Demand Survey on Health Insurance Scheme.

Ministry of Health and Family Welfare released a document for taking Demand Survey on Health Insurance Scheme.

Now the Ministry of Health is undertaking a survey to ascertain as to how many of the existing employees and existing Pensioners are willing to switch over from the present CGHS or Medical Reimbursement system to Health Insurance Scheme
Funnily the Scheme which is said to be optional is not optional for the existing employees as the Ministry of Health and Family Welfare notification prescribes. By making it compulsory for all future pensioners, all the existing serving employees as on date are compulsorily brought under the Health Insurance Scheme. This is contrary to the prescription that it is only voluntary for the existing employees and existing pensioners!!
There will be no more CGHS and no more Reimbursement Schemes in future - The whole idea is completely close down CGHS bit by bit though in one stroke this may not be done.
While making it voluntary for the existing employees and pensioners may be understood, making it compulsory to all existing employees as and when they retire is unethicl. The option exercised by the existing employees to remain in CGHS should be accepted even after their retirement tomorrow unless they themselves opt voluntarily at the time of retirement. But this is not the case.
Confederation of CG Employees will discuss the issue before taking a final decision.



However there is a trend among our employees that the Health Insurance Scheme may be better while contemplating the situation arising out of denial of referral to good private hospitals when the CGHS beneficiaries desire to take treatment there while the same facility is freely available to high officers!!
The survey is intended by the Government to facilitate fair assessment for determining the probable premimum etc.
The premimum speculated by the Ministry of Health is around 80000 to 120000 per year. While it speaks about considerable extent will be borne by the Government, it do not say about the probable amount to be paid by the employees! Any way we do not know as to whether it will be to the level of the present CGHS subscription only or more!!
We do not know as what would be the future after implementing such a Health Insurance Scheme - whether in future the whole burden would befall on the heads of employees and pensioners totally? Unless these details are made transparant, there are always danger in accepting this Scheme.

Agenda Points for 46th Meeting of National Council (JCM)

Agenda Points for 46th Meeting of National Council (JCM)


1. DISPARITY IN THE FORMATION OF PAY BAND / SCALES

Central Govt. Employees as well as Federations were confident that a similar Pattern would be adopted by the 6th CPC and Review Committee, in the formation, of Pay Scales, irrespective of the Cadre of workers and Officers. After thorough study of the Pay Structure, it is observed that the structure of Pay bands of PB-1 to PB-4 has been formulated with multiplying factor. But it is found that this factor has not been applied in all the Pay bands uniformly.

The Multiplying factor from PB- 1 to PB- 3 is found to be 1.86 (Approx) and for PB-4 it comes to 2.61 (Approx). This disparity has increased the Min. & Max Ration in the Pay Scales of the lowest employees and the highest, officer. This has created great resentment among the workers. It is a great un-justification with the Central Govt. employees.

This Federation strongly demands that this disparity should be removed to console the Central Govt. employees and a multiplying factor of 2.61(Approx) should also be applied for Pay Band PB- 1, PB-2 & PB-3.

2. ASSURED CAREER PROGRESSION (ACP) SCHEME

It is submitted that the Govt. of India has introduced the ACP scheme vide  No.35034/1/97- Estt (D) Dated 09.08.1999 on the recommendation of Fifth Central Pay commission to provide ‘Safety Net’ to deal with the problem of genuine stagnation and hardship faced by the employees duet to lack of adequate promotional avenues. As per instructions, the Government employees are granted financial upgradations after completion of 12 & 24 years of regular service and the mobility under ACPS are to be allowed in the ‘existing hierarchy’. Since the benefits of upgradation under ACPS are to be allowed in the existing hierarchy, the mobility under ACPS shall be in the hierarchy existing after merger of pay scales by ignoring promotions. For granting financial upgradation, if such cadre/hierarchy exists in the Ministry/Department concerned, the upgradation

maybe allowed in keeping with the pay scale of an analogous grade of a cadre/post in the same Ministry/Department. However, if no such grade exists in the Ministry/Department concerned, comparison may be made with an analogous available in other Ministries / Departments.

Further your kind attention is invited to the Resolution published in Gazette of India on 29th August 2008 which also deals with recommendations of Sixth Central Pay Commission on Assured Career Progression Scheme and the para 1. says that the Government employee will be granted 03 financial upgradations after completion of 10, 20 & 30 years of service and para. (iii) accepted by Govt. of India reads as under:-

“(iii) The grade pay shall change at the time of financial upgradation under this scheme (MACPS). The grade pay given at the time of financial upgradaion under MACPS will be the immediate next higher grade pay in the hierarchy of revised pay bands and grade pay being recommend. Thus, grade pay at the time of financial upgradation under ACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such case, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organixation will be given only at the time of regular promotion.”

In such circumstances, the wish of the Govt. of India to grant 03 financial upgradation for betterment of its employees in thirty years service span will not be culminated through MACP Scheme as it is disadvantageous in comparison to erstwhile ACP Scheme particularly for the employees in Pay Band -1 as the MACPS will grant different Grade Pay to the employees of same cadre and post.

Therefore you are kindly requested to issue necessary instructions whereby the granting of benefits of ACP in vogue may be continued with modification that 03 financial upgradation will be granted on completion of 10, 20 & 30 years in the such cadre/hierarchy exists in the Ministry/Department and if no such grade exists in the Ministry/Department concerned, comparison may be made with an analogous grade available in other Ministries/Departments.

3. PROMOTIONAL BENEFITS

It is observed that there will be a very small / meager financial benefit to a Group ‘C’ Employees on his promotion. Group ‘C’ employees in the Pay Band of Rs.5200 – 20200 when promoted after a service of five years then at the time of his promotion his basis pay would be Rs.6040 (Approx). On his promotion he will get a benefit of one increment of 3% i.e. Rs.180 and additional Grade Pay of Rs.100 only, thus total financial benefit comes to Rs.280, which is a very meager amount when compared with the employees of PB-2 & PB-3 Pay Band.

It is worth to mention here that two additional increments to be granted at the time of promotion to officers of Indian Administrative Services as per Resolution issued by MoF on 29th August, 2008.

Considering the above this federation demands that two increments or a minimum of Rs.1000, whichever will be higher, should be enhanced in the Basic Pay of the Minimum paid employee.

4. INCREMENTAL BENEFIT

Your attention is invited to the para 2 (iii) of the letter No. G.O.I. MF., DoE, (Implementation Cell), F.No.1/1/2008-IC Dt. 30.08.2008 on the subject matter, which deals with granting the next increment in the revised pay structure is as under:-

“In terms of the CCS(RP)Rules, 2008, there shall be uniform date of increment i.e.1st July of the year after implementation of the revised pay structure. Consequently, will be drawn in the pre-revised scale and pay fixed in accordance with the tables after including this increment. The next increment in the revised pay structure in such cases will be drawn on 1st July, 2006.”

Further Rule 10 of CCS (RP) Rules, 2008 is an under:-

“….. Employees completing 06 months and above in the revised pay structure as on 1st July will be eligible to be granted the next increment. The first increment after fixation of pay on 01.01.2006 in the revised pay structure will be granted on 1.7.2006 for those employees for whom the date of next increment was between 1st July, 2006 to 1st January, 2007.”

The above is creating dilemma whether the employees whose date of next increment falls between 01st Feb, 2006 and 01stJune, 2006 will also be eligible to be granted their next increment on 01st Jan, 2006. If not, they will be eligible to be granted their next increment on 01st July, 2006 and this will violate the provisions of F.R.26 which confers the right to be granted next increment on completion of 12 months and as per FR 24 as increment shall ordinarily be drawn as a matter of course unless it is withheld.

Therefore you are kindly requested to remove the anomaly so that the employee may be granted the next increment on 1st January to whom those were drawing their increment between July to December of the year.

5. MERGER OF PAY SCALE OF Rs.3050 – 4590 with Rs.3200 – 4900 and Rs.4000 – 6000 with Rs.4500 – 7000

The industrial workers are being recruited in the Semi-Skilled grade against the sanctioned post of Skilled grade in the pay scale of Rs.3050-4590. Such employees have the educational qualification of Matriculation with Science & Mathematics plus they have to undergo training for 03 or 04 years as per Trade Apprentice Act. It seems injustice to grant the pay scale of Rs. 3050 – 4590 to the Skilled employees as they have to perform the highly sensitive operations on the CNC machines, metallurgical operation, work on optical and electronics equipments, chemical process with hazardous operation.

