NEWS FLASH

ARTICLE10-MEMBERSHIP SUBSCRIPTION SHALL BE RS.40/- P.M. NFPE-RS.-2/-, CHQ RS. 10/-,CIRCLE RS.10/-, DIVISION/BRANCH RS.18/- PER MEMBER FROM FEBRUARY-2014

Tuesday, October 30, 2018

1st Day : 29th OCTOBER 2018

Com. SUBHASHINI ALI , EX-MP INAUGURATED AND TOOK CLASS ON THE SUBJECT - "INDIAN WORKING CLASS - CHALLENGES AND OPPORTUNITIES"
Com.KEERTHI SINGH, ADVOCATE, SUPREME COURT & CONVENER, LEGAL CELL, AIDWA TOOK CLASS ON - "WOMEN"S SOCIAL STATUS AND RIGHTS IN THE SOCIETY"
CAMP WILL CONTINUE ON 30th OCTOBER ALSO.










CONDOLENCES ON THE DEMISE OF COM.S.S.SEN

COM.S.S.SEN, VETERAN P&T LEADER, EMERGENCY HERO AND WHISTLE BLOWER OF SDA IS NO MORE.
HE PASSED IN BANGALORE ON  27-10-2018  AT 03-30PM . HE WAS 86. 
COM.S.S.SEN LONG LIVE.
RCC (NER), C-O-C (CGEs) & JCTU, ASSAM DIP THEIR BANNERS IN THE  HONOUR OF CO.SEN.

"That was the 6th day of November , 1975. Dark days of emergency imposed by Mrs. Indira Gandhi were looming large over democratic movements of our country. One Police Inspector keeping his force outside entered into the then Sub Record Office at Guwahati under RMS "GH" Division and took the chair in front of a young man working there and asked curisoulsy "Are you Mr.-----? with militant posture and uncompromising determination, the man just crossed his fourty, instantly replied "Yes, I am Mr.Sudhendu Sekhar Sen whom you are searching for".

The Inspector with his regretful expression contended Com.S.S.Sen (popularly known as Sudha Sen) that it was the order from the high echelons of power that was was bound to carry out and for that reason he should not be misunderstood. After completion of all formalities including permission from the Senior Superintendent, Com.S.S.Sen was arrested and taken away to the Guwahati Central Jail.

In the Central Jail were the galaxy of leaders of the P&T Trade Union movement already taken into cusotdy; Com. Bimal Kanti Gupta,CS of E-IV, Com. Jagadindra Bhattachajee, CS, E-IV, Com. Bhudan Chandra Das, CS, P-IV., Com. Hareswar Sharma, CS, P-III, Com.Sankar Kumar Das, CS, E-III, Com. Bhrigu Ram Lahkar, Asstt. CS, P-III and Com.Prabin Chandra Boro, Secretary, P&T LCC, Guwahati.

There in the Central Jail  and elsewhere in Assam they had to wait for 15 to 19 months to get released from jail until the emergency was lifted. After the release from the jail also they were not spared. All of them were transferred to the remotest hilly corners of the North Eastern Region, only to be brought back when the Janatha Government came in to power in 1977.

Perhaps this is the unmatched chapter of the history of the trade union movement in the central government employees' front where as many as 8 (eight) top leaders were put into jail with an intention to crush the democratic trade union movement. Needless to say that second union (FNPTO) in the P&T was formed with the government's patronage to sabotage the historic 1968 central government employees' strike.

Government tried to form the union in the NE Region also but could not get in road even after putting the entire top leadership behind the bars.

Rock like unity of the workers at the ground level remained intact throughout the emergency regime and all the jailed leaders were re-elected to their respective positions in the union hierarchy as when the conferences were due and held amidst prevailing situation. These leaders were also amongst the galaxy of leaders of Central including Railways, State, Insurance and Banking sectors who were instrumental in formation  of the JOINT COUNCIL OF TRADE UNIONS, ASSAM  in 1973 through a massive convention of workers in Guwahati inaugurated by Com.K.G.Bose and also attended by George Fernadaz, Com. Jagadindra Bhattarcharjee along with Achyut Deka of LIC took the mantle of this joint forum as first Joint Conveners. Later on the JCTU, Assam withstood the test of time and created may histories in the trade union movement in Assam.That legacy has still been continued.

