Pension by employees who were temporary at the time of resignation [Prior to 1988]

Court case related to CPWD regarding pension by employees who were temporary at the time of resignation [Prior to 1988, temporary employees were not eligible for pension]:-

No. C-18013/4/2013 -EC VI/643-58
Government of India
Directorate General
Central Public Works Department

Nirrnan Bhavan, New Delhi,
Dated June, 2014

OFFICE MEMORANDUM

Subject: Court cases regarding pension by employees who were temporary at the time of resignation.

In a court case for grant of pension for employee who was at the time of resignation from service of Central Government, the court ordered for grant of pension-where as per rules, prior to 1988, temporary employees were not eligible for pension. Brief of the case is enclosed for perusal. To process this case, Ministry has desired following information:-
.

(i) How many such are pending in courts under your region?
(ii) Is there any precedent case in under region where pension has been allowed to a temporary employee before 26.2.1988?
(iii) What would be the financial implication on allowing pension and to all other persons similarly placed?

You are therefore, requested to collect information from zones under your jurisdiction and furnish the same as to the directorate within one month.

(B.B. Makkar)
Chief Engineer (HQ)

Brief history of this case is as under:-
Shri P.P. Bhaskaran joined in this department on 20.11.1964 as Section Officer (later designated as Junior Engineer). He went to IAAI on deputation on 08.07.1975 and later on he got absorption in the regular service of IAAI. He was absorbed in IAAI in 01.09.1977. His service was not confirmed in CPWD (Central Government) as his turn for confirmation had not yet come. He superannuated from IAAI in December 2000. As per service record of the petitioner he was entitled for gratuity only and not pension. Prior to 1988, temporary employees were not eligible for pension. Shri P.P.Bhaskaran filed O.A. No. 1008 of 2012 before the CAT, Madras Bench, to declare that he is entitled to receive pension for the period of service rendered in CPWD from 20.11.1964 to 30.08.1977. Along with the said application he also filed M.A. No.408 of 2011 to waive the waiting period of 6 month from the date of representation for filing OA. The CAT dismissed the OA as well as the MA by its order dated 22.8.2012 holding that the cause of action arose in the year 1977 and therefore it has no jurisdiction to entertain the application.

The Petitioner filed WP. No. 32214 of 2012 challenging the aforesaid order of the CAT before the Hon’ble High Court, Madras. The Hon’ble High Court by an order dated 18.11.2013 allowed the WP and directed CPWD to calculate the pension payab1e to him on pro-rata basis and disburse the arrears a period preceding three years from the date of the O.A. till date of payment.

Source: CPWD
[http://cpwd.gov.in/WriteReadData/other_cir/10702.pdf]

Be the first to comment - What do you think?  Posted by admin - June 16, 2014 at 12:43 pm

Categories: General news, Pension   Tags: , , , ,

BSNLMRS – guidelines for regulation of expenditure on indoor treatment – cases where no CGHS rates are prescribed for any treatment/procedure

BSNLMRS – guidelines for regulation of expenditure on indoor treatment – cases where no CG HS rates are prescribed for any treatment/procedure: BSNL Order

Admn. Section
Corporate Office
Bharat Sanchar Bhawan

BHARAT SANCHAR NIGAM LIMITED
(A Govt. of India Enterprise)

No. BSNL/Admn.I/15-3/11(Vol.II)

Dated: June 13th 2014

To
To All CGMS, BSNL
Sub: BSNLMRS – guidelines for regulation of expenditure on indoor treatment – cases where no CGHS rates are prescribed for any treatment/procedure.

