Thursday, April 17, 2014

Govt woman employee can get uninterrupted two-year leave for child care: SC


PRESS NEWS
The Supreme Court today held that a woman employee of central government can get uninterrupted leave for two years for child care, which also includes needs like examination and sickness. 

A bench of justices S J Mukhopadhaya and V Gopala Gowda set aside the order of Calcutta High Court which had held that Central Civil Services (Leave) Rules do not permit uninterrupted CCL(Child Care Leave) for 730 days.

"On perusal of circulars and Rule 43-C, it is apparent that a woman government employee having minor children below 18 years can avail CCL for maximum period of 730 days i.e. during the entire service period for taking care of upto two children. The care of children is not for rearing the smaller child but also to look after any of their needs like examination, sickness etc," the bench said.

It said that CCL even beyond 730 days can be granted by combining other leave if due and the finding of the High Court was based neither on Rule 43-C nor on guidelines issued by the central government.

The court passed the order on a petition filed by a woman government employee Kakali Ghosh challenging government's decision not to grant her leave of 730 days for preparing her son for secondary/senior examinations.

She had first approached Central Administrative Tribunal Calcutta for getting leave. The tribunal had ordered in her favour but the High Court reversed the order after which she moved the apex court.

The apex court set aside the High Court's order.

"We set aside the impugned judgement dated September 18, 2012 passed by the Division Bench of Calcutta High Court, Circuit Bench at Port Blair and affirm the judgement and order dated April 30, 2012 passed by the Tribunal with a direction to the respondents to comply with the directions issued by the Tribunal within three months from the date of receipt/ production of this judgement," it said.

7 TH CPC INSEARCH OF OFFICE SPACE-- PRESS NEWS

As per the news item reported in Indian Express, 7th Pay commission is yet to be allotted with an office space. It was also reported that since there is no adequate space available at Delhi Ministry of Urban Development could allot required office space to 7th Pay Commission. Presently, the Chairman of 7th Pay Commission has requested Government to issue Non-Availability Certificate so that Commission can look for a private property to accomodate the office of 7th Pay Commission

Source : Indian Express

On Contract Labour - A.K.Padmanabhan






Sunday, April 13, 2014

CGEs under NPS are also eilgible for Family Pension/ Invaild Pension to certain extent - Ealier Order


No.38/41/06/P&PW(A)
Government of India
Ministry of Personnel Grievances and Pensions
Department of Pension and Pensioners Welfare
*******
Lok Nayak Bhawan Khan Market, New Delhi - 110 003 Dated 5th May, 2009
OFFICE MEMORANDUM
Subject : Additional Relief on death/disability of Government servants covered by the New Defined Contribution Pension System (NPS) 
The undersingned is directed to say that the pension of the Government servants appointed on or after 1.1.2004 is regulated by the New Defined Contribution Pension System (Known as New Pension Scheme), notified by the Ministry of Finance (Department of Economic Affiairs) vide their O.M. No. 5/7/2003-ECB 2 PR dated 22.12.2003.

2. On introduction of New Pension Scheme, among others, the Central Civil Service (Pension) Rules, 1972 and the Central Civil Services (Extraordinary Pension) Rules were amended on 30.12.2003. Under the amended Rules, the benefits of Invalid Pension/Disability Award and Family Pension/Extraordinary Family Pension/Liberalized Pensionary Award relief are not available to the Government servants appointed on or after 1.1.2004.
3. Ministry of Finance (Department of Economic Affairs) has subsequently clarified that the New Pension Scheme is a replacement for only pension under normal circumstances and family pension in case of death of employees after retirement.
4. A High Level Task Force (HLTF) constituted by the Government has recommended certain additional benefits that can be provided on death or discharge on invalidation/disability of a Government servant covered by the New Pension Scheme. It is likely to take some time before the rules regulating these benefits under the New Pension System are put in place.
5. Meanwhile, considering the hardships being faced by the employees appointed on or after 1.1.2004 who are discharged on invalidation/disablement and by the families of such employees who have died during service since 1.1.2004, the President to extend the following benefits to Central Civil Government Servants covered by the New Pension Scheme, on provisional basis till further orders:
(I) Retirement from Government service on invalidation not attributable to Government duty:
(i) Invalid Pension calculated in terms of Rules 38 and Rule 49 of the Central Civil Services (Pension ) Rules, 1972.
(ii) Retirement gratuity calculated in terms of Rule 50 of the Central Civil Services (Pension) Rules, 1972.

