Revision of minimum wage and the 7th CPC fitment formula

Withdrawal of NPS and re-introduction of Defined Pension under CCS (Pension) Rules 1972

Discouraging privatization and outsourcing

MINUTES OF THE 47th MEETING OF THE NATIONAL COUNCIL OF THE JOINT CONSULTATIVE MACHINERY(JCM) HELD ON 13th APRIL, 2019.

The 47th Meeting of the National Council (JCM) was held on 13th April, 2019 under the Chairmanship of Shri P. K. Sinha, Cabinet Secretary, at Rail Bhawan, New Delhi. A list of the representatives of Staff Side and Official Side who participated in the meeting is annexed.

2. At the outset, Secretary (Personnel) welcomed Cabinet Secretary and Chairman, National Council (JCM), the Leader of the Staff Side, the Secretary of the Staff Side, the Senior Officers from-different Ministries/Departments-and Members of-the Staff Side.

3. Thereafter, Cabinet Secretary and Chairman, National Council (JCM) extended a hearty welcome to the representatives of the Staff Side as well as the Official Side. He stated that there has been a long gap between the 46th and 47th meeting of the National Council. However, four meetings of the Standing Committee were held during the last four years. He thanked the Staff side for their cooperation for successful and smooth implementation of recommendations of the 7th CPC and further stated that Government of India have taken several new initiatives, such as maintaining 10% employees’ contribution and increasing Government contribution from 10% to 14% in the New Pension Scheme(NPS), promotion of more than 4000 Central Secretariat Officers viz. Deputy Secretaries, Under Secretaries and Section Officers, increasing the duration of admissible maternity leave upto 6 months, employee friendly modifications to the CGHS and abolition of the interview for recruitment to Group ‘B’ and Group ‘C’ posts. He further observed that some of the agenda items of the 47th meeting are too old and may have thus lost relevance. He also stated that Staff Side should come up with new ideas for the welfare of the employees, and that National Council and the Standing Committee meetings must be held regularly in future. Chairman also emphasized on the need for all Departmental Council meetings to be held on a regular basis to remove the gap between the two sides as also to identify the issues which require further consideration, and desired that all Secretaries of the concerned Ministries/Departments should ensure regular meetings of the Departmental Councils.

4. Leader of the Staff Side thanked the Chairman for highlighting important initiatives of the Government and for the assurance to continue sustained dialogue through JCM. He highlighted following issues for consideration:-

4.1. Importance of the forum of Joint Consultative Machinery(JCM) and holding regular meetings of NC(JCM) so that accumulation of Staff issues/grievance is avoided.

4.2 Non-fulfillment of the commitment given by the Government relating to revision of minimum wage and the 7th CPC fitment formula.

4.3 Withdrawal of NPS and re-introduction of Defined Pension under CCS (Pension) Rules 1972. He emphasized the Government to recommend at least 50% of the last pay drawn as minimum pension to the retired/retiring Central Government employees.

4.4 Discouraging privatization and outsourcing of various activities of the Government. He reminded that in the past, a D.O. letter was sent by the Cabinet Secretary to various Departments to hold meetings I consultations with the Staff Side before taking any decision on privatization/outsourcing/closure of establishments. He urged to issue similar instructions again to all Departments to ensure prior consultations with the Staff Side.

4.5 To consider modification to the MoF’s O.M. dated 12th December, 2018 relating to re­option opportunity to those staff who intend to switch over to the 7th CPC from the date of their promotion/MACPS/Cadre restructuring beyond 25th July, 2016 instead of restricting the same upto 25th July, 2016 and also to those employees who have opted for promotional/MACP/Pay fixation from the date of increment i.e. on 1st July 2016 in 6th CPC pay scale prior to the notification of 7th CPC.

He further stated that when Vth & VIth CPC Pay Scale/Structures were implemented in the past, opportunity for revising the option was granted.

4.6 7th CPC recommendation relating to placement of OT Assistants/Dressers in GP 2000 and placement of SSO (Accounts) in GP 5400/Level-9 in Railways has been pending with the Ministry of Finance, which may be cleared at the earliest.

4.7 Non-implementation of the 7th CPC recommendation for allotment of GP – Rs.4600/- (Level 7) to CMA category in Railways was also raised. He requested to take action to implement the specific recommendation relating to CMA category given by 7th CPC particularly when similar other recommendations have been/are being implemented.

4.8 Upgradation of 75% of SSEs/ Supervisory officials etc., in Railways to GP 4800/-Level-8. He urged that this needs to be expedited and approval given soon as Engineers/Supervisors in Railways are greatly disappointed over the delay.

4.9 Resolving issue of Night Duty Allowance and National Holiday allowance to Railway employees. The aberrations brought out by the Ministry of Railways in its communication to the DoP&T may be rectified without any further delay.

4.10 Implementation of awards of Board of Arbitration:- Concern was expressed over the abnormal delay in finalizing the Awards given by Board of Arbitration, pending for 15 years. The case of CA ref 3/2001 relating to Pay Scales of Senior Accountants, Accounts Assistants/ Senior Auditors to be brought on par with Assistants of the Central Secretariat, which has been pending since 24th August, 2004. He specially requested the Cabinet Secretary to issue a directive that all such Awards be settled through dialogue/discussion with the Staff Side.