In the early 1990's also Regional Coordination Committee of P&T employees Unions (NFPE), North East Region with Com.S.S.Sen as Convener again made the history by organizing the longest ever successfull strike of the white colour employees in the history of India demanding Special Duty Allowance (SDA). The strike started on November 15, 1991 under the leadership of RCC of P&T Employees Unions, NE Region to end the discrimination by implementing Court Judgement. The entire RCC leadershp including Co.S.S.Sen, Com.J.Bhattacharjee, Com.R.P.Sharma, \Com. Sasadhar Deb, Com.B.C.Das, Com.S.K.Das, Com.M.R.Das, Com.J.N.Mishraexhibited the exemplary leadership quality to continue the strike with tactical perfectness and extreme patience. No door of any Post Office  and RMS office was opened for long 38 days upto 22nd December, 1991 until an agreement was signed between NFPE and the Department of Posts in the presence of Minister of Communications . Subsequently the discrimination was ended and SDA was granted to all the CG Employees of NE Region irrespective of transfer liabilities".

RED SALUTE TO COM.S.S.SEN

WE VOW TO CARRY FORWARD THIS LEGACY ...

Monday, October 29, 2018

NFPE FEDERAL SECRETARIAT MEETING

NFPE Federal Secretariat Meeting will be held at NFPE office, North Avenue PO Building, New Delhi-110001 on 15.11.2018 from 11:00 AM to discuss the prevalent situation in Department of Posts and for deciding future course of action.

All General Secretaries of NFPE Unions and available office bearers at Head Quarter are requested to attend the meeting in time.


R. N. Parashar
Secretary General

NFPE
PJCA MEETING

P.J.C.A. (consisting NFPE, FNPO & GDS Unions) meeting will be held at NFPE office, North Avenue PO, Building, New Delhi - 110001 on 15.11.2018 from 04.00 PM to discuss the prevalent situation in Department of Posts and for deciding future course of action.

All General Secretaries of NFPE & FNPO are requested to attend the meeting in time.
 

R. N. Parashar                                           T. N. Rahate             
Secretary General                                       Secretary General

NFPE                                                         FNPO
CLARIFICATION ON FIXATION OF PAY OF INSPECTOR POSTS ON PROMOTION TO THE CADRE OF ASSTT. SUPERINTENDENT POSTS CADRE    (Click the link below to view)
TRAVEL ENTITLEMENTS OF GOVERNMENT EMPLOYEES FOR THE PURPOSE OF LTC POST SEVENTH CENTRAL PAY COMMISSION – CLARIFICATION (Click the link below to view)
STEPPING UP OF PAY-CONSOLIDATED GUIDELINES

No.4/3/20 17-Estt(Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi,
Dated the 26th October, 2018
OFFICE MEMORANDUM
Subject:- Stepping up of pay-Consolidated guidelines-reg.

The undersigned is directed to say that the issue of anomaly relating to senior Government employees drawing less pay than their juniors due to application of provisions of FR 22(I)(a)(1) is considered on merits for allowing stepping up pay of the seniors so as to bring it at par with that of the junior in accordance with the guidelines scattered in various OMs noted in the margin. A need has been felt to consolidate guidelines on stepping up of pay at one place keeping in view the provisions of the Central Civil Services (Revised Pay) Rules, 2016, [in short CCS(RP)Rules, 2016] as the frequent references on such issues continue to be received in this Department.

