ALL INDIA RMS AND MMS EMPLOYEES UNION GR 'C', MAHARASHTRA AND GOA CIRCLE: August 2016

Wednesday, 31 August 2016

PARTICIPATE AND MAKE THE ONE DAY GENERAL STRIKE ON 2ND SEPTEMBER, 2016 A GRAND SUCCESS.

No.R-III/Circular-31/2016 Dated 24-08-2016

All CWC Members, Circle, Divisional and Branch Secretaries.

Dear Comrades,

PARTICIPATE AND MAKE THE ONE DAY GENERAL STRIKE

ON 2^ND SEPTEMBER, 2016 A GRAND SUCCESS.

All India RMS & MMS Employees Union Group `C` CHQ Red Salute congratulates to all CWC members, Circle Secretaries, Divisional Secretaries and Branch Secretaries, office bearers and members for participating and making a grand success II Phase programme on 2^nd August, 2016 Dharna infront of Regional Offices. Now CHQ appeals to all to mobilize rank & file to participate and make a grand success RMS JCA programme One Day Hunger Strike on 26^th September, 2016 infront of all CPMG offices and One Day General Strike on 2^nd September, 2016 called by Central Trade Unions on 12 Point Part (A) and 11 Point Part (B).

DIMAOND JUBILEE AND 25^TH NATIONAL CONFERENCE OF CONFEDERATION:-

The Diamond Jubilee Year (1956-2016) 25^TH National Conference of the Confederation of Central Govt. Employees and Workers was held at S.K. Vyas hall, Dharmaprakash Kalyana Mandapam, Chennai from 16th to 18th August, 2016 undere the Presidentship of Com. K.K.N. Kutty.

Com.T.K.Rangarajan, MP and Chairman Reception committee delivered welcome speech. Com.A.K. Padmanabhan, National President, CITU, inaugurated the Open Session on 16-8-2016 at 11.00 AM and elaborately spoken on role of the Indian Working Class in the freedom struggle of our country, historic struggle and strikes by Central Govt. employees in 1960 five days, 1968 September 19th strike, 1974 Bonus strike by Railway Federations etc., FDI in Railways, defence, Privatisation,outsourcing, fill up vacant posts, regularisation of Casual labours and appealed to all to mobilize rank & file to participate and make a grand success of 2^nd September, 2016 One Day General Strike. Sri.R.S.Bharati, MP, DMK greeted the Conference.

Com.T.M.Murthy, National Secretary, AITUC, Com.Shiv Gopal Mishra, Convenor NJCA & General Secretary, AIRF, Dr.M.Reghavaiah, Chairman NJCA and Secretary General, NFIR,C.Sri Kumar S/G AIDEF, Com.A. Sreekumar, Secretary General (AISGEF), Com.Chellappa, AGS BSNL, Com.K.Raghavendran, Deputy Secretary General, NCCPA, Com.S.Mohan, Secretary General, CCCGO,,Com.Elangovan, DREU, Com.A.G.Pasupathy,Ex-President, COC, Tamil Nadu, Com.K.V.Sridharan, Ex-GS, P-III and other leaders addressed the Conference.

Com.Durai Pandian, General Secretary, COC Tamilnadu State and Reception Committee offered vote of thanks.

After lunch Justice K.Chandru (Retired Justice of Madras High Court) presented key note on the subject - “Neo-liberal economic Policies and Labour Law reforms”.

Com.M.Krishnan, Secretary General, Confederation presented the Draft Report and Com. V. Bhattacharjeee F/S Confederation presented the Accounts of three years in the house for discussion and adoption.

On 17-8-2016 National women convention was held under the Presidentship of Com. Usha Boneppalli at the same venue alongwith 25^th National Conference of Confederation.

Com. A.Manjula (TN) welcomed the guests and delegates. Dr. V.Vasanthi Devi former Vice Chancellor Manonmaniam Sundaranar University, Tirunelveli and former Chairperson of T.N. State women`s Commission inaugurated the Convention. Com. Usha Boneppalli delivered Presidential address, Com. R.Seethalakshmi Convenor presented the Organisational Report. More than 200 women delegates and visitors attended . Coms. Swati roy Behera (Kolkata RMS Dn.),N.Anuradha Aruna C.Pachapar Bangalore Stg. Dn., M, Nalini (Hyd.bad Stg Dn.)Shakuntala `ID` Dn. Indore, took part in delebration and they were elected as member of confederation Women`s Sub Committee.

Coms. Usha Boneppalli ITEF, R.Seethalakshmi NFPE, and Com. Geeta Bhattacharjee NFPE were elected as President , convenor and Joint convenor respectively. Com. Angel Sathyanathan gave vote of thanks.

On 18-8-2016 Delegate Session was started at 10.00 hrs. Coms P.V. Rajenderan, President R-III CHQ, A.Sreenivas AGS R-III, M. Rama Krishna offg. C/S R-III out of 22 participated in discussions.

256 delgats and visitors participated in this Conference from various states. More than 40 Resolutions were adopted in this Conference.

Coms. K.K.N. Kutty, M.Krishnan, V.Bhattacharjee, T.Narsimhan, Giri Raj Singh, R.Seethalakshmi, R.N. Parashar, P.Suresh, T.Satyanarayana, P.Rangarao,Virender Tewari, were elected as President, Secretary General, financial Secretary ,Vice President , Asstt. Secretary respectively. Detail Reports available on our website.

PAYMENT OF QUOTA:- All Circle, Divisional and Branch Secretaries are requested to remit Quota to CHQ @Rs.30/- (CHQ-Rs.26.25, NFPE-Rs.3.75) per member per month from August, 2016.

