Monday, July 16, 2018

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Meeting of the National Anomaly Committee-Confederation

Staff side
MEETING NOTICE

F.No.11/2/2016-JCA (Pt)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
Establishment (JCA-2) Sect,.

North Block, New Delhi
Dated July 13,2018

Meeting Notice

Subject: Meeting of the National Anomaly Committee -regarding.

The next meeting of National Anomaly Committee under the Chairmanship of Secretary (P) is Scheduled to be held on 17.07.2018 (Tuesday) at 11:00 A.M. in Room A. 119, North Block, New Delhi.

2. Kindly make it convenient to attend the meeting.

(Juglal Singh)
Deputy Secretary (JGA)
Tele: 23092338

Source : Confederationhq
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Norms/ Procedure for future promotion in the unified cadre of Track Maintainers.

RBE No. 85/2018
भारत सरकार GOVERNMENT OF INDIA
रेल मंत्रालय MINISTRY OF RAILWAYS
(रेलवे बोर्ड RAILWAY BOARD)

E(NG)I/2012/PM 5/1
New Delhi, dated June 11, 2018
The General Managers,
All Zonal Railways & PUs.
(as per standard list)

Sub: Norms/ Procedure for future promotion in the unified cadre of Track Maintainers.

Attention is invited to provisions contained in item (f) of Board’s letter of even number dated 14.10.2014, which is reproduced below:

The pay of the staff promoted against the vacancies from the date of restructuring orders will be fixed on profarma basis as per Rule 13 of RSRP Rules with the benefit of one increment @ 3% of the basic with the usual option for pay fixation as per extant rules. The actual payments will be made from the date of taking over charge of the hzgher grade post.
Reports have been received that the above provision is not being implemented in its proper perspective on some of the Zonal Railways.

The aforesaid provision is hereby reiterated. Necessary action may please be taken for proper implementation of the instructions.

(P.M.Meena)
Dy. Director II/E(NG)I
Railway Board

Source: http://www.indianrailways.gov.in/railwayboard/uploads/directorate/establishment/ENG-I/RBE_85_2018.pdf

Friday, July 13, 2018

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Transport Allowance at double the normal rates to persons with disabilities employed in Central Government.

No.21/3/2017-E-IIB
Government of India
Ministry of Finance
Department of Expenditure

New Delhi, the 12th July, 2018

Office Memorandum

Subject: Transport Allowance at double the normal rates to persons with disabilities employed in Central Government.

References have been received in this Department seeking clarification whether Transport Allowance at double the normal rate is admissible to persons with disabilities employed in Certral Government who have been provided with Government Accommodation within one km. of office or within the campus housing the place of work and residence.

2. The matter has been considered in this Department and it clarified that persons with disabilities employed in Central Government, as mentioned in Para 2(iii) of 0M No.21/5/2017-EII(B) dated 07.07.2017 regarding grant of Transport Allowance as 7th CPC rates, are eligible to draw Transport Allowance at double the normal rates + DA thereon, irrespective of whether they are residing within the campus – housing the place of work and residence or Govt. or private accommodation within one km. of office.

All other terms and conditions regulating the Transport Allowance at double the normal rates will remain the same.

4. This is ssued with the approval of Secretary (Expenditure).

sd/-
(Nirmala Dev)
Deputy Secretary to the Govemment of India

Source:https://www.finmin.nic.in/

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Master Circular on Probation / Confirmation in Central Services

28020/3/2018 – Estt.(C) 
Government of India 
Ministry of Personnel, Public Grievances & Pensions 
(Department of Personnel & Training) 

North Block, New Delhi 
Dated : 02nd July, 2018 

OFFICE MEMORANDUM 

Subject : Master Circular on Probation / Confirmation in Central Services – reg

The undersigned is directed to refer to this Department’s OM No 28020/1/2010 dated 21,07,2014 on the above subject and to say that guidelines / instructions regarding Probation and Confirmation have been issued from time to time. It is now proposed to farther consolidate these instructions to provide clarity and ease of reference.