2. Consequent upon implementation of CCS(RP)Rules, 2016, the President is pleased to decide the following:

(i) In order to remove the anomaly of a Government servant promoted or appointed to a higher post on or after 1-1-2016 drawing lower pay in that post than another Government servant junior to him in the lower grade and promoted or appointed subsequently to another identical post, the pay of the senior Government servant in the higher post should be stepped up to a figure equal to the pay as fixed for the junior Government servant in that higher post. The stepping up should be done with effect from the date of promotion or appointment of the junior Government servant and will be subject to the following conditions, namely:

(a) both the junior and the senior Government servants should belong to the same cadre and the posts in which they have been promoted are identical in the same cadre;

(b) the Level in the Pay Matrix of the lower and higher posts in which they are entitled to draw pay should be identical;

(c) the anomaly is directly as a result of the application of the provisions of Fundamental Rule 22(I)(a)(1) read with Rule 13 of CCS(RP)Rules, 2016. For example, if the junior officer was drawing more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this sub rule should not be invoked to step up the pay of the senior officer.

(ii) The order relating to re-fixation of the pay of the senior officer in accordance with clause (i) shall be issued under Fundamental Rule 27 and the senior officer shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.

3. The following instances/events wherein juniors draw more pay than seniors, do not constitute anomaly and, therefore, stepping up of pay will not be admissible in such events:

(a) Where a senior proceeds on Extra Ordinary Leave which results in postponement of his Date of Next Increment in the lower post and consequently he starts drawing less pay than his junior in the lower grade itself. He, therefore, cannot claim pay parity on promotion even though he may be promoted earlier to the higher grade than his junior(s);(b) If a senior forgoes/refuses promotion leading to his junior being promoted/appointed to the higher post earlier and the junior draws higher pay than the senior.

(c) If the senior is on deputation while junior avails of the ad-hoc promotion in the cadre, the increased pay drawn by the junior due to ad-hoc/officiating and/or regular promotion following such adhoc promotion in the higher posts vis-à-vis senior, is not an anomaly in strict sense of the term;

(d) If a senior joins the higher post later than the junior, for whatsoever reasons, whereby he starts drawing less pay than the junior. In such cases, senior cannot claim stepping up of pay at par with that of his junior.

(e) If a senior is appointed later than the junior in the lower post itself whereby he is in receipt of lesser pay than the junior, in such cases also the senior cannot claim pay parity in the higher post if he draws less pay than his junior though he may have been promoted earlier to the higher post

.(f) Where an employee is promoted from lower post to a higher post, his pay is fixed with reference to the pay drawn by him in the lower post under FR22(I)(a)(1) read with Rule 13 of CCS(RP)Rules, 2016 and due to his longer length of service in the lower grade, his pay may get fixed at a higher stage than that of a senior direct recruit appointed to the same higher grade and whose pay is fixed under different set of rules. For example a Senior Secretariat Assistant (SSA) on promotion to the post of Assistant Section Officer (ASO) gets his pay fixed under FR 22(I)(a)(1) with reference to the pay drawn in the post of SSA, whereas the pay of ASO(DR) is fixed under Rule 8 of CCS(RP)Rules, 2016 at the minimum pay or the first Cell in the Level, applicable to ASO to which he is appointed. In such a case, the senior ASO (DR) cannot claim pay parity with that of the promotee junior ASO.

(g) Where a senior is appointed in higher post on ad-hoc basis and is drawing less pay than his junior who is appointed in the same cadre and in same post on ad-hoc basis subsequently, the senior cannot claim pay parity with reference to the pay of that junior since the ad-hoc officiating service in higher post is reversible and also since full benefits of FR22(I)(a)(I) are not available on ad-hoc promotion but only on regular promotion following such ad-hoc promotion without break
.
(h) Where a junior gets more pay due to additional increments earned on acquiring higher qualifications.

Note: The above instances/events are only illustrative and not exhaustive
.
4. These orders shall be in supersession of D/o Expenditure’s OM No.F.2(78)-E.III(A)63 dated 2nd February, 1966 and DOP&T’s OM No.4/7/92-Estt(Pay-I) dated 4th November, 1993.

5. This OM is effective from 01.01.2016.

6 In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders have been issued after consultation with the Comptroller and Auditor General of India.

