FLASH NEWS

ARTICLE 11 (i)-MEMBERSHIP SUBSCRIPTION SHALL BE Rs.60/- P.M. NFPE-RS.-4/-, CHQ RS. 12/-, CIRCLE RS.16/-, DIVISION/BRANCH RS.28/- PER MEMBER FROM JANUARY-2019

Friday, September 12, 2014

Friday, September 12, 2014
POSTAL JCA MEETING ON 25.09.2014

Postal JCA Meeting (NFPE & FNPO) will be held on 25.09.2014 at NFPE office, New Delhi at 04:00 PM. All General Secretaries of NFPE & FNPO affiliated unions/associations are requested to attend the meeting. Detailed review and planning regarding the successful implementation of the Nationwide agitational programmes of the Central JCA, especially the December 10th 2014 Parliament March, will be made in the meeting.


(R. N. Parashar)                                          (D. Theagarajan)
Secretary General                                      Secretary General
NFPE                                                              FNPO


CONFEDERATION NATIONAL SECRETARIAT MEETING

The National Secretariat Meeting of the Confederation of Central Government Employees & Workers will be held at New Delhi (NFPE office) on 26.09.2014 at 05:00 PM. All National Secretariat members available at Head Quarters are requested to attend the meeting. (The National Secretariat meeting held earlier has authorized the Head Quarters office bearers to finalize agitational programmes for realization of the Charter of Demands. This meeting is being held as per the above decision).


(M. Krishnan)
Secretary General
Confederation

1.      After reading our earlier website write up (Sl.2) on the above subject, some readers have sought the details of the case.
2.      The facts of the case briefly stated are as under:
         a)    The VI CPC in para 5.1.47 of their report recommended that the fixation of revised pension as per the table given by them “will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale from which the pensioner had retired”.
         b)    The Government of India in their Resolution No.38/37/08-P&PW(A) dated 29-8-2008 accepted the above proviso by reproducing it per verbatim at item 12 of the statement showing the relevant recommendations and decision of the Government thereon (vide Annexure to the said Resolution).
         c)    In Department of Pension & Pensioners Welfare O.M No.38/37/08 P&PW dated 1-9-2008 same proviso has been incorporated at para 4.2 thereof.
         d)    The Department of Pension & Pensioners Welfare through their clarificatory O.M. No.38/37/08 - P&PW (A) pt. 1 dated 3-10-2008 however modified the para 4.2 of their OM dated 1-9-2008 as under:
                 The pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated (i) at the minimum pay in the pay band (irrespective of the prerevised scale of pay from which the pensioner is retired) plus grade pay corresponding to the prerevised pay scale.”
         e)    In other words in all cases it would be minimum pay of the pay band which would be taken and not the minimum pay in the pay band corresponding to the pre revised pay scale from which the pensioner had retired.
         f)     This clarification was challenged by the Central Government SAG (S-29) Pensioners Association in Principal Bench of the Central Administrative Tribunal (vide O.A. No.655/2010). Hon’ble Tribunal in their order dated 1-11-2011 quashed the above clarificatory order of Department of Pension & Pensioners Welfare dated 3-10-2008 and directed the respondents refix the pension of all pre 2006 retirees with effect from 1-1-2006 based on Government Resolution dates 29-8-2008.
         g)   Government of India challenged the above decision of the said Tribunal before Delhi High Court vide WP (C) No.1535/2012 which was dismissed by the High Court vide their order dated 29-4-2013 upholding the decision of the Tribunal.
                Government of India then filed the following S.L. Ps etc.
                (i)    SLP (C) No.23055/2013 dismissed on 29-7-2013.
                (ii)   Review Petition (C) No.2492/2013 dismissed on 12-11-2013.
                (iii)  Curative Petition (C) No.126/2014 dismissed on 30-4-2014.
                Thus the CAT verdict dated 1-11-2011 attained legal finality.
                On 15-5-2014 the Hon’ble CAT Principal Bench New Delhi disposed of the contempt petition No.158/2012 directing the Union of India to implement the directions of the Tribunal expeditiously, preferably within three months”.

