Highlights from the NCJCM Standing Committee Meeting held on 20.9.2023
Outcome of the issues discussed in the Standing Committee meeting of the National Council – JCM held on 20/09/2023 under the Chairpersonship of Secretary (P) DOPT
As already informed to you the meeting of the Standing Committee of National Council – JCM was held on 20/09/2023 under the Chairpersonship of Secretary (P) DOPT. At the outset after the introductory remarks made by the Chairperson and before taking up the agenda points Staff Side raised the following important issues:-
Table of Contents
Scrap NPS and Restore OPS
1) More than 20 lakh Central Government Employees are in NPS. A huge rally on the 10th of August 2023 was held at Ramleela Maidan New Delhi in which more than 3 lakhs of Central & State Government Employees participated demanding for Scrapping of the No Guarantee NPS and to restore the Defined and Guaranteed Old Pension Scheme. The Staff Side once again reiterates its demand that the NPS should be scrapped and the Old Pension Scheme should be restored at the earliest.
2) The office of the Staff Side is receiving innumerable representations on issues which can be sorted out at the Departmental Level itself. Since the Departmental Councils are not functioning and meetings are not taking place, all the issues are referred to our office and we are forced to bring all those issues to your notice. It is therefore essential that the Departmental Council – JCMs should meet regularly in accordance with the JCM scheme and regular meetings at the Departmental Level should be held with the Staff Side so that the National Council – JCM can concentrate on the common issues of Central Government employees.
This is a serious matter and hence DOPT may take up the matter with all the Secretaries of the various Ministries and Departments to ensure that the JCM functions effectively in accordance with the spirit of the JCM Scheme.
3) The Meeting of the National Council – JCM is also overdue. The last meeting of the National Council – JCM was held through video conference during 21/06/2021. We request the Cabinet Secretary through you that he may convene the meeting of the National Council JCM at the earliest.
4) Despite High Court orders upheld by Supreme Court for grant of 3 MACP nd in GP Rs 4600 to the Master craftsman of MOD who were given 2 ACP in the Grade pay of Rs.4200, the DOPT have advised the MOD to withdraw the same. All the concerned employees have retired long back and as per DOPT instructions there cannot be any recovery and as per CCS Pension Rules, Pension once fixed cannot be revised downwards other than on penalties moreover the DOPT Instructions to Defence Ministry amounts to contempt of Court.
Therefore DOPT may Direct MOD not to take any precipitative action in this regard. A copy of letter written by the AIDEF is this regard is being handed over to Secretary DOPT. The same may please be considered favorably.
Stop Recovery from Retired Employees
5) Another matter of serious concerned is the non-implementation of the DOPT O M dated 02/03/2016 on the subject of recoveries of wrongful / excess payments by the employers impermissible in Law. According to this instruction any excess payment made to the employees due to the mistake of the administration and not because of any false claim by the employees the concerned department should process the case for waiver of recovery and get the approval of Department of expenditure. However in many field units / offices instead of following these guidelines recoveries of huge amount from the employees and retiring employees are being effected.
Therefore DOPT may issue strict instructions to all the departments to follow the DOPT O M date 02/03/2016 and not to recover any amount from the employees and retiring employees in accordance with the DOPT OM.
Conversion of NPS employees to Old Pension Scheme
6) Department of Pension & Pensioners Welfare have issue orders on 03/03/2023 for conversion of NPS employees to Old Pension Scheme if they were recruited on or after 01/01/2004 on the basis of the notification / Advertisement issued before 22/12/2003. Due to a confusion with regard to Notification and Advertisement the benefit of Old Pension Scheme is not being extended to the concerned employees. This needs to be clarified by the Department of Pension or DOPT.
It is proposed that the Notification letter issued by the concerned Ministry / Department / Field Units for recruitment of certain number of vacancies in different categories should be taken as the date of Notification since in many cases the advertisement by the DAVP in the employment News etc are delayed by months together. Moreover there are many issues which needs to be clarified since the field units are not implementing the Department of Pension order dated 03/03/2023. A separate meeting with the Staff Side may please be convened in this regard.
7) The Staff Side is repeatedly representing for releasing the 18 months frozen DA / DR arrears to the Central Government employees & Pensioners. However till date a favorable decision is not taken by the Government. It is therefore requested that Government may reconsider the decision & released DA/ DR Arrears due for 18 months as a Diwali gift.
8) Posts lying vacant in all the Central Government Departments should be filled up to stop outsourcing and contract etc.
Outcome of the NCJCM Standing Committee Meeting held on 20.9.2023
Thereafter the following Agenda Points were taken up for discussion.
Decision take on each of the agenda points is given below:-
1) Extension of CGHS facilities to the Civilian Employees of left out Industrial Establishment under Western Command of Navy Mumbai.
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