Brief report on the issues raised by the Staff Side in the Standing Committee meeting of the National Council – JCM held on 20/09/2023

Brief report on the issues raised by the Staff Side in the Standing Committee meeting of the National Council – JCM held on 20/09/2023 under the Chairpersonship of Secretary (DOPT)

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.jem.np[@]gmail.com

No.NC-JCM-2022/SC

September 20, 2023

To,

All Members of the
National Council (Staff Side)-JCM

Sub:- Brief report on the issues raised by the Staff Side in the Standing Committee meeting of the National Council – JCM held on 20/09/2023 under the Chairpersonship of Secretary (DOPT)

Comrade,

A meeting of the Standing Committee of National Council JCM was held today under the Chairpersonship of Secretary (DOPT). The Staff Side was represented by Comrades Shiva Gopal Mishra (Secretary), M Raghavaiah (Leader), N. Kanniah, Guman Singh, Ch. Sankara Rao, J.R.Bhosle, C.Srikumar, R.Srinivasan, Rupak Sarkar, Tapas Bose, discussions on other than agenda points was initiated by Com. M. Raghavaiah Leader Staff Side and Shiva Gopal Mishra, Secretary Staff Side followed by the other Staff Side Members. On behalf of the Staff Side the following issues were raised

View: Standing Committee meeting of the National Council – JCM held on 20/09/2023 – Outcome of the issues discussed

1. More than 20 lakh Central Government Employees are in NPS. A huge rally on the 10th of August 2023 was held at Ramleela Maidan New Delhi in which more than 3 lakhs of Central & State Government Employees participated demanding for Scrapping of the No Guarantee NPS and to restore the Defined and Guaranteed Old Pension Scheme. The Staff Side once again reiterates its demand that the NPS should be scrapped and the Old Pension Scheme should be restored at the earliest.
2. The office of the Staff Side is receiving innumerable representations on issues which can be sorted out at the Departmental Level itself. Since the Departmental Councils are not functioning and meetings are not taking place, all the issues are referred to our office and we are forced to bring all those issues to your notice. It is therefore essential that the Departmental Council – JCMs should meet regularly in accordance with the JCM scheme and regular meetings at the Departmental Level should be held with the Staff Side so that the National Council — JCM can concentrate on the common issues of Central Government employees. This is a serious matter and hence DOPT may take up the matter with all the Secretaries of the various Ministries and Departments to ensure that the JCM functions effectively in accordance with the spirit of the JCM Scheme.
3. The Meeting of the National Council – JCM is also overdue. The last meeting of the National Council – JCM was held through video conference during 21/06/2021. We request the Cabinet Secretary through you that he may convene the meeting of the National Council JCM at the earliest.
4. Despite High Court orders upheld by Supreme Court for grant of 3rd MACP in GP Rs 4600 to the Master craftsman of MOD who were given 2nd ACP in the Grade pay of Rs.4200, the DOPT have advised the MOD to withdraw the same. All the concerned employees have retired long back and as per DOPT instructions there cannot be any recovery and as per CCS Pension Rules, Pension once fixed cannot be revised downwards other than on penalties moreover the DOPT Instructions to Defence Ministry amounts to contempt of Court. Therefore DOPT may Direct MOD not to take any precipitative action in this regard. The same may please be considered favorably.
5. Another matter of serious concerned is the non-implementation of the DOPT O M dated 02/03/2016 on the subject of recoveries of wrongful / excess payments by the employers impermissible in Law. According to this instruction any excess payment made to the employees due to the mistake of the administration and not because of any false claim by the employees the concerned department should process the case for waiver of recovery and get the approval of Department of expenditure. However in many field units / offices instead of following these guidelines recoveries of huge amount from the employees and retiring employees are being effected. Therefore DOPT may issue strict instructions to all the departments to follow the DOPT O M date 02/03/2016 and not to recover any amount from the employees and retiring employees in accordance with the DOPT OM.
6. Department of Pension & Pensioners Welfare have issue orders on 03/03/2023 for conversion of NPS employees to Old Pension Scheme if they were recruited on or after 01/01/2004 on the basis of the notification / Advertisement issued before 22/12/2003. Due to a confusion with regard to Notification and Advertisement the benefit of Old Pension Scheme is not being extended to the concerned employees. This needs to be clarified by the Department of Pension or DOPT. It is proposed that the Notification letter issued by the concerned Ministry / Department / Field Units for recruitment of certain number of vacancies in different categories should be taken as the date of Notification since in many cases the advertisement by the DAVP in the employment News etc are delayed by months together. Moreover there are many issues which needs to be clarified since the field units are not implementing the Department of Pension order dated 03/03/2023. A separate meeting with the Staff Side may please be convened in this regard.
7. The Staff Side is repeatedly representing for releasing the 18 months frozen DA / DR arrears to the Central Government employees & Pensioners. However till date a favorable decision is not taken by the Government. It is therefore requested that Government may reconsider the decision & released DA/ DR Arrears due for 18 months as a Diwali gift.
8. Kilometer Allowance being given to the Railway employees should be exempted from Income Tax in context of running Staff.
9. Vacancies in the Central Government Departments including in the Railways should be filled up

