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Stoppage of Direct Recruitment in Group-D Posts in Central Govt. Offices: Agenda Item 47th NC(JCM) Meeting

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Stoppage of Direct Recruitment in Group-D Posts in Central Govt. Offices: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.4 DoPT
6.4.2. Item No. 1/19/NC-47 -Stoppage of Direct Recruitment in Group-D Posts in Central Govt. Offices.

Staff Side stated that the 6th CPC"s recommended stoppage of direct recruitment in Group-D posts. Duties of Group-D staff (Peons, Daftries etc.) mainly constitute storing and retrieving of files / records / documents, etc. Stoppage of direct recruitment in Group-D posts will shut the door to Govt. employment for lakhs of unemployed youth including those from families of SC/ST/OBC, who are less privileged and live Below Poverty Line and could not continue their studies beyond class- VIII standard due to poverty and other socio economic circumstances. The 6th CPC has argued for outsourcing of work and for contract labour which will lead to exploitation.

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Reply of the Official Side:

Since all erstwhile Group D have been converted into Group -C and as such Group-D posts do not exist anymore in Central Govt. Hence, the matter may be closed.

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Item No.2/19/NC-47 - Arbitration Awards.

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Arbitration Awards and JCM Coverage: Agenda Item 47th NC(JCM) Meeting

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Stoppage of Direct Recruitment in Group-D Posts in Central Govt. Offices: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.4 DoPT
6.4.3  Item No.2/19/NC-47 - Arbitration Awards.
Staff Side stated that 16 awards from the Board of Arbitration, pending for number of years, were discussed conclusively in the past. These awards may be discussed afresh and methods may be devised to implement them.

Reply of the Official Side:

The concerned departments, including DoPT, are of the view that the Awards are fairly old and the issues covered have lost relevance after the successive Pay Commissions. The Awards are at various stages of rejection and as such, the demand cannot be accepted. The Chairman advised that Additional Secretary, Department of Personnel & Training, may review the issue in a separate meeting with the Staff Side.
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6.4.3 Item No. 4/19/NC-47 - JCM Coverage.

Staff Side stated that the JCM Scheme has been introduced on the pattern of Whitley Council but covers only Group "C" and erstwhile Group "D". Central Secretariat Group B Gazetted/ Non-gazetted are also covered. After the 6th CPC, many posts earlier classified as Group C have now been classified as Group B Gazetted, and have been taken out from JCM. If this continues, a time would come when none of the employees shall be in Group C, and therefore they too would be out of coverage of JCM.

All the posts which were Group C or Group D at the inception of JCM Scheme should be continued to be covered under JCM. The demand is that all posts covered by PB-1 and PB-2 may be deemed to be Group C posts for the purposes of JCM coverage .

The Staff side reiterated that their demand was to continue the eligible cadres to represent at the JCM as was conceived when the scheme was launched. They added that their demand was not for inclusion of any new cadre or grade in the JCM. The present order of the DOPT shuts out many non gazetted cadres and grades from the purview of JCM artd conseqnently put them in a very disadvantageous position of not having able to seek redressal of their grievances. They requested for an expeditious decision in the matter.
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Reply of the Official Side:

This item was discussed in the JCM Standing Committee under Secretary, DoPT. The stakeholder Departments with large number of employees, such as Railways, Defence, Posts, etc. are being consulted in this regard and a suitable decision shall be taken soon.
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Item No.6/19/NC-47: Washing Allowance

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Washing Allowance @ Rs.60/- pm with effect from 1.8.1997: Agenda Item 47th NC(JCM) Meeting

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Washing Allowance @ Rs.60/- pm with effect from 1.8.1997: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.4 DoPT
6.4.5 Item No.6/19/NC-47: Washing Allowance

Staff Side stated that Board of Arbitration in CA reference No. 1 of 2004 had given the Award "The Government is directed to pay Washing Allowance to Central Government employees who are given uniforms at the rate of Rs. 30/- pm. with effect from 15.11.1995, and @ Rs.60/- pm with effect from 1.8.1997". Though the award was given on 28.04.2005 and its implementation with modifications was discussed, decision to implement it even prospectively from 2006 has not been taken so far.

