Minutes of the 46th Ordinary Meeting of the National Council (JCM) held on 15th May, 2010
MINUTES OF NATIONAL COUNCIL (JCM)
North Block, New Delhi
Subject: Minutes of the 46th Ordinary Meeting of the National Council (JCM) held on 15th May, 2010.
MINUTES OF THE 46th MEETING OF THE NATIONAL COUNCIL
(JCM) HELD ON 15TH May 2010
1. The 46th Meeting of the National Council (JCM) was held on 15th May 2010 under the Chairmanship of Shri K. M. Chandrasekhar, Cabinet Secretary. A list of the representatives of Staff Side and Official Side who participated in the meeting is annexed.
2. The Cabinet Secretary and Chairman, National Council (JCM) extended a hearty welcome to the representatives of the Staff Side as well as the Official Side. The Chairman stated that although there has been a long gap between the 45th and 46th meeting of the National Council but there have been continued informal interactions between the staff and official sides. He referred to the fruitful discussions held with the representatives of the Staff Side to discuss the recommendations of the 6th CPC and also stated that the meetings of the Standing Committee have also been held quite frequently. He further hoped that there would be progress achieved in the two meetings of the National Anomaly Committee. He also stated that a Joint Committee consisting of the members of the staff side and official side to specifically look into the anomalies in the Modified Assured Career Progression Scheme has been set up. Therefore, it has been the endeavour of the Government to address the problems of the employees as effectively as possible.
3. The Chairman then enumerated some of the decisions taken by the Government in the recent past :
â˘ The CCS (Revised Pay) Rules 2008 have been notified vide GSR 622 (E) dated 29th August 2008.
â˘ Instructions have been issued vide O.M. No.1/1/2008-IC dated 30th August 2008 regarding fixation of pay and payment of arrears.
â˘ Instructions regarding revision / refixation of pension/ family pension have been issued vide O.M. NO. 38/37/08-P&PW dated 1st September 2008.
â˘ Instructions regarding revision in the provisions regulating pension/ gratuity/ commutation of pension/family pension/disability pension/ex-gratia lump sum compensation have been issued vide O.M. No.38/37/08-P&PW dated 2nd September 2008.
â˘ Instructions / guidelines regarding the Modified Assured Career Progression Scheme (MACP) have been issued vide O.M. No.35034/3/2008-Estt (D) dated 19th May 2009.
â˘ Instructions/ guidelines regarding enhancement in the quantum of maternity leave and introduction of Child Care Leave (CCL) to women employees have been issued vide O.M. No.13018/2/2008-Estt. (L) Dated 11th September 2008.
â˘ Instructions / guidelines regarding special casual leave to the Central Government Employees with disabilities have been issued vide O.M. No 25011/1/2008-Estt. (A) Dated 19th November 2008.
â˘ In addition, most of the allowances of the Central Government Employees have been doubled as per the recommendations of the 6th Central Pay Commission.
ITEM NO. 01/10/NC-46
SUBJECT: REIMBURSEMENT OF AYAA CHARGES â DELEGATION THEREOF
The staff side requested to delegate the power for reimbursement of Ayaa charges to the Head of Department (HOD), as has been done in case of reimbursement of Special Nurse Charge, which will not only help the employees to get the reimbursement in time but also save Govt. expenditure towards postage charge.
The official side stated that the Ministry of Health and Family welfare, vide its Office Memorandum dated 30th June 2008, has already addressed this problem.
ITEM NO. 02/10/NC-46
SUBJECT: REIMBURSEMENT OF EXPENDITURE TOWARDS IMPLANTATION OF SPECIAL TYPES OF STENTS LIKE CYPHER STENT ETC. IN CASE OF CS (MA) BENEFICIARIES â DELEGATION THEREOF
The staff side requested that the power for reimbursement of expenditure towards implantation of special types of stents like Cypher stents etc., in case of CS (MA) beneficiaries may be delegated to the head of Department (HOD), as has been done in case of Coronary stents, which will help the employees to get the reimbursement in time and save them from financial hardship.
The official side stated that Ministry of Health & Family Welfare has already issued an Office Memorandum on 12th September 2007 and a clarification in this regard has been issued on 8th February 2010 and the request of the staff side has been addressed.
