15/1089-90,
VASUNDHARA, VASUNDHARA (P.O.), Dt. GHAZIABAD (U.P), PIN-201012
Reference: AIA/Circular-26/2016 Dated: 14th October 2016
To
Unit
Secretaries,
Members
& Spl. Invitees – NE &
Members of
Women’s Committee
Dear
Comrades,
CONFEDERATION CALLS
FOR PHASED AGITATIONAL PROGRAMMES IN SUPPORT OF THE CHARTER OF DEMANDS
INCLUDING REVISITING OF 7 CPC RECOMMENDATIONS;
ENSURE MASSIVE
PARTICIPATION IN
* DEMONSTRATION ON 20TH
OCTOBER
** DHARNA ON 7TH
NOVEMBER &
*** PARLIAMENT MARCH ON 15TH DECEMBER
National
Executive Committee of the Association that met at New Delhi on 1st
October 2016 (Pl refer Circular 25) endorsed the decision of the Confederation
of CG Employees and Workers to organise various agitational programmes –
culminating in strike action - in support of the enclosed 19 point Charter of
Demands.
All
Units are requested to mobilise the membership for the programmes on 20th
October and 7th November, without fail.
We
should hold the demonstration on 20th October 2016 outside the gate
of the office building wherever the office is working in own building. It will
be good if we can break the ban and hold the demonstration inside the premises
itself. We should try that.
Local
COC may be contacted about the Dharna on 7th November 2016 and we
should ensure massive participation from our units.
Each
Unit may ensure that the quota given below for the March to Parliament on 15th
December 2016 is met without fail:
Shimla: 50; Punjab: 50; Haryana: 50;
Gwalior: 100; Allahabad: 200; Jaipur: 100; Bhopal: 50; Raipur: 10; Nagpur: 40;
AP&TS (including SC Rly Audit): 50; Mumbai: 30; Bengaluru: 20; Chennai: 50;
Kerala: 20; Assam: 10, NE (other than Assam): 15; Odisha: 20; WB: 100; Delhi:
100; Ahmedabad: 20; Rajkot: 30; Lucknow: 5; Hubli: 5; Dehradun: 25; Kapurthala:
5; J&K: 10, Hajipur: 5.
With greetings,
Yours fraternally
Sd/-
M. S. Raja
Secretary
General
CHARTER OF DEMANDS
1. Settle
the demands raised by NJCA regarding modifications of 7th CPC recommendations as
submitted in the memorandum to Cabinet Secretary on 10th December 2015. (See Annexure-I).Honour
the assurance given by the Group of Ministers to NJCA on 30th June 2016 and 6th July 2016, especially
increase in minimum wage and fitment factor. Grant revised HRA at the existing
percentage itself i.e. 30%, 20% and 10%. Accept the proposal of the staff side
regarding Transport Allowance. Settle all anomalies arising out of
implementation of 7th CPC recommendations, in a time bound manner.
2. Implement option-I recommended by 7th CPC and accepted by the
Government regarding parity in pension of pre-2016 pensioners, without any further delay.
Settle the pension related issues raised by NJCA against item 13 of its memorandum
submitted to Cabinet Secretary on 10thDecember 2015. (See Annexure-I)
3. Scrap
PFRDA Act and New Pension System (NPS) and grant pension and Family Pension to
all Central Government employees recruited after 01.01.2004, under CCS
(Pension) Rules 1972.
4. Treat
Gramin Dak Sewaks of Postal department as Civil Servants, and extend all
benefits like pay, pension, allowances etc. of departmental employees to GDS.
Enhance bonus calculation ceiling of GDS also to 7000 from 01.04.2014.
5. Regularise all casual, contract, part-time, contingent
and Daily rated Mazdoor and grant equal pay and other benefits. Revise the
wages as per 7th CPC minimum pay.
6.No
Downsizing, Privatisation, outsourcing and contractorisation of Government
functions.
7. Withdraw the arbitrary
decision of the Government to enhance the bench mark for performance appraisal
for promotion and financial upgradations under MACP from “GOOD” to VERY GOOD”
and also decision to withhold annual increments in the case of those employees
who are not able to meet the bench march either for MACP or for regular
promotion within the first 20 years of service. Grant MACP pay fixation
benefits on promotional hierarchy and not on pay-matrix hierarchy. Personnel promoted on the
basis of examination should be treated as fresh entrants to the cadre for grant
of MACP.