The pay scale of Ministerial Category i.e. Clerks and Store Keepers should be revised. At present the Pay Scale of LDC (Lower Divisional Clerk) & Store Keepers have been equated with cooks, L.H.Fireman and Drivers, causing thereby demoralization in this category. This category is performing sophisticated, Tedious & highly complicated and sensitive jobs i.e. Recruitments, Posting / Transfers, DPC, Defending Court Cases. Parliament Questions, Welfare, Labour Relation Work, Financial Implications viz. GPF A/c’s maintaining records of Advances, Pension / Retirement Terminal Benefits, Facing Audit Objections, Procurements , Preservations, Control on Material Movement, keep safe the inventories etc. etc. On the same analogy, the incumbents like Highly Skilled trades man, UDC, Supervisors (Non – Tech.) & equivalent are also eligible to be granted the higher pay scale of Rs. 4500 – 7000 from Rs.4000 – 6000 due to their job responsibilities.

It is urged to merge the pay scale of Rs. 3050 – 4590 with Rs.3200 – 4900 and the pay scale of Rs. 4000 – 6000 with Rs.4500 – 7000 in the pre-revised with grade pay of Rs.2000 & Rs.2800 respectively.

6. UPGRADATION FROM PROPECTIVE DATE

After perusal of the Gazette Notification it is found that under Part B section sub para it is very clearly mentioned that the pre-revised pay scales of Rs.5000 – 8000, Rs.5500 – 9000 and Rs.6500 – 10500 which presently constitute feeder and promotion Grades will come to lie in an identical grade. With the provision given in the Gazette, the posts in the scale of Rs.5000 – 8000 and Rs.5500 – 9000 should be merged, with the post in the of Rs.6500 – 10500, being upgraded to the next higher grade in pay band-2 i.e. to the grade pay of Rs.4600 corresponding to the pre-revised pay scale of Rs.7450 – 11500, the post upgraded from the scale of Rs.6500 – 10500 should be merged with the post in the pay scale of Rs.7450 – 11500.

Further it is mentioned under sub-para-(iii) of section I that ‘posts in the scale of Rs.6500-10500 Carrying minimum qualification of either Degree n Engineering or a Degree in Law should also be upgraded in the pays scale of Rs.7450 – 11500 corresponding to the revised pay band of Rs.9300-34800 along with grade pay of Rs.4600. It has very specifically been mentioned that ‘post of scientific staff in the scale of Rs.6500-10500 Carrying minimum qualification of Engineering Degree or a post Graduate Degree should also be upgraded and placed in the pay scale of Rs.7450-11500 corresponding to the revised pay band PB-2 of Rs.9300-34800 along with grade pay of Rs.4600. The Gazette Notification has ordered the effectiveness of the revised pay scales along with financial benefits w.e.f.1.1.2006, but lately on the contrary MoD vide its I.D. No.11(1)/2008-D(Civ.l) dated 10th Sept. under Para 2. has ordered that such upgraded Scales will be effective from a Prospective date.

It is submitted that when all the recommendations of the CPC has been agreed from 1.1.2006 then why a small group of employees should be deviated from this advantage. As such this federation demands that the upgraded scales should also be affective from 1.1.2006. This will give benefits to the employees of EME & DGOS.

7. MERGER OF PAY SCALE OF 7450-11500 & 7500-12000 OF GROUP ‘B’ GAZETTED

it is submitted that the nature of work and responsibilities of JTO (S) and JSO in DGOA & in other Defence Departments is almost same and similar. The pay scale of JTO (S) is Rs.7450-11500 and of JSO is Rs.7500-12000. (Both Group-B Officers), the difference in their pay scale is marginally of Rs.50only. It takes more than four years for JTO (S) to get promotion to JSO, which gives negligible financial gain. Further the grade pay of JTO (S) with pay scale of Rs.7500-12000 is Rs.4600 & Rs.4800 respectively. Both are Group B Gazetted Officer and doing the same nature of work. As per the recommendations of 6th, JSO with grade pay of Rs.4800 get into the grade pay of Rs.5400 after completion of four years of service in that post (refer para 3.1.14 of the report) whereas an other officer doing the same nature of work with similar responsibility has to wait for eight years to get into Rs.5400 pay band. It is a great anomaly and may be sorted out to remove resentment in the affected officers.

This Federation demands that the Cadres of JTO(S) & similar cadre should be merged into JSO cadre in the pre-revised pay scale of Rs.7500 – 12000 and both of them should be given the same grade pay of Rs.4800 and promotional benefit after completing their four years of service in this cadre.

It is observed that in different Organizations / Departments the revised pay scales of the staff & officers working in the pay scale of Rs.6500 – 10500 has been upgraded to the Pre-revised pay scale of Rs.7500-12000 having less qualification & responsibility than the Scientific / Technical staff of DGQA, working in the pay scale of Rs.6500-10500.

For example:

a) The employee in the pre-revised pay scale of Rs.6500-10500 carrying minimum qualification of engineering degree has been upgraded to the Pre-revised pay scale of Rs.7450-11500 with grade pay of Rs.4600 whereas a Section Officer / PS / Equivalent in the revised pay scale of Rs.6500-10500 has been upgraded to the pay scale of Rs.7500-1200 with grade pay of Rs.4800. The section officer / PS of secretariat will get the next higher grade pay of Rs.5400 after four years of service in that grade (Refer para 3.8.12) whereas the officer of other organization will have to wait minimum for eight years to get that grade pay. First minimum four years to get promotion for grade pay of Rs.4800 then after four years to gain grade pay of Rs.5400.

b) Asst. Nursing Superintendent in the revised pay scale of Rs.6500-10500 has been upgraded to the pay scale of Rs.8000-13500 (Refer para 3.8.15) is still bearing less qualification & responsibilities of Graduate Engineer working in work shops / Quality Assurance / Research work in defence organizations.

c) The Primary School Teachers / Trained Graduate Teachers / Post graduate teachers in the pay scale of Rs.6500-10500 has been upgraded to the pre-revised pay scale of Rs.7500-12000 with grade pay of Rs.4800 whereas they have minimum responsibility, less working hours and more leaves in a year.

d) Removal of anomaly in the pay scale of Junior Work Manager in OFB Junior Works Managers are the main pillars of this organization still they are deprived of their legitimate rights. Considering their responsibilities and duties, the pay scale of JWM may be upgraded to the pre-revised pay scale of Rs.7500-12000 to the revised pay band -2 (Rs.9300-34800) with grade pay of Rs.4800 and after completion of four years of service in the grade, they will be placed in the PB-3 (15600-39100) with the grade pay of Rs.5400 as it is stipulated in para. 1(x(a) to (e) of resolution, bearing No.1/1/2008-I.C. dated 29.08.2008 of Ministry of Finance (Department of Expenditure) for group ‘B’ cadres of DANICS, CSS, CSSS, IA & AD and group ‘B’ officers of Ministry of Railways and Departments of Posts, Revenue etc. Similar self explanatory examples are elaborated in Para 7.6.18; 7.8.10; 7.10.26; 7.19.51 & 7.19.68 etc. of the Gazette Notifications / CPC Report.

This Federation strongly demands that this disparity should be removed and similar advantage should be extended to all deserving employees of Departments of MOD viz. DGQA, DGAQA, DRDO, Naval etc. considering their qualification, Responsibility and nature of duties.

8) DISPARITY IN THE PAY OF DIRECT RECRUITEE & PROMOTEE SHOULD BE REMOVED

It is observed that a promotee with a bundle of Departmental experience gets less enumeration than a recruit appointed on direct recruitment in different cadres. Kindly refer section II of para –A of the Notification where entry pay in the revised pay structure for direct recruits appointed on or after 1.1.2006 is mentioned.

To illustrate, if an employee drawing basic pay Rs.3200 in the pre-revised pay scale of Rs.3050-4590 is fixed on the basic pay of Rs.6060+1900 = 7960 in the revised pay scale of PB-1(5200-20200) on 1.1.2006. Later, if he is promoted to the pre-revised pay scale of Rs.4000-6000 his pay will be fixed at Rs.6300+2400 = 8700 as per para 13 of the CSS (Revised Pay) Rules,2008.

On the same day, if another employee is directly recruited in the pay scale of Rs.4000-6000 (pre-revised), his pay will be Rs.7510+2400=9910 in the revised pay scale of PB-1 Rs.5200-20200 as per section II of part A of the first schedule of these rules. Thus, directly recruited employee will get Rs.1210 (i.e. 9910 – 8700 = 1210) more in comparison to the promoted employee. It is great anomaly and may be removed to avoid disappointment among the staff.

This federation demands that necessary amendments may pleas be carried out, so that the pay of the promoted employee may be fixed higher than the entry pay for the direct recruits appointed on after 1.1.2006.

