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NCCPA NEWS  LETTER

INCOMETAX PENSIONERS FEDERATION

NEW DELHI

E MAIL: itpfchq@gmail.com

Website address:itpfchq.blogspot.com

Manishinath Bhawan,

A/2/95 Rajouri Garden

‘New Delhi. 110 027.

18^th October, 2016

Dear Comrades,

               Because of the pooja festival and ensuing Diwali, the committee which was constituted in our last meeting did not meet this month.  We are proposing its meeting tobe held in the 2^nd week of November, 2016.  I am to inform you certain developments that have taken place in between our last communication and today.  The Committees on allowance and Pension entitlements met during this period.  Besides an informal meeting of the Committee headed by the Additional Secretary, Finance, to look into the grievances of the minimum wage and fitment formula was also held.  An elaborate Note was submitted to the Allowances Committee by the Staff Side of the National Council JCM , which inter alia included the enhancement of Fixed Medical Allowance.  The Staff Side has demanded a meeting of the Committee under the health Secretary.  It might come about without much delay.  We have been requesting our Pensioner comrades to send us a Note over the functioning of the CGHS in their States and their requirement for improvement.  We request all of you to kindly meet, discuss and formulate a Note and send the same to us through e mail prior to 10^th November, 2016, which would help us in preparing brief and agenda for the said meeting.  There was a single point demand that the rates for various hospitalization charges at all stations should be on par with the Delhi rates and the best hospital recognized in each Station who may be offered the Delhi rates.  For certain surgical operations, the Government must fix the rates at a quantum not less than charged by the AIIMS wherever the patient is undergoing such treatment.  Kindly think over these issues and prepare your note.  A comprehensive note will help us in formulating our demand in a cogent and logical manner.

               The Pension Committee met twice during this month. Viz. on 6^th October and 17th October, 2016.  Unlike other Committee, there had been fruitful discussions at the meetings. However, it has become clear that the Pension Department does not want the Option No. 1 is to be implemented at all.  They had been taking this stand right from the beginning.  We had been taking a stand that whatever recommended by the 7^th CPC must be acted upon.  If it brings about any anomaly, the same should be addressed later. It appears that some vested interest at play.  The NCCPA has issued an elaborate circular letter on this subject.  We are reproducing the same in full for the benefit of our members. 

               The NCCPA had been in touch with the Bharath Pensioners Samaj, one of the largest pensioners organisations in the country.  They have concurred with our view on the subject.  We have requested them to take initiative in bringing about all Pensioners organsiations on one single platform for this purpose and chalk out some action programme in the coming months.  We must play a very effective role in those struggles.  As you could see that this Government has unfortunately not accepted any of the suggestions of the employees for improvement of the 7^th CPC recommendations.  They (the Government) had in fact tried their best to factor in their views on the 7^th CPC at the fag end of its tenure, with the result the serving employees got the least rise in their wages in the post independent era.  The one and only recommendation of the 7^th CPC which elicited some appreciation was in respect of the pension fitment formula.  Now the Government will decide on the recommendation of the Pension committee to reject that too.  With that the slate will become blank and clean. 

               We had conveyed to all of you the sad demise of Com. Shambu Prasad of Bihar, who was trying to organize and mobilize the Income tax Pensioners in their State.   It is a great loss for all of us.  He was a very capable leader.  He came into the movement of the Central Government employees, when he was a member of the Central Secretariat Clerks Union.  On inter departmental transfer, which he had to seek because of the domestic compulsion he went over to our Department in Bihar.  He built the employees organization in Bihar  with great difficulties as the socio political situation in Bihar had fragmented any organizational function.  Not only be built up that organization, but made it militant too.  We bow before his eternal contribution to the organized movement of the employees .

               With greetings,

Yours fraternally,

K.K.N. Kutty

Secretary General.

NATIONAL CO-ORDINATION COMMITTEE OF PENSIONERS.

13.c Feroze Shah Road,m

 New Delhi. 110 001

President:                          Com. Shiv Gopal Misra.

Secretary General:          Com. K.KN. Kutty.