3.      The Department of Pension & Pensioners Welfare in their letter No.38/77-A/09-P&PW(A) dated 29-5-2014 written to the Secretary of Petitioner Associaiton (Central Govt. SAG (S-29) Pensioners Association) has stated that as per the directions of Hon’ble CAT their order dated 1-11-2011 is required to be implemented “only in respect of Petitioners in O.A. No.655/2010 and not in respect of all pre 2006 retirees as per the Tribunals order dated 1-11-2011.
         
          There is no such direction that it should be implemented only in respect of Petitioners. May be that Government Advocate had indicated that Government is willing to implement the judgment qua petitioners but the Tribunal had disposed of the contempt Petition by directing the Union of India to implement their directions dated 1-11-2011 expeditiously.

4.      It will not be out of place to mention here that in response to answer to Lok Sabha unstarred question No.3406 Govt. replied that  the above directions of the CAT Principal Bench had already been implemented in respect of all pre 2006 retirees but from an arbitrarily fixed date of 24-9-2012 (vide Department of Pension & Pensioners Welfare O.M. F.No.38/40/12 P&PW(A) dated 28-1-2013) This order was not restricted only to members of the Petitioners Association. Accordingly the direction to implement it wef 1-1-2006 issued by the CAT has to be implemented in respect of all pre 2006 retirees also. 

M. Krishnan
                                                                                                               Secretary General
Confederation
Mob: 09447068125
            e-mail: mkrishnan6854@gmail.com
UNITED TRADE UNION MOVEMENT NATIONAL PROTEST CONVENTION OF WORKERS ON 15-09-2014
-      A meeting of the leaders of all central trade unions was held at INTUC headquarters, New Delhi on 7 August.  Among those who participated in the deliberations included CITU general secretary Tapan Sen, MP, AITUC general secretary Gurudas Dasgupta, BMS general secretary Brijesh Upadhyaya, HMS general secretary Harbajan Singh Sidhu.  The meeting was presided over by G.Sanjiva Reddy, president of INTUC.
-      The Central Trade Unions strongly opposed FDI in insurance, defence and railways.
-      The Central Trade Unions condemned the unilateral decision of Modi government to bring pro-employer labour law amendments; and Rajasthan state amendments of labour laws by Basundhara Raje government.
-      The Central Trade Unions decided National Protest Convention of Workers in Delhi in early September 2014 to finalize country-wide action programmes; and more Rajasthan-centric militant united movement.
-      The Central Trade Unions issued two joint statements.
National Protest Convention of Workers
Date                :    15 Septemer 2014, Monday
Place              :    Constitution Club, New Delhi
Participants    :    National and State Leaders of Central Trade Unions and National Federations.

        M. Krishnan
        Secretary General
        Confederation
        Mob: 09447068125
        e-mail: mkrishnan6854@gmail.com
Thursday, September 11, 2014


NO. CONF/GENL/2014                                                                                      DATED - 11-09-2014
To

The Cabinet Secretary
Government of India
Cabinet Secretariat, Rashtrapati Bhawan,
New Delhi – 110001  
Sir,
Sub: -  Declaration of assets and liabilities by Govt. Employees - exhibiting the details of movable assets in the website - regarding.

All the Central Govt. employees, as per the latest order of the Department of Personnel & Training (DOP&T) have to declare their assets and liabilities, both movable and immovable, as well as their spouses and dependents latest by 15th December 2014. All these informations would be then be put up by the respective ministries on their website accessible to everyone.

A large number of Central Govt. Employees have expressed their fear that putting up details of movable assets such as jewellery and cash in hand and bank would pose a security threat to them and their dependents, leave their children vulnerable to kidnapping and ransom demands.

There are various sources the Government employees would have accumulated wealth such as gift from parents, grandparents property, self-earning, wife-side property, or children’s contribution etc. Putting this information in the public domain would leave them and their family members vulnerable.

It is therefore requested that necessary action may be taken in this regard, so that all such information as stated above shall not be displayed on public domain.

