National Federation of Atomic Energy Employees NFAEE DEPARTMENT OF ATOMIC ENERGY Regn.No.17/9615 Recognised by DAE vide DAE OM No. 8/1/2007 – IR&W/95 dated 13th June 2007 NFAEE OFFICE, Opp: NIYAMAK BHAVAN, Anusaktinagar, Mumbai 400 094 Web site: www.nfaeehq.blogspot.com; Email address: nfaee@yahoo.com

Ref.No: nfaee/sg/15/04                                                            13.01.2015

Sub: MACP ON PROMOTAIONAL HIERARCHY

To 

The All Affiliates

NFAEE

Dear Comrades,

        The latest information about the SLPs filed by the Government of India against the lower court directive on MACP in Grade Hierarchy id given below:

HEARING ON SLP NO 21803/2014-UNION OF INDIA & ORS Vs M V MOHANAN NAIR- IS LIKELY TO BE LISTED ON 20/01/2015. 

SLPs OF BABU RAM, RETA DEVI & DHIRENDER SINGH, WHICH ARE CONNECTED WITH THE SLP OF MOHANAN NAIR, ARE NOT LISTED YET.

THUS THE HEARING ON THE SLP OF SHRI MOHAN NAIR MAY BE SHIFTED FURTHER.

SUPREME COURT OF INDIA

CASE STATUS: PENDING

Status of: Special Leave Petition (Civil) 21803 OF 2014

UNION OF INDIA & ORS. Vs. M.V. MOHAN NAIR

Pet. Adv.: MR. B.V. BALRAM DAS   Res. Adv.: MR. C.K.SASI

Subject Category: MATTERS RELATING TO JUDICIARY- MATTERS PERTAINING TO EMPLOYEES OF DISTRICT COURTS AND TRIBUNALS

Listed 2 times earlier                                                   Likely to be Listed on: 20/01/2015

We have been submitted the documents to the Advocate G. Prakash of Supreme Court to prepare our petition to intervene the said matter in Supreme Court.

Once the draft prepared a team of the NFAEE representatives will interact with the Advocate and finalise our petition for intervention and move the same in the Supreme Court in appropriate time.

This is for information to all affiliates to convey the message to those MACP affected employees came forward to become party in the intervention application.

In the meantime once again appeal to all affiliates to update their list of affected employees and if any left candidates are there in the respective units, their name may be added in the list after completing formalities such as filling the application, remitting the amount for legal fund, etc.

With fraternal greetings

Comradely yours,

(Jayaraj KV)

Secretary General

Address for Correspondence: Jayaraj. KV, Secretary General, NFAEE

PESS/UED; BARC, Trombay, Mumbai 400 085

Tel. No: (O): 022 – 2559 6519; (Res): 022 – 25554179; (Mobile): 9869501189

Email Address: nfaee@yahoo.com, jrajkv@yahoo.com

CAN’T RECOVER EXCESS SALARY PAID TO

CLASS III, IV STAFF

………SUPREME COURT

Recovery of excess amount paid to Class-III and Class-IV employees due to employer's mistake is not permissible in law, the Supreme Court has ruled saying that it would cause extremely harsh consequences to them who are totally dependent on their wages to run their family.

The apex court said employees of lower rung service spend their entire earning in the upkeep and welfare of their family, and if such excess payment is allowed to be recovered from them, it would cause them far more hardship, than the reciprocal gains to the employer.

A bench of JS Khehar and Arun Mishra also directed that an employer cannot recover excess amount in case of a retired employee or one who is to retire within one year and where recovery process is initiated five years after excess payment.

"We are therefore satisfied in concluding, that such recovery from employees belonging to the lower rungs (i.e., Class-III and Class-IV - sometimes denoted as Group 'C' and Group 'D') of service, should not be subjected to the ordeal of any recovery, even though they were beneficiaries of receiving higher emoluments, than were due to them. Such recovery would be iniquitous and arbitrary and therefore would also breach the mandate contained in Article 14 of the Constitution," Justice Khehar, who wrote the judgment said.