ITEM NO. 03/10/NC-46
SUBJECT: PATHOLOGICAL & DIAGNOSTIC PROCEDURES
The staff side stated that very limited facilities are available with Polyclinic of CGHS Jaipur. That is why MO (i/c) of CGHS Dispensaries at Jaipur refers such cases to State Govt. SMS Hospital. The Principal & Controller of SMS Hospital has declined to entertain such requests. Such procedures like Lipid Profile, G.Hb. HbAC, LET, RFT, PSA etc. are not available in CGHS Polyclinic, nor has such procedures been approved in respect of any of the empanelled Hospitals/Diagnostic Centres at Jaipur. The staff side further stated that it may be possible that such problems are being faced at other CGHS Stations as well. Therefore, the general orders may kindly be issued in this regard.
ITEM NO. 04/10/NC-46
SUBJECT: GRANT OF FMA IN LIEU OF OUT DOOR TREATMENT FACILITIES
The staff side stated that Fixed Medical Allowance of Rs.100/- p.m. is granted to Central Govt. Pensioners who reside in place not covered by CGHS as also to such CGHS beneficiaries who have opted for FMA in lieu of out door treatment. In Railways, FMA is also granted to pensioners holding RELH card
ITEM NO. 05/10/NC-46
SUBJECT: RELOCATION OF ONE CGHS DISPENSARY IN WADI AREA, UNDER THE JURISDICTION OF MUNICIPAL CORPORATION, NAGPUR
The staff side stated that there are about 1500 pensioners who are settled at Wadi Area of Nagpur. They are permanent Cardholders of CGHS Nagpur. At present these pensioners have been attached to three Dispensaries viz. Civil Lines, Seminary Hills & Kotol Road OPD Dispensaries. All these dispensaries are situated about 15 k.m. away from Wadi area. The transport facility is quite inadequate &, therefore, in one visit to these Dispensaries from Wadi area for consultation and another for obtaining indented medicines would cost these beneficiaries more than about Rs.300/-. Therefore, the staff side requested that one of these OPD Dispensaries viz. Civil Lines or Kotol Road may be relocated in Wadi area.
The official side stated that the matter had already been discussed with the staff side and it was agreed to have a joint inspection of Wadi area and further action in the matter will be taken on the basis of the joint inspection report.
SUBJECT: SPECIALIZED CONSULTATION IN PUC HOSPITAL LIKE ISPAT HOSPITAL, HEC HOSPITAL & CCL HOSPITAL, RANCHI
The staff side stated that as per circular No. CGHS/ Ranchi/(Admn)/2006/436 dated 31.3.2006 issued by Jt. Director, CGHS, Ranchi, the beneficiaries will take specialized consultation in RIMS, Sadar Hospital (Govt. Hospitals) and in PUC Hospitals such as Ispat, HEC & CCL Hospitals. However which specialists are there in the above PUC hospitals has not been notified. Of late all beneficiaries of Ranchi are being asked to take specialized consultation only in RIMS hospitals which is 12 k.m. away from residences of pensioners from Doranda, Kadrn & Hinoo areas of Ranchi City. This is very inconvenient particularly for pensioners beneficiaries who have to travel this long distance and then to stand for long time in a queue. If they are referred to any of the above PUC hospitals which are nearby, they can get the consultation there in no time. Accordingly, the staff side requested that for specialized consultation, at least Pensioners beneficiaries may be referred to the above one PUC Hospitals.
SUBJECT: SUPPLY OF FREE DIET TO EMPLOYEES AND THEIR DEPENDANT UNDER TREATMENT FOR TB, LEPROSY, MENTAL ILLNESS, CANCER AND HIV/AIDS, RENAL DIALYSIS THERAPY, THALSAEMA.
The staff side stated that there are provision for free diet to employees and their family undertaking treatment for T.B. etc. drawing basic pay up to Rs.6000/- Rs.6200/- (for Railway employees). The staff side proposed that the list of diseases may include diseases like Cancer, HIV/AIDS Renal dialysis and therapy, Thalsaema etc. and all employees and their families drawing pay in the Pay Scale under Pay band I may be extended the facility of free diet.
ITEM NO. 08/10/NC-46
SUBJECT: SANCTION OF INCENTIVE ALLOWANCE TO CENTRAL GOVERNMENT EMPLOYEES WORKING IN EXTREMISTS INFESTED AREAS
ITEM NO. 09/10/NC-46
SUBJECT: DECLARATION OF GANDHINAGAR AS LINK â CITY OF AHMEDABAD.