9. RISK ALLOWANCE, HOSPITAL PATIENT CARE ALLOWANCE SHOULD BE CONTINUED

The risk allowance is paid to all those engaged in duties involving greater hazards or whose health is liable to be adversely affected progressively over a long period of time because of the particular avocation. The second pay commission recommended that certain unskilled staff employed in the Ministry of Defence and Railways, whose work was exceptionally heavy or whose normal duties involved special risk such as those of chemical process was also extended to sweepers working in underground sewers and in infectious hospitals in the name of Patient Care Allowance and or Hospital Patient Care Allowance. On the recommendation of 3rd CPC, a committee was constituted to examine the facilities of rationalizing nature, which classified the beneficiaries of Risk Allowance into four categories namely: Semi Skilled, Skilled Workers, Supervisors and certain Gazetted and non Gazetted officers. The 4th CPC recommended a hundred per cent increase in the cover in cases where employees like custom inspectors, Railway Drivers, Guards, Income Tax officers and staff carrying out raids, are exposed to risks. The 5th CPC concluded that risk and continuous risks. Contingent risks relate to one time events where event is uncertain and that may be considered for insurance cover or ex-gratia payment. Continuous in the occupation itself with adverse effect on the health and the employee will be paid the risk allowance with the revised rates.

The 6th CPC was also partially agreed that Risk Allowance is only justified for jobs which are inherently risky with adverse effect on health but recommended that the Government should insure that latest technology and greatest level of care is observed in these jobs so that the element of risk involved therein minimized. In this context, it should be kept in views that technological upgradation cannot zero the continuous risk but in can minimize the risk only due to nature of specific job or process. Hence, the risk insurance scheme cannot provide any relief in case of continuous risk.

Therefore, this Federation demands that the Risk Allowance, Patient Care Allowance, Hospital Patient Care Allowance should be continued and even the amount of the risk allowance should be doubled as the 6th CPC has doubled all the allowance payable to Government employees.

This Federation does appreciate the provision for free medical and insurance for those employees, but it should be in addition to Risk Allowance.

10. CHILD CARE LEAVE

6th CPC has recommended Child Care Leave for women employees having minor children for a maximum period of two years 730 days during their entire service for taking care of up to two children. This leave s admissible up to the age of 18 years of her child. This Federation welcomes this scheme, it will help the mothers to built better career of their child.

This Federation submits that there may be a case/instance when the wife of the Central govt. employee expires at the time of delivery or at time when her child is less than 18 years of age. In that case the father of the child should be entitled for all that child care leave benefits for which a Central govt. women employee is entitled. Such cases happen very rare, but there must be a similar provision for Central Govt. male employees so that a proper care could be given to their child.

Further, child care leave and enhanced maternity leave should be granted to Industrial Employees as it is being to the female employees governed by the existing provisions of the Central Civil Services (Leave) Rules,1972.

11. NIGHT DUTY ALLOWANCE (NDA)

6th CPC vide their Sub para 4.2.81 has recommended to double the allowances including Night Duty Allowance, which is not as per rules of Night Duty Allowance (NDA). NDA has ever been calculated with a given formula. This Federation demands that for the calculation of NDA the same formula should be adopted with inclusion of Transport Allowance in place of CCA.

Formula:-

Night Duty Allowance =
Basic Pay + DA + TA
------------------------
195 x 6

12. RECRUITMENT OF TRADE APPRENTICES

The grade of unskilled and semi-skilled has been merged as per recommendation of 6th CPC 3.8.27. In such circumstances, ex-trade apprentices (NCVT / ITI passed) should be directly recruited in the grade of skilled in the pay scale of Rs.5200-20200 + Grade Pay of Rs.1900) instead of Semi-Skilled grade.

13. PAY SCALE OF Sr. DATA ENTRY OPREATOR

Head clerk / Assistants / Steno Gr.II / Equivalent in the pay scale of Rs.4500-7000 and Rs.5000-8000 are upgraded to the revised pay scale of Rs.6500-10500 in the PB-II with a grade pay of Rs.4200. Accordingly Sr.Data Entry Operator who are in the existing pay scale of Rs.4500-7000 should be covered by such upgradation. It is learnt that the same benefit has been granted in DRDO vide their letter No. DHRD/16342/VI CPC/1/C/M/01 dated 7.10.2008.

14. DISPARITY IN LEAVE TRAVEL CONCESSION

Prior to implementation of 6th CPC the benefit of availing LTC was uniform among the employees, but the anomaly has been created by implementing the 6th CPC and some segment (newly recruited) of employees will enjoy the benefits of LTC every year, but others shall loose the same benefits.

It is therefore submitting that suitable provisions in the rules may be obtained to clear this disparity by providing LTC to the employees every year as every employee and his family desires to visit at his Home Town yearly.

15. DATE OF NEXT INCREMENT IN EXTRA ORDINARY LEAVE CASES

Your attention is invited to DOP&T U.O No. 13/1/2009-pay I dated 20/02/2009 on the subject matter wherein it is stipulated “…. Qualifying service of less than 06 months rendered between 1st January and 30th June of any year on account of EOL will have the effect of postponing one’s increment to1st July of next year ,if all other conditions are met.”, whereas the Rule 10 of the Civilians in Defence Services [Revised Pay] Rules,2008 issued by MOD F>No.11[1]/2008/D[Civ-I] dated 09th Sep,2008 says that the employees completing 6 months and above in the revised pay structure as on1st July will be eligible to be granted the increment.

It is crystal clear from Rule 10 above that if an employee completes 06 months or more between 01st July,2006 to 30th June,2007 and he takes EOL of 02 months for personal affairs [without medical certificate] between 01.01.2007 to30.06.2007, he will be granted his next increment on 1.7.2007 (not on 1.7.2008). Such types of examples are published in the Swamysnews.

Therefore you are kindly requested to amend the DOP&T letter dated 20.2.2009 and issue clarification so that the employees may be granted their next increment on their legitimate due date.

16. ENHANCEMENT OF BENEFITS OF CENTRAL GOVERNMENT EMPLOYEES GROUP INSURANCE SHCEME

The Central Government Employees Group Insurance Scheme was introduced in Jan 1982 to provide insurance cover to the employees so as to enable their families to get a lump sum amount in the event of employees death. The scheme also envisages a lump sum payment on cessation of employment. The scheme is wholly contributed and is run on self different groups. Subscription under the scheme is appointed between the insurance fund and the saving fund in the ratio of 30:70. The rates of monthly subscription as well as the insurance cover are supposed to be revised periodically.

The present rates of subscription and insurance cover for the different categories of employees are Rs.15 and Rs.15000 respectively for the lowest category of government employees since Jan. 1990 (i.e. due to implementation of 4th CPC recommendations).

Thereafter, the 5th CPC, taking in account the erosion in the real value of rupee recommending daubing of the rates of monthly subscription, as well as the insurance cover available under the scheme has become totally inadequate and an amount of Rs.15000 cannot provide financial support to the family of a diseased group ‘D’ employees. When the rates of subscription and the insurance cover under this scheme were last revised in 1990, the pay scales recommended by 4th CPC were in vogue and the minimum salary was Rs.750.

Now the minimum salary of Government employees is Rs.7000 as recommended by 6th CPC. The increase in the minimum salary between 1.1.1990 and the date of implementation i.e. 1.1.2006, of the pay scales works out to be more than nine times. However, the 6th CPC has recommended that monthly subscription should be Rs.180 and the amount of insurance will be Rs.180000

To restore the actual value of insurance cover provided under the scheme, this federation demands that the present amount for various categories should be enhanced to rupees two lakh as a minimum payment to the lowest cadre.

17. DEFINE THE MEANING OF “ORDINARY RATE OF WAGES” UNDER THE FACTORIES ACT, 1948

This reflects the concern of the employees working in Indian Ordnance Factories under Ministry of Defence, over the interpretation of ‘Ordinary rate of wages’ under Rule 59 of the Factories Act, 1948 issued by Ministry of Labour and Employment vide their O.M. No. Z 16025/81/2007 – ISH – II dated 27.05.2009 wherein it has opined that the allowance of compensatory nature (HRA / Transport Allowance / Small Allowance etc.,) may be excluded for the purpose of computing Overtime Allowance under the Factories Act, 1948. Earlier, Ministry of Labour and Employment vide their O.M. No. Z – 16025/81/2007 – ISH – II dated 19.11.2007 has compensatory allowance which is reimbursed and hence may not be taken into account calculating OTA under the Factories Act, 1948.

The above interpretation of the Ministry of Labour is contrary to the provisions of Factories Act, 1948. As per section 59 of Factories Act, a worker shall be entitled to wages at the rate of twice of his ordinary rate of wages, in respect of Overtime work as per Sub Section (2) of section 59 the ‘Ordinary rate of wages’ means the basic wages plus such allowances. Including the cash equivalent of the advantage accruing through the concessional rate to workers of food grains and other articles, as the worker is for the time being entitled to but does not include a bonus and wages for overtime work.

Presently Dearness Allowance, House Rent Allowance, City Compensatory Allowance and Transport Allowance are included for the purpose of calculating Overtime Allowance under Factories Act, 1948 and the employees are being paid accordingly.

