Various forms of protest action on two days Nationwide General strike on 20th and 21st February,2013.

 

MOST IMMEDIATE

GOVERNMENT OF INDIA
DEPARTMENT OF PERSONNEL & TRAINING
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSIONS
NORTH BLOCK, NEW DELHI-110001

D.O. No. 33012/1(s)/2013-Estt-B

  Dated the 15th  February, 2013

Dear Sir/Madam,

   The Joint Platform of Action of Government and Associate Services Employee's Organizations — All India Committee has given a notice that the affiliated organizations of JPA and the mass of employees working in Government services throughout the country will boycott work and resort to various forms of protest action on two days Nationwide General strike on 20th  & 21 st  February, 2013 in pursuance of their Charter of Demands.

   2. The instructions issued by the Department of Personnel & Training prohibit the Government servants from participating in any form of strike including mass casual leave, go-slow etc. or any action that abet any form of strike in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17 (1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. In this connection, your kind attention is also drawn to this Department's OM No. 33012/1(s)/2008-Estt (B) (pt) dated 12th  September, 2008 (copy enclosed)

   3. A Joint Consultative Machinery for Central Government employees' is already functioning. This scheme has been introduced with the object of promoting harmonious relations and of securing the greatest measure of co-operation between the Government, in its capacity as employer, and the general body of its employees in matters of common concern, and with the object, further of increasing the efficiency of the public service. The JCM at the different levels have been discussing issues brought before it for consideration and either reaching amicable settlement or referring the matter to the Board of Arbitration in relation to pay and allowances, weekly hours of work and leave, whenever no amicable settlement could be reached in relation to these items.

   4. The Central Government Employees under your Ministry/Departments may, therefore, be suitably informed of the aforesaid instructions under the Conduct Rules issued by this Department and other regulations upheld by the Hon'ble Supreme Court and dissuaded from resorting to strike in any form. You may also issue instructions not to sanction Casual Leave or other kind of leave to employees if applied for, during the period of the proposed strike and ensure that the willing employees are allowed hindrance free entry into the office premises. For this purpose, Joint secretary (Admn) may be entrusted with the task of coordinating with security personnel. Suitable contingency plan may also be worked out to carry out the various functions of the Ministry/Department.

   5. In case the employees go on strike, a report indicating the number of employees who took part in the proposed strike may be conveyed to this Department on the evening of the day.

With kind regards,

Yours sincerely,

sd/-
(Manoj Joshi)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Nationwide-General-15022013.pdf

Grant of Night Duty Allowance on the basis of Actual Salary - Implementation of Courts Judgement.

Office of the Principal Controller of Defence Accounts (Central Command) Cariappa Road, Cantt., Lucknow, Pin Code – 226002

TOP PRIORITY

Speed Post

No. PT/3088/CGDA/Corr                                                                          

Date: 04/02/2013

To,
All Sub Offices

Sub -: Grant of Night Duty Allowance on the basis of Actual Salary - Implementation of Courts Judgement.

Ref -:    HQrs Office Letter No. AT/II/2366/NDA-VIII dated 01/02/2013.

    The copy of HQrs Office Delhi Cantt. letter No. cited under reference on above subjects is forwarded herewith for your information and information required as per Para 2 of MOD/D (Civ-II) U.O Note bearing NO. 17(4)/2012/D (Civ-II) dated 04.01.2013 (Copy enclosed) may please be forwarded to this office with in 5 days i.e by 08.02.2013 by Fax as the same is required to be furnished to HQrs office on TOP PRIORITY.

sd/-
Sr. Accounts Officers (PT)

Controller General of Defence Accounts
ULAN BATAR ROAD, PALAM, DELHI CANTT-10

No.AT/II/2366/NDA-VIII                                                                     

Date 01/02/2013

To
The PCDA (CC)
LUCKNOW

Subject: Grant of Night Duty Allowance on the basis of Actual Salary-Implementation of Courts Judgement.

    Copy of MoD/D (Civ-II) U.O Note bearing I.D No. 17(4)/2012/D (Civ-II) dated 04/01/2013 is forwarded herewith. The issue may be examined and information required as per para-2 of ibid U.O. may please be forwarded to this HQrs office within 10 days by Fax at 011-25675485 as the same is to be furnished to MoD on Top Priority.

Most Immediate
Court Matter

Ministry of Defence
D (Civ-II)

Subject: Grant of Night Duty Allowance on the basis of Actual Salary – Implementation of Courts Judgements.