ITEM NO. 10/10/NC-46
SUBJECT: UPGRADATION OF JAMNAGAR AS B-2 TOWN WITH EFFECT
The staff side stated that the Gujarat State Govt. had issued notification on 20.7.2006 including entire area of the Navagam-Ghed Municipality within the limits of Jamnagar. As a result of this the population of Jamnagar City had exceeded 5 lakhs. The city of Jamnagar was therefore, upgraded as B-2 Town for grant of HRA/CCA with effect from 1.1.2007 & not with effect from 20.7.2006, the date on which the above notification had been issued. In the case of Asansol, Tiruchirapplli & Salem the date of effect from which these towns were upgraded was the date on which the notification for enlarging the said Municipalities were issued. The staff side, therefore, urged that in the case of Jamnagar, its upgradation may be granted with effect from 20.7.2006, for the purpose of grant of HRA/CCA at higher rates.
The official side stated that Jamnagar was upgraded w.e.f. 1.1.2007 after the receipt of the intimation from the State Government. The staff side further stated that there is no laid down policy that this has to be done from the date of Notification. The staff side contended that there is nothing wrong in granting the
ITEM NO. 11/10/NC-46
SUBJECT: A-1 STATUS TO BANGALORE CITY
The staff side stated that whereas the Govt. of Karnataka by a Notification dated 16.1.2007 had constituted BBMP, raising its population to exceed 50 lakhs, the Govt. of India have granted A-1 status to enlarged Bangalore City for purposes of HRA with effect from 1.10.2007. The staff side, therefore, demanded that Upgradation of Bangalore City as A-1 town may also be given effect from 16.1.2007.
The official side agreed to re-examine the matter.
ITEM NO. 10/10/NC-46
SUBJECT: ANOMALY IN THE FIXATION OF REVISED PENSION
The staff side stated that as per the RPS Rules, 1997, those special pay/Allowances which were not continued after the implementation of revised pay scale have been treated as part of pay and included in emoluments for fixation of revised pay. The result is that those employees drawing the pre revised special Pay/Allowances have got the benefit thereof in there revised pay/pension etc. However employees who had retired prior to 1.1.96 have been denied this benefit as such special Pay/Allowances have not been included in their emoluments for fixation of their revised pension. Employees drawing these pre revised special Pay/Allowances who retired after 1.1.1996 have been granted higher pension than the later which is clearly an anomaly.
The staff side, therefore, proposed that pre revised special Pay/Allowances (which have been merged with revised pay) may be included in the emoluments of employees who retired prior to 1.1.1996 for fixation of their pension as on 1.1.1996 / date of retirement.
The official side stated that after 1.1.1986, the system of reckoning special pay and allowances for the purpose of fixation of pension was discontinued. However, as per the recommendations of the 5th CPC, certain special pay and allowances were merged in the pay of the employees. Therefore, these were
automatically taken into account as emoluments for the purpose of fixation of pension. Therefore, there was no change in the basic principle that special pay or allowance shall not be reckoned for fixation of pension. Therefore, it is not possible to agree to the demand of the Staff Side.
ITEM NO. 13/10/NC-46
SUBJECT: ELIGIBILITY OF FAMILY PENSION TO WIDOW/DIVORCE DAUGHTER/UN-MARRIED DAUGHTER WHO ARE NOW ELIGIBLE FOR PAYMENT OF FAMILY PENSION FOR INCLUSION OF NAMES IN PPOs ISSUED MUCH EARLIER.
The staff side stated that in terms of Railway Service (Pension) Rules, 1993 and extant instructions, widow/divorce/unmarried daughters over 25 years of age are now made eligible for payment of family pension subject to fulfillment of certain conditions. However the Railway Administration is not including their names in the PPOs resulting in hardship to them.
The official side stated that suitable clarification has been provided to the Ministry of Railways by the Department of pension and Pensionersâ Welfare and accordingly, Ministry of Railways has also issued suitable instructions in the matter in the month of March.
The Staff Side also raised another related issue regarding insistence of the concerned authorities in the Ministry of Defence to produce an income certificate from the competent authority in matters relating to payment of family pension to eligible widowed/ divorced/ unmarried daughters. However, the competent authority is not defined anywhere and therefore, most of the cases are pending. The Chairman directed the Official Side representative of the Ministry of Defence to look into the matter and resolve the issue. The Staff Side also cited certain other difficulties being faced in granting family pension to those eligible. The Chairman directed Secretary, Department of Pension & Pensionersâ Welfare to hold discussion with the Staff Side and issue clarifications wherever required.
