Online Calculators for Government Employees - GEU.in

Simple Online Calculators, Search Boxes, Rate Finders for Central and State Government Employees and Defence Service Personnel and Pensioners

NPS to OPS

GPF to be introduced to willing NPS employees AIDEF Circular

by

GPF to be introduced to willing NPS employees AIDEF Circular
 
ALL INDIA DEFENCE EMPLOYEES’ FEDERATION
 
Special Circular No.72
Date : 13.04.2019
As already informed to you the meeting of the National Council (JCM) was held on 13/04/2019 under the Chairmanship of the Cabinet Secretary. AIDEF was represented by Comrades C. Srikumar, K.Balakrishnan and R.S.Reddy. After the introductory remark by the Cabinet Secretary the Staff Side raised the following issues:
1. The 47th Meeting of the National Council (ICM) is being Called by the Chairman after a period of 9 years. The last i. e. the 46th meeting of the National Council (JCM) was held on 15 May 2010. Under the JCM Scheme the Ordinary meetings of the National Council shall be held as often as necessary, and not less than once in four months.
Special meetings can also be called by the Chairman or on a request from the Staff Side. Unfortunately between 1999 and as on date only 7 meetings are held, which means within a period of 20 years only 7 times the National Council has met.
This is a clear proof of violation and dilution of the JCM Scheme. Since the National Council of JCM is not functioning, the Departmental Council JCM’s under the Chairmanship of the Secretaries of the Concerned Departments are also not taking place.
Therefore I request the Chairman to take a serious note of the situation and a decision may be taken to hold regular meetings of the National Council, its Standing Committee and also the Departmental Council JCM meetings and the decision may be communicated to all Departments.
2. When the JCM Scheme came in to effect from 1966 all the Non- Gazetted employees were allowed to participate in the JCM Scheme. However due to upgradation of various Group C Posts to Group B these categories are now exempted from the JCM Scheme.
The Staff Side is demanding for review of the same and to permit all Non Gazetted employees irrespective of their pay should be allowed to participate in the JCM Scheme.
3. In the past due to repeated discussions in the National Council JCM, the Cabinet Secretary has written a D.O. Letter to all the Secretaries that before implementing any decisions to privatize, Outsource and closures, downsizing, corporatization, rationalization etc the staff side of the Departmental Council JCM should be consulted and their views may be kept in mind while framing such policy decision.
However arbitrary decisions are taken especially by Ministry of Railway’s, Defence, Printing and Stationery, Postal and other departments for privatizing the work being done by permanent employees, closure of many units etc.
This has resulted in total Labour unrest and series of agitations are being held including strike action. It is therefore requested that all these activities against the interest of employees may be stopped immediately and the entire issue may be discussed in the Departmental Council JCM meetings with the Staff Side.
4. After the submission of the 7th CPC recommendations, the Central Government Employees were very much disappointed and there was an all around dissatisfaction since the 7th CPC has not taken into account the proposals of the Staff Side in determining the minimum pay and corresponding fitment factor.
The 7th CPC has also rejected our demand to scrap the NPS implemented for employees recruited on or after 1/1/2004. In this backdrop the National Joint Council of Action of the Central Government employees have issued an Indefinite Strike Notice on the Government. A meeting was convened under the Chairman ship of Hon’ble Home Minister Sh. Rajnath Singh in which other three Senior Ministers including the Finance Minister and Railway Minister were also present.
The meeting was held on 30th of June 2016 and based on the assurance given by the senior Ministers that the demands of the Central Government employees would be considered by a high Level committee, the strike was deferred. It is unfortunate that the commitment given to the NJCA was never honored and the discontentment amongst the Central Government employees still prevails.
It is therefore urged upon the Government that the commitment of the Group of Ministers may be honored in letter and spirit and Government may come forward to restore the negotiations with the NJCA for reaching an agreement on the following demands.
a. Enhancement of Minimum Pay and Fitment Factor w.e.f. 1.1.2006
b. Scraping of NPS and restoration of guaranteed Pension under CCS (Pension) Rules 1972.
c. Option No. 1 recommended by 7th CPC for employees who retired prior to 01/01/2016.
5. The Staff Side are repeatedly representing to grant one more option to switch over to 7th CPC pay scale from a date subsequent to 25/07/2016. Even thouge there is no much financial implication, the Department of Expenditure is not extending the benefit. This issue needs to be considered favourably.
6. Inspite of the Government orders for grant of entry pay to the employees promoted on or after 1/1/2006 prescribed for direct recruits in the pay band is not yet implemented in many of the Departments for want of certain clarifications from Department of Expenditure.
The issue was discussed in the last Standing Committee meeting and it was assured that necessary clarifications would be issued. However the same has not yet been issued.
7. Due to non functioning of JCM and non acceptance of genuine demands of the Central Governments employees there is a multiplicity of litigation’s on service matters including MACP issues like date of implementation of MACP from 1/1/2006, MACP in promotional hierarchy, Annual Increment to employees retired on 30th June and 31st December etc.
In majority of the cases the judgments have gone in favour of the employees and as usual the Government drag the employees up to Supreme Court and even after Establishing the Law on service matters by the Supreme Court the benefits are restricted only to the petitioners.
A separate meeting with Staff Side may be held so that the demand for implementation of various Court judgments on service matters can be settled and the number of litigations can be reduced.
8. The Defence Industry like Ordnance Factories, DRDO, Units under Army and Navy etc. are under serious attack. The entire policy decision needs to be reconsidered and all these Defence Establishments should be strengthened and developed.
9. One time relaxation of LTC-80 cases, where employees have purchased Air Tickets from other than authorized Agents is pending for quite some time. The same may be considered favourably.
10. Compassionate Appointment to the wards of employees who dies/medically invalidated on accidents while performing Government duty should be given over and above the 5% quota.
11. Outsourcing of permanent Jobs which are being performed by erstwhile Group “D” Employees should be stopped and all the vacancies should be filled up
Decision on Agenda Points/ Points Raised in the meeting
1. Judgment of Supreme Court on service matters where policies are involved will be made applicable to all the similarly placed Employees.
2. GPF to be introduced to willing NPS employees.
3. Government seriously and positively considering the demand of allotment of salary budget separately to Ordnance Factories.
4. Stepping up of pay will be permitted in MACP.
5. Services of Temporary Status Employees of GSF Cossipore will be regularized.
6. Government Orders on Risk Allowance and Night Duty Allowance will be issued soon.
7. Relaxation of Educational Qualification for Compassionate Appointment to wife of employees medically boarded out from service would be considered.
8. Regarding residency period for promotion from one post to another, the Staff Side should forward a detailed proposal.
9. Grant of 90% Medical Advance for conventional diseases would be considered by Ministry of Health.
10. Proposal for relaxation of LTC-80 is under consideration.
11. Revision of pension to employees those who were compulsorily retired would be considered.
12. The provision of “Wherever feasible” given in the Government order for grant of HRA without NAC would be considered.
13.Regarding implementation of Arbitration Awards separate meeting would be held with staff side.
14. The decision on applicability of CCS (RSA) Rules 1993 to the workers of the Defence Ministry would be taken within a month. 15. The Demand for creation of NFSG grade in cadre of UDC / Stenographers in all offices outside Secretariat is under consideration of the Government.
16. Reimbursement of Medical expenditure involved for over stay in the Hospital, because of infection / side effects would be considered by the Ministry of Health.
With Greetings,
(C.SRIKUMAR)
General Secretary
Source : AIDEF Circular