Dearness Allowance” which is being paid at present is in the nature of a compensatory payment to employees for erosion in the real value of their salaries resulting from price rise. (Para 13.1; Page 216 of 4th CPC Report)

“City Compensatory Allowance” is granted to Central Government employees to enable them to meet the high cost of living in certain specially costly cities. (Para 106.2; Page 1579 of 5th CPC Report)

“House Rent Allowance” is paid to Central Government employees to compensate them partly for the specially high rents which they have to pay for hired residential accommodation. (Para 14.21; Page 225 of 4th CPC Report)

“Transport Allowance” has been granted to Central Government employees to suitably compensate them for the cost incurred on account of commuting between the place of residence and the place of duty.
(G.I. M.F., O.M. No.21(1)97/E-II (B), dated 03.10.1997)

From above it is abundantly clear that allowances like DA, CCA, HRA and TA being paid to Central Government employees are compensatory in nature and there is no justification in discriminating among the above allowances.

It is worth to mention here that the Ministry of Labour is a custodian of rights conference by the Parliament of India to the employees under various Labour Laws but now it has wrongly interpreted the meaning of the ordinary rate of wages means the basic wages plus such allowance such the worker is for the time being entitled. Due to this the employees are deprived of the extra wages for overtime, which they are getting for more than last 50 years.

Therefore you are requested to take appropriate action so that the provision of payment of Overtime may be continued in letter and spirit of Factories Act, 1948 and the House Rent Allowance, Transport Allowance should not be excluded for the purpose of calculating extra wages for overtime under the Factories Act, 1948.

18. COMPASSIONATE APPOINTMENTS IN FATAL ACCIDENT CASE

Your attention is invited to the situation where a Government servant who is the sole breadwinner of a family unfortunately dies in harness leaving his family in immediate need of assistance in such cases, Ministries / Departments have been delegated the power to appoint n relaxation of procedure of recruitment to a dependent member of the family of the deceased, in the event of there being no other earning member in the family.

For this purpose, Ordnance Factory Board has forwarded the MOD, D(Lab) instruction vide OFY letter No. 039/(6)/A/A/(Vol-III) dated 18.1.2006, whereby directives have been issued ofr making relative merit points scale to various parameters like Family Pension, Terminal Benefits, Monthly income of earning members and income from property, Movable/immovable property. No.of Dependents, No.of unmarried daughters, No. of minor children and left over service. The weightage fixed above is to be strictly followed.

Sir, very painfully it is brought to your kind notice that no weightage has been given to the death in fatal accident in the process of performing his duty. We have experienced that a number of Ordnance Factories are engaged in manufacturing, filling ;process of Highly Explosives and during the above process some major fatal accidents occurred causing loss of several employees like Ordnance Factory Bhandara, Itarasi and Khamaria where employees have succumbed to the accidents but their dependents are waiting for extra weightage to the Department/Ministry/Nation which needs to be considered while assessing the wieghtage for compassionate appointments. In spite of that MOD has clarified vide its I.D dated 4.8.2008 as under:

“Since the financial impact of the family due to demise of the Government servant for whatever cause (accident or otherwise) is similar, the cases of accident victims cannot be taken on a different footing and may be regulated under the scheme for compassionate appointment as circulated vied this Department’s O.M. dated 9th Oct, 1998.

In the above circumstances, you are requested to intervene into the matter and kindly issue necessary directions so that top priority may be given to the next of kin to the deceased employees for granting him immediate compassionate appointment without considering the weightage whereby it may be proved that MOD, GOI as always caring the family of the employee who have sacrificed his life of the Government.

19. HALF DAYS’ CASUAL LEAVE TO INDUSTRIAL EMPLOYEES AT PAR WITH THE OTHER CENTRAL GOVT. EMPLOYEES

The Government of India has kindly pleased to grant Half Day Causal Leave to the employees for various reasons mentioned in the G.I., M.H.A., O.M. No. 60/17/64-Esst. (A) dated 4.8.1965. It is worth to mention here that the above does not discriminate among the Industrial Employees and Non-Industrial Employees but the rule is published only in the Appendix –III under Central Civil Services (Leave) Rules, 1972.

Therefore you are requested to issue necessary instructions so that half days causal leave to the Industrial employees may be granted at par with the other CG employees, and present system of short leave of 2 hours on 2 occasions in a month may be continued but without pay

COMRADE JYOTI BASU PASSED AWAY

VETERAN MARXIST LEADER COMRADE JYOTI BASU PASSED AWAY
COMRADE JYOTI BASU, A TOWERING OCTOGENARIAN LEADER OF THE INDIAN MASSES IN GENERAL AND THE WORKING CLASS IN PARTICULAR, WHO WAS HOSPITALIZED ON 1st JANUARY THIS MONTH BECAME CRITICAL AND BREATHED HIS LAST TODAY



THE WORKING PEOPLE OF INDIA HAVE LOST THEIR INDOMITABLE LEADER
COMRADE JYOTI BASU AS A LEADER OF WORKING CLASS AND AS THE CHIEF MINISTER OF WEST BENGAL GUIDED WORKING CLASS ON OUR TASK BEFORE THE TOILING PEOPLE. WE SUFFER AN IRREPARABLE LOSS.



KARNATAKA COC DIPS ITS BANNER IN HONOUR OF THE DEPARTED LEADER

PLEASE ATTEND RALLY AT TOWN HALL ON 19TH JAN AT 16 HRS

Government's Policy of Appointment on Compassionate Ground

No.4101311/2007-Estt.(D)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

*********

New Delhi, dated the 12th January,2010.




OFFICE MEMORANDUM

Subject:- Action Taken on 23rd Report of the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice on the Government's Policy of Appointment on Compassionate Ground.




The undersigned is directed to refer to para 9.4 of the 23rd Report on Government policy of appointment on compassionate ground given by Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, Rajya Sabha. It is envisaged in the above para that if the Government's effort is to help the family of the deceased employee then there must be a separate Cell in each of the Ministries or Departments, which will cater to only compassionate appointment cases. The cell should send periodical information on number of vacancies, number of applications received, time taken to dispose of the cases, reasons for not disposing favourably etc. to the head of the Department. The Committee has, therefore, recommended that the Government should come forward with certain new guidelines for the benefit of the employees like creation of a separate Cell, etc.

2. The matter has been considered in the Department. It is not felt desirable for the small Departments to have a separate cell. It is, however, advised that bigger organizations should create a separate cell for handling large number of cases for compassionate appointments in order to ensure timely and meticulous processing of applications. The cell should be entrusted, inter-alia, With the responsibilities as envisaged in the Report of the Committee.



( Alok Ranjan )
Director(E.1)

COC meeting Highlights of 4th Jan 2010

Higlighths of COC Meeting held on 4th Jan 2009 held under the chaimanship of Com S.Radhakrishan Working President
a) The Meeting paid homage to Com Ananda ex Chairman of COC,
Com Radahakrishna and Com Muthukumar recalled Com Ananada role in buiding trade union movement in Karnataka even after his retirement he was active in Trade union writings editor of " Red flag (Kembabutta)" The COC redsalute's Com Ananada.

b) As per the meeting of National Executive held on 4th Dec the nomenclature of the COC changed as "Confederation of Central Government Employees and Workers, Karnataka State Committee" which will be ratified in next Conference

c) The General Secretary thanked all comrades for making 25th November 2009 Human Chain Program a Sucess, he highlighted how Price raise was nullfying the Wage increase we got and also problems faced by Employees in CGHS.

d) Com M.S.Raja Secertary of Confederation of Central Government Employees and Workers, New Delhi urged members to be more united and Show our strength for geeting the demands settled, he was of the opnion that without waging a strike we cannot settle our demands. All our demands can be settled only through direct action there is no short cut so we should educate our members and prepare membership for strike.
e) Com Seethalakshmi Organsing Secrtary placed Similar views and urged that PFRDA bill has to be opposed tooth and nail with co-operation of State Govt. Employees

The House Congrgulated Com M.S.Raja and Com Seethalakshmi on thier election to National Council

COC Meeting Jan 2010

To
All Affilates
COC Karnataka

Comrade,
The COC Meeting will be held on 4th Jan 2010 at 18.30 hrs at AG'S office all Comrades are requested to attend the meetingto discuss the latest developments.
Com M.S.Raja Secretary Confederation of Central Govt Employees and Workers will address the meeting

Comradely yours

P.S.Prasad
General Secretary

Income tax rules form 10E

Rule 21A of Income Tax Rules 1962 - Form 10E

ILLUSTRATION TO RE-ASSESS THE INCOME TAX OF THIS YEAR (FIN YEAR 2009-10) BY SUBMITTING FORM 10-E

As per Rule 21A of Income Tax Rules 1962, we can submit Form 10E as we have received pay commission arrears pertaining to the years 2005-06, 2006-07, 2007-08 and 2008-2009. (January 2006 to August 2008). An example is given below which explains the eligibility for getting relief.