Cases are referred to Corporate Office for settlement of medical claims where CGHS rates are not available. Where CGHS rates are not available, the cases are settled as per AIIMS rates. On seeking rates from AIIMS for various implants/devices and procedures, Administrative Office (H) of AIIMS has informed that the rate list of AIIMS is avaiiable on their website – www.aiims.edu I www.aiims.ac.in (link Hospital Zone-patient care service), wherever the rates of a particular disease are not available, the concerned Department/specialist doctor may be contacted [copy enclosed].
All the field units are requested to refer the rate list of AIIMS at their website and in case of non-availability of rates in the rate list they may directly refer their cases to concerned department of the AIIMS.

sd/-
(Raj Kumar Kushtwar)
Assistant General Manager (Admn.III]
Tel. No. 23037241 Fax No. 23734260

Source: bsnleuchq.com
[http://www.bsnleuchq.com/AIIMS%20rates%20(1).pdf]

Be the first to comment - What do you think?  Posted by admin - at 12:40 pm

Categories: CGHS, General news   Tags: , , , , ,

Denial of proper wages, working hours, holidays etc., to the contract workers in Railways-reg.

Denial of proper wages, working hours, holidays etc., to the contract workers in Railways: NFIR writes to Railway Board

NFIR
Railwaymen National Federation of Indian
3, CHELMSFORD ROAD, NEW DELHI 110055
Affiliated to : Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)
No. II/57

Dated:10/06/2014

The Member Staff, Railway Board, New Delhi

Dear Sir,
Sub: Denial of proper wages, working hours, holidays etc., to the contract workers in Railways-reg.
Reft (i) NFIR’s refter No. II/28/Pt.III dated 04/01/2012, II/57 dated 11/04/2002, 30/11/2012, 16/08/2013 & 31/03/2014.
(ii) Railway Board’ s letter No.2013/ E(LL)AT/CNR/8 dated 26/02/2013.

NFIR vide series of letters quoted under reference have brought to the notice of the Railway Board a number of irregularities in regard to payment of wages, working hours, holidays etc.,of contract workers. The Federation has also conveyed vide letters cited under reference, that there has been gross violation of contract labour (Regulation and Abolition)Act, 1970 by the employers.

2. In this connection, NFIR further wishes to convey following irregularities committed in the similar way by the Contractors in various other Departments on the Railways:-
(a)1. Engineering Department:
Minimum wages are not paid to the workers and Attendance Register of workers is also not maintained. Identity Card, Medical facilities, payment slips, Accommodation for their stay and water facilities are also not provided. The contract Labourers are working on Railway Tracks in peak period are putting their lives in dangers as no safety measures taken. Railway Contractors are not making accident insurance for these labourers.
2. Mechanical Department:
Railway Contractor’s workers are sweeping and cleaning all the compartments of the coaches of trains. ESIC facility is not provided by the contractors but amount is recovered from their payment. Pay-slip is not given regularly. Their P.F. is deducted but where it is deposited is not known to the workers. Contractors are also not depositing employers’ share amount of P.F. in the P.F. account of workers.
3. Operating Department:
Railway Contractor’s workers are sweeping and cleaning Railway Stations, Railway Tracks, surrounding areas and offices in Railway premises. ESIC facility is not provided by the contractors though money is recovered from their wages. Pay-slips are not given regularly. Their RF. is deducted but where it is deposited is not known to the workers. Contractors are also not depositing employers’ share amount of P.F. in the P.F. accounts of workers. After finishing the tender. Railway Administrationis engaging these labourers to do the above work in three Railway Stations i.e. Kalyan, Panvel & Lonavala of Central Railway. The Railway Administration is unable to make payment to the labourers. After the protest rally by CRMS in February 14, the Railway Administration made payment to the labourers working in Kalyan & Lonavala, Payment but however those working in Panvel station the payment is not done.
4. Commercial Department (Central Railway):-
Railway Contractors are running Tea Stalls, Refreshment rooms, etc., in Railway Stations and contract workers are working as cooks, vendors helpers etc. Railway Contractors are not making payment to them. They are deputed to work on commission basis. Since the labourers are working on commission basis, they are loosing the benefit of P.F. Also unauthorized hawkers are working at the stations, thus authorised vendors are unable to manage their families in these hard days.
There are more than 50% vacancies of luggage and parcel porters, Loading and unloading work has increased, thus the labours are facing lot of difficulties. It is requested to restore clearing & forwarding Agents as existed earlier.
5. Electrical Department (Central Railway):-
The Railway Contractor labour are working as AC Attendants in AC Coaches in the passenger carrying trains. They are not paid their wages and travelling allowance as per rules. Their P.F. is deducted but where it is deposited not known to them. Contractors are also not depositing employers’ share amount of P.F. in the P.F. accounts of workers.

