June 14, 2016
Secretary, FNPO Tirunelveli
NJCA asked central government employees to be ready for strike on 11.07.2016 - Click here to view
GO AHEAD WITH THE
PREPARATION OF THE INDEFINITE STRIKE FROM 11th JULY-2016.
NJCA PRESS STATEMENT
NJCA
National Joint Council of Action
4, State Entry Road, New Delhi – 110055
PRESS STATEMENT.
Dated 9th June, 2016.
The National Joint Council of Action was formed as an apex level organization
of the under-mentioned Associations/Federations participating in
the negotiating body of the Central Government employees at the National level,
called the Joint Consultative Machinery.
1. All India Railway men
Federation.
2. National Federation of
Indian Railway men
3. All India Defence
Employees Federation
4. Indian National Defence
Workers Federation
5. Confederation of Central
Government employees and workers representing the
Unions and Associations in all Departments other than Railways and
Defence.
6. National Federation of
Postal Employees
7. Federation of National
Postal organizations.
It was formed in the wake of the then UPA Government refusing to enter into any
meaningful negotiations with the Employees Federation. In the face of the
unprecedented rise in the inflation of the Indian Economy during 2006 -16, the
employees demanded the Government to effect wage rise for the emoluments fixed
on the basis of the 6th CPC was incapable of meeting the both end of an employee
especially at the lowest level. Though under threat the then Government
conceded the demand for setting up of the 7th CPC, they stubbornly refused to grant any
interim relief or DA merger, which alone would have mitigated the difficulties
of the low paid workers When the NDA Government came to power, the NJCA
approached them also with a request that the difficulties of the low paid
workers in Central Government must be appreciated and the demand for Interim
Relief or DA merger be conceded. The NDA Government too did not respond
to the plea made by the NJCA.
The 7th CPC
which was set up in Feb. 2014 was to submit its report in August, 2016.
However, at the intervention of the Government, the report was further delayed
and it ultimately reached the Government only in November, 2015. Their
recommendations were to be effective from 1.1.2016. Except setting up an
empowered Committee of Secretaries, the Government did not do anything so far
on the report. It is now more than six months the report is with the
Government. Normally the revised allowances which form part and parcel of
the salary of the employees are granted with prospective effect i.e. from the
date of the issue of the orders. The delay in taking decision on the
report will rob the employees of the increased allowances for ever.
This apart, the report of the 7th CPC was totally disappointing as it did not
address any of the issues projected before them in a proper manner and most of
the demands were rejected sans reasoning and logic. The increase they
recommended was a paltry 14%, the lowest any Pay Commission had ever
suggested. The NJCA in a detailed memorandum submitted on 10th December, 2015, conveyed to the Government
as to how the recommendations on all major issues were bereft of logic and
reasoning and suggested as to what improvements were required thereon.
The NJCA had been pursuing to have a meaningful negotiation and settlement of
the issues. Except hearing the leaders, the empowered Committee did not
go further. It acted as if it was powerless and the final decision will have to
be taken by the Government. At the request of the Cabinet Secretary on
Ist March, 2016, when the NJCA deferred the strike action which was to commence
in April, 2016.
As there had been no fruitful negotiations or discussions and having realized
that the Government has no intention to settle the Charter of demands, the NJCA
decided to serve the notice for an Indefinite strike action on 9th June, 2016. Accordingly, all the
constituent organizations have served the strike notice today to their
respective heads of Departments. The indefinite strike will commence on
11th July,
2016, if no satisfactory settlement is brought about on the charter of demands
(which is enclosed).
About 35 lakh workers and employees belonging to various Departments of the
Government of India will participate in the strike action, which is to commence
on11th July, 2016. It will certainly be the largest participated strike
action of the Central Civil Servants of the country since its independence. The
determination of the Minimum wage on the basis of Dr. Aykhroyd formula
enunciated in 1957 to which the Government of India was a party is the most
significant issue in the charter of demands. A right settlement
thereon will have far reaching impact in the wage determination of the entire
working class in the country. The confrontation is between the
forces who wanted India to be the destination for cheap labour and others who
fight against the exploitation.
