NC–JCM Standing Committee meeting on pay anomaly, NPS, MACP and other issues

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001

No.Nc-JCM-2021/SC

February 26, 2021

To

All the Member of Staff Side of
The National Council JCM

Dear Comrades,

As already informed to you the meeting of the Standing Committee of the NC–JCM was held today (i.e 26/02/2021) under the Chairmanship of Secretary (Personnel) DOPT. Apart from Additional Secretary DOPT and Additional Secretary Expenditure senior Officials from DOPT, Ministry of Railways, Ministry of Defence, Ministry of Health and Department of Pension were present in the meeting. The Staff Side was represented by Comrades, M. Raghaviah, Shiva Gopal Mishra, N.Kanniah, Guman Singh, C.Srikumar, R.Srinivasan, R.P.Bhatnaga, K.S.Murty, R.N.Parasar. Comrades K K N Kutty and Ch. Sankara Rao, attended the meeting through Video Conference. On behalf of the Staff Side the following important demands were raised by us in the meeting during the introductory remarks.

1. The Government of India without holding any discussion with the Staff Side has arbitrarily decided to Freeze the three Instalment of DA due to the Central Government Employees and three Instalment of DR due to the pensioners for 18 months and that this 18 months increased DA / DR will not be given back to the employees / pensioners. Such type of a decision is taken by the Government for the 1st time. Dearness Allowance is a part of the salary and DR is a part of the pension. This cannot be stopped arbitrarily. We protest against this decision of the Government and demand the DA /DR due from 1/1/2020, 1/7/2020 and 1/1/2021 may please be given in cash to the Central Government Employees and Pensioners immediately since the government is claiming that the economy of the country as considerably increased. Moreover attention is drawn to the recent Judgment of the Hon’ble Supreme Court dated 08/02/2021 where in Supreme Court has observed that salaries and pension are rightful entitlement of the Government employees and Government which has delayed the payment of Salaries and Pension should be directed to pay interest at an appropriate rate. Therefore there is no justification on the part of the government to freeze the DA of the employees and DR of the Pensioners.
2. The National Joint Council of Action of Central Government Employees consisting of all the Constituent Organization of NC-JCM have issued a Notice on 20/01/2021 to the Cabinet Secretary with Copy to the Secretary DOPT for observing an Action Programme Call Attention Day on 01/02/2021. This programme was observed successfully by all the C G E through of the Country. However it is unfortunate that neither the Government has convened any meeting with the Staff Side to discuss the demands nor responded to our letter. We protest against this unhelpful attitude. A meeting may be held with the Staff Side to discuss all the 13 Charter of Demands submitted by us.
3. Once again we are forced to mention here that inspite of the letters being written by the DOPT to the various Ministry and Departments the Departmental Council – JCM Meetings is not taking place. Holding of the JCM meetings at all level should be made statutory. The Secretaries of the Departments being the Chairman of the Departmental Council – JCM, it is a part of their duty to hold the meetings regularly as mandated in the JCM Scheme therefore this matter may be viewed seriously and appropriate remedial action may be taken to ensure regular holding of the Departmental Council JCM meetings
4. Demands raised by the Staff Side in the meetings and after discussion wherever the official side have agreed to examine the case are being rejected without holding any discussion with the Staff side. Recent example is the case of Grant of 3rd MACP in GP Rs.4600 to the MCM of Defence Ministry holding the post as on 31/12/2005 has been rejected by the DOPT in violation of its own clarification and instructions on the subject the Staff side is not convents with the decision of the DOPT. We are once again submitting a detailed note in this regard giving all justification. The matter may be reconsidered by the DOPT. The Staff Side is ready to discuss the matter with DOPT. (a letter dated 25/02/2021 addressed to Additional Secretary DOPT is handed over to the Secretary DOPT and copy on the subject matter was handed over to JS (E) of MOD)
5. The Demand of the Staff Side for restoration of Festival Advance was agreed to be restored in the last meeting. However no decision has been taken yet in the matter we once again demand that one month basic pay of the employee may be granted as festival Advance to be recovered in ten Easy installments.
6. The request made by the staff side for extending the time limit for availing the LTC of the Block year of 2018-20 up to 31/12/2021 so that the employees who have booked their flight tickets and who were not able to travel due to cancellation of flight because of COVID-19 pandemic is not yet considered by the DOPT / Department of Expenditure. The same may be considered favorably.
7. Two recovery action initiated at the various C.G. Establishments including Railway and Defence has subjected the employees to undue financial hardship. The Night Duty Allowance paid in 6th CPC rates from 01/07/2017 is being recovered from the employees. Similarly the Transport Allowance paid to the employees during the Lock Down period is also being recovered. Both these recoveries action should be stopped and as already demanded by the Staff Side the NDA should be paid to all the employees who ever is deployed on Night Shift duty without any basic pay ceiling.
8. There are certain issues to be addressed by DOPT and Department of Expenditure with regard to LTC Special Package
   • a. The LTC special package benefit is not being extended to the employees recruited from 2012 onwards. The benefit may please be extended to them also
   • b. The condition that the employees should purchase such items avail such facilities which carry a GST rate of not less than 12% should be withdrawn
   • c. The additional burden of expenditure imposed on the employee may be withdrawn
   • d. The time limit for availing this facility may be extended up to 31/12/2021
9. Full reimbursement of the Medical Treatment incurred for COVID-19 treatment availed in the recognized / empanelled hospital may be ensured. The accounts /Audit Authorities are disallowing a major portion of the Expenditure. This may be looked into
10. The Demand of the Staff Side for payment of compensation to the employees who died out of COVID_19 infection and immediate grant of Compassionate Appointment to the dependent is not yet considered by the Govt. This request may be consider favorably by the Government
11. In violation of the DOPT instructions under FR 17 (a) the employees who participated in a legal strike in the industrial Establishments under Ministry of Defence are being imposed with dies-non. Dies-non can be imposed only if the strike is declared illegal by the Labour Court. In a similar case the CGHS employees approached Delhi High Court and the high Court has ruled that dies-non cannot be imposed. Only the principle of no work no pay can be imposed. The Ministry of Health have implemented the Judgment to the CGHS employees same benefit may be extended to the Defence Employees who participated in a legal strike. A reference of the MOD in this regard is pending with Ministry of Health. This issue needs to be settled since the employees are subjected to unnecessary hardship.

Responding to the above points raised by the Staff Side Secretary DOPT assured that the points would be considered by the concerned Departments and if required separate meetings would be held with the Staff Side there after discussion took place on the Action Taken Report of the 28 Agenda Points discussed in the Standing Committee meeting held on 07/03/2019. The decisions taken on the 28 Old Agenda Points are given at 

Read: Decisions taken on the 28 agenda points at NC–JCM Standing Committee meeting on 26/02/2021