ITEM NO. 14/10/NC-46
SUBJECT: GRANT OF FAMILY PENSION IN CASE OF MISSING
PENSIONERS AFTER TWO MONTHS
The staff side stated that some pensioners breathed their last while away on tour/pilgrimage and were cremated as unidentified men. In such a situation it would not be possible for the widowed wife of the pensioner to obtain her husbandâs Death Certificate/Life Certificate. As a missing pensioner, the wife shall have to complete necessary formalities/report to Police and wait at least for one year before she can be granted family pension. The provision for starting family pension in the above case after Police formalities and only after one year is very harsh. This long period during which no family pension is payable will make it very difficult for the wife to survive. The staff side, therefore, proposed that family pension may be paid to the wife of such pensioner on the basis of the life certificate of the wife 2 months after reporting the matter to the police.
ITEM NO. 15/10/NC-46
SUBJECT: GRANT OF HALF DAY CASUAL LEAVE FACILITY FOR INDUSTRIAL EMPLOYEES
The staff side stated that the Govt. of India has removed the disparity in the matter of Earned Leave between Industrial and Non-industrial employees. However, the disparity in the matter of Casual Leave still remains. The Industrial Employees of the Ministry of Defence are also eligible for 8 days Casual Leave in a year. However Industrial Employees are not permitted to avail half day Casual Leave. Staff side, therefore, demanded that the Industrial employees should also be permitted to avail half days Casual Leave at par with other Central Govt. employees.
The official side stated that the mater has been examined and the Ministry of Defence has issued the orders for granting half daysâ casual leave to the industrial employees.
However, the staff side stated that while issuing the order granting the facility of half day casual leave, the existing dispensation of allowing the industrial workers two hours leave on medical grounds twice in a month has been arbitrarily withdrawn by the Ministry of Defence which is not at all justified and demanded that this facility should be restored.
The Chairman agreed with this and stated that suitable instructions would be issued soon.
ITEM NO. 16/10/NC-46
SUBJECT: RELAXATION OF UPPER AGE LIMIT FOR DEPARTMENTAL CANDIDATES FOR APPOINTMENT TO GROUP C POSTS
The staff stated that according to the existing instructions, the upper age limit for departmental candidates for direct recruitment to Gr. C posts has been prescribed at 40 years for General candidates, 45 years for candidates belonging to SC/ST and 43 years for those hailing from OBC subject to the condition that the direct recruitment in Gr. C posts is in the same line or allied cadre etc. The staff side requested to allow age concession to the departmental candidate to the extent of the period of service rendered by them under Govt. of India which will go a long way in mitigating the grievances of the departmental candidates who have acquired or who may acquire higher qualifications.
ITEM NO. 17/10/NC-46
SUBJECT: RATE OF STITCHING CHARGE OF LIVERIES REQUIRES TO BE INCREASED
The Staff side stated that the rate of stitching charge of liveries has been raised many folds due to the inflation from the date of its fixation. It has become almost impossible for various offices & employees to get the liveries stitched at the rates sanctioned. The staff side therefore proposed that rates of stitching charges may be doubled.
The official side stated that the rates of stitching charges of liveries were last revised in the year 2006. The official side further contended that as per the past history, the rates of stitching charges have been revised after an interval of five years. Therefore, the next revision is due in the year 2011.
ITEM NO. 18/10/NC-46
SUBJECT: CASUAL LABOURERS (GRANT OF TEMPORARY STATUS & REGULARIZATION) SCHEME â NON IMPLEMENTATION OF.
The staff side stated that there are Temporary Status Casual Labourers (TSCLs) in almost all the Ministries/ Departments of the Government of India. Though they were granted Temporary Status in the year 1993, and the scheme formulated for them also envisages their eventual regularization, the very fact that they continue to be Temporary Status Casual Labourers after a lapse of about 15 years clearly indicates that no steps have been taken to get them regularized. The staff side, therefore, proposed that specific measures may be advised and implemented to get them regularized within a reasonable period of time. The staff side further stated that after rendering 3 years of service as TSCL in the year 1996, they were treated on par with temporary Group âDâ employees for the purpose of contribution to the General Provident Fund Account. However, after introduction of the New Pension Scheme with effect from 1.1.2004, this benefit has been withdrawn and the amount of G.P.F already contributed to their account has been refunded. Since 50% of the service rendered by them up to 1.1.2004 (i.e. about 5Â˝ years service) is to be treated as pensionable service, these employees cannot be treated as having been appointed on or after 1.1.2004 and, therefore, the benefit of G.P.F. may be restored to them.
