2020 Nationwide Strike calls upon entire Central Government Employees

2020 Nationwide Strike calls upon entire Central Government Employees

Confederation of Central Government Employees & Workers Central Headquarters

Ist Floor, North Avenue Post office Building,
New Delhi-110001

No. Confdn/NS/ 2016-19

Dated-18.11.2019

Important Circular

To
1. All National Secretariat Members (CHQ Office Bearers)
2. All Affiliated organisations
3. All General Secretaries of C-O-Cs.

Confederation National Secretariat Calls upon Entire Central Government Employees

(including Gramin Dak Sevaks and Casual/Contract Workers)

To Mobilise and Participate in the 2020 January 8th Nationwide Strike
Organise Mass Dharna and Demonstrations and Rallies at all important centres and State/ District/ Divisional Headquarters on 20th December, 2019.

• Strike to be organised on 10 points Charter of demands of Confederation (attached herewith) and also the common demands of workers adopted in the National Convention of Workers.
• First and most important demand to be emphasized is "Scrap NPS and Restore OPS".
• Each affiliated organisation should independently chalkout intensive campaign programmes to mobilise their entire membership to participate in the strike. Campaign tour programmes of leaders of each affiliate should be chalked out immediately. This is most important and urgent.
• Campaign tour programmes of National Secretariat Members of Confederation will be published shortly.
• Draft copy of the pamphlet to be distributed among all the Central Government employees will be published in the Confederation website shortly. C-O-Cs and Affiliates at state/ district level to bring out pamphlets in respective vernacular, with additions/ modifications if necessary.
• State C-O-Cs should publish Posters with Confederation Charter of demands.
• Strike notice along with Charter of demands will be served on 12th December, 2019.
  Confederation Central Headquarters will serve strike notice to Cabinet Secretary. All Affiliated organisations should serve strike notice to their respective Departmental heads. Copy of the strike notice should be submitted to all lower level authorities also at State/ District/ Divisional level with mass demonstrations and gate meetings.
• Affiliated organisations should send copy of the strike notice served by them to their Departmental heads, to all their lower units and also publish the same in their websites.
• State/ District C-O-Cs should plan their own campaign programmes and mobilisation meetings.
• Confederation Central Headquarters has already written to the Secretary General of Confederation of Central Government Gazetted Officers Organisation (CCGGOO) requesting to participate in the 8th January 2020 strike.
• Message of the strike and strike demands should reach each and every Central Govt. employee including Gramin Dak Sevaks and Casual, Part-time contingent, daily-rated and Contract Workers.
• All Affiliates and C-C-Cs should ensure maximum participation of Central Govt. employees in all the campaign and mobilisation programmes of Joint Action Council of Central Trade Unions and Independent Federations also.
• As in the past, Government may issue circulars, threatening the employees who participate in the strike. Ignore all such circulars and join the strike with courage and determination. Don’t believe in rumours. All information related to the strike will be published in Confederation website www.confederationhq.blogspot.com
• Mass dharna at all important centres and also at State/ District/Divisional headquarters may be organised on 20th December 2019, with maximum participation of Central Govt. Employees.
• Give maximum publicity through local media, social media and websites. Send photos and reports by whatsapp or Email to Confederation Headquarters.
• Central Government Pensioners Associations may be requested to particpate in all mobilisation programmes and also to organise solidarity programme on 8th January, 2020.
  Remember, all our existing benefits and rights are achieved through struggles and sacrifices only. No strike action will go in vain. No sacrifice will go in vain. We will fight and we will win.

Also check the 2 days nation-wide strike on 8th & 9th January 2019 - Confederation

II. National Conference of Confederation of Central Government Employees & Workers:
As already informed to all in the Circular dated 01-08-2019, the next National Conference of Confederation of Central Government Employees & Workers will be held at NAGPUR (Maharashtra) on 07-02-2020 and 08-02-2020 (7th & 8th February 2020; Friday and Saturday). Delegate fee per head is Rs.1,000/- (Rs. One thousand only). In addition to delegates, visitors are also allowed to attend the Conference on payment of Rs.1,000/- (Rs. One thousand only) per head.

All Affiliated organisations and C-O-Cs are requested to ensure maximum participation of delegates and visitors in the National Conference, including maximum Lady delegates and visitors.

Please book the travel tickets of the delegates and visitors well in advance. Last minute, confirmed tickets will not be available.