The new Contributory Pension scheme introduced by the Government in 2004 has
made one third of the Civil servants unsure of their entitlement at the evening
of their life even though they were to contribute huge sums from their
wages every month compulsorily. The PFRDA bill became an Act in the
country as the members of Parliament both belonging to NDA and UPA voted in
favour of the loot of the workers. Even the recommendation made by the
Standing Committee of the Parliament to provide for a minimum guaranteed
annuity pension was rejected when the Bill was passed. The other issue
which must have a satisfactory settlement in the charter of demands is about
the contributory pension scheme.
There was perhaps only one and only one positive recommendation made by the 7th CPC. That was to give some relief in the pension
entitlement of the past pensioners. The Government has now proposed to
reject that recommendation on the specious plea that the relevant records
required for the verification of the claim of the individual pensioners
especially those retired long time back may not be available with the
Government. If the Government chooses to accept such also untenable
advices from whichever quarter it emanates, it would not only be unfortunate
but will make the strike action an imminent inevitability. While the NJCA
hopes that the good counsel will prevail upon the Government to avert the
strike action, it appeals all its constituents and through them all Central
Government employees to go ahead with the preparation of the strike action,
which is slated to commence from 11th July, 2016 with courage and determination.
Shiva Gopal Misra.
Convener
CHARTER OF DEMANDS
Part A.
1. Settle the issues raised
by the NJCA on the recommendations of the 7 CPC sent to Cabinet Secretary vide
letter dated 10th December 2015.
2. Remove the injustice
done in the assignment of pay scales to technical/safety categories etc. in
Railways& Defence, different categories in other Central Govt establishments
by the 7 CPC.
3. Scrap the PFRDA Act and
NPS and grant Pension/family Pension to all CG employees under CCS (Pension)
Rules, 1972 & Railways Pension Rules, 1993.
4. i) No
privatization/outsourcing/contractorisation of governmental functions.
ii) Treat GDS as Civil Servants and extend proportional benefit on
pension and allowances to the GDS.
5. No FDI in Railways &
Defence; No corporatization of Defence Production Units and Postal Department.
6. Fill up all vacant posts
in the government departments, lift the ban on creation of posts; regularize
the casual/contract workers.
7. Remove ceiling on
compassionate ground appointments.
8. Extend the benefit of
Bonus Act,1965 amendment on enhancement of payment ceiling to the adhoc Bonus/PLB
of Central Government employees with effect from the Financial year 2014-15.
9. Ensure Five promotions
in the service career of an employee.
10. Do not amend Labour Laws
in the name of Labour Reforms which will take away the existing benefits to the
workers.
11. Revive JCM functioning
at all levels.
CHARTER OF DEMANDS
Part B
1. Re-compute the
minimum wage on the basis of the actual commodity prices as on 1.7.2015and
factor the Dr. Aykroyd formula stipulated percentages for housing and social
obligations, children education etc. Revise the fitment formula and pay
levels on the basis of the so determined minimum wage;
We are not in agreement with the methodology adopted by the 7th CPC in computing the minimum WAGE. We give
hereunder briefly the reasons thereof.
1. The retail prices
of the commodities quoted by the Labour bureau is irrational, imaginary and
even absurd in respect of certain articles at certain places. The Staff
Side had objected to the adoption of those rates in its meeting with the Commission
on 9th June,
2015.
2. The adoption of 12
monthly average of the retail prices is contrary to Dr. Aykroyd formula.
Same is the case with the reduction effected by the Commission on housing and
social obligation factors. The house rent allowance is not a full compensation
of the expenditure incurred by an employee for obtaining an
accommodation. Therefore, no reduction on that count in arriving at the
minimum wage is permissible. We may cite the minimum wage computation
made by the 3rd CPC in this regard, The employees were in receipt of HRA
even at that time. But still the 3rd CPC, and rightly so, adopted the 7.5% as the
factor for housing. In respect of the addition to be made for
children education and social obligation as per the Supreme Court judgement,
(25%) the Commission has reduced the percentage to 15% on the specious plea
that the employees are separately given children education allowance. The
Children education allowance is not a full reimbursement of the expenses one
has to incur. After the liberalization of the Education Sector where
private parties were allowed to set up universities and colleges, the expenses
for education had increased heavily . No concession or allowance is
granted to the employees for educating the children beyond the higher secondary
levels. The earlier Pay Commission has only tried to compensate a
little in the increasing cost of education and that too at the primary level,
since even the Governmental institutions had started charging abnormal tuition
and other fees.