Proposal to Include in the Election Manifesto to All Parties – NC JCM Staff Side

by

Proposal to Include in the Election Manifesto to All Parties – NC JCM Staff Side

Proposal to include in the election manifesto of your party with regard to the scrapping of the National Pension System

“If you will be able to indicate your intention to replace the present new contributory scheme with the old Statutory Pension structure, in your manifesto, it might help immensely to elicit the support of the Central Government employees and their family members to your party candidates in the ensuing general election.”

NJCA
National Joint Council of Action

4, State Entry Road, New Delhi – 110055

No.NC-JCM-2019/NPS

March 8, 2019

To
The Chief Executive,
All Recognized National and State level Political Parties

Sub:- Proposal to include in the election manifesto of your party with regard to the scrapping of the National Pension System which has taken away the pension right of Central Government Employees

Dear Sir I Madam,

We write this on behalf of the organisations of the Central Government employees participating in the Joint Consultative Machinery, set up by the Government of India in 1960s as a negotiating forum to settle various demands and grievances of the employees through discussions.

In the meeting that was held on 8th February, 2019, of the Standing committee of the National Council, Staff Side, it was unanimously decided that I in my capacity as the Secretary, Staff side National Council, must write to you to draw your kind attention to one of the most significant demands of the Central Government employees i.e. to replace the newly introduced contributory pension scheme with the old statutory defined Pension system and also to restore the GPF Scheme which was withdrawn by the Government.