                                                                                                        Yours faithfully,

                                                                                                         (M. Krishnan)
                                                                                                      Secretary General
                                                                                               Mob: 09447068125
                                                                                   e-mail: mkrishnan6854@gmail.com

LOKPAL RULE ON DECLARATION OF ASSETS OF SPOUSES AND DEPENDENT CONDITIONAL STAYED BY DELHI HIGH COURT.
Written By Admin on September 11, 2014 | Thursday, September 11, 2014

            HC granted conditional stay on the Lokpal rules on a petition by the wife of a central government employee who termed the government dictate a violation of her "fundamental rights of equality, life, personal liberty and privacy as flowing from Article 14 and 21 of the Constitution of India."

 NEW DELHI: In Lokpal Act's first brush with courts, the Delhi high court on Tuesday stayed one of its rules on public declaration of assets of spouses and dependent children of government employees.

            A bench of Justices S Ravindra Bhat and Vipin Sanghi directed that information on asset liabilities of spouses or dependent children will not be revealed to the public by government departments. It said such information will only be furnished to respective departments in a sealed cover.

            Till its further orders in November, the court made it clear the sealed envelopes reaching all departments shouldn't be opened.

            The court order comes as a huge relief to harried civil servants and central government employees forced under the Lokpal Act to file declarations of their assets and liabilities and those of their spouses and dependent children. HC granted conditional stay on the Lokpal rules on a petition by the wife of a central government employee who termed the government dictate a violation of her "fundamental rights of equality, life, personal liberty and privacy as flowing from Article 14 and 21 of the Constitution of India."

            Vinita Singla, through her lawyer Manish Jain, questioned the government's decision to seek her assets with the intention to display the information on its website.

            "Even otherwise the constitutional and legal rights, privileges and liberties of the Petitioner cannot be jeopardized and/or affected, just because of the reason that the Petitioner is married to a public servant.

            "The Lokpal and Lokayuktas Act, 2013, which is inter-alia unreasonable, arbitrary, unjustified and unconstitutional, as the same is seeking declaration in the form of information from the public servant even for the assets of the spouse and dependent children, which has not been generated from the income and/or contribution of the public servant in any manner whatsoever and that the said information is further directed to be published on the website of such ministry or department, which will make the said information visible to the public at large, which inter-alia may be detrimental and cause prejudice to the said spouse and/or children of the public servant," Singla argued in HC.

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Memorandum to be submitted to the Cabinet Secretary and Head of the Departments on 11.09.2014 by Confederation and all affiliated organizations. Copy of the Memorandum may be submitted to all Head of Offices/Units after conducting protest demonstration at all important places.

IMPORTANT

PENSIONERS CASE – REPLY FROM MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS, DEPARTMENT OF PENSION & PENSIONERS WELFARE DATED – 02.09.2014

1.     Extension of benefit of upgraded Grade Pay to Pre-2006 retirees of S-12 Grade
Reply: Ministry of Finance, Department of Expenditure has intimated that since the matter is subjudice no decision can be taken. Ministry of Finance clarified that the scale of 6500-10500 has been upgraded to the scale of 7450-11500 and after revision in the Pay Band in PB-2 with Grade Pay of Rs. 4600. Therefore in terms of OM dated 11.05.2011, the Pre-2006 pensioners who held the pre-revised scale of 6500-10500 at the time of their retirement are not entitled for stepping up of their pension and family pension with reference to the revised grade pay of Rs. 4600/-.

2.     Extension of Benefit of OM dated 28.01.2013 with effect from 01.01.2006 instead of 24.09.2012
Reply: The matter is subjudice, so no decision can be taken. Four OAs are decided by a common order dated 01.11.2011 of CAT New Delhi. In OA No. 655/2010 curative petition have been dismissed by Hon’ble Supreme Court. In compliance to order dated 15.05.2014 of CAT Principal Bench New Delhi, action is being taken to implement the CAT order dated 01.11.2011 in respect of petitioner in OA No. 655/2010 only. Law Ministry has advised to await the outcome of the SLP in OA No. 655/2010 before deciding in respect of other Pre-2006 pensioners. Next hearing in SLP No. 36148-50/2013 is on 16.09.2014.