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Reply of the Official Side:

The demand of the Staff Side has been met to a considerable extent. The said Award is under submission to the Competent Authority for consideration.
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Item No. 12119/NC-47 - Stepping up of pay of Seniors with that of juniors under ACP and MACP.
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Stepping up of pay of Seniors with that of juniors under ACP and MACP: Agenda Item 47th NC(JCM) Meeting

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Stepping up of pay of Seniors with that of juniors under ACP and MACP: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.4 DoPT
6.4.6 Item No. 12119/NC-47 - Stepping up of pay of Seniors with that of juniors under ACP and MACP.

Staff Side stated that the MACP has come into force on 01.09.2008. The earlier financial upgradation scheme (ACP or otherwise) were applied up to 31.08.2008. Seniors who got financial upgradation before 01.09.2008 are drawing lesser salary than their juniors who got financial upgradation under MACP. A provision may be made as a special case that seniors under old scheme(s) are granted stepping up of pay to the level of their juniors.
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Staff Side raised the issue concerning the date of effect of MACP, though the agenda item did not pertain to it. They said in support of their statement, staff side that the Supreme Court has finally given the verdict on this issue through a judgment, which the Government has implemented in the case of Armed personnel, who had approached the Honorable Court. They pointed out that the National Litigation policy of the Government prohibits them to drag the people to the court on an issue on which finality has.been reached. Despite the staff side writing to the Government thrice in the matter, the Government has not issued orders applying the decision of the Supreme Court to the similarly placed civilian employees of the Government of India.

Reply of the Official Side:

In terms of decision taken in the meeting held on 27.07.2012 with the Staff Side relating to instances of senior employees who got benefit under ACP Scheme prior to 1.1.2006, and were drawing less pay than their juniors who got benefits under ACP Scheme after 01.01.2006 (i.e. between 01.01.2006 to 31.08.2008), it was decided in consultation with the DoE to allow stepping up of pay in cases where the senior, but for the pay revision on account of the 6th CPC would have continued to draw higher pay subject to certain conditions [Departments OM No. 35034/1/97-Estt(D) dated 04.10.2012].Barring this situation, no stepping up of pay was allowed in the ACP/MACP Schemes.

It was decided that the issue raised by the Staff Side should be re-examined.
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Item No. 14/19/NC-47 - Increase in Residency Period for future Promotion.
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Item No.6/19/NC-47: Washing Allowance

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Increase in Residency Period for future Promotion: Agenda Item 47th NC(JCM) Meeting

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Increase in Residency Period for future Promotion: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.4 DoPT
6.4.7 Item No. 14/19/NC-47 - Increase in Residency Period for future Promotion.

Staff Side stated that the residency period has been increased for future promotions in certain categories like Ad.min Cadre, Storekeepers which has adversely affected the staff. For example, in the pre-revised pay scale, before the 6th CPC, 16 years was the time to reach gazetted posts now it has been increased to 23 years. The residency period for future promotion may be reduced to as it was before the 6th CPC implementation.

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Reply of the Official Side:

The issue has been examined. However, no example could be found in which the residency period has been increased from 16 to 23 years. In case Staff Side finds any such example, they should come up with that so the issue can further be examined.

Staff Side agreed to bring specific instance, if any, to the notice of the Official Side.

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Fixation of Pay in case of employees who seek transfer to a lower post under FR-15(a): Agenda Item 47th NC(JCM) Meeting

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Fixation of Pay in case of employees who seek transfer to a lower post under FR-15(a): Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.4 DoPT
6.4.8 Item No. 15/19/NC-47 - Fixation of Pay in case of employees who seek transfer to a lower post under FR-15(a).

