Wednesday 18 February 2015

AIRF writes to PM - Defending Right to Strike for workers

AIRF writes to PM in respect of his support in defending justify to Strike for workers

Com. Shiva Gopal Mishra writes to Prime Minister of India in respect of his support in defending justify to Strike for workers.

A.I.R.F.
All India Railwaymen’s Federation

4, State Entry Road,
New Delhi – 110055, India

No.AIRF/128

Dated: February 18, 2015

Shri Narendra Modi Ji,
Hon’ble Prime Minister,
(Government of India),
South Block,
New Delhi

Respected Sir,

I write today to alert you to the serious situation faced by the International Labour Organization.

The Employers’ Group in the Committee on the Application of Standards precipitated a crisis by challenging the independence of the long-established and authoritative Committee of the Experts on Application of Conventions and Recommendations(CEACR), a group of highly qualified persons, vetted and appointed through the tripartite Governing Body of the ILO.

Since June 2012 there have been a number of discussions in the ILO Governing Body, “Informal Discussions” with the experts and tripartite consultations. The Swiss Government facilitated, to no avail, an attempt to reach a consensus on a way forward.

To date, the employers have not fundamentally altered their position. The employers simply refuse to defer to the observations of the experts, while at the same time refusing to avail themselves of the judicial means available under the ILO constitution to challenge those observations which creates great instability for the entire ILO supervisory system. While not binding as only the International Court of Justice can issue a legally binding interpretation of a Convention under the ILO Constitution, the work of the supervisory system, particularly the ILO Committee of Experts, is recognized as having persuasive validity and should stand in the absence of higher authority.

Instead, they continue to insist that the experts’ reports state clearly that they have not been approved by the
Tripartite Constituents. This is part of their effort to put the political bodies, rather than independent experts, in charge of interpreting the conventions. The employers do not find that the existing, detailed statement of the experts’mandate already found in the reports is sufficiently clear and thus want a “Clarification”, “Statement of Truth”, or “Disclaimer”, which defines to the Employers’ Group satisfaction the mandate of the Committee of Experts and the legal status of their opinions.

The effective cornerstone of the ILO for many decades, its Supervisory System, is under threat.

Prime Minister Sir, the ILO was founded by governments with the foresight to provide a unique and tripartite forum where labour matters and concerns could be discussed in a mature and respectful context and balances between diverging interests sought.

Without it, workers are left without this important recourse to justice and fairness.

I urge you to make your support for the ILO and its Supervisory System known to the social partners of your country.

Yours sincerely,

(Shiva Gopal Mishra)
General Secretary

Dopt Orders - Granting of MACP benefits as and when the employees become eligible

Dopt Orders on MACP – Granting of MACP benefits as and when the employees become eligible

MACPS are not being granted as per the schedule/provisions in the MACP Scheme leading to dissatisfaction and grievances among the employees. Therefore, Ministries/Departments are advised to ensure strict compliance to the time limits indicated in MACPS for grant of benefits under this scheme as and when the employees become eligible for such benefits.

G.I., Dep. of Per. & Trg., O.M.No.35034/3/2008-Estt. (D), dated 18.2.2015

Subject:-MODIFIED ASSURED CAREER PROGRESSION SCHEME FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES-instructions regarding,

This Department on the recommendation of Sixth Central Pay Commission in Para 6.1.15 of its report and in supersession of previous Assured Career Progression Scheme, vide O.M. No. 35034/3/2008-Estt.(D) dated 19.05.2009 introduced the Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees which is operational w.e.f. 01.09.2008. MACP Scheme envisages the three financial upgradations at intervals of 10, 20 and 30 years of continuous regular service to all regularly appointed Group “A”, “B”, and “C” Central Government Civilian Employees.

2. As per para 6 of DOPT’s O.M. No. 35034/3/2008-Estt.(D) dated 19.05.2009, the Screening Committee would follow a time-schedule and meet twice in a financial year – preferably in the first week of January and first week of July of a year for advance processing of the cases maturing in that half. Accordingly, cases maturing during the first-half (April-September) of a particular financial year would be taken up for consideration by the Screening Committee meeting in the first week of January. Similarly, the Screening Committee meeting in the first week of July of any financial year would process the cases that would be maturing during the second-half (October-March) of the same financial year.