3. Federation further wishes to convey to the Railway Board that the Act under section 23 provides for penal action against the defaulters if contravention of the Act continues and the Departments employing the contract labour are liable to be imposed punishment.

Incidentally, it is mentioned that the provisions of Contract Labour (R & A) Act 1970 & Rules 1971 were circulated by the Railway Board to all Zones, Production Units etc., vide letter dated 26/02/2013 quoted under reference for enforcement in letter and spirit. But unfortunately no action has been taken and the Federation has been compelled to bring these issues to the notice of the Railway Board.

NFIR, therefore, once again urges the Railway Board (MS) to kindly arrange to undertake immediately investigation into the above irregularities for ensuring that contract workers are not exploited by the contractor/employer. Federation may please be advised of the action taken early.

 

Yours faithfully,

(M. Raghavaiah)
General Secretary

Source: NFIR
[https://docs.google.com/file/d/0B40Q65NF2_7UeVZjV2p3Z0ttS2FFT0R3VmNqQXJ2ZThZN09N/edit]

Be the first to comment - What do you think?  Posted by admin - at 12:36 pm

Categories: Employees News, Railways   Tags: , , , , ,

Demand for 50% DA Merger presented to the new government

Demand for 50% DA Merger presented to the new government

It looks as if this time all the Central Government Employees Federations are seriously committed to getting 50% Dearness Allowance added to their basic pay!

All the CG employees federations have strongly made this demand to the newly formed Government at the Centre. They have all explained the reasons and submitted the justification, why they have made this demand and have requested that it be implemented.

The demand was first put forth in the middle of last year. It was hoped that the demand would be implemented before the general elections. Everybody expected an announcement in this regard at the end of the last cabinet meeting that was held on February 28, 2014. The disappointment they felt wouldn’t be easy to forget.

In order to renew this demand and present it to the newly formed government, all the federations have presented memorandums. Mr. Shiva Gopal Mishra, Secretary of National Council JCM Staff Side, has sent a detailed letter to the Government explaining this demand.

One will have to wait and watch if the newly formed government, under the leadership of Modi, accepts this demand of more than 50 lakh employees.

Source: CGEN.in
[http://centralgovernmentemployeesnews.in/2014/06/demand-for-50-da-merger-presented-to-the-new-government/]

2 comments - What do you think?  Posted by admin - at 12:31 pm

Categories: DA Over 50%, Dearness Allowance, Employees News, Expected DA, General news, Latest News   Tags: , , , , ,

General Budget 2014-15: NFIR Presents list of proposals to be considered

General Budget 2014-15: NFIR Presents list of proposals to be considered

NFIR has made a list of all the proposals that Central Government employees expect in the 2014-15 General Budget.

On the 11th of this month, Mr. Raghavaiah, the General Secretary of NFIR, sent a letter to the Finance Ministry, containing certain proposals that are worth considering.

The letter contains nine points that deserve serious consideration from the Ministry. These points were formulated based on the needs and demands of about 34 lakh Central Government employees, including 14 lakh Railway workers.

Income tax exemption should be raised to Rs. 5 lakhs for individuals and Rs. 7 Lakhs for senior citizens.

The 7th CPC should be instructed to submit an Interim Report on the DA Merger.

Maximum bonus limits should be raised to Rs. 10,000.

The New Pension Scheme must be discarded in accordance to the request by the Railway Ministry.

Additional pension must be granted to pensioners over the age of 70.

The longstanding demand, for exempting Transport Allowance from Income Tax calculations, must be granted.

MACP Scheme should also be extended to teachers and lecturers working in Central Government institutions.

Earned Leave and LAHP should be granted to teachers and lecturers working in Central Government institutions.

All allowances should be exempted from income tax calculations.