It said that the employer's right to recover has to compared, with the effect of the recovery on the concerned employee and if the effect of the recovery from the employee would be, more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer, which would then make it iniquitous and arbitrary, to effect the recovery.

"In such a situation, the employee's right would outbalance, and therefore eclipse, the right of the employer to recover," the bench said.

The bench passed the order on a petition filed by Punjab government challenging Punjab and Haryana high court order restraining it to recover the excess amount paid by mistake to numerous employees over the years.

The direction was given in the Civil Appeal No. 11527 and other similar appeals of 2014 aroused out of SLP ( C) No 11684 of 2012 -  State of Punjab and others Vs Rafiq Masih and others.

It said we may, as a ready reference, summarize the following few situations, wherein recoveries by the employers, would be impermissible in law:

(i)                Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service).

(ii)              Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.

(iii)            Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.

(iv)             Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.

(v)               In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover.

The court said a government employee is primarily dependent on his wages, and such deduction from salary should not be allowed which would make it difficult for the employee to provide for the needs of his family and any recovery must be done within five years.

In this case, the employees were given monetary benefits in excess of their entitlement due to a mistake committed by a concerned competent authority, in determining the emoluments payable to them.

National Federation of Atomic Energy Employees NFAEE DEPARTMENT OF ATOMIC ENERGY Regn.No.17/9615 Recognised by DAE vide DAE OM No. 8/1/2007 – IR&W/95 dated 13th June 2007 JCM Office, Brindavan, Anusaktinagar, Mumbai 400 094 Web site: www.nfaee.blogspot.com ; Email address: nfaee@yahoo.com

Ref. No: nfaee/14/192                                                              22.12.2014

To

All Affiliates

NFAEE

Dear Comrades,

A brief not on all India Convection of Central Government Employees held on 11th December 2014 is given below:

NATIONAL CONVENTION OF CENTRAL GOVERNMENT EMPLOYEES 11.12.2014, NEW DELHI

DECIDE TO ORGANISE INDEFINITE STRIKE

As per the decision of the JCM National Council Staff Side, a massive National convention of all Central Government Employees including Railways, Defence and Confederation was held at MPCU Shah Auditorium, New Delhi on 11.12.2014. About 800 delegates from various parts of the country participated.

Convention was presided by Com. Rakhal Das Gupta (AIRF) Shri Guman Singh (NFIR) Com. S. N. Pathak (AIDEF) Shri Ashik Singh (INDWF) Com. K. K. N. Kutty (Confederation), Com. GiriraJ Singh (NFPE) and Shri Devendera Kumar (FNPO).

Com. M. Raghavaiah, Leader, JCM NC Staff Side & General Secretary, NFIR delivered his opening address. Com. Shiv Gopal Mishra, Secretary, JCM NC Staff Side & General Secretary, AIRF presented the draft declaration and also addressed the delegates. In addition to the leaders mentioned above Com. S. K. Vyas (Advisor, Confederation) Com. C. Sree Kumar (Secretary General, AIDEF) Shri. R. Srinivasan (Secretary General, INDWF) Com. M. Krishnan (Secretary General, Confederation), Com. R. N. Parashar (Secretary General, NFPE) also addressed the convention. Com. K. K. N. Kutty, president, Confederation summed up the deliberations. The declaration presented was adopted unanimously with certain modifications. The charter of demands and programme of action was also approved by the convention unanimously.

