NJCA Resolution Against the Inordinate Delay In Honouring The Commitment Made By The Govt

The NJCA will again meet on 18.08.2018 to finalize the future course of action in the matter of Indefinite Strike which was deferred on 06.07.2016.

National Joint Council of Action
4, State Entry Road New Delhi — 110055

No.NJCA/2018

Dated: July 3, 2018

Dear Comrades,

The NJCA met today and took note of the inordinate delay in honouring the commitment made by the Government on 30th June, 2016 in respect of Minimum Wage, Fitment Formula, Scrapping the New Contributory Pension Scheme, Option No.1 to Pensioners, outsourcing, regularization of contract/casual workers, JCM revival etc.

At the end of the deliberations it was decided to adopt a resolution and forward the same to the Government.

Copies of the Resolution and letter to the Cabinet Secretary are enclosed herewith, which are self-explanatory.

The NJCA will again meet on 18.08.2018 to finalize the future course of action in the matter of Indefinite Strike which was deferred on 06.07.2016.

Comradely yours,

S/d,
(Shiva Gopal Mishra)
Convener

Enclosure: Resolution


National Joint Council of Action
4, State Entry Road New Delhi — 110055

No.NJCA/2018

Dated: July 3, 2018

Cabinet Secretary,
Government of India,
Rashtrapati Bhawan Annexe,
New Delhi-110001

Dear Sir,

The NJCA of the organizations, participating in the JCM, met today and adopted the enclosed resolution.

The NJCA was extremely unhappy to note that the government did not honour its commitment made to the leaders of the organizations when they met the Hon’ble Home Minister and Finance Minister in the presence of the then Railway Ministers on 30.06.2016 on the basis of which the Indefinite Strike which was to commence on 11.07.2016 was deferred.

The reply to a question asked by Shri Neeraj Shekhar in the Upper House of the Parliament(Rajya Sabha) given by Hon’ble Minister of State for Finance, Shri P. Radha Krishnan, on 06.03.2018 Minister, which is reproduced below, has further angered the Central Government employees.

“Question of Shri Neeraj Shekhar(1170)

(a) Whether Government is actively contemplating to increase minimum pay from Rs.18,000/- to Rs.21,000/-. and fitment factor from 2.57 to 3, in view of resentment among the Central Government employees over historically lowest increase in pay by 7th Central Pay Commission (CPC);

(b) If so, the details thereof and the date from which it would be implemented; and

(c) If not, the reasons for the callous attitude of Government towards Government Employees?”

Answer

MINISTER OF STATE FOR FINANCE( SHRI P RADHAKRISHNAN )

“(a),(b)&(c ) – The minimum Pay of Rs.18,000/- p.m. and fitment factor of 2.57 are based on the specific recommendations of the 7th Central Pay Commission in the light of the relevant factors taken into account by it. Therefore, no change therein is at present under consideration”.

The NJCA has decided to meet again on 18.08.2018 to consider the response, if any, from the government to this letter and to the enclosed resolution.

In case of the continuing negative attitude of the government, the NJCA will be left with no other alternative but to revive the decision of Indefinite Strike action, which was deferred on 06.07.2016 on the basis of the assurance given by the Group of Ministers on 30.06.2016.

Sincerely yours,
S/d,
(Shiva Gopal Mishra)
Convener


National Joint Council of Action
4, State Entry Road New Delhi – 110055

RESOLUTION

The National JCA, which met today (03.07.2018) at New Delhi as per the notice issued by the Convenor, after deliberations, came to the painful conclusion that the government had been unfortunately indulging in chicanery for the past two years by not honouring their commitment made to the NJCA leaders on 30.06.2016. The NJCA which was formed to pursue the demands and issues of the Central Government Employees especially those emanating from the recommendations made by the 7th CPC in the matter of Wage Revision, New Pension Scheme etc. had deferred the Indefinite Strike action, which was to commence from 11.07.2016, on the solemn announcement held out by the Group of Ministers, consisting of the Hon’ble Home Minister, Finance Minister and the then Railway Ministers. The Govt had categorically stated that they would set up a High Power Committee to look into the matters concerning the upward revision of Minimum Wage Fitment Formula etc. with a direction to submit its report within four months. The NJCA had made reasoned submissions as to the fallacy of the computation of Minimum Wage made by the 7th CPC.

The meeting further noted that the report of the committee, set-up by the Government under the Chairmanship of the Secretary, Pension, to look into the grievances of the employees and officers over the newly introduced Contributory Pension Scheme in place of the existing Defined Benefit Pension Scheme, has been kept pending by the Government without taking any action whatsoever, thereby denying the benefit of Defined Benefit Of Pension to the employees recruited on or after 1.1.2004.

The meeting also noted that, rejection of Option No.1, recommended by the 7th CPC, to the Pensioners on the specious ground that the said recommendation was not feasible to be implemented, was nothing but denial of legitimate parity between the past and present Pensioners.

The meeting noted with deep concern and anguish that the government has virtually closed down the doors of negotiation by not convening the meeting of the National council JCM for the past 8 years.