(II) Death in service not attributable to Government duty:
(i) Family Pensin (including enhanced family pension) computed in terms of Rule 54 of the Central Civil Service (Pension) Rules, 1972.
(ii) Death / Gratuity computed in terms of Rule 50 of the Central Civil Service (Pension) Rules, 1972.

(III) Discharge from Government service due to disease/injury attributable to Government duty:
(i) Disability Pension computed in terms of the Central Civil Service (Extraordinary Pension) Rules.
(ii) Retirement Gratuity computed in terms of the Central Civil Service (Extraordinary Pension) Rules read with Rule 50 of the Central Civil Service (Pension) Rules, 1972.

(IV) Death in service attributable to Government duty:
(i) Extraordinary Family Pension computed in terms of Central Civil Service (Extraordinary Pension) Rules and Scheme for Liberalised Pensionary Awards.
(ii) Death gratuity computed in terms of Rule 50 of the Central Civil Service (Pension) Rules,1972.
The employee / his family will also be paid Dearness Pension / Dearness Relief admissible from time to time in addition to the above benefits, on provisional basis.
6. The above provisional payments will be adjusted against the payments to be made in accordance with the Rules framed on the recommendations of the HLTF and recoveries, if any, will be made from the future payments to be made on the basis of those rules.
7. The recommendations of the HLTF encisage payment of various benefits on death/discharge of a Government employee after adjustment of the monthly annuitised pension from the accumulated funds in the NPS Account of the employee. Therefore, no payment on monthly-annuitised pension will be made to the employee/family of the employee during the period he/she is in receipt of the provisional benefits mentioned in para 5 above.
8. In case where, on discharge/death of the employee, the amount of accumulatd funds in the NPS Account have been paid to the employee/family of the employee, the amount of monthly-annuitised pension from the date of discharge/death will be worked out in accordance with the rules/regulations to be notified by the Department of Financial Service/PFRDA and the same will be adjusted against the payment of benefits/relief after the notified rules in this respect are in place.
9. These instructions will be applicable to those Government servants who joined Government service on or after 1.1.2004 and will take effect from the same date i.e. 1.1.2004.
10. This Order issues with the concurrence of Ministry of Finance (Deapartment of Expenditure) vide their U.O.No. 127/EV/2009 dated 13.4.209.

(M.P.Singh)
Director 

Wednesday, April 9, 2014

CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS
1st Floor, North Avenue PO Building, New Delhi – 110001
      Website: www.confederationhq.blogspot.com
      Email: confederationhq@gmail.com
 



Dated – 09.04.2014
NOTICE

A meeting of the National Secretariat of the Confederation of Central Government Employees & Workers will be held at New Delhi on 31st May 2014 (Saturday) at ITEF Central Head Quarters (Rajouri Garden), New Delhi. The meeting will commence from 11.00 AM and continue till close. The following shall be the agenda of the meeting. All National Secretariat members are requested to attend the meeting in time.

AGENDA

1.      15 Point Charter of Demands – Agitational programme and campaign – Future course of action.
2.      7th CPC and Terms of Reference – our stand thereof.
3.      Preparation of Memorandum to be submitted to 7th CPC on common demands of Central Government Employees.
4.      Organisational Review.
5.      Financial Review
6.      Any other item with permission of the chair.