 

Source: http://90paisa.blogspot.in/
[http://90paisa.blogspot.in/2014/06/general-budget-2014-15-nfir-presents.html]

Be the first to comment - What do you think?  Posted by admin - at 12:29 pm

Categories: 7CPC, Allowance, Employees News, General news, Income Tax, Latest News   Tags: , , , , , ,

No Six Days Week Proposal Under Consideration with the govt at present: NC JCM Press Release & Media News

No Six Days Week Proposal Under Consideration with the govt at present: NC JCM Press Release & Media News

Press Release about Government’s plan to make six days a week working in the administrative offices of Central Government.

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E Mail : nc.jcm.np@gmail.com

    PRESS RELEASE

NEW DELHI: 14 JUNE, 2014

Present whispering about reverting back to six days a week in place of the prevalent five days week working in the Administrative Office of the Central Government.

In this connection, the issue was discussed by Shri Shiva Gopal Mishra, Secretary Staff Side, National Council(JCM) and General Secretary, All India Railwaymen’s Federation, with the Cabinet Secretary on 13th June, 2014, and it was brought to his notice that five days a week working was introduced, way back in the year 1985 after prolonged deliberations at the National Council(JCM) level. Various aspects, including energy saving in the form of electricity and also Statutory Provision regarding working hours were kept in view.

After discussion, Cabinet Secretary assured to Secretary Staff Side NC/JCM, Shri Shiva Gopal Mishra, that no such proposal is under consideration with the Government at present.

For Secretary(Staff Side)
National Council(JCM)

Source: http://ncjcmstaffside.com/wp-content/uploads/2014/06/Press_release.pdf

News by The Hindu Business Line:-

No 6-day week for Govt staff: Cabinet Secretary assures unions

The Hindu Business Line New Delhi, June 14:

The Government is not considering any proposal to increase the number of working days to six from five a week in administrative offices of the Central Government, according to Shiva Gopal Mishra, Secretary – staff side, National Council, Joint Consultative Machinery (JCM), which is a joint group of various staff unions of Central Government employees.

Mishra stated this on the basis of assurances received from the Cabinet Secretary on Friday. The assurance came through in a meeting of the JCM with Cabinet Secretary on Friday, according to a release.

“After discussion, Cabinet Secretary assured to Secretary, Staff Side National Council – JCM, Shiva Gopal Mishra, that no such proposal is under consideration with the Government at present,” it said.

Mishra also holds the post of General Secretary, All India Railwaymen’s Federation (AIRF).

“Five days a week working was introduced, way back in the year 1985 after prolonged deliberations at the National Council(JCM) level. Various aspects, including energy saving in the form of electricity and also Statutory Provision regarding working hours were kept in view,” stated the release.

The Unions also reiterated their view to increase the salaries by merging 50 per cent of Dearness Allowance with the basic pay, Mishra told Business Line.

Source: http://www.thehindubusinessline.com/news/no-6day-week-for-govt-staff-cabinet-secretary-assures-unions/article6114964.ece

Be the first to comment - What do you think?  Posted by admin - June 15, 2014 at 8:47 am

Categories: Employees News   Tags: ,

No Proposal of 6 days a week working and Cabinet Secretary assures on Merger of DA & Payment of Interim Relief

No Proposal of 6 days a week working and Cabinet Secretary assures on Merger of DA & Payment of Interim Relief

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E Mail : nc.jcm.np@gmail.com

No.NC/JCM/2014

Dated: June 13, 2014

All Constituent Organizations,
National Council(Joint Consultative Machinery)

Dear Coms.,

Sub: Feedback of the meeting held between the Cabinet Secretary(Government of India) and Secretary(Staff Side), NC/JCM

A meeting was held today between the Cabinet Secretary(Government of India) and Secretary(Staff Side), National Council(JCM), wherein the undersigned raised the issue of non-holding of meeting of the NC/JCM since more than last four years.

While emphasizing on improvement in functioning of JCM Forum, I demanded effective functioning of the National and Departmental Council(JCM) at all levels.I raised the issue of non-consultation with the Staff Side while deciding Terms of Reference of VII CPC on the back of Staff Side.

I demanded inclusion of issue of Merger of Dearness Allowance with Pay and Payment of Interim Relief should either be settled by the Central Government or it should be referred to VII CPC with specific instructions that, it should be deliberated immediately, and the issue of Interim Relief must be decided within three months.