SPECIAL DONATION:- All India RMS & MMS Emp. Union Group `C` CHQ appeal to all CWC Members, Circle, Divisional and Branch Secretaries to collect Rs.100/- as Special donation for CHQ from members of our Organisation during the payment of arrears in order to meet the expenditure arising out of revised pay and high rise prices. Please implement it. NFPE and Confederation call for Special donation may also be implemented .

SETTING UP OF ANOMALY COMMITTEE:- Govt. of India has set up the Anomaly Committee to settle the anomalies arising out of implementation of the 7 CPC recommendation vide No. 11/2/2016-JCA dt. 16-8-2016.

GDS COURT CASE:- Next date of hearing has been fixed on 29-11-2016

DETAILS OF BRANCH WISE MEMBERSHIP:-All Divisional Secretaries are requested to send the details of members branch wise alongwith name of Branch Secretary to CHQ immediately.

All CWC Members, Circle/Divisional/ Branch Secretaries, office bearers are requested to mobilize rank & file and make 2^ndSeptember, 2016 One Day General Strike and RMS JCA programme One Day Hunger Strike on 26^th September, 2016 infront of All CPMG`s office a grand success.

Expected DA from 1-7-2016:- 2%D.A. is expected from 1-7-2016 according to new formula.

With best wishes.

Yours comradely,

(Giri Raj Singh)

General Secretary

IMPORTANT GOVT ORDER A MAJOR VICTORY OF THE STRUGGLE OF CENTRAL GOVT EMPLOYEES:

Confederation of central Govt Employees & Workers have been continuously fighting against pension reforms implemented by Govt in tune with the neo-liberal policies and demanding SCRAPPING OF THE NEW PENSION SYSTEM (NPS). Further we have been demanding that those employees who are covered by NPS should be eligible for payment of Death cum Retirement Gratuity (DCRG) and Family Pension and also Govt guaranteed Minimum Pension and Compensation for price rise (Dearness Relief). Now the Govt has conceded one of our demand. Govt of India has issued orders to extend the benefit of Gratuity to all NPS Employees. Further the Cabinet has decided to constitute a committee for streamlining the implementation of NPS. We shall present the remaining issues before that Committee also. Scrapping of NPS is one of the main demand of 2016 September 2nd General Strike also. No struggle will go in vain. Let us make the strike a grand success

M.Krishnan,

Secretary General

Confederation.

No. 7/5/2012-P&PW(F)/B

Ministry of Personnel, Public (Grievances and Pensions

Department of Pension and Pensioners Welfare

Lok Nayak Bhawan, Khan Market,

New Delhi-110 003, Dated the 26^th August, 2016

OFFICE MEMORANDUM

Subject: Extension of benefit of Retirement Gratuity and Death Gratuity to the Central Government Employees covered by new Defined Contribution Pension System (National Pension System) – regarding.

The undersigned is directed to say that the pension of the Government servants appointed on or after 1.1.2004 is regulated by the new Defined Contribution Pension System (known as National Pension System), notified by the Ministry of Finance (Department of Economic Affairs) vide their O.M. No. 5/7/2003-ECB & PR dated 22.12.2003. Orders were issued for payment of gratuity on provisional basis in respect of employees covered under National Pension System on their retirement from Government service on invalidation or death in service, vide this Department’s O.M. No. 38/41/2006-P&PW(A) dated 5.5.2009.

2. The issue of grant of gratuity in respect of government employees covered by the National Pension System has been under consideration of the Government. It has been decided that the government employees covered by National Pension System shall be eligible for benefit of ‘Retirement gratuity and Death gratuity’ on the same terms and conditions, as are applicable to employees covered by Central Civil Service (Pension) Rulke,1972.

3. These orders issue with the concurrence of Ministry of Finance, Department of Expenditure, vide their .D. Note No. 1(4)/EV/2006-II dated 29.07.2016.

4. In their application to the persons belonging to the India Audit and Accounts Department, these orders issue after consultation with Comptroller and Auditor General of India.

5. These orders will be applicable to those Central Civil Government Employees who joined Government Service on or after 1.1.2004 and are covered by National Pension System and will take effect from the same date i.e. 1.1.2004.

Sd/-

(Harjit Singh)

Director (Pension Policy

ONE MORE STRIKE DEMAND SETTLED

Bonus ceiling raised to Rs.7000/- from Rs.3500/- with effect from 01.04.2014 – orders issued.

Earlier Gratuity order for NPS pensioners issued.

Intensify campaign & make the 2^nd September 2016 strike a thundering success.

Government Understands the language of struggle and strike only.

Bonus Order

Meeting of Group of Senior Officers to discuss the grievances arising out of recommendations related to 7th Central Pay Commission - reg.

Monday, 22 August 2016

SPECIAL DONATION:-

All India RMS & MMS Employees & Union Group `C` appeal to all CWC Members/Circle/Divisional/Branch Secretaries to collect Rs.100/- Special donation from the members of our organization during payment of arrears in order to meet the expenditure arising out of revised pay and high price rise Please implement it. NFPE and Confederation call for Special donation may also be implemented.

Simultaneous action for prosecution and departmental proceedings – DOPT Orders

F.No.11012/6/2007-Estt (A-III)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

Establishment A-III Desk

******

North Block, New Delhi-110 001

Dated: 21st July, 2016

OFFICE MEMORANDUM

Subject : Simultaneous action of prosecution and initiation of departmental proceedings.