Dear Comrades,

As you aware the Government had set up a Committee to go into the feasibility of implementation of 7^th CPC recommendations concerning pension determination of pre-2016 pensioners/ family pensioners. The committee itself came into being due to the persistent postulations of the Pension department over the probable difficulties, the Department might encounter in fixing pension entitlement under option No.1 , recommended by 7^th CPC. The first formal meeting was held on 6.10.2016 with the JCM Staff Side.  Prior to that, we have been informed that the pension department had invited some pensioners Associations for a discussion on the same subject.  We are not aware of what ultimately transpired  in that meeting.

In the 6^th October meeting the official side virtually   reiterated what they said in the informal meeting about the difficulties in acting upon the Option No.1. suggested by the 7^th CPC, the anomalies it might create etc. To overcome and obviate the difficulties they proposed an alternative. i.e. to extend the pension fixation formula propounded  by 5^th CPC to all pre 2016 pensioners  and family pensioners. Viz. arriving at notional pay in 7^th CPC by applying the formula for pay revision for serving employees in each Pay Commission and consequent pension fixation)  

We have annexed the full text of minutes of the meeting of 6^th October 2016. The minutes as you know well, can not reflect the entire gamut of discussions at the meeting. The Staff Side had made out the following points during the discussions.

(a)   Even assuming that in about 18% of the cases service Books might not be available, it cannot be the  reason to conclude that  implementation of option No. 1 is infeasible. In fact it construes that in 82% of the cases, the service books are available and for that reason alone, the option suggested by the 7^th CPC is to be acted upon. Moreover, the Staff Side also said that hardily 40% of pensioners are likely to opt for  option No. 1 .  In that  case, only  in 7%  of the cases the non availability of Service Books will arise.

(b)   As the Government has accepted the recommendation (as indicated in the Notification issued),  what is required by the Committee is only to examine the feasibility thereof.

(c)    There are various other documents on which the Government can rely  upon like the Gradation list,(Seniority list),  Pay Bill, Establishment file etc. The Gradation list, the staff side added  contains all information. Including the date of promotion of the concerned individual to that grade.

(d)   Staff Side also agreed that acting upon option No.1 will bring about certain anomalies and the same must be addressed.

(e)   The depressed pension entitlement of those who retired without promotion, or who suffered stagnation in service, for no fault of theirs, especially the Group C and Group D employees must be appreciated.

(f)    The Staff Side said that they wholeheartedly welcome the alternative proposal i.e. extension of the 5^th CPC pension fitment formula to all pre-2016 pensioners  as that had been their demand in the memorandum submitted to the 7^th CPC itself.

(g)   The staff side  however, reminded the members of the Committee that the  extension of the 5^th CPC pension fitment formula had been the demand of the pensioners and the staff side before the 6^th CPC.  It was rejected on the specious plea of higher financial outflow.

(h)   nIn the light of the anomalies that might arise in accepting the 7^th CPC recommendation of Option No. 1, it is better, that the Government offers the same as third option, to be chosen by the pensioners on the basis of whichever is beneficial to them. 

(i)      At the end of the discussion, the  staff side said that they would cause consultation with all state holders and will express their firm view  at the next meeting which was stated for 17^{th  October, 2016.}

In the brief period that was available, the Staff Side did cause consultation with various Pensioners Association  and Federations and Associations of Serving employees.   That apart, the undersigned had a detailed discussion with Com. B.C. Maheswari, General Secretary Bharath Pensioners Samaj, one of the biggest pensioners organization in the country.

The staff Side met yesterday evening and the matter was  further discussed  at length with the feedback, it had received from various organizations as also from the Government.  It came to the inescapable conclusion that replacement of Option No.1. by the alternate suggestion put forth by the Committee would harm the interest of quite a large number of pensioners/family pensioners, especially those who had retired prior to 1996.  The meeting also appreciated the fact that the implementation of Option No.1. will bring about a situation of anomalies in pension entitlement especially for those pensioners, who got their promotion at the fag end of their career.  They are likely to get lesser pension when compared to a pensioner who retired from a lower grade. Taking all these into consideration, the Staff Side decided that the alternative suggested by the Committee must be a third alternative which might reduce the gravity of anomaly and would bring about a better pension entitlement for certain section of the pensioners.  Accordingly, the decision has been conveyed to the Committee (both orally and in writing).  The copy of the letter the Staff Side has written is appended hereto.