3. The website maintained
for the Agriculture Ministry depicts the retail prices of commodities which go
into the basket of minimum wage computation. Even though the rates quoted
by them vary from the real retail prices in the market, it provides a different
picture. If one is to take the rates quoted by them for different
cities and make an all India average of the prices as on 1.7.2015, it will work
out to Rs. 10810. It will result in the computation of the minimum wage of Rs.
19880. Adding 25% for arriving at the MTS scale, it will rise to Rs.
24850. To convert the same as on 1.1.2016, 3% will be added as suggested
by the 7th CPC.
The final computation will be Rs. 25,596, when rounded off shall be Rs. 26000.
4. The Andhra Pradesh State
Pay Commission in its report has taken the commodity prices at Rs. 9830.- as on
1.7.2013 which works out to a minimum wage of Rs. 18080. The wage of MTS
will then be Rs. 22600 as on 1.7.2013, The Corresponding figure for
1.1.2016 shall be Rs. 26758 , rounded off to Rs. 27000.
5. The Staff side had
computed the minimum wage as on 1.1.2014 at Rs. 26,000, taking the commodity
price at Rs. 11344. The rates were taken on the basis of the actual
retail prices in the market as on 1.1.2014( average prices of 8 Cities in the
country) substantiated by the documentary evidence of Cash bill obtained from
the concerned vendors. As on 1.12016, the minimum wage work out to Rs.
29339, rounded off to Rs. 30,000.
6. The 5th CPC adopted the rate of growh in the economy (
as reflected in the increase in the per capita net national produce at factor
cost) over a period of ten years to arrive at the increase required to be made
to arrive at the minimum wage. The per capita NNP at factor cost
registered an increase of 65.28% over a period of ten years in 2013-14.
If we apply the same percentage to the emoluments (Pay +DA) as on 1.1.2016
(assuming that DA will be 125% as on that date), the minimum wage as on
1.1.2016 for an MTS will have to be Rs. 26030, rounded off to Rs. 27000.
7. In para 4.2.9 of the
report, the Commission has given a table depicting the percentage increase
provided by the successive Pay Commissions, according to which the 2nd CPC had made a paltry increase of 14.2%. The 3rdCPC
gave a rise of 20.6, 4th 27.6, 5th 31.0 and 6th CPC 54%. While the per centage increase
had been in ascending order all along, the 7th CPC has sought to reverse that trend ostensibly
for reasons unknown. It is was the meager increase of 14% provided for by the 2nd CPC that triggered the volatile situation in the
civil service and led to all India strike encompassing all employees which
lasted for 5 days in 1960. We do not know whether the 7 CPC really intend to
create such a scenario once again.
8. In the case of Bank,
Insurance and many other Public Sector Undertakings wage revision takes place
once in 5 years. In the recently concluded agreement, Bank employees were
provided more than 15% increase.
9. After the implementation
of the Pay Commissions Report the AP State Employees have been given a wage
structure based on a minimum wage far above the level of Central Government
employees. In their case also wage revision does take place once in 5 years.
It could be seen from the above that the computation of minimum
wage by the 7 CPC is prima facie wrong and computed on untenable premises and
incorrect data. The minimum wage therefore requires re-computation and
revision. Once the minimum wage gets revised, the fitment formula, the
multiplication factor applied for determining the pay levels and the pay matrix
itself will have to consequently revised.
Determination of Pay Level Minimum
It is seen that the 7th CPC has applied varying multiplication factors
for different pay levels. The 6th CPC has taken the emoluments in the private
sector to hike the salary of officers by applying different yardstick to
compute the pay bands disturbing the vertical relativity while the 7th CPC has further accentuated the gap of
differences in wages between officers and employees. This being unacceptable we
urge upon adoption of uniform multiplication factor for determining pay levels.
2. Revise the pay matrix
basing upon the revised minimum wage and rounding off the stages to the next
hundred. Accept the suggestion made by the Staff Side in its memorandum to 7
CPC for de-layering viz. to abolish the pay levels pertaining to GP 1900, 2400
and 4600.