***

The undersigned is directed to refer to the Department of Personnel and Training OM of even number dated the 1st August, 2007 on the above subject and to say that in a recent case, Ajay Kumar Choudhary vs Union Of India Through Its Secretary & Anr, Civil Appeal No. 1912 of 2015, (JT 2015 (2) SC 487), 2015(2) SCALE, the Apex Court has directed that the currency of a Suspension Order should not extend beyond three months if within this period a Memorandumof Charges/Charge sheet is not served on the delinquent officer/employee;

2. It is noticed that in many cases charge sheets are not issued despite clear prima facieevidence of misconduct on the ground that the matter is under investigation by an investigatingagency like Central Bureau of Investigation. In the aforesaid judgement the Hon ‘ble Court has also superseded the direction of the Central Vigilance Commission that pending a criminal investigation, departmental proceedings are to be held in abeyance.

3. In the subsequent paras the position as regards the following issues has been clarified:

(i)Issue of charge sheet against an officer against whom an investigating agency is conducting investigation or against whom a charge sheet has been filed in a court;

(ii) Effect of acquittal in a criminal case on departmental inquiry

(iii)Action where an employee convicted by a court files an appeal in a higher court

Issue of charge sheet against an officer against whom an investigating agency is conducting investigation or against whom a charge sheet has been filed in a court

4. It has been reaffirmed in a catena of cases that there is no bar in law for initiation of simultaneous criminal and departmental proceedings on the same set of allegations. In State of Rajasthan vs. B.K. Meena & Ors. (1996) 6 SCC 417 =AIR 1997 SC 13 = 1997 (1) LW 746 (SC), the Hon’ble Supreme Court has emphasised the need for initiating departmental proceedings in such cases in these words:

It must be remembered that interests of administration demand that the . undesirable elements are thrown out and any charge of misdemeanor is enquired. · into promptly. The disciplinary proceedings are meant not really to punish the guilty but to keep the administrative machinery unsullied by getting rid of bad elements. The interest of the delinquent officer also lies in a prompt conclusion of the disciplinary proceedings. If he is not guilty of the charges, his honour should be vindicated at the earliest possible moment and if he is guilty, he should be dealt with promptly according to law. It is not also in the interest of administration that persons accused of serious misdemeanor should be continued in office indefinitely, i.e., for long periods awaiting the result of criminal proceedings.

5. In Capt. M. Paul Anthony vs. Bharat Gold Mines Ltd. & Anr.:., (1999) 3 SCC 679, the Supreme Court has observed that departmental proceedings and proceedings m a criminal case can proceed simultaneously as there is no barm their being conducted simultaneously, though separately.

Effect of acquittal in a criminal case on departmental inquiry

6. The question as to what is to be done in the case of acquittal in a criminal case has been answered by the Hon ‘ble Supreme Court in R.P. Kapur vs. Union of India & Anr. AIR 1964 SC 787 (a five Judge bench judgement) as follows:

If the trial of the criminal charge results in conviction, disciplinary proceedings are bound to follow against the public servant so convicted. Even in case of acquittal proceedings may follow where the acquittal is other than honourable.

7. The issue was explained in the following words by the Hon’ble Supreme Court in the following words in Ajit Kumar Nag v GM, (PJ), Indian Oil Corporation Ltd., (2005) 7 SCC 764:

Acquittal by a criminal court would not debar an employer from exercising power in accordance with Rules and Regulations in force. The two proceedings criminal and departmental are entirely different. They operate in different fields and have different objectives. Whereas the object of criminal trial is to inflict appropriate punishment on offender, the purpose of enquiry proceedings is .. to deal with the delinquent departmentally and to impose penalty in accordance with service Rules. In a criminal trial, incriminating statement made by the accused in certain circumstances or before certain officers is totally inadmissible in evidence. Such strict rules of evidence and procedure would not apply to departmental proceedings. The degree of proof which is necessary to order a conviction is different from the degree of proof necessary to record the commission of delinquency. The rule relating to appreciation of evidence in the two proceedings is also not similar. In criminal law, burden of proof is on the prosecution. and unless the prosecution is able to prove the guilt of the accused ‘beyond reasonable doubt’, he cannot be convicted by a court of law. In departmental enquiry, on the other hand, penalty can be imposed on the delinquent officer on a finding recorded on the basis of ‘preponderance of probability’. Acquittal of the appellant by a Judicial Magistrate, therefore, does not ipso facto absolve him from the liability under the disciplinary jurisdiction of the Corporation.

8. The judgement of the Hon’ble Supreme Court in G.M. Tank vs State of Gujarat (2006) 5 SCC 446 has reaffirmed the principles laid down in R.P. Kapur (supra). In G.M. Tank case, Court observed that there was not an iota of evidence against the appellant to hold that he was guilty. As the criminal case and the departmental proceedings were based on identical set of facts and evidence, the Court set aside the penalty imposed in the departmental inquiry also.

9. Ratio in the G.M. Tank judgement should not be misconstrued to mean that no departmental proceedings are permissible in all cases of acquittal or that in such cases the penalty already imposed would have to be set aside. What the Hon’ble Court has held that is no departmental inquiry would be permissible when the evidence clearly establishes that no charge against the Government servant may be made out.