IT PAYABLE IF FORM 10-E IS NOT SUBMITTED (TABLE A)

Sl No	Details	Amount
1.	Income chargeable under "Salaries" (including 60% of 6th Pay Commission arrears of Rs 81,508)	Rs 4,51,508
2.	Deductions under savings (Section 80C, 80CCC, 80CCD, 80D etc)	Rs 1,00,000
3.	Net Taxable income	Rs 3,51,508
4.	10% Tax for below 3,00,000	Rs 14,000
4.	20% Tax for above 3,00,000	Rs 10,302
4.	Tax Payable on Sl 3	Rs 24,302
4 (a)	Education Cess	Rs 729
5.	Total Tax Payable	Rs 25,031

IT PAYABLE AFTER SUBMITTING FORM 10-E (TABLE B)

Sl No	Details	Amount
1.	Income chargeable under "Salaries" excluding the 60% arrears	Rs 3,70,000
2.	Deductions under savings (Section 80C, 80CCC, 80CCD, 80D etc)	Rs 1,00,000
3.	Net Taxable income	Rs 2,70,000
4.	Tax Payble on Sl 3	Rs 11,000
4(a)	Education cess	Rs 330
5	Total Tax Payable	Rs 11,330
6	Excluding arrear amount for tax calculated as	Rs 13,701
6	Tax Payable for previous year (After revising income of previous year - as per Form 10E)	Rs 6,940
8	Relief eligible	Rs 6,761

How to calculate Income Tax 10E / 89(1) Relief

Previous Year(s)	Net Taxable income of the relevant previous years	Distribution of 60% arrears to the relevant years	Total income with arrears during the relevant years (2+3)	Tax on total income without latest arrears distributed (tax on 2)	Tax on total income with latest arrears distributed (tax on 4)	Difference in tax during relevant years on account of arrears (6-5)
2005-06	134080	7565	141645	3476	4248	772
2006-07	122370	31662	154032	2282	5922	3640
2007-08	92250	29595	121845	0	1221	1221
2008-09	215860	12686	228546	6784	8091	1307

Posted by
Prasad

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National Anomaly Committee Meeting and decisions.

CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS.

A-2/95,Manishinath Bhawan,Rajouri Garden, New Delhi-110 027

Website:www.confederationhq.blogspot.com. Email:Confederation06@Yahoo.co.in

Tel: 011-2510 5324: Mobile: 98110 48303





D/11/1/2009

Dated: 14th December, 2009



Dear Comrade,



National Anomaly Committee

Meeting and decisions.



The first meeting of the National Anomaly Committee was held on 12th December, 2009. Secretary (Personnel) chaired the meeting. On behalf of the Confederation, Com. S.K. Vyas, President and Com. K.K.N. Kutty Secretary General attended and participated in the discussion. In the opening remark, Com. Umraomal Purohit drew the attention of the Chairman of the non-functioning of the Departmental Councils in various departments and the consequent non setting up of Departmental Anomaly Committees. He also raised the issue of the order of the DOPT defining the term Anomaly, which was at variance with the one given in 1997. He recalled the discussion he had with the official side in the matter when it was agreed that the definition of the term would be the same as was in the order of 1997. Responding to the remarks made by the Staff Side Secretary, the Chairman said that his office would take steps to ensure the functioning of the JCM at all levels and informed the meeting that the National Council of the JCM would meet on 16th January, 2009 and the notice therefore has already been issued. On the question of anomaly, it was informed by the Chairman, that all efforts would be taken to address all questions of anomaly and resolve them. The official side clarified that all questions of disparity in relativities would also be addressed except on those on which the 6th CPC has gone into and taken decision enumerating reasons. The Chairman asked the staff Side to bring to the notice of the DOPT/DOE of all those items which stand rejected by the concerned Departmental Anomaly Committees taking shelter under the extant definition.



We now reproduce the items which were discussed and the decisions arrived on each of them.



1. The item Nos. 1 to 4 and 5(iii)(iv) and 7 were grouped together and discussed as they were identical in content. For the sake of convenience, we reproduce item No. 3 which covers all the above mentioned items.





Fixation of Pay in Revised Pay Scale

The VI CPC in para 2.2.19 (vii) has indicated that where prerevised pay scales have been merged it has been done by extending the existing minimum prescribed for the highest pay scale with which the other scales are being merged. Accordingly it has also been stipulated in 7(1) (A) of the CCS (Revised Pay) Rules, 2008 that if the minimum of the Revised Pay Band / Pay Scale is more that what is determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding of the resultant figure to the next multiple of 10, the pay shall be fixed at the minimum of the revised Pay Band / Pay Scale. Note 2B below Rule 7, ibid and illustration 4B given in the Explanatory Memorandum to the Revised Pay Rule apply to cases of merger of Pay Scales. Note 2 B states that pay in the revised Pay Bands will be fixed in the manner prescribed in accordance with Clause (A) (i) And clause (A) (ii) of Rule 7. In illustration 4B a case of an employee in the pre revised pay scale Rs.5000-8000 drawing Rs.5600 as on 1.1.2006 in the pay scale of 6500-10500 has been indicated with which the pay scale of Rs.5000-8000 stands merged.



Taking these into account the pay in the Pay Band in the case of all employees in the Pay Scales of Rs.5000-8000 and Rs.5500-9000 has to be fixed at Rs. 6500 multiplied by 1.86 i.e. Rs.12090. The fixation tables for pay scales 5000-8000 and 5500-9000may therefore be modified fixing the pay in the pay band at Rs.12090 wherever it is less than that amount.



Illustration 4B in the explanatory memorandum to the Revised Pay Rules 2008 may be modified as under:-

Existing Scale of Pay 5000-8000

Pay Band PB-2 9300-34800

Merged with Pay Scale 6500-10500

Existing Basic Pay as on 1.1.06 Rs.5600

Pay in the PB-2 Rs.5600 X 1.86 = 10420 As per Clause (A) (i) of Rule 7(i) of Revised Pay rules 2008

Pay in the PB-2 Rs.6500- X 1.86 = 12090 As per Clause (A) (ii) of Rule 7 (i) of Revised Pay Rules 2008

Grade Pay Rs.4200

Revised Basic Pay Rs.16290

Decision:

The Staff Side pointed out that what has been recommended by the 6th CPC in Para 2.2.19(vii_ in respect of fixation of minimum pay in the Pay band for merged pay scales had not been taken into account while computing the pay band and the table. After some discussion, the official side stated to have a re-look into the matter.

Item No. 5(i)

On Revised Pay Rules. 2008

(i).Option

It has been mentioned under sub rule 4 thereof that the option once exercised shall be final and should be exercised within three months from the date of notification of the rule vide Sub rule I thereof. Since it is very difficult to comprehend and assess the implication of such option, we propose that the first option exercised within three months may not be treated as final and the employees be permitted to revise the option within six month of the date of exercising the first option.



Decision.

The official side has agreed to allow another option. The Side Side also pointed out during the discussion that the option exercised by the officials under F.R. 22(I)(A(1) on promotion has been restricted to only first promotion, which appears to be unreasonable. The official side has agreed to examine whether the above option can be allowed to cover all promotions.



Item No. 5(ii)

(ii). Special allowance and qualification pay which are taken for fixation purposes on promotion should be doubled with effect from 1.1.2006 and not from 1.9.2008 as it cannot be construed to be an allowance. If this is not done, senior employees will suffer loss in emoluments, in case of persons who are promoted during the period between 1.1.2006 and 1.9.2008.

It was pointed out that the item relating to 5th CPC is still pending at the Standing Committee. The Official Side stated that the item would be covered when a decision is taken on the item relating to 5th CPC.



Item No. 5(vi)

(vi) Rule 9. Date of next increment

It is seen after going through the stipulation in the above rules that a person whose increment falls on 1.1.2006 will get the increment on 1.1.2006 in the pre revised pay scale and will get the next increment in the revised pay structure on 1.7.2006 i.e. on expiry of six months. Similarly those, whose next increment is between 1st July, 2006 and 1st December, 2006 would also be granted next increment in the revised pay structure on 1.7.2006. On the other hand, the persons whose increment dates are between 1st Feb. 2006 and 1st June 2006 have to wait for more than 12 months to get the next increment on 1.7.2006. This is quite anomalous. In the case of those who retire during the period between 1st Feb. and 30th June, they will suffer a loss of one increment perpetually thus affecting their pension. It is, therefore proposed that the persons whose increment falls between 1st February and 1st June, 2006 may be given one increment on 1.1.2006 as a one time measure.



The official side agreed to issue orders to cover those in service between 1.1.2006 and 1.7.2006 as a one time measure. The Staff Side however, pointed out that they have made the suggestion for a one time measure on the specific understanding that Rule 9 of the Revised Pay Rules 2008 has no applicable in the fixation of increment date in future as in those cases, the Fundamental Rules will have the application. The Official side was of the opinion that the Revised Pay Rules will override the provisions of the Fundamental Rules. The Staff Side then contended that the increment of an official cannot be postponed except on award of a penalty after initiation of the disciplinary proceedings. The official side after some discussion agreed to reconsider the issue in the light of the contention made by the Staff Side.