8. Withdraw the draconian FR 56 (J) and Rule 48 of CCs (Pension)
Rules 1972 which is being misused as a short cut as purity measure to punish
and victimize the employees.
9. Fill up
all vacant posts including promotional posts in a time bound manner. Lift ban
on creation of posts. Undertake cadre Review to access the requirement of
employees and their cadre prospects. Modify recruitment rules of Group-‘C’ cadre and
make recruitment on Regional basis.
10. Remove 5% ceiling on compassionate appointments and grant
appointment in all deserving cases.
11. Grant five promotions in the service career to all Central Govt.
employees.
12. Abolish and upgrade all Lower Division Clerks to Upper Division
Clerks.
13. Ensure parity in pay for all stenographers, Assistants,
Ministerial Staff in subordinate offices and in all organized Accounts cadres
with Central Secretariat staff by upgrading their pay scales. Grant pay scale
of Drivers in Lok Sabha Secretariat to Drivers working in all other Central
Government Departments.
14. Reject the stipulation of 7th CPC to reduce the salary to 80% for the second year of Child Care
leave and retain the existing provision.
15. Introduce Productivity Linked bonus in all department and continue
the existing bi-lateral agreement on
PLB wherever it exists.
16. Ensure cashless medical treatment to all Central Government
employees & Pensioners in all recognized Government and Private hospitals.
17. Revision of Overtime Allowance (OTA) and Night Duty Allowance
(NDA) w.e.f 01.01.2016 based on 7th CPC pay scale.
18.Revision
of wages of Central Government employees in every five years.
19. Revive JCM functioning at all levels. Grant recognition to the
unions/Associations under CCS (RSA) Rules 1993 within a time frame to
facilitate effective JCM functioning.
ANNEXURE -1
NJC/2015/7th CPC dated 10th December, 2015. (see
item No. 1 of the charter of demands).
1. Re-compute the minimum wage on the basis of the actual commodity prices as on
1.7.2015and factor the Dr. Aykroyd formula stipulated percentages for housing
and social obligations, children education etc. Revise the fitment formula and
pay levels on the basis of the so determined minimum wage;
We are not in agreement
with the methodology adopted by the 7th CPC in computing the minimum WAGE. We give hereunder briefly the
reasons thereof.
1. The
retail prices of the commodities quoted by the Labour bureau is irrational,
imaginary and even absurd in respect of certain articles at certain places. The
Staff Side had objected to the adoption of those rates in its meeting with the
Commission on 9th June, 2015.
2. The
adoption of 12 monthly average of the retail prices is contrary to Dr. Aykroyd
formula. Same is the case with the reduction effected by the Commission on
housing and social obligation factors. The house rent allowance is not a full
compensation of the expenditure incurred by an employee for obtaining an
accommodation. Therefore, no reduction on that count in arriving at the minimum
wage is permissible. We may cite the minimum wage computation made by the 3rd CPC in this regard, the
employees were in receipt of HRA even at that time. But still the 3rd CPC, and rightly so,
adopted the 7.5% as the factor for housing. In respect of the addition to be
made for children education and social obligation as per the Supreme Court
judgement, (25%) the Commission has reduced the percentage to 15% on the
specious plea that the employees are separately given children education
allowance. The Children education allowance is not a full reimbursement of the
expenses one has to incur. After the liberalization of the Education Sector
where private parties were allowed to set up universities and colleges, the
expenses for education had increased heavily. No concession or allowance is
granted to the employees for educating the children beyond the higher secondary
levels. The earlier Pay Commission has only tried to compensate a little in the
increasing cost of education and that too at the primary level, since even the
Governmental institutions had started charging abnormal tuition and other fees.