Action where an employee convicted by a court files an appeal in a higher court

10. In many cases Government servants who have been found guilty by lower courts and have filed appeals in higher courts represent for reinstatement/ setting aside the penalty imposed under Rule 19(i) of the CCS (CCA)Rules, 1965. In such cases, the following observations of the Hon’ble Supreme Court in K.C. Sareen vs C.B.l.,Chandigarh,2001 (6) sec 584 are to be kept in view:

When a public servant was found guilty of corruption after a judicial adjudicatory process conducted by a court of law, judiciousness demands that he should be treated as corrupt until he is exonerated by a superior court. The mere fact that an appellate or revisional forum has decided to entertain his challenge and to go into the issues and findings made against such public servants once again should not even temporarily absolve him from such findings. If such a public servant becomes entitled to hold · public office and to continue to do official acts until he is judicially · absolved from such findings by reason of suspension of the order of conviction it is public interest which suffers and sometimes even irreparably. When a public servant who is convicted of corruption is allowed to continue to hold public office it impair the morale of the other persons manning such office, and consequently that would erode the already shrunk confidence of the people in such public institutions besides demoralising the other honest public servants who would either be the colleagues or subordinates of the convicted person. If honest public servants are compelled to take orders from proclaimed corrupt officers on account of the suspension of the conviction the fall out would be one of shaking the system itself.

11. Thus action against a convicted Government servant should be taken straight away under Rule 19(1). An appeal against the conviction or even a stay on the sentence will have no effect unless the conviction itself is stayed.

12. In view of the law laid down in various judgements, including the ones quoted above, in cases of serious charges of misconduct, particularly involving moral turpitude, the Ministries/Departments should keep the following points in view to take prompt action:

(i) All incriminating documents should be seized promptly to avoid their tempering or destruction of evidence.

(ii) Particular care needs to be taken for retention of copies of such documents while handing over the same to an investigating agency. These documents may be attested after comparison with the originals.

(iii)In case the documents have been filed in a court, certified copies of documents may be obtained.

(iv)Documents and other evidence must be examined to see whether any misconduct, including favour, harassment, negligence or violation of rules/instructions has been committed. If there is a prima facie evidence of misconduct, charge sheet under the appropriate rule must be issued.

(v) Court judgements should be promptly acted upon:

(a) in cases of conviction action is to be taken under Rule 19(i) of the CCS (CCA)Rules, 1965;
(b) in cases of acquittal also, if the Court has not acquitted the accused honourably, charge sheet may be issued;
(c) an acquittal on technical grounds or where a benefit of doubt has been given to the accused will have no effect on a penalty imposed under CCS (CCA)Rules, 1965, as while in a criminal trial the charge has to be proved beyond reasonable doubt, in the departmental inquiry the standard of evidence is preponderance of probability.

(vi)An appeal by the accused against conviction, but where the conviction has not been overturned/ stayed, will have no effect on action taken under Rule 19(i) of the CCS (CCA)Rules, 1965, even if Court has directed stay/ suspension of the sentence.

13. All Ministries/Departments are requested to bring the above guidelines to the notice of all concerned officials for compliance.

14. Hindi version follows.

Mukesh Chaturvedi
Director (E)

DIAMOND JUBILEE -REPORT of NATIONAL CONFERENCE OF THE CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES & WORKERS

URGENT/IMPORTANT

All National Secretariat Members & Special Invitees of Confederation.

Meeting of the newly elected National Secretariat of Confederation will be held on 30^thSeptember 2016 (Friday) at New Delhi at 10:30 AM. Notice will be issued shortly.

All National Secretariat Members & Special invitees are requested to book their Travel Tickets immediately.

M. Krishnan

Secretary General

Confederation

Mob: 09447068125

DIAMOND JUBILEE YEAR (1956-2016)

25TH NATIONAL CONFERENCE OF THE CONFEDERATION OF

CENTRAL GOVERNMENT EMPLOYEES & WORKERS

2016 AUGUST 16TH, 17TH & 18TH - CHENNAI

DHARMA PRAKASH KALYANA MANDAPAM

Circular No.1/2016-19 Dated: 19-08-2016

REPORT

The Diamond Jubilee Year (1956-2016) 25th National Conference of the Confederation of Central Govt. Employees and Workers was successfully held at Chennai, Dharmaprakash Kalyana Mandapam, from 16th to 18th August, 2016. The auditorium was named as “Com.S.K.Vyasji Auditorium” in memory of the great legendary leader of Central Govt. employees and Ex-Secretary General & President, Confederation Late Com.S.K.Vyas. The Reception Committee under the able and dynamic leadership of Com. T.K.Rangarajan, MP (Chairman) and Com.Durai Pandian (General Secretary) made excellent arrangement for the successful conduct of the historic conference.

INAUGURAL SESSION (OPEN SESSION):

The National Conference commenced on 16th August, 2016 morning with flag hoisting ceremony. Com.T.K.Rangarajan,MP and Chairman, Receiption Committee hoisted the National Flag and Com.K.K.N.Kutty, National President, Confederation hoisted the Confederation flag. Tribute to the maliyrs was paid by offering flowers at the Martyrs column by all Guests, Leaders, delegates and observers.

The inaugural session started at 11.15 AM. Com.K.K.N.Kutty presided, Com.T.K.Rangarajan, MP delivered welcome address. Com.A.K. Padmanabhan, National President, CITU, inaugurated the 25th National Conference. In his inaugural address Com.A.K.P. has elaborately spoken on the following important issues and points - the role of the Indian Working Class in the freedom struggle of our country, historic struggle and strikes conducted by Central Govt. employees viz. 1960 five days strike, 1968 September 19th strike, 1974 Bonus strike lead by Railway Federations etc., the need of unity of working class and Central Govt. employees, 2016 September 2nd General Strike call of Central Trade Unions and independent Federations , role of BMS and effort being made to bring BMS also to the united movement, FDI in Railways, defence and strategic sale of Public Sector undertakings, Govt’s refusal to hold serious negotiations with the Central Trade Unions, the reluctance of the Cabinet Sub Committee constituted by Prime Minister under the Chairmanship of Finance Minister to hold meaningful negotiations, Govt. understands the language of struggle and strikes, need of intensive campaign to take the message of Sept. 2nd strike and charter of demands to every nook and corner of the country, social oppression in the name of caste and religion taking place in various parts of the country which has become a great challenge to the unity of the working class, need and importance of united struggle to defeat the neo-liberal policies and also communalism. Finally he called upon the leaders, delegates and observers attending the Conference to make the 2nd September 2016 strike a historic success, especially in the Central Govt. employees sector.

