Monday 18 August 2014

Sunday, August 17, 2014

Ref: Circular No. 18                                                                                  Dated – 17.08.2014


All CHQ office Bearers
All Affiliated organizations
All State C-O-Cs


Dear Comrades,

The National Sectt. of the Confederaton met at New Delhi on 11.08.2014 to consider the follow up action required in the matter of some of the pressing issues on which Confederation had organized series of agitational programmes prior to the commencement of the Election process of the 16th Lok Sabha. The CHQ has received reports from various affiliaties to the effect that they have all endorsed the common memorandum, the Confederation had submitted to the 7th CPC. Most of the affiliates have emailed copies of the respective memorandum to the CHQ. Those who have not sent copies are requested to do so without further loss of time. This will enable the Confederation to write to the 7th CPC to provide an opportunity to these organisations to tender oral evidence to explain and elucidate their submissions in the memorandum.

The meeting noted that there has been only negative response from the Government on the issues of Interim Relief and merger of DA. We have already sent to you a copy of our letter addressed to the Seretary, Staff Side, JCM National Council, (Com. Shivgopal Mishra) which is yet to be responded. The meeting considered the following issues as important, the pursuance of which must not brook any delay, especially in the background that the 7th CPC has formally written to the Government asking it to indicate the course of action required to be taken on the memorandum of the staff side on Interim Relief and marger of DA.

1.      Merger of DA with pay for all employees with effect from 01.01.2014 including Gramin Dak sewaks and pensioners.
2.      Grant of Interim Relief to all employees including Gramin Dak Sewaks and Pensioners.
3.      Inclusion of Gramind Dak sevaks under the purview of 7th Central pay Commission.
4.      Scrap PFRDA Act and grant of statutory pension to all.
5.      Date of effect of 7th CPC recommendations should be 01.01.2014.
6.      Regularisation and revision of wages of casual laboures and contract workers.
7.      Removal of 5% condition for compassionate appointments.
8.      Fill up al vacant posts and creation of new posts wherever justified.
9.      Stop downsizing, outsourcing, contractorisation and privatisation of Government functions.
10.  Grant Productivity linked Bonus to all without ceiling; compute Bonus as weighted average of PLB for those not covered by PLB agreement.
11.  Revise OTA and NDA and implement arbitration awards.

The meeting also considered the policy perception of the new Government in the light of the administrative price hike in petroleum products, the proposals in the Railway and General Budget, the steep hike in the freight and passenger fares of Railways, the decision to hike FDI in Defence Production, Railway Infrastructure and Insurance sectors, disinvestment of public sector including nationalized banks and have come to the inescapable conclusion that under Narendra Modi dispensation, the neo-liberal policies, as expected, will only be intensified and the promised “Achche Din” is for the Corporate giants of the country. The last session of the Parliament witnessed the determination of the NDA Government in changing the labour laws on the lines of the enactment made by Rajasthan Government of Vasundhara Raje Scindhia by virtue of which in almost 90% of the manufacturing units in India, the employers are permitted to indulge in hire and fire policy, for the existing regulations will be dispensed with.

The meeting came to the decision that the confederation must organise serious and prolonged campaign, preferably in unison with the Railway and Defence Federations. We will pursue our consultation with those Federations to reach a common approach in the matter. Since it might take some more time, the meeting decided to pursue the demands through a demonstrative programme.

11th September 2014       -      Submission of the Charter of Demands along with a brief Note to all heads of offices by arranging demonstration in front of all offices; the branch level/district/divisional/state level leaders will explain the demands especially the memorandums on interim relief, DA merger and GDS issues.
19th September 2014       -      Dharna between 10 AM to 3 PM at all important state/districts/divisional centres.
25th September 2014       -      Dharna between 10 AM to 3 PM at New Delhi with participation of the leaders of all affiliates and the members working in the city of Delhi (at a central place-to be decided by the Confederation Delhi State committee).