3. The
website maintained for the Agriculture Ministry depicts the retail prices of
commodities which go into the basket of minimum wage computation. Even though
the rates quoted by them vary from the real retail prices in the market, it
provides a different picture. If one is to take the rates quoted by them for
different cities and make an all India average of the prices as on 1.7.2015, it
will work out to Rs. 10810. It will result in the computation of the minimum
wage of Rs. 19880. Adding 25% for arriving at the MTS scale, it will rise to
Rs. 24850. To convert the same as on 1.1.2016, 3% will be added as suggested by
the 7th CPC. The final computation will be Rs. 25,596, when rounded off
shall be Rs. 26000.
4. The
Andhra Pradesh State Pay Commission in its report has taken the commodity
prices at Rs. 9830.- as on 1.7.2013 which works out to a minimum wage of Rs.
18080. The wage of MTS will then be Rs. 22600 as on 1.7.2013, The Corresponding
figure for 1.1.2016 shall be Rs. 26758, rounded off to Rs. 27000.
5. The
Staff side had computed the minimum wage as on 1.1.2014 at Rs. 26,000, taking
the commodity price at Rs. 11344. The rates were taken on the basis of the
actual retail prices in the market as on 1.1.2014 (average prices of 8 Cities
in the country) substantiated by the documentary evidence of Cash bill obtained
from the concerned vendors. As on 1.12016, the minimum wage work out to Rs.
29339, rounded off to Rs. 30,000.
6. The 5th CPC adopted the rate of
growth in the economy (as reflected in the increase in the per capita net
national produce at factor cost) over a period of ten years to arrive at the
increase required to be made to arrive at the minimum wage. The per capita NNP
at factor cost
registered an increase of 65.28% over a period of ten years in 2013-14. If we apply the same percentage to the
emoluments (Pay +DA) as on 1.1.2016 (assuming that DA will be 125% as on that
date), the minimum wage as on 1.1.2016 for an MTS will have to be Rs. 26030,
rounded off to Rs. 27000.
7. In para 4.2.9 of the report, the Commission has given a table
depicting the percentage increase provided by the successive Pay Commissions,
according to which the 2nd CPC had made a paltry increase of 14.2%.
The 3rd CPC
gave a rise of 20.6, 4th 27.6, 5th 31.0 and 6th CPC 54%. While the percentage increase had
been in ascending order all along, the 7th CPC has sought to reverse that trend
ostensibly for reasons unknown. It was the meager increase of 14% provided for
by the 2ndCPC that triggered the volatile situation in the civil service and
led to all India strike encompassing all employees which lasted for 5 days in
1960. We do not know whether the 7 CPC really intend to create such a scenario
once again.
8. In the
case of Bank, Insurance and many other Public Sector Undertakings wage revision
takes place once in 5 years. In the recently concluded agreement, Bank
employees were provided more than 15% increase.
9. After
the implementation of the Pay Commissions Report the AP State Employees have
been given a wage structure based on a minimum wage far above the level of
Central Government employees. In their case also wage revision does take place
once in 5 years.
It could be seen from
the above that the computation of minimum wage by the 7 CPC is prima facie
wrong and computed on untenable premises and incorrect data. The minimum wage
therefore requires re-computation and revision. Once the minimum wage
gets revised, the fitment formula, the multiplication factor applied for
determining the pay levels and the pay matrix itself will have to consequently revised.
Determination of Pay
Level Minimum
It is seen that the 7th CPC has applied varying multiplication factors for different pay
levels. The 6th CPC has taken the emoluments in the private sector to hike the
salary of officers by applying different yardstick to compute the pay bands
disturbing the vertical relativity while the 7th CPC has further accentuated the gap of differences in wages
between officers and employees. This being unacceptable we urge upon adoption
of uniform multiplication factor for determining pay levels.
2. Revise
the pay matrix basing upon the revised minimum wage and rounding off the stages
to the next hundred. Accept the suggestion made by the Staff Side in its
memorandum to 7 CPC for de-layering viz. to abolish the pay levels
pertaining to GP 1900, 2400 and 4600.
In our memorandum to 7th CPC the staff side had requested for de-layering by abolition of Grade Pay of Rs 1900,
2400 & 4600. The pay levels pertaining to GP 1900, 2400 and 4600 may be
abolished and merged with the next higher levels.
3. Revise
the rate of increment to 5 % and Grant two increments in the feeder cadre
levels as promotion benefit.