Sri.R.S.Bharati, MP, DMK addressed the National Conference and conveyed best wishes.

Com.T.M.Murthy, National Secretary, AITUC, in his address to the Conference narrated in detail the importance of September 2nd strike and the issues raised in the charter of demands. He criticised the totally negative attitude of the NDA Government towards working class and the common people of the country. He conveyed the warm greetings of AITUC to the conference.

Com.Shiv Gopal Misra, General Secretary, AIRF, Convenor, NJCA and Secretary, JCM National Council staff side, Dr.M.Reghavaiah, General Secretary, NFIR, Chairman NJCA and Leader, JCM (NC) staff side, Com.C.Srikumar, Secretary General, AIDEF and Member NJCA also addressed the open session. All the three leaders explained in detail, the developments which resulted in the deferment of the 11th July indefinite strike call of NJCA. They pointed out that it is only because of the total unity and preparedness of the entire Central Govt. Employees including Railways, Defence, Postal and Confederation, the Govt. finally came down and the Prime Minister intervened and directed the Senior Cabinet Minister’s Committee to negotiate with the NJCA. Govt. initially was under the impression that once the pay commission recommended pay scales and benefits are announced by the Cabinet, the NJCA’s strike threat will automatically fizzle out. But Govt’s calculations went wrong and NJCA took a firm stand. On 30th June Group of Ministers assured increase in the minimum pay and fitment factor and appointment of a High Level Committee to make recommendations for fulfilling their assurance. The leaders made clear that in case the Government go back from its assurance, the deferred indefinite strike will be revived by the NJCA. They assured that the NJCA and JCM staff side will make maximum efforts to get positive results from the five committees proposed by the Govt. viz. 1) Allowance Committee headed by Finance and Expenditure Secretary, 2) Anomaly Committee, 3) Committee to take decision on the feasibility of option-I of Pension Fixation recommendation of 7th CPC, 4) Committee for streamlining the implementation of the New Pension System (NPS), 5) High Level Committee as per the assurance of Group of Ministers. They stressed the need to further strengthening of unity and NJCA.

Com.A. Sreekumar, General Secretary, All India State Govt. Employees Federation (AISGEF), Com.Chellappa, Asst. General Secretary, BSNL Employees Union, Com.K.Raghavendran, Deputy Secretary General, NCCPA, Com.S.Mohan, Secretary General, Gazetted Officers Confederation (CCGGOO),Com.Elangovan, DREU, Com.A.G.Pasupathy, Ex-President, Confederation, Tamil Nadu, Com.K.V.Sridharan, Ex-GS, AIPEU Group-C also addressed the Conference. Com.A.V.Venkatraman, Veteran leader of Central Govt. Employees, formerly Secretary General of Audit & Accounts Employees Assn. and Postal Accounts Employees Assn. (former President of Confederation, Tamil Nadu) was honoured in the Conference. Com.AVV also addressed the conference.

Com.Durai Pandian, General Secretary, COC Tamilnadu State and Reception Committee offered vote of thanks.

Special Address of Justice K. Chandru:

In the afternoon session Justice K.Chandru (Retired Justice of Madras High Court) delivered a special address on the subject - “Neo-liberal economic Policies and Labour Law reforms”. The speech was more informative and educative (full text of the speech will be published in the Confederation website later).

DELEGATE SESSION:

Delegate session commenced at 5 PM on 16-08-2016. Com.KKN Kutty, presided. Com.M.Krishnan, Secretary General, welcomed the delegates and visitors. Resolution on homage to matyrs was presented by Com. K.P.Rajagopal (Secretary), Resolution on Com.S.K.Vyasji was presented by Com.R.N.Parashar (Joint Secretary), condolence resolution was moved by Com.Pijush Roy (Joint Secretary). House observed two minutes silence.

Thereafter President read over the notice for the 25th National Conference and agenda items. House approved the agenda without any amendments. The following committees were constituted for the smooth conducting of the Conference.

1. Presidium: Com.KKN Kutty (President), Com.M.S.Raja (Working President), Com.T.Narasimhan, Com.Ashok B.Salunkhe, Com.M.Durai Pandian, Com.N.Somaiah, Com.Giriraj Singh (all Vice Presidents).

2. Minutes Committee: Com.R.N.Parashar (Convenor), Com.Nilesh D.Nazare, Com.Arup Chatterjee, Com.Venkatasubramanian, Com.R.P.Singh (members).

3. Credential Committee: Com.Vrigu Bhattacharjee (Convenor), Com.Ashok Kanojia, Com.P.Suresh, Com.R.Seethalakshmi, Com.Iswar Singh Dabas (Members).

4. Resolution Committee: Com.K.P.Rajagopal (Convenor), Com.Pijush Roy, Com.K.V.Jayaraj, Com.Nageswara Rao, Com.Satyanarayana, Com.Mani Achari (members).

Agenda No.1: Confirmationof the minutes of the 24th National Conference held at Kolkata from 4th to 6th May, 2013.

Secretary General presented the minutes of the last conference and the house unanimously approved it.

Agenda No.2,3, & 4:

No.2. Presentation, discussion and adoption of

(a) Report for the year 2013-2016.