I also raised the issue of rumour spread in the air for bringing 5 days a week working to six days a week. The Cabinet Secretary said, so far there is no proposal of five days a week working at the anvil. Copies of the letters written by the undersigned to the Cabinet Secretary in connection with the above subjects are being enclosed herewith for ready reference.

The Cabinet Secretary discussed all these issues and heard viewpoint of the Staff Side very patiently and assured that he would try to hold meeting of the National Council(JCM) at an earliest.

So far as merger of DA with Pay and Payment of Interim Relief are concerned, Cabinet Secretary assured for appropriate action.

He also assured for effective and smooth functioning of the JCM Forum .

Comradely yours,
sd/-
(Shiva Gopal Mishra)

Source: http://ncjcmstaffside.com/wp-ontent/uploads/2014/06/feedback-of-the-meeting-with-cs_14.06.2014.pdf

Be the first to comment - What do you think?  Posted by admin - at 8:38 am

Categories: 7CPC   Tags: , , , ,

‘One rank one pension’ scheme will be implemented: PM Modi promises at INS Vikramaditya

‘One rank one pension’ scheme will be implemented: PM Modi promises at INS Vikramaditya

“My government is committed to One-rank One-pension,” said PM Modi on board INS Vikramaditya. “There were many promises on One-rank One-pension, but no action was taken,” he added. He further mentioned that the security of the country is his top priority. “We want to see eye-to-eye with the world. We don’t wish to threaten others, neither do we wish to bow down before others,” he said.

Prime Minister Narendra Modi on Saturday visited the country’s largest warship INS Vikramaditya off Goa coast in Arabian Sea, showcasing India’s naval prowess. Arriving on board the warship in a Sea King chopper, the Prime Minister was given the ceremonial guard of honour by the Navy and was briefed about the warship, which will be dedicated to the nation today.

He also sat in a MIG 29 aircraft and had a feel of the combat fighter on the ship sailing off the Goa coast. The Prime Minister will spend a few hours on board the 44,500-tonne warship and is likely to witness a host of exercises by the frontline warships and aircraft. This is the new Prime Minister’s first visit to any defence installation

Source: http://indianexpress.com

Be the first to comment - What do you think?  Posted by admin - at 8:31 am

Categories: Pension   Tags: , ,

Holding of meeting of the National Council(JCM): Secretary, NC JCM writes to Cabinet Secretary

Holding of meeting of the National Council(JCM): Secretary, NC JCM writes to Cabinet Secretary
Shiva Gopal Mishra,
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road. New Delhi – 110001

D.O.No.NC/JCM/2014
Dated: June 12, 2014
Resp. Shri Seth,

Reg.: Holding of meeting of the National Council(JCM)

I am thankful for providing me an opportunity to meet you and explain various problems of the Central Government Employees.

You might be aware that, the meeting of the National Council(JCM) could not take place during the last four years, whereas this meeting should be convened at least twice a year on six monthly basis as per schedule. The members of the Standing Committee(Staff Side) had, therefore, shown their anguish in the last meeting of the Standing Committee of the National Council(JCM) held on 7th May, 2014 because of inactiveness of the NC/JCM Forum.

You may appreciate that the Joint Consultative Machinery was constituted in the year 1966 on persuasions of Late S/Shri Guljari Lal Nanda and Jaisukh Lal Hathi, the then Hon’ble Minister for Home Affairs and Minister of State for Home Affairs, respectively, with a view to create congenial atmosphere between the Government(Official Side) and the Employees(Staff Side) to secure mutual confidence in the interest of industrial harmony. After its constitution, this machinery had performed well and proved to be an effective tool for resolving many important issues related to the Central Government Employees, thereby avoiding confrontation and conflict. It is, however, a matter of concern that, with the passage of time, this forum is becoming ineffective in achieving its objective, more so because even its regular meetings are not being convened as per schedule, what to talk of resolving the issues, on account of which, serious discontentment is brewing among the Central Government Employees.

I, therefore, on taking over as Secretary(Staff Side), National Council(JCM) on 11.03.2014, after sad demise of Late Umraomal Purohit on 27.02.2014, have been making sincere efforts for meeting with the Secretary, DoP&T and yourself as well.