3. It has come to notice of this Department that the benefits of MACPS are not being granted as per the schedule/provisions in the MACP Scheme leading to dissatisfaction and grievances among the employees. Therefore, Ministries/Departments are advised to ensure strict compliance to the time limits indicated in MACPS for grant of benefits under this scheme as and when the employees become eligible for such benefits.



Dream of OROP has moved a step closer to its approval: IESM

Dream of OROP has moved a step closer to its approval: IESM
OROP LATEST NEWS BY IESM
Dear Members

Further to the information given in the report of rally held on 1 Feb 15. On 1 Feb 15 a delegation of 30 ESM including four veernaris met RM at Kotah house. RM had promised to take action on OROP latest by 17 Feb 15.

IESM has a good news for you. Your dream of OROP has moved a step closer to its approval.

As promised by RM to IESM delegation that he will personally monitor the progress on OROP. True to his promise he has chaired a meeting today of OROP action committee. The meeting was attended by CGDA,DESW, MOD and Army pay cell Maj Gen Aggarwal and Col Pruthi. Col Rathore also attended the meeting. It is confirmed that OROP file has finally reached MOD.

Following decisions have been taken in the meeting today 17 Feb 15.
OROP will be as per approved definition.
In most of cases ESM will get fixed at highest of their rank pay band.
OROP equalization will be done annually.
Some issues of Major’s pension are under discussion and will be sorted out soon.

RM gave special instructions to Gen Aggarwal to inform Gen Satbir singh about this development. Gen Aggarwal informed IESM asap he came out of the meeting. File is under final scrutiny and preparation and file will be dispatched to MOF on 23 Feb as RM is going to attend Annual Aero Show at Bangaluru from 17 to 22 Feb.

CGDA has already issued circular no 536 giving increase in pension of widows w.e.f. 24 Sep 12. This circular fixes the pension of widow at 60% of the pension of the ESM as given in circular 500. Widows will get this enhanced pension from 24 Sep 2012. They will further get arrears from 1 Jan 2006 as and when the MOD issues such instructions.

Dear Members hold your celebration till budget. We will finally come to know how much funds get allotted for OROP in this years budget and will raise a toast for OROP on that day.

IESM salutes sincerity of RM Sh Manohar Parrikar. He is a man of his words. He had promised action on OROP by 17 Feb and he has executed it.

Regards
Gp Capt VK Gandhi VSM
Gen Sec IESM

Block N5, Flat no 801
Narmada Block
Pocket D6, Vasant Kunj
New Delhi. 110070
Mobile 09810541222


Source: www.7thpaycommissionnews.in

Demands of Civil and Defence Pensioners submitted to 7th Pay Commission

Important demands of Civil and Defence Pensioners submitted to 7th Pay Commission - BPS

BPS- As Principal stakeholder of Civil Pensioners at 7th CPC round-table on 17.2.15

As a rare distinction ‘Bharat Pensioners Samaj’ & its one affiliate CGPA Noida only were shortlisted to represent Civil Pensioners on 7th CPC round -table, the other three organizations who participated were of Defence Pensioners.

No cutoff dates,

min.pension to be 65% family Pension 45% of last drawn,

include DA in pension emoluments,

bring down ratio bet.minimum-maximum paid,

equal % rise in pension to all,

take ahead Vth CPC parity formula,

Smart card to all pensioners for cashless Medical care,

periodical upward revision of CGHS rates to match market rates,

relaxation of restriction for grant of family pension to divorced & widowed daughters,

restore, 100%  commuted value to PSU absorbees,

Ex-servicemen status to Defence civilian,

BSNL pensioners be treated at par with C.G.Pensioners fr pension fixation,

rectify anomalies created by GP & implementation of 6th CPC. etc.etc’

Source: www.7thpaycommissionnews.in

Submission of declaration of assets and liabilities by the public servants for each year – Dopt orders Feb 2015

Submission of declaration of assets and liabilities by the public servants for each year – Dopt orders Feb 2015

G.I., Dep. of Per. & Trg., O.M.F. No. 11013/3/2014-Estt.(A), dated 17.2.2015

Subject: Central Civil Services (Conduct) Rules, 1964 and The Lokpal and Lokayuktas Act, 2013 — Submission of declaration of assets and liabilities by the public servants for each year — regarding
The undersigned is directed to refer to this Department’ OM of even no. dated /16.01.2015 clarifying the provisions relating to submission of declaration of assets and liabilities by the public servants. As per this clarification, all Government Servants have been advised that:

(i) The annual Immovable Property Return (IPR), as on 31.12.2014, under the existing CCS(Conduct) Rules, 1964 is required to be filed on or before 31.01.2015;

(ii) The first return under the Lokpal and Lokayuktas Act, 2013 (as on 01.08.2014) should be filed on or before 30.04.2015; and

(iii) The next annual return under the Lokpal and Lokayuktas Act, 2013, for the year ending 31.03.2015, should be filed on or before 31.07.2015.

2. The Secretaries of all Ministries/ Departments have also been requested that all concerned may be suitably advised to file the IPRs and the return under the Lokpal Act as per the dates indicated above. A compliance report in respect of the IPRs filed by Group ‘A’ Officers of the Central Civil Services, as on 31.01.2015, has also been requested by 30.04.2015. It has also been requested that similar action may be taken by the authorities controlling services not covered by the Central Civil Services (Conduct) Rules, 1964.

3. In this regard it has been directed that all preparatory steps for the purpose of filing returns under the Lokpal and Lokayuktas Act, 2013, be put in place. An online system for filling the annual declarations of assets and liabilities by the public servants, as in PRISM (Property Related Information System) for IAS officers developed by NIC, may be adopted.

4. The Cadre Controlling Authorities are accordingly requested to please take immediate steps for putting in place all preparatory steps.


Source: www.7thpaycommissionnews.in

DOPT Orders on 18.2.2015 - Importance of following the due process in disciplinary proceedings

Importance of following the due process in disciplinary proceedings – DOPT Orders issued on 18.2.2015

G.I., Dep. of Per. & Trg., O.M.F. No.11012/3/2015-Estt.A-III, dated 18.2.2015

Subject: Importance of following the due process in disciplinary proceedings – regarding

This Department has been emphasising the necessity of conforming with the procedures prescribed in the Central Civil Services (Classification, Control & Appeal) Rules, 1965 [CCS(CCA) Rules, 1965] while dealing with the disciplinary proceedings conducted in Ministries/ Departments. Many a times the Hon’ble Administrative Tribunals and Courts have held the proceedings non-est for non-conformity of the procedure, without even going into the merits of the case. This issue was highlighted recently in the judgement of the Hon’ble Supreme Court in the B. V. Gopinath case in SLP No. 6348/2011.

2. Procedural lapses have also been noticed in a few cases referred to this Department for advice. Two areas where procedural lapses are frequently noticed are: (i) not following the procedure prescribed in Rule 14(18) of CCS (CCA) Rules, 1965 while conducting the disciplinary inquiry; and (ii) not following the procedures laid down in Rule 9 of CCS(Pension) Rules, 1972 in the case of proceedings against retired Government servants.

3. Rule 14(18) of CCS (CCA) Rules, 1965, provides that, “the inquiring authority may, after the Government servant closes his case, and shall, if the Government servant has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the Government servant to explain any circumstances appearing in the evidence against him.”. This is a formal action required to be taken by the inquiry officer before closing the inquiry. It has been seen that many a times this is not formally recorded and the inquiry gets vitiated. It is imperative that the inquiry is conducted strictly in accordance with the procedures prescribed.

4. Attention is also invited to Rule 9 of the Central Civil Services (Pension) Rules, 1972, while lays down that the departmental proceedings, if instituted while the Government servant was in service, whether before his/her retirement or during his re-employment, shall, after his/her final retirement, be deemed to be proceedings under the rule and shall be continued and concluded by the authority which
commenced them, in the same manner as if the Government servant had continued in service. This rule also stipulates that where the departmental proceeding is instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President.

5. All Ministries / Departments are requested to please bring to the attention of all concerned the necessity of conforming to the procedures prescribed for conducting departmental proceedings.

6. In this regard, attention is also invited to the ISTM publication ‘Handbook for Inquiry Officers & Disciplinary Authorities, 2013′, which can be used as a reference guide in such matters. The Handbook may be accessed under ‘Publications/Reports’ on this Department’s website: http://persrnin.nic.in/DOPT.asp.

Source: www.7thpaycommissionnews.in

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