C-O-C, Vidharbha Region, Maharashtra, Nagpur, is hosting the National Conference. Contact Number: Com: Nilesh D Nasare, General Secretary, C-O-C, Vidarbha Region, Nagpur & All India Organising Secretary, Confederation CHQ, Mob: 09850354898.

Women’s Sub Committee of the Confederation will be re-constituted in the Conference and New Office Bearers will be elected.
The names and mobile numbers of leaders, delegates and visitors attending the National Conference may be intimated to the Reception Committee on or before 31-12-2019. This is required for arranging accommodation.
C-O-C Mumbai, C-O-C Nagpur and nearby states C-O-Cs may ensure participation of more delegates/ visitors/ lady comrades.

Formal notice of the National Conference will be issued shortly.

Number of Delegates and Quota Remittance:

Number of eligible delegates of each Affiliated organisation and C-O-C is decided based on the quota remitted. The National Secretariat meeting of Confederation held at Hyderabad on 19th October 2019, has decided that the subscription/ quota dues list of affiliates will be placed in the Comnfederation website by the Financial Secretary shortly and all will be once again asked to pay out the arrears by 20-12-2019. On the basis of remittances received thereupon, voting rights will be compiled and exhibited in the website.

Contact number of Com.Vrigu Bhattacharjee, Financial Secretary, Confederation CHQ - 09868520926 and 09013163804.

All the Affiliated organisations and C-O-Cs are once again requested to remit the subscription/quota dues on or before 20-12-2019 without fail and ensure participation of maximum delegates and visitors in the National Conference.

Let us meet at Nagpur after the Historic 2020 January 8th Strike.
Let us strenghten our unity further.
Unity for struggle and struggle for unity.

Fraternally yours,
M. Krishnan,
Secretary General,
Mob: 09447068125
Email: mkrishnan6854@gmail.com

10 Points Charter of Demands of Confederation

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. Honour assurance given by Group of Ministers (GoM) to NJCA leaders on 30-06-2016. Increase Minimum Pay and Fitment formula. Withdraw the proposed move to modify the existing time-tested methodology for calculation of Minimum wage. Grant HRA arrears from 01-01-2016. Withdraw “Very Good” bench mark for MACP, Grant promotional heirarchy and date of effect from 01-01-2006. Grant Option-I parity recommended by 7th CPC to all Central Govt. Pensioners. Settle all anomalies arising out of 7th CPC implementation.
3. Stop corporatisation / privatisation of Railways, Defence and Postal Departments. Withdraw closure orders of Govt. of India Printing Presses. Stop proposed move to close down Salt Department. Stop closure of Govt. establishments and outsourcing.
4. Fill up all six lakhs vacant posts in the Central Government Departments in a time bound manner. Reintroduce Regional Recruitment for Group B & C posts.
5. (a) Regularisation of Gramin Dak Sevaks and grant of Civil servant status. Implement remaining positive recommendations of Kamalesh Chandra Committee report.
   (b) Regularise all casual and contract workers including those joined on or after 01-09-1993.
6. Ensure 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.
7. Implement 7th CPC Wage Revision and Pension revision of remaining Autonomous bodies. Ensure payment of arrears without further delay. Grant Bonus to Autonomous body employees pending from 2016-17 onwards.
8. Remove 5% condition imposed on compassionate appointments. Grant appointment in all eligible cases.
9. Grant five time bound promotions to all Group B & C employees. Complete Cadre Review in all departments within a time-frame.
10. (a) Withdraw the anti-worker wage/labour codes and other anti-worker Labour reforms. Stop attack on trade union rights. Ensure prompt functioning of various negotiating forums under the JCM Scheme at all levels.
    (b) Withdraw the draconian FR 56 (j) and Rule 48 of CCS (Pension Rules 1972

Complaints regarding central government employees fixation of seniority - PIB

Complaints regarding central government employees fixation of seniority - PIB

Ministry of Personnel, Public Grievances & Pensions
Irregularities in Fixation of Seniority

21 NOV 2019

The Department of Personnel & Training (DoP&T), being the nodal Department on policy relating to seniority, has prescribed guidelines on determination of seniority in Central Civil Services and Civil Posts, which are to be followed by the Administrative Ministries / Departments.

