CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES & WORKERS ISSUED CLARIFICATION NOTE BASED ON THE FREQUESNT QUERIES AND COMMENTS RECEIVED AT TEH CONFEDERATION HEAD QUARTERS. SINCE NFAEE TOO GETS SIMILAR TYPE OF COMMENTS AND QUIRIES, WE HEREBY REPRODUCING THE CLARIFICATION ISSUED BY THE CONFEDERATION HEAD QUARTERS.
Jayaraj KV
Secretary General
NFAEE
DEFERRING OF THE INDEFINITE STRIKE –
CLARIFICATIONS
M.
Krishnan, Secretary General,
Confederation
of C. G. Employees & Workers
Dear
Comrades,
We are
in receipt of messages and emails from our grass root leaders and workers
conveying their concerns over the decision of NJCA to defer the indefinite
strike. Comments are circulated in other social medias like whats app etc.
also. As it is not practically possible to reply to all the queries and
comments, to put the record straight, we are clarifying below the common points
raised by most of our comrades and well-wishers. We sincerely thank all those
leaders, comrades and well-wishers, who have conveyed (and still conveying)
their views, opinions, criticisms and concerns to the confederation CHQ.
1. CONVEYING
THE DEFERMENT OF THE STRIKE EVEN BEFORE THE NJCA FORMALLY ANNOUNCED IT:
NJCA
has taken serious note of this incident and shall take precautionary measures
in future.
2. WHETHER
IMPLEMENTATION OF THE CABINET DECISION ON 7TH CPC
RECOMMENDATIONS WILL BE DELAYED FURTHER FOR FOUR MONTHS
The
question of keeping in abeyance the implementation of the Cabinet decision on
29th June 2016 regarding 7thCPC recommendations,
till the High Level Committee submits its report to Govt, was discussed in the
NJCA meeting. It is decided that NJCA should not demand it, as the employees
may be put to hardship, especially those who are in the verge of retirement.
Com Shiv Gopal Misra, Convenor, NJCA has confirmed from the Finance Ministry
that Govt notification on 7th CPC recommendations is under
process and it will be issued shortly, payment may be made from August salary.
3. WHAT IS
THE DIFFERENCE BETWEEN EMPOWERED COMMITTEE CONSTITUTED EARLIER AND THE NEW HIGH
LEVEL COMMITTEE?
The new
High Level Committee is the product of the discussion held by Group of
Ministers including Home Minister, Finance Minister and Railway Minister with
NJCA leaders after announcement of the Cabinet decision, in the
wake of an impending indefinite strike. Govt is compelled to appoint the new
Committee, as the decision taken by the Govt on the proposals submitted by the
Empowered Committee headed by Cabinet Secretary (details of proposals of ECoS
is not known to staff side) is not acceptable to the NJCA. Hence the new
Committee shall be to reconsider the decision of the Govt. especially regarding
minimum wage and fitment formula. Inspite of the assurance of the Groups of
Ministers that the Committee is being constituted to reconsider the Govt.
decision, if the Govt. again reject our demand, the NJCA have to reconsider its
stand and deferred strike shall be revived.
4. POSITION
REGARDING ALLOWANCES
All
allowances including HRA, transport allowance, fixed medical allowance to
pensioners etc. are referred to a committee headed by Finance Secretary.
Committee shall submit its report within four months. Pending final decision
based on the report of the Committee, all existing allowances to be paid as per
the existing rates in existing pay structure. Govt. may try to deny arrears of
revised rate of allowances by implementing it from prospective date as in the
past. This issue will be further discussed by the NJCA with the proposed
Committee.
5. WE
WOULD HAVE GOT A BETTER SETTLEMENT IF NJCA HAS GONE AHEAD WITH THE INDEFINITE
STRIKE
All of
us are aware that NJCA is not a monolithic, composite organization. It is a
united forum of independent organisation. Each Federation has its own identity
and individuality and take decision as per the direction of the managing bodies
of each organization. Hence different views may emerge in the NJCA, but final
decision is taken by consensus. If each organization stick on to its own stand
and others to follow it, there is no question of consensus and NJCA will not
exist.