Programme of action declared by the convention is given below:

PROGRAMME OF ACTION

v ORGANISE STATE/DISTRICT/DIVISIONAL LEVEL CONVENTION TO POPULARIZE THE DECLARATION BEFORE FEBRUARY 2015

v TO ORGANISE MASSIVE DHARNA/ RALLY AT ALL STATE CAPITAL/ MAJOR  DEFENSE CENTERS JOINTLY BY ALL  PARTICIPATING UNIONS IN MARCH 2015

v TO ORGANISE CAMPAIGN FORTNIGHT THROUGH OUT THE COUNTRY IN THE FIRST TWO WEEKS OF APRIL 2015.

v TO ORGANISE RALLY BEFORE THE PARLIAMENT HOUSE IN THE MONTH OF APRIL WHEN THE HOUSE WILL BE IN BUDGET SESSION TO DECLARE THE DATE FOR THE COMMENCEMENT OF INDEFINITE STRIKE ACTION AND THE PROGRAMME AND DATE OF SERVING STRIKE NOTICE

The demands adopted in the Convention are given below:

CHARTER OF DEMANDS

Ø Effect wage revision of Central Government Employees from 1.1.2014 accepting the memorandum of the staff side JCM; ensure 5- year wage revision in future; grant interim relief and merger of 100% DA. Ensure submission of 7^th CPC report with the stipulated time frame of 18 months; including Grameen Dak Sewaks within the ambit of the 7^th CPC. Settle all anomalies of 6^th CPC.

Ø No Privatisation, PPP or FDI in Railways and defence establishments and no corporatisation of postal services.

Ø No Ban on recruitment/Creation of posts.

Ø Scrap PFRDA Act and re-introduce the defined benefit statutory Pension scheme.

Ø No Outsourcing; Contractorisation, privatisation of Governmental functions; withdraw the proposed move to close down the printing presses; the publication, form store and stationary departments and Medical Stores depots; regularize the existing daily rated/casual and contract workers and absorption of trained apprentices.

Ø Revive the JCM functioning at all levels and an effective negotiating forum for settlement of the demands of CGEs.

Ø Remove the arbitrary ceiling on compassionate appointments.

Ø No labour reforms which inimical to the interests of the workers.

Ø Remove the Bonus ceiling.

Ø Ensure 5 promotions in the service career.

6 delegates from NFAEE and its affiliated organizations were attended in the convention.

Jayaraj KV

Secretary General

NFAEE

Address for Correspondence: Jayaraj. KV, Secretary General, NFAEE

PESS/UED; BARC, Trombay, Mumbai 400 085

Tel. No: (O): 022 – 25596519; (Res): 022 – 25554179; (Mobile): 9869501189

Email Address: nfaee@yahoo.com, jrajkv@yahoo.com

RAJYA SABHA QUESTION ON 7th PAY COMMISSION

RAJYA SABHA QUESTION ON 7^th PAY COMMISSION

GOVERNMENT OF INDIA

                                                     MINISTRY OF FINANCE     

                                                            

RAJYA SABHA

              

QUESTION NO 230

ANSWERED ON 25.11.2014

7th Pay Commission

230 SHRI SHANTARAM NAIK

Will the Minister of FINANCE be pleased to satate :-a) the details of meetings, the 7th Pay Commission has taken so far and the items/issues discussed till date;

b) the States, visited, by the Commission if any till date and the States which the Commission proposes to visit;

c) whether the Commission proposes to take the views of the State Governments as regards their pay-scales since invariably, most of the States adopt the Central Pay Commission reports;

d) whether Commission proposes to submit any interim report;

e) whether the Commission proposes to make any recommendations to bring in financial transparency; and
f) if so, the details thereof?

ANSWER

SHRI JAYANT SINHA
MINISTER OF STATE IN THE MINISTRY OF FINANCE

(a)&(b): The 7th Central Pay Commission is required to make its recommendations on its Terms of Reference. Also, the Commission is to devise its own procedure. The Commission’s Terms of Reference do not enjoin upon it to keep the Government updated on its functioning and the procedure being followed by it during the course of its deliberations. 

(c ): The Terms of Reference of the Commission provide that the Commission will make its recommendations, keeping in view, inter alia, the likely impact of the recommendations on the finances of the State Governments, which usually adopt the recommendations with some modifications.