Whenever complaints regarding fixation of seniority are received, these references are forwarded to the respective Cadre Controlling Authorities with whom the details of the cases are available, for taking appropriate action. Details regarding action taken by the Cadre Controlling Authorities on such references are, however, not maintained centrally.

Also check: Fixation of range of seniority for promotion from PA to PS Grade of CSSS

Wherever clarifications/ interpretation of Rules/Instructions are sought by the Cadre Controlling Authorities, DoP&T renders its advice in respect of such references.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Rajya Sabha today.

PIB

Central Government Special Recruitment Drive for SCs/STs

Central Government Special Recruitment Drive for SCs/STs

Ministry of Personnel, Public Grievances & Pensions
Special Recruitment Drive for SCs/STs

21 NOV 2019

Department of Personnel & Training (DoPT) has issued general instructions to all Ministries/ Departments to constitute an In-House Committee for identification of backlog reserved vacancies, to study the root cause of such vacancies, to initiate measures to remove the factors causing such vacancies and to fill them up through Special Recruitment Drives. DoPT monitors the progress with regard to filling up of backlog reserved vacancies for Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) in ten Ministries/Departments, having more than 90% of the employees of Central Government.

Also read: First major recruitment with the benefit of 10% reservations for EWS

As per the data provided by six Ministries/ Departments (which includes data relating to Public Sector Banks, Financial Institutions, Central Public Sector Undertakings etc.), as on 31.12.2017, out of 13968 backlog vacancies for SCs and 11040 backlog vacancies for STs, 6186 backlog vacancies for SCs and 4137 backlog vacancies for STs were filled up. As on 01.01.2018, 7782 backlog vacancies for SCs and 6903 backlog vacancies for STs remained unfilled.

Besides the above six, three more Ministries/ Departments have informed that as on 31.12.2018, out of 9624 backlog vacancies for SCs and 8659 backlog vacancies for STs, 7911 backlog vacancies for SCs and 6129 backlog vacancies for STs were filled up. As on 01.01.2019, 1713 backlog vacancies for SCs and 2530 backlog vacancies for STs remained unfilled.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Rajya Sabha today.

PIB

Central government employees representation on their service matters – CGA

Central government employees representation on their service matters – CGA

No.CDN/ MF.CGA/ CPGRAM/ 2019/ 378

Ministry of Finance

Department of Expenditure,

Controller General of Accounts

Mahalekha Niyantrak Bhawan

Block-E, GPO Complex, INA, New Delhi.

Dated 19th November, 2019

Office Memorandum

Representation from government servant on service matters.

Attention is invited to the instructions issued by DoPT from time to time on submission of representations by government servant on their service matters. In spite of these instructions, it has been observed that employees of this organisation or their relatives are frequently submitting the representations to Prime Minister/ Minister/Secretary directly for seeking redressal of their grievances. It is clarified that it would include all forms of communication through e-mails or public grievance portal etc. If a government servant wishes to seek redressal of a grievance, the proper course is to address his immediate official superior, or Head of Office, or such other authority at the appropriate level who is competent to deal with the matter in the organisation.

Also check: Important matter of the service period, affecting the Central Government Employees

Attention is also invited to the provision of Rule 20 of CCS( Conduct) Rules, 1964 prohibiting Government servants from bringing outside influence in respect of matter pertaining to his service matters. Violation of these instructions may be treated as unbecoming conduct on the part of government servant and may attract the provision of Rule 3(1) (iii) of CCS(Conduct) Rules, 1964.

Therefore, all. Pr.CCAs/CCAs/CAs (with independent charges) are requested that these instructions may be brought to the notice of all government servants working under their administrative control. Violation of the instructions may led to disciplinary action against the government servant under relevant rules.

This issues with the approval of Controller General of Accounts

(Dr. Richa Pandey)

Asstt. Controller General of Accounts

Download the order

MACP CAT Chandigarh - Ignore the promotion received for MACP purposes by the post bearing the same Grade Pay

MACP CAT Chandigarh

Ignore the promotion received for MACP purposes by the post bearing the same Grade Pay

CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH

OA. 063/00687/2018
MA No. 063/00460/2019

Reserved on : 24.09.2019
Pronounced on: 14.11.2019

HON’BLE MR. SANJEEV KAUSHIK, MEMBER(J)
HON’BLE MR. A.K. BISHNOI , MEMBER(A)