With
all its inherent weakness and limitations, the NJCA has successfully challenged
the NDA Govt’s stand that there is no negotiation with the staff side on the 7th CPC
recommendations. Govt. thought that once the Cabinet decision is announced
unilaterally, followed by unleashing of well-orchestrated media propaganda that
big bonanza is given for Central Govt. Employees, the NJCA will be forced to
withdraw its indefinite strike decision. But the calculation of the Govt went
wrong. NJCA took a firm stand that unless and until the retrograde
recommendations especially minimum wage and fitment formula is modified, there
is no question of withdrawing the strike. All the Federations are firm on this
demand which ultimately compelled the Hon’ble Prime Minister to intervene.
(NJCA has written to Hon’ble Prime Minister for intervention even before the
Cabinet decision, but the Govt. ignored the NJCA’s appeal at that time). As per
the direction of the Hon’ble Prime Minister, Hon’ble Home Minister Sri Rajnath
Singh, Finance Minister Sri Arun Jaitly and Railway Minister Sri Suresh Prabhu
discussed the main issues raised in the Charter of demands with NJCA leaders,
and assured that Govt. will appoint a High Level Committee to reconsider the
decision of the Govt., especially on minimum pay and fitment formula. This
assurance was given with the approval of Hon’ble Prime Minster.
Inspite
of it, the NJCA has not deferred the strike and insisted written confirmation
of the assurance regarding constitution of High Level Committee. Again Hon’ble
Home Minister Sri Rajnath Singh called the NJCA leaders and reiterated the
earlier assurances and informed that the Finance Minister will issue a press
statement confirming the assurance given to NJCA. Only after receipt of the
copy of the press statement issued by the Finance Ministry, NJCA has deferred
the strike till the finalization of the report of High Level Committee.
As the
Hon’ble Prime Minister of our country has intervened and as three Cabinet
Ministers of Govt. of India discussed the demands with NJCA leaders and gave
assurance that the demands, especially minimum pay and fitment formula will be
reconsidered, and as the Home Minister has again reiterated the assurances to
NJCA leaders and Finance Minster has issued press statement confirming the
constitution of High Level Committee, the NJCA felt that before embarking upon
an indefinite strike which is the last weapon in the hands of the workers, we
should give time to the Govt. to implement the Minister’s assurances given as
per the direction of the Prime Minister and honour its commitment given to NJCA
leaders. NJCA taking a stand that we don’t believe the Ministers and their
assurance and shall go ahead with the strike, may not be taken in good spirit
by the general public and the media. In case the Govt. backs out from its
assurances, the NJCA has got every right to revive the deferred indefinite
strike.
Com. Shiva
Gopal Mishra, Convenor, NJCA has made it clear in the circular issued on 7th July
2016, which reads as follows: -
“Though
there is positive assurance from the Govt. of India, but all of you will not
take rest and assume counseling the cadre and ground staff that they should
remain in full preparedness, because if there will not be SATISFACTORY OUTCOME,
we will be having no alternative except to agitate the issues again.”
6. WHAT
ABOUT PARITY IN PENSION? WILL IT BE IMPLEMENTED AS THERE IS A CLAUSE IN THE
GOVT DECISION THAT THE PROPOSED COMMITTEE WILL EXAMINE THE FEASIBILITY OF
IMPLEMENTATION OF THE OPTION No I, ie PARITY IN PENSION TO PAST PENSIONERS
This
issue was raised before the Group of Minister by Com. K. K. N. Kutty, who is
also the Secretary General of NCCPA (National Co-ordination Committee of
Pensioners Associations). It was pointed out to the Finance Minister that even
though the Govt. has decided to accept 7th CPC recommendation
to have two options to pensioners, it is qualified with the words “subject to
feasibility.” The Finance Minister categorically assured the delegation that
the Govt. has accepted the recommendations in toto and the Pension Department
has only been asked to sort out the difficulties in implementation of the
Option-No-I, if any.