4.11 Crediting earned leave to the employees’ account beyond 300 days including Industrial employees. He further said that while there is no financial implication as also the Rule position is unaltered there should not be any problem in accepting the demand.

4.12 Re-fixation of pay on last pay drawn at the time of retirement of Defence Forces Personnel re-employed in Central Government Departments. He urged to issue orders at the earliest duly granting pay re-fixation to the retired Defence Forces Personnel re-employed in Railways etc., on the basis of their last pay drawn at the time of retirement.

4.13 Removal of ceiling for Compassionate appointments. He requested that the issue needs to be considered with the objective of mitigating the hardships faced by the bereaved families.

4.14 Revision of Kilometrage Allowance rates of Running Staff. He urged that concurrence is communicated to the Ministry of Railways soon by Ministry of Finance.

4.15 MACP issues:-

The Leader of the Staff Side said that “Very Good” benchmarking should be cancelled and the MACPS should be given effect from 01/01/2006 with appropriate option. He explained that while the teaching staff under HRD Ministry and Delhi Government have been brought under MACPS, the Principals and Teachers of Indian Railways, Defence etc. are not covered. He requested for quick action for rendering justice to Teaching staff of Railways and Defence etc.

4.16 Exemption of TA Element from Kilometrage from the purview of Income Tax. It was explained that 70% of Kilometrage Allowance (KMA) paid to Running Staff is the Travelling Allowance (TA) component. Therefore this should be exempted from Income Tax as TA is not taxable.

5. The Secretary of the Staff Side, while making his opening remarks thanked the Chairman for holding the 47th meeting of the National Council after 9 years.

5.1 He made the following observations with regard to the functioning of the JCM Scheme:-

Regular meetings of the Departmental councils were held only in a very few Ministries/Departments. To make effective use of the JCM, it must be ensured that meetings of the Departmental Council are held more frequently as provided in the JCM Scheme. He stated that necessary instruction should be issued to all Ministries / Departments to make effective use of the JCM and also to ensure that meetings of the Departmental Councils are held more frequently.

Promotion of the officials in their career is a vital issue, and if not given to them in time, it jeopardizes their career. He requested the Cabinet Secretary to implement the scheme of time­ bound promotions; based on benchmark. He further mentioned that, at present, the staff working in GP Rs. 1800 and 4600 is suffering a lot because of non-availability of their promotion prospects, which needs to be redressed to remove their frustration.

5.3 Normally the Court decisions on common service matters of all Central Govt. employees are implemented only to those employees who moves the petition, whereas once the judgment is implemented to the petitioners, the benefits may equally be extended to all the similarly placed employees to avoid multiplicity of litigations and as per the National Litigation Policy published by the Govt. of India.

5.4 CGHS Scheme does not contain clear instructions and there is ambiguity in many cases. Medical reimbursement cases of retired personnel are not processed in time and ought to be made hassle free. Entitlement of beds in private hospitals should be decided by the Ministry/ Departments concerned.

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Minutes of the Meeting with Staff Side of National Council (JCM) on the submitted Agenda Items, held on 16.05.2019 under the Chairpersonship of Secretary (HFW)

File No: B-12014/03/2019-JCM
Government of India
Ministry of Health & Family Welfare
W&PG Section

Nirman Bhawan, New Delhi
Dated 3rd June, 2019

Office Memorandum

Subject: Minutes of the Meeting with Staff Side, National Council.

Expected DA from July 2019: DA 4% Confirm…5% Possible! – Click for more details

The undersigned is directed to forward herewith the Minutes of the Meeting with Staff Side of National Council (JCM) on the submitted Agenda Items, held on 16.05.2019 under the Chairpersonship of Secretary (HFW), in Committee Room No. 155-A, Nirtnan Bhawan, New Delhi.

EHS/CGHS Division is requested to take appropriate action and to
furnish an Action Taken Report in this regard.

Encl. As above

sd/-
(SOMA SANYAL)
Under Secretary to the Govt. of India
Tel. No. 011-2306 1203

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What is Joint Consultative Machinery?

What is the applicability of the JCM Scheme?

What is the structure of the Joint Councils under the JCM Scheme?

How are staff side members selected for various Joint Councils?

What is the time schedule for holding meetings of the National/Departmental Councils?

How recognition is granted to the staff associations?

What are the facilities available to recognised associations?

What will happen if there is no agreement between the staff and the official side?

What are the issues on which arbitration is possible?

Is the award given by the Board of Arbitration binding on the parties?

FREQUENTLY ASKED QUESTIONS (FAQ)

1. What is Joint Consultative Machinery?

The scheme of Joint Consultative Machinery is a platform for constructive dialogue between the representatives of the staff side and the official side for peaceful resolution of all disputesbetween the Government as employer and the employees. Thescheme was introduced in 1966 with the objectives of promotingharmonious relations and securing the greatest measure ofcooperation between the Central 1 Government as the employerand the employees in matters of common concern and with theobject of further increasing the efficiency of the public servicecombined with the well being of those employed. The scheme isa non statutory one mutually agreed upon between the staffside and the official side.

