Indefinite strike from 17th Feb 2014 declared by three Defence Federations (INDWF, AIDEF & BPMS)

Serving Strike Notice by Individual Affiliated Unions on 03.02.2014
Indefinite Strike Commencing from 17.02.2014. 6.00 A.M.

INTUC
INDIAN NATIONAL DEFENCE WORKERS FEDERATION

INDWF/Strike/3001/2014
Dt. 28.01.2014
To
All Affiliated Unions of INDWF
Office Bearers & Working Committee Meeting of INDWF

Sub. : Indefinite Strike

Dear Colleagues,

Three Recognised Defence Federations (INDWF, AIDEF & BPMS) have jointly decided and issued a Joint Declaration on 19.09.2013 to call for a Joint Agitation by the Defence Civilian Employees including of a indefinite strike. Notice of the Joint Declaration was sent to Defence Secretary Dt. 19.09.2013 alongwith the charter demands. The Joint Declaration and the programme of action together with the charter of demands was sent to all our affiliated unions for conducting Strike Ballot. Accordingly strike ballot was conducted by our affiliated unions as per our programme on 19.12.2013 and reports were sent to the Federation HQrs. It has been observed as per reports that more than 98% of the Defence Civilian Employees all over the country have voted in favour of the indefinite strike as the demands are very much genuine and long pending.

After receiving the reports of the strike ballot, we have sent further intimation to the secretary, Ministry of Defence that the majority employees have supported the strike and the Ministry of Defence should settle the problems forth with failing which, the Defence Civilian Employees will go on indefinite strike and the date for strike will be intimated.

Three recognized Federation have met at New Delhi on 27.01.2014 and noted with serious concern that even after more than 4 month after forwarding the Joint Declaration alongwith charter of demands, there is no progress in settlement of the issues pertaining to Defence Civilian Employees and the Govt. has not taken any step forward for a negotiated settlement/Agreement on the charter of demands.

Considering the negative attitude of the Government and Ministry of Defence towards the demands of the Defence Civilian Employees and its negligence, three Federations have decided in the meeting held on 27.01.2014 at New Delhi to organize Defence Civilian Employees for an indefinite strike starting from 17.02.2014 from 0600 AM in support of the following charter of demands. The meeting also calls upon the affiliated unions of the three Federations to jointly mobilize the Defence Workers by various agitational programmes during the period of serving strike notice on 03.07.2014 and make the strike a grand success.

The meeting also appeals to the CDRA, its affiliates and all other trade unions and associations functioning in the Defence Establishments to join the indefinite strike in the interest of unity of the Defence Employees and also realize the out standing demands of the Defence Civilian Employees.

Serving Strike Notice by Individual Affiliated Unions on 03.02.2014
Indefinite Strike Commencing from 17.02.2014. 6.00 A.M.

CHARTER OF DEMANDS

Demands on Service Matters

1) Grant of 2nd / 3rd MACP in Grade Pay Rs. 4600/- to the Artisan Staff of Defence Establishments who were granted 2nd ACP in the Chargeman Pay Scale of Rs. 5000-8000 upto 31.12.2005 (inspite of MoD’s recommendation matter is pending with Defence Finance)

2) Correlation of the hourly rate of Industrial Workers deployed on Piece Work system in Ordnance Factories in 6th CPC Pay Scale w.e.f. 01.01.2006 (inspite of MoD’s recommendation matter is pending with Defence Finance)

3) Grant of Departmental Overtime Wages to the Industrial Workers deployed on Piece Work system in the Ordnance Factories (inspite of MoD’s recommendation matter is pending with Defence Finance)

4) Grant of hourly rate to the Piece Workers of Ordnance Factories who were given MACP benefits, (inspite of MoD’s recommendation matter is pending with Defence Finance)

5) Grant of revised ACP benefits to the labourers who have completed 30 years of service by granting an one time exemption of Trade Test. (MoD’s recommendation in the matter is pending with DOP&T)

6) Grant of revised ACP benefits to the erstwhile Group “D” NIEs (MoD’s recommendation in the matter is pending with DOP&T)

7) Revision of Night Duty Allowance w.e.f. 01.01.1996 and from 01.01.2006 in the 5th and 6th CPC rates respectively by implementing the Court Judgments on the subject.

8) Doubling of the Risk Allowance for Defence Civilian Employees w.e.f, 01.09.2008 has agreed in the National Anomaly Committee Meeting.