Confederation office Bearers will meet again at Delhi on 26.09.2014, 5 PM to decide further course of action. Confederation will bring out pamphlets and bulletins to explain various issues like minimum wage, DA, Bonus, GDS problems  etc. shortly as part of an education campaign. The detailed campaign programe to be undertaken after Diwali festival will be intimated later.

Comradely yours,

(M. Krishnan)
Secretary General



The New NDA Government has taken a decision to implement the judgment on the contempt of court petition on the Pre-2006 Pensioners case only to the members of the petitioner pensioner organisations. It was intimated by the Government side during the hearing on 4th July, 2014 in Principal CAT that it will implement the decision to the petitioners. Subsequently a letter  has been addressed by the Government to those petitioner organisations asking the details of the members to enable the Government to implement the judgment to them only. This shows the mindset of the Government that it do not want to extend the benefit of judgment to all pre-2006 pensioners. This is a grave injustice to the pre-2006 pensioners' community which is more than 38 lakhs in numbers.

At the same time the Government has filed another petition on the same issue in the Supreme Court against the judgment of another court and that hearing is coming up on 16th September, 2014.

BCPC has written to the Honourable Minister of State of Ministry of Personnel & P.G & Pensions of Central Government on this matter and has demanded that all pre-2006 pensioners should get the benefit. The letter of BCPC is produced below:

2-13A, LGF (Backside), Jangpura – A, New Delhi – 110014
S.C. Maheshwari                                                                                 S.K.Vyas
Chairman                                                                     Acting Secretary General
0-9868862322                                                                                09868244035

No.BCPC/Pen/Modified Parity/2014                                                                       July  21     , 2014

Dr. Jitendra Singh,
Hon'ble MOS (PP)
Government of India,
Ministry of Personnel & P.G & Pensions,
North Block,
New Delhi

Sub:- Implementation of order of Tribunal in regard to modified Parity.


We would like to bring to your notice the bureaucratic distortion of orders of judiciary which if not corrected through your kind and personal intervention is bound to frustrate the entire community of pre 2006 retirees numbering more than 38.41 lakhs and force them to think that change in Government has been in vain as because the bureaucrats are even now being  have been allowed to misinterpret  judicial orders forcing affected pensioners to go to courts and thus multiply litigations in the country. While submitting the details of this case we also request you kindly to give us an opportunity to meet you to explain our request.

2.         The facts of the case briefly stated are as under:-

a).  The VI CPC in Para 5.1.47 of their report recommended that the fixation of revised pension as per the table given by them "will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale from which the pensioner had retired".

b).  The Government of India in their Resolution No. 38/37/08-P&PW (A) dated 29.8.2008 accepted the above proviso by reproducing it per verbatim at item 12 of the statement showing the relevant recommendations and decision of the Government thereon (vide Annexure the said Resolution).

c).  In Department of Pension & Pensioners Welfare O.M  No. 38/37/ 08 P&PW dated 1.9.2008 same proviso has been incorporated at para 4.2 thereof.

d).  The Department of Pension & Pensioners Welfare through their clarificatory O.M. No. 38/37/08 – P&PW (A) pt. 1 dated 3.10.2008 however modified the para 4.2 of their OM dated 1.9.2008 as under:

The pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated (i) at the minimum pay in the pay band (irrespective of the prerevised scale of pay) plus grade pay  corresponding to the prerevised pay scale"

e).  In other words in all cases it would be minimum pay of the pay band which would be taken and not the minimum pay in the pay band corresponding to the prerevised pay scale.

f).  This clarification was challenged by the Central Government SAG (S-29) Pensioners Association in Principal Bench of the Central Administrative Tribunal (vide O.A No. 655/2010). This Hon'ble Tribunal in their order dated 1.11.2011 quashed the above clarificatory order of Department of Pension & Pensioners Welfare dated 3.10.2008 and directed the respondents refix the pension of all pre 2006 retirees with effect from 1.1.2006 based on Government Resolution dated 29.8.2008.

g). Government of India challenged  the above decision of the said Tribunal before Delhi High Court vide WP (C) No.1535/2012 which was dismissed by the High Court vide their order dated 29.4.2013 upholding the decision of the Tribunal.