2, Below the Master Circular is finalised, it is furnish comments / views in this regard. if any by 16.07.2018 to the undersigned at the email address : jha.sn@nic.in


(Surya Narayan Jha) 
Under Secretary to the Government of India 

No. 28020/3/2018-Estt(C)
Government of India
Ministry of Personnel, PG and Pension
Department of Personnel & Training
North Block, New Delhi
Dated   June, 2018

Subject: Master Circular on Probation/Confirmation in Central Service - Reg.

The undersigned is directed to refer to this Department's O.M. No. No. 28020/3/2010-Estt(C) dated 21.07.2014 wherein consolidated instructions on Probation/Confirmation where issued.

It has been decided to further consolidate the instructions/guidelines in relation to probation and confirmation as a Master Circular to provide clarity and ease of reference.  The Master Circular issued vide O.M. dated 21.7.2014 has been suitably updated as on date and the same is enclosed.  The list of O.Ms. issued till date is at Appendix.

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

MASTER CIRCULAR ON PROBATION AND CONFIRMATION IN CENTRAL SERVICES
1. A person is appointed on probation in order to assess his suitability for absorption in the service to which he has been appointed. Probation should not, therefore, be treated as a mere formality. No formal declaration shall be necessary in respect of appointment on probation. The appointing authority may declare successful completion, extend the period of probation or terminate the services of a temporary employee on probation, on the basis of evaluation of performance.

2. Probation is prescribed when there is direct recruitment, promotion from one Group to another or for officers re-employed before the age of superannuation. The probation shall stand successfully completed on issue of orders in writing. It is, however, not desirable that a Government servant should be kept on probation for long periods.

3. Instead of treating probation as a formality, the existing powers to discharge probationers should be systematically and vigorously used so that the necessity of dispensing with the services of employees at later stages may arise only rarely

4. Concentration of attention on the probationer’s ability to pass the probationary or the departmental examination, if applicable, is essential part of the qualification for confirmation but not the most important part. There should be a very careful assessment of the outlook, character and aptitude for the kind of work that has to be done in the service before a probationer is confirmed.

5. A probationer should be given an opportunity to work under more than one officer during this period and reports of his work obtained from each one of those officers. The probation reports for the whole period may then be considered is fit to be confirmed in service. For this purpose, separate forms of report on the probationers should be used, which are distinct from the usual Annual Performance Appraisal Report (APAR) forms. The probation reports, unlike APAR, are written to help the supervising officer to concentrate on the special needs of probation and to decide whether the work and conduct of the officer during the period of probation or the extend period of probation are satisfactory enough to warrant his further retention in service or post. The probation reports thus do not serve the purpose for which the APARs are written and vice versa. Therefore, in the case of all probationers or officers on probation, separate probation reports should be written in addition to the usual APARs for the period of probation.

6. Save for exceptional reasons, probation should not be extended for more than a year and in no circumstance an employee should be kept on probation for more than double the normal period.

7. A probationer, who is not making satisfactory progress, should be informed of his shortcomings well before the expiry of the original probationary period so that he can make special efforts at self-improvement. This can be done by giving him a written warning to the effect that his general performance has not been such as to justify his confirmation and that, unless he showed substantial improvement within a specified period, the question of discharging him would have to be considered. Even though this is not required by the rules, discharge from the service being a server, final and irrevocable step, the probationer should be given an opportunity before taking the drastic step of discharge.

8. During the period of probation, or any extension thereof, candidates may be required by Government to undergo such courses of training and instructions and to pass examinations, and tests (including examination In Hindi) as Government may deem fit, as a condition to satisfactory completion of the probation.