Staff Side stated that DoPT, vide F No.16/6/2001-Estt.Pay- l dated, 14.02.2006, have issued instructions about the protection of pay to those employees who have been appointed/ transferred to the lower posts at their own request under FR-15(a) . However, DoPT in supersession of this clarification, have issued a revised OM F No. 13/9/2009-Estt.(Pay-1) dated 21/10/2009, which has taken away the benefit of pay protection up to the maximum of the pay scale of the lower post. This has put the employees to undue hardship. It is demanded that the pay of au employee (pay in the pay baud + GP) may be protected on reversion to a lower post so as to avoid undue financial hardship.
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Staff Side pointed out that the grade pay system has not introduced any new concept in so far as the determination of the levels in which the officials were functioning. Earlier it was the time scale of pay and after 6th CPC it was grade pay. The pay protection was available earlier and it has been withdrawn without any reasons. Earlier also, the employees were seeking reversion voluntarily and they were protected of their pay. As the 7th CPC has abolished the grade pay system, the Government must revert to its earlier order and withdraw the one cited in the agenda.

Reply of the Official Side:

The proposal may not be accepted as the post is identified on the basis of grade pay attached to it and the Govermnent Servant himself opts for appointment on such a post, of his own volition.

This item may be treated as closed.
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LTC for Dependent parents to visit their son at his duty station and to go back to native place: Agenda Item 47th NC(JCM) Meeting

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LTC for Dependent parents to visit their son at his duty station and to go back to native place: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.4 DoPT
6.4.9 Item No. 19/19/NC-47 - LTC for Dependent parents to visit their son at his duty station and to go back to native place.

Staff Side stated that Government employee and his family are allowed LTC to go to their native place and go back to duty station 2 times in a block of 3 years. The parents of most of the govt. servants prefer to live at their native place, though dependent on the govt. servant. It is suggested that in the first year/next year, the serving employee and his family may be permitted to go on LTC to their native place to meet their parents. In the next or the first year, the parents, if dependent on the Government servant, may be permitted to go from native station to duty station of their son/ daughter on LTC and to return to their native place.

Reply of the Official Side:

DoPT has already issued an OM on 31.10.2017 [click to view]. Hence, the demand of Staff Side has been accepted.

The item may be treated as closed.
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Revised Scheme of Compassionate Appointment & the case of wife of Medically invalidated/boarded out employees: Agenda Item 47th NC(JCM) Meeting

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Revised Scheme of Compassionate Appointment & the case of wife of Medically invalidated/boarded out employees: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.4 DoPT
6.4.10 Item No. 20/19/NC-47 - Revised Scheme of Compassionate Appointment.

Staff Side stated that DoPT in their O.M. F. No. 14014/2/2009- Estt.(D) dated 11.12.2009, decided that persons applying for appointment on compassionate grounds, but not immediately meeting the educational qualification standards, may, in exceptional circumstances, be engaged as trainees who would be given regular pay bands and grade pay only on acquiring the minimum qualification prescribed under the Recruitment Rules. Emoluments of these trainees, during the period of their training, and before they are absorbed in the Government as employees, would be governed by the minimum of the -1S Pay Band Rs. 4400-7440, without any grade pay. Persons appointed on compassionate grounds not meeting the educational standards of matriculation, and during the period of training which should not be more than six months, may be granted -1S Pay Band Rs. 4400-7700, plus grade pay of Rs.1300. After completion of the six month training, they may be placed in Pay Band 1 Rs.5200-20200 with Grade Pay of Rs. 1800 with effect from the date of their initial appointment.
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Reply of the official Side:

The 7th CPC has not provided any replacement scale for the 1S pay band of the 6th CPC, which is granted to trainees under compassionate appointment. After consultation with DoE, it has been decided vide OM No. 14014/2/2009-Estt.(D) dated 09.10.2017 that Level-1 of Pay Matrix introduced after the 7th CPC shall be the replacement for the pre-revised -IS scale. The instructions on compassionate appointments, inter-alia, provide for appointment of the candidates, not immediately meeting the educational standards, as trainees. The period of service spent as a trainee is not counted as service for any purpose. The regular service commences only on acquiring the minimum educational qualification provided in the applicable Recruitment Rules. Hence, the demand of the Staff Side has been partially accepted.

