By M. Krishnan, Secretary
General,Confederation of C. G. Employees & Workers
Dear Comrades,
We are in receipt of messages and emails from our grass root leaders and
workers conveying their concerns over the decision of NJCA to defer the
indefinite strike. Comments are circulated in other social medias like whats
app etc. also. As it is not practically possible to reply to all the queries
and comments, to put the record straight, we are clarifying below the common
points raised by most of our comrades and well-wishers. We sincerely thank all
those leaders, comrades and well-wishers, who have conveyed (and still
conveying) their views, opinions, criticisms and concerns to the confederation
CHQ.
1.
CONVEYING THE DEFERMENT OF THE STRIKE EVEN BEFORE THE NJCA FORMALLY
ANNOUNCED IT:
NJCA has taken serious note of this incident and shall take precautionary
measures in future.
2.
WHETHER IMPLEMENTATION OF THE CABINET DECISION ON 7TH CPC RECOMMENDATIONS
WILL BE DELAYED FURTHER FOR FOUR MONTHS
The question of keeping in abeyance the implementation of the Cabinet
decision on 29th June 2016 regarding 7thCPC recommendations, till the High
Level Committee submits its report to Govt, was discussed in the NJCA meeting.
It is decided that NJCA should not demand it, as the employees may be put to
hardship, especially those who are in the verge of retirement. Com Shiv Gopal
Misra, Convenor, NJCA has confirmed from the Finance Ministry that Govt
notification on 7th CPC recommendations is under process and it will be issued
shortly, payment may be made from August salary.
3.
WHAT IS THE DIFFERENCE BETWEEN EMPOWERED COMMITTEE CONSTITUTED EARLIER
AND THE NEW HIGH LEVEL COMMITTEE?
The new High Level Committee is the product of the discussion held by Group
of Ministers including Home Minister, Finance Minister and Railway Minister
with NJCA leaders after announcement of the Cabinet decision, in the wake of an
impending indefinite strike. Govt is compelled to appoint the new Committee, as
the decision taken by the Govt on the proposals submitted by the Empowered
Committee headed by Cabinet Secretary (details of proposals of ECoS is not
known to staff side) is not acceptable to the NJCA. Hence the new Committee
shall be to reconsider the decision of the Govt. especially regarding minimum
wage and fitment formula. Inspite of the assurance of the Groups of Ministers
that the Committee is being constituted to reconsider the Govt. decision, if
the Govt. again reject our demand, the NJCA have to reconsider its stand and
deferred strike shall be revived.
4.
POSITION REGARDING ALLOWANCES
All allowances including HRA, transport allowance, fixed medical
allowance to pensioners etc. are referred to a committee headed by Finance
Secretary. Committee shall submit its report within four months. Pending final
decision based on the report of the Committee, all existing allowances to be
paid as per the existing rates in existing pay structure. Govt. may try to deny
arrears of revised rate of allowances by implementing it from prospective date
as in the past. This issue will be further discussed by the NJCA with the
proposed Committee.
5.
WE WOULD HAVE GOT A BETTER SETTLEMENT IF NJCA HAS GONE AHEAD WITH THE
INDEFINITE STRIKE
All of us are aware that NJCA is not a monolithic, composite
organization. It is a united forum of independent organisation. Each Federation
has its own identity and individuality and take decision as per the direction
of the managing bodies of each organization. Hence different views may emerge
in the NJCA, but final decision is taken by consensus. If each organization
stick on to its own stand and others to follow it, there is no question of
consensus and NJCA will not exist.
With all its inherent weakness and limitations, the NJCA has successfully
challenged the NDA Govt’s stand that there is no negotiation with the staff
side on the 7th CPC recommendations. Govt. thought that once the Cabinet
decision is announced unilaterally, followed by unleashing of well-orchestrated
media propaganda that big bonanza is given for Central Govt. Employees, the
NJCA will be forced to withdraw its indefinite strike decision. But the
calculation of the Govt went wrong. NJCA took a firm stand that unless and
until the retrograde recommendations especially minimum wage and fitment
formula is modified, there is no question of withdrawing the strike. All the
Federations are firm on this demand which ultimately compelled the Hon’ble
Prime Minister to intervene. (NJCA has written to Hon’ble Prime Minister for intervention
even before the Cabinet decision, but the Govt. ignored the NJCA’s appeal at
that time). As per the direction of the Hon’ble Prime Minister, Hon’ble Home
Minister Sri Rajnath Singh, Finance Minister Sri Arun Jaitly and Railway
Minister Sri Suresh Prabhu discussed the main issues raised in the Charter of
demands with NJCA leaders, and assured that Govt. will appoint a High Level
Committee to reconsider the decision of the Govt., especially on minimum pay
and fitment formula. This assurance was given with the approval of Hon’ble
Prime Minster.
Inspite of it, the NJCA has not deferred the strike and insisted written
confirmation of the assurance regarding constitution of High Level Committee.