(b) Audited Accounts for the year 2013-2016.

No.3. 7th CPC related issues and common demands of Central govt. employees - Review of deferred NJCA strike from 11th July 2016.

No.4. Implementation of the 2016 September 2nd General Strike decision of Indian Working Class. It was decided to take up all the above three items together along with organisational review.

Com.M.Krishnan, Secretary General, presented the Triennial report for the period from 2013-2016. Com.Vrigu Bhattacharjee, Finance Secretary, presented the audited accounts for the period 2013-2016. House adjourned at 7 PM.

On the second day the delegate session reassembled at 4 PM. (Forenoon there was Women’s National Convention of Confederation - see separate report). Discussion on agenda item 2,3,4 and on organisational review took place. Discussion continued upto 1.30 PM on18-08-2016. 36 delegates representing various affiliates of Confederation participated in the discussion. Thereafter Secretary General replied to the points raised in the discussion. Finance Secretary replied to certain queries raised about the audited accounts. The house approved and passed the Report and audited Accounts for the period 2013-2016 unanimously.

Agenda No.6 - Presentation, discussion and adoption of Resolution on Policy and Programme:

Policy and programme resolution was presented by Secretary General. The following paragraphs is proposed to be added as the last para (para 8) of the Policy and programme already pointed and circulated among the delegates.

Para 8: This 25th National Conference ratify the decision taken by the National Secretariat of the Confederation held at New Delhi on 24th July 2016, regarding organising independent agitational programmes for realisation of the common demands of the Central Govt. employees. The Conference at the same time resolved to maintain the unity under the banner of NJCA in tact and also resolved that Confederation while conducting its own independent agitational programmes, shall fully implement all the programmes of NJCA also at all levels. Accordingly the following programme of action is adopted unanimously by the Conference.

1. Demonstrations of all Centres/at all office gates and forwarding of resolutions adopted on charter of demands to Prime Minister, Finance Minister and Head of the Departments.

2. Mass dharna at all state capitals.

3. Massive Parliament March in the month of November/December, 2016.

Dates of the programmes and charter of demands will be finalised by the newly elected National Secretariat of the Confederation.

House unanimously adopted the policy and programme resolution with the above programme of action.

Agenda No.7 - Consideration and adoption of resolutions on demands:

Resolutions, other than those already printed and circulated, was presented by Com.K.P.Rajagopal, Convenor of the resolution committee. All the resolutions were passed unanimously (for resolutions see list attached).

Credential Committee Report:

Com.Vrigu Bhattacharjee, Convenor, Credential Committee presented the following credential report.

1. Number of affiliated organisations attended

the Conference 34

2. Number of State level/Coordinating Committee (COCs)

attended 11

3. Number of delegates attended 180

4. Number of observers (Visitors) attended 76

5. Total number of delegates and visitors 256

6. No. of male delegates 188

7. No. of women delegates 68

8. Age profile of delegates/visitors

(a) Below 40 years 37

(b) From 40 years to 60 years 212

9. Number of delegates who faced victimisation 37

10. Arrested/Jailed 6

Agenda No.5 - Amendment to Constitution.

The following amendment was moved on behalf of the National Secretariate and unanimously approved.

Article 13 - Election

Article 13 (b) The National Secretariat (Office Bearers)

Existing clause:

The following office bearers (Members of National Secretariat) shall be elected from among the delegates attending the National Conference, in a democratic manner.

1. One President 2. One Working President

3. Five Vice Presidents 4. One Secretary General

5. One Secretary 6. One Finance Secretary

7. Five Asst. Secretaries 8. Twelve Organising Secretaries.

Amendment proposed:

National Secretariat (Office bearers):

The following office bearers (members of National Secretariat) shall be elected from among the delegates attending the National Conference, in a democratic manner.

1. One President 2. One Working President

3. Five Vice President 4. One Secretary General

5. One Secretary 6. One Finance Secretary

7. Five Asst. Secretaries 8. Eighteen Organising Secretaries.

In addition the office bearers of the Women’s Sub Committee of the Confederation will be special invitees to the National Secretariat meeting.

Agenda No.8 - Election of office bearers ie. National Secretariat Members

The 25th National Conference unanimously elected the following as the office bearers (National Secretariat members) of the Confederationof Central Govt. Employees ,and Workers for the period 2016-2013.

1. President : Com.KKN Kutty (ITEF)

2. Working President : Com.M.S.Raja (Audit & Accounts Association)

3. Vice Presidents : 1. Com.T.Narasimhan (NFPE)

2. Com.Ashok Kanojia (ITEF)

3. Com.Nageswar Rao (Audit & Accounts Assn.)

4. Com.Giriraj Singh (NFPE-R3)

5. Com.R.Seethalakshmi (Women’s Committee Convenor, P4, NFPE)

4. Secretary General : Com.M.Krishnan (NFPE)

5. Secretary : Com.Rupak Sarkar (ITEF)

6. Asst. Secretaries : 1. Com.R.N.Parashar (NFPE P3)

2. Com.Pijush Roy (COC West Bengal)

3. Com.K.V.Jayaraj (NFAEE, Atomic Energy)

4. Com.Ravi B.Nair (ITEF)

5. Com.Subhash Chandra Pandey (Audit & Accts. Assn.).

7. Finance Secretary : Com.Vrigu Bhattachargee (Civil Accts.)

8. Organising Secretary : 1. Com.Anup Chatterjee (BSIEA)

2. Com.Nilesh D. Nazare (IBMEA)

3. Com.Bibhash Dey (GSIEA)

4. Com.Balasundaram (GWBEA)

5. Com.Shanthanu Bhattacharjee (Civil Accts.)

6. Com.Mani Achari (NFAEE)

7. Com.S.Santhosh Kumar (NFPE Postal Accts)

8. Com.Tapas Bose (Audit & Accts Assn.)

9. Com.P.Suresh (NFPE R4)

10. Com.TKR Pillai (NSSO)

11. Com.Gurprit Singh (DMI Employees Assn.)

12. Com.P.Panduranga Rao (NFPE-GDS)

13. Com.Gopalakrishnan Nair (Civil Accts)

14. Com.Virender Tiwari (NFPE-SBCO)

15. Com.J.P.Singh (ITEF)

16. Com.R.B.Suresh (COC Tamilnadu)

17. (COC Karnataka)