Yours fraternally,


(M. Krishnan)

Secretary General
GRANT OF DEARNESS RELIEF TO CENTRAL GOVERNMENT PENSIONERS/FAMILY PENSIONERS - REVISED RATE EFFECTIVE  FROM 1.1.2014. (Click the link below for details)



Tuesday, April 8, 2014

FAQ --GRIEVANCE REDRESS MECHANISM IN GOVERNMENT OF INDIA

CLICK HERE to view DAR&PG Guide Lines

FM REPLIED IN RAJYASABHA---FAMILY PENSION SCHEME TO CONTINUE IN THE CASES OF CG EMPLOYEES UNDER NPS


GOVERNMENT OF INDIA
MINISTRY OF FINANCE
RAJYA SABHA
STARRED QUESTION NO-350
ANSWERED ON-18.02.2014
Family pension under NPS
350 . SHRI PRABHAT JHA
Will the Minister of FINANCE be pleased to state:
(a) the details of cases of family pension sanctioned, so far, under the New Pension Scheme (NPS) to the families of deceased Central Government employees;
(b) whether family pension at the rate of old pension scheme to these family members of deceased employees has been stopped after coming into force of the New Pension Scheme;
(c) if not, the fate of those who have been receiving family pension under NPS at the rate of old pension scheme;
(d) whether some of the deceased employees have left behind them only few thousands rupees as Contributory Pension Fund (CPF) with the National Securities Depository Limited (NSDL); and
(e) if so, how Government would pay them family pension from their CPF?

ANSWER

FINANCE MINISTER
(SHRI P. CHIDAMBARAM )

(a): Central Pension Accounting Office has informed that as per its records there are 1900 cases of family pension and 20 cases of disability pensionunder National Pension System (NPS).
(b) and (c): The pension of the Government servants (except in the Armed Forces) appointed on or after 01-01-2004 is regulated by the NPS which is adefined contribution pension system. Employees appointed in the service of Central Government prior to this date are not covered by NPS. However, even after the introduction of NPS, the benefit of family pension is available to the families of the deceased Central Government employees covered under the NPS. Hence, family pension, at the rate of old pension scheme, to family members of deceased employees, who were in the service of the Central Government on or after 01-01-2004, is not denied or affected due to the implementation of NPS, as per the Office Memorandum (OM) No. 38/41/06/P&PW(A) dated 05-05-2009 of the Department of Pension and Pensioners Welfare, Ministry of Personnel, Public Grievances and Pensions. This OM envisages payment of various benefits on death/discharge of a Government employee after adjustment of the monthly annuitised pension from the accumulated funds in the NPS account of the employee.
(d) and (e): National Securities Depository Limited (NSDL) has informed that a few deceased employees, who passed away within a short span after joining NPS, had minimal accumulated pension wealth in their NPS accounts. However, as stated in reply to parts (b) and (c) above, the family members of the deceased employees are covered by the family pension.

Source : rajyasabha.nic.in

Sunday, April 6, 2014

Circular No: 15



CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS
      1st Floor, North Avenue PO Building, New Delhi – 110001
      Website: www.confederationhq.blogspot.com
            Email: confederationhq@gmail.com

Circular No: 15                                                                                 Date: 5/4/2014

Dear Comrade,

                The National Convention of Central Government employees as scheduled was held at Nagpur on 4th April, 2014.  The convention was inaugurated by Com. A.K. Padmanabhan, National President, CITU and was addressed by Com. B.N.J. Sharma,  President, AITUC, Nagpur District Committee .
               
The Draft resolution prepared by the National Secretariat was presented to the house by Com. M.S. Raja, Working President, Confederation. Com. K.K.N. Kutty, President, read out the two amendments received at the CHQ.  In the deliberations that ensued thereafter 31 comrades participated. Com. M. Krishnan, Secretary General, summed up the discussion and indicated the acceptance of the suggestions made by the delegates who participated in the deliberations.  A copy of the final version of the resolution as adopted by the Convention unanimously is enclosed.  Before the adoption of the resolution in its final form by the house, Com. S.K. Vyas, Advisor, Com. Narasimhan, Vice President and Com. K.P. Rajagopal, Secretary, Confederation addressed the house.