In our memorandum to 7th CPC the staff side had requested for de-layering
by abolition of Grade Pay of Rs 1900, 2400 & 4600. The pay levels
pertaining to GP 1900, 2400 and 4600 may be abolished and merged with the next
higher levels.
3. Revise the rate of
increment to 5 % and Grant two increments in the feeder cadre levels as
promotion benefit.
The rate of increment has been pegged down to 3% by the 7th CPC. At this rate an employee will not be able
to double his pay even after 30 years. The demand of the staff side to increase
the rate of increment to 5% to be accepted.
Promotion from one cadre to another is a rare phenomenon in
government services especially in lower grades. If one to be awarded only an
increment amounting to 3% of pay, it might not become a sought after affair and
will in fact act as a de-motivating factor. This apart, in most of the Govt.
Departments, promotion is followed by posting to a different location.
Those who are posted to unclassified cities or from Metro cities to towns will
financially suffer due to such mandatory transfer on promotion. This is because
of the fact that the rate HRA, Transport Allowance etc vary from one station to
another. The financial benefit on promotion must be, therefore, at least two
increments i.e. 10% of the pay.
4. Fill up all vacant posts
by holding special recruitment drive
5. MACP to be treated as
financial up-gradation, without any grading stipulation; to be provided on the
basis of the promotional cadre hierarchy of the concerned department;
increase the number of MACP to five on completion of 8, 15,21,26 and 30th years of service. Reject the Efficiency Bar
stipulation made by 7th CPC. Personnel promoted on the basis of Examination should
be treated as fresh entrants to the cadre.
6. Upgrade the LDCs in all
departments as UDCs for it is stated by the Commission that the Government has
stopped recruiting personnel to this cadre.
The cadre of LDC, after the introduction of MTS has presently
overlapping functions. Most of the specific functions have also become obsolete
on introduction of computerized diarizing and maintenance register. There is no
specific need for this cadre in any of the offices. While future recruitment
can be stopped, which the government has conveyed to the Commission, what has
to be done to the existing cadre is not mentioned. It is therefore necessary
that the existing incumbents be promoted as UDCs by upgrading all posts of LDC
as UDCs.
7. a) Parity to be ensured
for all Stenographers, Assistants, Ministerial Staff in subordinate offices and
in all the organized Accounts cadres with Central Sectt. By upgrading their pay
scales ( and not by downgrading the pay scales of the CSS)
b) Drivers in all Government offices to be granted pay scale on
par with the drivers of the Lok Sabha
The question of Parity, as has been rightly mentioned by 7th CPC, is a settled matter. It is the Department
of Personnel which the cadre controlling Department for CSS cadre that
unsettles the parity every time. The recommendation to downgrade the CSS is
however not acceptable. What is required is to grant higher pay levels at par
with CSS ministerial and stenographer cadres and other similarly placed cadres
in the field/subordinate offices and IA&AD & Organized Accounts
cadres.
8. To remove existing anomaly, the annual increment
date may be 1st January for those recruited prior to 30th June and 1st July in respect of those recruited prior to 31st December.
9. Wage of Central
Government Employees be revised in every 5 years
10. Treat the GDS as Civil Servant and grant them all pay, allowances
and benefits granted to regular employees on Pro -rata basis
11. Contract/casual and daily rated workers to be regularized against
the huge vacancies existing in various Government offices.
12. Introduce PLB in all departments. All existing bilateral agreement
on PLB must continue to be in operation
13 Revise the pension and
other retirement benefits as under:-
(a) Parity between the past
and present pensioners to be brought about on the basis of the 7th CPC recommendations with the modification that
basis of computation to be the pay level of the post / grade/ scale of
pay from which one retired; whichever is beneficial.
(b) Pension to be 60% of the
last pay drawn in the case of all eligible persons who have completed the
requisite number of years of service.
(c) The family pension to be
50% of the last pay drawn.
(d) Enhance the pension and
family pension by 5% after every five years and 10% on
attaining the age of 85 and 20% on attaining the age of 90.
(e) Commuted value of
pension to be restored after 10 years or attaining the age of 70, whichever is
earlier. Gratuity calculation to be on the basis of 25 days in the month as
against 30 days as per the Gratuity Act.
(f) Fixed medical allowance
for those pensioners not covered by CGHS and REHS to be increased to Rs. 2000
p.m.