MANDATORY INDUCTION TRAINING

9. In all cases of direct recruitment there should be a mandatory induction training of at lest two weeks duration. Successful completion of the training may be made a pre-requisite for completion of probation. The syllabus for the training may be prescribed by the Cadre authorities and the Training Division of DOPT can be consulted, if required. The recruitment rules for all posts, wherever such a provision does not already exist, may be amended to provide for such mandatory training. Till such time as the Recruitment Rules are amended, a clause on the above lines may be included in the offer of appointment.

PERIOD OF PROBATION
The period of probation is prescribed for different posts/services in Central Government on the following lines:

Probation period for Direct recruitment
(A) DIRECT RECRUITMENT

If a Government servant is appointed to another post by direct recruitment either in the same department or a different department, it may be necessary to consider him for confirmation in the new post in which he has been appointed by direct recruitment irrespective of the fact that the officer was holding the earlier post on a substantive basis. Further confirmation in the new entry grade becomes necessary because the new post may not be in the same line or discipline as the old post in which he has been confirmed and the fact that he was considered suitable for continuance in the old post (which was the basis for his confirmation in that post) would not automatically make him suitable for continuance in the new post the Job requirements of which may be quite different from those of the old post.

(B) PROMOTION

(i) Persons who are inducted into a new service through promotion shall also be placed on probation but there shall be no probation on promotion from one grade to another but within the same group of posts, except when the promotion involves a change in the Group of posts in the same service, e.g. promotion from Group ‘B’ to Group ‘A’ in which case the probation would be for the prescribed period.

(ii) If the recruitment rules do not prescribe any probation, an officer appointed on regular basis (after following the prescribed DPC procedure, etc.) will have all the benefits that a person confirmed in that grade would have.

(C) APPOINTMENT ON CONTRACT BASIS, TENURE BASIS, RE-EMPLOYMENT AFTER SUPERANNUATION AND ABSORPTION

There shall be no probation in the cases for appointment on contract basis, tenure basis, re-employment after superannuation and absorption.

LEAVE TO PROBATIONER, A PERSON ON PROBATION

11. A person appointed to a post on probation shall be entitled to leave under the rules as a temporary or a permanent Government servant according as his appointment is against a temporary or a permanent post. Where such person already holds a lien on a permanent post before such appointment, he shall be entitled to leave as a permanent Government servant.

12. The period of joining time availed of by a probationer on return from leave should be counted towards the prescribed period of probation if but for the leave, he would have continued to officiate in the post to which he was appointed.

13. If, for any reason, it is proposed to terminate the services of a probationer, any leave which may be granted to him shall not extend –

(i) Beyond the date on which the probation period as already sanctioned or extended expires, or

(ii) Beyond any earlier date on which his services are terminated by the orders of an authority competent to appoint him.

EXTENSION OF PROBATION PERIOD
14. If during the period of probation, a probationer has not undergone the requisite training course or passed the requisite departmental examinations prescribed [proficiency in Hindi, etc.), if any, the period of probation may be extended by such period or periods as may be necessary, subject to the condition that the total period of probation does not exceed double the prescribed period of probation.

15. The Appointing Authority may, if it so thinks fit, extend the period of probation of a Government servant by a specified period but the total period of probation does not exceed double the normal period. In such cases, periodic reviews should be done and extension should not be done for a long period at one time.

16. Where a probationer who has completed the period of probation to the satisfaction of the Central Government is required to be confirmed, he shall be confirmed in the Service/Post at the end of his period of probation, having been completed satisfactorily.

17. Some employees are not able to complete the probation on account of availing leave for long duration during probation period. In such cases if an employee does not complete 75% of the total duration prescribed for probation on account of availing any kind of leave as permissible to a probationer under the Rules, his/her probation period may be extended by the length of the Leave availed, but not exceeding double the prescribed period of probation.