1. Shalini Naagi wife of Sh. Suraj Prakash, aged 49 years r/o H. No. 261, Gurdev Nagar, Zirkpur, Distt. Mohali (Pb) Office Superintendent, (Group ‘B’ Non Gazetted), Office of Additional Surveyor General, Northern Zone, Survey of India, Chandigarh.
2. Satbir Singh son of Sh. Surjan Singh, aged 59 years, r/o H. No. 565, Sector 32-A, Chandigarh, Office Superintendent, (Group „B‟ Non-Gazetted) Office of Director HP GDC, Survey of India, Chandigarh.
3. Habib Ahmad Siddiqui son of Late Sh. N.M. Siddiqui, aged 59 years r/o H. No. 603/B, Sector 32- A, Chandigarh, Office Superintendent, (Group „B‟ Non Gazetted) Office of Director Punjab, Haryana and Chandigarh GDC, Survey of India, Chandigarh.

…APPLICANTS
(Through Shri R.C. Sharma, Advocate)

VERSUS

1. Union of India, through Secretary to Government of India,Ministry of Science and Technology, New Mehrauli Road, Block C, Admin, New Delhi-110 016.
2. The Surveyor General of India, Hathibarkala Estate, Dehradun, Uttrakhand.
3. The Additional Surveyor General, Northern Zone, Survey of India, Sector 32-A, Chandigarh.
4. Director, Punjab, Haryana and Chandigarh GDC, Survey of India, Sector 32-A, Chandigarh.
5. Director, Himachal Pradesh GDC, Survey of India, Sector 32-A, Chandigarh.

…….RESPONDENTS

(Through Shri K.K. Thakur, Advocate)

ORDER

MR. A.K. BISHNOI, MEMBER (A):

The applicants have filed the present Original Application seeking the following reliefs:
“It is respectfully prayed that in view of the submissions made above this Hon’ble Tribunal may be pleased to set aside the impugned letters/ orders impugned communications/letters dated 22.05.2017 of the Respondent No.1 (Annexure A-6) and impugned letters dated 09.06.2017 and 01.12.2017 of the respondent number 2 (Annexure A-7 and A-8) effecting reversal and cancellation of the benefit of MACP granted to the applicants.”

Also check: IMPLEMENTATION OF HONARABLE SUPREME COURT ORDER ON MACP SCHEME

2. Briefly, the facts of the case are as follows:

2.1 On implementation of Sixth Central Pay Commission (CPC) with effect from 01.01.2006, both the posts of Assistant and Office Superintendent (OS) were merged and assigned the same pay band and grade pay i.e. Pay Band of Rs. 9300-34800 (PB 2) with Grade Pay of Rs. 4200/-. On 15.06.2009, MACP Scheme was notified requiring financial upgradation on completion of 10, 20 and 30 years of service or 10 years of service in same grade pay.

2.2 The applicants were granted third MACP with effect from 30.07.2014, 27.09.2013 and 16.12.2012 vide letters dated 28.07.2014, 03.03.2014 and 03.01.2013 respectively on completion of 30 years of service and on remaining in the same grade pay for ten years. Some persons junior to the applicants who had not been promoted, were granted the benefit of third MACP with Grade Pay of Rs.4600/-. The applicants continued to receive pay and allowances on the basis of pay fixed after grant of MACP. However, through communication dated 22.05.2017, it was informed by respondent no.1 to respondent no.2 that MACP was not admissible to the applicants as the promotion from the post of Assistant to OS cannot be ignored for this purpose.

2.3 Subsequently, vide orders dated 09.06.2017 and 01.12.2017 (Annexures A-7 and A-8), the grant of MACP to the applicants was reversed. The applicants thereafter submitted representations to reconsider the decision of reducing the grade pay (Annexures A-9, A-10 and A-11) but no relief was granted by the respondents. Applicants have relied on the judgment rendered by the Hon‟ble Delhi High Court in Government of NCT of Delhi & Anr. Vs. S.K. Saraswat & Ors. decided on 09.05.2016 to fortify their stand.