The staff side further stated that CGHS facilities or CS (MA) Rules are admissible to all regular employees. This has not been extended to TSCLs. When these employees have been treated on per with temporary Group âDâ employees they may also be granted the benefit of CGHS/ CS (MA) Rules. The staff side, therefore, proposed that if necessary the scheme may kindly be modified in order to extend these facilities to them.
The official side stated that the Department of Personnel & Training had requested all the Ministries and Departments to send the proposal for regularisation of all the casual labourers covered under the âCasual Labourers (Grant of Temporary Status & Regularisation) Scheme.â Accordingly proposals were received and DoPT, in consultation with the Department of Expenditure, has already cleared the regularisation of 231 casual labourers. It was further stated that proposals received from certain other Ministries / Departments are under process. Therefore, there is no delay in regularisation of casual labourers (temporary status).
Regarding the demand of the Staff Side relating to restoration of the benefit of General Provident Fund, the Official Side informed that there were a series of court cases in the matter and presently the matter is pending in the Supreme Court. Therefore, the matter is sub-judice. The Official Side also informed that subsequent to the introduction of the New Pension Scheme, instructions were issued in April 2004 to the effect that no credit of the previous service shall be available to the casual labourers if they are regularized after 1.1.2004. The Staff Side stated that there were many casual labourers who were granted the temporary status prior to 1.1.2004 but their services were not regularized as on that date. Therefore, at least this category of employees must be provided the benefit of the counting of past service and the facility of GPF may be restored to them. At this point of time, the Chairman intervened and stated that if the Staff Side had any legal point on this aspect, then the same may be forwarded to the Department of Personnel & Training for examination.
ITEM NO. 19/10/NC-46
SUBJECT: RESTRICTED HOLIDAYS FOR THE EMPLOYEES WORKING IN THE INDUSTRIAL ESTABLISHMENTS
The staff side stated that as per the Govt. of India instructions on the subject of holidays to be observed in Govt. offices, the employees are entitled to avail any two holidays as restricted holidays in addition to the 14 compulsory holidays and three holidays decided by the Central Govt. Employees coordination committee in the State capitals. However, the Employees working in the industrial Establishments are eligible for 16 holidays in a year including 3 National Holidays. The employees of Industrial Establishments are thus deprived of one holiday. Apart from this, the various Ministries are not allowing two days restricted holidays for the employees working in the Industrial Establishments especially under the Ministry of Defence. This is a clear discrimination, since the Govt. of India instructions on this subject do not prohibit restricted holidays for the employees of the Industrial Establishments.
In view of the above, the staff side demanded that the employees working in Industrial Establishment may also be given 17 holidays and 2 restricted holidays.
The Official Side stated that there is a fundamental difference between the way the holidays are decided for Central Government administrative offices and the industrial establishments. While no substitute
ITEM NO. 20/10/NC-46
SUBJECT: APPLICABILITY OF CCS (RSA) RULES 1993 TO THE
WORKERS EMPLOYED IN DEFENCE ESTABLISHMENTS
The staff side stated that the CCS (RSA) Rules 1993 are meant for recognition of service association of Central Govt. Employees. These rules are not applicable to workers employed in Defence installations of the Ministry of Defence for whom separate Rules of Recognition exist. Majority of the Defence installations are Industrial Establishments and are registered under the Factories Act and the Industrial Dispute Act is applicable to these Establishments. As per the provisions of the Factories Act and Industrial Dispute Act the category of Clerks, Store Keepers, Draughtsman, Driver, Durwan, Fireman, Peon, Canteen Employees and Supervisory Staff are âWorkersâ for all the purpose. In spite of this clear position, the Associations formed by the above mentioned category of employees who are âworkersâ are being recognised by the Ministry of Defence under the CCS (RSA) Rules 1993. This is not correct and is against the recognitionrules for the Trade Unions in the Min. of Defence. In view of the staff side requested that suitable action may be taken to rectify this anomalous situation.
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