It would, therefore, be quite appropriate that the Joint Consultative Machinery should be made effective, and strengthened by increasing the participation level also, which, I am sure, would prove to be an effective tool to resolve major issues related to more than 36 lakh Central Government Employees and provide better motivation and proper working environment for them.

I would, therefore, request you that the meeting of the National Council(JCM) may be convened at the earliest possible so as to resolve various long pending major issues pertaining to Central Government Employees.

With kind regards!

Sincerely yours,
(Siva Gopal Mishra)

Shri Ajit Kumar Seth,
Cabinet Secretary,
Government of India,
New Delhi

Source: http://ncjcmstaffside.com/wp-content/uploads/2014/06/Holding-of-meeting-of-National-CouncilJCM.pdf

Be the first to comment - What do you think?  Posted by admin - at 8:24 am

Categories: Employees News   Tags: , , ,

Merger of DA with Pay and sanction of Interim Relief for the Central Government Employees.

Merger of DA with Pay and sanction of Interim Relief for the Central Government Employees.
Shiva Gopal Mishra
Secretary
National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozashah Road. New Delhi – 110001
No.NC/JCM/2014
Dated: June 12, 2014
The Cabinet Secretary
And
Chairman National CounciI(JCM),
Government of India, North Block, New Delhi
Resp. Sir,
Sub: Merger of DA with Pay and sanction of Interim Relief for the Central Government Employees.
I take this opportunity to bring to your kind notice that, while Government of India have appointed 7th Central Pay Commission for the Central Government Employees to make recommendations in regard to revision of wages and other allowances, merger of Dearness Allowance with Pay and payment of Interim Relief have neither been considered by the government itself nor included in the Terms of Reference(ToR)
of the VII CPC.
It may be recalled that the two issues, viz. Merger of Dearness Allowance with Pay and Interim Relief have been the subject matter with the government at the time when the Staff Side was called upon to present their views while finalizing the ToR of the VII CPC by the Secretary(PersonneI, DoP&T), in his capacity as Chairman, Standing Committee, National CounciI(JCM). Although, the Staff Side pleaded for the specific reference of the above two issues to the VII CPC, the final version of the ToR, as approved by the government, did not find place for our views.
It would not be out of context to mention here that the methodology adopted for compensating the erosion in the real value of wage on account of price hike refiected in the rate of Dearness Allowance paid to Government Employees. The merger of DA to partially compensate the erosion in the real wages was done in pursuance of the report of Gadgil Committee in the post 2“ Pay Commission. This has, thereafter, been continued in the successive Central Pay Commissions also, wherein up to 50% of DA has been merged with the Pay when Dearness compensation exceeded 50%.
Dearness compensation has already reached 100% as on 01.01.2014, and it is further likely to exceed w.e.f. 01.07.2014, therefore, it would be grossly justified that, at least 50% DA be merged with Pay to compensate the erosion of the real value of the wages immediately.
The 7th CPC, appointed by the Government of India, has though started its functioning, nevertheless its report is expected to be available not earlier than 1 and 1/2 years time and because of uncontrolled skyrocketing price hike of essential commodities in the market, the real value of the wages is eroding the greatest extent, which is in no way being compensated even by sanction of Dearness Allowance/Dearness Relief.
It would, therefore, be imperative that, at least 25% of the Basic Pay of Central Government Employees, but not less than Rs.2000 should be sanctioned as “lnterim Relief” with immediate effect to compensate the sharp erosion in the real value of the wages.
We request your early intervention in the matter so as to provide necessary relief to the Central Government Employees.
sd/-
(Shiva Gopal Mishra)
Source: www.ncjcmstaffside.com
[http://ncjcmstaffside.com/2014/merger-of-da-with-pay-and-sanction-of-interim-relief-for-the-central-government-employees/]

Be the first to comment - What do you think?  Posted by admin - June 14, 2014 at 4:32 pm

Categories: DA Over 50%, Employees News, Expected DA, Latest News   Tags: , , , , , , , ,

« Previous PageNext Page »