3. The respondents in their counter reply have submitted that the applicants were promoted to the post of Office Superintendent from the post of Assistants on the dates as given above and were performing higher duties, but, in view of the merger of pay scales of Assistant and Office Superintendent as per Sixth CPC, the applicants were not granted any financial benefit on promotion from Assistant to the post of Superintendent at that stage. But, later on, as per the clarification dated 07.01.2013 received from Ministry of Finance, the applicants were granted the benefit of pay fixation by giving 3% increment and on completion of 30 years of regular service, they were granted third MACP with Grade Pay of Rs. 4600/- in PB-3 of Rs. 9300-34800. However, later on in view of some query raised, vide letter dated 22.05.2017, it was informed as follows:-

• Assistants who have already received MACP in the Grade Pay of Rs. 4600/- are not eligible for any financial benefit on regular promotion to the post of Office Superintendent.
• No MACP is eligible to Office Superintendent by ignoring his promotion from the post of Assistant to Office Superintendent.

3.1. In view of the above instructions, the third MACP benefits granted to the applicants were cancelled and the fixation of pay in respect of the concerned officers was carried out as per SGO‟s letter dated 09.06.2017 (Annexure A-7).

3.2. Respondents have further submitted that they always have a right to rectify the mistake and in this regard, they have cited the judgments in Jagdish Prajapati Vs. the State of Rajasthan and Ors., 1998 (2) ATJ, P-286, Anand Prakash Vs. State of Punjab, 2005 (4) RSJ 749 and Raj Kumar Batra Vs. State of Haryana, 1992 (1) SCT 129.

4. Shri R.C. Sharma, learned counsel appearing on behalf of the applicants vehemently contended that the action of the respondents in withdrawing the MACP benefits was contrary to the spirit of the Scheme and in this regard specifically referred to para 5 of the MACP Scheme according to which where two posts have been merged and after merger carry the same grade pay, then the effect of promotion from one of these posts to the other shall be ignored for the purpose of granting upgradation under the MACP.

5. Shri K.K. Thakur, learned counsel for the respondents, on the other hand, argued that in terms of para 8 of the MACP Scheme, promotions earned in the post carrying same grade pay in the promotional hierarchy, shall be counted for the purpose of MACP.

6. We have carefully gone through the pleadings on record and also the arguments advanced by the learned counsel for both sides. We have also considered the judgments cited by the two sides.
7. For clarity of understanding some parts of the MACP Scheme are extracted below:

“2. The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS 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 cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/ organization will be given only at the time of regular promotion.

xxxx xxxx xxxx

5. Promotions earned / upgradations granted under the ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales / upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPs.

Illustration - 1

The pre-revised hierarchy (in ascending order) in a particular organization was as under:-
Rs. 5000-8000, Rs. 5500-9000 & Rs. 6500-10500.

(a) A Government servant who was recruited in the hierarchy in the pre-revised pay scale Rs. 5000- 8000 and who did not get a promotion even after 25 years of service prior to 1.1.2006, in his case as on 1.1.2006 he would have got two financial upgradations under ACP to the next grades in the hierarchy of his organization, i.e., to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500.

(b) Another Government servant recruited in the same hierarchy in the pre-revised scale of Rs. 5000- 8000 has also completed about 25 years of service, but he got two promotions to the next higher grades of Rs. 5500-9000 & Rs. 6500-10500 during this period.


In the case of both (a) and (b) above, the promotions/financial upgradations granted under ACP to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500 prior to 1.1.2006 will be ignored on account of merger of the pre-revised scales of Rs. 50008000, Rs. 5500-9000 and Rs. 6500-10500 recommended by the Sixth CPC. As per CCS (RP) Rules, both of them will be granted grade pay of Rs. 4200 in the pay band PB-2. After the implementation of MACPS, two financial upgradations will be granted both in the case of (a) and (b) above to the next higher grade pays of Rs. 4600 and Rs. 4800 in the pay band PB-2.”

8. Para 8 of the Scheme is reproduced as follows:

“8. Promotions earned in the post carrying same grade pay in the promotional hierarchy as per Recruitment Rules shall be counted for the purpose of MACPS.

8.1 Consequent upon the implementation of Sixth CPC’s recommendations, Grade pay of Rs. 5400 is now in two pay bands viz., PB-2 and PB-3. The grade pay of Rs. 5400 in PB-2 and Rs.5400 in PB-3 shall be treated as separate grade pays for the purpose of grant of upgradations under MACP Scheme.”