Item No. 5(vii).

(vii). Tax deduction from salary:

Spread over of the arrears of salary is permissible under section 89 (a) of the I.T. Act. No tax will thus become payable by Group D employees on account of receipt of arrears eventually. Therefore, executive instructions may be issued not to deduct any tax from the arrears payment pertaining to the Group D employees. In respect of others, they may be allowed to exercise option to tax the arrears either on receipt basis or accrual basis.



Decision .

Since the arrears have all been paid after deduction of tax, this item was not pressed.



Item No. 5(vii)Temporary Status Casual Labourers



As per existing scheme the employees who are afforded temporary status are paid the wages computed with reference to the minimum of the corresponding scale of pay of regular employees. In the case of Group D temporary status employees, it will become necessary that they are afforded the requisite training if they are non- matriculates.



Decision.



Orders would be issued in the case of temporary status employees. In the case of those who died /retired between 1.1.06 and 1.9.2008 grant of grade pay of Rs. 1800 without training was raised by the Staff Side. It was agreed that the Govt. would take a decision in their case favorably.



Item No. 6.
Benefit on promotion.

It is an accepted proposition that an employee when promoted to a higher post involving higher responsibility should get a suitable raise in his salary. It was on this consideration that FR 22-C was framed whereby the promotee was first granted an increment in the lower Pay Scale and then fixed at the appropriate (next) stage in the higher grade.



At the time of V CPC it was agreed that minimum increase in salary on promotion shall not be less then Rs.100/- There are certain grades in which, on promotion, a hike of Rs.650/- is being allowed with reference to pre-revised pay scale.



In these circumstances grant of only one increment in the lower Pay Band / Pay scale and difference in grade pay, if there be any, being granted on promotion is certainly inadequate. We therefore propose that minimum benefit on promotion should not be less than 10% of the Pay+Grade Pay of the feeder post.



Decision:



The official side stated that the above item was not covered under the definition of anomaly. However, after some discussion, it was agreed that the official side would further discuss the issue outside the forum of the Anomaly Committee.



Item No. 7.

Fixation of pay on promotion.

The minimum Entry pay with Grade Pay in the revised pay structure for direct recruits appointed on or after 1.1.2006 has been specific vide first Schedule, Part –A, Section II of the Gazette Notification of the Govt. of India, Ministry of Finance No. G.S.R. 622 (E) dated 29.8.2008.



On promotion, the pay of the promotees should not be less than the direct recruits.



In VI CPC structure there is no pay scale and new concept of grade pay has been inducted, which should determine the status. As such the following provisions need to be inserted below clarification 2. 'The method of Fixation of Pay on promotion on or after 1.1.2006.



"on promotion to the higher grade pay of an employee should be fixed appropriately and in any case it should not be less than the entry Pay in the revised pay structure for direct recruits appointed on of after 1.1.2006 for the post." further, on promotion to the next higher grade pay an employee should be fixed by adding 10% of pay, plus the grade pay as demanded by NC/JCM in its memorandum submitted to the Chairman, NC/JCM/Cabinet secretary on 8.4.2008.



Decision.

The Official Side agreed to issue enabling orders in the matter.



Item No. 8.
Refixation of pension/family pension.

Para 9 of the Ministry of Personnel, Public Grievances and Pension's O.M. No. F.No. 38/37/08-P&PW (A) dated 1.9.2008 states as under:-

"The consolidated pension / family pension as worked out in accordance with provisions of para 4.1 above shall be treated as final basic pension with effect from 1.1.2006 and shall qualify for grant of Dearness Relief sanctioned thereafter.".



This has left uncovered the provision made in para 4.2 of the same OM, which lays down as under:-



"The fixation of pension will be subject to the provision that the revised pension in no case, shall be lower than fifty present of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. In the case of HAG + and above scales, this will be fifty percent of the minimum of the revised pay scale."



Since refixation of pension has been allowed both under paras 4.1 and 4.2, they should both he covered in para 9 of the OM. It is requested that para 9 of the said OM may be revised including both paras 4.1 and 4.2 thereof.



Decision.

Orders have been issued vide O.M.dated 12th and 14th September, 2009


Item. No. 9.

Anomaly in pension for Government Servants who retired/Died in harness between 1.1.2006 and 1.9. 2006

The Sixth Central Pay Commission lays down inter-alia that once an employee renders the minimum pensionable service of 20 years, pension should be paid at 50% of the average emoluments received during the past 10 months or the pay last down, whichever is more beneficial to the retiring employee.



As per the Ministry of Personnel, Public Grievances and Pension O.M. F.No. 38/37/08-P&P(W)(A) dated 2nd September 2008, these orders shall come into force with effect from the date of issue of this OM, namely 2nd September 2008 and shall be, applicable to all Government Servants becoming entitled to pension after rendering the minimum qualifying service of 20 years or on completion of 10 years qualifying service in accordance with rule 49(2) of the CCS (Pension) Rules, 1972.



However, the Govt. servants who have retired on or after 1.1.2006 but before the date of issue of this OM (2.9.2008) have been debarred from this benefit. They will be governed by the rules/ orders which were in force immediately before coming into effect of these orders. In other words their pension will be calculated on average emoluments received during the last 10 months and not on the actual pay last drawn. It is requested that this discrimination should be removed.



Decision.

Orders are under issue. The Staff Side raised the inordinate delay in fixing the revised pension and disbursement of arrears to pensioners. The official side assured to monitor the payment of arrears to pensioners. The refusal on the part of many banks to issue the due and drawn statement even on requisition was also brought to the notice of the Chairman. The Director (Pension) assured that suitable instructions would be issued in this regard to all Banks.



Item No.10.

Commutation of pension.



The minimum period of service for eligibility for pension is 10 years. For appointment to Government Service the minimum age is 18 years. In view of this, if a person is appointed at the age of 18 years he cannot become eligible for pension unless he has served for a period of at least 10 years and attained the age of 28 years i.e. when his birthday falls in the 29th years.



The table adopted a per the Ministry of Personnel, Public Grievances and Pension's OM No. 38/37/08-P&PW (A) dated 2.9.2008 shows the minimum age of next birthday after retirement as 20 which is not understood. It is requested that suitable amendment to the table referred to may be notified.



The item was withdrawn by the Staff Side.



Item No.11 to 14. These items were deferred for discussion at the next meeting.



Item No.15.

Parity in pension of all pre 1996 retirees with those who retired on or after 1.1.2006



The Government have already accepted in principle that there shall be parity in pension amongst pensioners irrespective of the date from which they had retired.

Accordingly pension of all pre 1986 retirees was revised with effect from 1.1.96 by first determining the notional pay which would have been fixed as on 1.1.86 (treating as if the employees were in service on that date) and then the Notional Pension was updated by applying the same fitment formula which was applied to serving employees.

We, therefore demanded that the notional pay of all pre 1996 retirees may be fixed as on 1.1.96 in terms of Revised Pay Rules, 1996 and the notional pension as on 1.1.96 may be revised w.e.f. 1.1.06 by applying the same fitment formula which is applied in the case of serving employees i.e. by multiplying the notional pension as on 1.1.96 by 1.86 + the Grade Pay of the Pay Scale (V CPC) from which they would have retired.



The revision of pension has been done by applying the formula of Basic Pension as on 1.1.96 + Dearness Pension (50% of Basic Pension) + Dearness Relief on Basic Pension + Dearness Pension+40% of Basic Pension.



This is not the same that has been granted to serving employees. In whose case the Grade Pay which is the fitment benefit is 40% of the maximum of the Pre-revised Pay Scale.

As such the Pensioners should also be granted 50% the of Grade Pay of the Pay Scale from which they had retired by way of fitment benefit and not 40% of Basic Pension.



Decision.

The Staff Side pointed out that the 6th CPC in order to maintain the existing modified parity between the present and future retirees had indicated that it would be necessary to allow the same fitment benefit as is being recommended for the existing Government employees vide para 5.1.47 in page 338. However, the Commission recommended that all past pensioners should be allowed fitment benefit equal to 40% of the basic pension. The statement and the recommendation made to give effect to the statement was at variance giving rise to anomaly and disparity in pension entitlement between the past pensioners and the future pensioners. After detailed discussion, the official side agreed to consider the issue once again.



At the conclusion of the meeting, the Staff Side took up the matter concerning non representation of Postal Federations in the National Council as some members of a Federation which could not muster even 5% membership had been approaching one court or the other in a bid to delay the verification process and consequent recognition of the Associations and Federations in the Postal Department. As it would be a never ending process, the denial for the unions who had mustered more than 75% of the membership representation in the National Council would be a miscarriage of justice, the Staff Side added.. The Director (SR) of the Postal Department, who had represented the Postal Department in the official side agreed with the contention of the Staff Side and reported to the Chairman, that they had granted adhoc recognition to the Unions who had mustered the requisite membership and the Department Council had also been convened and met on adhoc basic. The question of granting of representation to the representatives of the Staff in the National Council had been referred to the Department of Personnel and their advice in the matter was being solicited. The Chairman assured the Staff Side to look into the matter and take appropriate decision soon.