(d)to(f): The Commission is required to submit its report on its Terms of Reference. However, no Report, including any interim one, has so far been submitted by the Commission.

Retirement age issue echoes in Parliament

Revision of retirement age topic echoes also in Parliament today. Dopt Minister replied in a written form to a question asked by the members of Sardar Sukhdev Singh Dhindsa, Dr.T.Subbarami Reddy and Smt. Ambika Soni in Rajya Sabha today. Minister said that there is no proposal under consideration of Government to reduce the retirement age from 60 to 58 years for its employees.

NC Staff Side JCM writes to Cabinet Secretary to convene

a meeting of National Council JCM

The procrastinated discussions in the National Anomaly Committee did not proceed to settle any tangible anomaly item. Even after reaching agreement, the government has refused to issue orders on some issues. This apart, the demands raised by the Staff Side for grant of Interim Relief and Merger of DA with Pay have been refused by the government. 

National Council Staff Side Secretary JCM writes to Cabinet Secretary to organize a JCM meeting. Reproduction of the letter is given below for your information…

Shiva Gopal Mishra

Secretary

National Council (Staff Side)

Joint Consultative Machinery

for Central Government Employees

13-C, Ferozshah Road, New Delhi – 110001

E-Mail : nc.jcm.np@gmail.com

No.NC/JCM/2014                                                                    Dated: December 16, 2014

The Cabinet Secretary,

(Government of India),

Cabinet Secretariat,

Rashtrapati Bhawan,

New Delhi

Dear Sir,

Sub: Functioning of Joint Consultative Machinery

Since assuming charge of Secretary (Staff Side), National Council (JCM), I have repeatedly demanded to convene a meeting of the National Council (JCM). It is, however, regretful to point out that, despite all out efforts made by me and requesting you in person to hold the meeting, no meeting of the NC/JCM has been convened till date.

It may be appreciated the Joint Consultative Machinery (JCM) at the National level, conceived as an effective Negotiating Forum, has virtually become defunct as no meeting of this forum has been held during the last four years, with the result that, a number of major grievances of the Central Government employees continue to remain unresolved, because of which they are badly agitated.

The procrastinated discussions in the National Anomaly Committee did not proceed to settle any tangible anomaly item. Even after reaching agreement, the government has refused to issue orders on some issues. This apart, the demands raised by the Staff Side for grant of Interim Relief and Merger of DA with Pay have been refused by the government. One of the vital segments of the Central Government Employees, i.e. Grameen Dak Sewaks of the Postal Department, are kept outside the ambit of the 7th CPC. Unilateral decisions were taken to induct FDI in the Railways, Privatize the Railway and Defence Production Units; closure of the Printing Presses, Publication and Stationery Departments; contractorise the medical store functions; corporatize the Postal Organization and outsource various governmental functions.

Under these circumstances, all the constituents of the National Council (JCM)(Staff Side) had to hold a “National Convention” on 11th December, 2014 in New Delhi, wherein after detailed deliberations and taking stock of the situation, a detailed programme of struggle has been chalked-out. In case there is no positive response from the Official Side, it will ultimately lead to indefinite strike.

A copy of the Declaration of the above-mentioned Convention is enclosed herewith, which is self explanatory. We do fervently hope that negotiation is possible even at this late stage and would therefore urge upon you to take concrete steps in that direction. We also hope that you will be able to appreciate that any decision of the government which affects the job security of the employees adversely need to be discussed and agreement reached at the JCM Forum.

I would, therefore, request you to personally intervene in the matter, being the Chairman of the National Council (JCM), so as to avoid serious unrest and disturbance to industrial peace in the Central Government Services and hold discussions with the Staff Side, NC/JCM on these vital issues at your earliest.

sd/-

(Shiva Gopal Mishra)

Encl: As above

Copy to: All Constituents of National Council (JCM), for information.