9. This issue relating to the effect of merger of pay scales has been examined in extensive and minute detail by the Hon’ble High Court of Delhi in S.K. Saraswat (supra), the relevant portions of the judgment are extracted below:

“4. In order to appreciate and understand the controversy, we would like to refer to the basic facts. The respondents, 55 in number are direct appointees to the post of Principal. Their pay- scale as in the case of Education Officer and Assistant Director of Education prior to the implementation of the Sixth Pay Commission was Rs.10,000 – 15,200. The pre-revised pay scale in the promotional post of Deputy Director of Education was Rs.12,000 – 16,500. On the recommendation of the Sixth Pay Commission, the pay scales of Principal, Education Officer and Assistant Director of Education were enhanced and merged with the pay scale of Deputy Director of Education, i.e. Rs.12,000 – 16,500. Accordingly, employees holding the post of Principal, Education Officer, Assistant Director of Education or Deputy Director of Education became entitled to an equal/identical pay-scale of Rs.12,000 – 16,500, and revised pay scale of Grade Pay of Rs.7600 in Pay Band -3 [Rs.15,600 – 39100]. It is in this factual matrix that the issue arises whether the Tribunal was justified in accepting the plea and contention of the respondents that they would be entitled to first financial upgradation in the Grade Pay of Rs.8700, second financial upgradation in the Grade Pay of Rs.8900 and third financial upgradation in the Grade Pay of Rs.10000.

5. As noted above, the petitioners herein had earlier issued letter dated 22nd October, 2009 accepting the said position, but have later on changed their stand and stance and have positioned that the respondents would be entitled to financial upgradation only in the Grade Pay of Rs.7600 in Pay Band-3. In other words, there would not be any increase in grade pay of Rs 7600, but respondents would be entitled to benefit in the form of increments under Fundamental Rule 22(1)(a)(i).
xxxx xxxx xxxx xxxx

7. xxxx xxxx xxxx xxxx


The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS 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 cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organization will be given only at the time of regular promotion.

xxxx xxxx xxxx xxxx

12. Paragraph 5 of the MACP Scheme refers to both- upgradations granted under the erstwhile ACP Scheme and promotions earned in the past to grades which have merged as a result of merger of pay-scales or upgradation of posts. These have to be ignored, and the reason is illuminate. Merger of pay scales nullifies and negates the very objective and purpose of the Scheme. Thus, promotions earned or upgradations granted under the ACP Scheme when they have merged, either as a result of merger of posts or pay scales, have to be ignored for the purpose of granting upgradations under the MACP Scheme. Mandate of Rule 4 is clarified by way of an illustration, which is instructive. A government servant, recruited in the hierarchy in the pre-revised pay-scale of Rs.5000-8000 and granted financial upgradations in the pre-revised pay-scale of Rs.5500-9000 and Rs.6500-10500, on merger of the aforesaid three pay-scales would be entitled to financial upgradations in the Grade Pay of Rs.4600 and Rs.4800 in Pay Band-2. Such government servant would not be paid the Grade Pay of Rs.4200 in Pay Band-2, which is the grade pay corresponding to pre-revised pay-scales. The reason is that pay scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500, have been merged into one pay-scale.

xxxx xxxx xxxx xxxx

17. Paragraph 8 also deals with computation for the purpose of MACP Scheme. In the beginning itself, we would say and accept that paragraph 8 is ambiguous and confusing. It is not happily worded. One way of reading the said paragraph, which consists of one sentence, is in the manner suggested by the petitioners i.e. promotions in the hierarchy which have the same grade pay shall be counted for the purpose of MACP Scheme. In other words, if the promotional post carries the same grade pay, the promotion will still be counted or treated as financial upgradation for the purpose of the MACP Scheme. However, this interpretation would be counter to and is in conflict with the precept and foundation of the MACP Scheme, which, as noticed above, refers to the immediate next higher grade pay in the hierarchy given in Section 1, Part-A of the first schedule of the Rules. The difficulty in accepting this interpretation is that it will over-turn the basis and edifice of the said Scheme and would be contrary to paragraphs 1, 2, 4, 5 and 6.2. We have already noticed these paragraphs, including paragraph 2 and interpreted the same. Paragraph 2 states that financial upgradation under the MACP Scheme cannot be understood and applied with reference to promotional pay-scales, for the same can be different. This is clear from the second sentence of paragraph 2. The third and the last sentence of paragraph 2 by way of an illustration accepts that the higher grade pay attached to the next promotional post in the hierarchy will be given at the time of regular promotion. We would observe that use of word “higher” in the last sentence is for the purpose of demonstration to rule out confusion and ambiguity. It is possible that the next higher promotional post may well have pay-scale of the lower post. It is in this context that the recommendations of the Sixth Pay Commission in paragraph 6.1.15 are relevant. If the legislature i.e. the Government, which had issued the Scheme, wanted to restrict financial upgradation and not collate it to the next higher grade pay in the hierarchy, it would have stipulated as such in Section 1, Part-A of the Rules. The said stipulation, would have been properly clarified and so stated in paragraph 2 itself. The second sentence of paragraph 2 expressly and clearly states that the grade pay at the time of financial upgradation under the MACP Scheme can in some cases be different from the pay-scale/grade pay applicable on regular promotion. The second sentence does not refer only to the situation where the grade pay is higher in the promotional post. The third sentence in paragraph 2 is also by way of an illustration. Consequence of the interpretation, as suggested by the petitioners would be an absurdity, contradiction and cause hardship. We would hesitate to observe that this was the legislative intent. Such interpretation would frustrate the core foundation of the Scheme.