The denial of revised higher Grade Pay to Master Craftsmen of Workshops in MMS in the Postal Department, while affording the same to those in Railways and Defence was also raised by the Staff Side. The Department of Expenditure pointed out that they had not received any reference from the Postal Department in this matter, whereas the official side representative of the Postal Department stated that they had referred this matter to them earlier. After some discussion, it was agreed that the Department of Expenditure and the Postal Department would sort out this matter expeditiously.





With greetings,

Yours fraternally,





K.K.N. Kutty

Secretary General

COC/Karnataka/2009-138

To
The Secretary General
Confederation of Central Government Employees
And Workers, New Delhi

Comrade,

This is to bring to your kind knowledge regarding CGHS contribution earlier the contribution was collected on the Pay + DP, now the contribution system has been changed to Grade Pay after 6th CPC w.e.f 1.6.2009 earlier payment CGHS contribution was in the range of Rs 15 to Rs 100 for Group D to Group B, now its Rs 50 to Rs 325 for this has resulted in manifold increase payment of CGHS contribution by 300%, Regarding CGHS Contributions the earlier person with Rs 6000 as Basic pay in pay scale of Rs 5000 –8000 was paying Rs 70, now after 6th CPC from 1.6.2009 he is requested to pay Rs 225 as CGHS contribution. Hence it is 300 % increase in CGHS contribution In case of an LDC he used to pay Rs 40 now he is required to pay Rs 125 in all cases the CGHS contribution has increased by 300%. Compared to net salary increase of 40%. Hence drastic reduction needs to done in CGHS contribution’s.

Entitlement of wards in Hospitals under CGHS ward entitlement is based on pay drawn and the Officers are also paying Rs 325 as CGHS contribution’s they are entitled for private and semi private ward now, where as Group B persons even after paying the same CGHS contribution’s of Rs 225 and Rs 325 per month are entitled only for general ward based on pay drawn.

Hence the entitlement of wards in Hospitals under CGHS ward entitlement are to be based on Grade Pay ie Grade pay of Rs 4200 and above should be entitled for Semi –Private ward and for Grade pay of Rs 4600 and above should be entitled for Private ward. It is requested to take up this issue.

Comradely yours

(P.S.Prasad) General Secretary

23rd National Council Meetings of Confederation

THE THREE DAYS SESSION OF 23rd NATIONAL COUNCIL OF CONFEDERATION HAS COME TO AN END

SEVERAL IMPORTANT RESOLUTIONS HAVE BEEN ADOPTED BY THE NATIONAL COUNCIL

A TOTAL OF 133 COUNCILLORS AND 16 OBSERVERS ATTENDED THE NATIONAL COUNCIL
THE FOLLOWING TEAM OF OFFICE BEARERS WAS ELECTED UNANIMOUSLY:


1 President S.K.Vyas Audit
2 Working President K.Ragavendran NFPE
3 Vice President T.Narasihman NFPE
4 -do- K.V.Sridharan NFPE
5 -do- K.P.Rajagopal ITEF
6 -do- M.Duraipandian Audit
7 -do- N.Somayya Ground Water
8 Secretary General K.K.N.Kutty ITEF
9 Secretary M.S.Raja Audit
10 Assistant Secretary Vrighu Bhattacharjee Civil Accounts
11 -do- Ashok Salunkhe ITEF
12 -do- Ishwar Singh Dabas NFPE
13 -do- Jayaraj Atomic Energy
14 -do- S.S.Mahadevaiah GDS
15 Finance Secretary Giriraj Singh NFPE
16 Organising Secy P.K.Das IBM
17 -do- Ashok Kanojia ITEF
18 -do- Mani Acharya Atomic
19 -do- Geeta Ghosal ITEF
20 -do- P.Suresh NFPE
21 -do- R.Seethalakshmi NFPE
22 -do- Nageswara Rao Audit
23 -do- Pijush Roy Civil Accounts
24 -do- P.Rajanayagam Postal Accounts
25 -do- R.P.Singh Agmark
26 -do- D.P.S.Madan Central Secretariat
27 -do- T.K.R.Pillai Statistics

MACP Group D Clarification

N0.3503413/2008-Estt(D)
Government of lndia
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
New Delhi 1 10001
16th November, 2009
OFFICE MEMORANDUM
SUBJECT:- MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS) FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES - CLARIFICATIONS REGARDING.
Reference is invited to the Department of Personnel and Training (D0PT)'s Office Memorandum of even number dated the lgth May, 2009 regarding the Modified Assured Career Progression Scheme (MACPS).
Consequent upon the implementation of Sixth Pay Commissions recommendations, the four pre-revised Group 'D' pay scales viz., Rs.2550-3200, Rs.2610-3540, Rs.2610-4000 and Rs.2650-4000 have been upgraded and replaced by the revised pay structure of grade pay of Rs.1800 in the pay band PB-1. As per the recommendations of Sixth CPC, Government.servants in these four pre-revised Group 'D' scales have been granted the Group 'C' revised pay structure of grade pay of Rs.1800 in the pay band PB-1. It has been decided on the analogy of point-5 of Annexure-l of MACPS dated 19.05.2009 that promotions earned or upgradations granted under ACP Scheme of August,-1999 in the past to the four pay scales mentioned above, which now carry the grade pay of Rs.18001- shall be ignored for the purpose of MACPS. However, promotions/financial upgradations earned by existing Group 'D' employees to grade pay of Rs.1900 (pre-revised scale of Rs.3050-75-3590-80-4590) shall be counted for the purpose of MACPS.
2. Hindi version would follow.
Sd/-
(Alok Ranjan)
Director (Establishment)
1. All MinistrieslDepartments of the Government of lndia (As per standard list).
Copy to :-
I. President's SecretariaWice President's SecretariaffPrime Minister's OfficelSupreme CourVRajya Sabha SecretariaULok Sabha Secretariaff Cabinet Secretariat/UPSCICVCIC&AGICentraI Administrative Tribunal
(Principal Bench), New Delhi
2. All attachedlsubordinate offices of the Ministry of Personnel, Public Grievances and Pensions.
3. Secretary, National Commission for Minorities
4. Secretary, National Commission for Scheduled CastesIScheduled Tribes
5 Secretary, Staff Side, National Council (JCM), 13-C, Ferozeshah Road, New Delhi
6. All Staff Side Members of the National Council (JCM)
7. Establishment (D) Section - 100 copies.
8.

Human Chain Program

COC/Karnataka/2009-137

To
The Secretary General
Confederation of Central Government Employees
And Workers, New Delhi

Comrade,

This is to bring to your kind knowledge Human Chain programme by Central Government Employees was organized on 25th November 2009 at venue near MG Statue MG Road Bangalore to urge the Central Government to settle the following demands at the earliest, in which 150 members from following organizations participated in Human Chain program. Press coverage and central and state intelligence reports were collected on our demands

a) AIDEF b) NFPE c) ITEF d) AG’s Cat II & III e) Survey of India Employees Association f) AICGWBEA g) GSIEA h) CGHS

Charter of Demands:
1 Reduce the price of all essential commodities.
2 Withdraw Orders on Outsourcing of Governmental Functions & Closure of offices.
3 Fill up all Group D posts by and stop contracting out and employing daily rated/casual workers to Group D functions.
4 Reverse the decision to impose the New Contributory Pension Scheme and withdraw the order asking the employees to exercise option as a precondition to draw the 6th CPC arrears.
5 Remove the arbitrary ceiling on compassionate appointments.
6 Implement the Board of Arbitration awards.
7 Grant Pension and status of civil servant to GDS.

Comradely yours


(P.S.Prasad)
General Secretary

25th nov prog pamphet

KARNATKA STATE CO-ORDINATION COMMITTEEOF CENTRAL GOVT. EMPLOYEES’ & WORKERS


Join in large numbers
Human Chain Programme
On
25th November 2009
To
Urge the Central Government
To settle the following demands at the earliest

Venue: Near MG Statue MG Road
Time: 1PM to 2 PM


Charter of Demands
1 Reduce the price of all essential commodities.
2 Withdraw Orders on Outsourcing of Governmental Functions & Closure of offices.
3 Fill up all Group D posts by and stop contracting out and employing daily rated/casual workers to Group D functions.
4 Reverse the decision to impose the New Contributory Pension Scheme and withdraw the order asking the employees to exercise option as a precondition to draw the 6th CPC arrears.
5 Remove the arbitrary ceiling on compassionate appointments.
6 Implement the Board of Arbitration awards.
7 Grant Pension and status of civil servant to GDS.

