DEFERRING OF THE INDEFINITE STRIKE – CLARIFICATIONS
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.
M. KRISHNAN
Secretary General,
Confederation of Central Govt Employees & Workers
Email: mkrishnan6854@gmail.com
Mob: 09447068125