7 Hindi version will follow.
sd/-
(Rajeev Bahree)
Under Secretary to the Government of India.

Message of PJCA

Postal Joint Council of Action comprising NFPE & FNPO call upon All General Secretaries/Circle Secretaries, Divisional and Branch Secretaries of NFPE and FNPO affiliated unions to hold Lunch hour demonstration in front of all Head Post offices, General Post offices, Divisional, Regional and Circle offices against the incident of Allahabad Kutchery HO (Uttar Pradesh) starting since today dated 29.10.2018 and continue up to 03.11.2018.

Ask all members to bear black badges during the whole period of duty from today dated 29.10.2018 to 03.11.2018 in protest of this incident and non-functioning of CSI.

We have already reported matter to Secretary (Posts) with Photos on 27.10.2018. Our circle union of Uttar Pradesh circle has also reported matter to Chief PMG, Uttar Pradesh, Lucknow.

Some advocates of Allahabad Distt. Court assaulted on our postal employees as their Regd. Letter were, not being booked due to failure of internet connectivity under C.S.I. They have vandalized the post office property including counters, computers and other equipments and put on fire two motor bikes of staff.

This all happened because of non-functioning of CSI.

We have approached Postal Administrative several times, but there is no improvement.

If corrective and remedial measures are not taken immediately, we shall be compelled to launch serious trade union action after consultation with all constituents of NFPE and FNPO

Photos of incidents are published below.



(R. N. Parashar)                                                  (T. N. Rahate)           
Secretary General                                               Secretary General
NFPE                                                                 FNPO

Saturday, October 27, 2018

No. 2-12/2013-PCC (Pt.)
Government of India
Ministry of Communications
Department of Posts
Dak Bhawan, Sansad Marg
NewDelhi-ll000l Date: 23-10-2018

To
 All the Heads of Circles.

Sub : Clarification on fixation of pay of Inspector Posts on promotion to the cadre of Asstt. Superintendent Posts cadre

          The Grade Pay of Inspector Posts was upgraded to Rs. 4600 (pre-revised) in PB - 2 vide this Directorate OM No. 2-12/2013-PCC dated 24.10.2017, whereas the higher post of ASPOs continued to fall in the GP Rs. 4600 w.e.f. 01.2006. After issue of OM dated 24.10.2017, various authorities have sought for clarification that since both the cadres were placed in identical GP between 01.01 .2006 to 31.12.2015 and as such whether 3% fixation benefit as per CCS (RP) Rules, 2008 would be available on promotion from IP to ASP cadre or not.

          2. The issue has been examined in this Directorate in light of DoP ID Note No. 2-5/2010- PCC dated 26.04.2012 and MoF OM No. 10/02/2011-E.III/A dated 07.01.2013 and it is clarified that the Asstt. Superintendent Posts cadre carries higher duties and responsibilities than that of Inspector Posts, as such fixation benefit will be available on promotion from Inspector Posts to Assistant Superintendent Posts cadre.

3. All concerned may be informed accordingly.

Copy to: -
 1. Chief General Manager, PLI/BD Directorate, New Delhi'

Thursday, October 25, 2018

TRANSFER ON DEPUTATION/FOREIGN SERVICE OF 
CENTRAL GOVT EMPLOYEES TO EX-CADRE POSTS

F.No.2/15/2017-Estt.(Pay-II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi
Dated:18th October, 2018
OFFICE MEMORANDUM

Subject : Transfer on deputation/foreign service of Central Government Employees to ex-cadre posts under the State Governments/ Union Territories or to any entity controlled by and located in the States / UTs – relaxation of para 8.5 of O.M. dated 17.6.2010.
This Department’s OM No. 6/8/2009-Estt.(Pay-II) dated 17th June, 2010 regulates Pay, Deputation (Duty) Allowance, Tenure of Deputation / Foreign Service and other terms and conditions on the subject of deputation / foreign service of Central Government employees to ex-cadre posts under the Central Government, State Governments, Public Sector Undertakings, Autonomous Bodies, Union Territories Administration, local Bodies etc and vice-versa. Subject to its applicability as provided in para 2 of the OM, these instructions cover cases of deputation/foreign service where Central Government is either lending authority or borrowing authority or both.