I have been asked to seek your support to this vital demand of the employees especially of the young workers who have entered government service after 1.1 .2004 and obtain an assurance from you that you will accede to the demand for the withdrawal of the New contributory scheme to replace it with the old Statutory pension system.

if elected to power in the ensuing general elections to constitute the 1 i 11 Lok Sabha. Before going into the difficulties being faced by the employees governed under the New Contributory Pension Scheme which is at present christened as “National Pension System (NPS)”,

I would like to invite your attention to the historical judgment delivered by the Hon’ble Supreme Court by a 5 Member Bench consisting of Hon’ ble Chief Justice Y.B.Chandrachud. The Hon’ble Supreme Court in this case has analyzed in detail the entire issue of Pension. The most important portion of the above historical judgment is reproduced below for your kind consideration please.

“From the discussions 3 things emerge

(i) that pension is neither a bounty nor a matter of grace depending upon the sweetwi/1 of the employer and that it creates a vested rights subject to 1972 Rules which are statutory in character, because they are enacted in exercise of powers conferred by the proviso to Article 309 and Clause (5) of article 148 of the constitution,

(ii) that Pension is not an ex-gratia payment but it is a payment for the past service rendered and

(iii) it is a social welfare measure rendering socio economic justice to those who in the heyday of their life ceaselessly toiled for the employer on an assurance that in their old age they would not be left in the lurch.”

As you are aware Sir/Madam, that the new contributory pension scheme was introduced by the then NDA Government in 2004 initially through an executive fiat. Later, rather much later, a bill was introduced in the Parliament to enact the Pension Fund Regulatory and Development Authority.

After the promulgation of the Notification in 2004, many State Governments adopted the scheme to cover their employees, the only exception being the State of West Bengal presently.

The ostentatious reason adduced at the time of promulgation of the Notification and thereafter at the time of the introduction of the PFRDA bill, was the ever increasing financial outflow on pension account, which makes fiscal deficit management difficult.

Prima facie the said reason appeared to be true as the quantum of outflow on account of Pension had been on increase. But the fact that it had always been on rise was concealed as also the one that as a percentage to the GDP, the pension payment had been continuously dwindling over the years.

The employees organisations had been pointing out to the Government that the desired objective of containing pension outflow would not come about for the next four decades.

When the probable drastic reduction in pension under the new scheme was raised by the Staff Side in the National Council, the Government stated that under the new dispensation, employees will become entitled more annuity than the then existing entitlement of Pension, this assurance was given in writing by Government in the Standing Committee Meeting of the National Council (JCM) held under the Chairmanship of Secretary (Personnel) on 14’h December, 2007 and went on to assure the Government’s intervention if things turns out otherwise.

It is also pertinent to mention here that the Government has exempted the Armed Force Personnel from the NPS and they continue to be in the old Pension Scheme.

If the NPS is so attractive then why the Government has exempted them from NPS. This is a clear proof that the NPS is very much detrimental when compare to the old Pension Scheme.

The scheme is presently in vogue for the last 15 years. A few employees who were originally recruited as casual workers but got regularized later (retired before completion of the 33 or 35 years of service.)

They were given a paltry amount as pension amounting to less than Rs, 2000. Had they been covered under the old Pension scheme, they would have certainly got more than 20,000 as pension.

The new scheme has thus become “NO pension scheme’. The new scheme has thus created consternation of a very high order amongst the employees as they rightly feel that their hard earned savings are in effect compulsorily channeled to benefit the corporate entities.

Since the Govt. will have to contribute equal amount or more (now 14%)the same would act in future as a real drain on the resources of the Government and will cause hardship in the form of increased tax liability.

The anger and discontent of the employees have manifested itself in huge demonstrations and such other programmes and some of them have even resorted to strike action.

We are proud to mention that our principled opposition to the scheme right from the beginning, when it was introduced by the then NDA Government, has now been vindicated as it neither benefits the subscriber nor the Nation.

Incidentally we may point out that in the wake of the 6th CPC, Government agreed to set up an expert committee under the chairmanship of Dr.Gayatri, at the Indian institute of social sciences to look into all aspects of the New Pension scheme.

The committee has clearly indicated that the new scheme will draw more funds from the exchequer in the coming 40 years, before any reduction in the outflow could be brought about.

We fervently feel that the new contributory scheme must be replaced by the old Pension Scheme under the CCS (Pension) Rules, 1972. If you will be able to indicate your intention to replace the present new contributory scheme with the old Statutory Pension structure, in your manifesto,

it might help immensely to elicit the support of the Central Government employees and their family members to your party candidates in the ensuing general election.

We shall also be grateful for favour of a word in response to this communication from your end.

With kindest regards,

Yours sincerely,
(Shiva Gopal Mishra)
Convener

Source: http://ncjcmstaffside.com

NPS TO OPS