The meeting in the above circumstances and given the totally nugatory attitude of the government has decided to revive the Indefinite Strike action, which was deferred on 30.06.2016, immediately and call upon the Central Government employees to prepare themselves for an otherwise inevitable show down. The meeting noted that the government had been dillydallying the issue for the past two years. The meeting desired that the government must immediately address the following issues and bring about negotiated settlement thereof without any further delay.

a) Upward Revision of Minimum Wage and Fitment Formula
b) Scrapping the New Contributory Pension Scheme.
c) Allow Option No.1 as one of the Pension Fitment Formula.

The meeting has directed the Convenor to bring to the notice of the Cabinet Secretary and through him the government the resentment and discontent of the employees and await their response up to 07.08.2018 and put into operation the decision to revive the decision of Indefinite Strike action immediately, thereafter, in case no negotiated settlement is brought about on the various demands included in the Charter of Demands

S/d,
(Shiva Gopal Mishra)
Convener

Charter of Demands

1. Settle the demands raised by NJCA regarding modifications of 7th CPC recommendations as submitted in the memorandum to Cabinet Secretary on 10th December 2015. (See Annexure-I). Honour the assurance given by the Group of Ministers to NJCA on 30th June 2016 and 6th July 2016, especially increase in minimum wage and fitment factor. Grant revised HRA at the existing percentage itself i.e. 30%, 20% and 10%. Accept the proposal of the staff side regarding Transport Allowance. Settle all anomalies arising out of implementation of 7th CPC recommendations, in a time bound manner.

2. Implement option-I recommended by 7th CPC and accepted by the Government regarding parity in pension of pre-2016 pensioners, without any further delay. Settle the pension related issues raised by NJCA against item 13 of its memorandum submitted to Cabinet Secretary on 10th December 2015. (See Annexure-I).

3. Scrap PFRDA Act and New Pension System (NPS) and grant pension and Family Pension to all Central Government employees recruited after 01.01.2004, under CCS (Pension) Rules 1972.

4. Treat Gramin Dak Sewaks of Postal department as Civil Servants, and extend all benefits like pay, pension, allowances etc. of departmental employees to GDS. Publish GDS Committee report immediately.

5. Regularise all casual, contract, part-time, contingent and Daily rated mazdoors and grant equal pay and other benefits. Revise the wages as per 7th CPC minimum pay.

6. No Downsizing, Privatisation, outsourcing and contractorisation of Government functions.

7. Withdraw the arbitrary decision of the Government to enhance the bench mark for performance appraisal for promotion and financial upgradations under MACP from “GOOD” to VERY GOOD” and also decision to withhold annual increments in the case of those employees who are not able to meet the bench march either for MACP or for regular promotion within the first 20 years of service. Grant MACP pay fixation benefits on promotional hierarchy and not on pay-matrix hierarchy. Personnel promoted on the basis of examination should be treated as fresh entrants to the cadre for grant of MACP.

8. Withdraw the draconian FR 56 (J) and Rule 48 of CCs (Pension) Rules 1972 which is being misused as a short cut as purity measure to punish and victimize the employees.

9. Fill up all vacant posts including promotional posts in a time bound manner. Lift ban on creation of posts. Undertake cadre Review to access the requirement of employees and their cadre prospects. Modify recruitment rules of Group-‘C’ cadre and make recruitment on Reginal basis.

10. Remove 5% ceiling on compassionate appointments and grant appointment in all deserving cases.

11. Grant five promotions in the service carreer to all Central Govt. employees.

12. Abolish and upgrade all Lower Division Clerks to Upper Division Clerks.

13. Ensure parity in pay for all stenographers, Assistants, Ministerial Staff in subordinate offices and in all organized Accounts cadres with Central Secretariat staff by upgrading their pay scales. Grant pay scale of Drivers in Loksabha Secretariat to Drivers working in all other Central Government Departments.

14. Reject the stipulation of 7th CPC to reduce the salary to 80% for the second year of Child Care leave and retain the existing provision.

15. Introduce Productivity Linked bonus in all department and continue the existing bi-lateral agreement on PLB wherever it exists.

16. Ensure cashless medical treatment to all Central Government employees & Pensioners in all recognized Government and Private hospitals.

17. Revision of Overtime Allowance (OTA) and Night Duty Allowance (NDA) w.e.f 01.01.2016 based on 7th CPC pay scale.

18. Revision of wages of Central Government employees in every five years.

19. Revive JCM functioning at all levels. Grant recognition to the unions/Associations under CCS (RSA) Rules 1993 within a time frame to facilitate effective JCM functioning.

20. Implementation of the Revised Pay structure in respect of employees and pensioners of autonomous bodies consequent on implementation of CCS (Revised Pay) Rules 2016 in respect of Central Government employees and pensioners w.e.f. 01.01.2016.

21. Implementation of the “equal pay for equal work” judgement of the Supreme Court in all departments of the Central Government.

Source: Confederation 

Don’t miss the following articles which highlight more about the resolutions taken by the NJCA in the past

7th pay Commission Minimum Pay and Fitment Factor – NJCA writes to Cabinet Secretary again

No progress in 7th Pay Commission Minimum Pay and Fitment Factor Demand – NJCA Meeting

7th Pay Commission – After higher Allowances and Pensions, NJCA to negotiate Minimum Salary of Central Govt Employees

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