There after the following Agenda Points were taken up for discussion. Decision take on each of the agenda points is given below:-

1. Extension of CGHS facilities to the Civilian Employees of left out Industrial Establishment under Western Command of Navy Mumbai.

Decision

After discussion representative / senior officer from NHQ stated that the NHQ fully agree with the demand of the Staff Side and stated they have already recommended the case to Ministry of Health & Family Welfare. Additional Secretary Assured that Health Ministry will consider the demand of the Staff Side and the recommendations of NHQ will issue necessary instructions in consultation with Department of Expenditure if required.

2. Empanelment of Private Day Care Therapy Centers for Ayurveda, Yoga & Naturopathy under CGHS in all the CGHS governed cities / towns.

Decision

Ministry of Health have already taken a decision to empanel private Health Care Organization of Ayurveda, Yoga and Naturopathy etc under CGHS if they apply for the same. Moreover Private day care therapy centers under Ayush is established at Delhi on a trial basis. After 6 months Ministry of Health will review the position and there after decision will be taken for extending the benefits for other cities / towns

3. To retain the status of more than 70,000 Defence Civilian Employees who are on deemed deputation with the newly created 7 Ordnance Factory Corporations as Central Government Employees / Defence Civilian Employees till their Superannuation.

Decision

The Staff Side informed about the harassment being faced by the employees of Ordnance Factories Post Corporatization. In violation of the Cabinet decision and the commitment given by the Government before the Hon’ble High Court, the 7 Corporations are tinkering with the service conditions of the employees like changing the working hours, implementing incentive scheme by replacing piece work system, not implementing he settlement reached between AIDEF and DDP in the presence of CLC on the formation of IR Machineries in the Corporations, Non Grant of Compassionate Appointments, and the DDPs apathy towards the employees, not holding of the meetings with the Federation etc. Moreover now the Government have decided to merge Corporations and reduce to 4 Corporations. This has further created fear and apprehensions in the minds of the employees. We have decided to issue contempt of Court Notice to the Government and the Corporations for violation of the assurance given in the High Court. We demanded that the Government instead of extending the deemed deputation should issue a notification for retaining the status of employees as Central Government Employees / Defence Civilian employees till their retirement.

Responding to the views expressed by the Staff Side JS (LS ) from DDP informed that the corporations are making the HR Policies and option will be asked from the employees whether they would like to join the Corporations or they would like to remain as Government Employees. Secretary DOPT directed JS (LS) DDP that the concerns expressed by the staff Side are serious and the same should be communicated to the Defence Secretary and meetings should be held with the Staff Side to settle the issues represented by them.

(Shiva Gopal Mishra)
Secretary

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