2.         As per para 8.5 of the aforesaid OM, a Central Government employee shall be eligible for deputation / foreign service to posts in State Government / State Government Organisations/Governments of UTs / Government of UT’s Organisations / Autonomous Bodies, Trusts, Societies, PSUs etc. not controlled by the Central Government only after he has completed 9 years of service and is clear from vigilance angle.

3.         As per para 10 of the aforesaid OM, any relaxation of these terms and conditions will require the prior concurrence of the Department of Personnel & Training.

4.         Various administrative Ministries / Departments / Borrowing Organisations have been approaching this Department for relaxation of the eligibility condition of minimum 9 years of service for proceeding on deputation / foreign service, on case to case basis, citing exigencies, quoting provisions of para 10 of the OM dated 17.06.2010.

5.         The matter has been considered in this Department and it has been decided that Ministries/Departments may consider and allow relaxations to para 8.5 of the OM dated 17.06.2010 with the approval of their Minister-in-charge in following category of cases:-

a)         A Central Government employee after completion of 7 years of service in his/her cadre, may be allowed to go on deputation to any State of North Eastern Region and Jammu and Kashmir and Union Territories of Andaman & Nicobar and Lakshadweep or on foreign service to any entity controlled by and located in the said States/ Union Territories.

b)        Central Government employees may be allowed to go on deputation to State Governments / Union Territories or on Foreign Service to any entity controlled by and located in the States/ Union Territories on spouse ground after completion of 6 years of service in the cadre.

6.         The cases not covered by above dispensation will not be considered for relaxation. All other terms and conditions issued vide OM No. 6/8/2009-Estt.(Pay II) dated 17th June, 2010 as amended from time to time will remain unchanged.

7.         In so far as persons serving in the Indian Audit & Accounts Department are concerned, these orders issue after consultation with the Comptroller & Auditor General of India.

8.         These orders shall come into effect from the date of issue of this OM.
(A.K. Jain)
Deputy Secretary to the Govt. of India

Wednesday, October 24, 2018

No.49014/2/2014-Estt.(C)-PT.I
Government of India
Ministry of Personnel, PG and Pensions
Department of personnel & Training
North Block, New Delhi
Dated: 11th October, 2018
OFFICE MEMORANDUM

Subject: Clarification on modalities of transfer of the NPS contribution to casual labourer with temporary status to their GPF accounts.

The undersigned is directed to refer to this Department’s 0M No.51016/2/90-Estt (C) dated the 10th September, 1993 vide which a scheme for grant of temporary status to the casual employees was framed. The scheme applied to those casual labourers who were in employment on the date of the issue of the 0M and had rendered one year of continuous service in Central Government offices, which meant that they must have been engaged for a period of at least 240 days (206 days in the of offices observing days week). The scheme did not apply to Departments of Telecom & posts and Ministry of Railways.

2. As the scheme, after rendering three years’ continuous service after conferment of temprary status, the casual labourers were to be treated at par with temproary Group ‘D’ employees for the purpose of contribution to the General Provident Fund. Further, after their regularisation, of the service rendered under temproary status was to counted for of retirement benefits.

3. As per para 8 of the scheme, two out of every three vacancies in Group ‘D’ in respective offices where the casual labourers had been working was to be filled up as per extant recruitment rules and in accordance with the instructions issued by Department of Personnel and Training from amongst casual workers with temporary status. However, regular Group ‘D’ staff rendered surplus for any reason would have prior claim for absorption against existing/future vacancies.

4. Vide the O.M. No.49014/1/2004 -Estt.(C) dated the 26th April, 2004, the above scheme was reviewed in light of introduction of New Pension Scheme in respect of appointed to the Central Government service on or after 1.1.2004. These casual labourers with temporary Status were now to be considered under the NPS and their underlying amount in GPI was credited to them.