 

During the discussions on 17^th it has become almost clear that the Committee would go ahead with the proposal of the Pension Department denying Option No.1. which would affect adversely the pension entitlement of a significant number of pensioners/family pensioners.  Perhaps it would be the first occasion that the Government chooses to reject a recommendation made by the Pay Commission.  With this rejection, the scenario would be complete in as much as this would be the first Government which has rejected every suggestion of the employees and Pensioners in implementation of the Pay Commission recommendation.  It has gone a step further in as much as it has tried to influence the 7^th CPC at the fag end of its tenure to ensure that the minimum wage quantum is reduced.   It may please be noted that the only one recommendation of the 7^th CPC which came in for some appreciation amongst the various stake holders was the Pension fitment formula i.e. Option No.1.  By its rejection, it can be concluded without difficulty that there is nothing in the 7^th CPC by virtue of which the employees and pensioners could state that some improvement has been effected in their service/career conditions. 

It must be our immediate  endeavour to bring about a joint platform of all pensioners organizations to chalk out a future course of actions in pursuance of the demand of implementation of  option No.1.   

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Copy of letter in No. NC-NJCM-2016/7^th CPC(Pension) from The  Secretary ,  Staff Side to

The  Secretary (pension)

Department of Pension& Pensioners Welfare,

Govt. of India,

Sardar Patel Bhawan,

New Delhi.

Dear Sir,

                              Sub:       7^th CPC recommendation. Pay determination in the case of

                                             Pre-2016 pensioners. Option No. 1. Examination of feasibility.                                                    Ref:        Minutes of the meeting of the Committee in F.No. 38/37/2016

 P&PW(A)Dated 10^th October, 2016

 We refer to the discussions held on 6.10.2016 in the matter of feasibility of acting upon the 7thy CPC recommendations (Option No. 1) in the matter of pension computation  and the minutes circulated under cover of the letter cited.   At the outset, we would like to state that the members of the Staff Side, who were associated with the discussions, gained an impression that the Pension Department would not like to implement the recommendation of the 7^th CPC concerning Option No. 1 provided to the Pensioners in determination of the revised pension. As has been pointed out by us during the discussions on 6^th October, the Government has accepted the said recommendation with a rider of its feasibility of implementation.  The attempt, therefore, must be to explore the ways and means of implementing the said recommendation, which benefits a large number of retired personnel, especially those retired prior to 1996. It is, therefore, highly doubtful how any alternate proposal in replacement of the accepted recommendation would be tenable. 

We have the matter considered by various Pensioners Associations as also the Federations of the Serving employees. We enumerate hereunder  the  feed- back we have received:

Even according to the exercise carried out by the Pension department, only in 18% of the cases, the service Books are reported to have been not available. Conversely it means that in 82% of the cases the records are available to operationalize option No.1. Besides, we find that on the basis of a random scrutiny that only 40% (Percentage  varies   from Department to Department depending upon the then prevailing career prospects) generally will opt to have pension fixation under the  provisions of   option No.1. It will work out to hardly 7% of the cases, where Service Books might not be available. As has been pointed out in the last meeting, Gradation/Seniority list is maintained for each Cadre by the Concerned Department, where the date of promotion to the cadre inter alia  is indicated. The said gradation list will reveal many other details viz. the date of birth, date of entry into government service, date of promotion to the present cadre, whether eligible for next promotion, date of superannuation etc.  This apart there are several other documents maintained by the Department, which will come in handy   for verification of the clam, viz, the pay bills, Establishment files containing promotion orders etc.   In other words it is possible to verify the claim of any individual pensioner or family pensioner and take appropriate decision.       In other words, there is no infeasibility question at all.   It was also pointed out by many organisations that the retention period of Service Books in all major Departments of the Government of India is 5 years after the death of the Pensioner/ Family Pensioner and not 3 years after retirement as indicated by the Official side at the meeting. This apart, it may also  be noted that the option has to be exercised by the concerned individual pensioner and he  has to make a formal application to the concerned authorities.  He is bound to substantiate his claim with documentary proof, whatever that is available with him. 