The rate of increment has been pegged down to 3% by the 7th CPC. At this rate an
employee will not be able to double his pay even after 30 years. The demand of
the staff side to increase the rate of increment to 5% to be accepted.
Promotion from one cadre
to another is a rare phenomenon in government services especially in lower
grades. If one to be awarded only an increment amounting to 3% of pay, it might
not become a sought after affair and will in fact act as a de-motivating factor. This apart, in most of the
Govt. Departments, promotion is followed by posting to a different location.
Those who are posted to unclassified cities or from Metro cities to towns will
financially suffer due to such mandatory transfer on promotion. This is because
of the fact that the rate HRA, Transport Allowance etc. vary from one station
to another. The financial benefit on promotion must be, therefore, at least two
increments i.e. 10% of the pay.
4.Fill up all vacant posts by holding special recruitment drive
5. MACP to be treated as financial up-gradation, without
any grading stipulation; to be provided on the basis of the promotional cadre
hierarchy of the concerned department; increase the number of MACP to five on
completion of 8, 15,21,26 and 30th years of service. Reject the Efficiency Bar stipulation made by 7th CPC. Personnel promoted
on the basis of Examination should be treated as fresh entrants to the cadre.
6. Upgrade the LDCs in all departments as UDCs for it is stated by
the Commission that the Government has stopped recruiting personnel to this
cadre.
The cadre of LDC, after
the introduction of MTS has presently overlapping functions. Most of the
specific functions have also become obsolete on introduction of computerized
diarizing and maintenance register. There is no specific need for this cadre in
any of the offices. While future recruitment can be stopped, which the
government has conveyed to the Commission, what has to be done to the existing
cadre is not mentioned. It is therefore necessary that the existing incumbents
be promoted as UDCs by upgrading all posts of LDC as UDCs.
7a) Parity to be ensured for all Stenographers, Assistants,
Ministerial Staff in subordinate offices and in all the organized Accounts
cadres with Central Sectt. By upgrading their pay scales (and not by
downgrading the pay scales of the CSS)
b) Drivers in all
Government offices to be granted pay scale on par with the drivers of the Lok
Sabha
The question of Parity,
as has been rightly mentioned by 7th CPC, is a settled matter. It is the Department of Personnel which
the cadre controlling Department for CSS cadre that unsettles the parity every
time. The recommendation to downgrade the CSS is however not acceptable. What
is required is to grant higher pay levels at par with CSS ministerial and
stenographer cadres and other similarly placed cadres in the field/subordinate
offices and IA&AD & Organized Accounts cadres.
8. To remove existing anomaly, the annual increment date may be 1st January for those
recruited prior to 30th June and 1st July in respect of those recruited prior to 31st December.
9.Wage of
Central Government Employees be revised in every 5 years
10. Treat the GDS as Civil
Servant and grant them all pay, allowances and benefits granted to regular
employees on Pro -rata basis
11. Contract/casual and
daily rated workers to be regularized against the huge vacancies existing in
various Government offices.
12. Introduce PLB in all departments. All existing bilateral agreement
on PLB must continue to be in operation
13Revise
the pension and other retirement benefits as under: -
(a) Parity between the past
and present pensioners to be brought about on the basis of the 7thCPC recommendations with the modification that basis of
computation to be the pay level of the post / grade/ scale of pay from which
one retired; whichever is beneficial.
(b) Pension
to be 60% of the last pay drawn in the case of all eligible persons who have
completed the requisite number of years of service.
(c) The family pension to be 50% of the last pay drawn.
(d) Enhance
the pension and family pension by 5% after every five years and 10% on
attaining the age of 85 and 20% on attaining the age of 90.
(e) Commuted
value of pension to be restored after 10 years or attaining the age of 70,
whichever is earlier. Gratuity calculation to be on the basis of 25 days in the
month as against 30 days as per the Gratuity Act.
(f) Fixed medical allowance
for those pensioners not covered by CGHS and REHS to be increased to Rs.2000
p.m.
(g) Provide
one increment on the last day in service if the concerned employee has
completed six months or more from the date of grant of last increment.