Staff Side also pointed out that while educational qualification is not insisted for widows for compassionate appointment, Educational qualification is insisted in the case of wife of Medically invalidated/boarded out employees. This anomaly may be rectified and the wife of employees who are medically invalidated should also be treated at par with the widows for granting compassionate appointment.

Chairman suggested that the issue may be sympathetically re-examined.

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Creation of NFSG grade in cadre of UDC/ Stenographers in all offices outside Secretariat.: Agenda Item 47th NC(JCM) Meeting

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Creation of NFSG grade in cadre of UDC/ Stenographers in all offices outside Secretariat.: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.4 DoPT
6.4.11 Item No.22/19/NC-47 - Creation of NFSG grade in cadre of UDC/ Stenographers in all offices outside Secretariat.

Staff Side stated that DoPT vide O.M.No.20/49/2009-CSII(B) dated 22.06.2011 have created a grade called the NFSG for UDCs in the CSCS cadre and stenographers Gr. D in the CSSS. As UDCs and Stenographers Grade D are cadres common to all departments and the 6th CPC has recommended parity in pay structure up to the post of Assistants, similar NFSG grades of UDCs and Stenographers Grade II may be created in all offices outside Central Secretariat, subject to the same conditions.
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Reply of the Official Side :

The aforesaid proposal is being examined in DoPT with respect to the earlier Pay Commission recommendations and conditions of service in all offices outside the Central Secretariat.
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Item No.23/19/NC-47 -Hostel Subsidy.

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7th Pay Commission Hostel Subsidy for hostel located beyond a distance of 50 kilometers: Agenda Item 47th NC(JCM) Meeting

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7th Pay Commission Hostel Subsidy for hostel located beyond a distance of 50 kilometres: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.4 DoPT

6.4.12. Item No.23/19/NC-47 -Hostel Subsidy.

Staff Side stated that DoPT OM No. 12011/03/2008-Estt (Allowances) dated 02.09.2008, provides that the hostel subsidy will be reimbursed up to a maximum limit of Rs. 3000 per month per child subject to a maximum of two children and that both hostel subsidy and Children Education Allowance cannot be availed concurrently. However, in O.M dated 11.11.2008 it has been clarified that hostel subsidy means expenses incurred by the government servant if he has to keep his children in the hostel of a residential school away from the station at which he is posted/ or is residing. This restriction has neither been recommended nor was laid down by the government while accepting the relevant recommendation. Hostel subsidy should be granted to government servant who has kept his children in any hostel away from the station at which he is posted I or is residing. By way of another clarification in DoPT O.M. No. 12011/08/2011-Estt (AL) dated 30.12.2010 it has been clarified that for the purpose of hostel subsidy, station would be demarcated by the first three digit of the PIN Code of the area where the government servant is posted I residing which means the entire revenue district. This restriction may also be done away with so that government servant is allowed to reimburse hostel expenses on children living in hostel located away from the place where he is living I posted, may be in the same revenue district.
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Reply of the Official Side :

Based on the recommendations of the 7th CPC, the amount of ceiling of hostel subsidy has been revised upwaeds to Rs.6750/- p.m. Further, the CEA and hostel subsidy can now be claimed concurrently. Further, vide DoPT OM dated 31/5/2012, the term "Hostel Subsidy" would mean expenses incurred by the Government servant if he/she keeps his/her children in a hostel of a residential school/institution located beyond a distance of 50 kilometers from his/her residence. The PIN Code based reimbursement no longer exists. Hence, the demand of the Staff Side has been accepted.