xxxx xxxx xxxx xxxx

18. In view of the aforesaid discussion, we do not find any merit in the present writ petition and the same is dismissed. In the facts of the present case, there will be no order as to costs.”

10. It can clearly be seen that the present case is squarely covered by the judgement of the Hon‟ble High Court of Delhi in S.K. Saraswat (supra).

11. From a reading of Para 5 of the MACP Scheme, it is abundantly clear that the case of the applicants is fully governed by the said provision. Further, from the illustration given with Para 5 of the MACP Scheme, there is no doubt left whatsoever. Para 8 of the Scheme is of a general nature, in a different context and cannot be said to have overriding effect on Para 5 of the Scheme, which is very specific.

12. As for the case law cited by the respondents, in the facts and circumstances of the case they lend no support to the arguments advanced by the respondents.

13. In view of the above, the OA is allowed and the impugned orders are set aside. The applicants shall be granted all consequential benefits within a period of sixty days of the receipt of a certified copy of this order. No order as to costs.

(A.K. Bishnoi), Member (A)
(Sanjeev Kaushik), Member (J)

Source: CAT Chandigarh

Provisions regarding reservation under the Central Government

Provisions regarding reservation under the Central Government

Ministry of Personnel, Public Grievances & Pensions
Provisions relating to Reservations

20 NOV 2019

The instructions issued by Government on India under Article 16 (4) and 16 (4A) of the Constitution are, mutatis mutandis, followed by the Public Sector Undertakings (PSUs), Financial Institutions including the Public Sector Banks under the Central Government. Implementation of the reservation provisions are insisted upon as a pre-condition to receive grants-in-aid by the voluntary organizations, autonomous bodies /institutions etc. where:-

Also check: MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES - DOPT CONSOLIDATED GUIDELINES

• the recipient body employs more than 20 persons on a regular basis and at least 50% of its recurring expenditure is met from grants-in-aid from Central Government; and
• the body is registered society of a cooperative institution and is in receipt of a general purpose annual grants-in-aid of Rs. 2 lakhs and above from the Consolidated Fund of India.

Ministries/Departments have been directed to include suitable clause in the terms and conditions under which voluntary agencies / organizations etc. are given grants-in-aid by the Government for reservation for SCs/ STs/ OBCs in the posts and services under such organisations or agencies. It has further being provided that while sanctioning further grants, the progress made in employing SCs/ STs/ OBCs should be kept in view.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Lok Sabha today.

PIB

Action to strengthen ECHS

Action to strengthen ECHS

Ministry of Defence

Measures to Improve ECHS

18 NOV 2019

An additional allotment of Rs.3,500/- crores have been sought to overcome the problem.

Following steps have been taken to check and curb the misuse of funds in ECHS and inflated bill being raised by empanelled hospitals:

Also check: VERIFICATION OF ONLINE APPLICATION FOR ECHS CARDS BY RECORD OFFICE

•     Strict monitoring of bills is done and they are restricted to CGHS rates. Disciplinary action is taken against defaulting hospitals which includes suspension of referrals/financial penalties/disempanelment.
•     A detailed SOP for taking action against empanelled hospitals has been issued on 10.10.2019 by Department of Ex Servicemen Welfare, Ministry of Defence.

This information was given by Raksha Rajya Mantri Shri Shripad Naik in a written reply to ShriRajeev Chandrasekharin Rajya Sabha today.

