Minutes of the 48th Meeting of the National Council (JCM) held on 26.06.2021

Minutes of the 48th Meeting of the National Council (JCM) held on 26.06.2021 – DOPT Order dated 14.07.2021

No.3/4/2021-JCA
Government of India
Department of Personnel & Training
Establishment (JCA) Section
******

North Block, New Delhi-110001.
Dated: 14th July, 2021

To

Shri Shiva Gopal Mishra, Secretary, Staff Side
13-C, National Council (JCM)
New Delhi.

Subject: Minutes of the 48th Meeting of the National Council (JCM) held on 26.06.2021

I am directed to enclose herewith a copy of the Minutes of the 48th meeting of the National Council (JCM) held on 26.06.2021, under the Chairmanship of Cabinet Secretary.

Encl. as above

Yours faithfully,

(S.P. Pant)
Deputy Secretary (JCA)

MINUTES OF THE 48TH MEETING OF THE NATIONAL COUNCIL (NC) OF THE JOINT CONSULTATIVE MACHINERY (JCM) HELD ON 26.06.2021.

The 43th Meeting of the NC, JCM was held on 26th June, 2021 under the chairmanship of Shri Rajiv Gauba, Cabinet Secretary.

List of participants is Annexed.

2. Welcoming the Chairman and the participants, Shri Deepak Khandekar, Secretary (P), stated that the foundation of the scheme of JCM is based on cooperation and harmonious relations between the two sides, and that the dialogue between the two sides is a continuous and ongoing process. He further stated that it was. for this reason that DoPT has issued directions to all Ministries / Departments to hold the meeting of the respective Departmental and the Office Councils once in every four months, and also to revive the Departmental or Office Councils wherever these are not functioning effectively. Secretary (P) also informed about the pro-active role DoPT is playing in ensuring the smooth functioning of the offices, while ensuring the safety and well-being of employees during the COVID-19 Pandemic. He elaborated the measures taken in this regard, such as waiver of biometric attendance, reduced attendance in offices, facility for employees to work from home, especially for Persons with Disabilities (PwDs) and pregnant women, etc.

3. Cabinet Secretary and Chairman, NC, JCM, extended a warm welcome to the representatives of the Staff Side as well as the Official Side. He stated that the JCM is an old & established platform in existence since 1966, for constructive dialogue between the two sides and for resolution of all issues between the Government and the employees. He observed that this meeting was scheduled to be held in May, 2021, but had to be postponed due to the upsurge in COVID-19 cases. The Chairman also noted that informal meetings to discuss various demands of the Staff Side have been continuing in the interval between the 47th and the 48th meeting of NC, JCM . A meeting of the Standing Council of JCM was chaired by Secretary (P) in February, 2021. He observed that the Covid 19 Pandemic is an unprecedented global crisis, and has caused suffering all over the world. The management of the Pandemic is a challenging task for every country in the world and India is no exception. He briefly mentioned the actions taken by the Government in mitigating the hardships faced by the citizens due to the Pandemic and expressed his deep appreciation of the role played by the government employees at all levels in the management of this situation. The Chairman expressed his deepest condolences at the demise of the government employees due to COVID-19, and mentioned that the Government was aware of the hardships being faced by the employees and their families. He referred to various welfare measures taken in this regard, such as full salary to those who could not attend duty due to lockdown or quarantine, free vaccination for all, facility to work from home and a host of other similar measures. On the subject of effective and smooth functioning of the JCM, he expressed his hope that the meetings of Departmental Councils & Office Councils under the JCM are held regularly, and that the issues are resolved harmoniously. He requested all the Secretaries to take personal interest to come up with solutions to the demands of the Staff Side, and hoped that the 48th meeting would be conducted m an exemplary manner, and in the right sprit of the JCM mechanism.

4. This was followed by opening remarks of Shri M. Raghavaiah, Leader, Staff Side, and Shri Shiv Gopal Mishra, Secretary, Staff Side.