                The National Secretariat of the Confederation met on the same day at 7.00PM.  It took the following decisions to carry out the directives of the Convention.

1.       The State Committees of the Confederation and its affiliated Federations will take steps to translate the resolution in the respective local languages immediately and ensure that the same is circulated amongst the members. 
2.       Meetings will be organised in all offices to explain the contents of the resolution adopted by the National Convention.
3.       The National Secretariat members who are assigned the responsibility (as per the details in the annexure) will interact with the State Secretaries and ensure that the campaign programme of reaching out to all members is carried out in all States.
4.       The State Committees will solicit and enlist the services of the Pensioners organisations to carry out the campaign amongst the mass of the people.

All affiliates and State Committees are requested to take immediate steps to carry out the above decisions of the National Secretariat. 

With greetings,
Yours fraternally, 


 M. Krishnan
Secretary General.
               


Name  of the Secretariat Member:                                                                  State Assigned.

1.       M. Krishnan and R.Seethalakshmi.                                                         Karnataka and Kerala.   
2.       Com . K.K.N. Kutty and Com. Duraipandian.                                         Tamilnadu.
3.       Com. Narasimhan, Nageswara Rao and P.Suresh:                             Andhra Pradesh
4.       Com. R.P.Singh and Com. P. Jeyaraj.                                                       Mumbai.
5.       Coms. P.K. Das. Gupreet Singh. & Nilesh Nasre                                  Vidharbha.
6.       Com. Yeshwant Purohit and Com.T.K.R. Pillai.                                     Mdhya Pradesh.
7.       Com. T.N. Parasar T. Sathyanaryana.                                                       Gujarat.
8.       Com. Suresh.                                                                                                     Chattisgarh.
9.       Com. Vrighu Bhattacharjee and Giriraj Singh.                                      Jhararkhand.
10.   Com. R.N. Dhall                                                                                                 Orissa.
11.   Vrighu Bhattachary and Giriraj Singh.                                                      Bihar.
12.   Com.R.N. Parasar.                                                                                           U.P.
13.    Com. Somaiah, Ashok Kanojia.& K.P.Rajagopal    .                               Haryana. And Punjab,    
14.   Com. M.S. Raja.                                                                                                                H.P. and Utrakhand
15.   Com. S.K. Vyas and Com.N. Somaiah                                                       Rajasthan
16.   Com.R.N. Parasar, Vrigu Bjattacjarya, A.K. Kanojia & Giriraj Singh. Delhi.



******


RESOLUTION  adopted at the  National Convention of Central Government employees
on 4th April, 2014 at Nagpur.

1.       The National Secretariat of the Confederation places on record its appreciation over the massive and magnificent participation of the largest number of our members in the 48 hour strike on 12thand 13th Feb. 2014.  It was a great manifestation of the confidence the members had reposed in the organization and their determination to win the demands through struggles.  The reports, the Confederation CHQ received both from the affiliates and the State Committee indicate the massive participation of the employees in the strike action throughout the county.  In some of the affiliates, the participation had been cent percent.  This must embolden the Confederation to pursue the issue with determination and organize further action programmes to ensure that the demands are got settled.

2.       The Secretariat has noted that the Government had pretended to ignore the massive action of the employees.  There had been no response from them so far.  In the wake of the strike action, it announced the composition of the 7th CPC disregarding the united demand raised by the Staff side of the JCM National Council for the inclusion of a labour representative.  The Government also chose not to convene the meeting the staff side to discuss the draft terms of reference submitted.  It did not make any announcement on the question of merger of DA, Interim Relief, and inclusion of GDA within the ambit of the Commission and rejected the demand for making the recommendation of the Commission effective from 1.1.2014. 