PIB

Bye elections 2019 – Grant of Paid holiday to employees of Uttarakhand & West Bengal on the day of poll 25.11.2019

Bye elections 2019 – Grant of Paid holiday to employees of Uttarakhand & West Bengal on the day of poll 25.11.2019

F. No. 12/3/2016-JCA-2

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel & Training)

Establishment (JCA-2) Section

North Block, New Delhi

Dated: 18th November, 2019

OFFICE MEMORANDUM

Subject: Bye elections to fill four casual vacancy in the State Legislative Assemblies of Uttarakhand & West Bengal on 25.11.2019 (Monday) – Grant of Paid holiday to employees on the day of poll – regarding

The undersigned is directed to state that, as informed by the Election Commission of India, vide their letter No. 78/EPS/2019, dated 01.11.2019, Bye -election to the following State Legislative Assemblies in the States of Uttarakhand and West Bengal will be held on 25.11.2019 (Monday);

Also check: Holidays to be observed in Central Government Offices during the year 2020

S. No.	States	Number & Name of Assembly Constituency
1	Uttarakhand	44 – Pithoragarh
2	West Bengal	34 – Kaliagani (SC)
3	West Bengal	77 – Karimpur
4	West Bengal	224 – Kharagpur Sadar

In this regard, it is stated that the guidelines issued by this Department vide OM No. 12/14/99-JCA, dated 10.10.2001 regarding closure of Government Offices and grant of paid holiday, may be followed by all the Central Government Offices, including the industrial establishments, in the concerned State.

The above instructions may please be brought to the notice of all concerne

Hindi version will follow.

(Juglah Singh)

Deputy Secretary to the Government of India

Source: DoPT

Age of superannuation of the Central Government Employees, Government’s briefing to the PTI

Government’s briefing to the PTI on the age of superannuation of the Central Government Employees

No.NC/JCM/2019

Dated: September 25, 2019

All Constituents of the JCM (Staff Side)

Dear Comrades,

Government’s briefing to the PTI on the age of superannuation of the Central Government Employees

There are serious rumours in the air that the Department of Personnel & Training (Government of India) has mooted a proposal in regard to age of superannuation of the Central Government Employees, laying down condition of either 33 years of Qualifying Service or 60 years of age, whichever is earlier. It is also being claimed by several sources that, this proposal has already been sent to the Finance Ministry for their approval.

Also check: Central Government employees who have put in 33 years service or attained the age of 60 years, whichever is earlier, shall retire on superannuation

In this connection, it is clarified that, this has not to be given any cognizance since it is not possible without prior consultation with the JCM(Staff Side), being an important matter of the service condition, affecting the Central Government Employees.

Sincerely yours,
(Shiva Gopal Mishra)
Secretary(Staff Side)
National Council(JCM)

Various Steps Taken to Safeguard Recruitment Examinations

Various Steps Taken to Safeguard Recruitment Examinations

Ministry of Labour & Employment

Various Steps Taken to Safeguard Recruitment Examinations

18 NOV 2019

The steps taken by the major recruitment agencies for the Central Government viz. Union Public Service Commission (UPSC), Railway Recruitment Board (RRB) and Staff Selection Commission (SSC) to safeguard the examination processes are enumerated below :

UPSC has started deploying low powered Jammers at the examination venues to prevent adoption of unfair means during the examinations by using mobiles phones, blue-tooth and other communicating devices.

Since, 2015, Computer Based Test (CBT) has been introduced in all Railway examinations. The internet domain, on which online CBTs are conducted, has the approval of Indian Computer Emergency Response Team (CERT-In). After written examination, link of question paper and corresponding responses made by candidates with answer key is provided to their registered emails.

Staff Selection Commission(SSC) migrated from erstwhile Optical Mark Recognition(OMR(-) based examination to computer based examinations from June, 2016, and has taken comprehensive measures which, inter-alia, include audit of examination venues, conduct of mock-tests, deployment of its representatives as Inspecting Officers at the examination venues, comprehensive CCTV coverage of the examination venues, etc

Thorough checking & frisking of candidates with the help of Hand-Held Metal Detectors, registering of their bio-metric attendance, taking and matching of their photographs, etc., are also carried out at the examination centres.

This information was given by Shri Santosh Kumar Gangwar Union Minister of State (I/C) for Labour and Employment in written reply to a question in Lok Sabha today.

PIB