Government of India then filed the following S.L. Ps etc.

 (i)  SLP (C) No. 23055/2013 dismissed on 29.7.2013
 (ii) Review Petition (C) No. 2492 / 2013 dismissed on 12.11.2013
 (iii) Curative Petition (C)No. 126/2014 dismissed on 30.4.2014

Thus the CAT verdict dated 1.11.2011 attained legal finality.

h).     On 15.5.2014 the Hon'ble CAT Principal Bench New Delhi disposed of the contempt petition No. 158/2012 directing the Union of India to implement the directions of the Tribunal expeditiously, preferably within three months"

3.            The Department of Pension & Pensioners Welfare in their letter No. 38/77-A/09-P&PW (A) dated 29.5.2014 written to the Secretary of Petitioner Association (Central Govt. SAG (S-29) Pensioners Association) has stated that as per the directions of Hon'ble CAT their order dated 1.11.2011 is required to be implemented "only in respect of Petitioners in O.A. No. 655/2010 and not in respect of all pre 2006 retirees as per the Tribunals order dated 1.11.2011. There is no such direction that it should be implemented only in respect of Petitioners. May be that Government Advocate had indicated that Government is willing to implement the judgment qua petitioners but the Tribunal had disposed of the contempt Petition by directing the Union of India to implement their directions dated 1.11.2011 expeditiously.

4.            It will not be out of place to mention there that response to answer to Lok Sabha unstarred question No. 3406, the above directions of the CAT Principal Bench had already been implemented in respect of all pre 2006 retirees but from an arbitrarily fixed date of 24.9.2012 (vide Department of Pension & Pensioners Welfare O.M. F.No. 38/40/12- P&PW (A) dated 28.1.2013. It was not restricted to members of the Petitioners Association Accordingly the direction to implement it w.e.f 1.1.2006 has to be in respect of all pre 2006 retirees also.

5.            Bharat Central Pensioners Confederation which is the apex body of all Central Government Pensioners Federations and All India Associations therefore appeal to you to ensure the correct delivery of justice by implementing the above judgment of the Hon'ble Tribunal (which had attained finality) in respect of all pre 2006 retirees so that they are not pushed to seek justice though multiple litigations.

Thanking you,

Yours faithfully,

Secretary General

Saturday, August 16, 2014

Clarification on differenct scenarious being faced or likely to be faced by Post Offices after implementation of CBS

CLICK HERE  FOR  VIEW the SB order no. 8/2014

Women in Government Service - Recommendations of Department Related Parliamentary Standing Committee

Women in Government Service

In order to encourage the women to join Government service, they are provided some special facilities as maternity leave, child care leave, child adoption leave, special allowance to women with disability, provision of crèche facility, posting of husband and wife at the same station, special priority in allotment of residential accommodation, provision for protection of women from acts of sexual harassment, age relaxation for appointment to widows, divorced woman and woman judicially separated from their husbands and who are not remarried, special dispensation for woman officers of All India Services of North East cadre, change of Cadre in case of marriage of All India Service Officer and exemption from payment of fee for examinations conducted by the Union Public Service Commission and Staff Selection Commission. 

As per the recommendations of the 62nd Department Related Parliamentary Standing Committee, publicity to encourage women to prefer/join Government Service is being given. There is a provision for age relaxation for appointment in Government service for Widows, divorced Women and Women judicially separated from husbands and not re-married upto 35 years for posts of Group C filled through Staff Selection Commission/Employment Exchange (upto 40 years for members of Scheduled Castes/Scheduled Tribes). 

Minister of State in the Ministry of Personnel, Public Grievances and Pensions Dr. Jitendra Singh gave this information in Rajya Sabha today in a written reply to a question by Shri T.K. Rangarajan and Shrimati Gundu Sudharani.