This item may be treated as closed.
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Item No.26/19/NC-47 -Revision in rates of Sewing Charges of Uniform.


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Revision in rates of Sewing Charges of Uniform: Agenda Item 47th NC(JCM) Meeting

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Revision in rates of Sewing Charges of Uniform: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.4 DoPT
6.4.13 Item No.26/19/NC-47 -Revision in rates of Sewing Charges of Uniform.

Staff Side stated that the sewing charges of uniform were revised vide DoPT order No.14/3/2006-JCA dated 28.9.2006. There has been steep rise in the sewing charges during last 5 years. At present these rates have practically trebled. It is, therefore, proposed that sewing charges for unifonns may at least be doubled.

Reply of the Official Side :

It was decided to enhance the rates of sewing charges, with effect from 01.04.2011, thereby modifying the earlier instructions issued vide O.M. No. 14/3/2006-JCA dated 28.09.2006. Now, after the 7th CPC, the common categories of Group C and erstwhile Group D employees of various Ministries/departments, including attached/subordinate offices, who were supplied uniform earlier are now being paid Dress Allowance.

This item may be treated as closed.
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Item No.29/19/NC-47 - Revision of Sports increment

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Revision of Sports increment: Agenda Item 47th NC(JCM) Meeting

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Revision of Sports increment: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]


6.4 DoPT
6.4.14 Item No.29/19/NC-47 - Revision of Sports increment

Staff Sided stated that in order to encourage sports activities, every department has been permitted to recruit sports personnel and maintain teams at the Government cost. However, presently practice of providing incentive to sports personnel varies from department to department as there are no uniform guidelines. It is necessary that some general guidelines must be issued in this regard.

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Reply of the Official Side :

DoPT has issued guidelines from time to time on the issue of special increment in the form of personal pay to Central Government Servants for participation in sporting events and tournaments of national or international importance. Vide OM dated 11.06.2018, DoPT has revised the rates of these increments in the context of the 7th CPC applicable to all the Central Government Civilian Employees and posts.

This item may be treated as closed.
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Litigation cases on service matters - benefits of court judgement to all similarly placed employees: Agenda Item 47th NC(JCM) Meeting

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Litigation cases on service matters - benefits of court judgement to all similarly placed employees: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]


6.4 DoPT
6.4.15 Item No.31/19/NC-47 -Litigation cases on service matters.


Staff Side stated that Secretary (Personnel) vide DO Letter No. 43019/11/2014- Estt.(D)dated l 7.06.2014 has advised all the administrative departments to address service matter grievances raised by the employees as indicated in the representations, the number of avoidable litigations would not only get reduced but also resulting considerable savings of governments resources, both manpower as well as financial.

Some issues represented by the Staff Side have not been settled due to which the employees are forced to approach CAT for redressal of their genuine grievances. Some of the judgments given in favour of the employees on policy matters are either implemented to the petitioner only or government has filed appeal etc.
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Staff Side said that their demand was not to implement all court cases. They only wanted that those cases, on which finality has been reached, either by the acceptance of the judgment by the Government or having exhausted all avenues for appeal and where general principles covering all similarly placed personnel, the Government must issue general orders without dragging the employees to costly litigations.

Reply of the Official Side :

The demand from the Staff Side is to extend the benefits of court judgments to all similarly placed employees. Court judgments which are contrary to Govt. policy can be implemented only in consultation with DoPT or DoE as case may be. As such, the demand for extension of all court judgments to all the employees cannot be accepted.

Chairman observed that in order to avoid unnecessary litigation, in matters, where after due examination and after exhausting all legal remedies at the Government level, the core principle forming the basis of Court order is accepted by the Government, concerned Ministries/Departments may consider applying the same principle to similarly placed employees to the extent it is relevant and possible.
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Item No. 8/19/NC-47 - Granting temporary status to all eligible casual laborers.