As was pointed out by some of us in the last meeting, the non- implementation of an accepted recommendation on the specious plea of infeasibility will pave way for plethora of litigation.  Apart from the administrative difficulties, the Pension Department would be saddled with if such litigations arise, it would be sad and cruel on the part of the Government to compel the pensioners to bear huge financial burden to pursue their case before the courts of law. 

In view of this the Staff side is   of the firm view  that the Government issue orders for implementation of Option No. 1 as there is no room for stating that the recommendation is impossible  to be implemented for those who are benefited by the said option. 

We are aware that certain anomalies are bound to arise on implementation of option No.1 Anomalies have arisen in the past too. What is needed is to examine those anomalies and ensure that those are genuinely addressed.

It may  be noted that even under the  present dispensation, no two  Government servants are entitled for the same pension despite they being retired on superannuation from the same grade on the same day. The promotion in lower cadres especially Group B, C and D had been few and far between a decade back in many  departments and continues to be the same  situation in certain organisations of the Government of India.  The vacancy based promotion system, one must admit , operates in a fortuitous manner.   For no fault of the individual employee, he/she  may retire without getting a promotion whereas his colleague due to sheer luck might get the promotion at the fag end of the career.  The case of those employees who retired prior to the advent of ACP or MACP is really pathetic.  They had to remain in certain departments in the same cadres for years together. They are in receipt of a  paltry amount of pension though there is nothing distinguishable in their service careers for such deprivation.  To deny them the benefit provided by the 7^th CPC on the specious plea that the relevant records are not available with the Government may not only be  unreasonable but also will not  stand the test of judicial scrutiny .

As we have stated in the meeting, the alternative suggestion put forth by the official side  is a  welcome feature , for it might be a step in the right direction to remove the anomaly pointed out by the Official side when  Option No.1 is implemented and will benefit those pensioners who got their promotion at the fag end of their career.. It is also likely to bring about certain extent of parity, if not full, between the old and the present pensioners.    However it cannot be in replacement of the recommendation in respect of Option No.1. made by the 7^th CPC.  The alternate suggestion of  the Pension Department may be offered as another option to the pensioners who are not benefited either by Option No. 1 or 2 recommended by the 7^th CPC. Such an option will eliminate to a great extent the anomalies that might arise from the implementation of option No. 1.

In fine,  we request that:

The Pensioners/family pensioners may be allowed to choose any one  of the following three options;

(a)    2.57 time of the present pension if that is beneficial.

(b)    Option No. 1. Recommended by the 7^th CPC, if that is beneficial for them.

( c).  to determine the Pension on the basis of the suggestion placed by the Pension Department on 6.10.2016 i.e. extension of   the benefit of pension determination recommended by the 5^th CPC (viz. arriving at notional pay in the 7^th CPC by applying formula for pay revision for serving employees in each Pay Commission and consequent pension fixation)  to all pre-2016 Pensioners/family pensioners, if that becomes beneficial to them. 

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Copy of the Minutes of the meeting of the Committee set up to examine feasibility of implementation of recommendation of Seventh CPC for revision of pension of Pre-2016 pensioners held on 6.10.2016 at Sardar Patel Bhawan, New Delhi.

The 6" Meeting of the Committee for examination of feasibility of implementation of recommendations of Seventh Central Pay Commission for revision of pension of pre-2016 pensioners was held under the Chairmanship of Shri C. Viswanath, Secretary (Pension) on 6.10.2016 at Sardar Patel Bhawan, New Delhi. This meeting was called for seeking the views of the Staff side of JCM on the feasibility of implementation of  the first option for revision of pension of pre 2016 pensioners recommended by the Seventh Central Pay Commission.The following were present from official side:

Sh. Ashok Kumar Dash, Member (Personnel), Department of Posts.

Ms. Santosh, Joint Secretary, Department of Ex-Servicemen Welfare,

Sh. Rozy Agarwal, Joint CGDA, Ministry of Defence,

Sh.          R.K.       Chaturvedi,             Joint        Secretary,               Implementation      Cell, Department of Expenditure,

Sh. Sanjay Singh, Chief Controller (Pension), CPAO (representing Controller General of Accounts).

Sh. Tanveer Ahmed, Executive Director, Railway Board (representing Member (Staff)).

The following were present from JCM ( staff side):

Shr i Shiv Gopal Mishra, Secretary, JCM.