9) Implementation of the following judgment to the similarly placed employees. As per the provisions of DOP&T OM No. A11019/2/98-AT dated 03rd September, 1998

i) Grant of MACP in promotional hierarchy (Government’s SLP dismissed in the case of CAT Chandigarh Bench Judgment on OA No. 1038/CH of 2010)-

ii) Placement from HS Grade to HS Grade-I should be ignored for . granting MACP (Judgment of CAT Principal Bench New Delhi in the case of Employees of 505 ABW, New Delhi referring various Supreme Court Judgments)

iii) Restoration of the opportunity of Chowkidars and Safaiwalas of MES for redesignation as Mate (SS) (Judgment of the Hon’ble CAT Ernakulam Bench in OA No.109/2012 dated 12.12.2012)

iv) Removal of discrimination and grant of skilled pay scale of Rs. 260-4000/950-1500 to non-petitioner Valvemen of MES (Judgment of Hon’ble CAT Jodhpur Bench in OA No. 51/2002 dated 21st July, 2003)

v) Inclusion of HRA and Transport Allowance etc. for computation of OT Wages under Factories Act 1948 based on the judgment of Madras High Court, vi) Implementation of higher Pay Scale and grade structure for the similarly placed Cooks of all Defence Establishments as granted to the Cooks of Air Force vide MoD Letter No. Air HQ./23064/Cooks/PC-4/444-CC/D (Air-!II) dated 12th November, 2013 based on the judgment of Hon’ble Principal Bench CAT, New Delhi.

10) Approval of all cadre review proposals of MTS, Durwan, Fireman, Drivers, Storekeeping Staff, Industrial Canteen Staff, Para Medical Staff, Stenographers, DEO, JJWM and Clerical Staff of OFB, DRDO, DGQA, Navy, EME, AOC, Air Force and other Directorates pending at different level.

11) Grant of PRIS to the DRDO Employees at par with Department of Atomic Energy and ISRO.

12) Revision of Fixed Medical Allowance to the Defence Employees posted at hard stations / isolated places and also grant of medical reimbursement for inpatient treatment for such employees by implementing the judgment of Punjab and Haryana High Court.

13) Grant of Four Grade Structure to the Ammunition Mechanic of NAD under Navy.

14) Grant of Four Grade Structure to the Meter Reader of MES at par with the Artisan Staff,

15) Extension of CSD Canteen facilities for retired defence civilian employees at par with Ex-Serviceman.

16) Revision of Bonus Payment ceiling and Gratuity Ceiling limit.

17) Opening of CGHS Dispensaries in all major cities and recognition of Hospitals under CGHS in Hill Stations.

DEMANDS ON POLICY ISSUES

1) Withdraw DPP-2013 which is against the interest of DRDO and Ordnance Factories.

2) No FDI in Defence Sector.

3) No disturbance in the functioning of DRDO by implementing Professor Rama Rao Committee recommendations.

4) No arbitrary reduction of manpower in the various Army Units in the name of ASEC Report in violation of the Cabinet Secretary’s directions.

5) No closure of any Defence Units including Military Farms,

6) Stop all types of outsourcing / contract and regularize all the existing contract/casual workers.

7) Fillup all the posts lying vacant in all the Defence Establishments.

8) Withdraw the New Pension Scheme.”

9) Grant of Compassionate Appointment 100% as being granted by the Railway Ministry.

10) No reduction of sanctioned strength of the Ordnance Factories based on Sourab Kumar Committee Report.

DEMANDS ON TRADE UNIONS RIGHTS AND FUNCTIONING OF JCM

1) Regular meeting with the recognized Federations by the MoD and other Directorates should be ensured.

2) Three meetings of the Departmental Council (JCM) and four meeting of the JCM-III Level Council as per the constitution of the JCM Scheme should be ensured.

3) Grant of Trade Unions rights to all the non gazetted employees working. in the Defence Establishments as being given in the case of Railway.

4) Grant of Trade Unions rights to the Employees of Hospitals and Training Establishments under MoD since these Establishments are already recognized as Industry by the Labour Ministry.

5. Grant of Trade Unions rights to the Defence Civilian Employees postedat area declared under SRO-17E.

DEMANDS ON 7th CPC ISSUES

1) Settle all the 6th CPC Anomalies and all Cadre review proposals before 7th CPC starts functioning.

2) Accept all the terms of reference of 7th CPC submitted by the staff side of National Council (JCM) to the DOP&T.

3) Implement the revised comprehensive pay packet for the Central Government Employees as on 01.01.2014.

4) To Consider the demand of merger of Dearness Allowance/Dearness Relief with Basic Pay and Basic Pension and also grant of interim relief.