All Central Government employees are requested to join in large number and make the programme of human chain a grand success and express solidarity with the demands.

Unity and Strength brings success
Confederation Zindabad
Workers’ Unity

Issued by COC

Human Chain on 25th Nov 09

Comrades,

As per our decision taken at the last National Executive meeting of the confederation we are to organize a human chain on 25.11.2009 at 13 hrs to 14 hrs at M.G.Statue M.G.Road Bangalore by eliciting massive participation of the members. Kindly take all necessary arrangements to make the programme a grand success.

charter of demands is as under:
a) To reduce the price of all essential commodities.

b) To rescind the orders on outsourcing of Governmental functions and closure of offices.

c) To fill up all vacancies of Group D posts by regular recruitment and stop contracting out the Group D functions and employing daily rated/casual workers to carry out the Group D functions.

d) Reverse the decision to impose the New Contributory Pension Scheme and withdraw the order asking the employees to exercise option as a precondition to draw the 6th CPC arrears.

e) Remove the arbitrary ceiling on compassionate appointments.

f) Implement the Board of Arbitration awards.

g) Grant Pension and status of civil servant to GDS.


Comradely yours

(P.S.Prasad)
Genersl Secrtary

COC Meeting Minutes

Karnataka State Co ordination Committee of Central Government Employees & Workers, Bangalore
Cir No14
To

The Executive members, Special invitees &
Chief Executives of Affiliates

Dear Comrade,
In the Meeting of Karnataka COC held on 14th October 2009 at AG’s office the following decisions were taken under the joint Chairmanship of Com P.Kamaleshan President & Com Radhakrishna working president.

a) The National Executive meeting of the Confederation of Central Government Employees will be held on 4th to 6th December 2009 at New Delhi. In this connection the meeting authorised the General Secretary to attend the meeting at New Delhi on behalf of COC. The meeting also discussed the agenda to be placed in the meeting. The affiliates are requested to submit detailed agenda to be placed in the meeting.

b) It was decided the meeting to organise the Human Chain on 25th November during lunch hour as per Confederation circular.


c) An appeal was made to pay the membership subscription for the year 2008 & 2009 at the rate of Rs 2/- per member.

d) The Affiliates are requested to intimate the COC regarding the membership of each organisation as per the Confederation circular to be presented in the conference.

e) The Natural Calamity has struck the North Karnataka people. The meeting also appeals all Central Government Employees to voluntarily contribute to this noble cause in the meeting it was decided as in the past the One Day salary can be contributed to Chief Minister Relief Fund for taking up relief work.


The next meeting of COC is likely to be held in November 2nd week.

Fraternally yours


(P.S.Prasad)
General Secretary

COC meetng -October

To
All Affilates
COC Karnataka

Comrade,
The COC Meeting will be held on 14th October 2009 at 18.30 hrs at AG'S office all Comrades are requested to attend the meetingto discuss the latest developments.

Comradely yours

P.S.Prasad
General Secretary

Workmen or unions must be heard in labour disputes: SC

Workmen or unions must be heard in labour disputes: SC


In labour disputes, the aggrieved workmen/unions should be compulsorily heard by the courts, before any order is passed, as otherwise, it would be violation of the "principles of natural justice," the Supreme Court has ruled.

"Labour statutes are meant for the benefit of the workmen. Hence, ordinarily in all cases under labour statutes the workmen, or at least some of them in a representative capacity, or the trade-union representing the workmen concerned must be made a party," a bench of Justices Markandeya Katju and Asok Kumar Ganguly observed.

The apex court passed the ruling while directing the Employees State Insurance (ESI) Court in Travancore to implead (hear) certain workmen who had been refused medical insurance benefits by the Fertilizers Chemicals Travancore Ltd to decide the eligibility of the workmen under the scheme.
Source: PTI

Confederation Meeting Highlights

CONFEDERATION FINALISES CHARTER OF DEMANDS

The National Executive of Confederation met at New Delhi on 13th Sept 2009 under the presidentship of Com SK Vyas. The meeting after detailed deliberations finalised charter of demands and also decided to step up campaign amongst the rank and file of Central Government employees.
The Charter of Demands is given below:

(a) Reduce the price of all essential commodities.(b) Rescind the orders on outsourcing of Governmental functions and closure of offices
(c) Fill up all vacancies of Group D posts by regular recruitment and stop contracting out the Group D functions and employing daily rated/casual workers to carry out the Group D functions;
(d) Remove the condition imposed on employees who are recruited after 1.1.2004 to draw the 60% arrears (viz. the compulsory filing of application for registration to NPS)
(e) Rescind the decision to replace the CGHS and Medical facilities by Medical Insurance scheme without causing any discussion in this regard with the Staff Side.
(f) Restore the Departmental Council functioning in all Ministries/Departments and ensure that the meetings of the Councils are held once in every four months. Convene the meeting of the Anomaly committees to discuss and settle the issues.

ORGANISE HUMAN CHAINS ON 25TH NOVEMBER 2009

The Confederation National Executive called up on the affiliates and CoCs to mobilise the employees and workers to organise a Human Chain on 25th November 2009 preferably connecting two Central Govt. offices as is chosen by the concerned COCs. The human chain is to be organised to project the charter of demands listed in the earlier para and as detailed in the resolution given along with the enclosed Confederation Circular.
We endorse the decision of the Confederation and call upon every unit to take lead in the campaign to mobilise the Charter of Demands and implementation of the call for Human Chain on 25th November 2009.

CONFEDERATION NATIONAL COUNCIL ON 4, 5, 6 DEC 2009

The meeting of National Executive Committee of Confederation decided to hold the National Council (Conference) of the Confederation on 4,5, 6 December 2009 at New Delhi. The details are given the enclosed circular 35 of Confederation.

COC subscription for the year 2008 and 2009 years

Karnataka State Co ordination Committee of Central Government Employees & Workers, Bangalore
Dated: 16/9/09
Cir No12
To

The Executive members, Special invitees &
Chief Executives of Affiliates

Dear Comrade,
The meeting of Confederation of Central Government Employees and Workers New Delhi held on 13th September 2009 has decided to have the National Executive meeting of the Confederation of Central Government Employees on 4th to 6th December 2009 at New Delhi.

The meeting has asked the affiliates to declare its staff strength in respective units, as such the affiliates are requested to furnish the respective staff strength in Karnataka State to be presented to Confederation.

The COC on its part has to pay Rs 5000/- as subscription to Confederation, All affiliates are requested to clear the payment of the COC subscription for the year 2008 and 2009 years at the rate of Rs 2/- per member at the earliest and also special contributions for COC at Rs 20/ per member (if not paid earlier). So that the COC will be financially sound to take up various Confederation programs in coming months and early next year and also clear Confederation dues.

The next meeting of COC is likely to be held in October 2nd week, we are waiting for confirmation of Com M.S.Raja Secretary of Confederation of Central Government Employees program who is likely to address the COC meeting. The next COC meeting shall finalise the agenda to be placed for National Executive meeting of the Confederation.

Fraternally yours


(P.S.Prasad)
General Secretary

Merger of pay scales

Karnataka Co-coordinating Committee of
Central Government Employees and workers, Bangalore

COC/Kar/2009-39 Dated: 5/9/2009

To
The Secretary General
Confederation of Central Government
Employees and Workers. New Delhi

Dear Com Kutty,
This is bring to your kind knowledge after merger of pay scales pertaining to Rs 5000- 8000, Rs 5500-9000 & Rs 6500-10,500 into a single Grade pay of Rs 4200, The many departments are issuing promotions in the same grade pay example earlier an Assistant was in the pay scale Rs 5000- 8000 and Office Supdt. was in the pay scale Rs 5500-9000 now also these post have not been merged after 6th CPC instead all most in all Departments including Income tax dept. promotions are taking place from Assistant to Supdt. in the same grade pay. after promotion since it carries no financial up gradation of pay structure that is grade pay remains the same they have been denied the additional increment on promotion. where as on promotion they have to discharge higher responsibility.

Please take this matter either to merge the post pertaining to grade pay of Rs 4200 or grant additional increment on promotion.


Comradely yours

(P.S.Prasad)
General Secretary

Collection of donation from arrears.

Placed hereunder is an appeal for compliance

Dated: 1.9.2009

Collection of donation from arrears.
Comrade,

We have intimated you (please see website) that the Government has issued the orders for the disbursement of arrears of salary (2nd installment, 60%) vide orders dated 25th August, 2009. The arrears would be drawn and disbursed in September, 2009 in all offices. We take this opportunity to remind you of our decision to collect Rs. 20/-- from each of our members out of the 6th CPC arrears. a few affiliates had collected this from the first installment of arrears and remitted. We, therefore, request you to kindly ensure that the amount is collected and remitted to the COC.



With greetings,

Yours fraternally,

P.S.Prasad
General Secretary

To

All affiliates