TERMINATION OF PROBATION
18. The decision whether an employee should be confirmed or his probation extended should be taken soon after the expiry of the initial probationary period, that is within six to eight weeks, and communicated to the employee together with the reasons in case of extension. A probationer who is not making satisfactory progress or who shows himself to be inadequate for the service in any way should be informed of his shortcomings well before the expiry of the original probationary period so that he can make special efforts at self-improvement

9. On the expiry of the period of probation, steps should be taken to obtain the assessment reports on the probationer to:-

i. Confirm the probationer/issue orders regarding satisfactory termination of probation, as the case may be, if the probation has been completed to the satisfaction of the competent authority; or

ii. Extend the period of probation or discharge the probationer or terminate the services of the probationer as the case may be, in accordance with the relevant rules and orders, if the probationer has not completed the period of probation satisfactorily.

20. In order to ensure that delays do not occur in confirmation, timely action must be initiated in advance so that the time limit is adherred to.

21. If it appears to the Appointing Authority, at any time, during or at the end of the period of probation that a Government servant has not made sufficient use of his opportunities or is not making satisfactory progress, the Appointing Authority may revert him to the post held substantively by him immediately preceding his appointment, provided he holds a lien thereon or in other cases may discharge or terminate him from service.

22. A Probationer reverted or discharged from service during or at the end of the period of probation shall not be entitled to any compensation.

CONFIRMATION

23. If, during the period of a probation or any extension thereof, as the case may be Government is of the opinion that an officer is not fit for permanent appointment, Government may discharge or revert the officer to the post held by him prior to his appointment in the service, as the case may be.

24. Confirmation will be made only once in the service of an official which will be in the entry grade post/service/cadre provided further confirmation shall be necessary when there is fresh entry subsequently in any other post/service/cadre by way of direct recruitment or otherwise. Confirmation is de linked from the avialbility of permanent vacancy in the grade. In other words, an officer who has successfully completed the probation, as prescribed under relevant rules, may be considered for confirmation. A specific order of confirmation will be issued when the case is cleared from all angels.

25. On satisfactory completion of the period of probation or extension thereof, the Government may confirm a temporary Government servant to his appointment from the date of completion of the period of his probation or extension thereof.

26. The date from which confirmation should be given effect to is the date following the date of satisfactory completion of the prescribed period of probation or the extended period of probation, as the case may be. The decision to confirm the probationer or to extend the period of probation as the case may be should be communicated to the probationer normally within 6 to 8 weeks. Confirmation of the probationer after completion of the period of probation is not automatic but is to be followed by formal orders. As long as no specific orders of confirmation or satisfactory completion of probation are issued to a probationer, such a probationer shall be deemed to have continued on probation.

28. Where probation on promotion is prescribed, the appointing authority will on completion of the prescribed period of probation assess the work and conduct of the officer himself and in case the conclusion is that the officer is fit to hold the higher grade, he will pass on order declaring that the person concerned has successfully completed the probation. If the appointing authority considers that the work of the officer has not been satisfactory or needs to be watched for some more time he may revert him to the post/service/cadre from which he was promoted, or extend the period of probation, as the case may be.

29. Since there will be no confirmation on promotion before an official is declared to have completed the probation satisfactorily, rigorous screening of his performance should be made and there should be no hesitation to revert a person to the post or grade from which he was promoted if the work of the officer during probation has not been satisfactory.

30. A Government servant appointed by transfer would duly have been confirmed in the earlier post. In such a case further confirmation in the new post would not be necessary and he could be treated as permanent in the new post. Where, however, a Government servant who has not already been confirmed in the old post is appointed by transfer, it would be necessary to confirm him in the new post. In such case, he may be considered for confirmation after watching him for two years. Within that period of two years, the officer would earn two reports in the new grade and the DPC may consider his case for confirmation on the basis of these APARs.