Shri  Guman Singh, Member

Shri J.R. Bhosale

Shri K.KN. Kutty

Shri C, Shrikumar

Shri R.D. Gupta.

               Welcoming the members of the Committee and the representatives of the JCM (Staff Side) Secretary ( Pension ) requested Additional Secretary(Pension) to make a presentation.

               In her presentation Addl. Secretary Pension brought out the position regarding the requirement of records and the factors which may affect the feasibility of arriving at the notional pay, in Seventh CPC by counting increments in the last scale of pay as recommended by the Pay Commission.  She also mentioned about the anomalies that are likely to arise in the process.  The presentation brought out the methodology adopted by the Committee to examine the feasibility of the first option and the finding of the committee in this regard.  She mentioned that the service records for increment method may not be available in around 18.3 percentage of the cases.  The difficulties in extracting the information from the records and determining the exact number of the increment for revision of pension under first Option were explained. She indicated that the Committee has found that the alternative method of arriving at notional pay in 7^th CPC by applying formula for pay revision for serving employees in each pay commission and giving 50% of this as pension to be beneficial for all pensioners in comparison to the fitment method.

               Thereafter, Secretary Pension requested the members of the JCM staff side for their views  on the feasibility of the first option. 

               The representatives of the JCM Staff Side mentioned that in their representation to the 7^th CPC, they had suggested revision of pension of pre 2006 pensioners by notional pay fixation in each successive pay commission period.  However, the Pay Commission recommended the revision of pension by fixing the notional pay on the basis of the increments earned in the last post. 

               The JCM Staff Side mentioned that the Cabinet has approved revision of pension by the first option(increment method), if its implementation is found feasible after examination by the committee.   They mentioned that in additional to the Service book, or personal file, the details of increments earned can be ascertained from the gradation/seniority list issued by the departments from time to time.  Therefore,  one cannot say that the first option recommended by the Pay Commission is not feasible on the ground of the non availability of records.  In regard to the perceived anomalies, the Staff Side stated that anomalies arose in implementation of the recommendations of all previous pay commissions.  Such anomalies can always be rectified through the mechanism of Anomaly Committee.

               On the alternative method of revision of pension by notional pay fixation  in each Pay Commission the staff Side felt that the pensioners who are likely to get higher benefits by increments method may not accept revision of pension  by pay fixation method.  This may, therefore, lead to litigation.

               After detailed discussion,  the staff side sought time to consider the alternative method of fixation of notional pay in each intervening pay commission for revision of pension as on 1.1.2016 before submitting their final views in this regard.  It was accordingly decided to have another meeting with the JCM staff side on 17.10.2016 at 10.00AM.  The meeting ended with a vote of thanks to the Chair.

O0o

INCOMETAX PENSIONERS FEDERATION

NEW DELHI

E MAIL: itpfchq@gmail.com

Website address:itpfchq.blogspot.com

Dated: 10.09.2016

  Dear Comrades,

The National Secretariat meeting of the ITPF was scheduled to be held at Delhi on 4^th September, 2016.  The said decision was taken in our last meeting. It appeared that many of the members had forgotten of this decision and it was surprising for them when communication in the form of SMS was sent by the undersigned a few days prior to 4^th.   Since many of them had not booked their ticket well in advance, it was not possible for them to reach Delhi at such short notice.  However, the meeting had to be held as a few of our comrades had already reached and the issues  slated for discussion was not possible to be deferred indefinitely. Thus only the following comrades attended the meeting.

Com. Lajpat Rai, Patron, Com. K.K.N. Kutty, Secretary General, Com. Baswanand, Addl. Secretary, Com. C.M. Badola, Finance Secretary, Com. R.N Mohanty, Com. Shekawat and Com. Sheoji Misra .

The meeting was presided over by Com. Lajpat Rai.  At the outset it was decided that the suggestions/views  emanating from the meetings must be communicated to other members and their opinion on those issues might be elicited. 

Com. Secretary General informed the house that aginst the requisite number of six registered Associations, the Federation has been able to ensure that five of them got registered.  Viz. Delhi, Karnataka, Meerut, Allahabad and Orissa.   He informed the house the steps were  being taken by the North Eastern Region,  Lucknow  and Vidharbha.  He was hopeful that the three organisations would be able to complete the formalities and get the registration within a short time.   He also said that during the intervening period, the Incometax Pensioners Association has been formed at Vidharba and they had sought affiliation with the ITPF.    The meeting noted that the Secretary General must take immediate steps to get in touch with the leaders of the organisation at Madhya Pradesh, NW Region , Bihar and Uttar Pradesh (Lucknow).

