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