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Granting temporary status to all eligible casual laborers: Agenda Item 47th NC(JCM) Meeting

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Granting temporary status to all eligible casual laborers: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]


6.4 DoPT
6.4.16 Item No. 8/19/NC-47 - Granting temporary status to all eligible casual laborers.

Reply of the Official Side:

As per the Scheme of 1993, those casual labourers who were on the rolls of the Ministry on the cut-off date and had completed 240 days (205 days in case of offices observing five day week), as on the cut-off date were eligible for grant of temporary status and subsequent regularization under the Scheme of 1993. Furthermore, as per DoPT's O.M. No. 40011/6/2002-Estt(C) dated 06.06.2002 based on the Mohan Pal judgement, it was clarified that the 1993 Scheme for casual labours was a one-time measure. However, the Hon'ble Supreme Court also directed that those who have been erroneously given Temporary Status till the date of the judgement i.e. 29.04.2002, shall not be stripped of the same and will be deemed to have been covered under the Scheme of 1993. Nonetheless, the Scheme of 1993 issued by DoPT is not applicable to M/o Railways, D/o Telecommunications and D/o Posts since they have their own schemes similar to the above Scheme. Therefore, the cases of casual labourers working in the above Departments are not under the purview of DoPT.
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Furthermore, the orders issued vide OM, dated 11.12.2006 are not related to the Scheme of 1993 and should not be linked with each other in any case. These instructions which were issued subsequent to the judgement of the Constitution Bench in the Secretary, State of Kanataka Vs Uma Devi case are not limited to casual labourers. The operative part of the above judgement is the Union of India, the State Governments and their instrumentalities should take steps to regularize as a onetime measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of courts or of tribunals and should further ensure that regular recruitment are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed.

It is also stated that in the O.M. dated 11.12.2006, all the above provisions are specified clearly leaving no space for my ambiguity. There is no mention of granting of any kind of temporary status in the above OM or my mention of any revised cut-off date. Since the above OM is quite clear, there seems to be no need lo issue any clarifications.

This item may be treated as closed.
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GPF for those who have been recruited on or after 1.1.2004: Agenda Item 47th NC(JCM) Meeting - Discussion & Govt Reply

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GPF for those who have been recruited on or after 1.1.2004: Agenda Item 47th NC(JCM) Meeting - Discussion & Govt Reply

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.5 D/o Pension & Pensioners Welfare & D/o Financial Services:
6.5.1 Item No. 5/19/NC-47 - GPF for those who have been recruited on or after 1.1.2004.

Staff Side stated that employees who have been appointed on or after 01.01.2004 are covered by NPS, and while doing so, GPF deductions in respect of these employees have been abolished.

The contribution made under NPS is fully locked for the entire tenure of the service. During the service, employees may require advances or final payments to meet social obligations like marriages etc. It is, therefore, necessary that employees may be allowed to contribute to GPF.
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Staff Side further said that their demand was for the re-introduction of GPF, where the Government has no liability except paying interest, and added that the saine may be made optional unlike in earlier days. The benefit accrued from Tier II contribution under NPS and GPF is not one and the same.

Reply of the Official Side :

All new recruits, after 01.01.2004, have been given the option of opening Tier II account under NPS in lieu of GPF and there is no restriction on the withdrawals from Tier-II. NPS provides complete flexibility with respect to contributions and withdrawal. PFRDA Regulations allow a partial withdrawal from NPS Tier-I upto 25% of the contributions made by the subscriber, at any time-before exit from NPS. Such partial withdrawal from NPS is allowed if the subscriber has been in the NPS for at least three years and is allowed for maximum three times for certain specified purposes such as marriage of children, purchase of house, medical treatment etc. Pursuant to the recommendations of Committee to suggest measures for streamlining the implementation of the NPS, a number of steps have been taken. After discussions, the official side agreed to examine whether the existing ceiling of withdrawal of 25% from NPS Tier- I could be further increased.
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Eligibility of Unmarried/divorced/widowed and dependent real sister of Govt. servant/pensioners for Family Pension.: Agenda Item 47th NC(JCM) Meeting

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Eligibility of Unmarried/divorced/widowed and dependent real sister of Govt. servant/pensioners for Family Pension.: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.5 D/o Pension & Pensioners Welfare & D/o Financial Services:
6.5.2 Item No. 21/19/NC-47 - Eligibility of Unmarried/divorced/widowed and dependent real sister of Govt. servant/pensioners for Family Pension.