The meeting noted that as per the provisions of the Constitution, the Central Working Committee of ITPF must meet once in a year.  The said meeting has become overdue.  The Secretary General was asked to take steps to convene the CWC meeting.  On the basis of the presentation made by the Secretary General, it was ultimately decided that by December, 2016, the CWC meeting must be held and the affiliates should be contacted to  host the meeting. 

Com. Lajpat Rai informed the house that he had been receiving suggestions from certain small affiliates that the annual subscription is a little on high side and the smaller units were not in a position to make the payment.  The house discussed  the issue in detail.  Many felt that the difficulties were the teething problems and would vanish once the organisations enrol more members.   After some discussion, it was decided to put the proposal of introducing one more slab in the clause dealing with subscription whereby the units which has less than 100 members might pay Rs. 500 as annual subscription with a condition that the same would be reviewed after some time. 

The meeting then discussed the Pension Department’s stand on Option No.1. recommended by the 7^th CPC in pension  fixation.  Despite the fact that the implementation of the recommendation might create certain anomalies,  the NCCPA must be asked to stick to the demand.  In order to bolster the argument of the need to accept the pay commission’s recommendations, it was decided that the following information might be collected from the member units:

1.      The No. of pensioners who had retired from active service prior to 1.1.1986.

2.      The extent up to which the Service books are available with the Department .  The information may be collected from the office of the Principal Chief Commissioners who are cadre controlling authority.  If the service books of pensioners who retired prior to 1.1.1986 are available, it would be a great help in dealing with the issue with the Department of Pension.

3.      Whether any subsidiary documents, viz. pay bill copies, copies of  orders of promotion etc. would be available with the Department or the ZAO concerned and if so upto which year such documents would be possible to be traced.

4.      What other documents would be available either with the Department or with the ZAO to verify the claim of the individual pensioners of his last promotion in service.

The meeting also decided that a small sub-committee must be set up as many Sectt. members are not able to attend the meetings regularly for various reasons.  The sub-committee so set up must meet at least once in a month and review the progress of implementation of various decisions taken by the Sectt.  It was also decided that the members who are stationed at Delhi or nearby areas might constitute the Committee.  Accordingly, the following members have been inducted into the sub- committee.

1.      Com. Lajpat Rai,  2.Com. K.K.N. Kutty, 3.Com. Baswanad,  4.Com. C.M. Badola, 5. Com. S.K. Sharma, 6. Com.Sheoji Misra, 7. Com.Vijay Singh Negi and Com. Shekawat.

Com. Kutty informed the house that the NCCPA has been publishing a news bulletin every month, which has been registered with the Government and has obtained the postal concession .  The house decided that efforts must be taken by the State Secretaries to get annual subscription for the journal which contains apart from the various orders issued by the Government but also the minute of the discussions and various other useful information. 

The Secretariat members are requested to convey their views by 10^th October, 2017 including the information called for so that a final decision could be taken on all matters. 

With greetings,

Yours fraternally,

 sd. 

K.K.N.Kutty.

Secretary General.

Dear Comrades,

We are sending herewith a copy of Circular letter of NCCPA, which is self explanatory.

 With greetings

Yours fraternally

KKN Kutty

NATIONAL CO-ORINATION COMMITTEE

OF PENSIONERS ASSOCIATIONS.

13/c  Feroze shah  Road,

 New Delhi. 110 001

Dated: 12^th August, 2016.

Website: www.nccpahq.blogspot.com

Email. nccpahq@gmail.com

Dear Comrades,

            In the background of the setting up of the Committee to go into the feasibility of implementing the Option No. 1.  As per the Government notification on pension matter, the following members of NJCA met the Secretary Pension who is the chairman of the said committee today. 