Reserve Bank of India
Date: Sep 04, 2014
Simplification of KYC Norms - Creating Public Awareness

RBI/2014-15/209
DBOD. AML. No. 3356/14.01.001/2014-15
September 4, 2014

The Chairperson / Chief Executive Officers
All Scheduled Commercial Banks (Excluding RRBs)/ Local Area Banks /
All India Financial Institutions

Dear Madam/Sir,

Simplification of KYC Norms - Creating Public Awareness

The Reserve Bank of India, in the recent times, has been taking several measures to simplify KYC requirements to help the common man open bank accounts. It is, however, observed that despite such measures the general public is still facing problems in opening a bank account as these measures have not been given adequate publicity and the common man still lacks awareness on the basics of opening a bank account.


2. In order to address these issues, create public awareness and give wide publicity to these KYC simplification measures, Reserve Bank has issued a Press Release together with a poster and a booklet comprising a few common questions relating to Know Your Customer (KYC) norms for opening bank accounts. These are available on our website at http://rbi.org.in/scripts/BS_PressReleaseDisplay.aspx?prid=31935.

3. In this regard, banks are also advised to initiate steps to create awareness and give wider publicity by circulating the poster and booklet amongst all their branches. Branches may be advised to make available the booklet to the customers/ general public and display the poster prominently in their premises. Progress made in this regard would be reviewed by Reserve Bank in due course.

4. Banks may ensure strict compliance of these instructions.

Yours faithfully,

(Lily Vadera)
Chief General Manager
Nearly 13 months after Central Information Commission (CIC) directed to issue Right to Information (RTI) stamps instead of Indian Postal Orders and bank drafts or cheques to seek information from government departments, the Department of Posts has said printing presses don't have papers to print stamp papers.

The reply, which the Department of Posts has given for non-compliance to the RTI filed by Delhi-based civil activist Subhash Chandra Agarwal, says: "Both the security printing presses at Nasik and Hyderabad do not have paper to print RTI stamps!'' To this reply, Agarwal took a dig at the postal department saying, "these two presses have sufficient paper to print postal stamps for some foreign countries, apart from adequately equipped for printing commemorative and definitive-series stamps regularly with some stamps like on Sachin Tendulkar printed within a few days of decision-taken, but not for RTI, clearly a discrimination against the game-changer Act and disrespect to the CIC direction.''

On August 27, 2013, the CIC had clearly directed Secretary, Department of Posts, that "RTI applications be accepted in all its 25,000-odd post offices across the country and the RTI stamp of the denomination of Rs.10 be used instead of postal orders and this would be time and cost-effective step.'' But the postal department has its own set of reasons for not issuing the RTI stamps so far.

"The issue of RTI stamps is under examination. A committee has been set up by the Secretary (Posts). All stamps are printed by India Security Press at Nasik and Hyderabad. But currently, both presses are out of stamp papers and the printing of postal stamps has been adversely affected by this. Hence, the matter be raised by the DOP&T with the CMD of Security Printing and Minting Corporation of India (SPMCI) Limited and the Finance Secretary under whose charge SPMCI Ltd operates,'' says the RTI reply by Postal Department.

It also hinted at logistics hurdles as opening nearly 25,000 postal offices for this purpose would demand "dedicated manpower and official infrastructure, including computers, which requires cost. In fact, Department of Posts admitted that it has got "no manpower and extra remuneration even to execute RTI Act by accepting those applications and issuing postal orders for the same through its 4,700 designated post offices.'' The onus thus clearly falls on the government to give mandate, manpower and money to execute CIC direction in its right spirit

OSTPONEMENT OF LIMITED DEPARTMENTAL COMPETITIVE EXAMINATION FOR INSPECTOR POSTS (66.66%) DEPARTMENTAL QUOTA AND LGO EXAMINATION FOR THE YEAR 2014

IP Examination, 2014
LGO Examination
Most Urgent

FILE No. A-34012/04/2014-DE
Government of India
Ministry of Communications & IT
Department of Posts
(Recruitment Division)
Dak Bhawan, Sansad Marg,
New Delhi – 110 001
Dated :  9th September,  2014
1.      All Heads of Circles

Sub: Conducting of Limited Departmental Competitive Examination for promotion to the cadre of Inspector Posts (66.66%) Departmental quota for the year 2014 to be held on 20th and 21st September, 2014 and LGO Examination, 2014 proposed to be held on 21st September, 2014. 