Again Hon’ble Home Minister Sri Rajnath Singh called the NJCA leaders and
reiterated the earlier assurances and informed that the Finance Minister will
issue a press statement confirming the assurance given to NJCA. Only after
receipt of the copy of the press statement issued by the Finance Ministry, NJCA
has deferred the strike till the finalization of the report of High Level
Committee.
As the Hon’ble Prime Minister of our country has intervened and as
three Cabinet Ministers of Govt. of India discussed the demands with NJCA
leaders and gave assurance that the demands, especially minimum pay and fitment
formula will be reconsidered, and as the Home Minister has again reiterated the
assurances to NJCA leaders and Finance Minster has issued press statement
confirming the constitution of High Level Committee, the NJCA felt that before
embarking upon an indefinite strike which is the last weapon in the hands of
the workers, we should give time to the Govt. to implement the Minister’s
assurances given as per the direction of the Prime Minister and honour its commitment
given to NJCA leaders. NJCA taking a stand that we don’t believe the Ministers
and their assurance and shall go ahead with the strike, may not be taken in
good spirit by the general public and the media. In case the Govt. backs out
from its assurances, the NJCA has got every right to revive the deferred
indefinite strike.
Com. Shiva Gopal Mishra, Convenor, NJCA has made it clear in the
circular issued on 7th July 2016, which reads as follows: -
“Though there is positive assurance from the Govt. of India, but all of
you will not take rest and assume counseling the cadre and ground staff that
they should remain in full preparedness, because if there will not be
SATISFACTORY OUTCOME, we will be having no alternative except to agitate the
issues again.”
6.
WHAT ABOUT PARITY IN PENSION? WILL IT BE IMPLEMENTED AS THERE IS A CLAUSE
IN THE GOVT DECISION THAT THE PROPOSED COMMITTEE WILL EXAMINE THE FEASIBILITY
OF IMPLEMENTATION OF THE OPTION No I, ie PARITY IN PENSION TO PAST PENSIONERS
This issue was raised before the Group of Minister by Com. K. K. N.
Kutty, who is also the Secretary General of NCCPA (National Co-ordination
Committee of Pensioners Associations). It was pointed out to the Finance
Minister that even though the Govt. has decided to accept 7th CPC
recommendation to have two options to pensioners, it is qualified with the
words “subject to feasibility.” The Finance Minister categorically assured the
delegation that the Govt. has accepted the recommendations in toto and the
Pension Department has only been asked to sort out the difficulties in
implementation of the Option-No-I, if any.
7.
WHAT ABOUR DEMANDS OF THE GRAMIN DAK SEVAKS, AS NJCA IS MORE CONCERNED
WITH MINIMUM PAY FITMENT FORMULA ONLY
Any increase in the minimum pay and fitment formula for departmental
employees (MTS, Postman & PA) will be extended to Gramin Dak Sevaks also
proportionately as the GDS Pay Scales are decided based on the pay scales of
corresponding category of departmental employees. So, the demand to increase
minimum pay and fitment formula of MTS, Postman and PA is equally important for
GDS also.
As regards, civil servant status the NJCA has raised this demand before
the Govt and 7th CPC. Even though the 7th CPC Chairman, Retired Justice Ashok
Kumar Mathur has informed the JCM staff side leaders he will not consider the
GDS case as they are not included in the terms of reference of the Commission,
the Chairman gave a very damaging recommendation to the Govt. that GDS are not
Civil Servants but they are part – time employees and Extra-departmental
agents. He further stated that all the GDS are having another main independent
income from another source and GDS job is only a side-business. NJCA leaders
have raised the issue of GDS before the Cabinet Secretary’s Committee and also
before the Group of Ministers. We shall again raise the issue before the
proposed high level committee also. Govt. has constituted a separate committee
for GDS under the Chairmanship of Retired Postal Board Member Sri Kamalesh
Chandra. NFPE, AIPEU-GDS and Confederation has submitted detailed memorandum
before the Committee and Secretary General NFPE Com. R. N Parashar, General
Secretary AIPEU-GDS Com, P. Panduranga Rao along with other leaders has given
evidence before the GDS Committee demanding Civil Servant status. The GDS
committee will submit its report before December 2016. Further NFPE and
AIPEU-GDS has filed a case in the Supreme Court for grant of Civil Servant
status. Supreme Court has transferred the case to Delhi High Court which in
turn transferred it to Principal Bench of Central Administrative Tribunal,
Delhi. The final argument of the case will take place on 25th July 2016. NJCA,
Confederation, NFPE and AIPEU – GDS are jointly trying their level best to get
justice to three lakhs Gramin Dak Sevaks of the Postal Department. If the GDS
Committee report is against the GDS, then definitely NJCA and Confederation
will be fully supporting the agitational programmes of NFPE & AIPEU-GDS including
indefinite strike.
The main hurdle is the policy of the NDA Govt. as the Communication
Minister of NDA Govt. has rejected our demand for grant of Civil Servant status
to GDS.