The 4 lakhs Defence Civilian Employees who are the fourth force of the Defence of our country are committed and dedicated workforce and they work side by side with the uniformed personnel for the security of our great natioi. Their contribution to the Defence preparedness cannot be underestimated. Any disturbance in the industrial relations in the Defence Estatlishments will hamper the Defence preparedness. The Defence Civilian Employees and their Trade Unions with this responsibility in mind were patiently waiting for settlement of their demands. However, since there is no positive outcome inspite of our best efforts, the Defence Civilian Employees are forced to proceed with an indefinite Strike from 17.02.2014

Yours sincerely,

Sd/-
(R.SRINIVASAN)
GENERAL SECRETARY

Source:http://indwf.blogspot.in/2014/01/indefinite-strike-by-defence-civilians.html

Representation of minority communities-central government services

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO 2157
ANSWERED ON 18.12.2013

REPRESENTATION OF MINORITY COMMUNITIES

2157 . Shri YASHVIR SINGH
NEERAJ SHEKHAR

Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether 10.18% people from minority communities were employed in Central Government services in 2010-11;
(b) if so, the details thereof, departmentwise;
(c) whether the representation of minority communities in the Central Government jobs has decreased to 7.73% in 2012-13;
(d) if so, the details thereof and the reasons therefor; and

(e) the steps taken/proposed to be taken in this regard?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (SHRI V. NARAYANASAMY)

(a) & (b): Available data received from 71 Ministries / Departments is enclosed as Statement – I.

(c): Received data from 70 Ministries / Departments is enclosed as Statement – II.

(d): As per information received from Ministries/ Departments for decline in recruitment of candidates from Minority communities are as under:-

1. The rise and fall in the recruitment of minorities community depends upon the number of applications received and the percentage of qualifying candidates of the minority community.
2. There is no reservation in recruitment for minorities.
3. Dependence on traditional/religious education.
4. Low literacy level and non-availability of suitable candidates.
5. Adequate number of minority community candidates do not qualify in the selection process i.e. PST/PET/Written Examination/Medical examination and candidate with low scoring in written examination do not find in the merit of selected candidates, etc.

(e): Instructions have been issued vide letter number 39016/2(s)/2009-Estt.(B) dated 17.09.2011 to all appointing authorities to scrupulously observe the following guidelines :-

(i) The composition of Selection Committees should be representative. It should be mandatory to have one member belonging to SC/ST and one member belonging to minority community in Selection Boards / Communities for making recruitment to 10 or more vacancies.

(ii) Where the number of vacancies against which selection is to be made is less than 10, efforts should be made to have the Scheduled Caste / Tribes officer and a Minority community officer included in such Communities / Boards.

(iii) Wide publicity should be given to all appointments in Government, public sector banks and financial institutions. Advertisements should be issued in the language(s) spoken by large number of people of the State / UTs, apart from English and Hindi. Further, for Group C level posts level posts, having only basic qualifying requirements, information about vacancies for recruitment should also be disseminated through schools and colleges in that area, in addition to normal channels.

(iv) Where there is concentration of minority community population in local areas, the vacancy circular in local language may be distributed in those areas by suitable arrangements. These instructions have been reiterated from time to time.

Kendriya Vidyalayas set to switch to 5-day week for primary classes

All Kendriya Vidyalayas (KVs) across the country are likely to switch to a five-day week for primary classes (up to Class 5) from the new academic session.

The proposal for a five-day week to “give space for students to pursue self-learning as per their aptitude and interest” is set to be taken up by the Board of Governors of the Kendriya Vidyalaya Sangathan on Tuesday. Officials said the board was likely to clear the move. However, a proposal to cut the working hours of KV teachers was unlikely to be passed, said sources.

HRD Minister Pallam Raju chairs the board, while Minister of State Jitin Prasada is a member. The proposal to switch to a five-day schedule is in keeping with the Right to Education Act. The proposal was first mooted by the KVs in 2012, but was rejected.

“There should be no objection to a five-day week for primary students as the KVs will still be able to meet the 200 school days requirement mandated under the Right to Education (RTE) Act. The schools will also be able to meet the stipulated minimum teaching hours requirement under the Act. So there is little argument to subject the younger children to an extra day at school,” said an official.

The KVs have increased working hours for teachers from 6 hours 10 minutes to 7 hours 30 minutes, as stipulated under the RTE Act. Teachers have opposed the decision.