Sir/Madam,
  I am directed to refer this office letter No. A-34012/03/2014-DE and A-34012/04/2014-DE dated 3rd June, 2014 wherein the   notifications  for  holding  Limited Departmental Competitive Examination for promotion of LGO to the cadre of PA/SA for the year 2014 to be held on 21st September, 2014 and LDCE for promotion to the cadre of Inspector  posts  for the year 2014  on 20th and 21st September, 2014 were issued.

2.         The Outsourced Agency, M/s CMC Ltd. has intimated that conduct of the above mentioned examination on the scheduled dates is not feasible.  Therefore, the Competent Authority has ordered to postpone both the departmental examinations. The revised dates would be intimated shortly.
3.         This issues with the approval of the Competent Authority. 
 Yours faithfully,
                                                                                                          Sd/-
(M. C. Pandey)

Assistant Director General (DE)

Tuesday, September 9, 2014


ATTENTION

CIRCLE/DIVISIONAL/BRANCH SECRETARIES

POSTAL JCA STRUGGLE PROGRAMME

MAKE IT A GRAND SUCCESS

GET READY FOR STRIKE IF DEMANDS ARE NOT SETTLED


Central JCA (NFPE & FNPO) congratulates Five Lakhs Postal & RMS employees including Gramin Dak Sewaks and Casual Contingent Employees for making the first phase of Nationwide agtational programme a Grand Success. Reports are pouring in the CHQ that the mass demonstration and submission of 39 Points Charter of Demands was conducted in almost all divisions and Circles with large participation of employees.

Central JCA requests all Circle/Divisional/Branch secretaries to organize the following next phases of struggle programme also in a grand manner.

II-Phase – 24.09.2014 – Mass Dharna in front of all Postal/RMS Divisional offices

III-Phase – 27th to 31st October 2014 – Relay Dharna in front of all ROs/COs

IV-Phase – 10.12.2014 – Massive Parliament March of 20,000 Postal & RMS employees including Gramin Dak Sewaks and Casual Contingent Employees.

Please start intensive campaign and preparations now onwards. Please ensure that maximum employees from each divisions participate in the Parliament March to be held on 10.12.2014. Please book the Up & Down travel Ticket well in advance

MEMBERSHIP OF CANTEEN EMPLOYEES - AN APPEAL TO ALL AFFILIATES OF CONFEDERATION

As you are aware. “All India Central Govt. Canteen Employees & Workers Association” is the only recognised association of Canteen Employees in the Central Govt. Departments. This Association is affiliated to Confederation of Central Govt. Employees & Workers.

It is reported that in some departments the canteen employees are enrolled as members of organisations other than those of canteen employees, eventhough it is not permissible as per rules. Canteen employees have a separate identity and there nature of duties are different from other categories of employees of Central Govt. The grievances and problems of canteen employees can be better understood and solved by the “All India Central govt. Canteen Employees & Workers Association”.

All affiliated organisations of Confederation are requested to take necessary action to ensure enrolement of canteen employees membership in the above mentioned Association only. Full address and phone number of the Secretary General is furnished below:


Com: Jogesh Chandra Nayak
Secretary General
All India Central Govt. Canteen Employees & Workers Association
AG Departmental Canteen
O/o Principal AG (A&E) ODISHA
Bhubaneshwar-751001 (Odisha)
Mob: 09437177026
  
                                                                                                                   
                                                                                                       (M. Krishnan)
                                                                                                   Secretary General
                                                                                                 Mob: 09447068125

                                                                                         e-mail: mkrishnan6854@gmail.com

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