4.1 Shri M Raghavaiah, Leader, Staff Side extended his warm welcome to the Chairman, NC and other senior officers, present in the meeting . Thanking the Chairman for holding the 48th Meeting of the NC, in spite of the COVID-19 Pandemic, he appreciated the continuous efforts of the Government in maintaining harmonious relationship between the two sides, and for the Government’ s efforts to deal with all the problems of the employees by holding dialogue. Thereafter, Leader, Staff Side made the following points: –

(i) Over 2800 deaths of employees have occurred in the CCVID- 19 Pandemic, which is unfortunate .

(ii) Chairman, Railway Board has held a detailed discussion with the Staff Side in June, 2021 at the meeting of the Departmental Council.

(iii) Issue of the pending Arbitration Awards need s to be closed expeditiously, regarding which a letter dated 05.03.2021 has been written by the Secretary, Staff Side to the Chairman , NC.

(iv) There should be greater efforts by the Ministries/ Departments for filling up the vacancies based on the requirements , especially in the Ministry of Railways and Ministry of Defence.

(v) The pre-2004 pension issues should be resolved early and the D/o P&PW OM in this regard should be relaxed to facilitate their requirements.

(vi) The date of giving effect to the MACP Scheme may be revised with prospective effect.

(vii) The issue of releasing the freeze of DA / DR needs to be tackled on top most priority.

(viii) The ceiling imposed on Night Duty Allowance should be removed urgently, especially in the case of railway employees.

(ix) The decisions taken in the last NC, especially on the points which the Chairman had agreed, need to be implemented without further delay.

4.2. Shri Shiv Gopal Mishra, Secretary, Staff Side, in his remarks, made the following points :

(i) The decision of the Government to corporatize the Ordnance Factories has caused great anguish in the employees and needs to be immediately rolled back.

(ii) Having contributed more than Rs.40,000 Crore to the COVID-19 Pandemic effort by foregoing the DA/ DR, Government employees are expecting considerate treatment from the Government in terms of getting arrears of the same.

(iii) There is need to hold the meeting of the JCM Departmental and Office Councils regularly, especially in MoD, Posts, and many other organizations, for which due directions may be issued by the Chairman.

(iv) The decision taken in the last meeting of NC to enhance the Deposit Linked Insurance Scheme in GPF, but for which no action has so far been taken, may be acted upon immediately.

(v) Regularization of the legal time period in industrial establishments and factory of FR(J)(i) and Rule 48 of CCS Pension Rules, 1972, because it has been largely misused, to be expedited.

(vi) D/ o P&PW OM dated 19.07.2017 concerning the issue of family pension need s a review vis-a-vis the case of divorcee daughter after the death of father/ mother with special consideration.

(vii) The issue of relaxing the limit of 3 years for consideration for compassionate appointments may be considered.

(viii) The problem faced by employees appointed in 2003 exam but joined later in 2004 not being eligible for the Defined Pension Scheme may be solved.

(ix) Decision given by Courts in important cases should be treated as in rem and not in personam to avoid litigation in Government.

(x) Increase in manpower, particularly in Railways and Defence, in view of increased work may be considered.

(xi) There is need for an Employee Charter to ensure timely disposal of grievances of the central Government employees.

(xii) Over 1800 railway employees have died in the COVID-19 Pandemic and more than 1,56,000 got infected , but the railways have provided uninterrupted essential services during the Pandemic, in terms of supply of essential commodities, oxygen trains and similar critical activities, in light of which railway workers should be declared as Frontline Workers, and given due recognition .

4.3 Shri C. Srikumar, representative of MoD, Staff Side, also made certain observations regarding the decision of the Government to corporatize the ordnance factories. He stated that the 07 corporation s created after the decision may not be viable, which will have an impact on national security as well as on the employees. He urged the Government to recognize the work put in by the ordnance factory employees du ring the fight against the COVID-19, in terms of PPE kits and necessary equipment etc. He requested the Government to reconsider this decision.

5. Thereafter, the agenda points were taken up. The discussion & decisions taken is summed up in the following paragraphs.