Source:http://indianexpress.com/article/india/india-others/kendriya-vidyalayas-set-to-switch-to-5-day-week-for-primary-classes/

The Fundamental (First Amendment) Rules, 2014

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training )

NOTIFICATION

New Delhi, the 17th January, 2014 ,

G.S.R. 27(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, and in consultation with the Comptroller and Auditor General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rule further to amend the Fundamental Rules, 1922, namely :—

1. (1) These rules may be called the Fundamental (First Amendment) Rules, 2014. (2) They shall came into force on the date of their publication in the Official Gazette.

2. In the Fundamental Rule, 1922, in rule 56, —

(a) in clause (k), in sub-clause (1), for item (c), the following shall be substituted namely :

“(c) it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire under this clause, if,—

(i) the Government servant is under suspension: or

(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending_

Explanation :–For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”;

(b) for clause (m), the following shall be substituted, namely :—

“(m) A Government servant in Group ‘C’ post who is not governed by any pension rules, may, by giving notice of not less than three months in writing to the Appropriate Authority, retire from service after he has completed thirty year’s service :

Provided that it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire proceedings.”;

(i) the Government servant is under suspension; or

(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending.

Explanation :-For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”;

[No. 2501313/2010-Estt. (A-IV)]

MAMTA KUNDRA, Jt. Secy.

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/25013_3_2010-Estt.A-IV-17012014.pdf

Granting of 3rd MACP in GP 4600/- after Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of 6th CPC – Clarification regarding.

BHARTIYA PRATIRAKSHA MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA) 

CENTRAL OFFICE: 2-A, NAVEEN MARKET, KANPUR – 208001, PH & FAX : (0512) 2332222 MOBILE: 09415733686, 09235729390, 09335621629, WEB : www.bpms.org.in 

REF: BPMS / MACPS / 64 (7/3/M)
Dated: 16.01.2014 
To,
The Secretary,
Govt of India, Min of Defence,
South Block, DHQ PO,
New Delhi – 110011

Subject: Granting of 3rd  MACP in GP 4600/- after Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of 6th  CPC – Clarification regarding. 
Reference: 1. MOD I.D. No. 11(5)/2009-D (Civ-I), Dated 28.12.2013

Respected Sir,
With due regards, your attention is invited to S.R.O. 13(E) Dated 04.05.1989 / S.R.O.-191 dated 28.11.1994 / S.R.O.-66 dated 27.05.2003 “Indian Ordnance Factories Group C Supervisory and Non-Gazetted Cadre (Recruitment and Conditions of Service) Rules” which stipulates that the post of Chargeman (Tech) will be filled up by- 

(a) 25% by direct recruitment after adjustment of surplus and transfer, 

(b) 25% by Limited Departmental Examination and 

(c) 50% by promotion from panel prepared by relevant DPC for each category  and on failure of recruitment by promotion, by transfer failing which by direct recruitment {as mentioned in Point No. 2 of Annexure to OFB Letter No. 01/CR/A/I/Vol.II/658, dated 21.02.2011}. 

It further stipulates that the post of Chargeman will be filled up by Promotion from Draughtsman or equivalent in scale of Rs.1200-2040 with 3 years service and by promotion from Highly Skilled Grade-I with 3 years of regular service failing which from Highly Skilled Grade-II with 6 years regular service in respectively category. 

The above Recruitment Rule (SRO) nowhere says that the post of Chargeman will be filled by promotion from Master Craftsman. 

It is to be noted that the post of Master Craftsman was created in pursuance of the recommendations of the 3rd Central Pay Commission made in Chapter 19 of Volume I of its Report, vide MOD letter No. 1(2)/80/D(Civ-I), dated 21.09.1982 in the pay scale of Rs. (425 – 640) at par with the Chargeman. Para 2(iv) of the letter stipulates that the incumbents selected for the post of Master Craftsman will forego their normal promotion to the supervisory grade; i.e., Chargeman. 

The pay scale of Master Craftsman & Chargeman was revised to Rs. (1400 – 2300) as per 4th CPC but the 5th  CPC revised the pay scale of Master Craftsman to Rs. (4500 – 7000) whereas Chargeman was revised & upgraded to Rs. (5000 – 8000) w.e.f. 01.01.1996. 

Subsequently, Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of the 5th CPC has been introduced vide MOD letter No.11(1)/2002/D(Civ-I), dated 20.05.2003 which states that the post of Master Craftsman shall not be part of the hierarchy and the placement in this grade will not be treated as promotion for Highly Skilled Grade either under normal promotion rules or under ACP Scheme. Para 4(iv) of the letter states that the post of Master Craftsman (Rs. 4500 – 7000) shall continue to be considered as Highly Skilled grade for the purpose of promotion to the grade of Chargeman-II (Rs. 5000 – 8000). 