1.     Coms. Shiv Gopal Misra,

2.     Com. M. Raghaviah,

3.     Com. K.K.N. Kutty and

4.     Com. Sreekumar.

From the discussion it has become evident that the Pension department is still persisting with their stand that  the recommendation of the 7^th CPC giving alternative option to 2.57 multiplication formula is not possible to be acted upon for want of requisite documents for verification of the claim of the individual pensioners.   The have  still not assessed the magnitude of the so called  problems and rely upon the oral statements made by the heads of departments. The delegation has requested them to ascertain the actual number of persons in whose cases the requisite Service Books might not have been kept by the concerned department.   The delegation pointed out to them that the Finance Minister had categorically stated of the acceptance of the recommendation and the only thing the committee was expected to sort out the problems of implementation to the satisfaction of everybody concerned.  They made it clear to the Pension Secretary that once the Commission has recommended for any one alternatives,  the option is inevitable and exclusion of any one proposal will make the option incapable of tenability.  To deny Option No. 1. Is, they pointed out, would be an incongruity.   In any case, the delegation made it clear to the Secretary Pension and his officers that staff side would resist the move vehemently.

We have been given to understand by many organizations and individual pensioners that  various other document exist in the Government to verify the claim of the individual pensioners, who wanted the option No. 1. To be exercised.  The Government would be able to rely upon those documents for the purpose of verification.  The Secretary Pension has been told that they must issue for calling up for option from the individual pensioners,  with a request that their applications must accompany with documentary evidence to establish their claim.  Once the applications are received, the concerned Departments would be able to assess in whose cases the same is capable of verification and in whose cases records were not available.  In the case of the departments and individual pensioners,  in whose cases verification of the claim becomes difficult, alternate methodologies can be evolved to entertain and approve the claim. 

We would very much like to know from the organizations and individuals who asre in the knowledge of  pension related matters to  make suggestions to us so that in the next round of discussions, we would be able to present the case perfectly.   Kindly write to us only through the e mail addresses given below and send sms to the following number so as to enable the undersigned to access the suggestions made. 

Phone No.  for sms:   98110 48303

E mail addresses:  nccpahq@gmail.com

Itpfchq@gmail.com

asreedevikkn@gmail.com

It is clear from the discussions that the Pension department is afraid of litigations as anomalies are bound to be arising  and therefore would shut out its possibility by not implementation the recommendations of the 7^th CPC.   The Committee will meet formally with the staff Side within a fortnight’s time.  We request our affiliates to write to us immediately of their opinion in the matter.

We enclose herewith the letters written by the Convenor NJCA to the Government as also the Circular letter issued by him today. 

            With greetings,

Yours fraternally,

K.K.N. Kutty

Secretary General.  

                                                              Copy of NJCA letters

Copy of NJCA Circulat No. NJCA/2016/7^th CPC        Dated  August 12, 2016

  Dear Comrades,

            We have been receiving communication from various organizations as also from individual employees after the promulgation of the notification by the Government on 7^th CPC  recommendations.  Most of these communications had been to express the anxiety and in some cases anger too over the delay in setting up the high level committee, assured by the Group of Minister to review the minimum wage and multiplication factor. 

We have been pursuing the said issue on a day to day basis and we are fully appreciative of the apprehensions expressed in many of these letters.  Since the decision making in the Government is a long procrastinated matter involving various levels and departments, such delays are not uncommon.  But we have been informed as to why the assurances held out have not been  translated into action.

We have also noted that in the absence of the JCM functioning especially at the Departmental levels of various Ministries, the department specific anomalies and demands are not being subjected to any meaningful negotiations with the respective organizations.  We have addressed the Cabinet Secretary  to hold a special discussion with us on this subject immediately.  Copy of our letter is enclosed.

On 12^th August, 2016, we have met the Secretary Pensions to convey our strong resentment over the decision to allow the Option No. 1 given to the pensioners to be implemented subject to feasibility.  We have  reiterated that while we are open to discussion as to the methodology of verification of the claims of individual petitions in respect of Option No.1, we would not be able to countenance of the non implementation of the recommendation of the 7^th CPC on the flimsy ground of non availability of records. 

The available NJCA members  met today at Delhi to review the situation in the background of the feeling conveyed to us through letters from various organizations.  We have after taking note of the anxiety expressed and the ongoing discussions with various authorities over the setting up of the  high level committee to wait up to the end of this month  before we embark upon any action  for the setting upon of the said high level committee.   The employees may be apprised of this decision through the requisite campaign programme.