Staff Side stated that government have already included widowed/ divorced/ unmarried and dependent daughters, who have attained 25 years of age, in the definition of family for family pension. Dependent disabled siblings (i.e. real brothers/ sisters) are also now eligible for family pension. Unmarried/ divorced/ widowed dependent real sister of a Government servant / pensioner may also be made eligible for family pension.
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Reply of the Official Side :

It was a considered decision of the government to grant family pension to dependent disabled brothers and sisters of Central Government Employees/ Pensioners. There are no fresh grounds to reconsider this decision and to extend family pension to all dependent siblings.

The Chairman desired that this may be re-examined.
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Extension of constant attendant allowance to totally visually handicapped pensioners: Agenda Item 47th NC(JCM) Meeting

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Extension of constant attendant allowance to totally visually handicapped pensioners who retired under CCS(Pension) Rules, 1972: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.5 D/o Pension & Pensioners Welfare & D/o Financial Services:
6.5.3 Item No. 24/19/NC-47-Extension of constant attendant allowance to totally visually handicapped pensioners who retired under CCS(Pension) Rules, 1972. 

Staff Side stated that government have extended Constant Attendant Allowance at the rate of Rs.3000 pm. to disabled pensioners in addition to disability pension, thus recognizing that such pensioners in their old age will have to engage someone as their constant attendant. Such pensioners (i.e. those who are visually impaired or with impaired legs or with children with special needs, of a pensioner entitled for family pension) may also be extended Constant Attendant Allowance with increase of 25% every time the DA goes up by 50%.
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Reply of the Official Side :

The benefits of Constant Attendant Allowance to handicapped pensioners (i.e. those who were visually handicapped or with impaired legs) and mentally handicapped children of a pensioner entitled for a family pension is not agreed to. Therefore, the demand of the Staff Side has been turned down.

This item may be treated as closed.
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Revision of pension and family pension in favour of the pensioners who were receipt of compulsory retirement pension and compassionate allowance: Agenda Item 47th NC(JCM) Meeting

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Revision of pension and family pension in favour of the pensioners who were receipt of compulsory retirement pension and compassionate allowance: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.5 D/o Pension & Pensioners Welfare & D/o Financial Services:
6.5.4 Item No.25/19/NC-47 - Arbitrary orders denying revision of pension and family pension in favour of the pensioners who were receipt of compulsory retirement pension and compassionate allowance under Rule 40 and 41 of the Central Civil Services (Pension) Rules, 1972. 

Staff Side stated that in terms of rule 40 & 41 of Central Civil Services (Pension) Rules, 1972, compulsory retirement pension and compassionate allowance are sanctioned and are revised at par with other pension. DoP&PW O.M. No. 38/37/08 - P&PW(A) dated 03.10.2008 has stated that there should not be any revision on the Compulsory Retirement Pension and Compassionate Allowance. Tills order will adversely affect the living standard of such retired employees.
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Staff Side said that the order of the DOPT cited in the agenda amounts to imposition of further penalty on a person who has already been punished once. This apart, they said that in all the past revision of pensions effected by the successive Pay Commissions, such revisions had been granted to those compulsorily retired personnel. They added that it was for the Government to take a view in the matter whether the compulsorily retired personnel must be given the benefit of minimum pension revision or not.

Reply of the Official Side :

As per the orders issued after 5th and the 6th CPC, the pension of past pensioners was revised by consolidating the pre-revised pension, dearness pension, dearness relief, interim relief and fitment benefit. These orders further provided an alternate method according to which the revised pension will not be less than 50% of the minimum pay in the revised pay-scale.