3.       On every issue, which is included in the 15 point Charter of demands, the Govt. continued with its nugatory attitude.   In the last session of the Parliament, they ensured that the PFRDA bill becomes an Act despite the strongest objection and resistance of the employees by eliciting and receiving the support and patronage of the dominant opposition party, the BJP.  Even on an issue like compassionate appointments, no positive response emerged.   The period witnessed increased outsourcing of governmental functions.  Almost a third of the workforce is presently casual and contract workers with abysmally poor wages taking advantage of the acute unemployment situation in the country.  There had been no settlement of any issue raised by the Staff Side in the National Council JCM.  The JCM scheme has been made ineffective as not a single meeting of the Council was held in the last three years and even the decision taken at the National Anomaly Committee was thwarted through political intervention.

4.       The plight of the three lakh Gramin Dak Sevaks of the Postal Department is highly deplorable.  They constitute almost half of the Postal work force. But for them, the functioning of the Postal system will come to a grinding halt.  Their service conditions are presently worse off than even a causal/daily rated worker. Despite the Supreme Court’s decisions that they are holders of Civil Post and consequently are entitled to the benefits and privileges of a civil servant, there had been no improvement in their service conditions worth mentioning.  In spite of repeated presentation of their case both inside and outside the Parliament by people from all walks of life irrespective of party affiliation, the Government had been silent to the pleading for bringing them within the ambit of the Pay Commissions.  Confederation is duty bound and determined to change the situation and to bring them within the purview of the 7th CPC.

5.       During its five year tenure the UPA II was in power, it intensified the neo-liberal reforms;  phased out all welfare measures; accentuated the unemployment situation; divested the PSUs; allowed unbridled entry of Foreign capital to subjugate the Indian people; ruined the indigenous industry; destroyed the livelihood of the farmers and agricultural labourers; allowed the prices of all essential food items to soar; privatised education and health care services; ensured that each of its decision was to favour the rich; granted huge tax concessions to the corporate; indulged in large scale corruption; squandered away the national wealth; siphoned off the poor man’s earning into the hands of a few rich in the country; sided with the entrepreneurs in all labour disputes;  took each and every political decision to sub-serve the interest of the imperialist powers especially the USA.  The pursuance of the neo liberal policies at the behest of the advanced capitalist countries drove the majority of Indian population to be below the poverty levels. In the comity of nations, India became the poorest and the last ranking in all fields. Indian youth were driven to be beggars at the doors of transnational corporations and developed countries.

6.       Those who were responsible in driving our country men to unprecedented deprivation have to now seek mandate, for their tenure is to end shortly.  No different is the approach of the major opposition party, BJP.  There is nothing to choose from these two political dispensations.  They were hand in glove together to demolish the sovereignty of the country; pauperisation of the people and supported every legislation to intensify the neo liberal exploitation of the common man.  They supported to the hilt the corporate houses.  But for the support extended by the BJP, the PFRDA bill would never have been made into a law.  The Act now provides for the extension of the new contributory pension scheme to those who were recruited prior to 1.1.2004 and the existing pensioners.  Despite the refusal of the Government to accept their suggestion to guarantee minimum pension, the BJP unashamedly supported the Bill, for they were the proponents of the neo liberal economic policies.  They supported this Government to increase the FDI and FII in all sectors of economy and announced that they would intensify the reform process if elected to power.  The conglomeration of Corporates in the country has now appointed the leader of that party to be the next CEO to run the country.  They have no use for the discredited UPA howsoever subservient it could be.  They know in a democratic system demagogy can play a vital role.  They are certain that BJP and its allies if elected to power will be much more pliant and compliant.

7.       The Corporate controlled media has created an illusion to the effect that there exists a consensus across the political spectrum in the country that the neo liberal policies will spur economic growth and the only point to be clinched in the forthcoming election is as to which political combination, whether the UPA led by Rahul Gandhi or the NDA of Narendra Modi is more efficient in pursuing the IMF dictated economic policies vigorously.  Economic growth is not akin to development. In the initial years of the introduction of the LPG, no doubt, the economy grew phenomenally, but the large majority of Indian people suffered. It permanently halted the bringing up of an egalitarian society.  It only enlarged the scope for maximisation of profit of the corporate giants; opened up larger and bigger avenues for corruption at the top of administration, whereby the ruling party and its leaders could amass wealth.  The scams unearthed by the Comptroller and Auditor General of India during the last five years of UPA II Rule speak volumes of the cancerous growth of corruption in our country.  The 2G spectrum involving Rs. 1.76 lakh crores,  the Coalgate of the dimension of Rs. 1.86 lakh crores, the corruption involved in the commonwealth games, the Rs. 40,000 cr deal in the Delhi Airport Privatisation scheme, The KG Basin related Gas price deal with Reliance, topping with Rs 48 lakh crores are a few that surfaced during this period.