5. The 0M dated 26th April, 2004 was quashed by various benches of CAT/High Courts who had decided that the scheme could not modified retrospectively.

6. The position was reviewed in the light of the Court judgements in consultation with the Department of Expenditute. It was then decided vide this Department’s O.M. No. 49014/2/2014- Estt(C) dated 26.02.2016 and 0M. No. dated 28.07.2016 that the casual labourers who had been granted temporary status under the scheme, and have completed 3 years of continuous service after that were entitled to contribute to the General Provident Fund. It was also decided that of the service rendered under temporary status would be counted for the purpose of retirement benefits in respect of those casual labourers who have been regularised in terms of para 8 of the 0M dated 10.09. 1993. This was applicable to all casual labourers covered under the scheme Of 1993 whether they were regularised before or after 31.12.2003.

7. It was emphasised that the benefit of temporary status is available only to those casual labourers who were in employment on the date of the issue of the 0M dated 10th Septetmber, 1993 and were otherwise eligible for it. No grant of temporary status is permissible after that date. The employees erroneously granted temproary status between 10.09.1993 and the date of Hon’ble Supreme Court judgernent in Union Of India And Anr vs Mohan Pal. 2002 (3) SCR 613, delivered on April, 2002, will however be deemed to have covered under the scheme of 10.09.93.

8. Subsequent to the issue of this Department’s O. M. 49014/2/2014-Esst(C) dated 26.02.2016 and O.M. No. 49014/2/2014-Estt(C) dated 28.07.2016 several Ministries/ Departments were seeking clarifications as regards to the modalities of transfer of the amount lying in the NPS account to the GPF account of these casual labourers. Ihe matter has been examined in consultation with D/o Pensions & Pensioners’ Welfare, D/o Financial Services and D/o Expenditure.

9. D/o Pension and Pensioners’ Welfare have clarified/ stated that the employees’ share or the NPS subscription with interest should withdrawn and deposited in the GPE accounts if these CL-TS regularized after 31.12.2003 and the Government share with interest accrued under NPS should be deposited in Government’s account.
10. Controller General of Accounts (CGA) have furnished following clarifications vide letter No. dt 11.03.2016 ona similar matter which are as under:

(i)Adjustment of Employees contribution in Accounts:- Amount may be credited to individual GPF Account and the account may he recasred permitting up-to-dare inreresf (Authority-FR-16 & Rule / of GPF Rules)

(ii) Adjustment Of Government contribution under NPS in Accounts. TO be accounted for as (-) Dr. to object heads Recoveries under major Head 2071- Pension and Other Retiremenl benefit-Minor Head 911- Deduct Recoveries Of over payment (GAR 35 and para 3.10 of List of Major and Minor Heads of Accounts)

(iii) Adjustment of increased value of subscription on account of appreciation of investment- may be for crediting the amount Govt. account under Contribution towards pensions and other Retirement Bencfll.s SOO- Other Receipts (Note under the above Head in LMMHA).

11. The principle underlying the consideration of the case of CL(TS) is that Casual labourers Who were covered under the scheme Of 1993 and have been regularised in terms Of the above scheme were entitled to GPF and Old Pension scheme even if they were regularised after 31.12,2003.

12. Furthermore. as per Dio ExE*nditure/CGA, if the kr•nefits under old pension scheme are to allowed to a retired employee, who had contributed towards NPS at any stage. the entire NPS accumulations i.e. employee’s contribution + Government’s matching contribution + appreciation thereon should be remitted into the accredited bank of the PAO concerned and the accounting procedure will be same in this case as prescribed at par 10 above.
13. All Ministries/Departments are requested to settle the matter explained amve If any further clarification is needed in the matter, they should approach CGA (Controller General of Accounts) directly, since CGA is the accounting agency and is competent to clarify the matter.

sd/-
(N.Sriraman)
Director (Establishment)