18. (COC Assam/North East)

Special Invitees (Women Sub Committee Office Bearers):

1. Com.Usha Boneppalli (Chairperson)

2. Com.Manisha Majumder (Vice Chairperson)

3. Com.K.N.Jayasree Raj (Vice Chairperson)

4. Com.Gita Bhattacharjee (Jt. Convenor)

5. Com.Sarita Divakaran (Jt. Convenor)

Auditor : Com.R.P.Singh (Agmark) COC Mumbai.

The house authorised the newly elected National Secretariat to full up the two vacant posts by co-option from COC Karnataka and COC Assam/North East.

Agend No. 9- Appointment of Auditor:

The Conference nominated Com. R.P.Singh, (Agmark) of COC, Maharashtra, Mumbai as the Auditor of the Confederation for the period 2016-2019.

VENUE OF THE NEXT (26TH) NATIONAL CONFERENCE

The COC Nagpur expressed their willingness to hold the next National Conference of the confederation at NAGPUR (Maharashtra). The house unanimously approved the proposal. Next conference will be held at NAGPUR in the year 2019.

National Women’s Convention:

National Women’s convention of the confederation was held at Chennai on 17-08-2016 along with the 25th National Conference of the confederation. About 200 women delegates from various states attended the convention.

Com: Usha Boneppali, chairperson, women’s subcommittee presided over the convention. Com. A. Manjula (ITEF) women’s sub committee, Tamilnadu welcomed the guests and delegates. Dr. V. Vasanthi Devi, former Vice Chancellor, Manonmaniam Sundaranar University, Tirunelveli and former chairperson of the Tamilnadu state Women’s Commission, inaugurated the convention. (Text of the inaugural address will be published later). Com Usha Binappalli delivered presidential address and Com. R. Seethalakshmi, Convener, Women’s sub committee presented the organisational report. In the discussion that followed about 22 delegaes participated. Com.R.Seethalakshmi summed up the deliberations, 'New women's Sub Committee with following office bearers is elected unanimously.

Chairperson - Com. Usha Boneppalli (ITEF) Hyderabad

Vice Chairpersons - 1) Com. Manisha Mazumder (printing and stationery, COC West bengal) Kolkata

2) Com. K.N. Jayasree Raj, (Audit and Acc/s Assn. AG’s Office, Bangalore)

Convenor - Com. R. Seethalakshmi (NFPE) Delhi

Joint Convenors - 1) Com. Gita Bhattacharjee (NFPE) Delhi

2) Com. Sarita Divakaran (NFAEE Atomic Energy, Mumbai)

(List of members of women’s sub committee will be published later). Com: Angel Sathyanathan (Mahila sub committee) delivered vote of thanks.

Honouring of the Reception Committee Office bearers/Volunteers”

The house honoured the office bearers and volunteers of the Reception Committee who worked hard with full commitment and dedication for the last more than six months, especially during the conference days, which made the 25th National Conference a grand success.

All arrangements including accommodation, food, transportation were made in a flawless manner and overall it was excellent. The conference congratulated all members of the Reception Committee headed by Com. T.K. Rangarajan, MP (Chairman) and com. Durai Pandian (General Secretary) and placed on record its thanks and appreciation for the commendable work done by them for making the Diamond Jubilee year National Conference a memorable event.

The Conference concluded at 3.30 PM on 18th August 2016 with vote of thanks by Com. R.N Parashar, Assistant Secretary Confederation and Secretary General NFPE.

Resolutions adopted by the conference (already printed in the Report)

(1) Price rise (2) Filling up of posts (3) New Pension system (NPS) (4) Civil rights of Govt. employees (5) Right to strike (6) Functioning of JCM, implementation of arbitration awards and settlement of anomalies. (7) Downsizing, Outsourcing, Contractonsation etc (8) Modified assured career progression scheme (MACP) (9) Ban on recruitment and creation of posts (10) Gramin Dak Sevaks of Postal department, (11) on non-regular workers in Central Government Offices, (12) Solidarity with the working class of West Bengal (13) Abolition of APAR system (14) Introduction of productivity linked Bonus (PLB) in all departments and removal of ceiling. (15) Compassionate appointments (16) Five promotions, (17) Revision of Overtime allowance and Night Duty Allowance.

Resolutions received from the affiliates/COCs and passed by the conference.

1. Take immediate steps to stop atrocities on women, dalits, minorities and all other weaker sections.

2. Fill up all vacancies in the Government Departments and undertake cadre Review to assess the requirement of employees and their career prospects.

3. Regularisation of all Casual/Contingent employees and fill up all the vacant MTS Posts from among the casual/contingent workers. The remaining casual/contingent staff be given Temporary Status.

4. The DOPTs instruction for payment of Rs. 467/- per day to casual contingent workers from 1-1-2006 be made applicable to all casual/contingent workers across the Departments.