5.1. Item No. NC-47/13/19: Reimbursement of expenses in indoor treatment to pensioners living in Non-CGHS towns.

5.2 Item No. NC-47 / 16/ 19: Grant of Medical Advance to the Central Govt. Employees.

5.3. Item No. NC-47/17/19: Reimbursement of additional charges paid on account of overstay in the hospitals.

5.4. ITEM NO. NC-47/27/19: Hospital Patient Care Allowance (HPCA) for Central Government employees working in hospitals.

5.5. Grant of Recognition to all employee organizations fairly and transparently, restore function of the Departmental and Office Councils in terms of the JCM scheme.

5.6. Item No. NC-48 /1/21: Settlement of the following COVID-19 related Items

5.7 Item No. NC-48/2/21: Evolve a Health Insurance Scheme for all employees and pensioners to cover all pensioners, who are outside the ambit of CGHS.

5.8. Item No.NC-48/3/21: Take steps to revive all PSUs which are either closed down or privatized, which are capable of manufacturing vaccine in the background of the acute shortage of vaccine and oxygen units.

5.9. Item No. NC-47/5/19: GPF for those who have been recruited on or after 1.1.2004.

5.10. Item No. NC-48/4/21: Introduction of Productivity Linked Bonus (PLB) in place of ad hoc Bonus: raising the minimum ceiling for the purpose of payment of Bonus to Rs. 18000/ – in accordance with 7th CPC.

5.11 Item No. NC-48/5/21: Revision of the Central Govt. Employees Group Insurance Scheme (CGEGIS)

5.12. Item No. NC-48/6/21: Withdrawal of orders of DA/ DR freeze (DoE).

5.13 Item No. NC-48/7/ 21: Central Government Employees may be granted one more option to switch over to 7th CPC, from a date subsequent to 25th July 2016

5.14 Item No. NC-48/8/21: Settle all 7th CPC Anomalies represented by the Staff.

5.15 Item No.NC-48/9/21: Grant of Compassionate Allowance to the widows of Employees dismissed/removed from service. (D/o P&PW).

5.16 Item No. NC-48/10/21: Withdrawal of NPS and restoration of Defined Pension Scheme under the CCS(Pension) Rules, 1972 to the employees who are recruited on or after 1.1.2004 at par with the Armed Forces Personnel.

5.17 Item No. NC-47/7/19: Exempt Transport / Running Allowance from Income-Tax.

5.18 Item No. NC-47/ 36/ 19: Exemption from payment of Income Tax to Pensioners who have attained age of 80 years or more.

5.19 Item No. SC/1/21: Policy formulation for direct appointment of Trained Trade Apprentices of Central Government Industrial Establishments like Railways, Defence etc. as per the amended provisions of Section 22 of The Apprentices Act, 1961.

5.20 Item No. NC-48/11/2: Withdraw the decision to corporatize the Railway Production Units and Ordnance Factories

5.21 Item No. NC-48/12/21: Grant of Gazetted Status to Senior Section Engineers ( SSEs) of Ministry of Railways.

5.22 Item No. NC-48/ 19/ 21: Grant of Night Duty Allowance (NDA) in 7th CPC Pay scale without any basic pay ceiling limit.

6. Thereafter, due to paucity of time, it was agreed with the permission of the Chair, that 07 agenda items, which mostly pertain to DoPT, would be discussed in a separate meeting by the Secretary {P) with Staff Side, as per mutual convenience, in the coming fortnight .

The items are as follows:

1) Item no. NC-47/4/19 – JCM Coverage ,
2) Item No. NC-47/ 31/ 19 – Litigation cases on service matters,
3) Item No. NC-48/13/21 -Eradication of injustice to Casual, Contract and Outsourced workers: providing them the right to form a union in terms of Article 19 l(c) of the Constitution of India,
4) Item No. NC-48/ 15/ 21-Fill up all vacant posts in all grades,
5) Item No. NC-48/ 16/ 21 – Grant of 5 (five) effective upgradations to all Group B & C employees in entire service life,
6) Item No. NC-48/ 17/ 21 – Undertake cadre review of all Groups – B&C Cadres in every five years before the cadre review of Group A Cadres (DoPT and DoE),
7) Item No. NC-48/ 18/21- Grant of Risk Allowance to the Employees involved in permanent and perennial recognized Risk Operations (DoPT, DoE and M / o Railways).

The meeting ended with a vote of thanks to all the participants.

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