Source:http://documents.doptcirculars.nic.in/D2/D02est/probationdraft5go2D.pdf
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Central Government Holidays 2019-DOPT

F.No. 12/2/2018-JCA-2
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
Establishment(JCA – 2)Section

North Block, New Delhi
Dated 11th July,2018

Sub: Holidays To Be Observed In Central Government Offices During the year 2019-Reg

It has been decided that the holidays as specified in the Annexure – I to this O.M. will be observed in all the Administrative offices of the central government located at Delhi/New Delhi during the year 2019. In addition, each employee will also be allowed to avail himself/herself of any two holidays to be chosen by him/her out of the list of Restricted Holidays in Annexure – II

2. Central Government Administrative offices located outside Delhi/New Delhi shall observe the following holidays compulsorily in addition to three holidays as per para 3.1 below:

REPUBLIC DAY
INDEPENDENCE DAY
MAHATMA GANDHI’S BIRTHDAY
BUDDHA PURNIMA
CHRISTMAS DAY
DUSSEHRA (VIJAY DASHMI)
DIWALI(DEEPAVALI)
GOOD FRIDAY
GURU NANAK’S BIRTHDAY
IDU’L FITR
IDU’L ZUHA
MAHAVIR JAYANTI
MUHARRAM
PROPHET MOHAMMAD’S BIRTHDAY(ID-E-MILAD)

3.1 In addition to the above 14 Compulsory holidays mentioned in para2, three holidays shall be decided from the list indicated below by the Central Government Employees Welfare Coordination committee in the State Capitals, if necessary, in consultation with coordination committees at other places in the state. The final list applicable uniformly to all Central Government offices with in the concerned state shall be notified accordingly and no change can be carried out thereafter.

AN ADDITIONAL DAY FOR DUSSEHRA
HOLI
JANAMASHTAMI (VAISHNAVI)
RAM NAVAMI
MAHA SHIVRATRI
GANESH CHATURTHI/VINAYAK CHATURTHI
MAKAR SANKRANTI
RATH YATRA
ONAM
PONGAL
SRI PANCHAMI/BASANT PANCHAMI
VISHU/VAISAKHI/VAISAKHADI/BHAG BIHU/MASHADI UGADI/CHAITRA SUKLADI/CHETI CHAND/GUDI PADAVA/ 1ST NAVRATRA/NAURAJ/CHHATH POOJA/KARVA CHAUTH.

3.2 No substitute holiday should be allowed if any of the festival holidays initially declared subsequently happens to fall on a weekly off or any other non-working day or in the event of more than one festival falling on the same day.

The list of Restricted Holidays appended to this O.M. is meant for Central Government Offices located in Delhi / New Delhi. The Coordination Committees at the State Capitals may draw up separate list of Restricted Holidays keeping in view the occasions of local importance but the 9 occasions left over (indicated in para 3.1), after choosing the 3 variable holidays in para 3.1 above, are to be included in the list of restricted holidays.

5.1 For offices in Delhi / New Delhi, any change in the date of holidays in respect of Idu’I Fitr, Idu’I Zuha, Muharram and Id-e-Milad, if necessary, depending upon sighting of the Moon, would be declared by the Ministry of Personnel, Public Grievances and Pensions after ascertaining the position from the Govt. of NCT of Delhi (DCP, Special Branch, Delhi Police).

5.2 For offices outside Delhi / New Delhi, the Central Government Employees’ Welfare Coordination Committees at the State Capitals are authorised to change the date of holiday, if necessary, based on the decision of the concerned State Governments / Union Territories, in respect of Idu’I Fitr, Idu’l Zuha, Muharram and Id-e-Milad.

5.3. It may happen that the change of date of the above occasions has to be declared at a very short notice. In such a situation, announcement could be made through P.I.B/T.V./A.I.R./ Newspapers and the Heads of Department / Offices of the Central Government may take action according to such an announcement without waiting for a formal order, about the change of date.

6. In 2019, Diwali (Deepavali) falls on Sunday, October 27, 2019 (Kartika 05). In certain States, the practice is to celebrate the occasion a day in advance, i.e., on “Naraka Chaturdasi Day”. In view of this, there is no objection if holiday on account of Deepavali is observed on “Naraka Chaturdasi Day (in place of Deepavali Day) for the Central Government Offices in a State if in that State that day alone is declared as a compulsory holiday for Diwali for the offices of the State Government.