Holiday Declared on 19/08/2014 for Administrative and Operative offices located in Telangana State

Less Government More Governance

A citizen friendly and accountable administration is the focus of the Government. A series of steps to achieve this goal have been initiated. These include simplification of procedures, identification and deletion of archaic laws/rules, identification and shortening of various forms, leveraging technology to bring in transparency in public interface and a robust public grievance redress system. Promotion of Self-Certification in place of affidavits and attestation by Gazetted Officers is one important step in this regard. This greatly reduces the time and effort on the part of both the citizen as well as the Government officials.

Leveraging the power of information technology brings with it the advantage of transparency and speed. One of the focus areas of Government is to reduce the decision making layers to the minimum while allowing for faster means of information sharing/dissemination.

The Government has launched a website for this purpose. This is a citizen centric platform to empower people to connect with the Government and contribute towards good governance. Suggestions are also received on the PMO website. It also seeks expert advice from the people, thoughts and ideas on various topics that concern India. Citizens can join the discussion to share, debate and add value.

Dr. Jitendra Singh Minister of State for Personnel, Public Grievances and Pensions gave this information in Lok Sabha today in a written reply to a question by Dr. Shashi Tharoor, Shri B. Vinod Kumar and Shri Anantkumar Hegde

Departmental Promotion Committee (DPC) Guidelines – Modified check-list of papers/information to be submitted for consideration by DPC


[Reference: Annexure-III to DoP&T Office Memorandum No.-22011/5/86-Estt(D) dated 10.04.1989]

Whether certificate from the designated office (Joint Secretary/Additional Secretary or equivalent) that the proposal is complete as per DoP&T Check-List has been enclosed :

(a) Whether already Notified :
(b) Whether up-to-date] complete and legible copy enclosed. :
(c) Whether rules are applicable on the date of occurrence of vacancy. :
(d) Does it provide for promotion on selection basis. :
(e) Whether promotion is from Group “B” to Group “A” :
(f) Whether promotion within Group “A” :
(g) Whether RRs provide association of UPSC with DPC :
(h) Has the Ministry/Department reviewed the Recruitment Rules which are in force for more than five years required by the instructions of the DoP&T O.M. No. AB-14017/12/87-Estt(RR) dated 18.03.1988 read with OM NO. AB-14017/2/97-Estt(RR) dated 25.05.1998 :
(i) If the review of the Recruitment Rules required amendment, whether the amendments have been notified as per the procedures (copy of notification to be enclosed) :

(a) Whether any relaxation involved. :
(b) If so, whether DoP&T consulted and a copy of notes/correspondence exchanged with DoP&T :

(a) Whether Proforma for referring DPC proposals to the UPSC as annexed to DoP&T Office Memorandum No.22011/5/86-Estt(D) dated 10-04-1989 enclosed :
(b) Whether signed by competent officer :
(c) Whether all columns filled properly :
(d) Whether composition of DPC indicated in proforma is as prescribed in th RRs/administrative orders issued by the Department (copy of order, if applicable, to be enclosed). :

(a) Whether complete and up-to-date seniority list of officers in the feeder grade furnished in the proforma as prescribed by the DoP&T Office Memorandum No. 22011/5/86-Estt(D) dated 10.04.1989. :
(b) Whether separate seniority lists/combined seniority list of all feeder grades furnished (in case more than one feeder grades exist) :
(c) Whether all the officers who were in position as on the crucial date (including those who have since retired/expired) have been included in the Seniority List.
(d) Whether the seniority list is certified to have been circulated to all concerned before finalization.
(e) Whether duly authenticated by an officer not below Under Secretary rank :
(f) Whether there is any discrepancy :
(g) Whether UPSC reference number given under which officers appointed/ recommended. :
(h) Whether changes in seniority list since the last DPC have been indicated. :

(a) Whether educational qualifications prescribed for direct recruitment applicable to promotees or otherwise specifically prescribed. :
(b) If so, whether details of educational qualifications of officers given. :
(c) Whether educational qualifications possessed by the officers in the zone of consideration match with those prescribed in RRs :
(d) Whether separate year-wise eligibility list for preparation of year-wise panels given, wherever applicable. :
(e) Whether all the officers who were in position as on the crucial date (including those who have since retired/expired) :
(f) Whether the date of regular appointment to the feeder grade is shown in eligibility list in case eligibility criteria for promotion inter-alia contemplates counting of such service in next below grade. :
(g) Whether the required number of officers in consideration zone (including SC/ST in the extended zone) :