It is worth to mention here that Hon’ble Supreme Court of India has already decided that the administrative instructions cannot be issued in contravention of the statutory rules {C&AG of India vs. Mohan Lal Mehrotra, 1991 Lab IC (SC) 2328, para 22} and that there can be no dispute with the proposition that a rule framed under the Proviso to Art. 309 of the Constitution cannot be modified by an executive order {State of Maharashtra & Anr vs Chandrakant Anant Kulkarni & Ors: 1981 AIR 1990, 1982 SCR (1) 665} 

The Supreme Court has held in the case of “Sant Ram Sharma vs State Of Rajasthan & Anr : 1967 AIR 1910, 1968 SCR (1) 111” as under:- 
“It is true that Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point Government can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed.” 

Contrary to above, vide letter cited under reference MOD has communicated that the idea of exclusion of the post of Master Craftsman (MCM) from further promotions in the hierarchy (Chargeman in the same Grade Pay) has not found favour with the Defence Finance. 

 We are surprised to construe from above that Defence Finance may promote any person on any post which may be against the provisions of relevant Recruitment Rules (SRO) made under the proviso of Article 309 of the Constitution of India. 

Here, we would like to draw your attention to Para 3.1 of Govt. of India, DoP&T O.M. No. 22011/5/86-Estt.(D), dated 10th April, 1989 issued as consolidated instructions on Departmental Promotion Committee, which stipulates as under:- 
“ ….. A vacancy shall be filled in accordance with the recruitment rules in force on the date of vacancy, unless rules made subsequently have been expressly given retrospective effect. Since amendments to the recruitment rules normally have only prospective application, the existing vacancies should be filled as per the recruitment rules in force. Holding of DPC meetings need not be delayed or postponed on the ground that recruitment rules for a post are being reviewed/amended.” 
It is worth to mention here that Para 2 of Annexure - I of DOP&T O.M. No. 35034/3/2008-Estt. (D), dated 19.05.2009 of MACPS provides that 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 Section I, Part – A of the first schedule of the CCS (RP) Rules, 2008 and which is as under;

Grade Pay Rs. 1800/-   Grade Pay Rs. 4200/-
Grade Pay Rs. 1900/-   Grade Pay Rs. 4600/- 
Grade Pay Rs. 2000/-   Grade Pay Rs. 4800/- 
Grade Pay Rs. 2400/-   Grade Pay Rs. 5400/- 
Grade Pay Rs. 2800/-   Grade Pay and so on 

Hence, a person who is drawing grade pay of Rs. 4200 due to 02 promotions/ACPs and completes 30 years regular service on or after 01.09.2008 will be granted financial upgradation under 03rd MACPS in grade pay of Rs. 4600/-. 

 Therefore, you are requested to review the referred clarifications and withdraw the same without further delay and clarify that since the post of MCM was not in hierarchy of artisan staff cadre upto 31.12.2005, the Highly Skilled worker/MCM who were already drawing the pay scale of Rs. (5000 – 8000) under ACP Scheme may be considered for further financial upgradations in the next Grade Pay (Rs. 4600) in the hierarchy of Grade Pays. 

Thanking you. 

Yours Sincerely 

 Sd/-
 (MUKESH SINGH) 
 Secretary/BPMS & 
 Member JCM-II (MOD)

Source: http://bpms.org.in/documents/macp-mcm-4tdp.pdf

Holding of meeting of the Standing Committee of National Council(JCM) for finalization of Terms of Reference

All India Railwaymen’s Federation

No.AIRF/405( VII CPC)
Dated: January 23, 2014
The Director(JCA) & Member Secretary,
National Council(JCM),
Government of India,
Department of Personnel & Training,
Ministry of Personnel, Public Grievances & Pensions,
North Block,
New Delhi-110001

Dear Sir,
Sub: Holding of meeting of the Standing Committee of National Council(JCM) for finalization of Terms of Reference of

In the meeting held on 24.10.2013, under the chairmanship of Secretary, DoP&T, to discuss the Terms of Reference for VII CPC, Secretary,National Council (JCM) (Staff Side), Shri Umraomal Purohit had demanded a meeting with the Secretary(EXP.) and DoP&T before finalization of Terms of Reference of VII CPC.

Despite elapsing a period of around three months, nothing has been heard in this regard.

We, therefore, request that an urgent meeting should be held with the Secretary(ExP.) and DoP&T for finalization of Terms of Reference of VII CPC.

Yours faithfully, 

Sd/-
(Shiva Gopal Mishra) 
General Secretary

Source : AIRF