(g) Provide one increment on
the last day in service if the concerned employee has completed six months or
more from the date of grant of last increment.
14 Exclude the Central Government employees from the ambit of the
National Pension Scheme (NPS) and extend the defined benefit pension scheme to
all those recruited after 1.1.2004
15 In the absence of any
recommendation made by 7 CPC, the Government must withdraw the stipulated
ceiling on compassionate appointments
16 Revise the following
allowances/advances as under in place of the recommendations made by the 7th CPC :
The 7th CPC has recommended to abolish large number of allowances and
interest free advances without going into the exact relevance in certain
departments where the allowances are provided for. The allowances which are
stated to be subsumed and which are clubbed with other s also require
consideration. If these allowances are withdrawn, it might affect adversely the
very functioning of the Department itself in certain emergent situation. Of the
allowances mentioned in the report for abolition, we have mentioned hereunder
those pertaining to civilian employees which require to be retained.
In respect of advances the Commission appears to have taken a
shylock view of the matter. Most of the under mentioned advances are required
to meet out contingencies which the employees cannot manage to organize. These
advances are, therefore, to be retained.
(i) Allowances
(a) Retain the rate of house
rent allowance in place of the recommendation of the Commission to reduce it.
(b) Restructure the
transport allowance into two slabs at Rs. 7500 and 3750 with DA thereof
removing all the stipulated conditions.
(c). Fixed conveyance allowance: This allowance had no DA
component at any stage.. This allowance must be enhanced to 2.25 times
with 25% DA thereon as and when the DA crosses 50%
(d) Restore the island Special duty allowance and the Tripura
Special compensatory remote locality allowance.
(e) The special duty allowance in NE Region should be
uniform for all at 30%
(f) Overtime allowance whenever sanction must be based upon the
actual basic pay of the entitled employee
(g) Cash handling /Treasury allowance. The assumption that every
transaction in Government Departments are through the bank is not
correct. There are officials entrusted to collect cash and therefore the
cash handling allowance to be retained.
(h)Qualification Pay to be retained.
(i) Small family norms allowances;
(j) Savings Bank allowance
(k) Outstation allowance
(l) P.O. & RMS. Accountants special allowance.
)m) Risk allowance
(n) Break-down allowance.
(o) Night patrolling allowance.
(p) Special Compensatory hill area allowance.
(q) Special allowance for Navodaya Vidyalaya
Staff.
(r) Dress Allowance ceiling to be raised to Rs. 32,400/- p a
(s) Nursing Allowance to be raised to 2.25 times of Rs 4800/-
(t) All fixed allowances must be raised to 2.25 times as per the
principle enunciated by the Commission
(u) The erroneous statement in Para 9.2.5 to be corrected. Vide OM
No. 13018/1/2009-Estt (L) dated 22.07.2009, DOP, P&W, the leave period for
Child adoption has been increased to 180 days
(v).Restore the allowances abolished for the reason that it is
either not reported or mentioned in the Report by the Commission
17 Advances.
Restore the following advances and revise the same to 3 times.
(a). Natural calamity advance;
(b). Festival Advance
©. LTC and TA advances
(d). Medical advance
(e). Education advance.
(f) Vehicle advances including cycle advance
18 The
stipulation made by the 7th CPC to grant only 80% of salary for the second year of CCL
be rejected and the existing provisions may be retained
19 50% of the CGEIS premium to be paid by
the Government in respect of Group B and C employees.
20 Health insurance to be
introduced in addition to CGHS/REHS and CCS(MA) benefits and the premium to be
paid by the Government and the employee equally.
21 Reject the
recommendations concerning PRIS
22 Full pay and allowances
to be provided for the entire period of WRII .
23 The conditions
stipulated in clause (4) & (5) under Para 9.2.37 be removed
24 Reject the
recommendation made by the 7th CPC in Para 8.16.9 to 8.16.14 concerning dress allowance to PBOR
as otherwise the five Ordnance Equipment factories under OFB will have to
be closed down
25 Set up a Group of
Ministers’ Committee to consider the anomalies including the disturbance of the
existing horizontal and vertical relativities at the National level and
Departmental/Ministry level with provision for referring the disputed issues to
the Board of Arbitration under the JCM scheme
26 To increase the
promotional avenue for Technical and other Supervisory staff
.bmp)
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