5. To provide one paid holiday per week to all casual/contingent workers in all departments uniformly.

6. Transfer & Posting of Group C & B Officers be made to the place of their choice or to nearby stations. Women employees, particularly be accommodated at their place of choice.

7. Recruitment to Group C posts be conducted region wise to mitigate the huge vacancies in various departments and to avoid non acceptance of offer of employment and dropping out on account of postings at far away place/regions/ states.

8. Higher limit of Honorarium to Government Employees be increased from the present Rs. 2500 to Rs. 25000 per year taking into account the inflation.

9. Income Tax limit be increased to Rs. 5 lakhs for salaried persons and restore the provision of standard deduction and full exemption for house rent allowance.

10. Extend the facility of Joint Consultative Machinery to the employees of Andaman Nicobar Islands.

11. Upgradation of the Grade Pay of LSGs and HSGs of Union Territory of Andaman Nickobar.

12. Withdraw all vindictive actions initiated against the Union functionaries of Atomic Energy Department.

13. Ensure cash free medical treatment to all Central Government Employees in Private Hospitals and all Recognised Hospitals, increase and modernize the facilities in the CGHS Hospitals.

14. All Cities be upgraded as and when the population cross the minimum required number.

15. Provision of Education allowance be extended up to post Graduation level

16. Residency period for promotion of employees and Officers from one level to next level should not exceed 3 years and stop the practice of filling up of promotional posts by Deputation when sufficient number of eligible candidates/employees are waiting for promotion.

17. Implement the DOPT instructions to consider and provide all promotional benefits to retired persons if their names come under the consideration zone of DPC.

18. Due to the change of policy of purchasing vehicles to hiring of Vehicles with chauffeur, a large number of Staff Car Drivers are idle without vehicles. They may be merged with mainstream cadres at appropriate levels.

19. Implement the Supreme Court Decision in the Case of Government. of India VS Rajeev Mohan. Wherein the principle of fixing seniority of among directly Recruited Employees and promoted Employees are laid down.

20. Scrap the new APAR System.

21. Settle all anomalies and disparity in Grade pay which arose after implementation of the VI-CPC.

22. Abolish and upgrade all the posts of Lower Division Clerks to Upper Division Clerks.

23. MACP benefit both on functional and financial should be on promotional hierarchy and pay fixation be allowed one step above after granting the increment.

24. Provide a chance to opt from CPF to GPF for those who joined before
1-1-2004.

25. While implementing CCS (Revised Pay) Rules 2016, ensure minimum 3% increase on increment at all stages and scrap the shell system in pay Matrix.

26. Implement the VII CPC recommendation of fixing the pay of seniors’ one step above if the pay of junior and senior is placed in similar pay. (bunching).

27. Allow closed holidays to the operative staff of Postal Department on all Saturdays, just like administrative staff.

28. Remove CCTV surveillance of staff in offices as it intrudes into privacy and misused for harassment and threatening.

29. Implement all arbitration awards pending for decision with the Government

30. Revise the Overtime and Night Duty Allowance.

31. The Conference authorise the Secretariat the determine all the anomalies arising on the implementation of the VII CPC and take them up at appropriate level.

32. Declare May Day as closed holiday for Central Govt. Departments.

33. Extend the Benefit if amendment to Bonus Act increasing the limit from 3500 to 7000/- to all Central Government Employees from Financial Year 2014-15.

GIST of the Resolutions moved in Women’s Convention held on 17-08-2016:

(1) to oppose the economic model designed by the Neo Liberal Policies of the Government resulting misery heaped on the masses of the country and women in particular.

(2) to oppose the discrimination and gender bias and providing equal rights to both men & women employees/ workers in every sphere of working field following the country’s constitution specially following the "Equal Remuneration Act 1976''.

(3) to view the Vishakha Guidelines and Sexual Harassment Act, 2013 seriously and act accordingly to make a " full stop'' of sexual harassment in the work spot/organisation by arranging to constitute the committee concerned every where in its real and correct spirit and those must not be only " so called''.

4. Basic amenities should be provided to each and every offices/workplaces where a lady is posted, even single in number.

5. Rest Rooms/ Creches be provided in workplaces /offices, where ladies are posted.

6. Relaxation of age is demanded in special cases so far as CCL is concerned ie. disabled/ mentally retarded children.

7. Grant of CCL on re-marriage cases where the children from first marriage. has/have been detached legally from the mother, irrespective of two children restriction.

8. Grant of CCL to the fathers in special circumstances where they are single parent of their children.

9. Grant of CCL to be extended for the grand children also.

10. Problems of GDS/Casual/Contingent/out sourced women workers should be given due consideration and act accordingly to help them in a true spirit.

11. Protection should be given from attacks on women in the name of caste/politics/religion etc. etc.

12. Enhancement of minimum age for employment/recruitment for women in all sectors including Govt. sector.

13. Women should be posted in day shifts as far as possible and security in proper meaning should be provided where they are compelled to be posted in the night shifts including safe and sound travel arrangement to and from the work spot.

14. Reservation of 33% seats in the main committee of Confederation and all its affiliated Federation/Unions/Association without any delay.

15. Strengthening women employment by giving reservation in organised and unorganised sectors be made.

16. Flexy working hours/work from home should be introduced.

17. Priority for allotment of Govt. Accommodation/Qtrs .to the Women employees in Government Sector should be given.

18. Grievance Boxes should be kept every where women employees are posted to redress her grievances in real spirit and to give her healthy working atmosphere.

19. Last, but not the least, CCL for 2 years must be with full pay; The recommendation of 7th CPC in this connection is opposed vehemently and must be set-right.

M.Krishnan,

Secretary General