7. JUST LIKE
THE ISSUES OF SALARY HIKE, FITMENT FORMULA OR PARITY OF PENSION, THE ISSUE OF
NPS IS COMMON TO ALL CENTRAL GOVT. DEPARTMENTS. IN SPITE OF THAT, THIS ISSUE
APPEARS TO BE LESS HIGHLIGHTED. I REPRESENT A UNIT WHERE 80% OF THE EMPLOYEES
BELONG TO NPS AND ALL OF US ARE AWARE OF THE PROS & CONS OF THE SCHEME AND
WE ARE REALLY CONCERNED ABOUT OUR FUTURE
The problem of NPS employees are well taken care of
by the NJCA. Please see the Press Statement issued by NJCA on 6th July
2016 after taking the decision to defer the strike which is published in
confederation website. The last paragraph reads as follows------- "The
NJCA particularly notes that the Govt. has set up a separate committee for
reviewing the New Pension Scheme, which has been a matter of concern to all
employees and workers who are recruited to Govt. services after 01.01.2004."
Please also see the para -12 of the Press Communique issued by the Govt.
through Press Information Bureau immediately after the Cabinet decision on 29th
June 2016 which reads as --------- "Para-12--- The Cabinet also decided to
constitute a separate committee to suggest measures for streamlining the
implementation of New Pension System (NPS)". Cabinet decision is taken as
it is one of the important demand of the Charter of demands of NJCA
submitted to Govt. NJCA shall take follow up action on this particular demand
as all of us are very much concerned about this important demand. This demand
is directly linked to the policy of the NDA Govt. as all of you are aware that
it is the previous NDA Govt. which took a Cabinet decision in 2003 to
implement New Contributory Pension Scheme to Central Govt. Employees from
01.01.2004.
8. WHAT
ABOUR DEMANDS OF THE GRAMIN DAK SEVAKS, AS NJCA IS MORE CONCERNED WITH MINIMUM
PAY FITMENT FORMULA ONLY
Any
increase in the minimum pay and fitment formula for departmental employees
(MTS, Postman & PA) will be extended to Gramin Dak Sevaks also
proportionately as the GDS Pay Scales are decided based on the pay scales of
corresponding category of departmental employees. So, the demand to increase
minimum pay and fitment formula of MTS, Postman and PA is equally important for
GDS also.
As
regards, civil servant status the NJCA has raised this demand before the Govt
and 7th CPC. Even though the 7th CPC Chairman,
Retired Justice Ashok Kumar Mathur has informed the JCM staff side leaders he
will not consider the GDS case as they are not included in the terms of
reference of the Commission, the Chairman gave a very damaging recommendation
to the Govt. that GDS are not Civil Servants but they are part – time employees
and Extra-departmental agents. He further stated that all the GDS are having
another main independent income from another source and GDS job is only a
side-business. NJCA leaders have raised the issue of GDS before the Cabinet
Secretary’s Committee and also before the Group of Ministers. We shall again
raise the issue before the proposed high level committee also. Govt. has
constituted a separate committee for GDS under the Chairmanship of Retired
Postal Board Member Sri Kamalesh Chandra. NFPE, AIPEU-GDS and Confederation has
submitted detailed memorandum before the Committee and Secretary General NFPE
Com. R. N Parashar, General Secretary AIPEU-GDS Com, P. Panduranga Rao along
with other leaders has given evidence before the GDS Committee demanding Civil
Servant status. The GDS committee will submit its report before December 2016.
Further NFPE and AIPEU-GDS has filed a case in the Supreme Court for grant of
Civil Servant status. Supreme Court has transferred the case to Delhi High
Court which in turn transferred it to Principal Bench of Central Administrative
Tribunal, Delhi. The final argument of the case will take place on 25th July
2016. NJCA, Confederation, NFPE and AIPEU – GDS are jointly trying their level
best to get justice to three lakhs Gramin Dak Sevaks of the Postal Department.
If the GDS Committee report is against the GDS, then definitely NJCA and
Confederation will be fully supporting the agitational programmes of NFPE
& AIPEU-GDS including indefinite strike.
The
main hurdle is the policy of the NDA Govt. as the Communication Minister of NDA
Govt. has rejected our demand for grant of Civil Servant status to GDS.
M. KRISHNAN
Secretary General,
Confederation of Central Govt Employees & Workers
Email: mkrishnan6854@gmail.com
Mob: 09447068125
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