(a) Whether date and manner of occurrence of vacancies given :
(b) Whether details of anticipated vacancies, if any, given :
(c) Whether copy of order furnished in case of new creation of posts/ proceeding of the incumbent on deputation for more than one year :
(d) Whether copy of order furnished in case of change of designation, if any, from that given in RRs :
(e) Whether reservation position as per DoP&T Office Memorandum No. 36012/2/96-Estt(Res) dated 02.07.1997 given (for Group “B” to “A”) :
(f) Whether a certificate from the Liaison Officer (SC/ST) of the Ministry/ Department to the effect that the number of posts reserved for SC/ST have been checked by him and found to be in order has been enclosed. :

Whether a self-contained note duly signed by an officer not below the rank of Under Secretary furnished :

(a) Whether ACRs of officers are written calendar year-wise or financial year-wise :
(b) Whether ACRs furnished for all eligible furnished for all eligible officers along with a detailed statement (as per Annexure IV of DoP&T Office Memorandum No.22011/5/86-Estt(D) :
(c) Whether ACRs are up-to-date with reference to year of panel as prescribed vide DoP&T Office Memorandum No. 22011/9/98-Estt(D) dated :
(d) Any incomplete ACRs? Position to be indicated on a separate sheet with reasons for missing/incomplete ACRs. :
(e) Is there any ACR which has not been reviewed/accepted by the Reviewing Officer/Accepting Officer? If so, whether details of such ACRs and reasons for non-review etc have been given :

(a) Whether Integrity Certificate in prescribed form (as per format provided in paragraph 4.2.5 of the DoP&T Office Memorandum No. 22011/5/86-Estt (D) dated 10.04.1989 give in respect of the eligible officers. :
(b) Whether recorded by an officer of Deputy Secretary Rank :
(c) Whether recorded for all eligible officers, specific by name :
(d) Whether a formal certificate given in respect of officers, if any, whose integrity certificate is withheld. :

(a) Whether Vigilance Clearance in respect of eligible officers given specifically (as required vide DoP&T Office Memorandum No. 22011/4/91-Estt(A) dated 14.09.1992) :
(b) Whether names of officer, if any, not clear from vigilance angle given. :
(c) Whether charge-sheet served/prosecution sanction issued on all the officers not clear from vigilance angle. :

Whether a statement showing major/minor penalties if any imposed upon the eligible officers during last ten year has been enclosed. :

(a) Has UPSC reference number, if any, for previous DPC, given :
(b) Whether all officers recommended by the previous DPC have been promoted (copy of orders to be enclosed). :
[Note:- A fresh panel for the same year/grade during the currency of the previous panel could be prepared in terms of instructions contained in paragraph 6 of the Department of Personnel and Training Office Memorandum No.22011/9/98-Estt(D) dated 08-09-1998 (Model Calendar for DPCs). However, it shall be ensured that officers included in the earlier panel are promoted before officers from the next panel are picked up].

(a) Whether the crucial date for determining eligibility has been taken as 1st January as provided in the DoP&T Office Memorandum No.22011/9/98-Estt(D) dated 08.09.1998 (Model Calendar for DPCs). However, it shall be ensured that officers included in the earlier panel are promoted before officers from the next panel are picked up]. :
(b) Whether the time-schedule for sending the proposal to the UPSC as laid down in the Model Calendar for DPCs adhered to, if not, reasons therefor. :

(a) Whether proposal for Review DPC is covered by DoP&T guidelines dated 10.04.1998 :
(b) Whether proposal for Review DPC is covered by DoP&T Guidelines dated 10.04.1989 :
(c) Whether copy of order (revising the seniority/expunging the adverse remarks etc) necessitating the review has been furnished :
(d) Whether a detailed Note for DPC giving reasons for review has been furnished :


No comments:

Post a Comment