In the meantime, we must endeavour to support the one day strike action  slated for 2^nd September, 2016 for which the call has been given by the Central Trade Unions  (including independent Federations)  to the best of the ability of the respective organizations  as the objective of the strike is the betterment of the working people in our country. 

7^th CPC Anomalies

All the Constituents Organizations are requested to forward the various anomalies arising out of the implementation of the 7^th CPC notification / CCS (RP) Rules 2016 to the Staff Side office with brief / illustration etc. within in 15 days from today so as to enable us to study and forward the same to the Anomaly committee for settlement.

With greetings,

Yours fraternally,

Sd/

(Shiva Gopal Mishra)

Convener

Copy of NJCA letter No.NC-JCM-2016/C.S. (PM)      dated August 12, 2016

                                                                       

The Cabinet Secretary,

Govt. of India and  Chairman,

National Council  JCM

Cabinet Secretariat,

Rastrapati Bhawan,

New Delhi,

Dear Sir,

We  recall the  discussions we had with you on 7^th June 2016 when inter-alia we brought to your kind notice the growing discontent of the employees on the following two issues which were the subject matter of discussions on very many occasions

1.     JCM functioning – Non convening of meetings at the Departmental levels, consequent non availability of a forum for discussion and negotiations for Unions / Federations

2.     Compassionate Appointments in Departments other than Railways

JCM functioning

The functioning of the JCM especially at the Departmental level was virtually halted, when the Government promulgated a new set of recognition rules in 1993 to cover the non industrial employees i. e. for employees in the Department other than Railways and Defence. It took nearly a decade and half to operationalise the new recognition rules and during the same period the functioning of JCM was virtually stopped at the departmental levels. This in-turn resulted in non-discussion and non settlement of various Departmental specific demands and issues, emanated from the flawed recommendation of 5^th and 6^th CPC. Now that the 7^th CPC recommendations would be taken up for implementation, the need for a forum to discuss these issues, especially Departments specific matters need not be emphasized.

Compassionate Appointments

The untenable restriction imposed by the government i. e.  5 percent of the vacancies for Compassionate Appointments in Departments other than Railways has created innumerable difficulties  and arbitrary discrimination. The very fact that the said government orders have no sway to half of the civilian employees makes the orders discriminatory and bereft of any merit. The specious plea of the Government that the said orders were issued on account of a directive from the Supreme Court was later found to be fallacious.  On various occasions, the Staff Side was assured of a review of the scheme.  The scheme requires simplification and has to be made non discriminatory too.

            We want the above two issues to be discussed at your level and reach a settlement. We shall be grateful if you will afford us an opportunity to have such a discussion on a date convenient to you.  We  shall also be thankful if you  can indicate the date of the meeting atleast 15 days in advance.

            Thanking you,      

Yours faithfully,

Sd/

(Shiva Gopal Mishra)

Secretary

                                    Copy of NJCA letter addressed to finance Minister

Shri Arun Jaitley,

Hon’ble Finance Minister,

Govt. Of India,

North Block,

New Delhi

Sub: Setting up of a high level committee to review the Minimum Wage Multiplication Factor.

Ref: Our letter of even No. dated 26.7.2016.  ‘

            We solicit your kind reference to the discussion, the representatives of NJCA had with you in the presence of the Honourable Home Minister, Shri Rajnath Singh and the Railway Minister, Shri Suresh Prabhu and the MOS (R) Shri Manoj Sinha on 30^th June, 2016.

            We were expecting a  quick action on the part of the Government to operationalise the assurance of setting up a high level Committee to go into the Minimum wage, Multiplication factor etc.   However, we are disappointed that even after a lapse of more than a month no order has been issued by the Government in this regard.  The employees, as you are aware, were angry over the arbitrary determination of the  minimum wage by the 7^th CPC by mutilating the Dr. Aykhroyd formula and also the propornate multiplication factor .

            We, therefore, appeal to  you that the concerned authorities may be asked to expedite the issuance of orders setting up the committee and finalization of the Report within the available time of remaining three months.

Thanking you,     

Yours faithfully,

Sd/

(Shiva Gopal Mishra)

Secretary