8.       As part of the economic policy, concerted and continuous efforts were made to the job killing process in all sectors, through contractorisation, casualisation, outsourcing, privatisation etc. Contract workers now constitute 80% of the total work force in the private sector.  After the implementation of the 6th CPC recommendations about 35% of the workforce in the Governmental sector is either contract or casual workers.  They are paid quarter of or even less the wages of the regular workers. 

9.       This election is not only to decide who should govern this country but more so to determine for whom the governance is. UPA having been totally discredited in the eyes of the common man has no chance whatsoever.  NDA must not have a chance once again for it is bound to pursue the neo liberal policies more vigorously than even the UPA. That is the one and only reason why the Indian corporate houses and the corporate controlled media solidly back the BJP and the BJP led NDA. The Political combination outside the NDA and UPA has a predominant presence in the 15th Lok Sabha. They are capable of being the largest segment in the 16th Lok Sabha too.

10.   It is in this background that the workers must assess the political situation.  In the forthcoming electoral battle, every worker must discharge his salutary responsibility.  Since the present state of affairs is the product of the neo- liberal policies and since both the UPA and the NDA are the proponents of those policies, one must have clear vision and exercise the franchise effectively to ensure that a pro-worker, pro-people combination of parties is in governance.  In the forthcoming election to the 16th Lok Sabha, the Central Government employees must become a vehicle for change in the interest of the common people; rise above the divisive ideologies and misleading propaganda; identify their friends especially in the Left parties; and ensure the success of those who stood with them and fought for the cause of the workers and common people. 

11.   The Secretariat came to the inescapable conclusion that the settlement of the demands in the charter will only be possible through intensification of the struggles.  It recognised the need for larger unity. It will strive for bringing about such a united platform for joint action.  The inevitability of an indefinite strike action has to be emphasised.  The Confederation and its affiliates must prepare its members for such an eventual and unavoidable action, if the proposed 7th CPC is to really revise the wages.  It is needed to ensure the withdrawal of the pernicious contributory pension scheme.  It only will ensure that there are no casual or contract system of employment in Government service.   The Government employees must be bestowed with democratic rights and above all must enjoy the facility for collective bargaining and right to strike.  The Gramin Dak Sevak system is a colonial legacy and no civilised country must endure such brutal exploitation.  All is possible through united and sustained action.  The Confederation has proved beyond any iota of doubt that it has built up an organisation capable of carrying out such an action.

12.   To ensure that the Indian people have food security, the farmers are not driven to commit suicide, the workers do have decent job environment and emoluments, the prices of essential commodities do not soar, there is universal public distribution of essential food articles; India has an independent foreign policy, this great Nation is not enslaved by western imperial powers once again, all communities and people of different faiths are allowed to live in peace and harmony; no communal violence erupts; all able bodied people have jobs and livelihood, there must be a Government which exist for the sake of the poor inhabitants of this country.  Central Government employees must take an active role in the ensuing General election and strive with their best to bring about such a Government.

13.   This convention calls upon every worker of the Confederation to fan out and reach out to the rank and file of its membership, explain the stupendous task ahead; to work in consonance with the understanding depicted in this resolution and ensure that they become instruments for a great political change in our country. 

14.   The Convention authorises the National Secretariat to review the political situation emerging after the election and take appropriate decision to mobilise the rank and file of the workers for an eventual industrial action to seek settlement of the 15 point charter of demands.
******
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