1)(b) assures citizens the right to assemble peaceably and without arms.

The latest orders issued on 8th August 2020 issued by DoPT  states all cases shall be examined by the committee as per the  Broad Criteria to be followed by the Review Committee:

Composition of Review and Representation Committee:

The concerned Secretary of the Cadre Controlling Authority (CCA) will constitute Review Committees of two members at appropriate level as under :-

(i)                In case of officers holding Group A posts :- Review Committee shall be headed by the Secretary of the concerned CCA. Where there are Boards viz CBDT, CBEC, Railway Board, 3 Postal Board, Telecom Commission etc, the Review Committee shall be headed by the Chairman of such Board.

(ii)              In case of Group B (Gazetted) officers :- Additional Secretary/Joint Secretary level officer shall head the Review Committee.

(iii)           In the case of Non-Gazetted employees :- (a) An officer of the level of Joint Secretary will head the Committee. However, in case the Appointing Authority is lower in rank than a Joint Secretary, then an officer of the level of Director/Deputy Secretary will be the head.

Broad Criteria to be followed by the Review Committee :-

 The broad criteria to be followed by the Review Committee while making the recommendations are as follows:-

(i)                Government servants whose integrity is doubtful, shall be retired.

(ii)              Government servants found to be ineffective shall also be retired. The basic consideration in identifying such Government servants should be their fitness/competence to continue in the post held.

(iii)            No Government servant should ordinarily be retired on ground of ineffectiveness, if, in any event, he would be retiring on superannuation within a period of one year from the date of consideration of his case. However, in a case where there is a sudden and steep fall in the competence, efficiency or effectiveness of a Government servant, it would be open to review such a case also for premature retirement. The said instruction of not retiring the Government servant within one year on the ground of ineffectiveness except in case of sudden and steep fall in his performance is relevant only when he is proposed to be retired on the ground of ineffectiveness, but not on the ground of doubtful integrity.

(iv)            No Government servant should ordinarily be retired on ground of ineffectiveness, if, his service during the preceding 5 years or where he has been promoted to a higher post during that 5 year period, his service in the highest post, has been found satisfactory. There is no such stipulation, however, where the Government servant is to be retired on grounds of doubtful integrity. In case of those Government servants who have been promoted during the last 5 years, the previous entries in the ACRs may be taken into account if he was promoted on the basis of seniority cum fitness, and not on the basis of merit.

(v)               The entire service record of a Government servant should be considered at the time of review. The expression 'service record' refers to all relevant records and therefore, the review should not be confined to the consideration of the ACR/APAR dossier. The personal file of the Government servant may contain valuable material. Similarly, his work and service.

Before deciding to retire an official prematurely, the recommendations of the “review committee” constituted under these rules, should be obtained by the Appointing authority. An employee who receive three months show cause notice or immediate retirement orders, can file a representation requesting to review the orders before the “Representation Committee” duly constituted by each department, within three weeks from the date of service of notice or order.  The basic consideration in identifying such employee should be the fitness/competence of the employee to continue in the post which he/she is holding.

Representation against Premature Retirement :-

After issue of the orders of premature retirement, the concerned Government servant may put up representation for orders otherwise, within three weeks from the date of service of such notice / order and the matter may be placed before Representation Committee  along with fresh input, if any. The examination of the representation should be completed by the Cadre Authorities within two weeks from the date of receipt of representation. The Representation Committee considering the representation shall make its recommendations within two weeks from the date of receipt of the reference from the Cadre Authorities concerned and the Appropriate/Appointing Authority should pass its orders within two weeks from the date of receipt of the recommendations of Representation Committee.

Supreme Court Judgements:

There are various Supreme Court Judgements in this regards.

  In case of K. Kandaswamy vs Union Of India & Anr, 1996 AIR 277, 1995 SCC (6) 162 is relevant here. In this case, the apex court upheld the decision of the Government and held that:- "The rights - constitutional or statutory - carry with them corollary duty to maintain efficiency, integrity and dedication to public sen/ice. Unfortunately, the latter is being overlooked and neglected and the former unduly gets emphasised. The appropriate Government or the authority would, therefore, need to consider the totality of the facts and circumstances appropriate in each case and would form the opinion whether compulsory retirement of a Government employee would be in the public interest. The opinion must be based on the material on record; otherwise it would amount to arbitrary or colourable exercise of power."

In the judgement in the case of UOI & Col. J.N.Sinha [1571 SCR (1) 791], the Hon'ble Supreme Court had not only upheld the validity of FR 56(j), but also held that no show-cause notice needs to be issued to any Government servant before a notice of retirement is issued to him under the aforesaid provisions. The Apex Court held that — "Now coming to the express words of Fundamental Rule 560), it says that the appropriate authority has the absolute right to retire a government servant if it is of the opinion that it is in the public interest to do so. The right conferred on the appropriate authority is an absolute one. That power can be exercised subject to the conditions mentioned in the rule.' one of which is that the concerned authority must be of the opinion that it is in public interest to do so. If that authority bona fide forms that opinion, the correctness of that opinion cannot be challenged before courts. It is open to an aggrieved party to contend that the requisite opinion has not been formed or the decision is based on collateral grounds or that it is an arbitrary decision."

As far as integrity is concerned, the following observations of the Hon'ble Supreme Court in the case of S Ramchandra Raju vs State of Orissa {(1 994) 3 SCC 424}, while upholding compulsory retirement in the case, may be kept in view: "The officer would live by reputation built around him. In an appropriate case, there may not be sufficient evidence to take punitive disciplinary action of removal from service. But his conduct and reputation is such that his continuance in sen/ice would be a menace to public service and injurious to public interest. The entire service record or character rolls or confidential reports maintained would furnish the backdrop material for consideration by the Government or the Review Committee or the appropriate authority. On consideration of the totality of the facts and circumstances alone; the Government should form the opinion that the Government officer needs to be compulsorily retired from service. Therefore, the entire record more particularly, the latest, would form the foundation for the opinion and furnish the base to exercise the power under the relevant rule to compulsorily retire a Government officer."

Conclusions :

1)     The committee will consider the entire service records of the concerned employee before arriving at a decision to premature retirement.

2)     The employee has to perform his assigned duties allocated to him for which he is employed.

3)     The Government (committee) cannot take unilateral action on premature retirement without proper records. As it can be challenged at a later date.

4)     If an employee is performing his assigned duties, then they need not fear of premature retirement.

5)      Participating in trade union activities doesn’t attract any provisions of premature retirement.