7. Central Government Organisations which include industrial, commercial and trading establishments would observe up to 16 holidays in a year including three national holidays viz. Republic Day, Independence Day and Mahatma Gandhi’s birthday, as compulsory holidays. The remaining holidays / occasions may be determined by such establishments / organisations themselves for the year 2019, subject to para 3.2 above.

8. Union Territory Administrations shall decide the list of holidays in terms of instructions issued in this regard by the Ministry of Home Affairs

9. In respect of Indian Missions abroad, the number of holidays may be notified in accordance with the instructions contained in this Department’s O.M. No.12/5/2002-JCA dated 17th December, 2002. In other words, they will have the option to select 12 (Twelve) holidays of their own only after including in the list three National Holidays and Budha Purnima, Janamashtami (Vaishnava), Diwali, Milad-un-Nabi or Id-e-Milad in the list of compulsory holidays falling on day of weekly off.

10. In respect of Banks, the holidays shall be regulated in terms of the extant instructions issued by the Department of Financial Services, Ministry of Finance.

11. Hindi version will follow.

(Juglal Singh)
Deputy Secretary (JCA)

Annexure – 1
LIST OF HOLIDAYS DURING THE YEAR 2019 FOR ADMINISTRATIVE OFFICES OF CENTRAL GOVERNMENT LOCATED AT DELHI / NEW DELHI

Annexure -II
LIST OF RESTRICTED HOLIDAYS DURING THE YEAR 2019 FOR ADMINISTRATIVE OFFICES OF CENTRAL GOVERNMENT LOCATED AT DELHI /NEW DELHI


Source:https://dopt.gov.in/

Thursday, July 12, 2018

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NJCA will again meet on 18.08.2018 to finalize the future course of action-Confederation

National Joint Council of Action 
4, State Entry Road, New Delhi-110055 
No.NJCA/2018 

Dated: July 3, 2018 

Dear Comrades,

The NJCA met today and took note of the inordinate delay in honouring the commitment made by the Government on 30th June, 2016 in respect of Minimum Wage, Fitment Formula, Scrapping the New Contributory Pension Scheme, Option No.1 to Pensioners, Outsourcing, Regularisation of Contract/Casual Workers, JCM revival etc.

At the end of the deliberations it was decided to  adopt a resolution [ Read ] and forward the same to the Government.

Copies of the Resolution and letter to the Cabinet Secretary are enclosed herewith [ Read ], which are self-explanatory.

The NJCA will again meet on 18.08.2018 to finalize the future course of action in the matter of Indefinite Strike which was deferred on 06.07.2016.

Comradely yours, 
sd/- 
(Shiva Gopal Mishra) 
Convener 

Source: Confederation

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NJCA will be left with no other alternative but to revive the decision of Indefinite Strike action-Confederation

National Joint Council of Action 
4, State Entry Road New Delhi – 110055 
No. NJCA /2018 

Dated: July 3, 2018 
Cabinet Secretary,
Government of India,
Rashtrapati Bhawan Annexe,
New Delhi-110001

Dear Sir,

The NJCA of the organizations, participating in the JCM, met today and adopted the enclosed resolution.

The NJCA was extremely unhappy to note that the government did not honour its commitment made to the leaders of the organizations when they met the Hon’ble Home Minister and Finance Minister in the presence of the then Railway Ministers on 30.06.2016 on the basis of which the Indefinite Strike which was to commence on 11.07.2016 was deferred.

The reply to a question asked by Shri Neeraj Shekhar in the Upper House of the Parliament (Rajya Sabha) given by Hon’ble Minister of State for Finance, Shri P. Radha Krishnan, on 06.03.2018 Minister, which is reproduced below, has further angered the Central Government employees.