Sanctity of the penalty of reduced pension in such cases would be lost if the benefit of modified parity was also extended to the pensioners drawing compulsory retirement pension/ compassionate allowance.
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Hon'ble Kerala High Court, in its order dated 31.07 .2015 in OP(CAT) No. 108/2016, directed to grant pension based on the minimum pay in the revised pay- scale (modified parity). However, on the advice of the Department of Pensions, the Department of Posts filed SLP No. 6726/2017. After discussion on the issue, the Chairman asked the official side to re-look into the matter in the light of the submission of the Staff Side .
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Item No. 7/19/NC-47 - Exempt transport/running allowance from income-tax.

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Exempt transport allowance & running allowance from income-tax: Agenda Item 47th NC(JCM) Meeting

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Exempt transport allowance & running allowance from income-tax: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.6 CBDT/Department of Revenue
6.6.1 Item No. 7119/NC-47 - Exempt transport/running allowance from income-tax.

Staff Side stated that transport allowance upto Rs. 800/- pm has been exempted from taxable income. The revised TA ranges to Rs. 3200/- plus DA thereon. As such, TA upto Rs. 3200/-pm + DA thereon may not be treated income and be exempted from Income Tax.
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Staff Side said that transport allowance is in the nature of reimbursement of the expenses incurred by the officials. As Travelling allowance is not taxable, the transport allowance also could not be taxed. Standard deduction, the staff side pointed out, was not something new that was introduced in 2018 budget. It was in the statute earlier with much more benefit to the salaried tax payers. Those who are provided with transport vehicles, like staff cars etc., and consequently not in receipt of transport allowance have no tax liability. They added that treating transport allowance as taxable is discriminatory in character and asked the official side to reconsider the matter

Reply of the Official Side:

In Union Budget 2018, a standard deduction of Rs. 40,000/- in lieu of the present exemption in respect of transport allowance and reimbursement of miscellaneous medical expenses was introduced. So the present exemption in respect of TA (except in case of differently abled persons) has already been withdrawn vide notification dated 06.04.2018.

This item may be treated as closed.
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Item no. 10/19/NC-47 - Exempt the island special duty allowance, special duty allowance granted to employees in the north eastern region from the purview of income tax.

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Exempt the Island Special Duty allowance, NER Special Duty Allowance from the purview of income tax: Agenda Item 47th NC(JCM) Meeting

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Exempt the island special duty allowance, special duty allowance granted to employees in the north eastern region from the purview of income tax: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.6 CBDT/Department of Revenue
6.6.2 Item no. 10/19/NC-47 - Exempt the island special duty allowance, special duty allowance granted to employees in the north eastern region from the purview of income tax.

Staff Side stated that the Island Special Duty Allowance and Special Duty Allowance granted to employees in the North Eastern Region may be exempted from the purview of Income Tax.
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Staff Side wanted the Government to appreciate that the NE special duty allowance and the Andaman Special duty allowances are in the nature of reimbursement of expenses and are clearly beyond the ambit of taxable income. They requested the Government to exempt these allowances from taxation considering the fact that the officials are required to incur additional expenditure when posted to these places and the quantum of allowance would not even meet the expenses in full.

Reply of the Official Side :

With a view to improving the equity of the tax system, it has been the policy of the government to provide tax benefit for personal expenses only by periodically reviewing exemption available to the entire community of individual taxpayers. The current policy is to withdraw the individual allowance and allow a general deduction which would be available to all taxpayers. A standard deduction upto Rs, 40,000 or the amount of salary received per annum, whichever is less, is allowed. In view of this, the demand of the Staff Side is not feasible.

This item may be treated as closed.

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Item No. 36/19/NC-47 - Exemption from payment of income tax to Pensioners who have attained age of 80 years or more.

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