    The issue of payment of Night Duty Allowance based on actual salary instead of notional pay of Rs.2200/- is under consideration in the Ministry consequent of Courts judgments. Hon’ble CAT jodhpur has passed the following directions in OA No 34/2008 dated 5.11.2009:

   (i)    The Night Duty Allowance shall be paid to the applicants and the similarly situated persons on the basis of the actual salary after taking out the pay structure determinants like HRA etc., which have no actual relation to the work performed and on the basis of this pay, thus arrived at, Night Duty Allowance is payable to the applicants.

   (ii)    The applicants are entitled to such arrears as is applicable to them from April 2007 on the basis of actual pay thus arrived at without any interest if the amount is calculated and arrears paid to them from six months from the date of receipt of a copy of this order and thereafter with 6% interest.

   (iii)    The O.A is allowed to the extent as aforesaid. No order as to costs.

   2.     The following information is required to be submitted to Defence (Finance) for taking a conscious decision in the matter:

   (i)    No. of employees eligible for getting NDA with the break-up of Industrial or Non-Industrial employees; and

   (ii)    The financial implication if the proposal is implemented in favour of the petitioners only and (ii) all similarly placed personnel including the petitioners.

   3.    It is requested that the above information may be furnished to the Ministry in time bound manner

sd/-
(M S Sharma)
Under Secretary

Source:http://pcdacc.gov.in/download/circularsnew/20130204_hcl0012-13-14.pdf

MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS) FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES.

OFFICE OF THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (CENTRAL COMMAND) LUCKNOW CANTT


Part II O.O.No. 732                                                      

Dated 13.02.2013

Sub:- MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS) FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES.

    In the implementation of financial up gradation under the MACP Scheme as introduced by the Govt. of India vide DOPT OM No 35034/3/2008 Estt (d) dated 19.05.2009 and further clarification received from HQrs Office New Delhi under their No AN/XI/11051/MACP/2009/Vol-I dated 22.07.2009, AN/XI/11051?MACP/2009/Vol-II dated 17.11.2009 and No. AN/XI/12240/MACP/2012/Vol-I dated 24.05.2012, individuals as per Annexure-A to this Part-II O.O. have been granted financial up gradation in the next higher grade pay as per details mentioned against their names.

    The attention of the individuals may be drawn to the clarification at Sl No 7 of Annexure-I to DOPT No 35034/3/2008 Estt (D) 19.05.2009 regarding exercising of option by the individual for fixation of pay for financial up gradation. The option may be exercised within a month.

    The financial up gradation so granted is merely placing the individuals in the next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part-A of the first schedule of the CCS (Revised Pay) Rules 2008.

    No stepping of pay in the pay band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACP Scheme.

Authority:- Office Note No AN/IB/1378/MACPS dated 11.02.2013

sd/-
(P.K.CHATTERJEE)
ACDA(AN)

Source:http://pcdacc.gov.in/download/circularsnew/modified.pdf

Revival of ‘Continuous Empanelment Scheme’ for private hospitals and diagnostic centres under CGHS.

No: S. 11011/23/2009-CGHS D.II/ Hospital Cell (Part IX)
Government of India
Ministry of Health & Family Welfare
Department of Health & Family Welfare

Maulana Azad Road, Nirman Bhawan
New Delhi 110 108 dated the 14th February 2013.

OFFICE MEMORANDUM

Subject: Revival of ‘Continuous Empanelment Scheme’ for private hospitals and diagnostic centres under CGHS

   With a view to ensuring comprehensive health care to CGHS beneficiaries, CGHS has been, apart from the Government Hospitals, empanelling private hospitals and diagnostic centres by floating tenders periodically. The latest tender process in this context commenced in the second half of 2009. Even the already empanelled hospitals (including dental clinics and eye centres) / diagnostic centres under CGHS were required to submit the bids under this tender process. Through this process, package rates for different treatment procedures and investigations were notified in 2010. As a part of this process, certain hospitals and diagnostic centres which accepted these rates and also signed MOAs with CGHS were notified in CGHS covered cities. Subsequently, with a view to empanel more hospitals and diagnostic centers , continuous empanelment scheme was initiated in December 2010 and was in operation till July 2011 in some cities & till 26th December 2011 in some other cities.

   2. However, it has been noticed that the number of hospitals and diagnostic centres notified as empanelled under CGHS is not adequate to provide a satisfactory level of healthcare to CGHS beneficiaries in all areas of CGHS covered cities.