“Question of Shri Neeraj Shekhar (1170)

(a) Whether Government is actively contemplating to increase minimum pay from Rs. 18,000/- to Rs.21,000/- and fitment factor from 2.57 to 3, in view of resentment among the Central Government employees over historically lowest increase in pay by 7th Central Pay Commission (CPC);

(b) If so, the details thereof and the date from which it would be implemented; and

(c) If not, the reasons for the callous attitude of Government towards Government Employees?”

ANSWER

MINISTER OF STATE FOR FINANCE ( SHRI P RADHAKRISHNAN )

“(a), (b)&(C ) – The minimum Pay of Rs.18,000/- p.m. and fitment factor of 2.57 are based on the specific recommendations of the 7th Central Pay Commission in the light of the relevant factors taken into account by it. Therefore, no change therein is at present under consideration”.

The NJCA has decided to meet again on 18.08.2018 to consider the response, if any, from the government to this letter and to the enclosed resolution.

In case of the continuing negative attitude of the government, the NJCA will be left with no other alternative but to revive the decision of Indefinite Strike action, which was deferred on 06.07.2016 on the basis of the assurance given by the Group of Ministers on 30.06.2016.

Sincerely yours,
(Shiva Gopal Mishra)
Convener

Source : Confederation
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Pay Fixation of medically decategorized Running Staff on their absorption in alternative post

Registration No. : RTU/Nnn/31/2012 
NFIR 
National Federation of Indian Railwaymen 
3, CHELMSFORD ROAD, NEW DELHI - 110055

Affiliated to :
Indian National Trade Union Congress (INTUC)
International Transport Workers' Federation (lTF)

No. I/2/Part IV
Dated: 05/07/2018
The Secretary/ (E),
Railway Board, New Delhi

Dear Sir,

Sub: Pay Fixation of medically decategorized Running Staff on their absorption in alternative post-reg'

Reports are being received by the Federation that the pay fixation granted in the case of medically de categorized Running Staff on their absorption in the alternative stationery posts, after introduction of 7th CPC Pay Matrix levels, has resulted in loss of legitimate financial benefits to them.

In this connection, NFIR desires to bring to Railway Board's notice that consequent to implementation of 6th CPC Pay Band with Grade Pay, since it was an open ended Pay Scale having no fixed stages, whatever the pay so arrived at, after computing Pay plus 30% thereon (as Pay element), the same was fixed in the same Pay Band + Grade Pay and such pay fixation had resulted in no loss to Running Staff as the question of pay fixation with personal pay (PP) had not arisen.

Now with the implementation of the 7th CPC Pay Matrices with effect from 0l/01/2016, the medically decategorised. Running Staff absorbed in alternative: posts have been put to disadvantageous position consequent upon pay fixation, resulting loss of one increment benefit for the year. The pay fixation cases of two medically decategorised Loco Pilots, absorbed in alternative posts in Salem Division of Southern Railway are mentioned below as example:-

The above position indicates that the pay fixation in alternative posts has caused loss to the staff as a portion of the pay has been treated as "PP" even though appropriate stage is available in the table given for Pay Level-6 of 7th CPC.

The above irregular pay fixation needs to be rectified duly re-fixing pay at the stage available in Pay Level-6 without treating any portion af pay as "PP".

NFIR, therefore, requests the Railway Board to look into the faulty pay fixation of treating a portion of pay as 'PP' in the "ur" oi medically decategorized Running Staff absorbed in alternative posts and issue suitable clarification instructions to the Southern Railway in particular and other zonal Railways in general not to treat a portion of pay as 'PP', when the ,tug., are available in the 7th CPC pay levels.

A copy of the instructions issued may be endorsed to the Federation.

Yours faithfully
Dr. M. Raghavaiah
General Secretary

Source:http://www.nfirindia.com
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SC refuses to pass interim order on plea on reservation to SC/ST in govt jobs

The Supreme Court on Wednesday refused to pass an interim order against its 2006 verdict which dealt with the application of the ‘creamy layer’ for reservations to SC and ST categories in government job promotions.

A bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud said a seven-judge Constitution bench is needed to consider the 2006 verdict M Nagraj verdict.

Attorney General K.K. Venugopal, appearing for the Centre, said the matter should be heard urgently by a seven-judge Constitution bench as lakhs of jobs in Railways and services are stuck due to confusion over various judicial pronouncements.

The bench said one Constitution bench is already seized of various matters and the issue can only be taken up in the first week of August.

On November 15 last year, the top court had said a five-judge Constitution bench will examine the limited issue of whether the 2006 verdict delivered in M Nagaraj and other versus Union of India was required to be re-looked at or not.

The M. Nagaraj verdict had said the creamy layer concept cannot be applied to the Scheduled Castes and Scheduled Tribes for promotions in government jobs like two earlier verdicts – 1992 Indra Sawhney and others versus Union of India (popularly called Mandal Commission verdict) and 2005 E.V. Chinnaiah versus State of Andhra Pradesh – which dealt with creamy layer in the Other Backward Classes category.

However, on June 5, in a major relief to the Centre, the apex court allowed it to go ahead with reservations in promotion for employees belonging to the SC and ST category in “accordance with law”.

The top court took into account the Centre’s submissions that the entire process of promotions had come to a “standstill” due to the orders passed by various high courts and the apex court had also ordered for “status quo” in a similar matter in 2015.

A vacation bench of Justices Adarsh Kumar Goel and Ashok Bhushan said the Centre was not “debarred” from making promotions in accordance with law in the matter.

The government had said there were separate verdicts by the high courts of Delhi, Bombay and Punjab and Haryana on the issue of reservation in promotion to SC/ST employees and the apex court had also passed different orders on appeals filed against those judgement.

Source: www.thehindu.com

Wednesday, July 11, 2018

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Clarification on applicability of “Very Good” benchmark for financial upgradation-MACP NEWS

No. 7-8/2016-PCC (Pt.)
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg
New Delhi – 110001
Date: 02.07.2018

To
All Heads of Circles.

Sub: Clarification on applicability of “Very Good” benchmark for financial upgradation under MACPS and consideration of “Good” benchmark for the previous years before 25.07.2016.

Reference from various Service Unions and Circles have been received in this Directorate seeking clarification about applicability of “Very Good” benchmark for financial upgradation under MACPS. Being the nodal Department for MACP Scheme, the matter was referred to DoP&T for issue of clarification on following points. The clarification provided by the DoP&T vide Dy. No. 1313564/18/CR dated 15.06.2018 is given against each point for guidance and strict observance:-
S/No.Point of doubtClarifications
iWhether grading of “very good” is applicable from 25.7.2016 onwards and for previous period the old grading i.e. “good” may be taken into while considering MACPS or the “very good” grading is to be considered for the whole period of 5 years w.e.f. 25.7.2016 as per the DoP&T’s order dated 27/28.09.2016.The DoP&T vide OM dated 28.09.2016 has implemented the recommendation of 7thCPC, accepted by the Government for enhancing benchmark for grant of MACP to “Very Good”. These instructions are applicable w.e.f. 25.07.2016, the date of issue of Government Resolution by D/o Expenditure. Therefore, in cases where MACP falls due on or after 25.07.2016, the revised benchmark of “Very Good” is to be followed. In other words, the overall grading of the APARs reckonable for grant of MACP should be atleast “Very Good”.
iiIf, the whole period of ACR (APAR) to be taken as “very good”, then officials be allowed to represent, if any, in case they have below bench mark than “very good” or the Department may review all cases at its own.There is no question of allowing second opportunity of representation against the APAR which are post 2009 as there are already disclosed to the employees in APAR process.

2. All concerned may be informed accordingly.

(R.L. Patel)
Asstt. Director General (GDS/PCC)


Source: Confederation

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