2. What is the applicability of the JCM Scheme?

The scheme covers all regular civil employees of the CentralGovernment, except:(a)The Class -I services;(b)The Class-II services, other than the Central SecretariatServices and the other comparable services in theheadquarters organisation of the Government;(c) Persons in industrial establishments employed mainly inmanagerial or administrative capacity, and those who beingemployed in supervisory capacity drawing salary goingbeyond grade pay of Rs.4200/- per month;(d)Employees of the Union Territories; and(e)Police personnel.

3. What is the structure of the Joint Councils under theJCM Scheme?

The scheme provides for setting up of Joint Councils at theNational, Departmental and Regional / Office levels. TheNational Council, chaired by the Cabinet Secretary, is the apexbody.

4. How are staff side members selected for various Joint Councils?

The representatives of the staff side for various Joint Councilsare chosen / selected from members of the recognized serviceassociations/ unions.

5. What is the time schedule for holding meetings of the National / Departmental Councils?

As per the JCM Scheme, ordinary meeting of the National Council/ Departmental Council may be held as often as necessary as but not less than once in four months.

6. How recognition is granted to the staff associations?

The Department of Personnel & Training being the nodal department for matters relating to Joint Consultative Machinery and Compulsory Arbitration, has notified Central Civil Services(Recognition of Associations) Rules, 1993 for the purpose of granting recognition to various service associations.Recognition is actually granted by the concerned Ministry/Department in accordance with the CCS (RSA) Rules, 1993.In case of any doubt or confusion, the matter is referred tothe JCA Section of the Department of Personnel & Training for clarification/ advice.

7. What are the facilities available to recognised associations?

The recognized associations/ unions enjoy certain facilities like:(a) Negotiations with the employer;(b)Correspondence and meetings with the head of the administrative departments;(c)Provision of accommodation for the associations subject toavailability;(d)Facility of special casual leave up to 20 days in a year to theoffice bearers of the associations.(e)Payment of T.A/ D.A for attending officially sponsoredmeetings; and(f) Facility of seeking transfer of Chief Executive of the Union /association to the Headquarters of the appropriate head ofadministration.

8. What will happen if there is no agreement between thestaff and the official side?

If there is no agreement between the staff and the official sideon an arbitrable issue, then the matter is to be referred to theBoard of Arbitration if so desired by the staff side.

9. What are the issues on which arbitration is possible?

The arbitration is limited to the following issues:(a) Pay and allowances;(b)Weekly hours of work ; and(c) Leave

10.Is the award given by the Board of Arbitration binding on the parties

The award given by the Board of Arbitration is binding on the Government as well as the staff side subject to the over riding authority of the Parliament. The award can be modified/rejected only with the approval of the Parliament through aformal resolution on grounds affecting national economy or social justice.

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The National Council JCM Staff Side Secreary has published a detailed report of meeting held on 13.4.2019 with Cabinet Secretary of Shri P.K.Sinha

Complete feedback of 47th Meeting of National Council Meeting held on 13.04.2019

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13C, Ferozshah Road, New Delhi – 110001
E-Mail : [email protected]

No.NC-JCM-2019/NC meeting

April 13,2019

To

All Members of the National Council (Staff Side) JCM

Dear Comrades,

The 47th meeting of the National Council was held on 13.4.2019 at Rail Bhawan, New Delhi, under the Chairmanship of Shri P.K.Sinha, Cabinet Secretary. It was held after the most inordinate delay i.e. after the lapse of nine years that the National Council meeting was convened. The decision of NJCA to organize Dharna on 28.3.2019 (which was deferred) is what triggered the Government to convene the meeting.

The meeting commenced at 11.30AM and ended at 2.30 PM. In the introductory remark, the leader and the Secretary Staff Side touched upon the following points.

Agenda items and Action Taken Statement items

With greetings

Your fraternally

(Shiva Gopal Mishra)
Secretary

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NC(JCM) meeting with Cabinet Secretary on 13-04-2019

National Concil (JCM) meeting with Cabinet Secretary on 13-04-2019 – Confederation

Juglal Singh
Deputy Secretary (JCA)
Tele: 23092338

GOVERNMENT OF INDIA
DEPARTMENT OF PERSONNEL & TRAINING
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
NORTH BLOCK NEW DELHI 110001

F.No.3/1/2019-JCA

Dated: 22nd March, 2019

Dear Sir,

The 47th Meeting of the National Council (JCM) is scheduled to be held on April, 13 2019 (Saturday) at 11.:30 AM in Conference hall, Rail Bhavan, New Delhi under the Chairmanship of Cabinet Sercretary.

2. Kindly make it convenient to attend the meeting.

Yours sincerely,
sd/-
(Juglal Singh)

To
All Staff Side Members of the National Council (JCM) – (As per lis attached)

Source: Confederation

View More Details

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