14 Exclude the Central Government employees from the ambit of the
National Pension Scheme (NPS) and extend the defined benefit pension scheme to
all those recruited after 1.1.2004
15 In the absence of any recommendation made by 7 CPC, the Government
must withdraw the stipulated ceiling on compassionate appointments
16 Revise the following allowances/advances as
under in place of the recommendations made by the 7th CPC:
The 7th CPC has recommended to abolish large number of allowances and
interest free advances without going into the exact relevance in certain
departments where the allowances are provided for. The allowances which are
stated to be subsumed and which are clubbed with others also require
consideration. If these allowances are withdrawn, it might affect adversely the
very functioning of the Department itself in certain emergent situation. Of the
allowances mentioned in the report for abolition, we have mentioned hereunder
those pertaining to civilian employees which require to be retained.
In respect of advances
the Commission appears to have taken a shylock view of the matter. Most of the
under mentioned advances are required to meet out contingencies which the
employees cannot manage to organize. These advances are, therefore, to be
retained.
(i) Allowances
(a) Retain
the rate of house rent allowance in place of the recommendation of the
Commission to reduce it.
(b)Restructure
the transport allowance into two slabs at Rs. 7500 and 3750 with DA thereof
removing all the
stipulated conditions.
(c). Fixed conveyance allowance: This allowance had no DA
component at any stage. This allowance must be enhanced to 2.25 times with 25%
DA thereon as and when the DA crosses 50%
(d) Restore
the island Special duty allowance and the Tripura Special compensatory remote
locality allowance.
(e)The special duty allowance in NE Region should be uniform for all
at 30%
(f) Overtime allowance whenever sanction must be
based upon the actual basic pay of the entitled employee
(g) Cash
handling /Treasury allowance. The assumption that every transaction in
Government Departments are through the bank is not correct. There are officials
entrusted to collect cash and therefore the cash handling allowance to be
retained.
(h)Qualification
Pay to be retained.
(i) Small family norms allowances;
(j) Savings Bank allowance
(k) Outstation
allowance
(l) P.O. & RMS.
Accountants special allowance.
(m) Risk
allowance
(n) Break-down allowance.
(o) Night
patrolling allowance.
(p) Special Compensatory hill area allowance.
(q) Special
allowance for Navodaya Vidyalaya Staff.
(r) Dress
Allowance ceiling to be raised to Rs. 32,400/- p a
(s) Nursing Allowance to be
raised to 2.25 times of Rs 4800/-
(t) All fixed allowances must be raised to 2.25 times as per the
principle enunciated by the Commission
(u) The
erroneous statement in Para 9.2.5 to be corrected. Vide OM No. 13018/1/2009-Estt (L)
dated 22.07.2009, DOP, P&W, the leave period for Child adoption has been
increased to 180
days
(v). Restore the
allowances abolished for the reason that it is either not reported or mentioned
in the Report by the Commission
17. Advances.
Restore the following advances and revise the same to 3 times.
(a). Natural calamity advance;
(b). Festival Advance
(c). LTC and TA advances
(d). Medical advance
(e). Education advance.
(f). Vehicle advances including cycle advance
18. The stipulation made by the 7th CPC to grant only 80% of salary for the second year of CCL be
rejected and the existing provisions may be retained
19.50% of
the CGEIS premium to be paid by the Government in respect of Group B and C
employees.
20 Health insurance to be introduced in addition to CGHS/REHS and
CCS(MA) benefits and the premium to be paid by the Government and the employee
equally.
21Reject
the recommendations concerning PRIS
22Full
pay and allowances to be provided for the entire period of WRII.
23The conditions stipulated in clause (4) & (5) under Para
9.2.37 be removed
24 Reject the
recommendation made by the 7th CPC in Para 8.16.9 to 8.16.14 concerning dress allowance to PBOR
as otherwise the five Ordnance Equipment factories under OFB will have to be
closed down
25 Set up a Group of Ministers’ Committee to consider the anomalies
including the disturbance of the existing horizontal and vertical relativities
at the National level and Departmental/Ministry level with provision for
referring the disputed issues to the Board of Arbitration under the JCM scheme
26 To increase the promotional avenue for Technical and other
Supervisory staff.
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